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<font size=4><b>Human Rights Crisis in Puerto
Rico</b></font><font size=3>; <br><br>
FIRST AMENDMENT UNDER SEIGE <br><br>
While the world celebrates the democratic revolution in Egypt, major
violations of basic human rights are occurring in our own backyard. Since
Governor of Puerto Rico Luis Fortuño came into power two years ago, free
speech has been under all out assault. The following events have taken
place recently: <br><br>
*Thousands of public workers have been laid off and had their union
contracts terminated, leading to tens of thousands of people peacefully
protesting over the past year. One event turned out over 100,000 peaceful
protestors and while in NYC hundreds marched on May Day, in Puerto Rico
May Day turned out an estimated 30,000 citizens.<br><br>
*At a protest at the steps of the Capital Building over the closing of
access to legislative sessions, access that is constitutionally mandated,
protesters were beaten mercilessly, pepper sprayed and shot at by Puerto
Rico Police. The same has occurred at other locations. <br><br>
At most events young women are the first to be targeted for police
violence. At the University of Puerto Rico, female students, many of whom
where beaten, were also sexually harassed, groped and assaulted (touched)
by police. Students have been mercilessly beaten, maced and shot at with
rubber bullets. Citizens have accused, which images captured confirm,
police of applying torture techniques on immobilized student
protesters. In the past two years, there have been several riots at
protests in and around the University of Puerto Rico. Many protesters
have accused the police of causing the riots, which some videos also seem
to confirm. <br><br>
Since taking the oath of office, the current administration, which owns
all three branches of government, has set out to quash Freedom of
Expression. In Puerto Rico, Expression has been in the form of
protests against government policies, such as the firing of approximately
26,000 workers in total, privatizing government, closing off access to
public information and legislative sessions, attempting to close down the
university FM radio station during periods of civil unrest and going
after the Puerto Rico Bar Association, which was a mandatory integrated
Bar and is Puerto Rico’s oldest institution. The 171 year old Puerto Rico
Bar Association (Colegio de Abogados de Puerto Rico) has historically
been a known focal point for liberal dissent against government
policies. <br><br>
Puerto Rico Governor Fortuño, who is considered a rising star in the
Republic Party, has publicly committed to not allowing what he calls
“extreme left” protests and expression. On Friday, February 11,
2011, Governor Fortuño spoke about his administration’s policies while
speaking at a Conservative Political Action Conference of the American
Conservative Union (ACU) in Washington, DC, an activity attended by
members of the National Rifle Association, the Tea Party and the John
Birch Society. <br><br>
*At the University of Puerto Rico all forms of expression have been
prohibited, through a Resolution issued by UPR Chancellor Ana Guadalupe;
a resolution which Governor Luis Fortuño ordered armed police officers to
enforce. On Wednesday, February 9, 2011, a group of students participated
in civil disobedience on campus, consisting of a paint-in. During the
paint-in, students peacefully and without interrupting the educational
process painted messages of protest in a limited area of the street at
the front of the main library, in defiance of the Chancellor’s absolute
prohibition on any form of protest. Students immediately came under
extreme physical and violent attack by members of the police force’s
elite and heavily armed SWAT and Riot Squad teams. <br><br>
While the ACLU is looking to file charges on Human Rights violations and
evaluating other legal options, the Puerto Rico Daily Sun, a conservative
English language newspaper, published a damming editorial in which it
called for the resignation of the university’s president, chancellors and
the Board of Trustees. <br><br>
On Friday, February 11, 2011, President Ramón De la Torres’ resignation
was unanimously accepted by the Board of Trustees. However, the
Board Chairperson, Ygrí Rivera, immediately stated that she will not be
removing armed Puerto Rico Police officers from the University of Puerto
Rico
campus.
<br><br>
In its editorial, the Puerto Rico Daily Sun, stated that “[t]he
indiscriminate aggression of police riot squads against students, who are
exercising their constitutional rights in public areas without
interfering with any academic or administrative activity, is a gross
violation of their rights and an act comparable only to the acts of
the dictatorships we all denounce and reject”. The Daily Sun added
that “[w]e do not want this new order, neither for our university, the
Capitol, La Fortaleza or our neighborhoods. We reject it with all
our might, Exercising our freedom of speech, or freedom of association,
is not a crime”. <br><br>
As we say in Puerto Rico, “mas claro no canta un gallo” (it could not
have been more clearly stated). <br><br>
On Sunday, February 12, 2011, just four days after students were
mercilessly beaten by Puerto Rico Police agents, over 10,000 alumnus,
parents, grandparents, family members and other citizens took to the
streets and marched over to reclaim the UPR campus, demanding that the
PRPD be immediately ordered off campus. <br><br>
See news video:
<a href="http://www.primerahora.com/milesseunencontralacuotaylainvasionpoliciacaenlaupr-474118.html">
http://www.primerahora.com/milesseunencontralacuotaylainvasionpoliciacaenlaupr-474118.html</a>
<br><br>
In addition to the debacle and related violence at the University of
Puerto Rico, in the past two years legislation has been passed that would
prohibit protests at construction sites and most recently at any
government building that renders educational services and other locations
rendering government services, under penalty of criminal
prosecution. <br><br>
The Puerto Rico Bar Association was recently de-certified through
legislation which the governor signed into law, which all but shut down
operations. Several lawyers aligned with the views of the current
administration pushed for de-certification and had previously sued the
Bar Association in federal court alleging that the Bar was forcing them
to purchase an unwanted insurance policy; its $78.00 per year cost was
paid from Bar Association dues. Bar members were never informed of
the particulars of the lawsuit and Federal Fudge José Antonio Fusté
issued a GAG order prohibiting the disclosure of important aspects of the
case to Bar class members. <br><br>
The Puerto Rico Bar Association is not being allowed to inform and
counsel Bar members about their right to opt out of the lawsuit.
Thousands of lawyers are not even sure why they are a part of this
lawsuit. It is believed that an English language notice on the right to
opt out of the lawsuit may not be sufficient guarantee that Bar members
will fully understand the ramifications of their actions. Many
members of the Bar have limited English skills, particularly lawyers in
the smaller and rural towns. <br><br>
The newly elected President of the now voluntary Puerto Rico Bar
Association (Colegio de Abogados de Puerto Rico), Osvaldo Toledo, was
jailed on Friday, February 11, 2010, at a federal detention center in
Puerto Rico, where he remains on contempt of a court charges for refusing
to pay a $10,000 fine imposed on him for having counseled Bar members who
insist that they have a right to know the particulars of the suit and
procedure for opting out. <br><br>
Federal Judge José Antonio Fuste’s GAG order extends not only to the
President of the Puerto Rico Bar Association, but also board members,
administrators, agents and servants. The Executive Director of the
American Civil Liberties Union in Puerto Rico, William Ramírez, had
previously been warned by the Bar that he may not be able to speak out
against what is held to be an injustice and First Amendment infringement.
Speaking out in defiance of the federal court order may result in the
arrest of anyone covered by the court’s GAG order and further fines
imposed against the Puerto Rico Bar Association. <br><br>
After studying the court’s order, we at the ACLU do not, at this time,
believe that the federal court order reaches class members or other
members of the Bar, including the staff and cooperating attorneys of the
ACLU in Puerto Rico. However, we do believe the order
to be unjust and believe it should be set aside. <br><br>
The ACLU will continue to fight for the right to free speech and peaceful
assembly in Puerto Rico and fully intends to take on any challenges that
it may face. <br><br>
View WAPA America TV interview with ACLU Puerto Rico director:
<a href="http://www.wapa.tv/noticias/locales/aclu--preocupante-el-incidente-en-la-upr/20110210141712%A0" eudora="autourl">
http://www.wapa.tv/noticias/locales/aclu--preocupante-el-incidente-en-la-upr/20110210141712
</a> <br><br>
Federal Judge José Antonio Fuste’s GAG order extends not only to the
President of the Puerto Rico Bar Association, but also board members,
administrators, agents and servants. The Executive Director of the
American Civil Liberties Union in Puerto Rico, William Ramírez, had
previously been warned by the Bar that he may not be able to speak out
against what is held to be an injustice and First Amendment infringement.
Speaking out in defiance of the federal court order may result in the
arrest of anyone covered by the court’s GAG order and further fines
imposed against the Puerto Rico Bar Association. After studying the
court’s order, we at the ACLU do not, at this time, believe that the
federal court order reaches class members or other members of the Bar,
including the staff and cooperating attorneys of the ACLU in Puerto
Rico. However, we do believe the order to be unjust and
believe it should be set aside. The ACLU will continue to
fight for the right to free speech and peaceful assembly in Puerto Rico
and fully intends to take on any challenges that it may face.
<br><br>
<br><br>
View WAPA America TV interview with ACLU Puerto Rico director:
<a href="http://www.wapa.tv/noticias/locales/aclu--preocupante-el-incidente-en-la-upr/20110210141712%A0" eudora="autourl">
http://www.wapa.tv/noticias/locales/aclu--preocupante-el-incidente-en-la-upr/20110210141712
</a> <br><br>
<br><br>
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