|
WASHINGTON, D.C. - The
Green Party of the United States has issued a statement criticizing the
Bush Administration's suppression of dissent and violation of
constitutional rights and freedoms. The statement was passed
unanimously by the party's Coordinating Committee, on which Green
Parties from 33 states and the District of Columbia are
represented.
"We cannot remain silent," said Ted Glick, Green candidate for
Senator from New Jersey. "When Attorney General Ashcroft says 'the
Constitution does not apply to terrorists,' he discards all guarantees
of due process and presumption of innocence, and sets up a scenario in
which anyone, U.S. citizen or not, can be labeled terrorist, regardless
of evidence."
"When you add President Bush's secret military tribunals, secret
evidence, and coercion to extract information from suspects, it's a
master plan for lawlessness and witch hunts. If the 'War on Terrorism'
may continue for several decades, as Bush and Defense Secretary Donald
Rumsfeld promise, it means that the U.S. Constitution is now
history."
"Shamefully, Democrats have largely supported such agenda, praised
Bush's resolve, and overwhelmingly voted for the 'USA PATRIOT'
Anti-terrorism Act. That leaves to the rest of us -- Greens and other
smaller political parties, civic organizations, churches, and courageous
individuals -- the task of defending American freedoms, rights, and
democracy."
Defending Constitutional Rights From
Anti-terrorist Assaults
Policy Statement of the
Coordinating Committee, Green Party of the United States January 22,
2001
It is appropriate for our government to heighten security to protect the
US public from terrorism. However, heightened security measures should
not infringe on the rights of individuals guaranteed by the
Constitution. The Coordinating Committee of the Green Party of the
United States opposes the PATRIOT Anti-terrorism Act and many newly
enacted federal and state powers because they undercut constitutional
rights, deplete judicial oversight of investigative powers, and create a
culture of intimidation which stifles political debate. Among our
concerns are the following:
Secret Investigation of Political Groups
The PATRIOT Act of October 26, 2001 provides the government with the
right to secretly investigate members of groups that engage in acts
"dangerous to human life that are a violation of the criminal laws…
and appear to be intended to intimidate or coerce a civilian population
or to influence the policy of a government by intimidation or
coercion." By defining domestic terrorism in such a broad and
subjective way, groups protesting the World Trade Organization, the
Vieques bombings, or abortion laws, for example, could have their
members secretly investigated if a person in their group were to perform
a criminal act such as cutting a fence, throwing a stone, or crossing a
police barrier. In support of this concern, on November 30 government
officials announced that Attorney General Ashcroft is considering
altering FBI guidelines to allow the FBI to investigate political and
religious groups. Thus, the Administration appears to be in the process
of undoing the domestic surveillance restrictions which were imposed on
the FBI in response to their widespread domestic surveillance programs
such as COINTELPRO which targeted Martin Luther King and other civil
rights activists, antiwar activists, the American Indian Movement, and
the Committee In Solidarity With the People of El Salvador. The PATRIOT
Act undercuts the First Amendment to the Constitution which protects
people from guilt by association, thereby intimidating people from
engaging in the freedom of speech and assembly.
Unwarranted Search and Surveillance
The PATRIOT Act allows the FBI and other domestic security groups to
secretly search an individual’s home, computer, or business, listen to
phone conversations, as well as obtain Internet communications, medical
records, financial records, and student records for
"intelligence" purposes under the PATRIOT Act’s definition
of domestic terrorism. In addition, the PATRIOT Act allows the
government to search for evidence in a criminal investigation without
first issuing a search warrant when it contends that issuing a warrant
would impede the investigation. In common language, it allows the
government to "fish" for information that may be relevant to a
criminal investigation without having to show reasonable cause that the
information it seeks may reveal evidence relevant to a crime. The
PATRIOT Act undercuts the Fourth Amendment which protects citizens from
unwarranted search and surveillance.
Detention and Deportation of Non-Citizens Without Cause
For non US citizens who are members of a designated "terrorist
organization," the consequences are much worse than unwarranted
search and surveillance. Non citizen members of such groups are
inadmissible to the United States, and deportable if they are already in
the United States. Furthermore, if they are not deportable because they
have no citizenship, would be subject to torture if returned, or because
their home country refuses to receive a person so-designated as a member
of a "terrorist organization," such a person could be
indefinitely incarcerated without any evidence that they have been
involved in a crime. Around 1200 immigrants have been detained by the
United States government since September 11 for undisclosed reasons,
thereby undercutting the right to a writ of habeas corpus guaranteed by
the US Constitution, Article 11, Section 9.
Ethnic Profiling and Investigation Without Reason
On November 9 the Administration announced a policy of ethnic profiling
in which it would discriminate against granting visas to men from Middle
Eastern countries. In addition, it would "invite" 5,000 Arab
immigrants who have entered the United States since January 2000 to
submit to questioning.
Eavesdropping on Attorney-Inmate Conversations
On October 31 new regulations were issued that allow the government to
listen in on conversations between an attorney and an inmate when the
Attorney General "suspects" such a conversation may have a
connection to terrorist activity. This is in accord with Attorney
General Ashcroft’s belief that "the Constitution does not apply
to terrorists." This regulation clearly undercuts the Sixth
Amendment of the Constitution which guarantees the right to competent
legal defense.
Undercutting the Right to Public Trial
On November 13 the Administration announced its intention to create
secret military tribunals to try immigrants and other foreigners for
terrorism. The usual rules of evidence and right to defense counsel
would not necessarily apply. There would be no right of appeal. This is
particularly striking since the US succeeded in pressuring Peru to retry
an American citizen, Lori Berenson, in a civilian court after she was
convicted of revolutionary activity in a secret military tribunal. Such
tribunals would clearly undo the right to a public trial guaranteed by
the Sixth Amendment of the Constitution of the United States.
Use of Torture
The administration has considered allowing the use of torture to obtain
information from suspects under investigation for terrorism. The use of
torture undercuts the Eight Amendment which protects people from cruel
and unusual punishment and is specifically outlawed by the 1984 United
Nations Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
Establishment of "Patriotic" Behavioral Codes and
Intimidation of Dissent
The September 11 terrorist attacks have been used as a context to
violate free speech and establish patriotic codes of behavior. For
example, in Wisconsin there is a mandated recital of the Pledge of
Allegiance and/or National Anthem in state public schools. In addition,
registration for the draft will become a prerequisite for employment
within Wisconsin higher educational institutions in 2003. Similarly, US
Veteran Vic Lancia of the Connecticut Green Party was attacked and
injured by police while peacefully protesting the war in Afghanistan and
falsely charged with inciting a riot. A freshman at Durham Tech was
investigated by the US Secret Service for allegedly having
"anti-American material." Actions such as these create an
atmosphere of political intimidation and diminish political discourse
essential to democracy.
Conclusion
Our constitutional rights are under attack in the name of
counter-terrorism. Measures to counter terrorism have exacerbated an
already hostile, fearful climate that is now stifling freedom of
expression, freedom of movement, freedom of association and other
political activities essential to a democracy. Throughout the nation
several murders, hundreds of hate crimes and other racial profiling
incidents, as well as over 1200 detentions of suspected
"terrorists" have been reported since the Sept. 11th attacks.
Such acts - whether instigated or tolerated by the state - are
unacceptable in a democratic society, and must be challenged.
Therefore, the Coordinating Committee of the Green Party of the United
States supports rescinding the PATRIOT Act of 2001. In addition, we urge
all citizens to not be intimidated by counter-terrorism measures and to
continue to exercise their hard-won constitutional freedoms. Those who
suffer violations of their civil liberties are encouraged to immediately
contact the Green Party of the United States, publicize their
experiences, and seek legal assistance from the National Lawyers Guild,
the Center for Constitutional Rights, the American Civil Liberties
Union, and other legal advocacy groups.
The 9-11 Crisis
Call for global
Green solidarity
Greens join peace coalition, Emergency
National Network
Contacts:
Nancy Allen, Media Coordinator, 207-326-4576, nallen@acadia.net
Scott McLarty, Media Coordinator, 202-518-5624, scottmclarty@yahoo.com
search:
rgt, cju, s11, trr
|
