For Immediate Release: November 26th, 2003
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Miamia Mayor Diaz's "Model for Homeland Defense" Equals Suspension of the Constitution and Brutality for FTAA Dissenters
Several groups threaten legal action and call for dropping charges against anti-FTAA protestors
Miami, FL - Miami Activist Defense (MAD), the legal support group for
those arrested during the Free Trade Area of the Americas protests,
joined several other groups today in a press conference to denounce what
Miami Mayor Manuel Diaz calls a "model for homeland defense." As Diaz
and other city officials congratulated the efforts of police and their
so-called level of "restraint," MAD catalogued extensive police abuse
and civil rights violations against a public merely attempting to
exercise dissent.
"Timoney and Diaz suspended the constitution to achieve their version of
'homeland defense,'" said Brenna Bell, an attorney working with MAD.
"This criminalization of dissent was not in response to any act, but in
response to a political message that was unfavorable," continued Bell.
"The 'criminals' included anyone in the streets of Miami. Journalists,
medics, legal observers, union members, senior citizens, and bystanders
were all affected by the massive police presence and became victims of
harassment, brutality and arrest."
MAD reported a total of 282 arrests over the period from November 11-22.
There were dozens of reports of injuries sustained from the vast array
of weaponry, which included batons, tear gas, pepper spray, plastic and
rubber bullets, concussion grenades, tasers and electric shields. Over
thirty people were injured from projectile weapons, five of which
suffered head wounds, and at least two people were hospitalized with
serious head injuries. MAD reported at least ten beatings of arrestees,
seven people held at gunpoint, and at least one person physically
assaulted while in jail. There were also four reports of sexual assault
while in custody. By all accounts, this "alarming" police behavior was
unprovoked, unnecessary and completely uncalled for.
"The pattern and practice of police harassment and terror began with the
passage of an unconstitutional ordinance that criminalized otherwise
lawful assembly and the possession of common household items," said Kris
Hermes of MAD. "This gave police carte blanche to profile and target
activists and abuse their rights in a wholesale manner," continued
Hermes. "Before, during, and after the FTAA demonstrations, activists
were 'hunted' in a way that marked a significant departure from police
reaction to political activity in the recent past."
MAD compiled and presented a list of extensive civil rights abuses that
included violation of the first, fourth, fifth, and sixth amendments.
First amendment violations of free speech and assembly included denial
of access for mass numbers of people entering the city as well as
joining in an assembly; peaceful assemblies broken up and attacked
without warning; regular raids of activist spaces used for political,
medical and journalistic activity. Fourth amendment violations of
protection from illegal search and seizure included dozens of illegal
detentions and unlawful stops and searches with numerous reports of
confiscation of possessions as well as destruction of evidence of
misconduct. Fifth amendment violations of due process and the right to
remain silent included arrests for refusing to answer certain questions;
threats of federal detention for refusing to reveal national origin;
excessive bail levels; denial of food, water and medical needs while in
custody; and numerous reports of sexual and physical abuse. Sixth
amendment violations of right to legal counsel included denial of access
to attorneys and phone calls.
A number of groups, including the National Lawyers Guild (NLG), the
AFL-CIO, and the ACLU have indicated that they will be filing civil
suits related to the violations. MAD and the NLG are calling for
full-scale independent investigations into police misconduct. The United
Steel Workers of America (USWA) are calling for a Congressional
investigation into "police-state assaults in Miami" and the firing of
Police Chief John Timoney. There is also a unified call by several
organizations for dropping the charges against anti-FTAA demonstrators.
"Last week, the fundamental rights of thousands of Americans were
blatantly violated, sometimes violently, by the Miami police, who
systematically repressed our Constitutional right to free assembly with
massive force, riot gear and armaments," said Leo W. Gerard, USWA
international president, in a letter to Congressional leaders.
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