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August 21, 2014

Fernando Ribeiro Delgado Discusses Criminal Code Reform in Brazilian Media

Posted by Cara Solomon

One of Brazil’s biggest daily newspapers quoted Clinical Instructor Fernando Ribeiro Delgado this past Sunday in an in-depth cover story on criminal code reform. The article in the Folha de São Paulo presents perspectives on a proposal gaining steam before congress that would harden criminal sentencing and close off several avenues for early release.

Brazilmedia

In a front page article in one of Brazil’s leading newspapers, Fernando Ribeiro Delgado is quoted on the topic of criminal code reform.

Delgado warns that Brazil is “following the path of failed crime policies,” drawing reference to U.S. “war on crime” laws that produced skyrocketing incarceration rates, a comparison he discusses further in a companion piece that ran in the Folha the same day.  Delgado points to one prison in particular, Aníbal Bruno, as “a symbol of the catastrophe of mass incarceration underway in Brazil.”  Though officially designed to detain some 1500 men, Aníbal Bruno Prison now commonly holds over 6000.

The Folha piece has an entire subsection based on a 2013 brief co-authored by the Clinic in the Aníbal Bruno Prison case, which is currently before the Inter-American Court of Human Rights.

The Clinic has been working for the past four years with a civil society coalition in Brazil to push for widespread reform in Aníbal Bruno Prison and beyond.  This past May, the Inter-American Court issued its first legally binding resolution in the Aníbal Bruno case, ordering Brazil to take provisional measures to protect the life, personal integrity, and health of all persons at the prison. The order also mandates steps to reduce over-crowding and end the routine practice of strip searching family visitors at the notorious pre-trial detention center.  The coalition is currently focusing efforts on monitoring the implementation of the order.  A first set of periodic reports are due to the Court in the coming months, and a meeting between the parties and state agencies is scheduled for August 28 in Recife, Pernambuco, Brazil.

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August 20, 2014

HRP Alumni in the News

Posted by Cara Solomon

We use all kinds of strategies here at the International Human Rights Clinic to push for change. Litigation. Treaty negotiation. Documentation and reporting.

As Communications Coordinator, I’ve always been partial to advocacy. Media advocacy, to be more precise. This summer, our alumni are putting it to great use in outlets all over the world.

On Monday, The Huffington Post ran a column by Nicolette Boehland, JD ’13, a Satter fellow with the Center for Civilians in Conflict (CIVIC), documenting the devastating toll the conflict in Gaza is taking on civilians. For the column, Nicolette spoke by phone with Gazans she met last year while researching civilian perspectives on involvement, status, and risk in armed conflict, including in Libya, Bosnia, and Somalia.

In “No Safe Place in Gaza,” she writes:

A young woman described the crippling fear she had experienced over the last four weeks: “The worst of all is the night time,” she said. “There is no power, no electricity, and there are tens of drones in the sky. Whenever you hear a rocket, you think it’s targeting your house. You are running from one room to another. I know this is silly — if your house is hit, it won’t matter which room you were in.”

Each night, her family of six gathered on mattresses that they had pulled together in the middle of the living room, “far away from the windows, so that they don’t break,” she said. This way, if their house was hit, the whole family would be killed together. “We don’t want one of the family to survive and then have to grieve for the rest of us,” she said.

At the end of the column, Nicolette lists several strategies the Israeli government and Hamas could use to limit civilian suffering.

Closer to home, as police in combat gear clashed last week with protesters in Ferguson, MO, Sara Zampierin, JD ’11, a staff attorney with the Southern Poverty Law Center, was quoted in a New Yorker article, “The Economics of Police Militarization.” The article attributed some of the tension in Ferguson to the underlying problem of “criminal justice debt,” which can often pit law enforcement against residents.

Now, across much of America, what starts as a simple speeding ticket can, if you’re too poor to pay, mushroom into an insurmountable debt, padded by probation fees and, if you don’t appear in court, by warrant fees…What happens when people fall behind on their payments? Often, police show up at their doorsteps and take them to jail.

From there, the snowball rolls. “Going to jail has huge impacts on people at the edge of poverty,” Sara Zampierin, of the Southern Poverty Law Center, told me. “They lose their job, they lose custody of their kids, they get behind on their home-foreclosure payments,” the sum total of which, she said, is “devastating.” While in prison, “user fees” often accumulate, so that, even after you leave, you’re not quite free.

And earlier this summer, Clara Long, JD ’12, an immigration and border policy researcher with Human Rights Watch, waded into the heated debate over the surge of migration at the southeastern US border. In an Op-Ed she co-authored for The Guardian, Clara railed against the Obama administration’s plans to open more family detention centers. The headline read: “Obama pledged to limit the practice of detaining minors. What happened?”

It appears that the White House has come to view being “thoughtful and humane” as a political liability. The new move to ramp up family detention comes in response to criticism that the administration’s lax immigration enforcement “created a powerful incentive for children to cross into the United States illegally”, as Senator John Cornyn of Texas put it last week.

Obama’s move is all the more disappointing because effective alternatives to detention exist and are used in countries facing similar migration surges. Countries like Italy and Malta, prime entrances for migrants to the EU, have open reception facilities where migrant and asylum-seeking families can come and go at will – and Malta pledged to end immigration detention of children altogether in 2014. Though neither country has a spotless record – Italy summarily returns to Greece some unaccompanied migrant children and Malta sometimes detains unaccompanied migrant kids while authorities try to figure out their ages – their examples show that detaining kids with families is a choice, not a necessity.

Clara wrote another column for The Guardian on border removals in April.

In response to this flurry of activity, we at HRP have just two things to say: Thank you. And well done.

August 11, 2014

Clinic Files Proposed Amended Complaint in the Apartheid Litigation

Posted by Susan Farbstein and Tyler Giannini

Last Friday, the International Human Rights Clinic filed a proposed amended complaint in the Apartheid Litigation against two defendants, Ford and IBM.

The amended complaint demonstrates how the claims “touch and concern” the United States as required by the Supreme Court’s Kiobel decision, as well as how the Defendants acted with the purpose to aid and abet the South African government’s violations of international law, as required by the Second Circuit’s Talisman decision. In particular, the complaint alleges that, through policies and decisions made in the United States, Defendant Ford directed and controlled the sale of specialized vehicles to the South African security forces to suppress the black population, while Defendant IBM created and maintained an identity card system to denationalize the black population.

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