E/CN.4/1995/78/Add.1
page 18
some cases as long as 100 years, whereas convictions for similar criminal
charges are only a few years or less for those who have no such political or
religious views. Of these 100 or more political prisoners, 18 are
Puerto Ricans imprisoned for their efforts to "end United States
colonialism" 32/ in their homeland. This past summer, Geronimo ji jaga
Pratt, a former member of the Black Panther Party, who has been in prison
since 1971 and who Amnesty International, among others, has said was convicted
in violation of rights under the federal Constitution, was denied parole for
the thirteenth time.
63.
As to the death penalty, a number of studies and reports, including those
by Congress, Amnesty International and Human Rights Watch, emphasize the
racial discrimination prevalent in its application. 33/ Studies by the
federal Government have also confirmed that racism plays a significant role in
death penalty cases. A Government Accounting Office (GAO) study of
26 February 1990, for example, found a "pattern of evidence indicating racial
disparities in the charging, sentencing and imposition of the death penalty"
and concluded that "those who murdered whites were found more likely to be
sentenced to death than those who murdered blacks". In late 1988, Congress
enacted the death penalty for murders committed by drug dealers. Of those
targeted for death under this law between 1988 and 1993, 73 per cent were
Black and 13 per cent Latino. As of September 1993, all of the subjects of
death penalty prosecutions reportedly approved by the Clinton Administration
have been Black. According to a 1992 report by the National Association for
the Advancement of Colored People (NAACP) Legal Defense and Educational Fund,
of the 2,588 persons then on death row, almost half (48.6 per cent) were
people of colour: 38.9 were Black, 7.1 were Latino, 1.8 were Native American,
0.73 were Asian Americans and 0.50 per cent were unknown. In 1994, Congress
none the less rejected a provision of the Crime Bill designed to ban the death
penalty when it had manifestly been called for on racist grounds. 34/
G.
Police violence
64.
The GAO recently found in the wake of the Los Angeles rebellion
that 47,000 claims of police brutality had been registered with the Justice
Department over a period of seven years. That a national phenomenon had been
identified, in the opinion of many, needed no further proof. However, under
the Administration of President Bush, the Justice Department continued to
suggest that no discernible pattern of abuse existed and further asserted that
complaints did not actually prove that any violations had occurred. The GAO
study revealed, from a representative sample of 15,000 cases, that not only
did a pattern of abuse exist, but that there were 181 identifiable
jurisdictions within which the issue of police brutality was most pronounced.
For most observers, the only thing unique about the Rodney King beating was
that it was caught on video tape and that he lived to tell about it; others
died as a consequence of police beatings.
65.
The use of excessive force by police against African Americans, Asian
Americans, Arabs and Indians has been cited as one of the most pressing human
rights problems facing the United States. Many testimonies that the
Special Rapporteur is not able to reproduce here, owing to lack of space, were
heard on this issue during the hearings attended by him in New York on
15 October 1994. Currently, no federal law exists that specifically addresses