Reporting Oakland police violations of human rights and fundamental freedoms

An explanation of the complaint process and the complain form can be found at: http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/HRCComplaintProcedureIndex.aspx

The form can be directly downloaded: http://www.ohchr.org/Documents/HRBodies/ComplaintProcedure/HRCComplaintProcedureForm.doc

Complaint forms can be sent either by email, fax or by post:

Email: CP [at] ohchr.org
Fax: (41 22) 917 90 11
Post: Complaint Procedure Unit
Human Rights Council Branch
Office of the United Nations High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland

The situation in Oakland in regards to violation of rights and freedoms by the police department should meet the criteria for an investigation, due to the ongoing patterns of violations. Grievances against the Oakland police are not politically driven, meeting the first criteria in the complaint procedure. The object of complaints about the Oakland police are "consistent with... the Universal Declaration of Human Rights and other applicable instruments in the field of human rights law."

Specifically pertaining to the events of May 23rd, OPD violently enforced a curfew against peaceful protesters. This curfew violates freedom of assembly and freedom of speech. Peacefully marching in the street is not criminal and not illegal. Furthermore, the Oakland police detained people who were gathered on the sidewalk, not on the street. Certain individuals were arrested while on the sidewalk. The UN should be concerned that the curfew could be prolonged indefinitely, and also extended to included any night time movement and activities. The UN should be concerned that Oakland police may escalate use of force to uphold the curfew, and should be concerned about potential injuries to those who challenge the curfew. The Oakland police themselves said protesters had to disperse or "risk serious injury". The Working Group on Communications and the Working Group on Situations should be concerned that Oakland police were openly making threats to inflict "serious injury". It is standard for Oakland police to use explosive, incendiary and other chemical agents for dispersal: flash-bang grenades, smoke bombs, tear-gas bombs are normal equipment in the Oakland police anti-protest arsenal.

Oakland police also enforced the curfew regardless of "purpose", trying to clear journalists, particularly independent journalists, from the area. OPD has a history of hostility towards independent journalism, often asking people to show press passes, which not all independent journalists have, especially those who are starting out in the the field.

It is known that mass kettling is a tactic utilized by the Oakland Police. United Nations Special Rapporteur Maina Kiai condemned kettling in 2013, in a report on human rights violations by the London police. The Special Rapporteur wrote "the police practice of containment or ‘kettling'... is detrimental to the exercise of the right to freedom of peaceful assembly due to its indiscriminate and disproportionate nature." Kiai added, "[Kettling] has a powerful chilling effect on the exercise of freedom of peaceful assembly... many people [refrain] from exercising their right to freedom of peaceful assembly for fear of being kettled." The reported also noted that kettling "is used for intelligence gathering purposes, by compelling [people] to disclose their name [or other personal information] as they leave the kettle."

The UN Special Rapporteur condemned "the use of embedded undercover police officers in groups that are non-violent and which exercise their democratic rights to protest and take peaceful direct action." During the December protests in Oakland and Berkeley, OPD (and other law enforcement groups) placed undercover police in the crowds. On the night of December 10th, an undercover officer pulled a gun on protesters and a photographer, after he and his partner were revealed as working undercover. Maina Kiai expressed concern over "the resultant trauma and suspicion [the use of undercover police causes]", adding the use of undercover police is "unacceptable in a democracy... a clear violation of basic rights protected under the Human Rights Act, and more generally under international law, such as the right to privacy." The use of undercover operatives by the Oakland police (and assisting departments) is detrimental to Oakland communities and violates the rights of protesters. Oakland police can observe without placing undercover officers into crowds and protest groups.

The Oakland police have not been held accountable for killings of citizens. The protests in Oakland are a result of the lack of due process and a lack of justice for those killed by OPD. The Black community in particular suffers the loss of human life by Oakland police officers. There are nationwide protests against violence towards Black Americans by police. The Human Rights Council should be concerned over the loss of life in Oakland, and in the United States as a whole.

Another criteria of the complaint procedure is the "domestic remedies have been exhausted, unless it appears that such remedies would be ineffective or unreasonably prolonged." Oakland police have been taken to civil court and Federal court; the civil process at Oakland city council has been exhausted, complaints have been made by Oakland citizens, and there have been local hearings. There is a documented history of violence by Oakland PD, revealing a consistent pattern of human rights violations.

Any person or group of people (non-government affiliated) can send a complaint to be read by the Working Group on Communications and the Working Group on Situations. Complaints can be sent by those "claiming to be the victims of violations of human rights and fundamental freedoms, or by [those] acting in good faith in accordance with the principles of human rights." To be read, complaints must be non-anonymous. Complaints must also not contain abusive language.

The United States is a UN member nation, and domestic police forces must follow UN treaties and charters. The UN released a report condemning the London police in 2013. The UN can be petitioned into investigation the Oakland police department. Domestic police departments, such as OPD, are not above international law.

The Human Rights Council can investigate the Oakland police. A special report was released on violations of human rights and fundamental freedoms by the London police departments. The Oakland police department should meet the criteria for investigation.

More information, answers to common questions about the complaint process, and link to the form can be found: http://www.ohchr.org/EN/HRBodies/HRC/ComplaintProcedure/Pages/FAQ.aspx

The form can be downloaded directly in PDF format. Print to distribute during Oakland rallies, marches, and city council meetings: http://www.ohchr.org/Documents/HRBodies/ComplaintProcedure/HRCComplaintProcedureForm.doc