File spoon-archives/marxism-international.archive/marxism-international_1997/marxism-international.9712, message 161


Date: Tue, 9 Dec 1997 16:24:57 -0500 (EST)
From: Siddharth Chatterjee <siddhart-AT-mailbox.syr.edu>
Subject: M-I: Press Release and Findings of Tribunal Judges (fwd)




---------- Forwarded message ----------
Date: Tue, 09 Dec 97 16:04:17 EST
Subject: Press Release and Findings of Tribunal Judges (fwd)

Planning Committee, People's International Tribunal for Justice for Mumia Abu-
Jamal        New York, N.Y.  December 9, 1997

For further information contact: Linda Thurston (718) 857-7167

=09=09=09=09=09            FOR IMMEDIATE RELEASE:


INTERNATIONAL PEOPLE'S TRIBUNAL CONCLUDES MUMIA ABU-JAMAL'S CASE VIOLATES
INTERNATIONAL LAW AND PRESENTS ITS FINDINGS TO U.N. HUMAN RIGHTS COMMISSION ON
INTERNATIONAL HUMAN RIGHTS DAY


On Wednesday, December 10, 1997, which is International Human Rights Day, the
U.N. Human Rights Commission will receive the document expressing the
conclusions drawn at the People's International Tribunal for Justice for Mumia
Abu-Jamal convened last week-end in Philadelphia.

Roger Wareham, one of several attorneys who presented evidence, along with
Gamal Nkrumah and Julia Wright, who served as Tribunal Judges, will deliver
the document to the Center for Human Rights at the United Nations' New York
headquarters.

Twenty-three citizen judges, drawn from France, Haiti, South Africa, Egypt,
Spain, Germany and the United States, signed the document condemning the
violation of Mumia Abu-Jamal=92s human rights, and called for his immediate
release from Pennsylvania's death row.

The People's International Tribunal was convened to hear the evidence
supporting charges brought against a host of defendants, including the
Governor of Pennsylvania, Thomas Ridge, The Supreme Court of Pennsylvania, the
Pennsylvania Department of Corrections, the Fraternal Order of Police, the
Police Department of Philadelphia, Mayor Ed Rendell, former Judge of
Philadelphia's Court of Common Pleas Albert Sabo, the Federal Bureau of
Investigation (FBI), and Attorney General Janet Reno.

The accused federal, state, and city agencies and officers are bound by the
Universal Declaration of Human Rights, the 1965 International Convention on
the Elimination of All Forms of Racial Discrimination, the 1966 Covenant on
Civil and Political Rights, and the 1984 Convention on the Suppression of
Torture, Inhuman and Degrading Treatment, all of which the United States has
ratified.

The judges received a day long compilation of visual, spoken, and written
testimony.  Experts, fact witnesses, and community members, revealed the
material excluded from the court proceedings, and presented some previously
unknown information about the behavior of the individuals and agencies charged
with conspiracy to violate Mumia Abu-Jamal's legal, civil, and human rights=2E

The Tribunal, constituted along accepted international law principles
articulated in Article 38 of the Statute of the International Court of
Justice, did not sit as a court of law but has the authority to examine crimes
against peace, the crime of genocide, and crimes against humanity. The
People's International Tribunal adopted the procedures approved by the
Economic and Social Council of the United Nations. The judges heard and
watched background information on the 1960s about the city, state and federal
government surveillance of Mumia Abu-Jamal, a former Black Panther Party
member who later became an award-winning journalist before his arrest on
charges of murdering a Philadelphia policeman in 1981.

At the conclusion of the day long hearing, the judges conducted private
deliberations. Their conclusions were summarized in a three page document that
stated the named agencies and officials blatantly violated Mumia Abu-Jamal's
constitutional and human rights, which led to "his unjust conviction, unlawful
incarceration, and illegal death sentence."  The document also recommended
holding a thorough, impartial, international investigation into the conduct of
the Philadelphia Police Department, the CounterIntelligenceProgram
(COINTELPRO) of the FBI, the 1985 bombing of the MOVE headquarters in
Philadelphia, and that those public officials found responsible for violation
of Mumia Abu-Jamal's human rights should be removed from office.

The document from the People's International Tribunal was signed in front of
hundreds of people who traveled to the hearing from all over the country. The
signatories included Francése Araneu,(Spain), Christoph Arnold, Barbara Nimri
Aziz, John Black, Dennis Brutus (South Africa),Gilma Camargo, Philé Chinosesu,
Asia Coney, Myriam Falco-Mairat (France), Herman Ferguson, Marita Golden, Rev.
Cecil Gray, Martha Grevatt, Mattie Humphrey, John Judge, Yuri Kochiyama,
Pierre Leroy (Haiti),Jim Lester, Gamal Nkrumah,(Egypt) Ulf Panzer (Germany),
Queen Ivory, Father Paul Washington, and Julia Wright.

Attending also were international observers:  Benoit Bechet, (Guyane), Gilbert
Pago (Martinique)

Human Rights attorney Richard Harvey, of the New York firm of Steven, Hinds
and White (212-864-4445), served as counsel to the Tribunal.  Michael Warren,
Esq. (718-230-9790) was the lead prosecutor. The entire proceedings were
video-taped and audio taped.

For further information, contact human rights activist Linda Thurston (718)
857-7167.

PEOPLE'S INTERNATIONAL TRIBUNAL
FOR JUSTICE FOR MUMIA ABU-JAMAL
---
----------X

THE PEOPLES OF THE WORLD,=09=09=09=09=09:
On Behalf Of MUMIA ABU-JAMAL and Other Victims
of Human Rights Violations Perpetrated by the Defendants=09=09:

=09=09=09=09=09=09Complainants=09=09:=09
=09=09=09- against -=09=09=09=09=09=09=09
=09=09=09=09=09=09=09=09=09=09:=09
THOMAS RIDGE, Governor of Pennsylvania; RONALD CASTILLE,
Justice of the Supreme Court of Pennsylvania; THE SUPREME =09:
COURT OF PENNSYLVANIA; PENNSYLVANIA DEPT. OF =09
CORRECTIONS; EDWARD RENDELL, Mayor of Philadelphia; =09:
FRATERNAL ORDER OF POLICE; POLICE DEPT. OF
PHILADELPHIA; ALBERT SABO, Judge of Philadelphia Court of =09:
Common Pleas; LYNNE ABRAHAM,  Philadelphia District Attorney;
FEDERAL BUREAU OF INVESTIGATION; JANET RENO, =09:
United States Attorney-General,=09=09=09=09
=09=09=09=09=09=09=09=09=09=09:
=09=09=09=09=09=09Defendants=09=09=09
---
----------X


=09FINDINGS OF FACT AND CONCLUSIONS OF LAW
=09
=09WE, THE JUDGES OF THE PEOPLE'S INTERNATIONAL TRIBUNAL FOR JUSTICE FOR MUMIA
ABU-JAMAL,  convened in Philadelphia, Pennsylvania on December 6th, 1997, have
met and reviewed charges brought against the above-named defendants.

=091.  =09Standing and Jurisdiction.  Jurisdiction is conferred on this Tribunal
pursuant to accepted principles of international law approved by the community
of nations.  Just as individuals have duties to other individuals, and to the
community to which they belong, they are also under the collective
responsibility to strive for the promotion and observance of human rights and
international law.

=09The authority of the Tribunal is recognized under Article 38 of the Statute
of the International Court of Justice as a valid and legal framework for the
examination of crimes against peace, the crime of genocide and crimes against
humanity.  The Tribunal has followed procedures approved by the Economic and
Social Council of the United Nations (Resolution 1503 (XLVIII) 1970). This is
a particularly appropriate forum to evaluate the acts and omissions of public
officials, government agents and individuals who, when acting under the color
of state law, violated fundamental principles of human rights and committed
acts of torture or any other cruel, inhuman or degrading treatment against
others.

=092.  =09Applicable Law.  The Tribunal applied principles of customary
international law and international human rights law, as adopted by the United
Nations.   These principles are binding upon the United States government and
on the Commonwealth of Pennsylvania.  Moreover, Article VI of the United
States Constitution expressly provides that treaties and other international
agreements are "the supreme law of the land." The Defendant agencies and
officers are also bound by domestic constitutional and statutory laws which
prohibit, inter alia, conspiracies to deprive persons of life, liberty and
equal protection before the law.

=093. =09Evidence Received.  We, the People's Judges, received detailed background
documentation in advance of the hearing date.  The December 6th hearing
comprised oral, written and video testimony from a substantial number of
expert and fact witnesses  concerning the conduct of the defendants and the
agencies they represent.  This evidence covered the role of successive
administrations of Pennsylvania governors, Philadelphia mayors, and those
responsible for law enforcement and the justice system in Pennsylvania and
Philadelphia from the 1960's until the present day.

=094.  =09Findings.  We find as a fact that those charged are guilty of a criminal
conspiracy to deny Mumia Abu-Jamal's human rights and we call for his
immediate release, exoneration and compensation.

=09We find as a fact that the human and constitutional rights of Mumia Abu-Jamal
were blatantly violated in numerous and systematic ways, resulting in his
unjust conviction, unlawful incarceration and illegal death sentence.


=09We recommend that a thorough, independent, international and impartial
judicial investigation, with full subpoena powers, should be conducted into:

 =09the historical and current operations of the Philadelphia Police Department,
particularly in relation to its treatment of people of color; and

 =09into the FBI's Counter-Intelligence Program (COINTELPRO), and all similar
repressive programs, particularly in relation to their treatment of the Black
Panther Party, MOVE and other political organizations led by people of color;
and

 =09into the actions of all Federal, State and City elective, judicial and law
enforcement officials that had any role in relation to the bombing of MOVE
headquarters in 1995; and

 =09that all public officials found responsible for the deprivation of Mumia
Abu-Jamal's human rights should be removed from office and declared unfit to
hold such office in future by reason of their breach of public trust;

=09We therefore urge the Secretary-General of the United Nations and the U.N.
High Commissioner for Human Rights to call for reports on the case of Mumia
Abu-Jamal from U.N. Special Rapporteurs, especially those with jurisdiction
over:

=09=09(i) =09extrajudicial, summary and arbitrary executions;
=09=09(ii) =09torture, cruel, inhuman and degrading treatment and punishment; and
=09=09(iii)=09independence of the judiciary




Done this 6th day of December, 1997, at Philadelphia, Pennsylvania






Signed by the Judges of the People's International Tribunal:

Francése Araneu,(Spain),
Christoph Arnold,
Barbara Nimri Aziz,
John Black,
Dennis Brutus (South Africa),
Gilma Camargo,
Philé Chinosesu,
Asia Coney,
Myriam Falco-Mairat (France),
Herman Ferguson,
Marita Golden,
Rev. Cecil Gray,
Martha Grevatt,
Mattie Humphrey,
John Judge,
Yuri Kochiyama,
Pierre Leroy (Haiti),
Jim Lester,
Gamal Nkrumah,(Egypt)
Ulf Panzer (Germany),
Queen Ivory,
Father Paul Washington,
Julia Wright.



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