¡¡¡¡II. On Human Rights Violations by Law Enforcement and Judicial Departments ¡¡¡¡

In the United States, human rights violations committed by law enforcement and judicial departments are common.

Police abuses are very serious. A Human Rights Watch report issued on Dec. 4, 2006 said that since the Sept. 11 attacks, the US Department of Justice has used the material witness warrant to imprison without charge at least 70 men. The Washington Post reported on Dec. 1, 2006 that citizen complaints filed with a review board about alleged New York Police Department abuses had increased by 60 percent from 2001 to 2005. Craig Futterman, a law professor of the University of Chicago who has studied the ChicagoPolice Department's handling of complaints against officers, said over the past five years, 662 out of 13,500 police officers in Chicago had been the subject of 10 or more complaints, and he saw "a picture of impunity within the Chicago Police Department. You have a small number of officers who perpetrate crimes who have absolute impunity." (The Chicago Tribune, November 29, 2006) In September 2006, four members of the Special Operations Section of the Chicago Police Department were arrested for allegations of a string of robberies, kidnappings and false arrests. But investigation showed that the police internal affairs division had been aware of numerous allegations against the officers for four years without taking disciplinary action against them. In November2006, two former inmates at Cook County Jail filed suit in federal court alleging that they were attacked by guards and severely beaten while they were handcuffed. Michael Mejia, one of the inmates, was handcuffed by guards, who then grabbed the back of his neck and slammed his head and face into the cement wall. The officers also stomped and kicked the inmates when they were handcuffed and lying on the floor. The two men later filed complaints, but the jail's internal affairs division decided not to investigate. (Ex-inmates Charge County Jail Beating. The Chicago Tribune, November 15, 2006) On Nov. 17, 2006, Mostafa Tabatabainejad, a 23-year-old senior of the UCLA, was stunned with a Taser by a campus police officer after he refused requests to show his ID card.( The Los Angeles Times, November 17, 2006) On the morning of Nov. 25, 2006, five officers from the New York Police Department fired 50 bullets at a car with three unarmed men inside after the car struck an unmarked police van. The car was struck by 21 bullets. One man in the car was killed and the other two were wounded.( The Associated Press, November 25, 2006) On Dec. 5, 2006, a Los Angeles police officer, Sean Joseph Meade, was caught on videotape applying a chokehold to a handcuffed 16-year-old boy inside the Central Division station. The officer's actions were recorded by a hidden camera that had been installed in the chair. (The Los Angeles Times, December 8, 2006)

Injustice of the judiciary is quite shocking. A yearlong investigation by The New York Times of New York State's town and village courts found a long trail of judicial abuses and errors. In some cases, defendants were sent to jail without a guilty plea or a trial, or tossed from their homes without a proper proceeding. (In Tiny Courts of N.Y., Abuses of Law and Power. The New York Times, September 25, 2006) The Associated Press reported on March 4, 2006 that nearly all records are being kept secret for more than 5,000 defendants who completed their journey through the federal courts from 2003 to 2005. The percentage of defendants who have reached verdicts and been sentenced but still have most of their records sealed rose from 1.1 percent in 2003 to 2.7 percent in 2005. Such cases showed that the US constitutional presumption for openness in the courts is not honored.

Frame-up and wrong cases can be widely found. The Los Angles Times reported in June 2006 that investigations and reviews by experts from the University of Michigan on 328 controversial criminal cases over the past 17 years found that all of them are frame-up or wrong cases. Based on that finding, experts estimated that currently there were tens of thousands innocent people jailed in the United States. A man in Chicago had been in prison since the mid 1990s after being convicted of raping a woman, and police turned down his repeated requests for DNA tests on the pretext of lack of evidence. In 2006, he was told that new DNA tests show that he was not the assailant. Following the Sept. 11 attacks in 2001, the Federal Bureau of Investigation and other government agencies have referred 6,472 individuals to prosecutors on terrorism-related charges. The Transactional Records Access Clearinghouse at Syracuse University said nearly three-quarters of terrorism suspects seized by the United States in the five years following the September 11 attacks have not even made it to trial because of lack of evidence against them. In 64 percent of the cases, federal prosecutors decided that they were not worth prosecuting, while an additional nine percent were either dismissed by judges or the individuals were found not guilty. (Agence France-Presse, September 4, 2006)

The United States has the world's largest number of prisoners. According to a report issued by the US Department of Justice on Nov. 30, 2006, by the end of 2005, nearly 2.2 million inmates were held in state and federal prisons or country and municipal jails. The adult US correctional population, including those on probation or parole, reached a high of more than seven million men and women for the first time. About three percent of the US adult population, or one in every 32 adults, were in the nation's prisons and jails or on probation or parole. Four states-Louisiana, Texas, Mississippi and Oklahoma-have incarceration rates of more than 650 per 100,000, with Louisiana soaring above all other states with the astonishing rate of 797. (US Addiction to Incarceration Puts 2.3 Million in Prison. Human Rights Watch, December 1, 2006) As a result, state prisons were operating between one percent under and 14 percent over capacity. The federal system was operating at 34 percent over capacity. (Agence France-Presse, November 30, 2006) According to a report of New York-based China Press on October 4, 2006, there were currently 173,000 people jailed in the prisons of California State, and 1,700 of them failed to have normal living conditions. In 33 prisons the number of inmates was more than twice the capacity. Some gymnasiums were changed into temporary shelters for prisoners and even churches were used temporarily for prisoners to sleep.

Abuses in US prisons are also common. The United States is the only country in the world that allows the use of police dogs to terrify prisoners. An investigative report by the Human Rights Watch said that five state prison systems in the United States, including Connecticut, Delaware, Iowa, South Dakota and Utah, permit the use of aggressive, unmuzzled dogs to terrify and even attack prisoners in efforts to remove them from their cells. Connecticut prisons were found to have used police dogs for nearly20 times to take on prisoners. In Iowa State, 63 such cases were reported from March 2005 to March 2006. A US government report, issued on Jan. 16, 2006, said that abuses of illegal immigrants happened in five prisons, which were negligent to illegal immigrants who went on hunger strike or committed suicide. The illegal immigrants were also provided with half-cooked food. (The Washington Post, January 17, 2007) It was reported that the Florida State Prison used chemical agents against prisoners 238 times in 2000, 285 times in 2001, 447 in 2002 and 611 in 2003 and 277 in 2004, which left 10 prisoners seriously injured and some with mental diseases. (www. Allhatnocattle.net, February 13, 2006)The United States has nearly 60 "super-security prisons", housing about 2,000 prisoners. The inmates are jailed in 6-square-meter wards, which are sound proof with lights and monitors on around the clock. Such prisons have left many prisoners with mental diseases. What's more, prisoners are often deprived of some basic rights. An editorial of The New York Times on July 31, 2006 said that the United States has the worst record in the "free world" when it comes to stripping convicted felons of the right to vote. In contrast, most European countries hold that right so dear that they bring ballot boxes into prisons.

Prisons become hotbeds of diseases and crimes. A report, issued by the US Department of Justice on Sept. 7, 2006, said that more than half of the inmates in US prisons suffered from mental problems. About 56 percent of inmates in state prisons, 64 percent in detention houses and 45 percent of federal prisoners had received treatment or shown symptoms of various mental diseases, including serious melancholia, mania and hallucination. More than 1.5 million inmates are released each year carrying life threatening contagious diseases. (Rising Prison Problems Begin to Trickle into Society. USA Today, June 12, 2006) Each year, approximately 7,000 Americans died in US prisons and jails. Some of these deaths are from natural causes, but many more result from mental disorders left undiagnosed and diseases left untreated. (Prison Death: A National Shame. The Baltimore Sun, December 6, 2006) A report published by the US Department of Justice in November 2006 showed that an estimated 37 percent of county and municipal jail inmates reported having a current medical problem other than a cold or virus in a national survey. During 2004, the number of confirmed AIDS cases in state and federal prisons increased from 5,944 to 6,027. The rate of confirmed AIDS cases instate and federal prisoners (50 per 10,000 prison inmates) was more than three times higher than in total US population (15 per10,000 persons). Suicides among inmates are rising. The USA TODAY reported on Dec. 28, 2006 that 41 inmates committed suicides in California in 2006. In Texas's prison system, there were 24 suicides. Texas prisons also reported 652 attempted suicides in 2006, an increase of 17 percent compared with the number in 2005.

Sexual assaults in US prisons are common. A report by the United Nations Committee Against Torture on May 19, 2006 said that at least 13 percent of inmates in US prisons had suffered from sexual assaults and many have suffered frequent sexual abuses. It estimated that nearly 200,000 inmates currently in prisons were or will become victims of sexual violence. The number of prisoners who had suffered sexual assaults over the past 20 years is likely to exceed one million.

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