Victims Of Human Rights Violations Denied Access To Justice In U.S., Says New ACLU Report

Access
to justice for victims of civil and human rights violations has been
severely curbed over the last decade, according to a report released
today by the American Civil Liberties Union. The report shows how
indigent defendants on death row, prisoners suffering abuses in prison,
immigrants in unfair removal proceedings, torture victims, domestic
violence survivors and victims of racial discrimination, among others,
are consistently denied access to the courts and effective remedies as a
result of recent laws and court decisions.

"Unfortunately, because of recent laws and court decisions, victims of
human rights violations here in the U.S. are continually denied their
day in court while those responsible for the abuses are protected," said
Jennifer Turner, Human Rights Researcher with the ACLU and author of
the report. "Equal justice for all is a core American value and everyone
deserves access to the courts to right wrongs done against them. The
U.S. should amend restrictive laws and swiftly enact policies to restore
access to justice for the most vulnerable among us."

According to the report, "Slamming the Courthouse Doors," the
"[a]ctions of the executive, federal legislative, and judicial branches
of the United States have seriously restricted access to justice for
victims of civil liberties and human rights violations, and have limited
the availability of effective (or, in some cases, any) remedies for
these violations. Weakened judicial oversight and recent attempts to
limit access to justice...are denying victims of human rights violations
their day in court and protecting responsible officials and corporations
from litigation."

The report details the many ways in which victims of human rights abuses are denied access to justice, including:

• individuals
  convicted of capital crimes who seek to present newly found evidence of
  their innocence or claims of serious constitutional violations being
  denied recourse in the courts because of federal legislation and recent
  court decisions;
• victims of rape,
  assault, religious rights violations and other serious abuses in prison
  having their claims thrown out of court because of a restrictive federal
  law;
• immigrants who
  may have legitimate claims to remain in the United States unknowingly
  waiving their opportunity to pursue these claims and being swiftly
  deported because of unfair procedures;
• torture victims,
  including survivors of the CIA "extraordinary rendition" program, being
  denied their day in court because the government has misused the "state
  secrets" privilege to shield their torturers from liability;
• victims of
  domestic violence being denied the opportunity to seek civil remedy
  under the Violence Against Women Act because of recent court decisions;
  and
• victims of racial
  or national origin discrimination, including victims of racial
  profiling, being shut out of court because their claims must be
  accompanied by proof of intentional discrimination, not just the
  disparate impact - however egregious - of certain laws and policies.

The report
includes detailed recommendations and measures for the U.S. government
to take in order to live up to the promise of equal justice for all and
comply with international human rights obligations and commitments to
guarantee access to justice and effective remedies. An annex to the
report includes information on curtailing access to justice in over a
dozen states.

"Slamming the Courthouse Doors" is available online at: www.aclu.org/human-rights/slamming-courthouse-doors-denial-access-justice-and-remedy-america

Access
to justice for victims of civil and human rights violations has been
severely curbed over the last decade, according to a report released
today by the American Civil Liberties Union. The report shows how
indigent defendants on death row, prisoners suffering abuses in prison,
immigrants in unfair removal proceedings, torture victims, domestic
violence survivors and victims of racial discrimination, among others,
are consistently denied access to the courts and effective remedies as a
result of recent laws and court decisions.

"Unfortunately, because of recent laws and court decisions, victims of
human rights violations here in the U.S. are continually denied their
day in court while those responsible for the abuses are protected," said
Jennifer Turner, Human Rights Researcher with the ACLU and author of
the report. "Equal justice for all is a core American value and everyone
deserves access to the courts to right wrongs done against them. The
U.S. should amend restrictive laws and swiftly enact policies to restore
access to justice for the most vulnerable among us."

According to the report, "Slamming the Courthouse Doors," the
"[a]ctions of the executive, federal legislative, and judicial branches
of the United States have seriously restricted access to justice for
victims of civil liberties and human rights violations, and have limited
the availability of effective (or, in some cases, any) remedies for
these violations. Weakened judicial oversight and recent attempts to
limit access to justice...are denying victims of human rights violations
their day in court and protecting responsible officials and corporations
from litigation."

The report details the many ways in which victims of human rights abuses are denied access to justice, including:

• individuals
  convicted of capital crimes who seek to present newly found evidence of
  their innocence or claims of serious constitutional violations being
  denied recourse in the courts because of federal legislation and recent
  court decisions;
• victims of rape,
  assault, religious rights violations and other serious abuses in prison
  having their claims thrown out of court because of a restrictive federal
  law;
• immigrants who
  may have legitimate claims to remain in the United States unknowingly
  waiving their opportunity to pursue these claims and being swiftly
  deported because of unfair procedures;
• torture victims,
  including survivors of the CIA "extraordinary rendition" program, being
  denied their day in court because the government has misused the "state
  secrets" privilege to shield their torturers from liability;
• victims of
  domestic violence being denied the opportunity to seek civil remedy
  under the Violence Against Women Act because of recent court decisions;
  and
• victims of racial
  or national origin discrimination, including victims of racial
  profiling, being shut out of court because their claims must be
  accompanied by proof of intentional discrimination, not just the
  disparate impact

  Access
  to justice for victims of civil and human rights violations has been
  severely curbed over the last decade, according to a report released
  today by the American Civil Liberties Union. The report shows how
  indigent defendants on death row, prisoners suffering abuses in prison,
  immigrants in unfair removal proceedings, torture victims, domestic
  violence survivors and victims of racial discrimination, among others,
  are consistently denied access to the courts and effective remedies as a
  result of recent laws and court decisions.

  "Unfortunately, because of recent laws and court decisions, victims of
  human rights violations here in the U.S. are continually denied their
  day in court while those responsible for the abuses are protected," said
  Jennifer Turner, Human Rights Researcher with the ACLU and author of
  the report. "Equal justice for all is a core American value and everyone
  deserves access to the courts to right wrongs done against them. The
  U.S. should amend restrictive laws and swiftly enact policies to restore
  access to justice for the most vulnerable among us."

  According to the report, "Slamming the Courthouse Doors," the
  "[a]ctions of the executive, federal legislative, and judicial branches
  of the United States have seriously restricted access to justice for
  victims of civil liberties and human rights violations, and have limited
  the availability of effective (or, in some cases, any) remedies for
  these violations. Weakened judicial oversight and recent attempts to
  limit access to justice...are denying victims of human rights violations
  their day in court and protecting responsible officials and corporations
  from litigation."

  The report details the many ways in which victims of human rights abuses are denied access to justice, including:

• individuals
  convicted of capital crimes who seek to present newly found evidence of
  their innocence or claims of serious constitutional violations being
  denied recourse in the courts because of federal legislation and recent
  court decisions;
• victims of rape,
  assault, religious rights violations and other serious abuses in prison
  having their claims thrown out of court because of a restrictive federal
  law;
• immigrants who
  may have legitimate claims to remain in the United States unknowingly
  waiving their opportunity to pursue these claims and being swiftly
  deported because of unfair procedures;
• torture victims,
  including survivors of the CIA "extraordinary rendition" program, being
  denied their day in court because the government has misused the "state
  secrets" privilege to shield their torturers from liability;
• victims of
  domestic violence being denied the opportunity to seek civil remedy
  under the Violence Against Women Act because of recent court decisions;
  and
• victims of racial
  or national origin discrimination, including victims of racial
  profiling, being shut out of court because their claims must be
  accompanied by proof of intentional discrimination, not just the
  disparate impact - however egregious - of certain laws and policies.

The report
includes detailed recommendations and measures for the U.S. government
to take in order to live up to the promise of equal justice for all and
comply with international human rights obligations and commitments to
guarantee access to justice and effective remedies. An annex to the
report includes information on curtailing access to justice in over a
dozen states.

"Slamming the Courthouse Doors" is available online at: www.aclu.org/human-rights/slamming-courthouse-doors-denial-access-justice-and-remedy-america

• - however egregious - of certain laws and policies.

The report
includes detailed recommendations and measures for the U.S. government
to take in order to live up to the promise of equal justice for all and
comply with international human rights obligations and commitments to
guarantee access to justice and effective remedies. An annex to the
report includes information on curtailing access to justice in over a
dozen states.

"Slamming the Courthouse Doors" is available online at: www.aclu.org/human-rights/slamming-courthouse-doors-denial-access-justice-and-remedy-america