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Political prisoners in the United States

todo

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resistance conspiracy

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https://en.wikipedia.org/wiki/Marilyn_Buck https://en.wikipedia.org/wiki/Resistance_Conspiracy_case https://en.wikipedia.org/wiki/1983_United_States_Senate_bombing http://marilynbuck.com/PP_status_international_law.html https://scholar.google.com/scholar?lookup=0&q=The+Struggle+for+Status+under+International+Law:+U.S.+Political+Prisoners+and+The+Political+Offense+Exception+to+Extradition+2003&hl=en&as_sdt=0,44 https://www.google.com/books/edition/Imprisoned_Intellectuals/EVpIpSuP1TkC?hl=en&gbpv=1&dq=The+Struggle+for+Status+under+International+Law:+U.S.+Political+Prisoners+and+The+Political+Offense+Exception+to+Extradition+2003&pg=PR11&printsec=frontcover https://archive.org/details/imprisoned-intellectuals

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Guantanamo Bay detainees

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War on Terrorism detainees

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  • Laçin Akhmadjanov: WAGD[9]
  • Abdul Fatah and Sa'id Jamaluddin in Bagram prison: WAGD[10]
  • Mohamed Yusuf and Ali Yasin Ahmed[11]
  • Ali Saleh Kahlah Al-Marri[12]
  • Ayub Ali Khan and Azmath Jaweed WAGD[13]
  • Mourad Benchellali, Khaled Ben Mustafa, Nizar Sassi, and Hamed Abderrahaman Ahmed: WAGD[14]

may overlap with Guantanamo

  • 26 individuals being held in unknown locations in 2007:[a] Found by the WAGD to be arbitrary on Category I (legal basis).[15]

done

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WAGD arbitrary but probably not political

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  • Ahmed Ali (imprisoned 2001–2005): Born in Somalia, Ali was granted refugee status as a child until convicted of battery, which placed him at risk of deportation.[16] The WGAD found that his detention was arbitrary on Category III (unfair trial).[17]
  • Jan Borek (imprisoned 1991–): Borek pled guilty to second-degree murder of his father, who Borek claimed was attempting to kill his mother.[18] The WAGD found that Borek's detention beyond his first 5 years was arbitrary on category III (unfair trial).[19]
  • Mohamed Bousloub (imprisoned 1996–2001): An Algerian citizen was convicted of petty theft. The WAGD found that Bousloub was detained beyond the duration of his sentence and that his detention was arbitrary on Category III (unfair trial).[20]
  • César Manuel Guzmán Cruz (imprisoned 1978–1998): Guzmán Cruz is a refugee from Cuba. They remained detained after his sentence ended because they could not be deported to Cuba. The WAGD found that Guzmán Cruz's detention beyond the sentence was arbitrary on Category III (unfair trial).[21]
  • Israel Sacerio Pérez (imprisoned 1991–1998): The WAGD found that Pérez's detention was arbitrary on Category III (unfair trial).[22]
  • Félix Gómez, Angel Benito, Cándido Rodríguez Sánchez (imprisoned ???): Cuban nationals allegedly held for over 10 years without charge. The US government did not reply to the WAGD's request for information. The WAGD found that their detention was arbitrary on Category I (no legal basis).[23]

WAGD not arbitrary

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  • Vatcharee Pronsivakulchai (detained intermittently 2000–2011): Extradited to Thailand for drug trafficking charges.[24] The WAGD did not find that Pronsivakulchai's detention was arbitrary.[25]
  • Waynebourne Bridgewater: The WAGD did not find that Bridgewater's detention was arbitrary.[26]
  • Severino Puentes Sosa: The WAGD did not find that Sosa's detention was arbitrary.[27]

Endnotes

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  1. ^ Full list: Ibn al-Shaykh al-Libi, Abu Faisal, Abdul Aziz, Abu Zubaydah (also known as Zain al-Abidin Muhahhad Husain), Abdul Rahim al-Sharqawi (alias Riyadh the facilitator, Abd al-Hadi al-Iraqi, Muhammed al-Darbi, Ramzi bin al-Shibh, Abd al-Rahim al-Nashiri (or Abdulrahim Mohammad Abda al-Nasherii) (alias Abu Bilal al-Makki or Mullah Ahmad Belal), Mohammed Omar Abdel-Rahman (alias Asadullah), Mustafa al-Hawsawi (alias al-Hisawi), Khalid Sheikh Mohammed, Majid Khan, Yassir al-Jazeeri (alias al-Jaziri), Ali Abdul Aziz Ali (alias Ammar al Baluchi), Waleed Mohammed bin Attash (alias Tawfiq bin Attash or Tawfiq Attash Khallad), Adil al-Jazeeri, Hambali (alias Riduan Isamuddin), Mohamad Nazir bin Lep (alias Lillie, or Li-Li), Mohamad Farik Amin (alias Zubair), Tariq Mahmood, Hassan Ghul, Musaad Aruchi (alias Musab al-Baluchi, al-Balochi, al-Baloshi), Mohammed Naeem Noor Khan (aka Abu Talaha), Ahmed Khalfan Ghailani and Abu Faraj al-Libi

References

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  1. ^ "Opinion No. 32/2021 concerning Ravil Mingazov (United States of America and United Arab Emirates) A/HRC/WGAD/2021/32" (PDF). United Nations Working Group on Arbitrary Detention. October 8, 2021. Archived (PDF) from the original on February 23, 2023. The deprivation of liberty of Ravil Mingazov, being in contravention of articles 2, 3, 7, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 9, 10, 14 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, III and V.
  2. ^ "Opinion No. 70/2019 concerning Mohammed al Qahtani (United States of America) A/HRC/WGAD/2019/70". United Nations Working Group on Arbitrary Detention. January 30, 2020. Archived from the original on February 23, 2023. The deprivation of liberty of Mohammed al Qahtani, being in contravention of articles 2, 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 2 (1), 2 (3), 9, 14 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, III and V.
  3. ^ "textsOpinion No. 85/2019 concerning Salem Ghereby (Libya, Senegal and United States of America) A/HRC/WGAD/2019/85". United Nations Working Group on Arbitrary Detention. March 13, 2020. Archived from the original on February 25, 2023. The deprivation of liberty of Salem Ghereby, being in contravention of articles 2, 7, 9 and 10 of the Universal Declaration of Human Rights and articles 9, 10, 13 and 14 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I and III.
  4. ^ "Opinion No. 32/2021 concerning Ravil Mingazov (United States of America and United Arab Emirates) A/HRC/WGAD/2021/32" (PDF). United Nations Working Group on Arbitrary Detention. October 8, 2021. Archived (PDF) from the original on February 25, 2023. (a) In relation to the United States of America: The deprivation of liberty of Ravil Mingazov, being in contravention of articles 2, 3, 7, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 9, 10, 14 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, III and V.
  5. ^ "Opinions adopted by the Working Group on Arbitrary Detention at its sixty-sixth session, 29 April-3 May 2013 No. 10/2013 (United States of America) A/HRC/WGAD/2013/10". United Nations Working Group on Arbitrary Detention. July 25, 2013. Archived from the original on February 25, 2023. The deprivation of liberty of Mr. Obaidullah is arbitrary and in contravention of articles 9 and 10 of the Universal Declaration of Human Rights and 9 and 14 of the International Covenant on Civil and Political Rights. It falls into categories I, III and V of the categories applicable to the consideration of the cases submitted to the Working Group.
  6. ^ "Opinions adopted by the Working Group on Arbitrary Detention A/HRC/13/30/Add.1". United Nations Working Group on Arbitrary Detention. March 4, 2010. Archived from the original on February 23, 2023. QUOTEHERE
  7. ^ "Opinions adopted by the Working Group on Arbitrary Detention A/HRC/13/30/Add.1". United Nations Working Group on Arbitrary Detention. March 4, 2010. Archived from the original on February 23, 2023. QUOTEHERE
  8. ^ "Opinion No. 89/2017 concerning Ammar al Baluchi (United States of America) A/HRC/WGAD/2017/89". United Nations Working Group on Arbitrary Detention. January 24, 2018. Archived from the original on February 25, 2023. The deprivation of liberty of Ammar al Baluchi, being in contravention of articles 2, 5, 7, 8, 9, 10 and 11 (1) of the Universal Declaration of Human Rights and of articles 2, 7, 9, 10 (1), 14 and 26 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I, III and V.
  9. ^ "Opinion No. 53/2016 concerning Laçin Akhmadjanov (Afghanistan and United States of America) A/HRC/WGAD/2016/53". United Nations Working Group on Arbitrary Detention. January 13, 2017. Archived from the original on February 25, 2023. The deprivation of liberty of Laçin Akhmadjanov by Afghan and United States authorities being in contravention of articles 2, 3 and 10 of the Universal Declaration of Human Rights and of articles 9 and 14 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I and III.
  10. ^ "Opinion No. 56/2016 concerning Abdul Fatah and Sa'id Jamaluddin (Afghanistan and United States of America) A/HRC/WGAD/2016/56". United Nations Working Group on Arbitrary Detention. January 23, 2017. Archived from the original on February 25, 2023. The deprivation of liberty of Abdul Fatah and Sa'id Jamaluddin by the Afghan and United States authorities being in contravention of articles 2, 3 and 10 of the Universal Declaration of Human Rights and of articles 9 and 14 of the International Covenant on Civil and Political Rights, is arbitrary and falls within categories I and III.
  11. ^ "No. 57/2013 (Djibouti, Sweden and the United States of America) A/HRC/WGAD/2013/57". United Nations Working Group on Arbitrary Detention. April 2, 2014. Archived from the original on February 25, 2023. The arrest, secret and incommunicado detention and subsequent transport to the United States of Mr. Ahmed and Mr. Yusuf therefore constitute violations of articles 9 and 11 of the Universal Declaration of Human Rights and articles 9 and 12 of the International Covenant on Civil and Political Rights. The detention falls within categories I and III of the categories applicable to the cases before the Working Group.
  12. ^ "Opinions adopted by the Working Group on Arbitrary Detention A/HRC/7/4/Add.1". United Nations Working Group on Arbitrary Detention. January 16, 2008. Archived from the original on February 25, 2023. The deprivation of liberty of Mr. Ali Saleh Kahlah Al-Marri is arbitrary, being in contravention of article 9 of the International Covenant on Civil and Political Rights, and falls within category III of the categories applicable to the consideration of the cases submitted to the Working Group.
  13. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2004/3/Add.1". United Nations Working Group on Arbitrary Detention. November 26, 2003. Archived from the original on February 25, 2023. The deprivation of liberty of Mr. Ayub Ali Khan and Mr. Azmath Jaweed is arbitrary, being in contravention of articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights, to which the United States is a party, and principles 10 to 12 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and falls within category III of the principles applicable to the consideration of cases submitted to the Working Group.
  14. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2004/3/Add.1". United Nations Working Group on Arbitrary Detention. November 26, 2003. Archived from the original on February 25, 2023. The deprivation of liberty of Mourad Benchellali, Khaled Ben Mustafa, Nizar Sassi and Hamed Abderrahaman Ahmed is arbitrary, being in contravention of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights, to which the United States of America is a party, and falls within category I of the categories applicable to the consideration of cases submitted to the Working Group.
  15. ^ "Opinions adopted by the Working Group on Arbitrary Detention A/HRC/4/40/Add.1". United Nations Working Group on Arbitrary Detention. February 2, 2007. Archived from the original on February 25, 2023. The deprivation of liberty of [list] is arbitrary, being in contravention of article 9 of the International Covenant on Civil and Political Rights and falls under category I of the categories applicable to the consideration of cases submitted to the Working Group.
  16. ^ "Ali V. Achim November 5, 2006". National Immigrant Justice Center. Archived from the original on November 6, 2006. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; July 19, 2011 suggested (help)
  17. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2006/7/ADD.1". United Nations Working Group on Arbitrary Detention. October 19, 2005. Archived from the original on February 23, 2023. The impossibility for Mr. Ahmed Ali to have recourse to a competent authority to present additional evidence regarding his circumstances, despite substantial evidence that he is neither a danger to the community nor a flight risk, or to challenge his continued detention, confers an arbitrary character on his detention as being in contravention of article 9 of the International Covenant on Civil and Political Rights, and falls within category III of the categories applicable to the consideration of the cases submitted to the Working Group.
  18. ^ "Prisoner History: Jan Borek No. 228729" (PDF). Citizen's Alliance on Prisons and Public Spending. Fall 2003. Archived (PDF) from the original on February 26, 2023. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; December 11, 2021 suggested (help)
  19. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2002/77/Add.1". United Nations Working Group on Arbitrary Detention. December 11, 2001. Archived from the original on February 25, 2023. The deprivation of the liberty of Jan Borek beyond the date on which he had served five years of his sentence is arbitrary, as being in contravention of articles 9, 10 and 19 of the Universal Declaration of Human Rights, articles 2, 9 and 14 of the International Covenant on Civil and Political Rights and Principle 16, paragraph 2, of the Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment, and falls within category III of the categories applicable to the consideration of cases submitted to the Working Group.
  20. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2001/14/Add.1". United Nations Working Group on Arbitrary Detention. November 9, 2000. Archived from the original on February 26, 2023. In these circumstances, the Working Group is of the opinion that the deprivation of liberty of Mohamed Bousloub is arbitrary and in violation of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights, to which the United States is party, and falls within category III of the categories of cases submitted for the Group's examination.
  21. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2001/14/Add.1". United Nations Working Group on Arbitrary Detention. November 9, 2000. Archived from the original on February 26, 2023. The Working Group therefore considers that the detention of Mr. Guzmán Cruz is in violation of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights, and falls under category III of the categories of cases submitted for the Group's examination.
  22. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2001/14/Add.1". United Nations Working Group on Arbitrary Detention. November 9, 2000. Archived from the original on February 26, 2023. The Working Group is of the opinion that the detention of Israel Sacerio Pérez is arbitrary, for the reasons adduced above, and is in violation of article 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights. Such prolonged detention without reasonable cause would fall within category III of the categories of cases submitted for the Group's examination.
  23. ^ "Decisions and opinions adopted by the Working Group on Arbitrary Detention E/CN.4/1998/44/Add.1". United Nations Working Group on Arbitrary Detention. November 3, 1997. Archived from the original on February 26, 2023. The deprivation of liberty of the persons above-mentioned is arbitrary, as being in contravention of articles 9 and 10 of the Universal Declaration of Human Rights and articles 9 and 14 of the International Covenant on Civil and Political Rights, and falls within category I of the applicable categories to the consideration of the cases submitted to the Working Group.
  24. ^ Celentino, Joe (July 29, 2011). "She Busted Thai Drug Ring, but Still Must Go". Archived from the original on September 25, 2020.
  25. ^ "Opinions adopted by the Working Group on Arbitrary Detention A/HRC/10/21/Add.1". United Nations Working Group on Arbitrary Detention. February 4, 2009. Archived from the original on February 23, 2023. In the light of the foregoing, the Working Group cannot conclude that the deprivation of liberty of Ms. Vatcharee Pronsivakulchai is arbitrary.
  26. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2002/77/Add.1". United Nations Working Group on Arbitrary Detention. December 11, 2001. Archived from the original on February 26, 2023. Since Mr. Bridgewater was arrested on charges of serious drug offences and is being kept in detention for the same offences, in respect of which he has already been indicted and is awaiting trial, the Working Group, bearing also in mind the difference between the circumstances of the present case from the facts on the basis of which it adopted its Opinion 48/1993, concludes that the deprivation of the liberty of Mr. Waynebourne Clive Anthony Bridgewater is not arbitrary.
  27. ^ "Opinions adopted by the Working Group on Arbitrary Detention E/CN.4/2001/14/Add.1". United Nations Working Group on Arbitrary Detention. November 9, 2000. Archived from the original on February 26, 2023. The Working Group has given due consideration to the facts and circumstances in which Mr. Puentes Sosa has been denied temporary parole. The Group is aware that he was last denied temporary parole on 16 July 1998. Considering that Mr. Puentes Sosa has, in the past, not only violated his conditions of parole but also committed offences of a serious nature while on parole, the Working Group does not consider his detention to be arbitrary.
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