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U.S. | Racial Justice

What Happened to Danny ?
by William Gomes
Saturday Dec 24th, 2011 4:11 AM
I wonder you may not recognized Danny .It is the Danny Chen of the 3rd Battalion, 21sr infantry regiment of the 1st Stryker Brigade Combat Team of the 25th Infantry Division who was deployed to Afghanistan.

On October 3, 2011, Danny Chen died, but not from combat injuries. He was found dead in the living quarters of the army base where he was stationed in Afghanistan with an alleged gunshot wound below his chin.

Mr.President , surely Danny will not come back , but the community deserves to know the truth in a timely manner as to the circumstances leading to Danny’s death and the cause of his tragic death.

Mr. President , the greatest horror is that Danny Chen was allegedly subjected to this abuse by eight other Americans wearing the uniform of the United States of America.
danny-chen.jpg
danny-chen.jpg

December 25, 2011

President Barack Obama
President of the United States of America
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Fax: +1-202-456-2461

Dear Mr. President,

On the very day of Christ mass , I am writing to you with hope that you will do justice to the family of Danny Chen .

While others are enjoying the very day , Chen family is in deep sorrow.

I wonder you may not recognized Danny .It is the Danny Chen of the 3rd Battalion, 21sr infantry regiment of the 1st Stryker Brigade Combat Team of the 25th Infantry Division who was deployed to Afghanistan.

On October 3, 2011, Danny Chen died, but not from combat injuries. He was found dead in the living quarters of the army base where he was stationed in Afghanistan with an alleged gunshot wound below his chin.

Mr.President , surely Danny will not come back , but the community deserves to know the truth in a timely manner as to the circumstances leading to Danny’s death and the cause of his tragic death.

Mr. President , the greatest horror is that Danny Chen was allegedly subjected to this abuse by eight other Americans wearing the uniform of the United States of America.

Mr.president, Everyone is a Foreigner somewhere, that your soldiers should know . According to the available information and media reports it is primarily clear that Danny was victim of racism, racial discrimination related intolerance and xenophobia by his fellow officers.

I respectfully ask you to uphold the rule of law and its obligations under international law in ensuring effective investigation into murder of Danny Chen.

It is indeed a fundamental tenet of the rule of law and also of criminal law that it applies to all equally irrespective of origin or status. Danny chen was also subjected to serious mental torture , the prohibition of torture is a higher norm of international law (ius cogens) owed to all states (erga omnes) who should take actions bringing them to an end.

I urge you please comply with the provisions of the United Nations International Convention on the Elimination of All Forms of Racial Discrimination,especially:

Article 5 -In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

(a) The right to equal treatment before the tribunals and all other organs administering justice;

(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;

(c) Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;

(d) Other civil rights, in particular:

(i) The right to freedom of movement and residence within the border of the State;

(ii) The right to leave any country, including one’s own, and to return to one’s country;

(iii) The right to nationality;

(iv) The right to marriage and choice of spouse;

(v) The right to own property alone as well as in association with others;

(vi) The right to inherit;

(vii) The right to freedom of thought, conscience and religion;

(viii) The right to freedom of opinion and expression;

(ix) The right to freedom of peaceful assembly and association;

(e) Economic, social and cultural rights, in particular:

(i) The rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration;

(ii) The right to form and join trade unions;

(iii) The right to housing;

(iv) The right to public health, medical care, social security and social services;

(v) The right to education and training;

(vi) The right to equal participation in cultural activities;

(f) The right of access to any place or service intended for use by the general public, such as transport hotels, restaurants, cafes, theatres and parks.

Article 6-States Parties shall assure to everyone within their jurisdiction effective protection and remedies, through the competent national tribunals and other State institutions, against any acts of racial discrimination which violate his human rights and fundamental freedoms contrary to this Convention, as well as the right to seek from such tribunals just and adequate reparation or satisfaction for any damage suffered as a result of such discrimination.
Article 7- States Parties undertake to adopt immediate and effective measures, particularly in the fields of teaching, education, culture and information, with a view to combating prejudices which lead to racial discrimination and to promoting understanding, tolerance and friendship among nations and racial or ethnical groups, as well as to propagating the purposes and principles of the Charter of the United Nations, the Universal Declaration of Human Rights, the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, and this Convention.

Accordingly I ask you please ensure a proper investigation of the alleged murder of Danny Chen and lets us know what happened to Danny.

More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by United States of America.

I thank you in advance for your attention and consideration.

Yours sincerely,

William Nicholas Gomes
William’s Desk
http://www.williamgomes.org