TRANSPORT OF MIGRANTS IN INHUMANE CONDITIONS
Inhumane Conditions of Detention and Transport of Migrants by Private Security Personnel
G4S, a private security company that regularly contracts with the United States Immigration and Customs Enforcement, has a long history of managing migrant transportation throughout the country. Throughout this relationship, there have been several incidents involving injury or death during transportation. After four immigrant women were allegedly shackled and denied access to food, water, medicine, and restroom facilities during a 24-hour journey in a very hot van, the American Civil Liberties Union Foundation intervened and brought suit on their behalf. The lawsuit ended in a confidential settlement.
Keywords: migration, inhumane treatment, poor training
Background
In regions throughout the United States, Immigration and Customs Enforcement (ICE) contracts with G4S to transport immigrants in its custody. Prior to this incident, G4S had received hundreds of complaints annually from immigration detainees. In one incident in Australia, a coroner deemed the death of a detained immigrant that resulted from extreme temperatures in the back of a G4S van to be “wholly unnecessary and avoidable.” In a 2014 incident, days before a transportee was beaten to death by another transportee during a transport conducted by G4S, deputies in Florida stated that they had informed G4S supervisors that their workers needed more training, noting the personnel had “awful” handcuffing techniques.
The Incident
In July 2017, nine immigrant women detained by ICE were transported from the West County Detention Facility in Richmond, California to Mesa Verde Detention Facility in Bakersfield, California. Allegedly, the women were shackled by their hands and feet in suffocating heat, causing the women to struggle for breath. The journey between the two facilities took over 24 hours, despite the cities being typically around a five hour’s drive away from each other. It was also alleged that the women were denied access to food, water, medication, and restroom facilities for periods of time, while G4S personnel ignored their cries for help.
Legal Aspects
Court cases
On May 21, 2019, the American Civil Liberties Union Foundation (ACLU) filed a lawsuit on behalf of the four women who were detained and transported by G4S. The suit sought damages for suffering and injuries the women sustained during the journey.
In February 2022, the parties dismissed the lawsuit due to a confidential settlement that was reached between the parties.
The International Code of Conduct
The International Code of Conduct states that Member and Affiliate Companies will require their personnel to treat all detained persons humanely (section 28).
Paragraph 33 of the Code (Detention) requires that Security Personnel “will only, guard, transport, or question detainees if: (a) the Company has been specifically contracted to do so by a state; and (b) its Personnel are trained in the applicable national and international law. Member and Affiliate Companies will, and will require that their Personnel, treat all detained persons humanely and consistent with their status and protections under applicable human rights law or international humanitarian law, including in particular prohibitions on torture or other cruel, inhuman or degrading treatment or punishment.”
Resources on Apprehending Persons
Further, the International Code of Conduct requires stringent selection and vetting of personnel, assessment of performance and duties (paragraphs 45 to 49), and training of personnel of the Code and relevant international law, including human rights and international criminal law (paragraph 55). Meeting the requirements of the Code of Conduct, can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.
Meeting the requirements of the Code of Conduct can help private security companies and their clients ensure that private security personnel are qualified, trained, supported, informed, and responsible.
The ICoCA’s Procurement Guide for Contracting Responsible Security can help clients select responsible security providers and prevent abuses.
Discussion
How can authorities ensure that they contract responsible private security providers?
What are the specific responsibilities of private security companies when they are contracted to handle people in vulnerable situations?
How can training and vetting of private security personnel ensure the humane treatment of vulnerable detainees?
Related Incidents
- The Benghazi Attack
- Pulse Nightclub: the Security Guard Killer with a Trail of Red Flags
- Plan Colombia: Mortal Use of Pesticide
- Birmingham Prison
Sources
- Liborio Ramos v. G4S Secure Solutions (Detainee Transport) | ACLU of Northern CA
- Security firm G4S has ‘unprecedented levels’ of complaints | Daily Mail Online
- Uproar over new prison contract
- ACLU Complaint
- Women accuse ICE contractor of brutal treatment in federal court suit
- ‘They thought they’d die’: Ice shackled women for hours in hot van, suit says | US immigration | The Guardian
- ACLU v. ICE Case History
Case prepared by: Madison Zeeman
Clause de non-responsabilité
Conformément à l’avis de non-responsabilité figurant sur la page d’accueil, ni l’Association Internationale du Code de Conduite ni les auteurs ne peuvent être identifiés avec les opinions exprimées dans le texte ou les sources incluses dans « Plaider en Faveur d’une Sécurité Responsable : Carte de Cas du Code de Conduite International ».