From Persecution to Prison - Bellevue/NYU Program for Survivors of ...

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number of refugees and asylum seekers fleeing torture and other humanright abuses.Throughout the United States, approximately 5,000 asylum seekers areestimated to be held in detention, although reliable statistics are unavailable.One of the largest concentrations of detained asylum seekers in theUS is in the New York metropolitan area where, at any given time,approximately 500 individuals are detained in two INS contract facilities,and an unknown number of individuals are detained in county jails.Parole rates and length of detention among asylum seekers arriving withoutproper documentation in the US appear to vary widely across thecountry, with the New York and New Jersey districts reportedly havingmuch lower rates of parole. Furthermore, since September 11, 2001, concernshave been raised that parole rates nationally have likely decreased. 3The practice of detaining asylum seekers in the US and other nationshas greatly concerned health professionals and human rights advocates, inpart because of the potential detrimental effects of detention on the mentalhealth of asylum seekers. Many asylum seekers have suffered trauma,such as torture, prior to immigration, which contributes to high rates ofpsychiatric morbidity in this population. Detention may exacerbate priorsymptoms or even foster development of new problems. Systematicresearch on the health of detained asylum seekers has been extremely limited,chiefly due to difficulties gaining access to detention centers.Summary of Methods 4For this study, the INS permitted access to detention facilities and jails inNew York, New Jersey and Pennsylvania. However, citing confidentialityreasons, the INS denied Bellevue/NYU-PHR researchers’ request for theaccess necessary to conduct a random sampling of detained asylum seekers.Instead, six local organizations 5 that provide pro-bono legal representationto detained asylum seekers were asked to contact all of theirdetained asylum-seeking clients and inquire about their willingness to participatein the study. Those who consented were interviewed. Detaineeswere informed of the voluntary nature of the study and that participation(or refusal) would not affect their asylum applications.3See Chapter II for a more complete review of detention of asylum seekers. The INS hasfailed to provide statistics relating to detained asylum seekers, even though a federal statuerequired it to provide this information. ( See: Acer , E. “Living up to America’s Values:Reforming the US Detention System for Asylum Seekers.” Refuge Vol. 20, #3, 44-57. Centrefor Refugee Studies, York University, Canada, 2003.)4For a detailed description of methods, see Chapter III.5Organizations which provided referrals for this study included the Lawyers Committee forHuman Rights, the Hebrew Immigrant Aid Society, New York Association for New Americans,Catholic Legal Immigration Network, American Friends Service Committee, and CircleYork.EXECUTIVE SUMMARY 3
Detained asylum seekers participating in the study were interviewed byphysicians experienced in evaluating and caring for refugees and asylumseekers, with the assistance of experienced translators when necessary.Interviews were conducted in private areas, using a standardized questionnairethat included questions about detainees’ experiences before and duringdetention. Assessment of psychological symptoms was conductedusing standardized psychological questionnaires (the Hopkins SymptomChecklist-25 (HSCL-25) and the PTSD portion of the Harvard TraumaQuestionnaire (HTQ). Study participants were asked to provide additionalnarrative information about their experiences in detention, whichwas transcribed by the interviewer.This study was a survey of individuals’ experiences and it was notwithin the scope of the study to corroborate accounts of events describedby study participants. In evaluating the narrative information, investigatorsmade general determinations regarding the credibility of informationprovided by study participants, including detail, consistency, affect, andclarity. It was not, however, part of this study design to make independentdeterminations (such as interviewing detention center staff) regarding theaccuracy of what the participants reported. Accordingly, the informationin this report that comes from study participants should be understood asthe participants’ recollection and perceptions of their experience, and notnecessarily as a full and complete accounting of each event.Characteristics of Study ParticipantsA total of 70 asylum seekers (56 men and 14 women) detained in two INSdetention centers and 3 county jails in New York, New Jersey and Pennsylvaniawere interviewed for this study. The average age of study participantswas 28 years (range 15-52). The majority of participants were fromAfrica (n=54, 77%) and included 16 African countries. Seven were fromEastern Europe, 4 from Asia, 3 from Latin America and 2 from the MiddleEast.Participants reported numerous traumatic experiences before immigration.Seventy-four percent described experiences consistent with internationaldefinitions of torture. 6 Sixty-seven percent reported having been6Torture is defined in the UN Convention Against Torture as: “Any act by which severe painor suffering, whether physical or mental, is intentionally inflicted on a person for such purposesas obtaining from him or a third person information or a confession, punishing him foran act he or a third person has committed or is suspected of having committed, or intimidatingor coercing him or a third person, or for any reason based on discrimination of any kind,when such pain or suffering is inflicted by or at the instigation of or with the consent oracquiescence of a public official or other person acting in an official capacity.” UnitedNations: Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment orPunishment. June 26, 1987. In: Center for the Study of Human Rights, Columbia University.Twenty-Five Human Rights Documents. New York: Columbia University. 19944 FROM PERSECUTION TO PRISON
Page 2 and 3: From Persecution to Prison:The Heal
Page 4 and 5: CONTENTSAcknowledgements . . . . .
Page 6: The Bellevue/NYU Program for Surviv
Page 9 and 10: don, Miranda Ip, and Meriam Alrashi
Page 11: Significant symptoms of depression
Page 15 and 16: persecution, yet most emphasized ho
Page 17 and 18: In many facilities, the response to
Page 19 and 20: years in detention, she finally got
Page 21 and 22: abuse For example, while being take
Page 23 and 24: They didn’t let me use the phone
Page 25 and 26: intensely personal events they had
Page 27 and 28: Limitations of this study include t
Page 29 and 30: Non-governmental organizations serv
Page 31 and 32: 22 FROM PERSECUTION TO PRISON
Page 33 and 34: the late 1990s ranging from 10 to 7
Page 35 and 36: Historical BackgroundFor most of th
Page 37 and 38: international standards with the 19
Page 39 and 40: apply for asylum make up the majori
Page 41 and 42: tion judge. 57 Yet in many parts of
Page 43 and 44: York and Newark, New Jersey has had
Page 45 and 46: trict began denying parole to them
Page 47 and 48: Correctional Facility in 2000. “[
Page 49 and 50: men of which 750 were detained on i
Page 51 and 52: from that same country from seeking
Page 53 and 54: Detention Facilities in this StudyF
Page 55 and 56: high reliability in numerous langua
Page 57 and 58: 48 FROM PERSECUTION TO PRISON
Page 59 and 60: York County Prison in York Pennsylv
Page 61 and 62: TABLE 2:Demographic Characteristics
Page 63 and 64:
TABLE 4:Prevalence of Pre-Migration
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on a part time basis, researchers w
Page 67 and 68:
Case #1(DK): “Loneliness and Fear
Page 69 and 70:
TABLE 6:Hopkins Symptom Checklist-2
Page 71 and 72:
TABLE 8:Harvard Trauma Questionnair
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think such services were available.
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When I am talking to you now it is
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After being granted asylum and rele
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“Being here is like going through
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In my country even though I became
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how long they were there - six mont
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Thoughts of SuicideSeveral asylum s
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here?’ I told the doctor, they br
Page 89 and 90:
Another subject reported a positive
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substantial distance from their att
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eported that her experience in dete
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86 FROM PERSECUTION TO PRISON
Page 97 and 98:
e somatic manifestations of the psy
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Case #2 (JG): “Health Care in Cha
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TABLE 11:Detainee Perceptions of He
Page 103 and 104:
TABLE 13:Availability and Quality o
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detainees, or because they did not
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Difficulty Obtaining Specialized Ca
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Another detained asylum seeker repo
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One detainee who speaks French and
Page 113 and 114:
Page 115 and 116:
Detention Facilities in this StudyS
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even though many reported having ex
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CASE #3 (HN): “SOLITARY CONFINEME
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Here, I’m scared. In [the detenti
Page 123 and 124:
emote control and watch what he wan
Page 125 and 126:
Whenever someone misbehaves, they t
Page 127 and 128:
This subject was himself threatened
Page 129 and 130:
One detainee reported several incid
Page 131 and 132:
Some Process Exists to Respond to R
Page 133 and 134:
There were no witnesses other than
Page 135 and 136:
tion. An INS officer said they put
Page 137 and 138:
There is an Anglican minister who c
Page 139 and 140:
The dentists didn’t explain anyth
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tion between dental age and chronol
Page 143 and 144:
Case #4 (LK): “Fifteen-Year-Old G
Page 145 and 146:
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TABLE 16:Treatment/Abuses Reported
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“There is no political asylum her
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I was crying. I was so afraid with
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save her life, but was not able to
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Case #5 (CR): “Begging for Mercy
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ehind and told me to sign. He physi
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days and it is now 2 years and four
Page 161 and 162:
viewers asked for additional inform
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y study participants. In evaluating
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trast, under US law, detention of s
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nation for an asylum determination
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very negative effects of detention
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authority to grant asylum and with
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absconding.” 250 Since the passag
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said “[F]reedom from imprisonment
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Standards relevant to this study ar
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“detained person” generally as
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which they are charged and a fair h
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esponse to substantial public press
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specified procedures, provided they
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PunishmentThe Detention Standard on
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any time the detainee complains.”
Page 191 and 192:
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while in detention, thus adding to
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Establish a Uniform National Parole
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that effect. These officers should
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Besides their inaccuracy, these exa
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friends so asylum seekers can maint
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appropriate staffing of such groups
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efugees and asylum seekers who win
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of thorough documentation. However,
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Human development is complex and di
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18. Country from which fleeing pers
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9. Being close to death.10. Forced
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Complete for each health problem:5.
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Explain:(Interviewer: Write brief n
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2. Depression SymptomsA How much we
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B. You said that you have experienc
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Explain:13. How was your physical h
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Yes ...........1No............22. W
Page 229 and 230:
Explain:20. At the time of your arr
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