Petition updateVictoriosa y Firme NinaNew sanctions imposed on Nina Droz, by Candida Cotto.
Eduardo RiveraSan Juan, United States
Sep 1, 2017
English translation(Deborah Santana): New sanctions imposed on Nina Droz, by Candida Cotto. Published in CLARIDAD, August 29, 2017. To attorney Eduardo Villanueva Muñoz, human rights observer and spokesperson for the Human Rights Committee of Puerto Rico (CPDH), the restrictions imposed on Nina Droz since August 18 — suspension of visits and denial of access to the prison comissary for six months, plus limiting shower access to three days a week — are unusual punishments that violate her human rights. "Obviously they have made their case in order to give an intimidating example to others who are fighting against the dictatorship of the (U.S. imposed) Fiscal Control Board (“Junta”)," he denounced in an interview. Villanueva Muñoz, who visited Droz as an legal human rights observer during July 23-24, expressed concern that the punishment imposed on the young woman is intended to create a public climate for the judge to impose the maximum sentence, instead of the sentence recommended by the prosecution. As explained to CLARIDAD by Villanueva Muñoz — and separately by attorney Mariana Nogales, a friend of Droz — the arrangement between the prosecution and Droz’ defense attorneys is that the prosecution would recommend a sentence of 24-37 months, from which the time already spent in prison will be discounted. Droz is under the jurisdiction of the US government (“federal”) court, and has been imprisoned since 1 May. According to Villanueva Muñoz, in the case of Droz many human rights violations have occurred, including that she was not even told for several weeks why she was put in the “hole” (solitary confinement); he believes that they will try to impose the maximum sentence as an intimidating example to all who protest against the Junta. "This is very worrying, very regrettable, and I think it should generate a protest from the various organizations that are supposed to ensure civil rights in this country," said the Committee spokesman, who led the campaign for the release of Puerto Rican political prisoners, including Oscar López Rivera. He asked the Civil Rights Commission (CDC) of Puerto Rico to send a lawyer as an observer to meet with Droz, because as a state entity the Commission is able to generate public opinion to protect Droz’ constitutional rights. He denounced that this has not happened, under the excuse that they have not been able to communicate with her lawyer. Although may be assumed that the time that she has already been in prison will be discounted from the sentence, Villanueva Muñoz observed that at the federal level the constitutional rights of prisoners and defendants are very limited, and the U.S. Department of Justice has jurisdiction over prisons. The lawyer stressed that he is concerned about the (federal court-led) public relations operation against the young woman to justify any action of the judge in the “court” of public opinion. "I think that all people who form public opinion in favor of the constitutional and human rights of prisoners, especially those with emotional health conditions here, should raise their voices and protest, including feminists, who should come out to defend it. Lawyers - no matter what is their ideology - should refrain from making expressions that can create a climate against her as she can not speak on her own behalf, so they should not lend themselves to that dirty game. That is what disgusts me, that must be denounced," said Villanueva, who denounced the case of Droz at the recent hearing on Puerto Rico of the UN Decolonization Committee. For her part, attorney Mariana Nogales reported that Nina was removed from solitary on Friday August 18, but it was not until being 16 days in “the hole” that they gave a copy of the report of the incident that supposedly sent her there. The report was supposed to have been given to her at the time of the incident on July 27. It was not until Monday August 14 that Droz was taken to a hearing before a disciplinary officer, in which the person appears alone and defends herself without a lawyer. At that moment they told her that they were going to return her to solitary for five more days in solitary; in addition, they announced the imposition of new sanctions (prohibition of visits and comissary use). Nogales commented that the consequences of lack of access to the comissary are serious for Nina since it limits access to food. Without the comissary prison food is limited to three meals which are almost always ground beef, pasta and rice. In addition, access to personal hygiene products that women need is limited, and it is not permitted to send them. "It seems to me a disproportionate punishment. The object that was found (that resulted in punishment) is not a pistol nor a big, sharp object. It is a bit of plastic like a hook, but the feds claim that it is a “file-able” article that falls under a classification of a weapon," she said. Nogales notes that the punishment of suspending visits is one that is supposed to be related to a disciplinary infraction that occurred during a visit, or receiving contraband. In Nina Droz’ case neither occurred. According to the procedures, within the next 20 days the young woman will prepare an appeal for a new hearing on the sanctions. Meanwhile, a meeting of Nina with her defense is pending to examine her pretrial report. Nogales also expressed concern that the sanctions will affect the determination of sentence that can be imposed by Judge Aida Delgado, who had denied bail. It is expected that the sentence reading will be between October 24-26. In case the judge imposes a sentence of more than five years (which is supposedly the maximum due to the plea agreement) it is assumed that Droz would be entitled to an appeal.
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