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The Prison Transfer Treaty - A Practical Guide
IV. HOW TO INCREASE INTEREST AND SUPPORT FOR PROMULGATION
OF PRISONER TREATIES (continued)
A. MISCELLANEOUS METHODS (continued)
- 2. It is also useful to build support among respected
political leaders and to persuade sympathetic members of the respective
legislatures or parliaments to speak out in favor of prisoner transfer
treaties.
- 3. The use of non-governmental organizations,
including those of the NGO Alliances of the United Nations can be
very helpful. These organizations include both religious groups,
such as Prison Fellowship International and the Salvation Army, charities
and health organizations, and various human rights groups which are
international in nature and which have branches or outposts in that
country.
- 4. International service organizations, such as
Rotary, Lions clubs and similar multi-national organizations can
also be utilized. Another avenue of help would be the creation of
liaisons with local Bar Associations and respected members of those
individual Bars. Certainly, starting with members of the International
Bar Association in the particular country, the Inter-American Bar
Association or other regional Bar Associations would be useful.
The wider the range of officials, groups and individuals which are
publicizing their efforts and attempting to gain ground swell support,
as well as political support for a treaty, the greater the chances
that an individual country will show interest in a prospective treaty.
- 5. Also helpful is the provision of specific helpful
information to the appropriate officials. They should know that accession
is the one-time process, that the accession would be to one treaty,
e.g. the Council of Europe Treaty, that the costs involved are minimal,
and that this process will allow the transfer of foreign prisoners
to a substantial number of other countries. Coordinating and providing
the necessary information to appropriate foreign officials can help
to eradicate their doubts, and provide a good opportunity to humanize
them to the need of such a program.
- 6. Promoting the accession to a multilateral treaty
is less likely to cause political problems. Often the idea of negotiating
with one individual country can evoke some negativity; however, dealing
with the entire European or OAS community should be less volatile.
- 7. The enlistment of family support groups
The formation of family support groups can be extremely helpful to
individual desiring to transfer from countries where there is no
existing treaty. We have already seen, in regard to the early treaties,
particularly in the United States, that these support groups, including
the Committee for Concerned Parents (of Children Imprisoned in
Bolivia) were a significant force in getting congressional and
other widespread support. The political pressure placed on U.S.
State Department and other officials by the relatives of the Americans
in Bolivia, Turkey, Peru, Mexico and other countries was invaluable.
In those instances, showing the extreme hardships faced by U.S.
citizens in far away prisons, coupled with examples of the mistreatment,
coupled with constant reports and calls, visits and letters from
family members and other sympathetic individuals together were
extraordinarily helpful.
The same response which helped significantly in the 1970’s in the
United States can help in other countries today.
It is unlikely that politicians and officials in a foreign country
will be sympathetic towards the plight of a foreigner who is involved
particularly in drug dealing in their country. It is much more likely
that sympathy will be engendered for their own nationals who are
complaining about their plight in foreign prisons. Again, their pleas
would similarly reflect the isolation, distance, difficulties and
rigors of a foreign prison, away from their home country, friends
and loved ones.
It is also important to remember, in regard to the ultimate results
of accession by an individual country to the Council of Europe Treaty,
that such an action is likely to assist numerous other prisoners.
It may be helpful to obtain assistance from the families of other
foreign nationals in the targeted country. Certainly, if Australia
is the targeted country, those who are citizens of Canada, the U.S.
and the member European nations would certainly benefit from a treaty.
The existence of multiple family support groups can be invaluable,
particularly when they involve numerous countries and are, in reality,
a grass roots attempt by the families, those groups of relatives
who are innocent of any wrongdoing. It should be po8inted out to
the appropriate officials that these people are suffering, and are
unable to visit their loved ones, even though they themselves have
not committed any crime. This valuable- sympathetic argument should
not be overlooked.
CONCLUSION
Prisoner transfer treaties are no longer in the formative stage. Their
proliferation and use continue, and accession to the various multilateral
treaties appears to be the method of choice for countries seeking to
become involved with prisoner transfers. The benefits of transfers
treaties are significant.
Countries using the treaties offer advice and assistance to prisoners
desiring to transfer. The consular officials in each involved country
offer advice to help with the procedure. If there are problems or questions
concerning the practical use of a transfer treaty by an individual
or his/ her family, the organizations listed in the Appendix may be
contacted.
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