Please speak out about PR abuses, Chuck
An open letter to Sen. Charles Schumer
Dear Chuck:
I take the liberty of addressing you as Chuck, because you and I go way back. I met you on the first day of law school 40 years ago. Both of us, wide-eyed and a little intimidated, arrived at that elite school on pure merit and hard work. Unlike some of our classmates, of the Skull & Bones ilk, neither you nor I had gotten into that hallowed institution based on birthright privilege. And, in the best tradition of public service, both of us were geared towards using our skills for the social good, although in widely different ways.
Although I followed your career over the years, it wasn’t until a year ago that I ran into you again, in the unexpected context of an elevator in the New York building where both your parents and mine happened to live in their later years. We talked briefly, and you demonstrated both an interest in and a knowledge of happenings in Puerto Rico, where I have made my home for over three decades.
Based on that history, I write to you now. You are a person of certain power who follows events in Puerto Rico and represents many who come from this island. I believe you have come here in the past in search for donations for your campaigns. Therefore, I’m forced to ask ---- why the silence? Why haven’t you spoken out about the repression, the draconian economic measures, the torture of demonstrators, the intransigence of the government, the breakdown of institutions, the attacks on communities, all of which have become the stuff of everyday life here?
As I watch the news from the States and I see your former Junior Senator, now Secretary of State Clinton, exhort the Egyptian police and military to use “restraint” and demand that leaders in the Middle East open up to reforms, I ask myself ---- why the silence about Puerto Rico, the largest remaining direct colony of the United States?
Chuck, haven’t you heard about the strike at the University of Puerto Rico? Hasn’t anyone told you about the hard-fought agreement reached between striking students and the UPR Board last spring? Don’t you know how that moment of inspiration was quickly dissipated when the legislature, without an inkling of input from the university community, immediately increased the number of Board members. Within days, the governor nominated the new members, who were approved upon consent of the Senate and immediately revoked the accords.
Chuck, you may have heard about the police corruption on the island, with the much-heralded arrests of over 100 officers a few months back. But are you aware that in recent days, peaceful demonstrations by students protesting against changes at the UPR, including a substantial tuition hike, have been subjected to known torture techniques by the Puerto Rico Police? Do you know about the police attack on demonstrators last June 30, when a peaceful protest against the closing of the Senate Chamber was brutally attacked, resulting in dozens of injuries? Do you know about the use of tasers against a UPR student last June, the young man shocked three times for holding up a protest sign at a hotel, with the participation of the second in command of our police force?
Chuck, do you know that at this very moment, all demonstrations have been banned at the main campus of the University of Puerto Rico? Do you know that the chancellor of that campus issued an edict prohibiting even the passing out of leaflets, in clear violation of the most fundamental freedoms we were taught to hold dear back in our Constitutional Law class in the early seventies?
Are you aware of the dozens of arrests of students for handing out leaflets, of the designation of “public free speech” quadrants, outside of which speech is not allowed? Do you know that in the irony of all ironies, a student was recently arrested for “illegal appropriation,” for removing one of the odious signs limiting free speech to these confined areas?
Chuck, of course you remember that in Con Law, we learned about “judicial restraint” and the fact that courts are not supposed to take up matters except in the context of true cases and controversies? Well, I invite you to read a recent decision of the Puerto Rico Supreme Court (packed with new appointments made not for their distinction as jurists, but rather for their political activism in favor of the governing party). In the absence of any pending case at that time, the high court decided that students did not have the right to strike and that the UPR could suppress their protest activities, with the distinguished jurists deciding to enter the fray under the theory that the case wasn’t moot because students could decide to strike again.
Chuck, do you know that the government of Puerto Rico, headed by Grover Nordquist protegé Luis Fortuño, has implemented draconian neo-liberal policies, including massive layoffs of public workers and privatization of basic services, for the benefit of the ruling few and for the ultimate impoverishment of the country and the elimination of any semblance of a middle class?
How about the fact that the governor and his cohorts continually snub their noses at those who dare protest? In late 2009, some 150,000 Puerto Ricans took to the streets to protest the administration’s economic policies. This gathering, massive in a country of less than 4 million, generated a Dick Cheney-esque “So what?” from the government.
Organized low-income communities have been attacked, as have institutions which have zealously protected democratic rights. Our Bar Association, long a defender of the rights of the underrepresented, is now subject to a legislative prohibition outlawing “political or religious expression” of any kind.
In this context, the fact that the Supreme Court appointments sailed through the confirmation process in a question of days, without any significant input from the legal community or other affected sectors, is particularly troubling.
Chuck, are you aware about the return to Cold War era rhetoric to attack those of us who dare to protest? A police colonel calling protesters “terrorists?” The governor’s right-hand man, Marcos Rodríguez Ema, saying that UPR professors are parasites and unrepetent leftists who should be “kicked out on their butts,” even if they have tenure at the UPR?
Chuck, you and I know that we were very lucky. Yes, we worked hard, but we got to where we wanted to be through the opportunities which were opened up to people like us 40 years ago. As I live and work in today’s Puerto Rico, I see that slipping away. I see the return to the attacks of the 1950's which decimated communities and suppressed legitimate demands for reform. I see the impoverishment of all but a few. I see repression reaching levels which are frightening. I see the breakdown of the few remaining democratic institutions. And yet there is silence from those of you who profess to care about this island.
So, Chuck, I’m writing this open letter. While you and your fellow legislators are monitoring the situation in the Middle East, I ask you to pause to look a little more closely at your back yard. Take a hard look at what is going on in the most important colony of the United States. Use the power you have gained to stop this abuse before unthinkable violence occurs.
From your old classmate, I ask you please to break the silence.
Judith Berkan is a constitutional law professor, she specializes in government misconduct litigation and employment discrimination cases.
Tomado de:
http://www.prdailysun.com/index.php?page=perspectives.article&id=1296646928
English text:
Please talk, Chuck, on abuses in Puerto Rico
An Open Letter to Sen. Charles Schumer
Dear Chuck:
I take the liberty of addressing you as Chuck, because you and I have known for some time. I found him in the first day of law school 40 years ago. We two, with eyes open and a little intimidated, we come to this school elite based on pure merit and hard work. Unlike some of our classmates, the "Skull & Bones ilk, neither you nor I had gotten into that hallowed institution privileges based on birthright. And in the best tradition of public service, we both went to use our skills for social good, albeit in markedly different.
Although I have followed his career over the years, it was not until a year ago that I found you again, unexpected in the context of an elevator in the building in New York where his parents and mine agreed to live in their later years . We talked briefly, and you showed a deep interest and knowledge of events in Puerto Rico, where I established my home for over three decades.
According to this story, now I write. You are a person of some power that follows the events in Puerto Rico and represents many from the island. I think you have come here in the past in search of donations for their campaigns. Therefore, I am forced to ask ---- why the silence? Why you have not spoken about the suppression, draconian economic measures, the torture of demonstrators, the government's intransigence, the breakdown of institutions, attacks communities, who are made subject of everyday life here?
Looking at the news of the United States to see former Senator, now Secretary of State Clinton, called on the Egyptian police and the military to use the "restraint" and demand that leaders in the Middle East to open reforms, ---- I wonder why the silence on Puerto Rico, the largest remaining colony of the United States?
Chuck, have you heard about the strike at the University of Puerto Rico? Nobody has told the hard-fought agreement reached between the students and the administration of the UPR in the spring last? You do not know that that moment of inspiration was quickly dispelled when the legislature, without input from the community college, immediately increased the number of members of the Board of Trustees. Within days, the Governor nominated the new members were approved with the consent of the Senate and immediately revoked the agreements.
Chuck, you may have heard about police corruption on the island, announced the arrests of over 100 very official few months back. But are you aware that in recent days, the peaceful demonstrations by students protesting against changes in the UPR, including a substantial boost in the fee, have been subject to known techniques of torture by police in Puerto Rico? Do you know about the police attack on demonstrators on 30 June, when a peaceful protest against the closure of the Senate chamber was brutally attacked, with dozens of injuries resulted? Do you know about the use of "tasers" against a student at UPR last June, the young man received electric shocks three times during a protest at a hotel, with direct participation of the second in command of our police force ?
Chuck, you know that at this very moment, all the demonstrations have been prohibited on the main campus of the University of Puerto Rico? Do you know that the leadership of the campus issued a decree that prohibits even the bulletins distributed, in clear violation of the most fundamental freedoms in our class we were taught constitutional law at the 70?
Are you aware of dozens of arrests of students by sharing Newsletters, the designation "free speech quadrants of the public", out of which whose expressions are not allowed? Do you know the irony of all ironies, a student recently arrested for "illegal appropriation," by removing one of hateful signs that restrict free expression confined to these areas?
Chuck, of course you remember that in constitutional law, we learned about the "judicial deference" and that the courts are not supposed to consider matters except in the context of actual cases and controversies? Well, I invite you to read a recent decision the Supreme Court of Puerto Rico (filled with new nominations agreed not its distinction as jurists, but rather for his political activism in favor of the ruling party). In the absence of any case pending when the court decides that the students had no right to strike and that the UPR could suppress their protest activities, with the distinguished jurists deciding on the theory that the case was prosecutable because the students could decide to declare a strike at any other time.
Chuck, you know that the government of Puerto Rico, led by Luis Fortuño, a protégé of Grover Nordquist, has implemented draconian neo-liberal policies, including massive layoffs of public workers and the privatization of basic services for the benefit of a few and for the further impoverishment of the country and the elimination of any semblance of a middle class?
What about the fact that the governor and his staff make continuously injunctive relief to those who dare complain? In late 2009, about 150,000 Puerto Ricans took to the streets to protest the administration's economic policies. This massive demonstration in a country of less than 4 million generated comments Dick Cheneyescos type of "what?" Of government.
have attacked organized low-income communities, as institutions that have protected the democratic rights enthusiast. Our Bar, historical defender of the rights of the underrepresented, now has to conform to a legislative prohibition banning "political speech or religious" robed class.
In this context, the fact that the Supreme Court nominations sail the confirmation process within days, without significant expressions ningunsa legal community and other sectors concerned, is particularly worrying.
Chuck, are you aware of the return to the rhetoric of the Cold War era to attack those of us who dare to protest? A police colonel who calls the protesters "terrorists?" Right hand of the governor, Marcos Rodriguez Emma, \u200b\u200bsaid that the professors of the UPR are parasites and leftists to be kicked out, " even if they stay in the UPR?
Chuck, you and I know we were very fortunate. Yes, work hard, but we managed to get where we wanted for the opportunities that were open to people like us 40 years ago. While living and working in Puerto Rico today, I see it slip away. I turned to the attacks of 1950 's that decimated communities and suppressed the legitimate demands for reform. I see the impoverishment of all but a few. I see the repression levels that are shocking. I see the fault of the few remaining democratic institutions. But there is silence of that as you profess to worry about this island.
So Chuck, I am writing this open letter. As you and your fellow legislators are monitoring the situation in the Middle East, I ask you to pause to look a little closer in your backyard. Have a look at the largest colony of the United States. Use the power that you have won to stop this abuse before it happens incredible violence.
of his classmate, I ask that you please break the silence.
Judith Berkan is a professor of constitutional law, specializing in cases of discrimination and government misconduct.
Translation by ROF.
Brief commentary: I have the great pleasure and without doubt the honor of having the friendship of Professor Berkan inside the classroom and were taught by their words and actions have the greatest respect, integrity and courage on the full human rights. Is a Puerto Rican who have happily taken by his love for our island, its people and customs, solidarity and humility shines as essential principles. There are people who are true teachers in life because they teach and spread knowledge in their wake. Puerto Rico is definitely a better place by Judith Berkan, which I appreciate immensely and my very personal. Roberto
'pachi' ortiz feliciano
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