Latest news with #U.N.ConventionAgainstTorture
Yahoo
21-05-2025
- Politics
- Yahoo
Judge orders Trump admin. to maintain custody of migrants deported to South Sudan
May 21 (UPI) -- A federal judge late Tuesday ordered the Trump administration to maintain custody of migrants being deported to South Sudan and other third-party countries in case the court finds their removal illegal and directs that they be returned to the United States. Judge Brian Murphy issued his order in response to an emergency request filed Tuesday by lawyers who stated they have evidence that a Myanmar client, identified by the initials N.M., and a Vietnamese client, identified as T.T.P., were being deported to South Sudan in violation of a court order, with other migrants potentially facing the same situation. In response, Murphy, a President Joe Biden appointee, said the court will allow the government to determine how it complies with the order but expects "that class members will be treated humanely." He also ordered the Trump administration to disclose during Wednesday's prescheduled hearing the time and manner of each migrant's notice of removal to a third country and what opportunity each had to raise fear-based claims against their removal. Concerning N.M. the government must address the details of his removal, including when and where he was removed, as well as the names of those personally involved in his deportation and "any information currently in defendant's possession regarding his current whereabouts." The ruling comes as part of a sprawling class action lawsuit filed in March challenging the Trump administration's policy of sending migrants to third countries without prior notice or an opportunity to contest their removal on the basis of fear of persecution, torture or death if removed from the United States. In mid-April, Murphy issued a preliminary injunction prohibiting the government from deporting migrants to a third country without notice and an opportunity to contest their removal. Lawyers for the migrants on Tuesday accused the Trump administration in their filing of boarding N.M., T.T.P. and other migrants onto a plane for removal to South Sudan in violation of the preliminary injunction. The filing states the government failed to provide both N.M. and T.T.P. with the opportunity to apply for U.N. Convention Against Torture protection with regard to South Sudan. The lawyers argue that their motion should not have been necessary -- just as a filing from two weeks ago should not have been required when they asked for and received an order from Murphy warning the Trump administration against similarly deporting migrants to Libya amid reports stating it was planning to do just that. In his early May order, Murphy wrote: "If there is any doubt -- the Court sees none -- the allegedly imminent removals, as reported by news agencies and as Plaintiffs seek to corroborate with class-member accounts and public information would clearly violate this Court's Order."
UPI
21-05-2025
- Politics
- UPI
Judge orders Trump admin. to maintain custody of migrants deported to South Sudan
A federal judge late Tuesday ordered the Trump administration's Department of Homeland Security, under Secretary Kristi Noem, to maintain custody of migrants deported to South Sudan in case their removals were illegal. File Photo by Anna Rose Layden/UPI | License Photo May 21 (UPI) -- A federal judge late Tuesday ordered the Trump administration to maintain custody of migrants being deported to South Sudan and other third-party countries in case the court finds their removal illegal and directs that they be returned to the United States. Judge Brian Murphy issued his order in response to an emergency request filed Tuesday by lawyers who stated they have evidence that a Myanmar client, identified by the initials N.M., and a Vietnamese client, identified as T.T.P., were being deported to South Sudan in violation of a court order, with other migrants potentially facing the same situation. In response, Murphy, a President Joe Biden appointee, said the court will allow the government to determine how it complies with the order but expects "that class members will be treated humanely." He also ordered the Trump administration to disclose during Wednesday's prescheduled hearing the time and manner of each migrant's notice of removal to a third country and what opportunity each had to raise fear-based claims against their removal. Concerning N.M. the government must address the details of his removal, including when and where he was removed, as well as the names of those personally involved in his deportation and "any information currently in defendant's possession regarding his current whereabouts." The ruling comes as part of a sprawling class action lawsuit filed in March challenging the Trump administration's policy of sending migrants to third countries without prior notice or an opportunity to contest their removal on the basis of fear of persecution, torture or death if removed from the United States. In mid-April, Murphy issued a preliminary injunction prohibiting the government from deporting migrants to a third country without notice and an opportunity to contest their removal. Lawyers for the migrants on Tuesday accused the Trump administration in their filing of boarding N.M., T.T.P. and other migrants onto a plane for removal to South Sudan in violation of the preliminary injunction. The filing states the government failed to provide both N.M. and T.T.P. with the opportunity to apply for U.N. Convention Against Torture protection with regard to South Sudan. The lawyers argue that their motion should not have been necessary -- just as a filing from two weeks ago should not have been required when they asked for and received an order from Murphy warning the Trump administration against similarly deporting migrants to Libya amid reports stating it was planning to do just that. In his early May order, Murphy wrote: "If there is any doubt -- the Court sees none -- the allegedly imminent removals, as reported by news agencies and as Plaintiffs seek to corroborate with class-member accounts and public information would clearly violate this Court's Order."
Epoch Times
20-05-2025
- Politics
- Epoch Times
Supreme Court Temporarily Pauses Extradition Proceedings Against Indian Citizen
The U.S. Supreme Court on May 19 temporarily blocked extradition proceedings against Indian citizen Monika Kapoor aimed at returning her to her home country where fraud charges are pending. Extradition is the process under which a person is transferred by one country to another to face prosecution, or to begin serving a sentence after being convicted of a crime. Justice Sonia Sotomayor Sotomayor's order, called an administrative stay, gives the justices more time to consider Kapoor's request to formally block the 2nd Circuit order. Sotomayor did not provide reasons for her decision. Kapoor entered the United States in 1999 and remained after her visa expired. In March 2010, the federal government placed her in immigration removal proceedings. She filed for asylum, withholding of removal, and relief under the U.N. Convention Against Torture, according to the 2nd Circuit decision. In April 2010, a court in India issued a warrant for her arrest, alleging she committed five fraud-related violations of the Indian Penal Code. Kapoor and her two brothers allegedly forged documents for jewelry transactions and used them to secure licenses from the Indian government to import materials into that country duty free, resulting in the Indian government losing about $679,000, the 2nd Circuit said. Related Stories 4/27/2025 3/8/2025 In her application to the Supreme Court, Kapoor said she 'fled India with her two young children in 1999 to escape abuse and torture at the hands of politicians who had targeted her family.' Her brothers had launched a jewelry import-export company years before, and when it became successful, 'it became the target of extortive demands by authorities,' she said. When those demands were not complied with, Kapoor said government agents forced their way into her home, and held her for long periods of time in isolation while screaming at and verbally abusing her, without letting her have access to water, food, or toilet facilities. The agents allegedly threatened her with physical and sexual harm, and said they were going to kidnap her children. Her husband was also allegedly detained by authorities and experienced abuse. 'To escape the torment, and because she feared for her life and the lives of her children, she came to the U.S., where she ultimately overstayed her visa,' the application said. U.S. Magistrate Judge Robert M. Levy of the U.S. District Court for the Eastern District of New York found Kapoor was eligible to be extradited to India under a treaty signed by the United States and India. The U.S. secretary of state filed a warrant allowing the extradition to proceed after rejecting Kapoor's claim that the extradition would allegedly violate the Convention because she claimed she would likely face torture if sent back to India, according to the 2nd Circuit. Kapoor then filed a habeas corpus petition challenging the secretary's ruling that extradition should proceed. Habeas corpus, which is Latin for 'you should have the body,' refers to the right of individuals to appear in front of a judge to contest their confinement. In the petition, Kapoor again raised her Convention argument, which U.S. District Judge Frederic Block rejected, finding the court lacked jurisdiction, or authority, to hear the case, the circuit court said. The 2nd Circuit affirmed, finding that the Supreme Court's 2001 ruling in INS v. St. Cyr determined that federal law 'unambiguously bars federal courts from exercising habeas jurisdiction to review [Convention] claims in extradition cases.' Under a longstanding rule, 'those like Kapoor facing extradition have never been able to obtain habeas relief based on their anticipated treatment in a receiving country, which is at the heart of a [Convention] claim.' In Kapoor's application to the Supreme Court filed on May 15, she urged the Supreme Court to pause the 2nd Circuit order. She also indicated she intends to file a petition for certiorari, or review, with the Supreme Court. Federal courts of appeals disagree over federal courts' jurisdiction regarding claims made under the Convention by individuals facing extradition abroad, she said in the application. The 2nd Circuit found that Congress has taken away federal courts' habeas jurisdiction in Convention claims, which the circuit court acknowledged was different from the approach adopted by the 9th Circuit. Kapoor said in the document that she has a credible fear of torture if sent back to India and that her Convention claim 'has never been given a fair shake.' If the 2nd Circuit order is not stayed, she will 'almost certainly be extradited' and lose the opportunity to argue her case. Sotomayor directed the lead respondent, Vincent F. DeMarco, who is identified in court papers as U.S. Marshal for the Eastern District of New York, to respond to Kapoor's application by 4 p.m. on May 27.
Fox News
28-02-2025
- Politics
- Fox News
US Embassy in Thailand warns Americans of 'violent retaliatory attacks' risk after Uyghurs deported to China
The U.S. Embassy in Bangkok is warning Americans of potential "violent retaliatory attacks" Friday after a group of 45 Uyghurs were deported by Thailand to China in a move Secretary of State Marco Rubio condemned in the "strongest possible terms." Thai police and security officials said China had given assurances that the men — who had been in custody for more than a decade — wouldn't face penalties or be harmed. They said at a news conference Thursday that all of them voluntarily returned after being shown a translation of a written Chinese agreement requesting their repatriation and declaring they would be allowed to live normally. "Similar deportations have prompted violent retaliatory attacks in the past," the U.S. Embassy warned though on Friday. "Most notably, in the wake of a 2015 deportation of Uyghurs from Thailand, improvised explosive devices detonated at the Erawan Shrine in Bangkok killing 20 people and injuring 125 others as this shrine is heavily visited by tourists from China." The Embassy is now encouraging Americans in Thailand to "exercise increased caution and vigilance, especially in crowded locations frequented by tourists due to the potential for increased collateral risk." Rubio slammed the deportations Thursday, describing it as a "forced return of at least 40 Uyghurs to China, where they lack due process rights and where Uyghurs have faced persecution, forced labor, and torture." "As Thailand's longstanding ally, we are alarmed by this action, which risks running afoul of its international obligations under the U.N. Convention Against Torture and the International Convention on the Protection of All Persons from Enforced Disappearance," Rubio continued. "This act runs counter to the Thai people's longstanding tradition of protection for the most vulnerable and is inconsistent with Thailand's commitment to protect human rights." "We urge all governments in countries where Uyghurs seek protection not to forcibly return ethnic Uyghurs to China," he added. "We call on Chinese authorities to provide full access to verify the well-being of the returned Uyghurs on a regular basis," Rubio also said. "The Thai Government must insist and fully verify continuously that Chinese authorities protect the Uyghurs' human rights." Thai lawmakers, activists and lawyers had raised the alarm Wednesday that the men were about to be deported, and after midnight, trucks with black sheets covering their windows left Bangkok's Immigration Detention Center, where they had been held, according to the Associated Press. The news agency reported that it appeared the truck drove them to Bangkok's Don Mueang airport, where a China Southern Airlines plane was waiting, and then flew to the heartland of China's Uyghur population in northwestern Xinjiang province. In a statement on Facebook, the Chinese Embassy acknowledged Thursday that 40 Chinese nationals who it said entered Thailand illegally were deported to Xinjiang by a chartered flight. It said the men had been detained in Thailand for more than 10 years because of "complicated international factors."
Yahoo
27-02-2025
- Politics
- Yahoo
US condemns Thailand's return of 40 Uyghurs to China
By Michael Martina and David Brunnstrom WASHINGTON (Reuters) - U.S. Secretary of State Marco Rubio on Thursday condemned Thailand's return of at least 40 Uyghurs to China, where Washington says members of the Muslim group have faced genocide. The move by Thailand, a U.S. ally, came despite urging by United Nations human rights experts not to return the Uyghurs the Thai government has held in detention for a decade, warning they were at risk of torture, ill-treatment and "irreparable harm" if returned. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. Rights groups and some Western governments accuse Beijing of widespread abuse of Uyghurs, an ethnic minority numbering about 10 million in China's western region of Xinjiang. Beijing denies any wrongdoing. "We condemn in the strongest possible terms Thailand's forced return of at least 40 Uyghurs to China, where they lack due process rights and where Uyghurs have faced persecution, forced labor, and torture," Rubio said in a statement. The top U.S. diplomat said Thailand risked "running afoul of its international obligations" under the U.N. Convention Against Torture and other global conventions, and called on Thai officials to "fully verify continuously" that Chinese authorities protect Uyghurs' human rights. "We urge all governments in countries where Uyghurs seek protection not to forcibly return ethnic Uyghurs to China," Rubio said. Rubio, who was a staunch advocate for Uyghurs when he served as a U.S. senator, reiterated that Beijing's treatment of the group had amounted to "genocide and crimes against humanity," a designation the U.S. first made in the waning hours of President Donald Trump's first term in 2021. The Biden administration maintained the genocide designation, enraging Beijing, and the issue since has been a sticking point in rocky U.S.-China relations. Rubio said during his confirmation hearing in January that he would use the strong U.S. relationship with Thailand to prevent the Uyghurs from being sent back. China denies allegations of forced labor toward Uyghurs, arguing it had established "vocational training centers" in recent years to curb terrorism, separatism and religious radicalism. The Thai embassy in Washington did not respond immediately to requests for comment on Rubio's remarks. China's embassy said the repatriation was "carried out in accordance with the laws of China and Thailand, international law and common practices" and that the "lawful rights and interests of individuals concerned are fully protected." "We stand firmly against the attempts to use human rights as a pretext to interfere with China's internal affairs and to use Xinjiang-related issues to disturb normal law enforcement cooperation between countries," embassy spokesperson Liu Pengyu said in an emailed response. Concerns about the repatriations grew in Thailand early on Thursday after media reports and images showed several trucks with windows covered in black tape leaving the Bangkok immigration center where 48 Uyghurs had been held. Those 48 Uyghurs were part of a group of 300 who fled China and were arrested in 2014. Some were sent back to China and others to Turkey, with the rest kept in Thai custody. A few hours later, at 4.48 a.m., an unscheduled China Southern Airlines flight left the Don Mueang airport in the Thai capital to land six hours later in Kashgar in China's Xinjiang region, tracker Flightradar24 showed. Thailand's defense minister later said the Uyghurs had been sent back in accordance with international standards, and that China had assured Thailand the individuals it returned would be looked after.
