New Jersey Civil Rights Defense Committee
www.nj-civilrights.org · info@nj-civilrights.org · P.O. Box 353, Piscataway, NJ 08855-0353
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  Equal Rights newsletter

NJCRDC Equal Rights newsletter


The October 2005 newsletter is now available.

  • NJCRDC meets with Monmouth Officials, visits Detainees.
  • Hunger Strike at Passaic County Jail.
  • Office of Inspector General Audits Detention Facilities.
  • Massive hunger strike by immigrant detainees at Guantanamo.
You may read it here.

  Coming Events

See events that are coming up.


Click on "Calendar" at the left.

  NJCRDC MEETING - OCTOBER 25

General Meeting


Tuesday, October 25, 2005 7:30 PM

Christ Church
5 Paterson Street
New Brunswick, NJ

  ACTION ALERT

SHOWDOWN AT SHERIFF'S PLAZA


The DHS Inspector General Struggles to Save His Audit, and Maybe, Just Maybe, His Soul.

Read this Passaic County Jail report


  Statement

John Roberts Threatens the Bill of Rights


The nomination of Judge John Roberts for the Supreme Court poses a grave threat to the Bill of Rights. Roberts has demonstrated his hostility to the fundamental rights won in the American Revolution. In the case of Hamdan vs. Rumsfeld, decided on July 15, 2005, the day before President Bush decided to nominate him, Roberts concurred in an opinion that would give to the President the power to imprison anyone, citizen or immigrant, to designate them an “enemy combatant” and to try them by military commission. These military commissions operate at Guantanamo Bay without any of the protections of the Bill of Rights—no jury trial, no presumption of innocence, no right to legal counsel, and no right to even know the charges. Such commissions, or “tribunals”, which have been deemed a mockery of justice even by military prosecutors, have the power to condemn anyone to life imprisonment or to death. In this decision, Roberts concurred that “congress authorized the military commission” in the Authorization of Force Joint Resolution passed after September 11, 2001. He agreed that this resolution gave the President the right to set up commissions to “determine if an American citizen was an enemy combatant” and thus could be stripped of all rights granted by the Bill of Rights.

In this same decision, Roberts concurred as well that the protections of the Geneva Conventions “cannot be judicially enforced” in the United States, even though the War Crimes Act of 1996 made violations of the Geneva Conventions, which among other things, prohibit torture, crimes under US law. Thus in Roberts’ view, those designated as enemy combatants can also be legally tortured.

If Roberts is confirmed and he is able to join with other justices on the Supreme Court to uphold this doctrine, if his doctrine becomes accepted as law, all the rights guarded by the Bill of Rights will be nullified. The Fifth and Sixth amendments forbid the US government from depriving anyone, citizen or immigrant, anywhere in the world, of life or liberty without due process of law. Due process means indictment by a grand jury, the right to counsel, and the right to trial by jury. But by Roberts’ doctrine, the President alone can designate anyone, for any reason, an ”enemy combatant” and subject them to a kangaroo court lacking all these guarantees. The rights to a free press, to free speech, to freely assemble, to protest, the rights needed to defend workers, women, racial and ethnic minorities, would be nullified if anyone daring to exercise these rights could be arbitrarily and indefinitely imprisoned, tortured or even executed. Instead of relying on the guarantees of the Bill of Rights, Americans would be at the mercy of an all-powerful President.

Roberts’ views, expressed in the Hamdan decision show dramatically how the assault on the rights of immigrants, falsely justified by the “war on terror”, threaten the rights of all who live here, whether citizen or immigrant. Immigrants are today subjected to arbitrary detention and exile, without criminal charges, right to counsel or jury trials. If these violations of rights are tolerated, tomorrow any citizen could be subject to the same violations. An attack on the rights of anyone is an attack on the rights of all.

Roberts is unfit to serve on the Supreme Court. His nomination must be rejected.

Statement issued by New Jersey Civil Rights Defense Committee and Casa Pueblo - August 17, 2005

  Statement

Statement from New Jersey Civil Rights Defense Committee on OIG being expelled from Passaic County Jail, August 17, 2005


Passaic County Jail has been an ongoing site of civil rights abuses against immigrant detainees. After the national press expose on the use of attack dogs at Passaic County Jail in November 2004, the Office of Inspector General announced an audit of the jail. We are, however, deeply concerned about the OIG's lack of commitment to a thorough and publicly accountable audit at Passaic County Jail. For the last eight months we have been diligently attempting to cooperate with the OIG only to be continually rebuffed. The OIG has not demonstrated a willingness to seriously investigate the abuses at Passaic County Jail. The lack of governmental oversight of the Department of Homeland Security contract at Passaic County Jail is deeply disturbing. NJCRDC has repeatedly called for a termination of Passaic County's contract with DHS. The lack of government oversight is yet another reason that this contract should be terminated.

  Update on OIG Audit

OIG fails to cooperate with NJCRDC


Auditors from the OIG (Office of Inspector General) for the Department of Homeland Security have been in New Jersey conducting the long awaited audit of Hudson County Correctional Center and Passaic County Jail. Although we have done our best to cooperate with the auditors, NJCRDC has not been allowed to witness any interviews, although many detainees have requested a witness.

Thanks to all of you who volunteered to be witnesses. We regret that we could not use your services.

  Mali immigrant in Passaic County Correctional Institution

Please help Nouhoum Sidibe, May 23, 2005


Thanks to all who called on Paul Pierre’s behalf!

As a direct result of our phone calling campaign, Monmouth County officials have agreed to a meeting with us and other community organizations to discuss the immigrant detention at Monmouth County jail as well as Paul’s situation in particular. We’ll send out more specific announcements of this once details are finalized. We will discuss our plans for the meeting at the next NJCRDC meeting, which is June 15, 7:00 PM, place to be announced.

However, we have another urgent case that we really need your calls for. (We promise that back-to-back campaigns like this will be a rarity!). This is the case of Nouhoum Sidibe, an 18-year old held at Passaic County Jail. Nouhoum’s story is very clear and compelling. He is 18 years old and was taken to the US by his father when he was only 7. His father disappeared, later died, and his mother was unable to join him in the US and has also disappeared, and is possibly dead. He was raised by and was living with his much older half-brother, a US citizen. He got in trouble with the law for petty larceny and shoplifting and since his temporary visa had long since expired, he was detained in February 2004 at Passaic for deportation to Mali.

Nouhoum contested the deportation and lost, starting to fully cooperate in his deportation in October, 2004 seven months ago. On April 15, Mali sent him and ICE a document saying that they had no evidence that he is a citizen of Mali and that they would not admit him nor issue travel papers. Since then ICE has not communicated with him in any way. Under the Zadvydas decision, ICE has no legal right to hold him further, since he has cooperated in his deportation for over six months. They have had their six months and failed. Even under their own rules, ICE has absolutely no legal grounds to hold Nouhoum. If released, he would return to living with his step-brother. Right now, he has an undiagnosed GI-tract problems and is not allowed to see a doctor.

We have chance to get this young man out quickly, as we succeed in doing with Madani Ba. Only ICE can release him, so we are not asking for calls to the jail. But we need to let ICE know that they must release Nouhoum Sidibe NOW. They have no shadow of a legal excuse to hold him. Let ICE know, too, that others are watching their actions, as well as us.

Nouhoum Sidibe’s A# is 79687508 and his birth date is 1/22/87. Please help by calling, faxing or emailing:

Wesley Lee, Director
ICE Detention and Removal
425 I Street NW
Washington, DC 20536
202-514-8663
fax 202-353-9435
email (c/o ICE Chief of Staff Shelly Han), Shelly Han to insist that ICE release Nouhoum Sidibe NOW!

THANK YOU FOR YOUR PARTICIPATION IN THIS COMPASSIONATE EFFORT


  Monmouth County Correctional Institution

Please help Paul Pierre, May 18


Paul Pierre is presently a detainee at the jail. He served nearly 12 years at Rahway State Prison for attempted murder. He is a Haitian national. Upon the completion of his sentence he was transferred to Monmouth County Correctional Institution were he has been since August 20, 2004. He is appealing his deportation order. While at Rahway he had his esophagus crushed. He underwent surgery at St. Francis Medical Center. The surgery left him with a feeding tube in his left abdomen. His esophagus is permanently weakened and all nutrition must come through the tube. Upon his release from prison, no other county correctional facility would accept him, stating they did not have the ability to handle his special needs. Monmouth took him.

When he arrived at Monmouth he received no nutrition for the first 35 hours. He needs to receive liquid nutrients four times a day. He is regularly overlooked and receives nutrition on average three times a day, sometimes twice, sometimes none. When he complains he is threatened with being given a cellmate. He needs his own cell because he must clean himself 4 or 5 times a day or an odor is emitted from his body. When he files grievances with immigration authorities they say his needs are being met. Even when he receives all his feedings, it is less than the prescribed 2000 calories per day.

Recently, he has been experiencing difficulty getting his food at all. A Lieutenant claims he was observed by some other inmate taking food by mouth. This was evidently sufficient reason to stop his liquid nutrition. This occurred on April 14th. On April 23rd, again, no food. Other days 2 feedings instead of 4. At one point, he received no food because a new nurse had forgotten to prepare his feeding.

The conditions in the K POD are so unsanitary that he should be transferred. The other detainees complain of skin rashes from touching the walls in the single shower for 32 men. Unsanitary conditions are a universal complaint in this maximum security POD.

He should either be transferred to a prison medical facility or released. He has family living in Irvington willing to take him. Considering that deportation to Haiti would likely cause his death, he should be released as are other convicts after serving their sentence.

For more information on the fight to stop deportation of Haitian immigrants please see:

Please click here to get involved.

  Detainee Released April 19, 2005

Madani Ba reased from detention


Mr. Madani Ba, a 54 year-old from Mali who has resided in the U.S. for the past 27 years, and has a green card, has been released from detention this afternoon, April 19th. Thanks to all of you who made phone calls and sent emails on behalf of Mr. Ba's release.

An excellent article has appeared in the Herald News entitled Nowhere To Go. You may also read background on Mr Ba.

Update of May 9th: There is great news on Madani, the wonderful family we settled him with has been taking care of him, helped him get his working papers and a full-time job. Marion has gotten a contact to provide him with free medical care. Now we just have to move ahead with getting legal assistance for Madani to file a removal of the cancellation order so his legal status will be secure.


  Indictment of George W. Bush

Grand Jury Indictment of George W. Bush et al. on April 30th, 2005 at Rutgers University


New Jersey Civil Right Defense Committee, the Graduate Student Association of Rutgers, together with other activists and organizations, held a Grand Jury Indictment of George W. Bush et al for Torture, Illegal Detention and Murder.
See the Press Release; Indictment.

  Suicide at Passaic County Jail

NJCRDC Statement on Suicide at Passaic County Jail - February 17, 2005


NJCRDC was deeply outraged to hear of the suicide of Mr. Heq Sung Soo at Passaic County Jail on Wednesday, February 16, 2005. But we were not surprised. The negligent treatment by ICE, all the hospitals involved and the Passaic County Jail led to the death of an innocent man who could not speak English and was systematically denied appropriate medical care. The only possible result of holding innocent people as criminals without access to constitutional protection is torture and death.

The death of Heq Sung Soo is nothing less than a war crime. Those who lead ICE and Passaic County Jail must be held legally accountable for this death and all the illegal detentions of immigrants which have effectively shredded the Bill of Rights. We cannot remain silent without being stripped of our humanity.

NJCRDC continues to document horrible conditions at Passaic County Jail. Like Heq Sung Soo, many other detainees there are systematically denied appropriate medical care. They sleep in containers on the floor due to overcrowding. They are physically and mentally abused by jail guards and officials. Although the use of dogs to terrorize and torture has stopped, no one responsible has been prosecuted, and reports of beatings and abuse continue. Only the freeing of all the detainees and the end of the practice of detention without charge will stop the ongoing abuse, torture and death.

We call for an immediate investigation of all parties involved in Mr. Heq Sung Soo’s death. We call for an immediate termination of ICE’s contract with Passaic County Jail. We call for the immediate release of all the detainees. We must stop the torture now before another innocent person dies.

Additional Information

  Press Release

Immigration Authorities End Torture-by-Dogs of Detainees in US Jails


The immigrant rights’ movement won a significant victory when the Dept. Of Homeland Security’s Immigration and Customs Enforcement arm directed that all jails in the US holding immigrant detainees cease to use dogs around the detainees. View the December 6 NJCRDC press release

  NPR Reports

Daniel Zwerdling Reports on Immigrant Detainees at Passaic and Hudson


November 17 and 18 on "All Things Considered", Daniel Zwerdling reports on immigrant detainees at Passaic and Hudson County jails in New Jersey. Featuring interviews with Rosendo Lewis, who was attacked by dogs at Passaic, Hemnauth Mohabir, and other detainees. You can listen to show at Part I (11/17/2004) Part II (11/18/2004)

  El Diario Reports

Eva Sanchis Reports on Immigrant Abuse


November 18 and 19 in "El Diario/La Prensa", Eva Sanchis reports on immigrant abuse at Passaic and Hudson County jails in New Jersey. Featuring testimoney of Rosendo Lewis, Mark Gary Hough, and Hemnauth Mohabir. Read the reports. Spanish More
English

  DETAINEE NEWSLETTER

NEW! Issue 2
Read and Distribute the Detainee Newsletter

Issue 2 Issue 1

This newsletter is a way to spread the word, by encouraging detainees to speak out and by making their stories available to a wider public.
We ask all our members and friends to help with the distribution of this newsletter. Please feel free to download a copy, e-mail it to friends and other organizations, print it, place it in public places, mail it, read it at local gatherings. Only with your help can we stop these injustices.

  STATEMENT ON TORTURE AND THE DETENTIONS

Statement on Torture and the Detentions

Cover Letter | Statement

 PLEASE HELP
WE NEED SPANISH SPEAKERS for our Emergency Response hotline. If you can help please contact NJ Civil Rights Defense Committee at info@nj-civilrights.org

Organizing gets results... but it takes a lot of work. We have done a lot of work but there is still a lot of work to do. We need your help! Come to a meeting, join a committee, get involved.


In The News
Oct. 30, 2005
In City Jails a Question of Force

The New York Times
Story

Oct. 19, 2005
Jail ends kosher and halal meals

Herald News
Story

Oct. 1, 2005
Showdown at Sheriff's Plaza

Counterpunch
Story

Aug. 26, 2005
Speziale may allow review of jail conditions to resume

Herald News
Story

Aug. 26, 2005
Sheriff considers lifting ban on federal auditors at jail

Herald News
Story

Aug. 26, 2005
Detainee Justice

Bergen County Record
Op-Ed

Aug. 24, 2005
2 men say Passiac Jail denied them AIDS drugs

Herald News
Story

Aug. 17, 2005
Speziale boots feds probing alleged abuse of detainees

Herald News
Story

Jul. 20, 2005
Judge Dread

Counterpunch
Story

Jun. 29, 2005
Jail officials deny beating of immigration detainee

Herald News
Story

Jun. 3, 2005
Federal detainees, county headaches

The Star-Ledger (NJ.com)
Story

Apr. 26, 2005
Nowhere to go

Herald News
Story

Mar. 16, 2005
Immigrant detainee breaks fast in Passaic

Herald News
Story

Mar. 15, 2005
Jailed immigrant on hunger strike

Herald News
Story

Mar. 12, 2005
Judge rules businessman must leave

Home News Tribune
Story

Mar. 11, 2005
Deporting Lin would be unjust

Home News Tribune
Op-Ed

Mar. 11, 2005
Deportation case focuses on definition of torture

New York Times
Story

Feb. 25, 2005
Carcel de Passaic en la mira

El Diario
Story

Feb. 20, 2005
Brooklyn's Abu Graib

New York Daily News
Story

Feb. 16, 2005
Recently released from prison, Cuban refugees who came to the United States in the 1980 Mariel boatlift are left to fend for themselves

The Times-Picayune
Story

Feb. 15, 2005
12 Cuban detainees released in Newark following court ruling

Star-Ledger
Story

Feb. 12, 2005
Testimony danger is cited

Home News Tribune
Story

Jan. 25, 2005
Immigrant may get Feb. ruling

Home News Tribune
Story

Jan. 25, 2005
Expert: If deported, man faces torture

The Star Ledger
Story

Jan. 24, 2005
A Cry for Mercy

The Star Ledger
Story

Jan. 23, 2005
Tiananmen organizer faces U.S. expulsion

The Star Ledger
Story

Jan. 15, 2005
Detainee records request is denied

Herald News
Story

Jan. 12, 2005
Supreme Court Limits Detention of Immigrants

The Boston Globe
Story

Dec. 17, 2004
Borough backs store owner in deportation fight

Home News Tribune
Story

Dec. 7, 2004
Detainee rights battle

The Bergen Herald
Story

Dec. 7, 2004
Jails must stop using dogs near immigration detainees

News Day (Associated Press Article)
Story

Dec. 6, 2004
Celebran triunfo de inmigrantes

El Diario/La Prenza
Story

Nov. 18, 2004
Perros para torturar a detenidos

El Diario/La Prensa
Story

Jun. 29, 2004
Journalist Deported

Home News Tribune
Story

May. 23, 2004
Journalist from Sierra Leone fears Deportation and Reprisals

Home News Tribune
Story

Mar. 23, 2004
Detainee Newsletter

NJCRDC
Article

Mar. 14, 2004
Inside Guantanamo

The Observer
Story

Mar. 14, 2004
Inside Guantanamo

The Observer
Story

Feb. 16, 2004
Detainees in, out of county jail

The Herald News
Article

Feb. 3, 2004
Professors take aim at Patriot Act

The Morning Call
Article

Feb. 1, 2004
AFTER THE WAR

Herald News
Story

Dec. 8, 2003
Southern Discomfort: Local Deportees Sent Out of State

City Limits WEEKLY
Story