Posts Tagged ‘Scott Warren’

Film “USA v Scott”: Humanitarian Aid Is Not a Crime

July 8, 2020

Murat Oztaskin – a member of The New Yorker’s editorial staff – wrote on 8 july 2020 a rich piece on the case of Scott Warren who was prosecuted for bringing water to migrants in the desert [https://humanrightsdefenders.blog/2019/05/29/also-in-usa-helping-migrants-is-criminalised-scot-warren-in-court-on-29-may/ ] He does so in reaction to the short documentary “USA v Scott”…

Warren was charged with one count of conspiracy to transport illegal aliens and two counts of harboring, and faced up to twenty years in prison. The lead-up to his first trial, in May, 2019, is chronicled in the short documentary “USA v Scott.”….

“USA v Scott” is directed by Ora DeKornfeld, a twenty-nine-year-old filmmaker, and Isabel Castro, a thirty-year-old multimedia journalist who was born in Mexico. “I think we were both fundamentally inspired” to make the film, Castro told me, “because we saw it as such a seminal case.” In 2017 and early 2018, several No More Deaths volunteers, including Warren, were charged with federal misdemeanors for “littering” and “trespassing”—that is, for leaving water and other supplies along crossing routes in federal wildlife areas. But Warren’s arrest at the Barn proved a turning point in immigration enforcement. In early 2017, Jeff Sessions, Donald Trump’s first Attorney General, directed federal prosecutors to use the law against harboring unauthorized migrants as a tool to help enforce the Administration’s zero-tolerance immigration agenda—until then, the law had been used almost exclusively against smugglers who trafficked migrants for profit. Warren was charged by Michael Bailey, the U.S. Attorney for the District of Arizona, a Trump appointee.

The film, which has screened at the Tribeca and Mountainfilm festivals, largely skirts politics, focussing instead on how the situation raised “moral questions for people who were living in Arizona,” Castro said. Warren frequently hosts roundtable discussions on immigration in Ajo, and the film opens on one such meeting. “Borders are supposed to keep us safe,” one member of the community says. “And now I have fear.” Another says, “My thing is, they wanna come here, they wanna come here for a better life so badly, but then they also wanna say, ‘Well, do it my old-country way.’ ” Warren listens patiently, nods. “Thank you for sharing that,” he says. The film also shows individual interviews with residents of Ajo. “To us, it’s normal,” one man says. “We’ve lived with [crossing migrants] all of our lives. It was never a big deal. And then the government stepped in and made a big deal out of it.”

Warren’s felony trial began in May, 2019. The documentary shows the tense months leading up to it, as he remains calm and diligently continues his work with No More Deaths. “We saw in Scott . . . someone who was doing very radical work but who was carrying himself in a very open and mild-mannered way,” DeKornfeld told me—someone who “could potentially connect not only with people who already agree with his politics but also those who don’t.” The trial ended, in June, in a hung jury.

Because the prosecution declined to drop all charges against Warren, the case went to a second trial, in November, where Warren was tried on the harboring charges. (The conspiracy charge was dropped, and the judge ruled that no mention of the Trump Administration’s policies could be included in the arguments.) The jury found him not guilty. After the verdict, Warren said, “The government failed in its attempt to criminalize basic human kindness.” Although Warren was vindicated, the fate of Sacaria-Goday and Perez-Villanueva remains unknown.

https://www.newyorker.com/culture/the-new-yorker-documentary/usa-v-scott-and-the-fight-to-prove-that-humanitarian-aid-is-not-a-crime

Annual reports 2019: Amnesty International

December 29, 2019

The 3rd annual report comes from Amnesty International which this year looks at some of the positive highlights, many won by human rights defenders:

[The first two annual reports in this blog are: https://humanrightsdefenders.blog/2019/12/27/annual-reports-2019-civicus-global-report/ and https://humanrightsdefenders.blog/2019/12/28/annual-reports-2019-huridocs-harnessing-the-power-of-human-rights-information/]

With inequality, injustice and hate speech seemingly ever more prevalent across the globe, you’d be forgiven for thinking 2019 has been a bad year for human rights. Yet, AI says that we have also seen some significant wins. Activists the world over have been galvanised to stand up and fight for our human rights – and thanks to their relentless campaigning we achieved some striking leaps forward. Here are some highlights…

January 

Legal abortion services were finally available to women in Ireland, following an historic referendum in May 2018 that marked a huge victory for women’s rights. It was the result of years of dedicated work by activists, including Amnesty International, to encourage a powerful conversation that helped catalyse the abortion debate in Ireland. This ultimately led to greater protection for those people who need an abortion there, and paved the way for the same inspiring progress in Northern Ireland later in the year.

As a tribute to Julián Carrillo, an environmental rights defender killed in October 2018, we launched Caught between bullets and neglect, a digest on Mexico’s failure to protect environmental human rights defenders. Just a few hours after the launch, two suspects in Julián’s murder were arrested, showing the immediate impact Amnesty’s work can have on justice.

The Angolan Parliament approved a revision of the Criminal Code to remove a provision widely interpreted as criminalizing same-sex relationships. They even took a step further, by criminalizing discrimination against people based on sexual orientation – the first country in 2019 to make this move, and a hearteningly radical move for an African nation.

February

After spending 76 days in detention in Thailand, refugee footballer Hakeem al-Araibi was able to return to his home in Melbourne on 12 February. The Bahrain-born footballer had been detained upon arrival in Bangkok on 27 November 2018, due to an erroneous Interpol red notice, and faced the threat of extradition to Bahrain. A campaign launched by Amnesty and other groups to free the footballer, who is a peaceful and outspoken critic of the Bahraini authorities, grew into the #SaveHakeem movement. The campaign spanned three continents, engaging footballers, Olympians and celebrities, and drawing the support of more than 165,000 people.

Following international attention and campaigning by Amnesty, Saudi authorities overturned a call by the Public Prosecution to execute Saudi woman activist Israa al-Ghomgham for charges related to her peaceful participation in protests. Israa al-Ghomgham still faces a prison term, and Amnesty continues to campaign for her immediate and unconditional release.

March

In Ukraine, an International Women’s Day rally organized by human rights defender Vitalina Koval in Uzhgorod, western Ukraine, went ahead peacefully, with participants protected by police. The event marked a major change for the region, after similar rallies organised by Koval in previous years had been targeted by far-right groups, with police singularly failing to protect participants from violence.

AFRICOM admitted for the first time that its air strikes have killed or injured civilians in Somalia, after the release of Amnesty’s investigation The Hidden US War in Somalia: Civilian Casualties from Air Strikes in Lower Shabelle. Following this report, US military documents came to light confirming that the US authorities knew of further allegations of civilian casualties resulting from many of their air strikes in Somalia.

Gulzar Duishenova had been championing disability rights in her country Kyrgyzstan for years. In March 2019, her persistence paid off when Kyrgyzstan finally signed up to the Disability Rights Convention. Amnesty supporters wrote nearly a quarter of a million messages backing her.

And in Iraq, just days after Amnesty and other NGOs raised the alarm about a draft cybercrime law that would seriously undermine freedom of expression there, the Iraqi parliament chose to withdraw the bill, confirming to Amnesty that its “concerns have been heard”.

April

In April, love triumphed when a ban on all LGBTI events in Ankara, Turkey, was lifted by the administrative appeals court. “This is a momentous day for LGBTI people in Turkey, and a huge victory for the LGBTI rights activists – love has won once again,” said Fotis Filippou, Campaigns Director for Europe at Amnesty International.

The District Court of The Hague issued an interim ruling in favour of Esther Kiobel and three other women who took on one of the world’s biggest oil companies, Shell, in a fight for justice. Esther has pursued the company for more than 20 years over the role she says it played in the arbitrary execution of her husband in Nigeria. Amnesty has shared over 30,000 solidarity messages with Esther Kiobel, and is supporting her Kiobel vs Shell case in The Hague. As a result of this hearing, the court in October 2019 heard for the first time the accounts of individuals who accuse Shell of offering them bribes to give fake testimonies that led to the ‘Ogoni Nine’ – who included Esther Kiobel’s husband – being sentenced to death and executed.

President of Equatorial Guinea, Teodoro Obiang Nguema, announced that his government would introduce legislation to abolish the death penalty.

May

Taiwan became the first in Asia to legalize same-sex marriage after passing an historic law on 17 May, with the first same-sex weddings taking place on 24 May. Together with LGBTI rights groups from Taiwan, Amnesty had campaigned for this outcome for many years. We are now working to end all discrimination against LGBTI people in Taiwan.

Qatar promised more reforms to its labour laws ahead of the 2022 World Cup. Human rights pressure also played a role in FIFA’s decision to abandon plans to expand the 2022 Qatar World Cup to 48 teams, which would have involved adding new host countries in the region. Amnesty worked together with a coalition of NGOs, trade unions, fans and player groups, calling attention to the human rights risks of the expansion, including the plight of migrant workers building new infrastructure.

June

Climate change activist Greta Thunberg and the Fridays for Future movement of schoolchildren were honoured with Amnesty International’s Ambassador of Conscience Award 2019. The Fridays for Future movement was started by Greta, a teenager from Sweden who in August 2018 decided to miss school every Friday and instead protest outside the Swedish parliament, until it took more serious action to tackle climate change.

In a long overdue move, Greece passed legislation to recognize that sex without consent is rape, and Denmark’s government committed to doing the same. This development is testament to the persistence and bravery of survivors and campaigners for many years, and creates real momentum across Europe following 2018 Amnesty’s review of outdated legislation in 31 European countries and other barriers to accessing justice for rape survivors.

From 1 June 2019, contraceptives and family planning clinic consultations became free of charge in Burkina Faso. The change was seen as a response to our 2015 My Body My Rights petition and human rights manifesto calling for these measures to be put in place. With financial barriers removed, women in Burkina Faso now have better access to birth control, and more choice over what happens to their bodies.

July

In a momentous and inspiring day for human rights campaigners, the UK parliament voted through a landmark bill on 22 July to legalize same sex marriage in Northern Ireland. The bill also forced the UK government to legislate for abortion reform in Northern Ireland, including decriminalization on the basis that a Northern Ireland Executive (government of NI) did not return in three months.

Also in July, in a US Congressional hearing, a senior Google executive gave the clearest confirmation yet that the company has “terminated” Project Dragonfly, its secretive programme to develop a search engine that would facilitate the Chinese government’s repressive surveillance and censorship of the internet. This followed Amnesty’s #DropDragonfly campaign, and hundreds of Google staff speaking out.

On 22 July, 70-year-old human rights defender and prominent Palestinian Bedouin leader Sheikh Sayyah Abu Mdeighim al-Turi was released from prison in Israel, after spending seven months in detention for his role in advocating for the protection of Bedouins’ rights and land. Sheikh Sayyah thanked Amnesty International and all those who took action on his behalf: “I thank you all very much for standing up for the right of my people and the protection of our land. While I was in prison, I felt and heard your support loud and clear, and it meant the world to me.”

August

Mauritanian blogger Mohamed Mkhaïtir, who was sentenced to death and held in arbitrary detention for more than five years after publishing a blog on caste discrimination, finally walked free.

In August, Saudi Arabia announced major reforms easing some of the major restrictions imposed on women under its repressive male guardianship system, including allowing them the right to obtain a passport which should make it possible for them to travel without permission from a male guardian. The changes also grant women in Saudi Arabia the right to register marriages, divorces, births and deaths and to obtain family records. While we welcome these changes, people campaigning for women’s rights remain in prison, and we must do all we can to fight for their freedom.

September

Syrian national Ahmed H. was finally allowed to return home, after being imprisoned and then held in immigration detention in Hungary for more than four years. He had been arrested on terrorism charges after being caught up in clashes on the Hungarian border. At the time he was helping his elderly parents, who were escaping Syria and were crossing into Hungary as refugees. An amazing 24,000 people joined the #BringAhmedHome campaign, calling on Cyprus to allow Ahmed to return to his family.

A court in Tunis acquitted 18-year-old activist Maissa al-Oueslati, after she faced trumped-up charges that could have resulted in her imprisonment for up to four years. Maissa and her 16-year-old brother had been arbitrarily detained by police earlier in the month for filming a protester threatening to set himself on fire in front of a police station.

October

At midnight on Tuesday 22 October 2019, after a last-minute effort by the DUP to overturn the bill, same sex marriage became legal in Northern Ireland, while abortion was decriminalised. All criminal proceedings were dropped, including those against a mother who faced prosecution for buying her 15 year-old daughter abortion pills online.

Grainne Teggart, Amnesty International’s Northern Ireland Campaign Manager, said it was the beginning of a new era for Northern Ireland, in which the nation was freed from oppressive laws that police people’s bodies and healthcare. “Finally, our human rights are being brought into the 21st century. This will end the suffering of so many people. We can now look forward to a more equal and compassionate future with our choices respected.”

November

Kurdish-Iranian award-winning journalist and refugee Behrouz Boochani arrived in New Zealand to attend a special WORD Christchurch event on a visitor’s visa sponsored by Amnesty International. It was the first time Boochani, known for his work reporting on human rights abuses from within the Australian government’s refugee detention centres, had set foot outside Papua New Guinea since he was detained on the country’s Manus Island in 2014.

Humanitarian volunteer Dr Scott Warren was found not guilty by a court in Arizona of charges linked to helping migrants on the US-Mexico border. In a similar case, Pierre Mumber, a French mountain guide who gave hot tea and warm clothes to four West African asylum seekers in the Alps, and was acquitted of “facilitating irregular entry”.

December

Alberto Fernández is inaugurated as President of Argentina on 10 December. As president-elect, Fernández announced he would push for the legalization of abortion as soon as he took office, saying: “It is a public health issue that we must solve.”

The Philippines’ Commission on Human Rights said that 47 major fossil fuel and carbon-polluting companies could be held accountable for violating the rights of its citizens for the damage caused by climate change. The landmark decision paves the way for further litigation, and even criminal investigations, that could see fossil fuel companies and other major polluters either forced to pay damages, or their officials sent to jail for harms linked to climate change.

The regional Economic Community of West African States’ (ECOWAS) Court of Justice rejected a 2015 ban imposed by the government of Sierra Leone preventing pregnant girls from sitting exams and attending mainstream school – and ordered the policy to be revoked with immediate effect.

Harassment of migration human rights defenders in the US alleged by AI

July 8, 2019

(Photo by John Moore/Getty Images)

On 2 July 2019, Amnesty International said that the Department of Homeland Security (DHS) and the Justice Department are using the justice system to target illegal immigrant activists. “Amnesty International has found since 2018 that the United States (US) government has executed an unlawful and politically motivated campaign of intimidation, threats, harassment, and criminal investigations against people who defend the human rights of migrants, refugees and asylum seekers (‘migrant human rights defenders’) on the US–Mexico border,

The London-based human rights organization interviewed 23 “human rights defenders” who claim they have being targeted by the U.S. government because of their work on behalf of immigrants. Of the 23 who were interviewed, 10 were put under a DHS watch list for their alleged involvement in human smuggling — criminal investigations that Amnesty International referred to as “dubious.” Others alleged instances of targeted harassment and intimidation at the hands of U.S. authorities. The people interviewed by human rights group included activists, lawyers and others who work to promote the interests of illegal aliens.

The Trump administration’s targeting of human rights defenders through discriminatory misuse of the criminal justice system sets it on a slippery slope toward authoritarianism,” Erika Guevara-Rosasa, Americas director for Amnesty International, said in the report. “The US government is disgracing itself by threatening and even prosecuting its own citizens for their vital work to save the lives of people in a desperate situation at the border.”

See also: https://humanrightsdefenders.blog/2019/05/29/also-in-usa-helping-migrants-is-criminalised-scot-warren-in-court-on-29-may/. His case ended in a mistrial: https://theintercept.com/2019/06/12/felony-trial-of-no-more-deaths-volunteer-scott-warren-ends-in-mistrial/ But now faces a retrial: https://www.democracynow.org/2019/7/3/no_more_deaths_scott_warren_retrial

https://dailycaller.com/2019/07/01/amnesty-international-report-migrants/

https://www.amnesty.org/en/latest/news/2019/07/usa-authorities-misusing-justice-system-harass-migrant-human-rights-defenders/

Also in USA helping migrants is criminalised: Scot Warren in court on 29 May 2019

May 29, 2019

Not just in Italy [see: https://humanrightsdefenders.blog/2019/05/15/european-governments-should-stop-treating-solidarity-and-compassion-as-a-crime/]. Front LIne Defenders on 28 May 2019 reports that in the United States Scott Warren is facing 20-year prison sentence for “harbouring” migrants.

On 29 May 2019, Scott Warren is due to face a felony trial at the District Court for the District of Arizona. The human rights defender is charged with two counts of “harbouring” migrants in Ajo, Arizona, and one count of “conspiracy to transport and harbour” migrants. If found guilty, he might be sentenced to up to 20 years of imprisonment.

Dr. Scott Warren [https://www.frontlinedefenders.org/en/profile/scott-warren] is a human rights defender working on migration issues in Ajo, Arizona. For over ten years, he has provided humanitarian aid to migrants and asylum seekers who attempt crossing the United States – Mexico border through the Sonora desert. He helped establish the humanitarian aid group No More Deaths or No Más Muertes which provides water and medical aid on migration routes, and documents the deaths of migrants in the desert.

On 29 May 2019 at 9:30am, Scott Warren is due to be tried at the District Court for the District of Arizona for two counts of “harbouring” migrants and one count of “conspiracy to transport and harbour” migrants. On 21 May 2019, the judge assigned to the case rejected a motion to dismiss the indictment. Scott Warren’s lawyers argued that his arrest “arose from selective enforcement of the laws by the Border Patrol” and that he was being targeted specifically for his work in defence of migrants’ rights.

On 17 January 2018, Scott Warren was arrested at a volunteer gathering point known as the “Barn”, located in Ajo, by a convoy of U.S. Border Patrol agents from a specialised anti-smuggling unit. The agents were wearing plain clothes and did not present the human rights defender with a warrant. Earlier on that day, No More Deaths had published a report denouncing the involvement of Border Patrol officers in the destruction of water gallons left by volunteers for migrants crossing the desert. After the publication of the report, Scott Warren gathered evidence of surveillance activities carried out against him by the U.S. Border Patrol.

The arrest of Scott Warren represents an escalation of existing patterns of harassment against humanitarian volunteers and human rights defenders in Arizona. In 2018, officers of the Fish and Wildlife Services cited Scott Warren and other volunteers of No More Deaths for entering the Cabeza Prieta National Wildlife Refuge, one of the most deadly migrant corridors along the Mexico-US border, to provide life-saving aid, including water, food and medical supplies, to migrants crossing the desert.

…..
On recent country visits, Front Line Defenders found that defamation and criminalisation of humanitarian activity is increasing along the migrant caravan routes. Human rights defenders in Mexico and the United States have been detained, harassed and criminalised for the provision of humanitarian aid, including distributing food, water and medical supplies, and operating emergency shelters for migrant families. Moreover, the authorities in the United States have increased efforts towards the criminalisation of all forms of immigration, including through coordinated action with other states in the region.

Front Line Defenders condemns the criminalisation of Scott Warren, as it is believed to be directly motivated by his humanitarian work assisting migrants and documenting their deaths. Front Line Defenders is further concerned about the increased use of the judiciary to target human rights defenders and organisations who assist migrants at the United States – Mexico border, including by selective enforcement of the law.

See latest: https://www.humanrightsfirst.org/press-release/human-rights-first-statement-new-trial-against-arizona-human-rights-defender