Tag Archives: Detention

Los Desaprecidos: Enforced disappearances, a crime without end

“Many of the victims were so weak from torture and detention that they had to be helped aboard the plane. Once in flight, they were injected with a sedative by an Argentine Navy doctor before two officers stripped them and shoved them to their deaths. […] He estimated that the navy conducted the flights every Wednesday for two years, 1977 and 1978, and that 1,500 to 2,000 people were killed. ” (New York Times, 1995)

Today is International Day of the Disappeared, marking the tens or hundreds of people who have been abducted or killed and whose fates remain unknown. Enforced disappearances, forcible disappearances, or desaparecidos in Latin America –  where the concept first rose to prominence – refers to (in Article 2)

the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Enforced disappearances were a substantial feature of the Latin American dirty wars, with estimates of over 16,000 people disappeared in Peru, an estimated  30,000  in Argentina45,000 in Guatemala during the violence of the 1980s and 1990s, and estimates of 15,000 to 109,000 disappeared in Colombia. And it’s not just in Latin America; according to the International Centre for Transitional Justice,

In the case of Argentina,

The pattern was similar for those arrested. Many were taken from their homes in the middle of the night, tortured at clandestine detention centres and then disposed of. After years of investigations, it is thought that some bodies were destroyed with dynamite and others buried in unknown common graves, but the majority were thrown from planes into the Atlantic Ocean.

In addition, women who were pregnant were often forcibly separated from their children, with those children being given to military families for adoption. In Syria, “More than 65,000 people, most of them civilians, were forcibly disappeared between March 2011 and August 2015 and remained missing, Amnesty said, citing figures from the Syrian Network for Human Rights, a Syria-based monitoring group.”

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Enforced disappearance is like a kidnapping or extrajudicial detention, and likely also torture and/or extrajudicial execution, but it has the features of being committed by State agents or with their acquiescence, and a denial of the whereabouts or the fate of the person concerned.  It’s not like the situation of persons missing during armed conflict or natural disaster, because the person was generally deliberately abducted by authorities who then refuse to acknowledge having the individuals. It’s its own crime, not just kidnapping, torture or killing, even if all of these things also happened.

Enforced disappearances are particularly horrific because the circumstances of the person remain unknown. And the crime continues – with both the disappeared individual as well as his or her family – for as long as there is no resolution. An enforced disappearance not only removes (percieved) political opponents, it avoids the evidence and the witnesses and the international outcry, as a tool to create a climate of terror among family members or other activists, who may be forced to bribe middlemen for information out of fear of approaching the State authorities directly.

‘Detainees were squeezed into overcrowded, dirty cells where disease was rampant and medical treatment unavailable, Amnesty said, while those imprisoned suffered torture through methods such as electric shocks, whipping, suspension, burning and rape. “People would die and then be replaced,” Salam Othman, who was forcibly disappeared from 2011 to 2014, was quoted as saying in the report. “I did not leave the cell for the whole three years, not once … Many people became hysterical and lost their minds.”’

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On the human rights law side,  enforced disappearances constitute “a multiple human rights violation.” They violate the right to life, the prohibition on torture and cruel, inhuman, and degrading treatment, the right to liberty and security of the person, and the right to a fair and public trial. These rights are set out in the ICCPR and the Convention against Torture. There is even a UN Declaration on Enforced Disappearances, an Inter-American Convention on Forced Disappearance of Persons  and the International Convention for the Protection of All Persons from Enforced Disappearance.

A widespread or systematic pattern of enforced disappearances constitutes a crime against humanity according to the Rome Statute of the International Criminal Court (ICC), which provides that enforced disappearances are a crime against humanity “when committed as a part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” In some circumstances, enforced disappearances may also constitute a war crime:  The Geneva Conventions also stipulate that persons taken into custody (combatants or otherwise) must not be murdered or executed without trial, must have due process.

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See also:

Offshore Justice: could Australia end up at the ICC for abusing asylum-seekers? | Justice Hub

“This isn’t the first time that it has been suggested that the ICC examine allegations of abuses against asylum-seekers in Australian detention facilities. In 2014, Andrew Wilkie, an independent member of parliament, insisted that the Australian government was committing crimes against humanity against asylum-seekers and requested that the ICC investigate. Wilkie argued that the Australian government was guilty of imprisonment and other severe deprivations of physical liberty in violation of fundamental rules of international law; deportation and other forcible transfer of population; and other international acts causing great suffering, or serious injury to body and mental and physical health.”

See the whole article here.

And see the documentary:

The plot thickens: Australia to close Manus Island centre; staff demanding end to offshore detention; Australia doesn’t bother to investigate any of the Nauru files before declaring them bunk

After the PNG supreme court ruled in April that the detention centre was “illegal and unconstitutional”, we have been waiting with bated breath to see what convoluted legal explanation Australia will find in order to keep avoiding their responsibilities under national and international law. This week, after the leak of over  2,000 incident reports detailing systemic physical and sexual abuses, humiliating treatment and harsh conditions, and widespread self-harm and suicide attempts on Nauru, the Australian Minister for Immigration, Peter Dutton, and the President of Nauru have decided, respectively, that the reports were only “hype” or “cooked up” the reports just to discredit them. Of course, the standard institutional response to allegations of abuse, exploitation, or assault, particularly when perpetrated by one’s own officials, is to claim that the victim is lying and the allegations are baseless. And the fact that the official response notes that, “Many of the incident reports reflect unconfirmed allegations or uncorroborated statements and claims – they are not statements of proven fact. The Australian government continues to support the Nauruan government to provide for the health, welfare and safety of all transferees and refugees in Nauru.” Although advocates dispute the characterization as “unconfirmed allegations,” the government response does highlight one salient point: that there was no effort to investigate or substantiate these allegations. Except when they want to file charges against someone for attempting suicide, like the Iranian asylum-seeker was criminally charged and ordered to pay $165 for attempting suicide (suicide and homosexuality were legalized a month later, in May 2016).

Dutton also accused asylum seekers of committing acts of self-immolation in order to get to Australia. He does not seem to take the point that people prefer to burn to death than to stay in indefinite detention as an indication that the situation is inhumane.

Now, more than 100 former employees from Australia’s offshore detention centres have called for asylum seekers to be brought to the mainland rather than sweeping it all under the rug with yet another inquiry. (see the full list). This, in a context where they might face criminal charges by Australia for speaking up. Their voices join over 1,800 academics and dozens of  human rights, legal, religious and medical groups that have demanded the Australian government put a stop to the suffering of asylum seekers and refugees in its offshore processing regime.

There is some good news:,according to the PNG govenment (later backed up by the Australian government), Australia has agreed to close the controversial asylum seeker detention centre in Papua New Guinea (PNG) declared unconstitutional earlier this year.As described by the Guardian,

The Manus Island detention centre has had a troubled existence since being reopened in 2012. In 2014 three days of unrest and an invasion of the detention centre by PNG police and others saw more than 60 asylum seekers seriously injured. One man was shot, another had his throat slit and 23-year-old Reza Barati was murdered by guards who beat him with a nail studded piece of wood, and kicked and dropped a rock on his head. PNG’s supreme court heard up to 15 expatriate and local guards killed Barati. Two local men were convicted of his murder this year.

The detention centre has also been plagued by consistent allegations of abuse and privation. Rape, physical and sexual assault and drug abuse are common, the centre’s water supply has failed, and detainees are fed expired food. Suicide attempts and acts of self-harm are common, and some men have alleged they have been beaten and tortured in solitary confinement.

Australia still claims that none of them will settle in Australia, and organizations such as Human Rights Watch have highlighted that simply shifting them elsewhere will not work:  “These men should immediately be moved to Australia or a safe third country, not simply shunted down the road to a transit centre or moved to Nauru or Cambodia. Nearly a thousand men on Manus have already lost three or more years of their lives locked up in limbo for no good reason. They’ve endured dirty, cramped conditions, inadequate medical care and violence. Finally, it is time to let them move on with their lives in safety and dignity.” Amnesty International and Human Rights Watch claim that Australia has a “deliberate policy” of not addressing issues on Nauru as a strategy to “deter” further boat arrivals, as well as that asylum seekers are suffering immensely from inadequate medical care.

“Australian authorities are well aware of the abuses on Nauru. The Australian Human Rights Commission (AHRC), the Office of the United Nations High Commissioner for Refugees (UNHCR), a Senate Select Committee, and a government-appointed independent expert have each highlighted many of these practices, and called on the government to change them. The Australian government’s persistent failure to address abuses committed under its authority on Nauru strongly suggests that they are adopted or condoned as a matter of policy.”

“Few other countries go to such lengths to deliberately inflict suffering on people seeking safety and freedom,” said Amnesty International’s senior director for research Anna Neistat, who went to Nauru to conduct the investigation.

Continue reading The plot thickens: Australia to close Manus Island centre; staff demanding end to offshore detention; Australia doesn’t bother to investigate any of the Nauru files before declaring them bunk

Focus on Australia: Go to Hell, go directly to Hell. Do not pass go, do not collect asylum in Australia

Photo: Australian Refugee Council’s 2016 calendar.

 

Australia: Appalling Abuse, Neglect of Refugees on Nauru (Human Rights Watch / Amnesty)

About 1,200 men, women, and children who sought refuge in Australia and were forcibly transferred to the remote Pacific island nation of Nauru suffer severe abuse, inhumane treatment, and neglect, Human Rights Watch and Amnesty International said today. The Australian government’s failure to address serious abuses appears to be a deliberate policy to deter further asylum seekers from arriving in the country by boat.

Refugees and asylum seekers on Nauru, most of whom have been held there for three years, routinely face neglect by health workers and other service providers who have been hired by the Australian government, as well as frequent unpunished assaults by local Nauruans. They endure unnecessary delays and at times denial of medical care, even for life-threatening conditions. Many have dire mental health problems and suffer overwhelming despair – self-harm and suicide attempts are frequent. All face prolonged uncertainty about their future.

“Australia’s policy of exiling asylum seekers who arrive by boat is cruel in the extreme,” said Anna Neistat, senior director for research at Amnesty International, who conducted the investigation on the island for the organization. “Few other countries go to such lengths to deliberately inflict suffering on people seeking safety and freedom.”

By forcibly transferring refugees and people seeking asylum to Nauru, detaining them for prolonged periods in inhuman conditions, denying them appropriate medical care, and in other ways structuring its operations so that many experience a serious degradation of their mental health, the Australian government has violated the rights to be free from torture and other ill-treatment, and from arbitrary detention, as well as other fundamental protections, Human Rights Watch and Amnesty International said.

‘We are dead souls in living bodies’: Australia accused of abusing refugees (CNN)

Daily violence, suicide attempts and children left without medical treatment were among some of the allegations documented by Amnesty International and Human Rights Watch during a visit to Australia’s detention center on the remote Pacific Island of Nauru in July.

Australia Allows Abuse of Refugees to Deter Others, Rights Groups Say (NYT)

 “The Australian government is commissioning the abuse of these people,” Anna Neistat, a senior director for research at Amnesty International who spent five days on Nauru in July, said by telephone from Paris on Wednesday. “It pays for the companies that detain the refugees, it pays for the guards, and it fails to provide adequate medical care. Australian taxpayers are funding it. And the world does not know this place exists.”

See also: Australia deliberately ignores refugee abuse: report (Al Jazeera)

Two leading rights groups accuse Australia of ignoring abuse to deter people from trying to travel to the country.

Australia – liable for criminal prosecution

It should be noted that while Australia’s policies might be among the more egregious, few Western countries have clean hands when it comes to treatment of migrants, asylum-seekers, and refugees.

The United Nations has found that Australia’s immigration detention regime breaches international law, amounting to arbitrary and indefinite detention, and that men, women and children are held in violent and dangerous conditions.

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It’s not just in Greece that refugees are stranded (IRIN)

Indonesia had long been a transit country for thousands of asylum seekers trying to reach Australian shores. But Australia launched Operation Sovereign Borders in September 2013, policing its waters and turning back boats with such efficiency that it has all but blocked off the route. Several hundred new asylum seekers, however, are still arriving in Indonesia every month. An ever-increasing number are now spending years in limbo in a country that neither recognises them as refugees nor offers any possibility of local integration.  Resettlement to a third country is the only option for most of the nearly 14,000 asylum seekers and refugees now stranded in Indonesia (up from 10,000 two years ago). Australia used to be the country that accepted the majority of refugees in Indonesia for resettlement, but now it only takes those who registered there before July 2014.  Other countries with resettlement programmes, many of them preoccupied with the refugee exodus from Syria, have done little to help.  With no right to work and little support available from the UN’s refugee agency, UNHCR, many new arrivals simply hand themselves over to the Indonesian authorities knowing that at least they’ll be fed and sheltered while they’re detained.

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Australia ordered to resettle nearly 900 asylum seekers held on Manus Island detention centre after PNG ruled the centre illegal (Trust.org)

The asylum seekers come from across the Middle East and Asia predominately, with Afghanistan, Iran, Pakistan accounting for the bulk. Some have been held in detention for several years. Lawyers for the 898 Manus island detainees have asked the Supreme Court for compensation of 1,500 kina ($462.75) for every day they were held illegally. The Supreme Court said it would call on Australia to provide a representative on Thursday to provide details on a resettlement plan.

See also: The cost of Australia’s asylum policy

Country Reports on Human Rights Practices for 2015 Australia (US State Department)

The main human rights problems were domestic violence against women and children, particularly in indigenous communities; indigenous disadvantage; and policies affecting asylum seekers, including detention and detention center conditions for some attempting to reach the country by sea.

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Continue reading Focus on Australia: Go to Hell, go directly to Hell. Do not pass go, do not collect asylum in Australia

Heart of darkness: Life in the Northern Triangle and the failure of international protection (part 1)

Photo: Reuters

Imagine a place where numerous powerful, armed groups operate throughout the territory. In any given city or rural area, two or more of these groups may be active, and there are constant and extremely violent clashes over territory. These armed groups regulate the daily life in areas under their control through curfews, standards of behavior, and conduct surveillance to see who communicates with whom. Add to that, the armed groups frequently demand “rent” (extortion) from citizenry living in their areas of control, from rich and poor alike, from the lady selling food out of a cart to a rich landowner.

They also like to recruit youth, particularly young men, and membership in these groups is for life – any attempt to leave is punished with violent reprisals against the person in question or his or her family. Similarly, young girls are targeted to be forced into sexual “relationships” with members of the group; women and girls are frequently raped and murdered, by their own “partners” and also as reprisals by their “boyfriends'” enemies. Recruitment is not voluntary: either you join, or they assume you must be collaborating with another group and hence are a threat. Refusal to comply with a demand from a member of an armed group, in terms of  refusing recruitment, refusing payment, or refusing sexual relations, will result in death threats. Walking on the wrong side of the street, wearing the wrong clothes, or having the wrong hairstyle can similarly imply affiliation with a group. And death threats often result in  gruesomely violent death: decapitated, hung from bridges, beaten to death, shot multiple times in broad daylight, mutilated. There is almost complete impunity for these crimes: in some places, over 98% of murders go unpunished, because of lack of resources or capacity by the authorities, or because armed groups have infiltrated, corrupted, or threatened police, witnesses, and the judiciary, or because authorities are unwilling or unable to take on groups whose members reportedly number up to 85,000.

Welcome to the Northern Triangle, comprising Honduras, El Salvador and Guatemala. El Salvador, Guatemala, and Honduras consistently rank among the most violent countries in the world. More people were murdered in the city of San Pedro Sula, Honduras, than in the entire country of France in 2015 with a murder rate of 142 per 100,000. The number of homicides in San Salvador was equivalent to the number of homicides in the UK, France, and Germany combined. Sources describe that, “Gang-related violence in El Salvador brought its homicide rate to ninety per hundred thousand in 2015, making it the most world’s most violent country not at war.”  [click here to see homicide rates for South Sudan, Afghanistan, Liberia, Sierra Leone, Iraq and Haiti]. There is almost complete impunity for crimes, over 98% of murders and 95% of sexual attacks go unpunished (and apparently, 2 out of the only 3 shelters for rape survivors in Honduras operate as brothels).

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If you lived in this kind of hell, where would you go? What would you do?

If you took your family’s savings and paid a smuggler to take you elsewhere, you would face a long overland journey where you could be subject to physical and sexual abuse (80% of women and girls crossing through Mexico from Central America report having been raped along the way), vulnerable to kidnapping and murder, or might choose a risky form of transportation that could well cost you your life or limbs. You pay a lot of money to make it across the border, and risk dying in the desert. You are intercepted by border control, detained, given a cursory interview, and deported. And then killed.

Wait, what?

Clearly, not everyone who attempts to enter the US, nor everyone originating from these or other Latin American countries, is a person in need of protection as a refugee. But the above scenario should give pause to those who blithely claim that all Central Americans are only economic migrants. And the only way to know for sure if someone is a refugee or an economic migrant is to ask them, in a language they understand, and in a setting that provides sufficient confidentiality.

In essence, the question is whether (a) US procedures give sufficient opportunity for people to explain if they have a fear of returning to their countries, and (b) if that fear is be duly considered in light of US law and international refugee law to decide, on the merits of each individual case, whether that person is a refugee. Refugee advocates argue that neither of these things is happening. Instead, the US government is focused on deterrence and criminalization of those entering its borders “illegally”; officials do not find it disingenuous that everyone must perforce enter illegally if there are no legal channels to do so, even though under international law seeking asylum cannot be penalized as illegal entry.

Human Rights Watch describes, in a 2014 report, what happens to a person once they cross the border:

The vast majority of migrants crossing the US-Mexico border without authorization are placed in detention and undergo a hasty two-part assessment by US officials under either “expedited removal,” for first-time border crossers, or “reinstatement of removal,” for migrants who have previously been deported from the United States.

In either case, to pass the first stage an agent from Customs and Border Protection (CBP) or another US immigration agency must flag the person for a “credible fear” or “reasonable fear” assessment. To pass the second stage, migrants meet with an asylum officer from USCIS who determines whether their fear of return is “credible,” or in reinstatement cases, “reasonable” – that is, whether there is a significant possibility they will prevail in immigration court on their claim for asylum or protection from deportation to a country where they are likely to face torture.

[…] Data for 2011 and 2012 that Human Rights Watch obtained from Customs and Border Protection under the Freedom of Information Act indicate that few Central American migrants are identified by CBP as people who fear return to their country in the first stage of the expedited removal process. The data show that the vast majority of Hondurans, at least 80 percent, are placed in fast-track expedited removal and reinstatement of removal proceedings but only a minuscule minority, 1.9 percent, got flagged for credible fear assessments by CBP. The percentages for Mexico, Honduras, El Salvador, and Guatemala are similar, ranging from 0.1 to 5.5 percent. By comparison, 21 percent of migrants from other countries who underwent the same proceedings in the same years were flagged for credible fear interviews by CBP.

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Graphic: HRW

Deterrence

For individuals and families who have been persecuted, brutalized, and abused, one would think that the proper response would involve sensitive staff, specialized care, and an in-depth evaluation of their situation.  Instead, HRW noted that the “US started detaining large numbers of migrant mothers and their children in July 2014 as part of what Homeland Security Secretary Jeh Johnson called an “aggressive deterrence strategy” aimed at Central American unauthorized border crossers, among them many asylum seekers.”

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‘The ‘Caravan of the Mutilated’ Shows What People Risk When They Come to America, article by Alice Ollstein & Esther Yu-Hsi Lee (Photo: Esther Yu-Hsi Lee)

“[T]he common thread in DHS’ response to the thousands of women and children arriving at the United States’ southwest border in 2014 was to employ a multi-prong deterrence strategy consisting of (a) launching a multimedia public awareness campaign; (b) increasing U.S. assistance to help Mexico secure its southern border region; (c) decreasing the chances of gaining asylum by expediting the removal process; and (d) carrying out raids in January 2016 in search of individuals deemed to have exhausted their asylum claims. These actions were meant to heighten the challenges associated with coming to the United States and ensure that Central Americans knew about them.” (source)

Indeed, the US government’s policy of making the situation more difficult and dangerous, and making sure migrants know it, appears to have had little impact: “[A]nalysis of Honduran LAPOP survey respondents shows that knowledge of the risks of migration—deportation, border conditions, and treatment in the United States—played no significant role in who had plans to migrate and who did not have such plans.” Plans to migrate, furthermore, were closely linked to whether the person had been victimized once or multiple times in the last year:

“in Honduras, 28 percent of non-victims reported having intentions to migrate, which rises to close to 56 percent of respondents that had been victimized more than once by crime in the previous twelve months intended to migrate. In El Salvador, only 25 percent of non-victims had plans to migrate compared to 44 percent of those victimized multiple times expressing intentions to migrate. Only in Guatemala did non-victims and victims of a single crime report migration intentions at a similar rate.” (source)

It is therefore unsurprising that U.S. District Court Judge James Boasberg, in his February 2015 ruling regarding DHS detention policy, concluded that, “Defendants [DHS] have presented little empirical evidence… that their detention policy even achieves its only desired effect—i.e., that it actually deters potential immigrants from Central America.”

Your tax dollars at work

Immigration advocates slam the increasing tendency in the US to criminalize immigration and immigrants, and to maintain detention, even of families and children, as an integral part of immigration policy. As Raul Reyes described it,

“The underlying problem with immigration detention is that most detainees are only guilty of being in the U.S. without authorization, which is a civil offense, not a crime. Yet detainees are treated like criminals, held behind bars and barbed wire, often in remote locations. In fact, in at least one respect, immigration detainees are treated worse than criminals: Criminal defendants have the right to a speedy adjudication and to court-appointed legal counsel. Immigration detainees do not. Detention punishes people in disproportionate relation to their alleged infractions, and contributes to the misconception that undocumented immigrants are criminals.”

They point out that immigrants are less likely to be criminals than native-born, and that the incarceration rates of the native-born were anywhere from two to five times higher than that of immigrants in 1980, 1990, 2000 and 2010 decennial censuses. Nevertheless,

“Unfortunately, immigration policy is frequently shaped more by fear and stereotype than by empirical evidence. As a result, immigrants have the stigma of “criminality” ascribed to them by an ever-evolving assortment of laws and immigration-enforcement mechanisms. Put differently, immigrants are being defined more and more as threats. Whole new classes of “felonies” have been created which apply only to immigrants, deportation has become a punishment for even minor offenses, and policies aimed at trying to end unauthorized immigration have been made more punitive rather than more rational and practical. In short, immigrants themselves are being criminalized.” (source)

Some immigration advocates estimate that the cost of pursuing immigration as a criminal matter:

In Fiscal Year 2011 alone, “the federal government paid immense sums of taxpayer money to private prison companies, $744 million and $640 million to CCA and GEO Group, respectively.” According to a Grassroots Leadership report, by 2011 Corrections Corporations of America and GEO Group, the nation’s two largest private prison companies, “enjoyed a combined $780 million increase in annual federal revenues since 2005.” The report also notes that since the inception of Operation Streamline until 2012, the federal government spent “$5.5 billion incarcerating undocumented immigrants in the criminal justice system for unauthorized entry and re-entry, above and beyond the civil immigration system.”

Although it is difficult to quantify the full costs of prosecuting individuals for illegal entry and reentry, the National Immigration Forum has estimated that in Arizona alone, the costs are as high “as $10 million per month… [A]nother $3.6 million per month is spent on defense lawyers in Arizona, primarily court-appointed private attorneys. The cost to prosecute defendants in Operation Streamline averages $10,000 a day and $50,000 a week in Tucson alone.”

Put differently, “the cost to house each detainee at Dilley is about $108,000 per year. A study funded by the Immigration and Naturalization Service, of more than 500 detainees between 1997 and 2000, found that 93 percent will appear in court when placed in a monitoring program. The savings of such a program for the 2,400 detainees at Dilley would be about $250 million per year.”And these figures refer only to a single facility. The  U.S. government has the largest immigration detention system in the world:

“Surprisingly, the largest detention and supervised release program in the country is not operated by the U.S. Department of Justice, or DOJ, but by the U.S. Department of Homeland Security, or DHS, which oversees the nation’s immigration detention program. According to the DOJ, its Federal Bureau of Prisons had nearly 200,000 individuals in custody as of December 2015. On the other hand, DHS’s immigration detention program detains around 400,000 people each year.”

And guess what?  “62 percent of all immigration detention beds are operated by for-profit prison corporations. For comparison, 7 percent of federal and state prisoners were held in for-profit prisons in 2005, rising to 8.4 percent by 2014—an increase of just 1.4 percent.”

So, the only reason that people are being detained is because of decisions to criminalize immigration, and then detain people indefinitely at extensive cost to the taxpaper, while serving no real purpose.

“The 2014 budget request for detention was $1.84 billion, a funding level that works out to about $5 million a day. The American Civil Liberties Union estimates that keeping a person in detention costs $161 a day; family detention costs $298 a day.
These costs are especially wasteful given that private companies control about 62% of the immigrant detention beds used by Immigration and Customs Enforcement . That means taxpayer money is going into corporate pockets.
Meanwhile, there are alternatives to detention that are much cheaper. The estimated costs of using electronic ankle bracelets or in-person reporting programs run from 17 cents to $17 a day, says the ACLU. These methods have proved effective as well. In 2013, one pilot program testing such alternatives reported a 99% appearance rate at immigration court hearings among participants, and 79% compliance rate for removal orders.” (source)

 

See Part 2: Asylum claims from Central America in the US and Canada

Australia: liable for criminal prosecution?

It should be noted that while Australia’s policies might be among the more egregious, few Western countries have clean hands when it comes to treatment of migrants, asylum-seekers, and refugees.

The United Nations has found that Australia’s immigration detention regime breaches international law, amounting to arbitrary and indefinite detention, and that men, women and children are held in violent and dangerous conditions.

One asylum seeker was murdered by guards on Manus Island, while another died because there were no appropriate antibiotics to treat infection.

On Nauru, asylum seekers and refugees are regularly physically and sexually assaulted, and say they are frightened to complain because of a culture of impunity on the island. At least 29 cases of rape and sexual assault – including against children – have been reported to Nauru police, but there have been no arrests or charges laid.

Several arms of the UN have repeatedly condemned Australia’s offshore regime, including the UN high commissioner for human rights, the UN committee against torture, the UN special rapporteur on torture, the UN special rapporteur on the human rights of migrants, and the UN high commissioner for refugees.

Continue reading Australia: liable for criminal prosecution?