CURE INTERNATIONAL CONFERENCE
ON HUMAN RIGHTS
AND PRISON REFORM

Evaluation Report for the United States of America

submitted to
the United States Permanent Representative to the United Nations
October 9, 2001


During CURE’s First International Conference on Criminal Justice, October 6-11, 2001, a number of U.N. human rights documents were reviewed by citizens from 28 countries. Each of those documents has some provisions that involve the criminal justice system. Representatives from each country evaluated the application of these documents in their own country. Those documents are listed below.

1. International Covenant on Economic, Social and Cultural Rights

2. International Covenant on Civil and Political Rights

3. Optional Protocol to the International Covenant on Civil and Political Rights

4. Second Optional Protocol to the International Covenant on Civil and Political Rights Aiming at the Abolition of the Death Penalty

5. International Convention on the Elimination of All Forms of Racial Discrimination

6. Convention on the Rights of the Child

7. Convention on the Elimination of All Forms of Discrimination Against Women

8. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

9. Declaration under Article 21 (UN Committee against Torture is recognized to consider inter-state complaints)

10. Declaration under Article 22 (UN Committee against Torture is recognized to consider individual complaints)


After two days of intensive discussion of issues relevant to these documents, the convention accepted a summary of the CURE position as follows:

  1. CURE endorses the principles of the Universal Declaration of Human Rights and the above cited U.N. human rights documents.

  2. CURE supports balanced and restorative justice, involving accountability, healing, and restoration, rather than the current very heavy emphasis on punishment and retribution.

  3. We see an overall worsening, in the United States, of universal justice, prison conditions, and adherence to United Nations’ goals for human rights of all peoples. This is in part due to misguided actions of the U.S. legislature and U.S. courts.

  4. CURE accordingly advocates the return of the United States to a position of leadership in the promotion of human rights for all, and further adherence to international law as specified in these documents.

The United States has ratified only four of these ten human rights documents, numbers 2, 5, 8, and 9.

This U.S. record of ratification is far worse than that of most countries in the world. Those not yet ratified by the U.S. are not legally binding in the U.S., but they are, nevertheless, international law and have moral and ethical standing. Below are the specific evaluations conducted by the citizens of the United States who were attendees at this international CURE conference.

Each relevant article in a human rights document is given a "USA Rating" for the compliance with the article in the USA, as either:

"SATISFACTORY" or " NOT SATISFACTORY"
and as
"IMPROVING" or "STABLE" or "WORSENING"

The evaluations are presented in ten parts as follows:

I. CORRECTIONAL HEALTH CARE ISSUES.

II. CRUEL, INHUMAN AND DEGRADING TREATMENT

III. CORRECTIONAL REHABILITATION.

IV. DEATH PENALTY.

V. TREATMENT OF CHILDREN.

VI. PROTECTION FROM ABUSE.

VII. UNIVERSAL SUFFRAGE.

VIII. EQUAL TREATMENT BY THE JUSTICE SYSTEM.

IX. FAMILY SUPPORT.

X. OTHER OBSERVATIONS.


I. CORRECTIONAL HEALTH CARE ISSUES:

A. §12.2.d of the International Covenant on Economic, Social and Cultural Rights states that States will achieve "The creation of conditions which would assure to all medical service and medical attention in the event of sickness."

USA RATING: NOT SATISFACTORY / WORSENING

Explanation. Investigations, lawsuits and researches have documented deficiencies in numerous facilities. These include: too few qualified medical, dental, psychiatric and pharmaceutical staff; failure to refer seriously ill inmates for treatment; delays in treatment or failure to deliver life-saving drugs; and grossly deficient treatment for the mentally ill. There is no 24 hour medical coverage in many facilities.

The federal prison system and many states are requiring that prisoners pay for their health care. This discourages many of the poorer prisoners from seeking the care they need, particularly preventive care. Health care is also being contracted to private corporations who have a strong economic interest in keeping costs low and denying access to more expensive treatment options.

The spread of contagious diseases in and from prisons is a major hazard to inmates and their home communities. Hepatitis C, HIV, tuberculosis, etc., are major problems in many of our prisons and often are not being treated as aggressively as they should be.

B. §12 of the Convention on the Elimination of All Forms of Discrimination against Women requires that "States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation."

USA RATING: NOT SATISFACTORY / WORSENING

Explanation. Security takes unnecessary precedence over meeting the needs of the pregnant and post-natal needs of mother and child. It is not unusual for a woman in labor to be shackled or otherwise secured to a bed. Few prisons have programs to allow a newborn child to remain with his or her mother for at least six months and preferably longer.

C. §7 of the Covenant on Civil and Political Rights states that "no one shall be subjected without his free consent to medical or scientific experimentation."

USA RATING: SATISFACTORY / STABLE

II. CRUEL, INHUMAN AND DEGRADING TREATMENT:

A. §7 of the Covenant on Civil and Political Rights states that "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. The cruel use of restraint devices, pepper spray, and electro-shock stun-belts are all too common, resulting in unnecessary pain or injury.

More and more prisoners are being confined in Control-Unit prisons or so-called Special Housing Units where they have 23-hour lockdowns, limited human contact, limited exercise, and limited stimulation. Prisoners have been confined in these units for months and years, and prolonged isolation can cause severe physical and psychological damage. Mentally ill prisoners are more likely than other inmates to end up in such units because of behavioral difficulties in prison, and lack of resources to treat them. Other prisoners develop mental illness while in the unit. Prison staff are often poorly trained and generally poorly supervised, leading to emotional and, occasionally, physical abuses.

Excessive punishments have resulted from the widespread use of mandatory minimums, which deprive judges of judicial discretion. America’s overly harsh drug laws have resulted in unnecessary confinement of tens of thousands of low-level, non-violent offenders. These imprisonments are disproportionately severe punishments. Such sentences, according to the Human Rights Watch, contravene the Universal Declaration of Human rights, the International Covenant on Civil and Political Rights, and the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

B. §10.1 of the Covenant on Civil and Political Rights states that, "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Reported sexual abuses by correctional staff include rape and other coerced sexual acts; staff routinely subjecting inmates to sexually offensive language; staff deliberately touching intimate parts of inmate’s bodies during searches; and staff watching inmates who are undressed. The employment of male staff to supervise female prisoners breaches international standards, which provide that male staff must not enter a prison set aside for women unless accompanied by a female officer, and that women prisoners must be attended and supervised only by women officers.

Prisons are often built far from population centers. Staff in such locations are often unfamiliar with the cultural background of the majority of prisoners, leading to a lack of understanding and respect for the prisoners. When visiting, family members and friends of prisoners are often treated with little respect.

Overcrowding of U.S. prisons has led to stressed staff, resulting in a rise of mental and sometimes physical abuse of prisoners.

C. §2.1 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction."

§16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture... when such acts are committed by or at the instigation of or with the consent of or acquiescence of a public official or other person acting in an official capacity."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Federal and state laws have, in some instances, severely restricted prisoner’s access to the courts to seek redress for ill treatment. Government funding for legal defense of indigents who have been abused has been repeatedly interrupted, making defense difficult if not impossible.

No branch of government at any level has taken adequate steps to stop abuses in control unit prisons. There have been some court rulings condemning the use of constraint devices, but there is no significant groundswell. There is very little effective oversight of prisons. Federal laws have made it difficult to sustain court oversight.

D. §4 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or punishment states that "Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture."

§5.b of the Convention on the Elimination of All Forms of Racial Discrimination requires, "The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Regarding the use of torture, the use of restraint devices, spray devices, and electro-shock devices is not illegal in the U.S. The inhumane isolation, sensory deprivation, minimum human contact, and related abuses in Control Units are not illegal.

E. §10 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment."

§11 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. The reviews of methods and practices within the criminal justice system are ineffective, primarily because there is limited or no review by authorities outside the system. Review and investigative bodies within the system are subject to the corrosive corruption of a perceived need for system stability. The creation of civilian review boards is an underused option in dealing with this problem.

Police, prosecutors, and others involved in the questioning of accused are not bound by anything more than Miranda rights, telling the suspect of his or her right to an attorney. In many jurisdictions, there are no rules for special accommodations for those with intellectual or emotional disabilities. Authorities can threaten and lie to the accused with impunity. Law enforcement should be held more accountable for abusive conduct.

Dialog in some counseling and therapeutic sessions in prisons can lead to new charges, in violation of confidentiality and preventing effective counseling.

F. §13 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. One reason for the prevalence of rape, sexual abuse, and other abuse in prisons is that victims are afraid to complain. There is widespread fear of retaliation and vulnerability, particularly among women who have been molested.

Since the grievance systems in many of our prison systems are arduous and ineffective, it is likely that abused prisoners will not receive adequate attention to their claims.

G. §14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. The intimidation referred to above, and the Prisoner Litigation Reform Act of 1995 are deterrents to complaint and possible compensation. Taking legal action to sue for redress is complicated and expensive, and is not something that many of the poor, ill educated, and marginalized persons who find their way to prison can handle. There is little in the way of funded support for such victims.

H. §15 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states that "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. More than ever before, police and prosecutors are able to use the threats of long prison terms and the death penalty to extract confessions or false testimony against others. Physical coercion is sometimes used. All persons subject to interrogation should have counsel present or be videotaped throughout the entire interrogation.

I. §37.a of the Convention on the Rights of the Child states that "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Children under 18 are subject to the death penalty and are being incarcerated with adults where they are targets for rape, extortion, and other abuses. Incarcerating a juvenile in a prison rather than a treatment facility is, in itself, a form of torture since we are exposing the child to terrible abuse and diminishing the chance for rehabilitation.

III. CORRECTIONAL REHABILITATION:

A. §10.3 of the Covenant on Civil and Political Rights states that, "The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. The correctional system has not made a priority of rehabilitation which would provide the incarcerated with the addiction treatment, psychological counseling, education, life skills, and job training which they need to become productive members of society. Most systems in this country have reduced or given up on rehabilitation.

There are not enough qualified staff to meet the needs. Despite the evidence that education can reduce recidivism rates, educational programs have been cut and post secondary levels of education have been virtually eliminated by the complete curtailment of Pell grants. There is limited or , in many instances, relatively obsolete vocational training. Overcrowding has led to idleness for many prisoners.

Interruptions of rehabilitative efforts are unnecessarily frequent, as transfers among facilities are often made without any consideration of the continuity needed for certain rehabilitation programs.

Federal statutes and policy in some states have gone so far as to indicate that rehabilitation is no longer a purpose of incarceration.

Parole and probation officers have become more like security staff with less time and emphasis on rehabilitation and reintegration.

Drug courts, mental health courts, and homeless courts are beginning to offer some hope for rehabilitation of offenders before they are sentenced to prison; however, these are often minimally available.

IV. DEATH PENALTY:

A. §6.2 of the Covenant on Civil and Political Rights states that, "In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime.... This penalty can only be carried out pursuant to a final judgment rendered by a competent court."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. There is increasing evidence that a significant number of those on death row were not afforded the protection of a competent court and competent defense. In many jurisdictions, we do not insist that the defense attorney have any experience, competence, or resources needed for capital litigation.

Many states continue to execute those with varying degrees of mental illness, particularly when the accused is suffering from mental retardation or extremely limited mental competence.

Race is an unfair aggravating factor in determining the death sentence. The likelihood of receiving a death sentence is much higher if the defendant is black.

The U.S. congress has been increasing the number of crimes that carry the death penalty instead of the opposite as in most of the civilized world community.

B. §6.5 of the Covenant on Civil and Political Rights states that, "Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Some states in the U.S. continue to execute citizens for crimes committed as juveniles. When the U.S. ratified the International Covenant on Civil and Political Rights (ICCPR) in 1992, it reserved the right to execute juvenile offenders. The UN Human Rights Committee has ruled that this reservation is incompatible with the object and purpose of ICCPR and is therefore void. Whenever the U.S. sentences a juvenile offender to death it is breaking international law.

V. TREATMENT OF CHILDREN:

A. §10.2.b of the Covenant on Civil and Political Rights states that, "Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication."

§10.3 of the Covenant on Civil and Political Rights states that, "Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status."

§37.c of the Convention on the Rights of the Child states that, "Every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Studies indicate that juveniles placed in adult jails and prisons are subject to more physical and sexual abuse, and the rate of juvenile suicides is much greater. While some U.S. facilities continue to isolate juveniles from adults, there is increasing pressure to adjudicate and punish children as adults. This leads to children being incarcerated in dangerous adult institutions.

Immigration and Naturalization Services (INS) routinely commingles children and adults.

B. §14.1 of the Covenant on Civil and Political Rights states that, "any judgment rendered in a criminal case... shall be made public except where the interest of juvenile persons otherwise requires..."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Adult court proceedings have long been public. Increasingly, juveniles are being adjudicated as adults, leading to public proceedings that sometimes border on media circuses, to the detriment of justice and the child.

C. §14.4 of the Covenant on Civil and Political Rights states that, "In the case of juvenile persons (charged with a criminal offense), the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. More and more, jurisdictions are waiving juveniles into adult courts and, upon conviction, are sentencing them as adults. Their vulnerability and immaturity are increasingly ignored, and their rehabilitation is increasingly jeopardized.

D. §2.2 of the Convention on the Rights of the Child states that, "States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. The INS decision to detain children apart from their parents is sometimes based on the immigration status or country of origin of their parents.

E. §12.2 of the Convention on the Rights of the Child states that, "the child shall... be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law."

USA RATING: SATISFACTORY / STABLE

F. §37.b of the Convention on the Rights of the Child states that, "No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Immigrant children should not be held in a detention facility separate from their parents.

G. §40.1 of the Convention on the Rights of the Child states that, "States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Alternatives to sentencing of juveniles to detention should be expanded. There is far too little in our criminal justice system that promotes recovery and reintegration back into the community. With children being treated more often as adults, there is even less consideration of the child’s needs for restoration and the development of a future constructive role in society.

H. §40.3 of the Convention on the Rights of the Child requires: a. The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;
b. Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. States are continuing to lower the age at which a child may be charged as an adult. Punishments for children have been steadily increased.

Alternative restorative justice practices (such as the federal government’s Balanced and Restorative Justice Program) have been slow in promotion and adoption, and weak in funding.

I. §40.4 of the Convention on the Rights of the Child states that, "A variety of dispositions, such as care, guidance and supervision orders; counseling; probation; foster care; education and vocational training programs and other alternatives to institutional care shall be available to ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offense."

§23.2 of the Convention on the Rights of the Child states that, " States parties recognize the right of the disabled child to special care and shall encourage and ensure the extension, subject to available resources, to the eligible child and those responsible for his or her care, of assistance for which application is made and which is appropriate to the child’s condition and to the circumstances of the parents or others caring for the child."

§23.3 of the Convention on the Rights of the Child states that, "Recognizing the special needs of a disabled child, assistance extended in accordance with paragraph 2 of the present article shall be provided free of charge, whenever possible, taking into account the financial resources of the parents or others caring for the child, and shall be designed to insure that the disabled child has effective access to and receives education, training, health care services, rehabilitation services, preparation for employment, and recreation opportunities in a manner conducive to the child’s achieving the fullest possible social integration and individual development, including his or her cultural and spiritual development."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Youth with learning disabilities or an emotional disturbance are arrested at higher rates than their non-disabled peers, and studies of incarcerated youth reveal that as many as 70 percent suffer from disabling conditions.

There is too little effort put into the assessment of the child’s disabilities and needs. Physical, mental and psychological disabilities are too often unnoticed and uncared for.

Especially when charged as an adult, there is too little consideration given to their circumstances, and too little commitment to counseling, special education, vocational training, or alternatives to institutional care.

The infrastructure needed to support quality juvenile correctional education programs is missing in many jurisdictions. Corrective education programs, with some exceptions, do not have the autonomy, administrative structure, or fiscal resources necessary to provide quality education for incarcerated youth, much less to meet the needs of disabled youth.

J. §37.d of the Convention on the Rights of the Child states that "Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. The underlying problems, deficiencies, and disabilities of the child are too often ignored. Especially when a child is tried and sentenced as an adult, there is little or no respect for the inherent nature of the child and the underlying needs of the individual.

VI. PROTECTION FROM ABUSE:

A. §9.1 of the Covenant on Civil and Political Rights states that, "No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of liberty except on such grounds and in accordance with such procedure as are established by law."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Racial profiling is an all-too common procedure in law enforcement.

Indefinite detention of immigrants and the use of secret evidence also violate this provision.

B. §9.2 of the Covenant on Civil and Political Rights states that, "Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him."

USA RATING: SATISFACTORY / STABLE

C. §9.3 of the Covenant on Civil and Political Rights states that, "Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and should occasion arise, for execution of the judgment."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. The system unfairly affects the poor, since they are generally unable to post the bond required for release. Many are without rehabilitative support systems upon release .

D. §9.4 of the Covenant on Civil and Political Rights states that, "Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful."

USA RATING: SATISFACTORY / STABLE

E. §9.5 of the Covenant on Civil and Political Rights states that, "Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. There is an inadequate system for compensating those who have been wrongfully detained, even when inappropriate behavior on the part of the police and/or prosecutors is fairly well established. Seeking reparations can be a lengthy and costly endeavor, which is beyond the capability of many. Gross neglect or criminality on the part of police or prosecutors can too often be ignored.

F. §10.2.a of the Covenant on Civil and Political Rights states that, "Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Arrestees (not-convicted persons) are routinely commingled with convicted persons in some local jails.

G. §11 of the Covenant on Civil and Political Rights states that, "No one shall be imprisoned merely on the ground of inability to fulfill a contractual obligation."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Persons are in prison for failure to pay legal judgments such as fines or family support.

H. §14.2 of the Covenant on Civil and Political Rights states that, "Everyone charged with a criminal offense shall have the right to be presumed innocent until proved guilty according to law."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. With excessive media coverage and sensationalism of crime, an accused can be associated with guilt long before the trial begins.

The court-appointed attorney system is often inadequate and poorly funded so defense attorneys haven’t the time or resources to organize for a full trial. They simply work to get the best plea bargain rather than work for a full defense.

I. §14.3 of the Covenant on Civil and Political Rights states that, "In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
a. To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
b. To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;
c. To be tried without undue delay;
d. To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
e. To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
f. To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
g. Not to be compelled to testify against himself or to confess guilt."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Adequate legal assistance is often not provided. The court-appointed attorneys are often under-qualified or so under-paid that they cannot afford to spend adequate time and resources in the case. Pre-sentencing investigation reports are often inadequate or ignored, and unknown to the defendant until the time of sentencing. Translation services are often inadequate.

J. §14.5 of the Covenant on Civil and Political Rights states that, "Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Recent federal laws have attempted to speed up and limit the appeals process for death penalty cases. This haste can lead to a less adequate defense and irrevocable injustice. Federal and state laws should better provide for a review of the facts in a case, as well as the legal issues.

K. §14.6 of the Covenant on Civil and Political Rights states that, ‘When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. There is an inadequate system for compensating those who have been wrongfully detained, even when inappropriate behavior on the part of the police and/or prosecutors is fairly well established. Seeking reparations can be a lengthy and costly endeavor, for which relatively few are capable. Gross negigence or criminality on the part of police or prosecutors is often ignored. The Innocence Protection Act should be passed.

L. §14.7 of the Covenant on Civil and Political Rights states that, "No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. There are instances where an individual was exonerated of state charges, only to face federal charges for the same offense.

Parole termination guidelines are violated, without substantial and legitimate reasons, even though the parolee has a record of good conduct.

Civil commitments (holding convicted sex offenders in institutions beyond their sentence) are unnecessary violations of civil rights when treatment and recognition of rehabilitation are inadequate.

Laws that monitor paroled sex offenders lead to harassment and vigilantism of the offender and his or her family.

M. §15 of the Covenant on Civil and Political Rights states that, "No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Retroactivity for less severe criminal laws has to be carefully defended, as laws are passed without this safeguard.

Also, new parole policy decisions can thwart the judgment of the courts which sentenced at an earlier time, with a different understanding of parole policies.

Retroactive immigration provisions or administrative notice and reporting provisions in reality amount to ex post facto laws and impose a heavier penalty.

VII. UNIVERSAL SUFFRAGE:

A. §25 of the Covenant on Civil and Political Rights states that, "Every citizen shall have the right and the opportunity:
a. To take part in the conduct of public affairs, directly or though freely chosen representatives;
b. To vote, and to be elected at genuine periodic elections which shall be universal and equal suffrage..."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. The right to vote has been taken from a significant part of the population, and particularly from minorities.

In 48 states and the District of Columbia, criminal disenfranchisement laws deny the vote to all convicted adults in prison. 32 states also disenfranchise felons on parole; 29 disenfranchise those on probation. In 12 states, even ex-offenders who have fully served their sentences remain barred for life from voting. 12

An estimated 4.2 million Americans, or one in fifty adults, have currently or permanently lost the ability to vote because of a felony conviction.

1.4 million persons disenfranchised for a felony conviction are ex-offenders who have completed their criminal sentence. Another 1.4 million of the disenfranchised are on probation or parole.

More than half of those who can’t vote are either black of latino.11

In states with the most restrictive voting laws, 40 percent of African American men are likely to be permanently disenfranchised.

VIII. EQUAL TREATMENT BY THE JUSTICE SYSTEM:

A. §14.1 of the Covenant on Civil and Political Rights states that, "All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. The judicial system strongly favors those with financial means. The poor and the mentally ill and the mentally retarded are often not provided with competent representation. Racial bias in the selection of criminal charges by police and prosecutors, and in jury selection are all too common.

B. §16 of the Covenant on Civil and Political Rights states that, "Everyone shall have the right to recognition everywhere as a person before the law."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Immigration detainees do not have the full rights of due process.

C. §26 of the Covenant on Civil and Political Rights states that, "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."

§5.a of the Convention on the Elimination of All Forms of Racial Discrimination requires, "The right to equal treatment before the tribunals and all other organs administering justice."

§15 of the Convention on Elimination of All Forms of Discrimination against Women states that, "States Parties shall accord to women equality with men before the law."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. In drug cases and death penalty cases, among others, there has been clear evidence of racial bias against African-Americans, Hispanics, and other minorities. Minority children are also more likely to be certified as adults in the judicial system.

The judicial system continues to favor those defendants with wealth and position.

Those with learning disabilities, the mentally ill, and the mentally retarded, who are less able to communicate and defend themselves, are relatively helpless under this system. Jails and prisons are forced to handle such disabilities and they are not competent to do so.

Immigrants are sometimes treated differently, without good cause, based on their country of origin.

D. §2.g of the Convention on Elimination of All Forms of Discrimination against Women calls on States to undertake "To repeal all national penal provisions which constitute discrimination against women."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. The judicial system has not adequately taken physical, psychological, and sexual abuse of women into account in determining mitigating factors of self defense.

Drug laws, dependent only on the weight of the drug, unfairly target women who are used (as couriers or unwilling associates) by male associates.

IX. FAMILY SUPPORT:

A. §9.3 of the Convention on the Rights of the Child states that, "States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child’s best interests."

USA RATING: NOT SATISFACTORY / STABLE
Explanation. Incarceration tends to destroy family relationships. If the child or parent is held in a prison, telephone contact may be non-existent or very costly. Visiting can be challenging since prisons are far from population centers, and visiting policies are often unfriendly.

Detention of minors by INS is not always in the least restrictive environment. This does not encourage relations with relatives.

We are seeing some attempts to lower the cost of phone calls. A recent federal court ruling may lead to friendlier visiting policies in a number of prison systems.

B. §9.4 of the Convention on the Rights of the Child states that, "Where (separation of child from parent(s)) results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned."

USA RATING: SATISFACTORY / STABLE

C. §17 of the Covenant on Civil and Political Rights states that, "No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence..."

USA RATING: NOT SATISFACTORY / WORSENING
Explanation. Prisoner contact with family is often jeopardized by unnecessarily high costs of phone calls and unfriendly visiting policies. Distance between the family home and prison locations often prohibits visitation. Invasive body searches are sometimes arbitrarily imposed on visitors.

Some states are beginning to address the high cost of the phone calls. A recent federal court ruling is expected to improve visiting conditions in some prison systems. At the same time, the Federal Bureau of Prisons recently implemented a backward policy to restrict prisoner access to family by limiting the phone privileges on a monthly basis.

X. Other Observations.

Having a law in place does not guarantee the full, equal and non-discriminatory application of the law. The persons responsible for government, law enforcement, and judicial matters still bring and operate with personal biases and prejudices.

We can no longer afford the self-policing policies that have been used for so long. They simply do not work.

With the advent of more civilian oversight committees, some of the abuses can be curtailed.

See also: Justice Charter A charter to start a major reform program in NYS.

Let your voice be heard. See the Action Page

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