Arbitrary detention of Mr. Athemay Sterling - USA 001 / 0708 / OBS 116

09/07/2008
Urgent Appeal
USA

The Observatory has been informed by the Permanent Committee for the Defence of Human Rights (Comité Permanente por la Defensa de los Derechos Humanos - CPDH) about the arbitrary detention and the cancellation of the visa of Mr. Athemay Sterling, Director of the Human Rights Centre and Political Interpretation of the University of Santiago de Cali for the Defence of Human Rights (Centro de Derechos Humanos e Interpretación Política de la Universidad Santiago de Cali en Defensa de los Derechos Humanos), and a member of the Valle del Cauca section of the CPDH in Colombia, by the immigration authorities of Miami, Florida.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in the United States of America.

Description of the situation:

According to the information received, on June 30, 2008, Mr. Sterling’s visa was cancelled upon his arrival to the United States of America, and the latter was consequently placed in administrative retention without any reason being given to him.

As of issuing this urgent appeal, Mr. Sterling’s remained detained at the Krome detention centre, in Miami, Florida, bearing the detainee number 88834966.

Mr. Sterling was travelling to Washington, where the Inter-American Commission of Human Rights (IACHR) is based, to provide follow-up to several cases relating to violations of the right to health and to environment in the city of Puerto Tejada, Cauca[1] that he submitted before the ACHR. Mr. Sterling was supposed to stay in the USA until July 22, 2008.

The Observatory strongly condemns the arbitrary detention of Mr. Sterlings, which blatantly violates Article 9.4 of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, which provides that "everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms" and Article 13.1 of the Universal Declaration of Human Rights that states that "everyone has the right to freedom of movement and residence within the borders of each State".

Actions requested:

Please write to the authorities in the United States of America urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Athemay Sterling;

ii. Release Mr. Sterling immediately and unconditionally since his detention is arbitrary;

iii. Refrain in all circumstances from harassing human rights defenders;

iv. Conform with the provisions of the UN Declaration on Human Rights Defenders, especially its Article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" and Article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";

v. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by the United States of America.

Addresses:

 President George Walker Bush, President of the United States of America, The White House, 1600 Pennsylvania Avenue NW, Washington, DC 20500, United States of America. Fax: + 1 202 456-2461
 Mr. Dirk Kempthorne, Secretary of the Interior, US Department of the Interior, 1849 C Street, NW, Washington, DC 20240, United States of America. Fax: + 1 202 219-1989
 Krome Detention Center, legal division, 18201 SW 12th Street, Miami, Florida 33194, United States of America. Fax: + 1 305 292-7070
- Attorney General Michael B. Mukasey, Justice Department, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, United States of America. Fax: + 1 202 514-2504
 Secretary of State Condoleezza Rice, U.S. Department of State, 2201 C Street NW, Washington, DC 20520, United States of America. Fax: + 1 202 647-2283
 His Excellency Mr. Warren W. Tichenor, Ambassador, Permanent Mission of the United States of America to the UN in Geneva, Route de Pregny 11, 1292 Chambésy, Switzerland, Fax: +41 22 749 48 80
 Embassy and Mission to the European Union of the United States of America in Brussels, Regentlaan 27 Boulevard du Régent, B-1000 Brussels, Belgium, Fax: + 32 2 511 27 25

Please also write to the diplomatic mission or embassy of the United States of America in your respective country.

***

Paris - Geneva, July 9, 2008

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

E-mail: Appeals@fidh-omct.org

Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

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