III. Violations of International Treaty Obligations
A. Background
The United States of America is required to honor its obligations under the Human Rights Treaties it has signed and ratified. Duly ratified treaties are part of the "supreme law of the land." US Constitution, Article VI, Clause 2.
All persons, particularly those deprived of their liberty, have a fundamental human right to appropriate medical treatment. Denial of appropriate medical treatment is a human rights issue addressed in treaties signed and ratified by the United States.
B. Specific Violations
Based on the information known to date, there is reasonable cause to believe that the United States of America may have violated seven specific provisions of the Human Rights Treaties relevant to the death of Maria Filomena Merchan Inamagua while in the custody of agents of the federal Bureau of Immigration and Customs Enforcement (BICE) in the Ramsey County Jail. We request that your investigation of this matter examine and make findings regarding the following seven treaty obligations:
*First: the United States of America has an obligation to ". . . take action in cooperation with the United Nations for the achievement of universal respect for and observance of, human rights and fundamental freedoms for all . . . ." as required by the Charter of the United Nations, Chapter IX, Articles 55c and 56.
As relates to Maria Inamagua and others similarly situated, what action has the United States taken in cooperation with the United Nations to assure respect for and observance of the basic human right to appropriate medical attention in the Ramsey County Jail? Has the United States fulfilled this treaty obligation as relates to Maria Inamagua and others similarly situated in this regard?
*Second: the United States of America has an obligation to ". . . treat all persons deprived of their liberty with humanity and with respect for the inherent dignity of the human person" as required by the International Covenant on Civil and Political Rights (ratified by the United States in 1992), Part I, Article 10.
With respect to the operation of Ramsey County Jail and the provision of medical services, has the United States fulfilled this treaty obligation as relates to Maria Inamagua and others similarly situated to treat them with humanity and respect to their inherent dignity as human persons?
*Third, with respect to the operation of Ramsey County Jail, the United States has an obligation to "prevent acts of cruel, inhuman, or degrading treatment, even when such acts do not amount to torture when such acts are committed with the acquiescence of a public official or other person acting in an official capacity" as required by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified by the United States in 1994), Part I, Article 16.
Does the failure to provide necessary medical attention in painful or potentially life‑threatening situations "degrade" the person who needs it, or is it "cruel" or "inhuman" to do so, within the meaning of the treaty? As to "knowing acquiescence", there is no question that at this point the officials at Ramsey County Jail know what the staff's response to Maria Inamagua was and to‑date, the Ramsey County Sheriff has defended the treatment Maria received as "following protocol". If no appropriate disciplinary or corrective action has been taken, and no change in the protocol has been made to avoid similar results in the future, is this not "the acquiescence of a public official or other person acting in an official capacity" within the meaning of the treaty?
* Fourth, the United States has an obligation to ensure that any individual who alleges that he has been subjected to "cruel, inhuman, or degrading treatment" in any territory under its jurisdiction has the right to complain and to have his case promptly and impartially examined as required by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Part I, Articles 13 and 16.
To‑date, no "prompt and impartial" examination/investigation has been done regarding Maria's case. Does this provision restrict the right to complain and receive a prompt and impartial investigation to persons who received the treatment? We think not since it would deny the remedy of a "prompt and impartial" investigation to all those who, as in Maria's case, actually die as a result of the alleged "cruel, inhuman, or degrading treatment".
*Fifth, the United States has an obligation to ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is a reasonable ground to believe that an act of "cruel, inhuman, or degrading treatment" has been committed in any territory under its jurisdiction as required by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Part I, Articles 12 and 16.
To‑date, no prompt and impartial investigation has been made with respect to Maria's death. Hopefully this formal request for an investigation by the Office of Inspector General (a ?competent authority") will result in one.
* Sixth, it appears that the United States has failed to keep under systematic review arrangements for the custody and treatment of persons subject to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of "cruel, inhuman, or degrading treatment" as required by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Part I, Articles 11 and 16.
Since this treaty obligation has a direct bearing on the treatment detainees receive at Ramsey County Jail, we request that the investigation document compliance or non‑compliance with this treaty obligation, whether "systematic review arrangements" called for in the treaty in the period were in effect for Ramsey County Jail prior to Maria's death and report the establishment of any systematic review arrangements subsequently put in place to prevent any future cases of "cruel, inhuman, or degrading treatment" by detainees in Ramsey County Jail.
*Seventh, the United States has an obligation to ensure that education and information regarding the prohibition against "cruel, inhuman, or degrading treatment " are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody . . . of any individual subjected to any form of arrest, detention or imprisonment; and shall also include this prohibition in the rules or instructions issued in regard to the duties and functions of any such persons as required by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Part I, Articles 10 and 16.
Since this treaty obligation has a direct bearing on the treatment detainees receive at Ramsey County Jail, we request that the investigation document compliance or non‑compliance with this treaty obligation, i.e. whether the required education and information about this particular treaty prohibition had been "fully included" on a regular basis in the training, rules, and instructions for the staff at Ramsey County Jail prior to Maria?s death as required by the treaty provision cited and, if none was included prior to her death, report when any such training, rules, and instructions were subsequently put in place to prevent any future cases of "cruel, inhuman, or degrading treatment" by detainees in Ramsey County Jail.
IV. Request to Confirm Investigation
We look forward to hearing in the near future that you have committed to undertake this investigation. There are many of us in the community of the Twin Cities and across the country and soon around the world that eagerly await this investigation. Please confirm that the scope of the investigation you will be undertaking will be consistent with the requests of this letter. We will fully cooperate with your office in bringing this investigation to thorough and public completion.
Sincerely,
Jorge Panchi, President
Encuadorian Civic Committee
Silvia Ibanez
Maria Inamagua Campaign for Justice
Peter W. Brown, President
Minnesota Chapter of the National Lawyers Guild
[1] For example, Minnesota Statutes locate the responsibility for the safekeeping and proper medical treatment of persons detained in Ramsey County Jail in the Sheriff of Ramsey County and the Ramsey County Board of Commissioners. Attachment E.
[2] A list of relevant treaty obligations undertaken by the United States and specific requests thereunder is provided in Section III of this letter. The United States has a federal structure with different levels of governing bodies (federal, state, municipal, county, etc. but is a single State under international law and has the obligation to implement the ratified Human Rights Treaties in full at the domestic level. See the United Nations? Committee Against Torture, May 18, 2006 Conclusions and Recommendations regarding the second report of the United States under Article 19 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
[3] US Constitution, Article VI, Clause 2.
[4] While Maria?s immigration, employment history and familial status have no bearing on her entitlement to protection under the cited Minnesota Statutes and the Human Rights Treaties, the following information is provided to give additional context. Nine years ago, Maria Inamagua crossed the U.S.-Mexican border without authorization to join family members in the Twin Cities, a mix of documented residents, including permanent residents and U.S. citizens. She held a series of cleaning, food service and maintenance jobs and at the time of her arrest was employed at a department-store restaurant in downtown Minneapolis. Seven years ago, Maria married Patricio Flores and they have a six-year-old daughter, Joanna. Soon after her arrival here, according to relatives, she was cited for illegally distributing fliers in mail boxes and the ensuing court summons found its way to federal immigration agents. Deportation proceedings were commenced and when she failed to meet a voluntary deportation deadline, a warrant was issued in 1998, according totem Counts, a spokesman for the U.S. Immigration and Customs Office in Bloomington, Minnesota.
Please email the following letter or one like it to the Office of the Inspector General. Be sure to copy your email to the Maria Inamagua Campaign for Justice on your email (address is at the bottom). PLEASE DO THIS RIGHT AWAY.
August 1, 2006
Richard L. Skinner, Inspector General
Office of the Inspector General
Department of Homeland Security
Washington, D.C. 20528
E-Mail: DHSOIGHOTLINE@dhs.gov
Dear. Mr. Skinner:
Re: Investigation of the Death of Maria Inamagua
I am writing to support the request recently made to you by the Maria Inamagua Campaign for Justice and others that you conduct an expeditious, independent, and thorough investigation into the death of Maria Inamagua while in the custody of the Ramsey County Jail to determine compliance with applicable guidelines, rules, and laws, specifically including the standards established by the Human Rights Treaties.
The death of Maria Inamagua while in the custody of Ramsey County Jail has touched many people. Please conduct the thorough investigation as requested.
Thank you for confirming to me what steps you will be taking in this regard.
Sincerely,
Your name
Your snailmail address
cc: Maria Inamagua Campaign for Justice
1304 East Lake Street, Suite 203
Minneapolis, MN 55407
justiceformaria@yahoo.com
