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Amnesty Urgent Actions
Startseite Urgent Actions 2019 02 Demand transfer for Native American activist
UA 016/19
USA
Abgeschlossen am 28. Mai 2019
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Request for transfer denied

Unfortunately Leonard’s request for transfer was denied in mid-March. The initial denial of transfer will be appealed, so we are extending the deadline of the UA till May 28th and encourage you to continue taking action.

Demand transfer for Native American activist

AI-Index: AMR 51/9791/2019

Native American activist Leonard Peltier has been imprisoned in the USA for over 40 years despite concerns over the fairness of his trial. The Bureau of Prisons should grant his request for a transfer, so he can be in a facility that is closer to his relatives and with better access to medical care facilities to treat his chronic health issues. We also continue to call for Leonard Peltier to be granted clemency and be released.

ADDITIONAL INFORMATION

On 26 June 1975, during a confrontation involving American Indian Movement members on the Pine Ridge Indian reservation in South Dakota, Federal Bureau of Investigation (FBI) agents Ronald Williams and Jack Coler were shot dead. In 1977, Leonard Peltier was convicted of their murders and sentenced to two consecutive life sentences. Leonard Peltier does not deny that he was present during the incident, however, he has always denied killing the agents as was alleged by the prosecution at his trial.

Myrtle Poor Bear, a Lakota Native woman who lived at Pine Ridge, was a key alleged eyewitness to the shootings, and on the basis of her statement that she had seen Leonard Peltier kill Ronald Williams and Jack Coler, Leonard Peltier was extradited from Canada, where he had fled following the shootings. However, Myrtle Poor Bear later retracted her testimony. Although not called as a prosecution witness at trial, the trial judge refused to allow Leonard Peltier’s attorneys to call Myrtle Poor Bear as a defence witness on the grounds that her testimony «could be highly prejudicial to the government». In 2000, Myrtle Poor Bear issued a public statement to say that her original testimony was a result of months of threats and harassment from FBI agents.

In 1980, documents containing evidence which might have assisted Leonard Peltier’s case, but which had been withheld by the prosecution at trial, were released to Leonard Peltier’s lawyers as a result of a lawsuit under the Freedom of Information Act. However, in 1986, the U.S. Court of Appeal for the Eighth Circuit denied Leonard Peltier a retrial stating that: «We recognize that there is some evidence in this record of improper conduct on the part of some FBI agents, but we are reluctant to impute even further improprieties to them».

The U.S. Parole Commission has held a number of parole hearings on Leonard Peltier’s case. However, it has denied parole on the grounds that Leonard Peltier did not accept criminal responsibility for the murders of the two FBI agents. This is despite the fact that, after one such hearing, the Commission acknowledged that, «the prosecution has conceded the lack of any direct evidence that you personally participated in the executions of two FBI agents».

Due to the numerous issues at trial and the exhaustion of all of his legal avenues for appeal, Amnesty International supports ongoing calls for clemency for 74-year-old Leonard Peltier.

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