Blog: Criminal Justice
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December 19, 2017
Congratulations to Emily Keehn, Associate Director of HRP’s Academic Program, whose work at the pioneering human rights organization, Sonke Gender Justice, in South Africa, recently won the “Investing in Future Health Award” from the Mail and Guardian and Southern Africa Trust. The Investing in the Future Awards recognize organizations that contribute to the future of South Africa.
As head of policy development and advocacy at Sonke, Emily led a team that tracked complaints of severe overcrowding at Pollsmoor Remand Facility; developed litigation with Lawyers for Human Rights that challenged inhumane conditions at the facility and resulted in a drop in overcrowding from 300% to 150%; and launched a campaign to encourage judges to conduct independent inspections of prisons across the country.
Sonke’s work in prisons aims to address the epidemics of HIV and TB and sexual abuse in prisons. These are driven by toxic gender norms and behaviors, as well as structural factors such as extreme overcrowding, poor ventilation, inadequate access to medical services, and other human rights abuses against people in prison.
Emily continues to work on criminal justice issues at HRP, most recently by helping to organize the successful two-day conference, “Behind Bars: Ethics and Human Rights in U.S. Prisons,” which HRP co-sponsored with the Center for Bioethics at Harvard Medical School and the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics. Earlier this semester, she was a panelist at an event about decriminalization and human rights, which you can view here.
November 29, 2017
November 30- December 1, 2017
“Behind Bars: Ethics and Human Rights in U.S. Prisons”
A conference organized by the Human Rights Program, the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics and the Harvard Medical School Center for Bioethics
Harvard Medical School campus
The United States leads the world in incarceration. The “War on Drugs” and prioritizing punishment over rehabilitation has led to mass imprisonment, mainly of the nation’s most vulnerable populations: people of color, the economically disadvantaged and under-educated, and those suffering from mental illness. Although these social disparities are striking, the health discrepancies are even more pronounced. What can be done to address this health and human rights crisis?
This conference will examine various aspects of human rights and health issues in our prisons. In collaboration with educators, health professionals, and those involved in the criminal justice system—including former inmates, advocates, and law enforcement—the conference will clarify the issues, explore possible policy and educational responses, and establish avenues for action.
November 8, 2017
Thursday, November 9, 2017
“Decriminalization and Human Rights”
A panel discussion
12:00 – 1:00 p.m.
Lunch will be served.
Many ongoing debates address whether certain criminal offences should be decriminalized, from the use and possession of drugs, to homeless people sleeping in public spaces. This panel will explore how International Human Rights Law fits into the discussion. Panelists will examine the jurisprudence on decriminalization at the U.N. human rights bodies, offer legal philosophical perspectives, and consider critical issues in this arena like the criminalization of poverty.
Panelists include Carol Steiker, Henry J. Friendly Professor of Law and Faculty Co-Director of the Criminal Justice Policy Program at HLS; Douglas Husak, Professor of Philosophy and Law, Rutgers University; and Emily Nagisa Keehn, Associate Director, Academic Program of the Human Rights Program at HLS. The panel will be moderated by Gerald Neuman, Co-Director the Human Rights Program and J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at HLS.
This event is co-sponsored by the Human Rights Program and the Criminal Justice Policy Program at HLS.
October 31, 2017
Tomorrow, Nov. 1: Conversation with Dr. Agnès Callamard, UN Special Rapporteur on extrajudicial, summary or arbitrary executions
Wednesday, November 1, 2017
A conversation with Dr. Agnès Callamard, UN Special Rapporteur on extrajudicial, summary or arbitrary executions
12:00- 1:00 p.m.
Please join us for a talk by Dr. Agnès Callamard, United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, who will discuss her recent report on a gender-sensitive approach to the topic of arbitrary killings. In addition to Dr. Callamard’s mandate from the United Nations, she is the director of Columbia University’s Global Freedom of Expression initiative. Previously, she was the Executive Director of Article 19, the founder of the Humanitarian Accountability Partnership, and the Chef de Cabinet for the Secretary General of Amnesty International.
May 18, 2017
Clinic and partners call on ICC to investigate role of Chiquita executives in contributing to crimes against humanity
Human Rights Coalition Calls on ICC to Investigate Role of Chiquita Executives in Contributing to Crimes against Humanity
Communities in Colombia Seek Accountability after two decades of impunity
Bogota, Colombia, May 18, 2017 – Today, on behalf of affected Colombian communities, a coalition of human rights groups called on the Prosecutor of the International Criminal Court (ICC) to investigate the complicity of executives at Chiquita Brands International in crimes against humanity. To date, no executive has been held to account despite the company’s admission that it funneled millions of dollars to Colombian paramilitaries that killed, raped, and disappeared civilians. If the ICC takes up the case, it would be the first time it moved against corporate executives for assisting such crimes.
In their submission to the court, the coalition of local and international human rights groups traces the executives’ involvement with payments made to the paramilitaries between 1997 and 2004. Even after outside counsel and the U.S. Department of Justice said such payments were illegal under U.S. law, the payments continued. The submission includes a confidential, sealed appendix that identifies by name fourteen senior executives, officers, and board members of Chiquita who the coalition argues should be the focus of the Prosecutor’s investigation.
The coalition, which consists of the International Human Rights Clinic at Harvard Law School, the International Federation for Human Rights (FIDH), and the Corporación Colectivo de Abogados José Alvear Restrepo (CAJAR), relied on internal Chiquita documents and assistance from the National Security Archive at George Washington University to identify the Chiquita officials and show how they were involved with the crimes.
“The executives who oversaw the funding of paramilitaries should not be able to sit comfortably in their houses in the United States as if they did nothing wrong,” said a member of the Peace Community of San José de Apartado, which submitted a letter to the ICC about how the paramilitary violence personally affected them. “Families across Colombia have been waiting for accountability for too long.”
Chiquita could have acted differently, or could have left the country years before it did, but instead decided to continue its lucrative business while paying paramilitaries for so-called ‘security’ in the banana-growing regions. By 2003, Chiquita’s subsidiary in Colombia was its most profitable banana operation in the world.
“At the time, Colombian paramilitaries were notorious for targeting civilians, among them banana workers and community leaders,” said CAJAR, “but Chiquita’s executives decided to continue giving money to paramilitaries anyway.”
The Chiquita corporation already pled guilty in a U.S. federal court in 2007 to illegally funding Colombian paramilitaries. But accountability for the executives who oversaw and authorized the payment scheme has been elusive: while civil litigation is pending in U.S. courts against Chiquita executives, no criminal prosecution is on the horizon. Colombia has not been able to get jurisdiction over them, and there is no indication that the United States would extradite the executives.
“We request that the ICC expands its current inquiry in Colombia to specifically include Chiquita’s executives and officials,” said Dimitris Christopoulos, the President of FIDH. “The weight of the evidence should lead the Office of the Prosecutor to act if Colombian authorities are not able to.”
If Colombian authorities do not move ahead with this case, the submission asks the Prosecutor to request formal authorization from its Pre-Trial Chamber to open an investigation into Chiquita’s corporate executives.
The communication comes at a critical time in Colombia, as the country begins to implement an historic peace agreement after nearly half a century of conflict. The coalition’s submission urges the Office of the Prosecutor to monitor local Colombian proceedings to ensure its meets ICC standards, particularly with regards to the private sector support for the paramilitaries and business’ accountability.
“In times of transition to peace, corporate actors too often escape accountability for their egregious behavior in the past,” said Professor Tyler Giannini, a Director of the International Human Rights Clinic at Harvard Law School. “The prosecution of Chiquita officials for their payments to the paramilitaries would send a powerful message that impunity is no longer business as usual.”
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For media inquiries:
Tyler Giannini (English), Director of the International Human Rights Clinic at Harvard Law School +1 617 669 2340
Dimitris Christopoulos (English, French Greek), FIDH President : + 33 6 75 76 69 32
Jimena Reyes (Spanish, French, English) – FIDH Americas Desk director : +32 493 61 72 64 (firstname.lastname@example.org)
Sebastián Escobar, CAJAR: +57 3143776026
February 6, 2017
Fernando Ribeiro Delgado, Former Senior Clinical Instructor, Becomes Scholar in Residence at NYU Law
Posted by Cara Solomon
As the spring semester gets underway at HRP, we’re already missing the fellowship and expertise of one of our colleagues: Fernando Ribeiro Delgado, JD ’08, Senior Clinical Instructor and Lecturer on Law, is now a Scholar in Residence at New York University School of Law.
Simply put, this is a big loss for us. Fernando is an expert on criminal justice in Brazil, which has one of the world’s worst records on mass incarceration. His clinical work went wide and deep; his teams used strategies ranging from litigation to fact-finding to negotiating with government officials to launching media campaigns.
Beyond the rigor and innovation that was the hallmark of Fernando’s work, there was another distinguishing factor: it was always collaborative. Throughout his seven years at the Clinic, he worked closely with local partners whom he considered not just colleagues but mentors: Justiça Global, Serviço Ecumênico de Militância nas Prisões, Pastoral Carcerária, and Comissão Justiça e Paz. He also nurtured relationships with prisoners’ families, corrections officials, and members of the media.
Most importantly, as described in the Harvard Law Bulletin last year, Fernando treated people who were incarcerated the way he treated everyone else: with kindness.
At NYU, Fernando will explore the link between state violence and corruption, a link he first documented with Justiça Global in the high-profile, book-length report, “São Paulo under Extortion: Corruption, Organized Crime, and Institutional Violence in May 2006.” That joint report, the culmination of a five-year investigation, explored the role of corruption in a series of coordinated uprisings in detention centers and attacks on police and public buildings that left 43 state officials and hundreds of civilians dead. The report also documented the wave of reprisal attacks by police, including extrajudicial killings of people they suspected of having arrest records—in many cases profiling victims’ youth, skin color, tattoos and presence on the streets of a poor neighborhood at night.
During his time in the Clinic, Fernando tackled a range of criminal justice issues in Brazil. His clinical team contributed comparative and international law research to a workshop that culminated with federal prosecutors filing the first-ever criminal charges for dictatorship-era human rights crimes. A case he argued before the Inter-American Court of Human Rights (the Court) led to an investigation into juvenile justice system abuses, one which ultimately brought down an alleged corruption ring at the highest levels of state government.
He spent the great majority of his time, though, addressing rampant over-incarceration and abuse in prisons. Continue Reading…
December 21, 2016
Posted by Fernando Ribeiro Delgado
Inter-American Court of Human Rights Critiques “Over-Incarceration” and Prison Building in Brazil
Landmark Aníbal Bruno (Curado) Prison Complex Rulings Also Innovate on Rights of LGBT Prisoners; Prisoners with Disabilities; and Anti-Corruption Measures
Sounding the alarm on mass incarceration, the Inter-American Court of Human Rights recently ordered officials in Brazil to adopt an emergency plan to reduce overcrowding at the abusive Aníbal Bruno (Curado) Prison Complex in Recife, Pernambuco. Noting that it “shared the concern expressed by several Brazilian authorities…with respect to the tendency toward ‘over-incarceration’ [‘super encarceramento’] witnessed over the past decade throughout the country, and with particular intensity in Pernambuco,” the Court also demanded other measures that can promote decarceration. These include the hiring of public defenders and the listing of the legal grounds for the detention of each prisoner at the Complex.
Currently, the Complex holds some 7,000 men in space designated for less than 2,000. The Court gave the state 90 days to comply, with Brazil’s federal prosecutor’s office (Ministério Público Federal – MPF) tapped to monitor implementation.
The ruling marks a major advance for the civil society petitioning coalition comprised of the Serviço Ecumênico de Militância nas Prisões – SEMPRI, Pastoral Carcerária, Justiça Global, and the International Human Rights Clinic. For years, the coalition has urged authorities to redress overcrowding through decarceration measures. Brazil today has the world’s fourth largest prison population, with over 600,000 detained. In its resolution, the Court warned that “until the tendency [toward over-incarceration] is reversed,” state policies promoting prison construction “will not be sufficient” to deal with the problem.
There is growing recognition in Brazil that its turn toward mass incarceration is unwise and unsustainable. Earlier this year the head of Brazil’s federal penitentiary department (Departamento Penitenciário Federal – DEPEN) declared, “incarceration does not reduce criminality.” Over the past 25 years, the country has seen a 575 percent increase in the prison population.
The Court’s decision also innovated on other legal issues. Pointing to a wave of sexual violence and other abuses against LGBT persons at the prison Complex, the Court ordered the state to “adopt specific measures to protect the personal integrity and life of groups in situations of vulnerability.” Other novel points of the decision include measures protecting the rights of prisoners with disabilities and a demand for evidence demonstrating the existence of judicial oversight of the prison. Continue Reading…
November 15, 2016
“The Future of the Inter-American System”
12:00- 1:00 p.m.
Please join us for a discussion with James Cavallaro, President of the Inter-American Commission on Human Rights, and Professor of Law at Stanford Law School, where he is the Founding Director of the International Human Rights and Conflict Resolution Clinic and the Stanford Human Rights Center. Cavallaro was formerly the Executive Director of the Human Rights Program and Clinical Professor at Harvard Law School. He is also the founder of the Global Justice Center, a leading Brazilian human rights NGO.
October 27, 2016
Criminal Justice Reform in Pakistan: A Case Study
2:00 – 1:00 p.m.
Please join us for a lunchtime discussion with Professor Osama Siddique, Henry J. Steiner Visiting Professor in Human Rights, on the human rights implications of criminal justice system reform in Pakistan. In most developing countries, criminal justice reform is driven by internationally-funded efforts, which often cut out critical local actors. In Pakistan, members of the justice sector are engaged in complex and meaningful dialogue that has influenced the process and content of criminal justice reform to more sustainable effect. Professor Siddique examines Pakistan’s cutting-edge effort and considers what lessons can be drawn from it for other countries.
September 14, 2016
“U.S. Law and Policy on Transitional Justice”
A book talk by Zachary D. Kaufman
Please join us for a discussion with Zachary D. Kaufman about his new book, United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics (Oxford University Press, 2016), which explores the U.S. government’s support for, or opposition to, certain transitional justice institutions. Dr. Kaufman, a senior fellow at the Kennedy School, presents an overview of possible responses to atrocities (such as war crimes tribunals), then evaluates why and how the U.S. has pursued particular transitional justice options since World War II.
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