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Island of Impunity FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT J U N E 2012 Island of Impunity PUERTO RICO’S OUTLAW POLICE FORCE Island of Impunity: Puerto R ico’s ico’s O utlaw Police Force utlaw Police FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT Island of Impunity PUERTO Rico’s OUTLAW POLICE FORCE JUNE 2012 FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT Island of Impunity: Puerto Rico’s Outlaw Police Force June 2012 American Civil Liberties Union 125 Broad Street, 18th Floor New York, NY 10004 www.aclu.org Cover Image: Betty Peña Peña and her 17-year-old daughter Eliza Ramos Peña were attacked by Riot Squad officers while they peacefully protested outside the Capitol Building. Police beat the mother and daughter with batons and pepper-sprayed them. Photo Credit: Ricardo Arduengo / AP (2010) FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT Table of Contents Glossary of Abbreviations .............................................................................................. 7 I. Executive Summary ................................................................................................. 11 II. Background: The Puerto Rico Police Department .................................................. 25 III. Shooting to Kill: Unjustified Use of Lethal Force ................................................... 31 a. Reported Killings of Civilians by the PRPD between 2007 and 2011 ......................33 b. Case Study: Miguel Cáceres Cruz ...........................................................................43 c. Case Study: Jorge Luis Polaco Jiménez .................................................................45 IV. Police Brutality against Low-Income, Black, and Dominican Communities............ 49 a. Excessive Force against Low-Income Communities ...............................................50 b. Excessive Force against Afro-Puerto Rican Communities ......................................52 c. Excessive Force and Other Police Abuse against Dominican Immigrants and Puerto Ricans of Dominican Descent ....................................................................54 V. Billy Clubs versus Speech: Excessive Force against Protesters to Suppress Speech and Expression ................................................................................ 59 a. Chilling Effect on Constitutionally Protected Speech and Expression....................61 b. Indiscriminate Use of Toxic CN Tear Gas ................................................................62 c. Indiscriminate Use of Pepper Spray ........................................................................63 d. Indiscriminate Use of Batons ..................................................................................64 e. Uncontrolled and Unregulated Use of Carotid Holds and Pressure Point Techniques ....................................................................................................................64 f. Inadequately Regulated Use of “Less-Lethal” Ammunition: Rubber Bullets, Sting Ball Grenades, and Bean Bag Bullets .................................................................65 g. Inadequately Regulated Use of Tasers ....................................................................66 h. Groping and Sexual Harassment of Female Protesters..........................................67 i. Psychological Trauma Caused by Police Abuse against Protesters ........................68 VI. Documented Cases of Police Abuse against Protesters ......................................... 71 a. Background Causes that Prompted the Wave of Protests ......................................71 b. Documented Incidents of Police Abuse against Protesters at the Capitol Building ............................................................................................................73 i. First Protest at the Capitol .................................................................................73 FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT ii. Second Protest at the Capitol ............................................................................80 c. Police Abuse against Protesting Students and Union Leaders and Members at the Sheraton Hotel....................................................................................................83 d. Documented Incidents of Police Abuse against Protesting Union Leaders and Members at Other Locations .................................................................................86 i. The Governor’s Mansion .....................................................................................86 ii. Government Development Bank for Puerto Rico ..............................................88 iii. The Supreme Court of Puerto Rico ...................................................................88 e. Documented Incidents of Police Abuse against Protesting Students at the University of Puerto Rico ..............................................................................................89 i. Avenida Universitaria ..........................................................................................89 ii. April to June 2010 Student Strike ......................................................................90 iii. December 2010 to February 2011 Student Strike ............................................91 VII. Failure to Police Crimes of Domestic Violence and Sexual Assault..................... 103 a. Failure to Prevent Intimate Partner Homicides .................................................... 103 b. Failure to Address Domestic Violence ................................................................... 113 c. Failure to Address Rape ......................................................................................... 116 d. Domestic Violence by PRPD Officers ..................................................................... 116 VIII. Total Impunity: Failure to Investigate or Punish Police Brutality ...................... 119 a. Seriously Flawed Investigation Process: Failure to Register Civilian Complaints and Investigate Reported Police Abuses ................................................ 121 b. Breakdown of the Police Disciplinary System: Failure to Hold Officers Accountable................................................................................................................ 125 c. Failure to Adequately Record, Report and Review Use of Force, Officer-Involved Shootings and Other Critical Incidents ............................................ 130 d. Failure to Prosecute Incidents of Excessive Use of Force..................................... 130 e. Anonymous Abusers: Failure to Ensure Abusive Officers Can be Identified by Victims .................................................................................................................... 131 IX. A Lawless Police Force: Lack of Guidance Governing the Use of Force, and Lack of Oversight, Training and Transparency .................................................... 133 a. Lack of Guidance Governing the Use of Force ...................................................... 134 b. Failure to Fully Implement a Standard Trigger Weight ......................................... 136 c. Lack of Independent Oversight .............................................................................. 137 FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT d. Lack of Training and Supervision .......................................................................... 138 e. Lack of Transparency: Failure to Maintain and Make Public Statistics on Police Brutality ........................................................................................................... 139 X. Relevant Constitutional and Human Rights Law ................................................... 141 a. Constitutional Standards on the Use of Force ....................................................... 141 b. Human Rights Standards on the Use of Force ...................................................... 142 c. Constitutional Standards on Freedom of Speech, Expression, and Assembly ..... 144 d. Human Rights Standards on Freedom of Speech, Expression, and Assembly ..... 147 XI. Recommendations ............................................................................................... 151 XII. Methodology and Acknowledgements ................................................................ 163 FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT 6 FINAL DRAFT - Embargoed until June 19, 2012 10 a.m. EDT Glossary of Abbreviations ACLU American Civil Liberties Union AFL-CIO American Federation of Labor and Congress of Industrial Organizations APPU Asociación de Profesores Universitarios de Puerto Rico / Puerto Rico University Professors’ Association ASPRO Asociación de Periodistas de Puerto Rico / Puerto Rico Association of Journalists ATF United States Bureau of Alcohol, Tobacco, Firearms and Explosives CAT Convention against Torture and Cruel, Inhuman or Degrading Treatment CED Conducted-Energy Device CERD International Convention on the Elimination of All Forms of Racial Discrimination CIC Cuerpo de Investigaciones Criminales / Criminal Investigation Corps CIPA Comisión de Investigación, Procesamiento y Apelación / Commission on Investigations, Processing, and Appeals DOE División de Operaciones Especiales / Special Operations Division DOJ United States Department of Justice DOT División de Operaciones Tácticas / Tactical Operations Division DTE División de Tácticas Especializadas / Specialized Tactical Division FBI Federal Bureau of
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