The Honorable Janet Reno
U.S. Attorney General
U.S. Department of Justice
950 Pennsylvania Avenue NW
Suite 4400
Washington, DC 20350
Fax No.: 202-514-4371
By Mail and Fax
Dear Ms. Reno:
I am writing to protest the decision by the Bureau of Prisons
canceling all visitation rights for Philip Berrigan, who is currently
incarcerated at FCI Petersburg, Virginia for his Prince of Peace
Plowshares Act of Conscience against a nuclear-capable Aegis Cruiser
in Maine. One of the judges involved in that case publicly called
Phil Berrigan "the moral conscience of our generation."
My sentiments exactly.
Phil Berrigan was recently nominated for the Nobel Peace Prize
by the distinguished Irish Nobel Peace Prize Laureate Mairead
Corrigan Maguire, one of the Co-Founders of the Peace People Movement
in Northern Ireland. Ms. Maguire cited Phil Berrigan and his brother
Father Dan Berrigan, S.J., for a lifetime of dedication to the
cause of promoting peace, justice and human rights around the
world, and especially here in the United States of America. Ms.
Maguire decided to meet personally with her Nobel Peace Prize
Nominee at FCI Petersburg in order to offer her personal support
to Phil Berrigan for his continuing work for peace. After the
meeting was over, and in light of the impending bombing of Iraq
by the United States, Ms. Maguire decided to stage a protest for
peace by refusing to leave the prison. According to Ms.Maguire's
Statement, a copy of which is attached to this letter, Phil Berrigan
had nothing to do with Ms. Maguire's peaceful protest. I have
never had any reason to doubt the word of the world-renowned Irish
Nobel Peace Prize Laureate Mairead Corrigan Maguire.
Ms. Maguire was held overnight in Richmond City Jail, and brought
before a judge the next afternoon. The Prosecutor recommended
that all charges against her be dropped and the Judge immediately
released her. Nevertheless, Phil Berrigan was punished because
of Mairead Corrigan Maguire's peaceful, non-violent and non-criminal
protest against an impending war, which was protected activity
under the First Amendment to the United States Constitution. The
Bureau of Prison's vicarious punishment of Phil Berrigan constitutes
cruel and inhuman and degrading treatment in violation of his
rights under international human rights laws and treaties to which
the United States government is a party.
In particular, Article 12 of the Universal Declaration of Human
Rights states quite clearly: "No one shall be subjected to
arbitrary interference with his privacy, family, home or correspondence,
nor to attacks upon his honor and reputation. Everyone has the
right to protection of the law against such interference or attacks."
The Bureau of Prisons has arbitrarily interfered with Phil Berrigan's
family by terminating their visitation rights for one year because
of Mairead Corrigan Maguire's peaceful, non-violent, non-criminal
protest against an impending war. I should point out that the
United States government has been in the vanguard of the international
movement maintaining that basic provisions of the Universal Declaration
of Human Rights such as Article 12 constitute customary international
law.
Article 12 of the Universal Declaration of Human Rights has now
been codified in Article 17 of the International Covenant on Civil
and Political Rights, to which the United States Government is
now a contracting party. Covenant Article 17 provides as follows:"1.No
one shall be subjected to arbitrary or unlawful interference with
his privacy, family, home or correspondence, nor to unlawful attacks
on his honour and reputation.2.Everyone has the right to the protection
of the law against such interference or attacks." By terminating
Phil Berrigan's visitation rights with his family for the act
of Ms.Maguire, the Bureau of Prisons has arbitrarily interfered
with his family. Moreover, as Attorney General of the United States
of America, you are
obligated to protect Phil Berrigan and his family from such arbitrary
interference by the Bureau of Prisons that falls under your domain.
I should point out that the International Covenant on Civil and
Political Rights and Article 17 thereof is a treaty to which the
United States Government is a contracting party and therefore
"the supreme Law of the Land" under Article VI of the
United States Constitution, the so-called Supremacy Clause. For
these reasons, I ask you to order the immediate restoration of
Phil Berrigan's right to visit with his family.
I look forward to hearing from you at your earliest convenience.
Yours very truly,
Francis A. Boyle
Professor of International Law
Law Building
504 E. Pennsylvania Ave.
Champaign, Illinois 618200
Phone: 217-333-7954
Fax: 217-244-1478
e-mail: fboyle@law.uiuc.edu
Board of Directors, Amnesty International USA (1988-92)
Attachment
cc: Director, U.S. Bureau of Prisons
520 First Street NW
Washington, DC 20001
Stephen DeWalt
Warden
FCI Petersburg
PO Box 1000
Petersburg VA 23804-1000
Fax No.:804-863-1510
By Mail and Fax