Full text of Human Rights Record of the U.S. in 2005
(Xinhua)
Updated: 2006-03-09 11:47

II. On Infringements upon Human Rights by Law Enforcement and Judicial Organs

There exist serious infringements upon personal rights and freedoms by law enforcement and judicial organs in the United States.

Secret snooping is prevalent and illegal detention occurs from time to time. The recently disclosed Snoopgate scandal has aroused keen attention of the public in the United States. After the Sept.11, 2001 terrorist attacks, the U.S. President has for dozens of times authorized the National Security Agency and other departments to wiretap some domestic phone calls. With this authorization, the National Security Agency may conduct surveillance over phone calls and e-mails of 500 U.S. citizens at a time. It is reported that from 2002 through 2004, there were at least 287 cases in which special agents of FBI were suspected of illegally conducting electronic surveillance. In one of the cases,a FBI agent conducted secret surveillance of an American citizen for five years without notifying the U.S. Department of Justice. On Dec. 21, 2005, the U.S. Senate voted to extend the Patriot Act,a move that aroused keen concern of public opinion. The law makes it easier for FBI agents to monitor phone calls and e-mails, to search homes and offices, and to obtain the business records of terrorism suspects. (Senate Votes to Extend Patriotic Act for 6 Months, The Washington Post, Dec. 22, 2005). According to a reportof the U.S. National Broadcasting Company on Dec. 13, 2005, the U.S. Defense Department had been secretly collecting information about U.S. citizens opposing the Iraq war and secretly monitoring all meetings for peace and against the war. According to a report of the New York Times, in recent years, FBI had been collecting information on large numbers of non-governmental organizations that participated in anti-war demonstrations everywhere in the United States through its monitoring network and other channels. The volume of collected information is stunning. (The Fog of FalseChoices, The New York Times, Editorial, Dec. 20, 2005). Among it, there are 2,400 pages of information on Greenpeace, an environmental group. On Jan. 9, 2006, a spokeswoman for the U.S. Bureau of Customs and Border Protection announced that in the "anti-terrorism" fight the U.S. customs has the right to open and inspect incoming private letters, which again sparked protests. (The AP, Jan. 9, 2006.) On Jan. 17, 2006, the American Civil Liberties Union and the New York-based Center for Constitutional Rights separately filed suits in U.S. district court for eastern Michigan and a federal court against the U.S. President and heads of security agencies for spying on U.S. citizens.

Police abuse is also very common in the United States. According to a report of the Los Angeles Times on July 14, 2005, Los Angeles police shot dead the 19-month-old daughter of a suspect when trying to arrest the suspect, which triggered public outcry. On Oct. 9, five New Orleans police officers battered a 64-year-old retired teacher on the street while trying to arrest him, and he suffered injuries. (AP, Oct. 9, 2005) The incident caught the attention of public opinion. On Dec. 26, a New Orleans Police officer fired at least six shots at a black man carrying a knife and killed him. Cases of police abuse are usually hard to get just settlement. According to a report of the Los Angeles Times on March 31, 2005, only eight out of more than 200 charges against police mistreatment and abuse were resolved, and the rest were either shelved or settled privately.

There exist obvious injustice and frequent rights infringements in the judiciary system. In 2005, the U.S. media disclosed several cases of citizens wrongly convicted. After 24 years in prison, Robert Clark Jr. from Georgia was released after a DNA test proved him innocent. Clark's was one of the longest incarcerations served by the 164 people who have been exonerated by DNA testing. (After 24 Years in Prison, Man Has a Reason to Smile, the New York Times,Dec. 8, 2005). On the night of Dec. 21, 2005, the CNN Larry King Live program interviewed four convicted felons that have recently been proven innocent by DNA evidence after having stayed more than 10 years behind bars. Well-known Los Angeles criminal defense attorney Mark Geragos said during the program that he had seen studies that there are up to 20 percent of wrongful convictions inthe United States. (Many Convicted Felons Have Been Proven Innocent by DNA Evidence, CNN Larry King Live, Aired Dec. 21, 2005.) A report of the U.S. Death Penalty Information Center released in October 2005 said the U.S. death penalty system is "woefully short of justice," because of "misconduct in misinforming the juries." (AFP, Oct. 18, 2005)