Tag: Article 5 (b)

July 2023 Public Statement: Condemning Racial Profiling and Police Brutality Against African Americans

July 2023 Public Statement: Condemning Racial Profiling and Police Brutality Against African Americans

July 2023 Public Statement: Condemning Racial Profiling and Police Brutality Against African Americans

I am deeply concerned about the recent instances of racial profiling and police brutality targeting African Americans in the US. I condemn these acts of discrimination and violence, recognizing that they not only violate basic human rights but also contradict the principles enshrined in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

The ICERD, a legally binding instrument ratified by the US in 1994, explicitly prohibits racial discrimination in all its forms. It emphasizes the equal rights and dignity of all individuals, irrespective of their race, color, descent, national or ethnic origin. It is disheartening to witness across social media platforms, the persistent instances where these principles are disregarded, leading to devastating consequences for marginalized communities, particularly African Americans.

We must acknowledge that these incidents are not isolated events but are indicative of systemic issues deeply rooted in society. Structural racism and biases have perpetuated a system that disproportionately affects African Americans, leading to unequal treatment, unjust arrests, and excessive use of force by law enforcement agencies.

In 2021, Los Angeles police tased documentarian Damien Smith in his home, mistaking him for a burglar. The next year body-worn camera footage show Paterson police shoot Khalif Cooper in his lower back, paralyzing him for life. Earlier this year, on June 2, 2023, Alabama police tased an unarmed African American to death after mistaking him for a burglar. Reports also surfaced this month that Northwoods police officer broke a man’s jaw with a baton, leaving him in Kinloch. Further, an American uploaded a video of a police officer giving him a warning because he was going 65 mph in a 70 mph speed limit.

Such practices erode trust between communities and the authorities, perpetuating a cycle of fear, discrimination, and violence. Indeed, the practices of racial profiling are raised with some regularity before the CERD Committee. General recommendation 31 urges State parties to take all necessary steps ‘to prevent questioning, arrests and searches which are in reality, based on the physical appearance of a person, that persons’ color or features or membership of a racial or ethnic group.’

The Committee further stated that racial or ethnic profiling against individuals of African descent (CERD/C/PAN/CO/15-20, para. 21) is regarded as dangerous in that it promotes racial prejudice or stereotypes (CERD/C/IRL/CO/3-4, para. 18).

As a Human Rights Defender committed to the promotion of equality, diversity, and inclusivity, I stand in solidarity with the African American community in the US and all those who have been victims of racial profiling and police brutality. I recognize the urgent need for immediate action to address these systemic challenges and create meaningful change.

To this end, I call upon the following actions:

1. Accountability and Transparency: Law enforcement agencies must be held accountable for any violations of human rights, including racial profiling and the use of excessive force. There should be transparent investigations into all incidents, and perpetrators must face appropriate legal consequences.

2. Training and Education: Comprehensive anti-racism and de-escalation training programs should be implemented for law enforcement officers to foster cultural sensitivity, emphasize human rights, and promote fair and unbiased practices. I further call upon the US to strongly consider implementing a new de-escalation unit in the nation.

3. Community Engagement: Officers must be willing to take the initiative to promote dialogue and foster trust between community members and law enforcement agencies They must also encourage open communication channels, establish community oversight mechanisms, and involve community leaders in shaping policing policies.

4. Policy Reforms: Advocate for the implementation of policies, such as repeal of the qualified immunity doctrine, that address systemic racism and bias within the criminal justice system. This further includes reviewing and revising policies such as stop-and-frisk, use of force, and racial profiling, with a focus on eliminating discriminatory practices.

5. Data Collection and Analysis: Allegations of police violence or misconduct haved trouble the Committee, who criticized the absence of independent monitoring mechanisms with powers to investigate complaints of misconduct. Therefore, I call on the US to enhance data collection on racial profiling incidents and use the information to monitor trends, identify areas of concern, and develop evidence-based policies and strategies to combat racial discrimination.

6. Collaborative Efforts: Encourage collaboration between government entities, civil society organizations, and community stakeholders to develop comprehensive strategies that tackle systemic racism, promote social justice, and ensure equal protection under the law for all.

I believe that it is our collective responsibility to address racial profiling and police brutality in order to build a more just, inclusive, and equitable society. Let us stand united against racism and discrimination, working hand in hand to create a future where fundamental human rights are respected, irrespective of one’s race or ethnicity.

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Police Who Assaulted Black Trans Woman Serves No Time in Jail

Kansas City Police Officer Violates His Oath to Serve and Protect When He Battered Black Trans Woman

Kansas City Police Officer Violates His Oath to Serve and Protect When He Battered Black Trans Woman

In May 2019, a shop owner had a confrontation with Breonna “BB” Hill, a Black trans woman residing in Kansas, Missouri. Hill sought to resolve the dispute and contacted the Kansas Police. Soon after, officers Charles Prichard and Matthew Brummett arrived on scene.

Rather than conducting a thorough investigation into Hill’s complaint, Brummett and Prichard slammed Hill to the ground, handcuffed her and kneed on her neck. Brummett and Prichard can also be seen slamming Hill’s head onto the concrete and pulling her hands above her head.

Police Who Assaulted Black Trans Woman Serves No Time in Jail
Courtesy of Google

Roderick Reed, the individual who recorded the incident, continued to record Brummett and Prichard while they assaulted Hill. However, this resulted in Kansas Police charging Reed with a “municipal violation” for not obeying an officer’s commands.

Kansas Police eventually charged both officers with a misdemeanor but this charge was upgraded to a felony third-degree assault after the video of their assault against Hill went viral.

Five months after the officer’s assault, reports surfaced that a man named Allan Robinson shot Hill. Police initially charged Robinson with one felony count of unlawful use of a weapon. However, this count was reduced because prosecutors were of the opinion that Robinson shot Hill in self-defense.

Missouri is a state that does not prohibit the use of the Trans Panic defense. According to the American Bar Association, the Trans Panic legal defense legitimses and excuses violent and lethal behaviour against trans people. This defense has also been used on numerous occasions before a suspect reaches a jury, which shifts the burden to trans persons, who then must show they did not provoke the suspect’s violent reaction. While it is obvious to some, most do not see how this defense criminalises trans bodies in the United States.

In November 2022, a United States judge ruled that both officers did not have to serve time in jail.

Kansas City Police Officer Violates His Oath to Serve and Protect When He Battered Black Trans Woman. Why Violence Against Trans Women Persists in the U.S.

When LGBTQ+ organizations fail to speak up for trans women, the LGBTQ+ community is fractured by distrust. In keeping with my thoughts in Is Trans Community Support Disappearing?, when the LGBTQ+ community are silent on the harms against trans women, they lose of critical source of moral and epistemic support within their own community—either through support withdrawal or death.

Hill’s death, in my opinion, is another ghastly case of what I call the Zaru Effect—when law enforcement officers close their eyes to harms perpetuated by private actors against trans women. It also involves law enforcement’s arrest of trans women for making complaints, and their failure to speak out against abuses that either causes the physical and sexual assault, or the incarceration and death of trans women.

Defenseless School-girl in New York is Beaten By Adult NYPD Male Police Officer

Defenseless School-girl in New York is Beaten By Adult Male NYPD Police Officer

Breaking News (Cork, Ireland)-Defenseless School-girl in New York is Beaten By Adult Male NYPD Police Officer

Rafael Shimunov, a political activist in Queens, New York, Tweeted a video of a New York Police Department officer pummeling a 12-year-old girl near Edwin Markham Middle School.

A girl is heard in the video saying “He’s hitting her?! He’s hitting her?” while the NYPD police officer pummels, what appears to be a Black American girl, on the skull several times. Girls attempt to break the girl free of the officer’s grip, but are unsuccessful.

Defenseless School-girl in New York is Beaten By Adult Male NYPD Police Officer. Is There A Trend?

In the U.S., law enforcement officers have a terrifying history of arresting and brutalizing Black girls. In 2015, an officer in McKinney, Texas is seen throwing a bikini wearing Black teenage girl to the ground. The video also depicts the officer placing his knee on her back while he handcuffs her. A similar incident happened to an 18-year-old Black girl in 2016, where a D.C. police knocked her to the ground and arrested her. During the same year, a police officer in Maryland pepper-sprayed and handcuffed a 15-year-old Black girl.

Michelle S. Jacobs retells numerous incidents much like the present one in her paper The Violent State: Black Women’s Invisible Struggle Against Police Violence (2017).

According to Jacobs, “all incidents revolve around Black girls “talking back” to the police or being so-called “loud.”” Jacobs further points out that in the U.S. “Black girls are likened more to adults than to children and are treated as if they are willfully engaging in behaviors typically expected of Black women.”

For example, a Metropolitan Police Department was forced to acknowledge that they arrested an 11-year-old Black girl when she came to report she had been raped. Even though the girl had signs of sexual trauma, much like the Baltimore incident, the police charged her with filing a false police report. These incidents undoubtedly show the precarious circumstances Black girls and women face in their encounters with law enforcement, and further demonstrate Black Oppression Still Persists in America.

The officer in the present incident has been suspended. No information as to whether NYPD will bring charges against the officer.

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