A-Infos (en) Who qualifies as human?

[Dave <davehart@ioa.com>]

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Human Rights and the Drug War
by Mikki Norris

For six weeks beginning May 7, The San Francisco Public Library will
host "Human Rights and the Drug War," a powerful exhibit using
photographs of 100 current prisoners and their families to put a human
face on policy.

The exhibit coincides with the 50th Anniversary of the UN Declaration of
Human Rights, a document intended to set a standard for the policies of
all nations. In practice, human rights abuses have largely been
considered to be an exclusive problem of Second and Third World nations,
with the Western Democracies, particularly the United States, assumed
exempt from consideration. If that assumption is set aside, the war on
drugs is found to be a source of serious human rights abuse within our
own borders:

Article 5: "No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment." The Eighth Amendment to the US
Constitution also forbids cruel and unusual punishment, including
excessive bail and fines.

US drug policy requires Draconian mandatory sentences disproportionate
to the offense. Federal mandatory minimums sentence first-time
nonviolent drug offenders to terms from five years to life without
parole- longer terms than violent criminals convicted of murder, rape or
robbery (who retain eligibility for parole).

Article 10: "Everyone is entitled in full equality to a fair and public
hearing by an in dependent and impartial tribunal, in the determination
of his rights and obligations and of any criminal charge against him."
The US Constitution also guarantees a jury trial for both criminal
(Sixth Amendment) and non-trivial civil suits (Seventh Amendment).

Sentencing guidelines and mandatory minimum laws tie judges hands; the
nature of drug "crime" dictates that physical evidence be replaced by
hearsay testimony; charges of "conspiracy," in which each person is
liable for the entire offense regardless of involvement, favor plea
bargaining over public trial.

Recent Supreme Court interpretation of civil asset forfeiture law allows
one's life savings to be seized without charge of a crime; property
under $500,000 can be forfeited administratively through summary
judgment without judicial proceedings or jury trial. An accused, thus
impoverished on the eve of his criminal trial may be unable to afford a
lawyer. (161)

Article 12: "No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence, nor to attacks upon his
honor and reputation. Everyone has the right to the protection of the
law against such interference or attacks." The US Fourth Amendment
protects people from "unreasonable searches and seizures" by requiring
that "no Warrants shall issue, but upon probable cause supported by Oath
or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized."

Zealous drug policy enforcement has increasingly caused US citizens to
suffer loss of privacy: phone taps, urine testing, computer, garbage and
mail searches, searches of bank records and utility bills- even
infra-red scanning of dwellings. Employees are subject to random drug
testing without probable cause or warrant. There are police drug sweeps
of neighborhoods which block public roadways and detain search people
and vehicles with dogs.

Fitting a "profile' stereotype such as racial or ethnic appearance, hair
length, auto bumper stickers, etc. may single one out for harassment.
Possession of $100 cash may be reason for police seizure as suspected
drug income. Buying garden supplies from a store under police
surveillance has led to a home search. "Drug" warrants are issued on
hearsay evidence and served with battering rams. (216)

Article 16.3: "The family is the natural and fundamental group unit of
society and is entitled to protection by society and the state." The US
Fourth Amendment lists "The right of the people to be secure in their
persons, houses, papers, and effects."

Families are major casualties of the Drug War. Children are traumatized
by seeing their parents handcuffed face down on the floor while angry,
armed men in dark suits brandish weapons and tear up the house. They are
also injured when the family car, home, and bank accounts are taken, or
when parents are sent to prison for decades. How do parents support a
family from prison, financially or emotionally? How can an inner city
community survive with a third of its adult male population stigmatized
by a criminal record? (131)

by Mikki Norris
Human Rights and the Drug War (aka HR 95)
http://www.hr95.org/
PO Box 1716, El Cerrito CA 94530.



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