UNITED
STATES
World Report
2001 Entry
World Report
Entry 2000
World
Report Entry 1999
World Report
Entry 1998
Beyond Reason:
The Death Penalty and Offenders with Mental Retardation
Twenty-five U.S. states still permit the execution of offenders with mental retardation and should pass
laws to ban the practice without delay, Human Rights Watch said in releasing today the first comprehensive human rights-based
analysis of such executions.The United States appears to be the only democracy whose laws expressly permit the execution of persons with this severe
mental disability. At least thirty-five mentally retarded people have been executed in the United States since 1976. An estimated
two to three hundred currently await execution on death row.In 1989, the U.S. Supreme Court ruled that the execution of persons with mental retardation was not unconstitutional. The court
concluded there was no national consensus against such executions because only two states prohibited them. Since then, the
number of states that legislatively exempt mentally retarded persons from the death penalty has grown to thirteen, in addition to the
federal government. Beyond Reason provides numerous examples of persons who have been sentenced to death despite the profound intellectual
limitations they have suffered since birth.
(G1301), 03/01, 50pp, $7.00
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online
Unfair Advantage:
Workers' Freedom of Association
in the United States under International Human Rights Standards
Workers' basic rights are routinely violated in the United States because
U.S. labor law is so feebly enforced and so filled with loopholes, Human
Rights Watch said in this report. The 217-page report, "Unfair Advantage:
Workers' Freedom of Association in the United States under International
Human Rights Standards," was based on field research in California, Colorado,
Florida, Illinois, Louisiana, Michigan, New York, North Carolina, Washington
and other states. Human Rights Watch examined workers' rights to organize,
to bargain collectively, and to strike under international norms. It found
widespread labor rights violations across regions, industries and employment
status. The report is being released on the eve of the annual Labor Day
holiday in the United States. The U.S. government has called for
"core labor standards," including workers' freedom of association, to be
included in the rules of the World Trade Organization and the Free Trade
Agreement of theAmericas. But Human Rights Watch charged that the United
States itself violates freedom of association standards by failing to protect
workers' right to organize. (2513) 8/00, 220pp., $15.00
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Fingers to the Bone:
United States Failure to Protect
Child Farmworkers
Hundreds of thousands of child farmworkers are laboring under dangerous
and grueling conditions in the United States, Human Rights Watch charged
in a report released today. HRW found that child farmworkers
often work twelve- and fourteen-hour days, and risk pesticide poisoning,
heat illness, injuries and life-long disabilities. The vast majority of
child farmworkers are Latino. The laws governing minors working in agriculture
are much less stringent than those for other sectors of the economy, Human
Rights Watch said, allowing children to work at younger ages, for longer
hours, and under more hazardous conditions than children in other jobs.
"Fingers to the Bone:United States Failure to Protect Child Farmworkers,"
focuses on children aged thirteen to sixteen. Some of these young workers
told Human Rights Watch that they work as many as seventy or eighty hours
a week. Often, their workdays begin before dawn.
(2491), 6/00, 112pp., ISBN 1-56432- 2491, $10.00
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Punishment and Prejudice: Racial Disparities
in the War on Drugs
The U.S. war on drugs has been waged overwhelmingly against black Americans,
Human Rights Watch charged in a new report released today. This report
includes the first state-by-state analysis of the role of race and drugs
in prison admissions. All of the 37 states Human Rights Watch studied send
black drug offenders to prison at far higher rates than whites. The ten
states with the greatest racial disparities are: Illinois, Wisconsin, Minnesota,
Maine, Iowa, Maryland, Ohio, New Jersey, North Carolina, and West Virginia.
In these states, black men are sent to prison on drug charges at 27 to
57 times the rate of white men."Punishment and Prejudice" also documents
how drug law enforcement has fueled the exploding U.S. prison population.
During the 1990s, more than one hundred thousand people were admitted to
prison on drug charges every year. Over 1.5 million prison admissions on
drug charges have occurred since 1980. The incarceration of nonviolent
drug offenders has propelled the nation's soaring incarceration rate, the
highest in the western world. Human Rights Watch calls for changes in drug
control strategies to minimize their racially disproportionate impact and
to reduce the overincarceration of nonviolent offenders.
(G1202) 5/00, 39pp., $5.00
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US: Out of Sight: Super-Maximum
Security Confinement in the US
There are currently more than twenty thousand prisoners in the United
States, nearly two percent of the prison population, housed in special
super-maximum security facilities or units. Prisoners in these facilities
typically spend their waking and sleeping hours locked in small, sometimes
windowless, cells sealed with solid steel doors. A few times a week they
are let out for showers and solitary exercise in a small, enclosed space.
Supermax prisoners have almost no access to educational or recreational
activities or other sources of mental stimulation and are usually handcuffed,
shackled and escorted by two or three correctional officers every time
they leave their cells. Assignment to supermax housing is usually for an
indefinite period that may continue for years. Although supermax facilities
are ostensibly designed to house incorrigibly violent or dangerous inmates,
many of the inmates confined in them do not meet those criteria.
Supermax confinement, no less than any other, is subject to human rights
standards contained in treaties signed by the United States and binding
on state and federal officials
(G1201) 2/00, 9pp, $3.00
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No Minor Matter:
Children in Maryland's
Jails
With frequent references to "juvenile predators," "hardened criminals,"
and "young thugs," U.S. lawmakers at both the state and federal levels
have increasingly abandoned efforts to rehabilitate child offenders through
the juvenile court system. Instead, many states have responded to a perceived
outbreak in juvenile violent crime by moving more children into the adult
criminal system. Between 1992 and 1998, at least forty U.S. states adopted
legislation making it easier for children to be tried as adults; a similar
measure for youth charged with federal crimes is pending in the U.S. Congress.
These measures neither reduce crime nor lead to rehabilitation. But they
often do lead to serious abuses when children are held in adult jails,
sometimes in appalling conditions of confinement, occasionally sharing
cells with adult detainees, and frequently provided inadequate education,
medical and mental health care, or age-appropriate recreational opportunities.
Human Rights Watch calls upon Maryland to end the practice of detaining
children in adult detention facilities, and ensure that conditions of detention
for youth comply with federal and state law and international standards.
(2432), 11/99, 169 pp., $15.00
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U.S.: Red
Onion State Prison: Super-Maximum Security Confinement in Virginia
The treatment of inmates at Red Onion State Prison, Virginia's first
super-maximum securityfacility, raises serious human rights concerns.1
The Virginia Department of Corrections isresponsible for safely and humanely
confining all its inmates, even those deemed to be violent,disruptive or
to pose other security risks. Like many corrections departments across
the country,Virginia's has endorsed the confinement of purportedly dangerous
inmates in extremelyrestrictive, highly controlled facilities. Absent thoughtful
leadership and careful policies, thepotential for human rights abuses at
such "supermax" facilities is great. At Red Onion,unfortunately, the Virginia
Department of Corrections has failed to embrace basic tenets of soundcorrectional
practice and laws protecting inmates from abusive, degrading or cruel treatment.
(G1101) 05/99, 24pp., $3.00
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United States -- Detained
and Deprived of Rights: Children in the Custody of the U.S. Immigration
and Naturalization Service
In this report, Human Rights Watch charges the U.S. Immigration and
Naturalization Service (INS) with violating the rights of unaccompanied
children in its custody. The report finds that roughly one-third of detained
children are held in punitive, jail-like detention centers, even though
most children in INS custody are being detained for administrative reasons
while their case is pending, not as a punishment for criminal behavior.
Approximately 5000 unaccompanied children are detained by the INS each
year. Human Rights Watch focused its report on a Pennsylvania facility
that the INS claims is one of the best in the country. However, the report
found that too many children are locked up in prison-like conditions with
juveniles accused of murder, rape and drug trafficking, where they are
forbidden to speak their native language, instructed not to laugh, and,
according to several interviewees, even forced to ask permission to scratch
their noses. Human Rights Watch found that some children are strip searched
and restrained by handcuffs during transport, and denied basic rights to
privacy.
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Losing the Vote: The Impact
of Felony Disenfranchisement Laws in the United States
The expansion of suffrage to all sectors of the population is one of
the United States' most important political triumphs. Once the privilege
of wealthy white men, the vote is now a basic right held as well by the
poor and working classes, racial minorities, women and young adults. Today,
all mentally competent adults have the right to vote with only one exception:
convicted criminal offenders. In forty-six states and the District of Columbia,
criminal disenfranchisement laws deny the vote to all convicted adults
in prison. The racial impact of disenfranchisement laws is particularly
egregious. Thirteen percent of African American men -- ;1.4 million --
are disenfranchised, representing just over one-third (36 percent) of the
total disenfranchised population. If current trends continue, the
rate of disenfranchisement for black men could reach 40 percent in the
states that disenfranchise ex-offenders.
(G1003) 10/98, 27pp., $5.00
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United States -- Nowhere
to Hide: Retaliation Against Women in Michigan State Prisons
This report documents how women inmates who have been raped by guards
in Michigan prisons are suffering retaliation from their attackers."In
Michigan, a woman risks being sexually assaulted if she's imprisoned, and
being terrorized by guards if she dares report the assault," said Regan
Ralph, executive director of theWomen's Rights Division of Human Rights
Watch.
"If this were happening in another country, no one would hesitate to call
it what it is: a terrible abuse of human rights." Thirty-one women
have filed a class action lawsuit against the Michigan Department of Corrections,
charging that prison management has failed to prevent sexual assault and
abuse by guards and staff. The suit, which is being jointly prosecuted
by private lawyers and the U.S. Department of Justice, also charges that
women face retaliation when they report rape: everything from verbal abuse,
to being placed in solitary confinement, to being raped again. One plaintiff
was placed on a permanent visitation ban and has not seen her daughter
for nearly two years. She is now on a hunger strike to protest her treatment.
(G1002)09/98, 27 pp., $5.00
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United States -- Locked
Away: Immigration Detainees in Jails in the United States
Human Rights Watch charges that the U.S. Immigration and Naturalization
Service (INS) is now holding more than half of its detainees in jails where
they are subjected to punitive treatment and may be mixed with criminal
inmates. With its own detention facilities overwhelmed, the INS is placing
its administrative detainees in jails, even though they are not serving
criminal sentences. Those detained include asylum seekers, undocumented
individuals picked up by the INS on the street or during workplace raids,
and individuals with previous convictions who are now awaiting deportation.
The 84-page report, Locked Away: Immigration Detainees in Local Jails in
the United States, reflects research conducted over an eighteen-month period,
including visits to fourteen jails in seven states and interviews with
more than 200 INS detainees.
(G1001) 09/98, 84 pp., $7.00
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Shielded
from Justice
Police
Brutality and Accountability in the United States
Police brutality is one of the most serious,
enduring and divisive human rights violations in the United States. Unjustified
shootings by police, severe beatings, fatal chokings, and unnecessarily
rough treatment of detainees occur in cities throughout the country. Despite
promises of reform following high-profile incidents, abusive treatment
by police officers persists because systems presumably designed to hold
officers accountable instead, in practice, often allow them to escape punishment
of any kind. In addition to violating U.S. law and police department policies,
police brutality violates international human rights treaties by which
the U.S. is bound; the failure of U.S. institutions to hold police accountable
is also a breach of international human rights standards. This report represents
more than two years of research in fourteen U.S.cities - Atlanta, Boston,
Chicago, Detroit, Indianapolis, Los Angeles, Minneapolis, New Orleans,
New York, Philadelphia, Portland,Providence, San Francisco, and Washington,
D.C. Human Rights Watch urges wide-ranging reforms to address police abuse,
including national and local data-collection, with federal aid to police
departments conditioned on compliance with reporting requirements and on
improvements in oversight and discipline; stronger police and political
leadership; adequate funding and political support for civilian review
agencies; and special prosecutors in each state to handle criminal prosecutions
of police.
(1835) 07/98, 450 pps,ISBN 1-56432-183-5,
$20.00
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Cold
Storage
Super-Maximum
Security Confinement in Indiana
In the United States, correctional authorities
are relying increasingly on special super-maximum security facilities to
confine disruptive or dangerous prisoners. Prisoners in these facilities
spend an average of twenty-three hours a day in small, often windowless
cells, facing years of extreme social isolation, enforced idleness, and
extraordinarily limited recreational or educational opportunities. Prolonged
confinement in these conditions can be devastating psychologically, particularly
for the many prisoners who are incarcerated with pre-existing psychiatric
illnesses. Human Rights Watch examines in this report two prisons in Indiana
that exemplify conditions and practices in super-maximum security facilities
around the country. While recognizing legitimate security considerations
in the housing of prisoners who break prison rules, Human Rights Watch
concludes that security cannot justify conditions that constitute cruel,
inhuman or degrading treatment. Warehousing mentally ill prisoners in super-maximum
security facilities is particularly reprehensible: it exacerbates their
illness and can inflict such great suffering as to constitute torture under
international human rights law. This report is the first comprehensive
assessment under international human rights law of super-maximum security
facilities in the United States which house prisoners who will someday
be released back into society. The report illuminates some of the key issues
that correctional authorities confront in confining difficult prisoners.
(1754) 10/97, 92 pp., ISBN 1-56432-175-4,
$10.00
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High
Country Lockup
Children
in Confinement in Colorado
Too many children are being held prisoner
in Colorado, and as a result they live in crowded conditions that are sometimes
unsafe and frequently devoid of activities that would prepare them to be
useful citizens when they are released. One institution is so bad it is
operating under a court order. Another, a private institution with children
from several states, so appalled officials from Idaho that it withdrew
its inmates. These are among the highlights of our examination of juvenile
detention in Colorado, a state whose snowcapped mountains and crisp air
offers an image that is too often belied by its institutions. Human Rights
Watch visited institutions, interviewed children, staff members, judges
and others, and reviewed the increasingly punitive legislation governing
the courts' treatment of people in "the system" under the age of eighteen.
Like many states, it is moving away from programs and toward ever-increasing
punishment. It is turning its back on children in its care by sending them
to private facilities both in and out of state. It is flooding its institutions
with young people without taking into account the fact that the vast majority
will return to society. Conditions in Colorado institutions often violate
U.S. constitutional standards as well as those found in the United Nations
Convention on the Rights of the Child and the United Nations Rules for
the Protection of Juveniles Deprived of their Liberty. In this report,
we make a series of recommendations regarding the human rights aspects
of imprisonment in children's facilities in Colorado.
(219-X) 09/97, 120 pp.,ISBN 1-56432-219-X,
$10.00
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In
its Own Words: The U.S. Army and Antipersonnel Mines in the Korean and
Vietnam Wars
Most of the world is poised to ban antipersonnel
landmines, the indiscriminate weapons that kill or maim an estimated 26,000
civilians each year. More than 100 governments have committed to negotiating
a comprehensive ban treaty in Oslo, Norway in September, with the intention
of signing the treaty in Ottawa, Canada in December. Thus far, however,
the United States has said that it will not participate in the negotiations
and is not prepared to sign a ban treaty as early as December 1997, despite
the fact that in a major policy announcement on May 16, 1996, President
Clinton pledged that the U.S. "will seek a worldwide agreement as soon
as possible to end the use of all antipersonnel landmines." Because of
the desire of some in the U.S. military to hold on to this weapon as long
as possible, President Clinton has been seeking a ban not through the fast-track
"Ottawa Process" aimed at a ban treaty in December 1997, but through the
notoriously slow United Nations Conference on Disarmament, a process expected
to take many years, if not decades.
(G903) 7/97, 14 pp., $3.00
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Exposing
the Source: U.S. Companies and the Production of Antipersonnel Mines
Despite the Clinton Administration's attempts
to lay claim to the mantle of global leadership in the effort to ban antipersonnel
landmines, the United States has refused to ban-or even formally suspend-the
production of antipersonnel mines. From 1985 through 1996, the U.S. produced
more than four million new antipersonnel mines. At the same time that President
Clinton was urging the rest of the world to move toward the total elimination
of the weapon, the Pentagon was awarding contracts to dozens of U.S. companies
to manufacture antipersonnel mines to replace those used in the Persian
Gulf War. The U.S. currently has a stockpile of 15 million antipersonnel
mines, although three million older mines are scheduled to be destroyed
by the end of 1999. In this report, Human Rights Watch-as part of a coordinated
national effort to promote a total ban on antipersonnel landmines-identifies
forty-seven U.S. companies that have been involved in the manufacture of
antipersonnel mines, their components, or delivery systems. That is more
than twice the number of companies previously acknowledged by the Department
of Defense (DoD). This report is to be the basis for a "stigmatization"
campaign by the U.S. Campaign to Ban Landmines (USCBL) to press all companies
that have been involved in antipersonnel mine production in the past to
renounce any future activities related to antipersonnel mine production.
(G902) 4/97, 47 pp., $5.00
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SLIPPING THROUGH
THE CRACKS
Unaccompanied
Children Detained by the U.S. Immigration and Naturalization Service
The U.S. Immigration and Naturalization Service (INS) violates the
rights of hundreds of unaccompanied children each year, some as young as
eight, contrary to international law as well as INS regulations. Based
on on-site visits and interviews conducted at INS facilities in Los Angeles
County and Arizona, our report reveals that children are held in prison-like
conditions for several months or longer. The INS detains too many children
for too long, fails to inform them of their legal rights, interferes with
their efforts to obtain legal representation or to consult in private with
their lawyers, and fails to facilitate contact with family members. Moreover,
the INS fails to keep statistics on or to make public the actions it takes
against thousands of unaccompanied children whom it holds in custody for
seventy-two hours or less. Many of these abuses are due to the conflicting
roles played by the INS: prosecutorial versus care-giving. Children are
arrested, imprisoned, and deported, all by the same agency charged with
protecting their rights. We urge the government to end this conflict of
interest by assigning the care-giving role to appropriate child welfare
agencies while the INS assesses their immigration status.
(2092) 4/97, 128 pp., ISBN 1-56432-209-2, $10.00/£8.95
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CRUEL AND USUAL
Disproportionate
Sentences for New York Drug Offenders
In the past decade, the U.S. Congress and many state legislatures have
established harsh criminal penalties for a wide range of drug offenses,
often using the vehicle of mandatory minimum prison sentences. As a consequence,
drug offenders in the United States face sentences that are uniquely severe
among constitutional democracies. Supporters insist that severe mandatory
sentences guarantee serious drug offenders are put behind bars, offer prosecutors
leverage for securing cooperation from drug traffickers, deter prospective
offenders, and enhance community safety and well-being. Opponents point
to data showing the laws have had little impact on the demand for or the
availability of drugs. Instead, they have resulted in the unnecessary confinement
of low-level nonviolent offenders (most of whom are poor African-Americans
and Hispanics), a staggering growth in prison populations, and a waste
of public resources. Judges decry the excessive and unfair sanctions that
mandatory sentencing laws can require in individual cases. Missing from
the debate over drug sentencing laws, however, has been a critique of their
human rights impact.
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the summary and recommendations of this report.
(B902) 3/97, 39 pp., $5.00/£2.95
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ALL TOO FAMILIAR
Sexual Abuse of Women
in U.S. State Prisons
Being a woman prisoner in U.S. state prisons can be a terrifying experience.
If you are sexually abused, you cannot escape from your abuser. Grievance
or investigatory procedures, where they exist, often do not work, and correctional
employees continue to engage in abuse because they believe they can get
away with it. Few people outside prison walls know what is going on or
care if they do know. Fewer still do anything to address the problem. “All
Too Familiar” reflects research into sexual abuse of women in prison conducted
from April 1994 to November 1996 in state prisons throughout the U.S. The
sexual misconduct documented in “All Too Familiar” takes many forms. Male
correctional employees vaginally, anally, and orally rape female prisoners
and sexually assault and abuse them. In committing such gross misconduct,
male employees not only use actual or threatened force, but also exploit
their ability to provide or deny goods and privileges to female prisoners
to secure sexual relations from them. In some instances, male officers
violate their most basic professional duty and engage in sexual contact
with female prisoners absent the use of force or offer of any material
exchange. Male officers use mandatory pat-frisks to grope women’s breasts,
buttocks, and vaginal areas, view them inappropriately while in a state
of undress, and engage in regular verbal degradation of female prisoners
that contributes to a custodial environment which is often highly sexualized
and excessively hostile. The United States has the dubious distinction
of incarcerating the largest known number of prisoners in the world. Since
1980, the number of women entering U.S. prisons has risen by almost 400
percent, roughly double the increase for males. Despite the growing number
of women at risk and its obligations under domestic and international law,
the U.S. government has largely abdicated its responsibility to guarantee
in any meaningful way that the women who are incarcerated in its state
prisons are not being sexually abused by those in authority over them.
View
the summary and recommendations of this report.
(1533) 12/96, 360 pp., ISBN 1-56432-153-3, $20.00/£14.95
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RACE
AND DRUG LAW ENFORCEMENT IN THE STATE OF GEORGIA
The impact of crime control policies on minorities is among the most
important, disturbing and contentious social issues facing the United States.
Overwhelming data establish the striking proportion of African-Americans
entangled in the criminal justice system—on any given day one in three
young black American males is either in prison or jail, on probation or
parole. Drug laws and enforcement policies are among the most important
causes of this national crisis. As one expert has noted, “Urban black Americans
have borne the brunt of the War on Drugs. They have been arrested, prosecuted,
convicted, and imprisoned at increasing rates since the early 1980s, and
grossly out of proportion to their numbers in the general population or
among drug users.” This report examines drug law enforcement in Georgia
in light of CERD and the requirement of non-discrimination, focussing primarily
on the years 1990 to 1995. (G804) 7/96, 21 pp., $3.00/£1.95
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MODERN
CAPITAL OF HUMAN RIGHTS?
Abuses in the State
of Georgia
When Atlanta set out to host the 1996 Summer Olympic Games, its application
stated that “for many,” the city is “the modern capital of human rights.”
In this report, one of a series on the U.S., we offer an assessment of
how Atlanta, and the state of Georgia, comply with international human
rights standards. We found that Atlanta police officers have used excessive
force, including unjustified shootings and severe beatings with impunity;
Georgia’s death penalty law has led to capital punishment primarily for
the poor and for African-Americans; drug laws are enforced disproportionately
against black drug offenders; state-run jails are overcrowded and physically
deteriorated, and local jail officials have neglected prisoners’ welfare;
women in prison suffer sexual harassment and intimidation, and sometimes
rape, at the hands of their guards; minors in state confinement face extremely
poor custodial conditions, are subjected to cruel restraints and punishment;
lesbians and gay men face hostility that ranges from harassment under the
state’s anti-“sodomy” law, to openly discriminatory firing of gay employees,
to verbal threats and physical attacks; and freedom of expression is undermined
by local school boards and state legislators.
(169X) 6/96, 208 pp., ISBN 1-56432-169-X, $15.00/£12.95
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Children
in Confinement in Louisiana
After visits to the four institutions that hold children committed
by the courts for delinquent activity and interviews with over 60 children
confined in the institutions, we concluded that children confined in the
long-term secure facilities in Louisiana are regularly physically abused
by guards and that there is no effective system for bringing these abuses
to the attention of the higher authorities. The conditions for these children
are punitive and there is little focus on treatment and assisting them
to successfully reintegrate into society. Children are kept in isolation
for long periods of time, are improperly restrained by handcuffs and are
often hungry. The state of Louisiana has one of the highest rates of incarceration
of children in the U.S. The conditions in which these children are confined
violate numerous international human rights standards including the United
Nations Convention on the Rights of the Child and the United Nations Rules
for the Protection of Juveniles Deprived of Their Liberty. As a result
of this report, in June 1996 the U.S. Department of Justice opened an official
investigation into conditions in four institutions in Louisiana.
(1592) 10/95, 152 pp., ISBN 1-56432-159-2, $10.00/£8.95
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U.S. Blinding Laser
Weapons
The U.S. has pursued the development of at least 10 different tactical
laser weapons that have the potential of blinding individuals. The existence
of most of these programs is not known to the American public, Congress,
or even throughout the military, and services responsible for laser weapons
seem largely unaware of the programs in research and development in other
services. The secrecy surrounding these weapons and the apparent lack of
oversight raises the question of whether international negotiations about
them have proceeded on an ill-informed basis. We call on all countries
to ban them and stop their development and deployment now.
(B705) 5/95, 16 pp., $3.00/£1.95
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CROSSING THE LINE
Human Rights Abuses
Along the U.S. Border with Mexico Persist Amid Climate of Impunity
U.S. Border Patrol agents are committing serious human rights violations,
including unjustified shootings, rapes and beatings, while enjoying virtual
impunity for their actions. In our third investigative report in as many
years (see B504 & 0758), we cite continuing violations despite assurances
received from the Immigration and Naturalization Service, following the
publication of our May 1993 report, that the agency would address one of
the worst police abuse problems in the country. Instead, the agency’s efforts
have been limited, misguided and ineffective, as evidenced by the alarming
number of new shootings and serious beatings we documented during the past
year.
(B704) 4/95 37 pp., $5.00/£2.95
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A World Leader in Executing
Juveniles
We oppose the imposition of the death penalty on all criminal offenders
in all circumstances because of its inherent cruelty, and, because an execution
is an irrevocable violation of the right to life, miscarriages of justice,
when they occur, can never be corrected. We also oppose the imposition
of the death penalty on offenders whose crimes were committed when they
were below the age of 18. The U.S. is a world leader in such executions
— 9 juvenile offenders have been executed in the U.S. since the death penalty
was reinstated in 1976 and executions of juvenile offenders are on the
rise — 4 of the 9 were executed during the last 6 months of 1993. In addition,
more juvenile offenders sit on death row in the U.S. than anywhere else.
(B702) 3/95, 22 pp., $3.00/£1.95
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DANGEROUS DIALOGUE REVISITED
Threats to Freedom of Expression Continue in Miami’s Cuban Exile Community
In 1992, we released a report (see B407) documenting instances of harassment
and intimidation against members of the Miami Cuban exile community who
expressed moderate political views regarding the government of Fidel Castro
or relations with Cuba. In addition to intimidation by private actors,
the report found significant responsibility by the U.S. government at all
levels. We have continued to monitor free expression in Miami and have
noted some improvements, particularly in the apparent diminution of direct
government involvement or complicity in repressive activities. Overall,
however, the atmosphere for unpopular political speech remains marked by
fear and danger, while government officials maintain a conspicuous silence.
(B614) 11/94, 9 pp., $3.00/£1.95
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BREACH OF TRUST
Physician Participation in
Executions in the United States
Despite an American Medical Association policy prohibiting participation
by physicians in capital punishment, doctors continue to be involved in
executions all across the United States. Indeed, of the thirty-six states
with death penalty laws, all but a few require that a physician be present
at executions. This report, undertaken jointly by the American College
of Physicians, Human Rights Watch, the National Coalition to Abolish the
Death Penalty and Physicians for Human Rights, provides new information
— based on a state-by-state survey and extensive interviews — about physician
involvement in U.S. executions, as well as legal and ethical analyses of
the issues involved. To keep the medical profession out of the death penalty,
the report calls for stricter new federal and state regulations.
(1258) 3/94, 88 pp., ISBN 1-56432-125-8, $7.00/£5.95
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Human Rights Violations in the U.S.
A Report on U.S. Compliance with the International Covenant on Civil
and Political Rights
Last year, the United States formally adopted the International Covenant
on Civil and Political Rights (ICCPR), undertaking a commitment to ensure
the covenant’s protections for “all individuals within its territory.”
As part of its obligation under the ICCPR, the U.S. will for the first
time submit a report about its own human rights record to a United Nations
committee that will evaluate U.S. compliance with international standards.
Measuring the U.S. human rights record is too important to be left to the
government alone, so the American Civil Liberties Union and Human Rights
Watch have prepared this report — the first of its kind — covering race
and sex discrimination, prisoners’ rights, police brutality, the death
penalty, immigration rights, language rights, religious liberty, and freedom
of expression. The report finds significant shortcomings in the U.S. record,
from the summary repatriation of Haitian boat people to the brutal treatment
of prisoners. In these and other cases, the ICCPR may offer greater protection
against rights abuses than current interpretation of U.S. law. The ACLU
and Human Rights Watch call on the Clinton Administration to take steps
to correct these abuses and make it possible to invoke the protections
of the covenant in U.S. court cases.
(1223) 1/94, 216 pp., ISBN 1-56432-122-3, $15.00/£12.95
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FRONTIER INJUSTICE
Human Rights Abuses Along the U.S. Border with Mexico Persist Amid
Climate of Impunity
A follow-up on human rights violations along the U.S. border with Mexico,
this report concludes that serious abuses by U.S. immigration law enforcement
agents continue and that current mechanisms intended to curtail abuses
and discipline officers are woefully inadequate.
(B504) 5/93, 46 pp., $3.00/£1.95
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BRUTALITY UNCHECKED
Human Rights Abuses Along the U.S. Border with Mexico
Examining human rights abuses committed by the Immigration and Naturalization
Service (INS) and its agents during the enforcement of U.S. immigration
laws in the four U.S. states that border Mexico, Americas Watch finds that
beatings, rough physical treatment, and racially motivated verbal abuse
are routine during arrests. Unjustified shootings, torture, and sexual
abuse, also occur. When investigations are done they are perfunctory, and
the offending agents escape punishment. Also documented are human rights
violations that commonly take place during work place and neighborhood
raids, violations that are prevalent in INS detention facilities, and violations
in which the INS arrests children.
(0748) 6/92, 88 pp., ISBN 1-56432-074-8, $7.00/£5.95
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Prison Conditions in the United States
The United States imprisons more than a million of its citizens at
any given time, a larger number than any other country. After visits to
more than twenty institutions in the U.S. and Puerto Rico, including state,
INS, and federal prisons as well as jails, Human Rights Watch concludes
that the most troubling aspect of the human rights situation in U.S. prisons
could be labelled “Marionization.” Thirty-six states have followed the
example of the maximum security federal prison in Marion, Illinois, to
create super maximum security institutions. The states have been quite
creative in designing their own “maxi-maxis” and in making the conditions
particularly difficult to bear, at times surpassing the original model.
As a result, inmates are essentially sentenced twice: once by the court,
to a certain period of imprisonment; and a second time, by the prison administration
to confinement in maxi-maxis under extremely harsh conditions and without
independent supervision. The increasing use of “prisons within prisons”
leads to numerous human rights abuses and frequent violations of the U.N.
Standard Minimum Rules for the Treatment of Prisoners.
(0464) 11/91, 120 pp., ISBN 1-56432-046-4, $10.00/£8.95
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(F307) The Supreme Court & Free Speech:
Two Decisions of 1990-91 Term Chip Away at First Amendment Protection,
10/91, 7 pp., $3.00/£1.95
(F306) SLAPPing Down Critics: Harassment
Libel Suits & Tort Actions Aim to Chill U.S. Citizen Activists, 9/91,
16 pp., $3.00/£1.95
(F305) Police Brutality in the U.S., 7/91,
16 pp., $3.00/£1.95
(F304) Secret Trials in America?: "Alien
Terrorist Removal," 6/91, 7 pp., $3.00/£1.95
(B306) Prison Conditions in Puerto Rico,
5/91, 11 pp., $3.00/£1.95
(F302) Managed News, Stifled Views: U.S.
Freedom of Expression & the War: An Update, 10 pp., 2/91
(F301) Freedom of Expression & the
War: Press & Speech Restrictions in the Gulf & F.B.I. Activity
in U.S. Raise First Amendment Issues, 1/91, 14 pp., $3.00/£1.95
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