Press Release from
Amnesty International
AI Index
AMR 51/152/2001 - News Service Nr. 186
Embargoed for : 10/23/2001 03:00 AM GMT
USA: Amnesty International calls for respect of detainees' rights in wake of 11 September
Amnesty International is calling for all those detained during US police investigations
into the 11 September attacks in New York and Washington to be treated with full respect
for their rights under US law and international standards.
The organization is disturbed by reports that many individuals arrested in the wake of
these attacks were denied prompt access to lawyers or relatives. In some cases there were
delays in gaining information on the whereabouts of detainees.
Prompt access to counsel for detainees is a basic right under international standards, and
an important safeguard against abuse, even during emergency situations. It is particularly
important to ensure these rights are upheld in the present situation, in which police have
been given new powers to hold people for questioning for an extended period without
charge.
Amnesty International is also concerned by the physical conditions of some of those in
custody, which may violate standards for humane treatment. Two men held in solitary
confinement in the Metropolitan Correctional Center in New York, for example, are
reportedly denied exercise; given certain foods which they cannot eat on religious
grounds; kept in cold cells, with only one blanket; subjected to full strip searches twice
a day despite having non-contact visits; and are shackled hand and foot whenever they are
taken from their cells.
These conditions appear to be unduly punitive, especially as the two men had not been
charged with an offence but were being held as material witnesses. In some respects their
treatment, and that of others held in local jails, has been worse than for convicted
prisoners.
Other cases include a Saudi national being held for a week in a Dallas jail without a
mattress, bedding, blanket, cup or clock. His conditions improved only after appeals by
his attorney to the regional immigration services director who intervened directly with
the jail.
Background
More than 700 people, mainly of Arab or Middle Eastern origin, have been arrested and
detained in the USA in connection with the criminal investigation into the attacks in New
York and Washington on 11 September. Many of them are being held under new powers to
detain non-citizens for 48 hours or longer in emergencies, and many were reportedly held
for immigration violations.
In some cases lawyers of individuals charged, or held as material witnesses to a criminal
investigation, have been subjected to "gag" orders which prevent them from
reporting on the proceedings in the case. There have been complaints by civil rights
attorneys about the difficulty of getting information about many of those detained.
The US Congress is currently considering draft legislation which would, among other
things, allow for detention for up to seven days without charge.
International standards provide, among other things, that all arrested or detained persons
should be treated humanely; that they shall have prompt access to a lawyer and the right
to communicate with their families; that foreign nationals should have the right to notify
consular staff or a national organization that can provide assistance; and that anyone
arrested or detained on a criminal charge shall be promptly brought before a judge or
judicial authority.
Standards for the treatment of prisoners stipulate that all prisoners should receive at
least one hour=s daily outdoor exercise; that restraints should be used only when strictly
necessary and that chains and irons should not be used as restraints.
\ENDS
public document
For more information please call Amnesty International's press office in London, UK, on
+44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW web : http://www.a