[Nonviolenza] La voce dell'Onu e la voce di Amnesty International. Un secondo contributo all'appello "Portiamo a compimento l'iniziativa di David Sassoli per la liberazione di Leonard Peltier"

[Centro di ricerca per la pace Centro di ricerca per la pace <centropacevt at gmail.com>]

LA VOCE DELL'ONU E LA VOCE DI AMNESTY INTERNATIONAL. UN SECONDO CONTRIBUTO ALL'APPELLO "PORTIAMO A COMPIMENTO L'INIZIATIVA DI DAVID SASSOLI PER LA LIBERAZIONE DI LEONARD PELTIER"

Abbiamo promosso alcuni giorni fa l'appello "Portiamo a compimento l'iniziativa di David Sassoli per la liberazione di Leonard Peltier".
Diffondiamo oggi, come secondo contributo documentario, due testi particolarmente significativi:
a) un estratto dal documento dell'Onu dell'8 aprile 2022;
b) l'appello di Amnesty International del 3 aprile 2023.
Riproponiamo infine il testo dell'appello "Portiamo a compimento l'iniziativa di David Sassoli per la liberazione di Leonard Peltier" al quale invitiamo ancora una volta ad aderire.
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a) Un estratto dal documento dell'Onu dell'8 aprile 2022
Human Rights Council
Working Group on Arbitrary Detention
Opinions adopted by the Working Group on Arbitrary Detention at its ninety-third session, 30 March–8 April 2022
Opinion No. 7/2022 concerning Leonard Peltier (United States of America)
1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the Commission on Human Rights. In its resolution 1997/50, the Commission extended and clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251 and Human Rights Council decision 1/102, the Council assumed the mandate of the Commission. The Council most recently extended the mandate of the Working Group for a three-year period in its resolution 42/22.
2. In accordance with its methods of work (1), on 10 December 2021 the Working Group transmitted to the Government of the United States of America a communication concerning Leonard Peltier. The Government replied to the communication on 11 February 2022. The State is a party to the International Covenant on Civil and Political Rights.
3. The Working Group regards deprivation of liberty as arbitrary in the following cases:
(a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to him or her) (category I);
(b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the Covenant (category II);
(c) When the total or partial non-observance of the international norms relating to the right to a fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an arbitrary character (category III);
(d) When asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without the possibility of administrative or judicial review or remedy (category IV);
(e) When the deprivation of liberty constitutes a violation of international law on the grounds of discrimination based on birth, national, ethnic or social origin, language, religion, economic condition, political or other opinion, gender, sexual orientation, disability, or any other status, that aims towards or can result in ignoring the equality of human beings (category V).
(...)
Disposition
101. In the light of the foregoing, the Working Group renders the following opinion:
The deprivation of liberty of Leonard Peltier, being in contravention of articles 2, 7 and 9 of the Universal Declaration of Human Rights and articles 2 (1), 9 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories III and V.
102. The Working Group requests the Government of the United States to take the steps necessary to remedy the situation of Mr. Peltier without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
103. The Working Group considers that, taking into account all the circumstances of the case, including the risk to Mr. Peltier's health, the appropriate remedy would be to release Mr. Peltier immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law (48). In the current context of the COVID-19 pandemic and the threat that it poses in places of detention, the Working Group calls upon the Government to take urgent action to ensure the immediate release of Mr. Peltier.
104. The Working Group urges the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary detention of Mr. Peltier and to take appropriate measures against those responsible for the violation of his rights.
105. In accordance with paragraph 33 (a) of its methods of work, the Working Group refers the present case to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, the Independent Expert on the enjoyment of all human rights by older persons, and the Special Rapporteur on the rights of indigenous peoples, for appropriate action.
106. The Working Group requests the Government to disseminate the present opinion through all available means and as widely as possible.
Follow-up procedure
107. In accordance with paragraph 20 of its methods of work, the Working Group requests the source and the Government to provide it with information on action taken in follow-up to the recommendations made in the present opinion, including:
(a) Whether Mr. Peltier been released and, if so, on what date;
(b) Whether compensation or other reparations have been made to Mr. Peltier;
(c) Whether an investigation has been conducted into the violation of Mr. Peltier's rights and, if so, the outcome of the investigation;
(d) Whether any legislative amendments or changes in practice have been made to harmonize the laws and practices of the United States with its international obligations in line with the present opinion;
(e) Whether any other action has been taken to implement the present opinion.
108. The Government is invited to inform the Working Group of any difficulties it may have encountered in implementing the recommendations made in the present opinion and whether further technical assistance is required, for example through a visit by the Working Group.
109. The Working Group requests the source and the Government to provide the abovementioned information within six months of the date of transmission of the present opinion. However, the Working Group reserves the right to take its own action in follow-up to the opinion if new concerns in relation to the case are brought to its attention. Such action would enable the Working Group to inform the Human Rights Council of progress made in implementing its recommendations, as well as any failure to take action.
110. The Working Group recalls that the Human Rights Council has encouraged all States to cooperate with the Working Group and has requested them to take account of its views and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty, and to inform the Working Group of the steps they have taken (49).
[Adopted on 30 March 2022]
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b) L'appello di Amnesty International del 3 aprile 2023: Urge clemency for native american activist
3 April 2023
URGENT ACTION
URGE CLEMENCY FOR NATIVE AMERICAN ACTIVIST
Native American activist Leonard Peltier has been imprisoned in the USA for over 46 years, some of which was spent in solitary confinement, serving two life sentences for murder despite concerns over the fairness of his trial. He has always maintained his innocence. Now 78 years old, he contracted COVID-19 in 2022 and suffers from several chronic health ailments, including one that is potentially fatal. Not eligible for parole again until 2024, his lawyers submitted a new petition for clemency in 2021. President Biden must grant Leonard Peltier clemency on humanitarian grounds and as a matter of justice.
TAKE ACTION: WRITE AN APPEAL IN YOUR OWN WORDS OR USE THIS MODEL LETTER
President Joseph Biden
The White House
1600 Pennsylvania Ave NW
Washington, DC 20500
USA
White House Comment line: (202) 456-1111
Webform*: https://www.whitehouse.gov/contact/
* A US-based address is needed for the White House webform.
International action takers, please use AI USA's address when filling out:
Amnesty International USA
311 West 43rd St. 7th Floor,
New York, NY 10036 USA
Dear President Biden,
Leonard Peltier is a member of the American Indian Movement (AIM), which promotes Native American rights. In 1975, during a confrontation involving AIM members, two FBI agents were killed. Leonard Peltier was convicted of their murders but has always denied killing the agents.
There are serious concerns about the fairness of proceedings leading to his trial and conviction, including for example the prosecution's withholding of evidence that might have assisted Leonard Peltier's defence.
In light of these concerns, the former US Attorney who supervised the prosecution team post-trial, James Reynolds, has since called for clemency.
Leonard Peltier is now 78 years old, has spent more than 46 years in US prisons, and has been repeatedly denied parole. There are serious concerns about Leonard Peltier's deteriorating health, including potential re-exposure to COVID-19. His lawyers submitted a new petition for clemency in 2021.
I urge you to grant Leonard Peltier clemency on humanitarian grounds and as a matter of justice.
Yours sincerely,
ADDITIONAL INFORMATION
Leonard Peltier, an Anishinaabe-Lakota Native American, was a member of the American Indian Movement (AIM), which promotes Native American rights. On 26 June 1975, during a confrontation involving AIM members on the Pine Ridge Indian reservation in South Dakota, FBI agents Ronald Williams and Jack Coler were shot dead. Leonard Peltier was convicted of their murders in 1977 and sentenced to two consecutive life sentences. Leonard Peltier has always denied killing the agents.
A key alleged eyewitness to the shootings was Myrtle Poor Bear, a Lakota Native woman who lived at Pine Ridge. Based on her statement that she saw Leonard Peltier kill both FBI agents, Leonard Peltier was extradited from Canada, where he had fled following the shootings. However, Myrtle Poor Bear later retracted her testimony. Although not called as a prosecution witness at trial, the trial judge refused to allow Leonard Peltier's attorneys to call Myrtle Poor Bear as a defense witness on the grounds that her testimony "could be highly prejudicial to the government". In 2000, Myrtle Poor Bear issued a public statement to say that her original testimony was a result of months of threats and harassment from FBI agents.
In 1980 documents were released to Leonard Peltier's lawyers as a result of a lawsuit under the Freedom of Information Act. The documents contained ballistics evidence which might have assisted Leonard Peltier's case, but which had been withheld by the prosecution at trial. However, in 1986, the U.S. Court of Appeal for the Eighth Circuit denied Leonard Peltier a retrial, stating that: "We recognize that there is some evidence in this record of improper conduct on the part of some FBI agents, but we are reluctant to impute even further improprieties to them."
The U.S. Parole Commission has always denied parole to Leonard Peltier on the grounds that he did not accept criminal responsibility for the murders of the two FBI agents. This is even though, after one such hearing, the Commission acknowledged that, "the prosecution has conceded the lack of any direct evidence that you personally participated in the executions of two FBI agents". Leonard Peltier would not be eligible for another parole hearing until 2024. Furthermore, James H. Reynolds, the US Attorney whose office handled the criminal case prosecution and appeal of Leonard Peltier, wrote that he supported clemency "in the best interest of Justice in considering the totality of all matters involved."
Leonard Peltier suffers from a variety of ailments, including kidney disease, Type 2 diabetes, high blood pressure, a heart condition, a degenerative joint disease, and constant shortness of breath and dizziness. A stroke in 1986 left him virtually blind in one eye. In January 2016, doctors diagnosed him with a life-threatening condition: a large and potentially fatal abdominal aortic aneurysm that could rupture at any time and would result in his death. He currently uses a walker due to limited mobility and contracted COVID-19 in 2022. He continues to be at risk of re-infection while in detention.
In 2015, several Nobel Peace Prize winners—including Archbishop Desmond Tutu—called for Leonard Peltier's release. The Standing Rock Sioux Tribe and the National Congress of American Indians have also called for his release. Leonard Peltier's attorney applied for clemency to President Biden in July 2021. President Biden committed to granting clemency on a rolling basis during his administration.
However, as of February 2023, no decision has been made on his application. He has previously sought clemency, most recently from President Obama in 2016, but his petition has been denied each time.
Due to the numerous issues at trial, the exhaustion of all his legal avenues for appeal, the amount of time he has already served, his continued maintenance of innocence along with his chronic health issues, Amnesty International supports calls for clemency for Leonard Peltier.
PREFERRED LANGUAGE TO ADDRESS TARGET: English
You can also write in your own language.
PLEASE TAKE ACTION AS SOON AS POSSIBLE UNTIL: 29 May 2023
Please check with the Amnesty office in your country if you wish to send appeals after the deadline.
NAME AND PRONOUN: Leonard Peltier - He/Him
LINK TO PREVIOUS UA: https://www.amnesty.org/en/documents/amr51/5208/2022/en/
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Il testo dell'appello "Portiamo a compimento l'iniziativa di David Sassoli per la liberazione di Leonard Peltier"
Il 23 agosto 2021 David Sassoli, l'indimenticato Presidente del Parlamento Europeo che sarebbe deceduto pochi mesi dopo nel gennaio 2022, tenne una conferenza stampa in cui annuncio' il suo personale impegno per la liberazione di Leonard Peltier, l'illustre attivista nativo americano difensore dei diritti umani di tutti gli esseri umani e dell'intero mondo vivente, da quasi mezzo secolo prigioniero innocente.
L'iniziativa di David Sassoli si ricollegava idealmente a due precedenti importanti pronunciamenti del Parlamento Europeo, del 1994 e del 1999.
E si collegava anche al movimento che in Italia in quel momento riproponeva con forza l'esigenza e l'urgenza che Leonard Peltier venisse finalmente liberato.
In un suo tweet che accompagnava e sintetizzava la conferenza stampa del 23 agosto 2021 David Sassoli dichiarava, in italiano e in inglese:
"Inviero' una lettera alle autorita' statunitensi chiedendo clemenza per Leonard Peltier, attivista per i diritti umani dell'American Indian Movement, in carcere da 45 anni.
Spero che le autorita' accolgano il mio invito. I diritti umani vanno difesi sempre, ovunque".
"I will send a letter to the US authorities asking for clemency for Leonard Peltier. A human rights activist of the American Indian Movement, he has been imprisoned for 45 years.
I hope the authorities will take up my invitation. Human rights must be defended always, everywhere".
Lanciamo un appello a riprendere e portare a compimento quell'iniziativa di David Sassoli per la liberazione di Leonard Peltier.
Chiediamo a chi legge questo appello:
a) di aderirvi, inviandone notizia agli indirizzi e-mail: freepeltierviterbo at tiscali.it e centropacevt at gmail.com
b) di diffonderlo ulteriormente;
c) di scrivere direttamente al Presidente degli Stati Uniti d'America per chiedere la grazia presidenziale che restituisca la liberta' a Leonard Peltier: le lettere (il cui testo puo' anche essere semplicemente "Free Leonard Peltier") possono essere inviate attraverso la pagina web dedicata del sito della Presidenza degli Stati Uniti d'America: www.whitehouse.gov/contact/
d) di promuovere ove possibile iniziative di informazione, coscientizzazione, mobilitazione democratica e nonviolenta per la liberazione di Leonard Peltier che lo scorso 12 settembre ha compiuto 79 anni di cui 47 trascorsi in prigione da vittima innocente di una scellerata persecuzione.
Per un'informazione essenziale:
- Edda Scozza, Il coraggio d'essere indiano. Leonard Peltier prigioniero degli Stati Uniti, Erre Emme, Pomezia (Roma) 1996 (ora Roberto Massari Editore, Bolsena Vt).
- Peter Matthiessen, In the Spirit of Crazy Horse, 1980, Penguin Books, New York 1992 e successive ristampe; in edizione italiana: Peter Matthiessen, Nello spirito di Cavallo Pazzo, Frassinelli, Milano 1994.
- Leonard Peltier (con la collaborazione di Harvey Arden), Prison writings. My life is my sun dance, St. Martin's Griffin, New York 1999; in edizione italiana: Leonard Peltier, La mia danza del sole. Scritti dalla prigione, Fazi, Roma 2005.
- Jim Messerschmidt, The Trial of Leonard Peltier, South End Press, Cambridge, MA, 1983, 1989, 2002.
- Bruce E. Johansen, Encyclopedia of the American Indian Movement, Greenwood, Santa Barbara - Denver - Oxford, 2013 e piu' volte ristampata.
Nella rete telematica e' disponibile una notizia sintetica in italiano dal titolo "Alcune parole per Leonard Peltier".
Sempre nella rete telematica e' disponibile anche una piu' ampia ed approfondita bibliografia ragionata dal titolo "Dieci libri piu' uno che sarebbe bene aver letto per conoscere la vicenda di Leonard Peltier (e qualche altro minimo suggerimento bibliografico)".
Ulteriori materiali di documentazione possono essere richiesti scrivendo ai nostri indirizzi di posta elettronica: freepeltierviterbo at tiscali.it e centropacevt at gmail.com

Il Comitato viterbese per la liberazione di Leonard Peltier

Viterbo, 22 ottobre 2023

Mittente: Comitato viterbese per la liberazione di Leonard Peltier, c/o "Centro di ricerca per la pace, i diritti umani e la difesa della biosfera" di Viterbo, strada S. Barbara 9/E, 01100 Viterbo, e-mail: freepeltierviterbo at tiscali.it e centropacevt at gmail.com

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