Human rights campaigner Mr. Noordin Mengal was denied entry into the USA and detained. In what appears to be a clear violation of international law, Mr. Mengal was deprived of the rights accorded to detained persons awaiting charge, and was denied contact with both his family and legal counsel.

Below is an appeal written by UNPO:

The Hague, 3 July 2008

 
Subject: Urgent Appeal – Detention and repatriation of British national Mr. Noordin Mengal

Below you will find a detailed record of what happened to Mr. Mengal – human rights campaigner at the United Nations Human Rights Council in association with Interfaith International, and member of the Baluchistan National Party, part of the Unrepresented Nations and Peoples Organization – when he attempted to enter the United States of America for leisure travelling. In what appears to be a clear violation of international law, Mr. Mengal was deprived of the rights accorded to detained persons awaiting charge, and was denied contact with both his family and legal counsel.

On Monday 23 June 2008, Baluch human rights defender Mr. Noordin Mengal was detained at Newark Liberty International Airport in the United States of America (USA) upon his arrival from the United Arab Emirates (UAE). After being detained for nearly 26 hours in the custody of the US Department of Homeland Security and ultimately denied access to the USA, he was sent back to Dubai. Mr. Mengal, grandson of Baluch leaders Sardar Attaullah Mengal and Nawab Khair Bakhsh Marri, is a British citizen.

On 23 June 2008, upon arrival at Newark at 6:35 pm on flight QR 83 of Qatar Airways, Mr. Mengal was detained for questioning by the Customs and Border Protection Enforcement of the US Department of Homeland Security. Mr. Mengal was questioned about Baluchistan and the details of his human rights activities. Under the Visa Waiver Programme (VWP), a scheme aimed at facilitating tourism and short-term business trips, British nationals are exempt from formal visa procedures and can freely visit the USA for a maximum stay of no more than three months on each entry. Contrary to this, Mr. Mengal was told that he would not be granted entry to the USA and could only return after being issued a visa by the US State Department. Mr. Mengal subsequently asked an official if he could contact the British consulate. The official confirmed his right to do so, but told him it would only be possible just prior to his departure. Mr. Mengal was denied access to a telephone to contact his family, and US officials did not inform Mr. Mengal’s family of any developments. At approximately 9:30 pm, Mengal was told that he would be sent to the United Kingdom (UK).

According to Mr. Mengal, the detention room was empty by 11 pm. At 2 am he was once again taken for formal questioning, of which a transcript was promised to him. The officials noted that the additional questioning was a mere formality, and that the decision to repatriate Mr. Mengal had already been made. At the end of the questioning, Mr. Mengal was asked if he would like to call someone within the USA, as he could not call internationally. He was assured that he could make a call in the morning.

Mr. Mengal was informed that he would be given a place to rest, but was instead forced to sit on a chair for another 10 hours, during which time he was repeatedly told that he would soon be taken to another facility. At approximately 6 am (Tuesday 24 June 2008) he was given a thermoplastic blanket (disposable emergency sheet made of yellow polyethylene with a cellulose matting insulation) to use. At around 11 am, a group brought Mr. Mengal to another facility. The authorities handcuffed Mr. Mengal, locked his handcuffs to a heavy chain looped around his waist, and led him through the airport lounge to the back of a white armoured detention vehicle parked outside the airport. The vehicle was outfitted with a padlocked caged door in the rear and two caged partitions inside. Mr. Mengal was taken to the Elizabeth Detention Facility in Elizabeth, New Jersey, where he was held in a white detention cell with an armoured steel door. Mr. Mengal estimates he was there for over 5 hours, during which time a number of prisoners from Colombia, convicted of illegally residing in the USA, joined him in the cell. Upon asking an official about his legal status, Mr. Mengal was told that he was not a criminal, nor an offender. Mengal asked the official whether a British citizen had ever been detained at this facility. The official replied, “Never.”

In the evening, Mr. Mengal was once again restrained with chains and handcuffs, and transported back to the airport, where he was escorted through the arrivals lounge to the office of the Department of Homeland Security. Mr. Mengal asked an official if he had the right to call a lawyer. He was told he was no longer entitled to one, and could only have done so on the day of his arrival. On the day of his arrival, however, he was not informed of any of his rights, nor was he allowed to contact anyone. By 8 pm on Tuesday 24 June 2008, Mr. Mengal was escorted to a Qatar Airways aircraft by officials of the US Immigration and Customs Enforcement, who continued to interrogate him for another half hour whilst criticizing his human rights activities. Mr. Mengal was told he was being sent back to Dubai, and that he may be denied entry and detained again even upon obtaining a visa. Mr. Mengal was informed that he was not being deported, but was simply regarded as inadmissible. Throughout his detention, Mr. Mengal was denied the right to contact an official from either the British Embassy or Consulate.

Mr. Mengal boarded Qatar Airways flight QR 84 to Geneva, Switzerland, where he was escorted to an isolated lounge before being escorted back to a plane to Doha, Quatar. On arriving in Doha, he was again escorted to the Dubai-bound Qatar Airways flight QR 114. Mr. Mengal's documents were not returned to him until he arrived at the Immigration Investigation Department in Dubai International Airport. Upon arrival in Dubai, Mr. Mengal was also given a transcript of his questioning upon arrival, but discovered that it had been doctored to indicate that he had declined access to British authorities and legal counsel.

Indeed, Mr. Mengal was denied the right to speak to an official from the British embassy or consulate. Mr. Mengal was also not informed of his right to inform British authorities of his detention. Both instances appear in clear violation of Article 36 the 1963 Vienna Declaration on Consular Relations, which the USA signed and ratified without reservations in 1969.

In addition, under the aforementioned VWP, British citizens are permitted to travel to the USA without obtaining a visa. It is important to note that Mr. Mengal has never been indicted, arrested, or convicted by any court or government. As Mr. Mengal was travelling for leisure and did not intend to stay a period of over 90 days, had never been deported, or been subject to legal proceedings, Mr. Mengal appears to be unquestionably qualified to enter the USA under the VWP. Denying Mr. Mengal access without providing explanation, then threatening him with further detention and repatriation even if he is in possession of a visa, is in unequivocal violation of the VWP.

Moreover, Mr. Mengal never received a truthful transcript of his formal questioning, as had been was promised to him. Further, the criticism that Mr. Mengal suffered from officials of the US Immigration and Customs Enforcement, whilst being escorted out of the country, not only points to grave unprofessionalism, but is also degrading.

UNPO is concerned about the violations Mr. Mengal’s rights, and considers Mr. Mengal’s detention to be in violation of the USA’s obligations under international law. Accordingly, UNPO calls upon the international community to strongly urge the government of the USA to act in accordance with its international human rights obligations, and apply those obligations without prejudice to sex, race, religion, or political affiliation. In particular, UNPO calls upon the government of the USA to:

Uphold its responsibilities under the 1963 Vienna Declaration on Consular Relations, with particular reference to Article 36, which the United States of America has signed and ratified without reservation;

Uphold its obligations under the VWP, and, in the event of future deviation from the VWP, provide the subject with reasons for denying access to the USA;

Uphold its integrity as a government by treating incoming foreign nationals in a humane manner, with decency and respect, including providing them with appropriate facilities in case of an overnight stay;

Guarantee and uphold a high standard of professionalism amongst government officials, including those of the US Immigration and Customs Enforcement, and to ensure that personal opinions of government officials do not influence any official proceedings, such as repatriation;

Provide Mr. Mengal with the relevant, accurate documents pertaining to his detention and formal questioning, as had been repeatedly promised to Mr. Mengal during his detention; and

Issue an official acknowledgement of the incident in question, along with an apology for the degradation of Mr. Mengal by the US Immigration and Customs Enforcement.