E/CN.4/2000/16
page 32
denial of medical treatment, to be the essential object of his complaint, namely that he has been
continually subjected to punitive and vexatious measures. He offers no explanation, either, of
how the anti-tuberculosis injection violates his religious beliefs. Since he complains that no
sanction has been taken against the prison staff, we may assume that his suit was found to be
without merit. On the contrary, he himself was found to be at fault in the incident of
3 November 1995 and was convicted of assault.
139. The Government of the United States has nevertheless undertaken an investigation into
the merit of Mr. Amaker’s allegations. Mr. Amarker is currently an inmate of Green Haven
prison in Stormville, New York State. He was convicted of murder committed during an armed
robbery and had a prior conviction for murder with aggravating circumstances. According to
information provided by the prison administration, on 3 November Mr. Amarker attacked
without provocation several warders who were taking him back to his cell; some of them
received injuries serious enough to warrant immediate medical treatment.
140. Mr. Amaker was sentenced by the Criminal Court of Duchess County (State of
New York) to six months’ imprisonment for assault, which he is currently serving concurrently
with his murder sentence. An administrative disciplinary report for misbehaviour was issued,
Mr. Amaker was given a due process hearing and found guilty. He was transferred to a special
housing unit where he remained for about 19 months, following which he was returned to the
general prison population in November 1998. The prison records state that in October of that
year he was under the care of a doctor from the New York State Department of Corrections
Services and has been treated by physiotherapy specialists.
Admissibility of allegations of racism and discrimination
141. Mr. Amaker provides no evidence of the “flagrant racial discrimination” which falls
within the Special Rapporteur’s mandate. On the contrary, all the evidence implies that it was he
who initiated the incidents of 3 November 1995 and that it is a purely criminal matter, not an
issue of racism or racial discrimination.
Case 1999/1: Allegations of racist violence by New York police
142. It has been reported that on 9 February 1999 civil rights activists and thousands of
demonstrators called on the New York Police Department (NYPD) to investigate the shooting of
a 22-year-old Guinean immigrant. Ahmed Diallo was killed last Thursday when local police
fired 41 bullets at him in his apartment in the Bronx. This is the latest of several cases of
apparent excessive use of force by white police officers against unarmed black and Hispanic
civilians in recent years.
Government reply
143.
No reply has been received to date.