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Human Rights Are Beyond Politics -- Justice Should Be Too

Jack Healey, the Founder of the Human Rights Action Center

As we look into the New Year, it is also time to look back and see which governments might free a prisoner or two due to the decline of age or ill health. With honoring the traditions that are represented by a holiday that celebrates a religious figure who focused on forgiveness, love, and redemption, it seems a perfect time to look inward to the United States and outward to another country and to make a single recommendation for each one.

My suggestions for the USA is to finally let Leonard Peltier, who after thirty six years in jail, go home. Convicted in a trial with more procedural and witness issues than would possibly be permitted today, he has served more than enough time to reckon with any sentiment of justice. Multiple murderers have been released more quickly than Peltier and numerous human rights groups internationally have called for his release for two decades. His health is currently frail and the circumstances of his extradition to the United States and prosecution here was, charitably put, questionable. His history brings to mind the wars against the American Indians by white settlers bent on enforcing the delusion of Manifest Destiny even at the price of genocide. Peltier was(is) and Indian traditionalist. He helped defend those ways in a showdown where two FBI against were unquestionably killed, though likely not by him.

Shaky evidence helped convict Peltier for the shooting deaths, but he has always maintained his innocence. He was a member of the American Indian Movement(AIM), a group who believed that standing up for the past as well as the present was important. Not all American Indians joined or supported this movement but AIM was firm in their ways of keeping their own authority with regard to maintaining their cultures and their languages. In the early 70's , many of us in positions to do so gave both material and political support to this movement. Now regardless of how either side of this debate has felt in the past, it is time to say enough already. 36 years suffices for any one with suspicious trial circumstances. His health is failing. He should not die in jail. Our newly re-elected President can free him at this time. It would be gracious and uplifting to all Indian people throughout the Americas, North Central and South. It would be an overdue step to reconciling the indigenous peoples of this land with this nation that claims freedom and liberty for all. Isn't this the time for reconciliation and forgiveness?

Internationally, I'd plead for a commuted sentence for Chen Shui-bian, the former democratically elected two-term President of Taiwan. For four years, his health needs were systematically neglected by the present government of Ma Ying-jeou. Confined to a tiny cell for twenty three hours a day with another cellmate (who had other options to be outside of the cell). He was confined to a cell without a bed, table, shower, or flush toilet. Complaining frequently of illness to the prison authority, he was ignored or dismissed as having "only the flu." Ignoring for a moment the fact that flu viruses are worthy of treatment when one is incarcerated in close quarters, the fact of the matter is that his treatment and appropriate diagnosis wasn't taken seriously even with ten consecutive days of 180+ systolic blood pressure measurements. With medical care limited to flash visits and incredibly quickly rushed tests outside of the prison, but never adhered to modern neutral medical standards of care. After delay and deferral, Mr. Chen's physical and mental health collapsed significantly to the point that he had a number of mini-strokes to his once prodigious wit. He entered a phase of severe depression, slurred speech, and several identified brain blockages.

Finally receiving limited treatment, all bills are being passed on to his already burdened family as prisoners are exempted from coverage by national health insurance (in spite of international standards making medical care for prisoners being the real and financial responsibility of the state for those is incarcerates). There is still a constant menace of being subject to a return to his prison cell regardless of physician recommendations and his years of poor medical care have put him in a condition of permanently damaged health and well-being. The use of a penal system to kill prisoners is an old and tired line of action by desperate regimes. With massive political divides existing between the Green-Blue divide, Chen's DPP (Green) is the only non-KMT government in Taiwan's post-colonial history and Ma's KMT seems to be backsliding towards an only-nominally multiparty system with punitive extractions of all-but-the-KMT (Blue). President Ma's abysmal approval ratings would likely get a substantive lift to move towards reconciliation across this bridge if he would show the courage and honor of commuting a sentence or allowing a real medical parole.

Both American and Taiwanese Presidents would go a long step to restoring the respective national honor of their countries to the world, or themselves to their people, and to honoring the sense that redemption, forgiveness, and having things get better. In this season that the light is beginning to return to the Northern Hemisphere, where people around the world gather to celebrate the birth of a man who preached such things as essential elements of humanity's potential and promise, can't we take a decisive step forward to a better world. Can't we recognize when justice has been served and move forward together?

2012-12-24

http://www.huffingtonpost.com/jack-healey/human-rights-are-beyond-p_b_2357065.html

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人權是超越政治 - 司法也應如此

人權行動中心創辦人傑克·希利 , 12-24-2012

當我們展望新的一年,也是應該回顧既往的時候,讓我們看看哪一個政府可能會因年齡或健康狀況不佳釋放一個或兩個受刑人。我們傳統上慶祝耶誕節來榮耀代表寬恕、愛和救贖的耶穌,但這也是一個適當的時候向內看看美國和向外看看另一個國家,對他們各自獻上一點建議。

對美國,我的建議是,該讓倫納德·珀爾帖回家了,他被監禁已超過了三十六年。根據現今法律標準,將他定罪的審判有太多不當程序和證人的問題。他服刑時間之長已遠遠超過任何伸張正義的情緒。好多個殺人犯都比珀爾帖更早被釋放。許多國際人權團體過去二十年來也一再呼籲釋放他。他目前的健康狀況十分虛弱。當年將他從印第安人保留地引渡到美國起訴的過程相當粗糙。他的受難歷史使我想起過去白人殖民者妄言執行天命發動對美國印地安人的戰爭,即使導致印第安人滅族滅種也在所不惜。珀耳帖過去與現在都是印地安人的傳統主義者。他為了保衛印地安人傳統而戰,在衝突中兩個(FBI)探長被槍殺了,但是殺人的人可能不是他。

用來將珀耳帖定罪的證據十分薄弱。他一直堅持自己無罪。他是美國印第安運動(AIM)成員。這個組織認為,為過去和現在挺身而出是很重要的。不是所有的美國印第安人都加入或支持這項運動,但是 AIM始終堅持主權來保護他們的文化和語言。在70年代初期,我們很多有心人對這項運動予以物質和政治上的支持。無論過去我們如何爭辯、支持或反對印地安人運動,現在是說〝夠了〞的時候。36年的監禁對一個是否有罪都有爭議的人絕對是夠了。他的健康狀況持續惡化,他不應該在監獄中死去。我們新當選的總統歐巴馬先生,在這個時候可以特赦他。如此做會讓所有北美洲、中美洲和南美洲的印地安人溫馨振奮。這老早就該做了,來讓這片土地上的原住民與這個國家和解,讓所有的人都享有自由。難道這不是和解和寬恕的時候嗎?

在國際上,我懇求赦免陳水扁,前兩任民選台灣總統。四年來,他的健康需求被馬英九的政府刻意忽視。他被關在一個狹小的牢房每天超過23小時,和他關在一起的另一位囚友則可以到囚室外工作。他被囚禁在一個沒有床、桌子、淋浴、抽水馬桶的囚室。即便他多次向監獄當局反應他的病痛,獄方總是不當一回事或以〝感冒〞來打發,辜且不言感冒病毒對一個關在封閉囚室的人的危害程度,事實的真相是,他的治療和適當的診斷都不被重視,甚至連續十日他的血壓超過180 收縮壓也不被當作緊急。獄方提供的醫療保健僅限於獄內草率診斷以及獄外醫院趕場式的檢查,完全沒有以現代的醫療護理的標準來處理。由於拖延加誤診,陳先生的身體和心理健康顯著的崩潰了,他蒙受小中風,重創他以往天才式的機智。他目前患有嚴重的憂鬱症、言語不清,並被診斷出有數個腦堵塞點。

現在他終於在醫院接受治療,但是所有醫療帳單一張一張都被送到他已經背負重擔的家庭來支付。在台灣,受刑人被排除在全民健康保險之外,儘管依國際標準,一個國家該負起所有囚犯的醫療保健責任。即使在醫院,他仍然時時受到威脅會被送回監獄,違反醫生的建議也不考量他多年來被忽視的醫療已對他的身體造成永久性的損害。使用刑罰制度來虐殺囚犯是極權統治者慣用技倆。在台灣藍綠對立壁壘分明,陳水扁的民進黨(綠)是在台灣的後殖民歷史上唯一執政的本土政權。馬英九的國民黨(藍)似乎在開民主倒車,要回過去假的多黨政治,但實質上由國民黨掌控一切生殺大權的專制。馬英九如果有智慧與勇氣對陳水扁特赦或給予他真正的保外就醫,馬先生目前超低的支持率可能會大幅提昇,並促進台灣政治和解。

此刻美國和台灣的總統都有機會創造歷史,向全世界或向自己的人民向上提昇自己國家的榮譽,以實際行動來實踐救贖與寬恕,讓這個世界變得更好。當全世界的人聚在一起慶祝耶誕節,我們應謹記慶祝這個節日的真正意義在於奉行救贖與寬恕來提昇人性與人類未來的潛力。執政者請三思,勇敢踏出超越政治的第一步,司法程序已經〝夠了〞,是該攜手合作向前邁進的時候了!

(Note: 感謝 Prof. Jay Tu 漢文翻譯)

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