I Nicole Ramos Project Director Border Rights Project June 22, 2017 .S, Department of Homeland Security Office for Civil Rights and Civil Liberties Compliance Branch 245 Murray Lane, SW Building 410, Mail Stop #0190 WaShington, DC. 20528 RE: Omar Arnoldo Rivera Martinez (An?i Dear CRCL Compliance Branch Officer: Irepiesent Omar Rivera Martinez and .. - - - . ,two Saliradm an asylum seekers now detained in the Adelanto Detention Facility I. write new to request that your office immediately investigate the brutal attack ct these men committed by GEO guards on June 12, 2017. i am also requesting that your office immediately investigate the conduct of ICE of?cers at the facility, and the Los Angeie?s Field Of?ce, with respect to their failures to tcspond to this attack, failures which have resulted in repeated violations of Mr Rivera Martinez and - "a basic rights. Finally, I. am requesting that. remedy these egregious violations by ensuring Mr Rivera Martinez .. - - - - mmediate release from custody on humanitarian parole. On June 12, 2017W'amd Mr. Rivera Martinez, along with seven other asylum seekers, began a peaceful hunger strike. The purpose of this fast was to alert of?cials to their concerns over inhumane conditions and treatment at the facility. For this nonviolent action, the men were beaten, tortured, denied access to medical care, placed in segregation, and denied. their right to private attorney-client communications. Even more troubling, GEO guards made statements to both counsel, and Mr Rivera Martinez, linking the men? ability to receive medical care, or the ability to meet with counsel in private, to the fact that the men were under- disciplinary sanction following the gaai'ds? savage attack A Peaceful Hunger Strike On Monday June 12, 2017, Mr Rivera Martinez amt: --.. along with the seven other asylum seekers of the ?Adelanto 9, began a hunger strike on that date, between 5:30am Nicole Ramos I Project Director I Al Otto Lado Border Rights Project - 511 E. "San Ysidro Blvd. 333 I Saanidro, Califorr?a 92173 664-526-0145 (MK) 1 619-786-4866 (USA) Fax 619-202-7752 nicolc@alotrolado.org I alotroladoorg and 7am, the asylum seekers quietly took their seats at two tables in the dining area of the dormitory' 111 which they also slept. As other detainees began to eat, the men chose to abstain, instead requesting to speak with an of?cer so that they might explain the reasons behind the hunger strike. The men had drafted a complaint letter and attempted to present their complaint to an of?cial. However, every guard and administrator to whom the asylum seekers attempted to show their complaint simply refused to look at it After noting that the asylum seekers were refusing to eat, the GEO guards ordered the men to eat, or to return to their beds The men again asked to speak with someone about their grievances, and indicated their intention to remain seated until someone spoke with them. The asylum seekers then linked arms. Physical Abuse of the Asylum Seekers, Denial of Medical Care Due Process While this attack involved several guards, the exact number which 1s unknown at this time (but is estimated to be between 5 and 10 guards), Mr. Rivera Martinez an both recali a Caucasian female lieutenant began screaming at the group in English, and showering them with pepper spray. Shortly thereafter, other guards joined in the attack. Mr Rivera Martinez noted the presence of an African American bearded male guard approximately 190cm tall, a Caucasian male guard approximately 170 cm in stature, and a Caucasian female guard with greenish-grey eyes. If provided a photo array of the guards assigned to the morning shift on June both Mr Rivera Martinez and?can identify their attackers This incident also occurred in front of numerous other detainees housed within the dormitory, many of whom could identify?and Mr Rivera Martinez?s attackers. As the guards doused the group in pepper spray, the asylum seekers attempted to huddle together in order to shield their eyes from the painful chemicals. However, the guards broke their huddle, continuing to shower them with pepper spray in their faces, all over their bodies, including their genital area, soaking their clothing. At some point, the asylum seekers were handcuffed. The men were then ordered to take a hot .. shower. At first, Mr. Rivera-Martinez refused to shower. To force his compliance, a Caucasian female guard scratched Mr. Rivera Martinez all over his forearms, torso, and back. A Caucasian male guard then grabbed Mr. Rivera Martinez and slammed him face? first into a concrete wall, causing Mr Rivera Martinez? 3 nose to fracture, his upper right lateral cuspid tooth to break and fall out, an_d_ the crown on his bottornwleft second bicustid tooth to break and fall out. For his part 41?. - xperienced excruciating pain in his genital area Where guards repeatedly sprayed 1m with pepper spray.? Both Mr. Rivera Martinez andquoned that the guards forced the men to- bathe' 111 hot water, as opposed to cool water for purpose of causing the asylum seekers more pain. Both men reported that the guards laughed as they showered because it was clear that the men were in severe pain. The fact that those responsible for their care and custody were now laughing at them, after beating them like animals, humiliated and terrified the men. Lry'grt'es the Refusal to Provide Medicai Treamtenr During this attack, Mr. Rivera Martinez sustained approximately ?30 separate scratch marks? on his body, ?ranging in length from one to several inches.? See Affidavit of? Attorney Hussein Nicole Ramos - Project Director Border Rights Project Turk. His nose is ?visibly fractured and off?set to the left side of his face by several millimeters? ?See id He has bruising on his right wrist These Injuries were ws1ble ?ve days after the beating. See id. Mr Rivera Martinez and -. - - ave received no medical care apart from having their vital signs taken Mr Rivera Martinez has made numerous verbal and written requests for medical care from the guards. He has complained of extreme difficulty breathing as a result of his nose being fractured. However as of June 17, 2017, he still had not received medical care. Indeed, one guard told Mr. Rivera Martinez that he would not receive care because he was being I. punished .It is particularly puzzling why Mr. Rivera Martinez has not received medical treatment to . address his visibly obvious injuries given the fact that ICE of?cers took photographs of Mr. - Rivera Martinez?s mouth and face following the attack, ICE officers at the facility therefore have direct knowledge that Mr. Rivera Martinez was badly injured and needsmedical attention, and have done nothing to ensure that he receives appropriate treatment. Mr. Rivera Martinez 1s ?now in so much pain that he cannot sleep,? and is ?too afraid of?trther torture to ask for medicai . treatment.? See Affidavit of Hussein Turk Preventing Access to the Complaint Process -- -- -- and Mr. Rivera Martinez have made numerous requests to be provided with cornplaint forms in order to report the guards? attack, and pursue an administrative grievance. However, the guards have repeatedly refused to provide copies of these forms. ICE officers have also failed miserably in their response to this attack. Despite ICE of?cers conceding that they had watched the recording of the beating, after which they determined that the GEO guards? actions violated the men? rights, and despite ICE officers making vague promises that the guards would be disciplined, -- and Mr. Rivera Martinez have not been informed what consequences, if any, will be meted not to the perpetrators of their assault Hoivever, the men have been provided with paperwork indicating that the Adelanto facility has taken disciplinary action against them Curiously enough, papeIWork received by Mr. RiVera Martinez shows that he was transferred to solitary con?nement for violating Rule 213 ?Inciting a Group Demonstration? on June 12, 2017 (despite statements made to him and counsel that he had been placed in medical isolation for of varicella, i.e. chickenpox). The memorandum decision indicates that Mr. Rivera Martinez?s punishment was to last 10 Nicole Ramos I Project Director Al Otro Lado Border Rights Project 511 E. San Ysidro Blvd. 333 1 San Ysidro, California 92173 664-526 0145 (MK) 6193864866 (USA) I Fax 619 202 7752 Incole@alotrolado.org l'alotroladocrg consecutive days; that this punishment had been determined at an administrative hearing-and that Mr. Rivera Martinez was informed of his rights prior to the hearing. However Mr. Rivera Martinez does not recall attending any disciplinary hearing on that date, does not recall being advised of his right to retain counsel, and does not recall being provided documents in his native language such that he could understand the nature of the disciplinary charge against him. Moreover, the combination of not knowing whether their attackers will be disciplined, and that they will be protected from future attacks, being denied access to the only avenue that they can raise concerns for their safety, while being isolated in. segregated housing, creates a tortuous environment for Mr. Rivera Martinez WE 3 Because if the guards are permitted to viciously attack without consequences, and ICE officers are permitted to ignore their pleas _for help, while the asylum seekers themselves are punished, their safety while in the'care of the United States goVernInent is not a foregone conclusion. Oranres Violations On Wednesday, June 14, 2017, I spoke with Lieutenant Otter at the Adelanto Facility regarding arranging a legal visit with Mr. Rivera Martinez. He advised that because Mr. Rivera Martinez was in ?medical quarantine," I would not be permitted to visit with him. I then questioned Lieutenant Otter regarding arranging a legal call, to which he responded that 'Mr. Rivera Martinez could call me from the pay phone. I reminded Lieutenant Otter that Mr. Rivera Martinez, under Grantes has the right. to private attorney-client communications with counsel, and that the facility-would have to provide a way for that to take place either or via a . non~monitored telephone line. On Saturday June 1'7, 2017, Attorney Hussein Turk visited with 55? - gather more information regarding the attack. However, Of?cer T. Johnson informed Attorney Turk "that he-could not visit with in a contact visitation room because . was being disciplined. Attorney Turk requested to be provided ?.__this policy I I I I I . Mr.? statement in but none was provrded. Thus themeeting w1th - - took place in ire-contact visiting area with a glass partition and phone receiver. was not private as GEO guards were in the same room within earshot,? making-"7- - visibly a?aid to disclose information. Attorney Turk advised "the guards that?s; "f was entitled to conduct meetings with legal counsel in private, but these requests were ignored. Mr. Rivera Martinez and ii; . were also threatened, that if theyldid not cease their hunger strike they would be sent to etention centers in other states. This threat to transfer Salvadciran asylum seekers out-of-state, away from counsel, is also an Dramas violation. CRIMES is clear. As Salvadoran asylum seeker-59nd Mr. Rivera Martinez are entitled to conduct attorney?client meetings with egal counsel in a setting which ensures the con?dentiality of . those cormnunications. That Mr. Rivera Martinez was under medical quarantine, which was conveniently imposed following the beatin still does not excuse the facility or its obligation to comply with (Dramas. Further, the "j is under as: . . - Nicole Ramos .2 . . . 1.. Project Director aid this Border Rights Project disciplinary sanction, the appropriateness of itself which is dubious, should not impact his rights under the clearly established parameters of Greater. The burden is upon ICE and the facility to make arrangements that ensure compliance with Grantes. Investigation Action Steps Requested ?and Mr. Rivera Martinez request an immediate investigation into this savage assault of defenseless asylum seekers detained at the Adelanto Detention Facility. They further request that the GEO guards responsible be immediately terminated. They request that the ICE of?cers who failed to take action be disciplined, and that record of such disciplinary action be clearly noted in their personnel files. . Counsel further requests that and Mr. Rivera Martinez be released immediately on humanitarian parole.? and Mr. Rivera Martinez have passed, their credible fear interview, an interview they would not have otherwise had but for the last minute intervention of counsel, after ail of the Border Patrol and ICE officers with whom the pair interacted refused to refer them for a credible fear interview. Despite the fact that both men repeatedly expressed that they were seeking asylum, of?cers ignored them, forcing them onto a plane to be deported, removing them from the plane only after. learning that counsel had submitted her (3-28 Notice of Attorney Representation. The dramatic irony here is that these men ?ed El Salvador to escape violence, persecution, and the of?cial corruption which allows such social epidemics to continue. They fled to the United States because it is believed that the United States is a nation where the rule of law can be trusted. However, what?and Mr. Rivera Martinez could not have anticipated was that here, guards, on the payroll of the U.S. government, would be permitted to abuse them, and that they would be tortured. The Convention Against Torture and Other Cruel, Inhuinan or Degrading Treatment or Punishment, de?nes torture as ?any act by which severe pain or suffering, whether physical or mental, is intentionally in?icted on a person for such purposes him for an act [and] when such pain'or suffering is in?icted with the consent or acquiescence of a public official or other person acting in an official capacity.? Here, nine asylum seekers drafted a letter, and tried to present it to officials who refused to read it. GEO guards, contracted by ICE, brutalized the men, for the offense of remaining seated. The guards gouged and bruised Mr. Rivera Martinez?s arms and torso, smashed his head into a concrete wall, knocked out his crown and tooth, and broke his nose. The guards doused the men Nicole Ramos I Project DirectOr Al Otro Lado i Border Rights Project 511 E. San Ysidro Blvd. 333' 1 San Ysidro, California 92173 6641?5260145 (MK) 1 6194864866 (USA) I Fax619-202-7752 nicole@aloholado.org I alotrolado.org in pepper spray, forced them to shower in hot water to increase their pain, and then laughed at them as they writhed helplessly. The guards continue to torture the men, refusing to previde? medical treatment and cutting off their access to the complaint forms, the only avenue through which they can take action against the guards responsible for their attack. The failure to immediately investigate this matter is official acquiescence in the face of torture. Counsel urges this of?ce to investigate, and take swift action to protect Mr. Rivera Martinez, and the other seven members of the Adelento 9. . Respectfully, I Nicole Ramos