Behind bars: asylum-seekers jailed without cause Everyone has the right to seek asylum if they are forced to flee their country to escape persecution. Yet US authorities persistently violate the fundamental human rights of asylum-seekers by detaining them when they seek asylum.     Asylum-seekers are not criminals, but an increasing number are treated like criminals when they arrive in the USA to seek sanctuary. They are placed behind bars with criminal prisoners; they may be stripped and searched, shackled and chained; some are verbally or physically abused. They do not know when they will be released.     International standards require that the detention of asylum-seekers should normally be avoided. Asylum-seekers should only be detained for legitimate reasons, when other measures short of detention will not suffice, and for no longer than absolutely necessary. Yet many asylum-seekers are detained for long periods in the USA, in breach of these standards. A new US immigration act passed in 1996 led to a sharp rise in such detentions and increased the risk that refugees may be returned to countries where they will be in danger of imprisonment, torture or death.     Conditions have deteriorated in many detention centres used by the Immigration and Naturalization Service (INS) under the pressure of rising numbers of detainees. While conditions are not always harsh, Amnesty International knows of asylum-seekers who have been held for long periods in overcrowded cells without access to daylight or exercise facilities. Some asylum-seekers face frequent strip searches and are shackled and cuffed if they are taken to hearings or appointments outside the jail or detention centre.     One asylum-seeker held in a county jail told Amnesty International that she was frequently threatened by her fellow inmates, was made to sleep on the floor for two months and felt at risk of sexual assault from inmates. Others reported that they were given only one change of prison clothing a month, were not given soap and were placed in solitary confinement for minor transgressions of prison rules that they did not understand.     The USA has no national system to oversee and hold accountable those responsible for the detention and treatment of asylum-seekers. Asylum-seekers are held, together with other detainees or convicted criminals, in INS detention centres, private detention centres, prisons and jails. Immigration officials have admitted that they cannot guarantee conditions for asylum-seekers held in jails.

Detainees at the Port Isabel, Texas INS facility © Barbara Karl/SND

Asylum-seekers are entitled to help with their cases. Yet they are frequently not given access to visitors, to lawyers, to assistance in a language they understand and to help from non-governmental organizations. Some even face obstacles in making telephone calls or receiving letters. They are in a new country, in an often frightening environment, and cut off from relatives, friends, lawyers and outside help. There is no guarantee that their detention will be reviewed —- practice varies from place to place within the USA and even where asylum-seekers do have their detention reviewed, few are released within a reasonable time. The asylum-seeker often does not have adequate legal representation when such critical decisions are made. Even children who have been through the trauma of being driven from their home countries are not given the help they need. Some are separated from their families; some are held in juvenile detention centres with juvenile offenders, which is appalling treatment for such children. The USA has spoken out strongly on behalf of refugees seeking asylum in other countries. It should live up to its international obligations towards asylum-seekers and provide a safe haven to those who flee to the USA for safety.

‘Everyone says America is the place for human rights. I thought maybe I had arrived in the wrong country.' Hawa Abdi Jama, a Somali refugee who was detained in harsh conditions for 14 months before she was granted asylum

 

Turn words into action "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the Pursuit of Happiness..." The United States of America declared its independence with this resounding affirmation of human rights. It has repeatedly proclaimed its commitment to human rights at home and abroad. The reality for many in the USA can be very different. For the poor, for Latinos, blacks and other minorities, justice and equality are often denied, the right to life and liberty frequently abused. Police brutality is a daily occurrence. Ill- treatment, even torture, takes place in prisons across the country. Condemned prisoners are executed after unfair trials. The US authorities have failed to stamp out these widespread violations of human rights. The US government uses the language of international law, human rights and democratic values to justify its policies. Yet the USA has often been reluctant to allow its own record to be scrutinized by the international community and has been selective in its defence of human rights abroad, keen to criticize its enemies but less willing to speak out about abuses by its allies. This campaign aims to support the struggle for the human rights of all in the USA. Its goal is to make the US federal, state and local authorities more accountable for human rights violations. Every voice counts. Join us in our campaign. Every voice counts Join us in our campaign

Write to: President Bill Clinton The White House Office of the President 1600 Pennsylvania Avenue Washington DC 20500 USA Amnesty International is a worldwide voluntary human rights movement that campaigns for the release of prisoners of conscience, fair trials for political prisoners, and an end to torture and the death penalty, "disappearances" and political killings all over the world. Amnesty International works impartially to promote all the human rights enshrined in the Universal Declaration of Human Rights and other international standards. For more information about Amnesty International and our campaign to counter human rights violations in the USA, contact Amnesty International in your country or write to: Amnesty International International Secretariat 1 Easton Street London WC1X 8DJ United Kingdom Other Appeals: Police brutality The Death Penalty Torture of prisoners