et al.: VERDICT OF THE INTERNATIONAL TRIBUNAL ON POLITICAL PRISONERS AND VERDICT OF THE INTERNATIONAL TRIBUNAL ON POLITICAL PRISONERS AND PRISONERS OF WAR IN THE UNITED STATES* prisoners in other countries, it forcefully denies the INTRODUCTIONt existence of over 100 Political Prisoners and Prisoners of The Special International Tribunal on the Human War within its own prisons by claiming they are Rights Violations of Political Prisoners and Prisoners "terrorists". of War in the United States was held in New York City The panel of judges established parallels between the from the 7th to the 10th of December, 1990. The Tribunal struggles and the conditions of Political Prisoners and examined the situation of the national liberation move- Prisoners of War jailed in the US with those that suffer ments of the New African, Native American and Puerto imprisonment under despotic regimes such as that of Rican sectors. Sponsored by a wide coalition of over 88 South Africa, jailed for their activism against apartheid. organizations from the civic, religious, anti-imperialist, This successful event held at Hunter College includ- jurists and renowned labor and national liberation sectors, the Tribunal consid- ed the active participation of various ered the US government's conduct ironic: as the U.S. international figures: Frank Badohu, Barrister and Solicitor government proclaims itself to be a defender of human of the Supreme Court of Ghana and member of the rights in the world, demanding the freedom of political association of African Jurists in Ghana; Jawad Boulus, Palestinian lawyer; Lord Anthony Gifford, British Barrister and Member of the House of Lords; Norman Paech, Professor of Public International Law and Constitutional * Reprinted with permission. Original title "Verdict of the Law at the University of Hamburg, Germany; Jose R. Special International Tribunal on the Violation of Human Rend6n, Solicitor and Professor of Law and Political Rights of Political Prisoners and Prisoners of War in United Science at the University of San Marcos, Perti; Celina States Prisons and Jails." Hunter College, New York City, Romany, Professor of Jurisprudence and Human Rights at December 7-10, 1990. City University of New York Law School; Toshi Yuki t Reprinted with permission from La Patria Radical, Janu- ary 1991, with minor modifications. Tanaka, Professor of Political Science at University of Melbourne, Australia; George Wald, Professor Emeritus of Published by Yale Law School Legal Scholarship Repository, 1991 1 Yale Journal of Law and Liberation, Vol. 2 [1991], Iss. 1, Art. 7 Law and Liberation Biology at Harvard University, and winner of the Nobel Janet Holloway Africa, Janine Phillips Africa, Merle Aus- Prize in biology. The event was coordinated by Dr. Luis tin Africa, Michael Hill Africa, Ramona Johnson Africa, Nieves Falc6n, renowned sociologist, lawyer, writer, and Sue Leon Africa, William Phillips Africa, Alberto Aranda, member of the Pen Club. Abdul Aziz, Silvia Baraldini, Herman Bell, Hayde6 At the start of the Tribunal, attended by more than Beltrin, Alan Berkman, Hanif Shabazz Bey, Timothy 1200 persons from 10 countries of every continent and 15 Blunk, Kathy Boudin, Marilyn Buck, Antonio Camacho states of the US, the above-mentioned jurists stated that Negr6n, Judy Clark, Mark Cook, Edwin Cortts, Barbara the Tribunal claimed jurisdiction under international law Curzi-Laaman, Standing Deer, Joseph Doherty, Dorothy approved by international organs, specifically Resolution Eber, Jerry Ebner, Malik E1-Amin, Elizam Escobar, Linda 1503 (XLVIII) approved by the Economic and Social Evans, Herman Ferguson, Ana Maria Gelabert, Larry Council of the United Nations. It should be noted that the Giddings, David Gilbert, Jennifer Haines, Basheer necessary steps were taken to address the petitioners as Hameed, Abdul Haqq, Eddie Hatcher, Robert Seth Hayes, well as to inform the government of the United States and Teddy (Jah) Heath, Alvaro Luna Hernindez, Mumia Abu its political subdivisions in question that they could pres- Jamal, Ricardo Jimtnez, Raphael Kwesi Joseph, Fr. Carl ent testimony on their behalf. Kabat, Sekou Kambui, Yu Kikumura, Mohaman Koti, Following the presentation and review of the numer- Jaan Laaman, Richard Mafundi Lake, Mondo Langa, ous documents provided to the jurists, and after hearing Malike Shakur Latine, Raymond Luc Levasseur, Oscar testimony of various representatives of the national L6pez-Rivera, Ruchell Cinque Magee, Adbul Majid, Carol liberation struggles, including the Puerto Rican National Manning, Thomas Manning, Adolfo Matos, Ed Mead, Jalil Hero, Rafael Cancel Miranda, the Tribunal declared that A. Muntaqin, Sekou Odinga, Dylcia Pagin, Leonard the US government must follow the same international Peltier, Richard Picarello, Hugo Pinell, Geronimo ji-Jaga laws and principles that it demands from other nations of Pratt, Ahmad Abdur Rahman, Alberto Rodriguez, Alicia the world; that the US government's denial of the Rodriquez, Lucy Rodriquez, Luis Rosa, Susan Rosenberg, existence of Political Prisoners and Prisoners of War in its Mutulu Shakur, Yvonne Small, Robert Taylor, Carlos jails, and its consequent deprivation of the protection Alberto Torres, Alejandrina Torres, Kazi Toure, Gary internationally offered by these laws constitutes an outright Tyler, Sababu Na Uhuru, Carmen Valentin, Albert Nuh violation of the prisoners' human rights. Therefore, this Washington, Laura Whitehorn, Richard Williams honorable body of jurists recommended the "rectification POLITICAL PRISONERS AND PRISONERS OF WAR by the government of the US on this matter and IN THE UNITED STATES recommended the international community draw attention PETITIONERS, and make statements on this point." -against- The verdict put forward by the jurists describes the THE GOVERNMENT OF THE UNITED STATES OF legal and social situation of the groups that made AMERICA, accusations against the US government regarding viola- GEORGE BUSH, PRESIDENT, tions of their human rights. Regarding Puerto Rico, the RICHARD THORNBURGH, ATTORNEY GENERAL, tribunal adopted the verdict of the Permanent People's WILLIAM SESSIONS, DIRECTOR OF THE FEDERAL Tribunal in Barcelona, Spain during 1989. The Tribunal BUREAU OF INVESTIGATION, also extended recognition of Prisoners of War status to WILLIAM WEBSTER, DIRECTOR OF THE CENTRAL those members of the FALN (Armed Forces for National INTELLIGENCE AGENCY, Liberation) jailed in the US. MICHAEL QUINLAN, DIRECTOR OF THE BUREAU The Tribunal ruled that they are anti-colonial com- OF PRISONS, batants captured in the course of their struggle for nation- THE DIRECTOR OF THE FEDERAL PAROLE BOARD, al liberation, as stipulated in Article I, Paragraph 4 of the THE GOVERNORS, DIRECTORS OF THE PRISONS Additional Protocol to the Geneva Convention of 1949. AND DIRECTORS OF THE PAROLE BOARDS OF The Tribunal also indicated that the US government re- EACH STATE WHEREIN POLITICAL PRISONERS OR fuses to recognize this status based on the claim that it is PRISONERS OF WAR ARE INCARCERATED: not a signatory to the Additional Protocol. The Tribunal demanded and advocated the immediate Defendants. excarceration of the Puerto Rican POWs and demanded their transfer to a neutral country. PETITIONERS DO HEREBY CHARGE THE With the verdict and the spirit of solidarity with the ABOVE-NAMED DEFENDANTS AS FOLLOWS: more than 100 political prisoners in US prisons that char- SUMMARY OF CHARGES acterized this event, the struggle for their unconditional 1. The above named defendants and their predecessors' amnesty enters a new internationalized stage. The judg- are charged with the denial of self-determination, failure ment will soon be presented in Geneva, at the Human to comply with fundamental laws and principles of inter- Rights Commission of the United Nations. national law and human rights, and using their criminal justice system to imprison and repress those who seek THE COMPLAINT Sundiata Acoli, Alberta Wicker Africa, Carlos Perez Afri- ca, Charles Sims Africa, Consuella Dotson Africa, Delbert 1. Hereinafter defendants means defendants' and their prede- Orr Africa, Debbi Sims Africa, Edward Goodman Africa, cessors. https://digitalcommons.law.yale.edu/yjll/vol2/iss1/7 2 et al.: VERDICT OF THE INTERNATIONAL TRIBUNAL ON POLITICAL PRISONERS AND Verdict national liberation and/or oppose US foreign and domestic policies. The indictment also charges the defendants with illegal and arbitrary arrests and detentions, denial of fair trials, cruel, inhuman and degrading treatment of prisoners and conspiracy to commit the above acts. JURISDICTION 2. Jurisdiction is conferred on this Tribunal pursuant to accepted principles of international law approved and adopted by the world community in the charter of the United Nations and utilized by the world community in convening such extraordinary tribunals as that convened in Nuremburg in 1949. Jurisdiction to hear the crimes al- leged herein is also inherent in those provisions of Inter- national Law set forth in paragraphs 16-18 herein. 3. Petitioners are presently incarcerated because they oppose the colonial, imperialist, racist, repressive, authoritarian, militaristic, sexist or homophobic conduct of the United States government or are involved in a national liberation struggle. 4. Petitioners have been denied or deprived of all avail- able remedies within the US judicial system and therefore Credit-Raid Herndndez Mercado. appeal to the International Community pursuant to accept- ed principles of international law and fundamental