Showing posts with label Jessica Gonzales- Inter-American Commission on Human Rights. Show all posts
Showing posts with label Jessica Gonzales- Inter-American Commission on Human Rights. Show all posts

13.12.12

Failures of U.S. Courts Forces Mothers to Turn to International Law

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Failures of U.S. Courts Forces Mothers to Turn to International Law

Organization Of American States
Submitted by Dianne Post, Inter-National Attorney
Ten mothers, one victimized child now an adult, and six organizations working in the field of child abuse and family law filed a petition on 10 April 2007 at the InterAmerican Commission on Human Rights in Washington, D.C. against the United States for the pattern and practice of courts awarding custody or unsupervised visitation to child abusers and molesters. The petitioners come from KansasGeorgiaCaliforniaNew YorkArizonaNew JerseyOhioRhode Island,Illinois and Nevada. (CONTINUING READING HERE) 
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 Battered Mothers file Human Rights Violation Suit Against US to IACHR http://bit.ly/10QSWof 

On May 11,2007, just before Mother's Day weekend, ten mothers, one victimized child, now an adult, leading national and state organizations filed a complaint against the United States with the Inter American Commission on Human Rights. Their petition claims that U.S. courts, by frequently awarding child custody to abusers and child molesters, has failed to protect the life, liberties, security and other human rights of abused mothers and their children. 
http://bit.ly/16LPu1L

For more written and supplemental testimony of Claudine Dombrowski see here http://bit.ly/16OTg8A


Related Documentaries:
* Breaking The Silence: Children’s Stories
* Interviews - Battered Mothers Custody Conference {WARNING: GRAPHIC}
* No Way Out But One
* More…..and more and more here
* Family Court Crisis – Our Children At Risk
* Domestic Violence Continued Through Child Custody Litigation

(Dombrowski et al v. US 2007) IACHR  http://bit.ly/16LP5wj

  





Occupation: Nursing, Co-founder & Webmaster of American Mothers Political Party, Kansas Mothers For Custodial Justice, Kansas Family Court Reform, International Commission on Human Rights (IACHR) Battered Mothers Custody Conference

State: Kansas

Corruption Experienced: Domestic Violence, Criminal Courts, Lack of Prosecution, Family Court, Government Corruption, Attorney Misconduct, Deprivation of Civil Rights, Deprivation Constitutional Rights, Deprivation Basic Human Rights, Maternal Deprivation, Torture, Other

Subject Type: Victim/Survivor, Domestic Violence Activist/Advocate, Expert Speaker/Consultant

Complaint Details:
My name is Claudine Dombrowski, I have one daughter Rikki who will be 18 in December 2012. We are victims of Judicial Corruption in Topeka, Kansas. Our Case leads the suit filed at the (IACHR) Inter American Commission on Human Rights (Dombrowski et el v US 2007) on behalf of all Mothers Nationwide for the practice and policies of US courts routinely granting child custody to abusers and pedophiles when Battered Mothers file for divorce. Petition can be viewed in its entirety on the Stop Family Violence website. www.stopfamilyviolence.org/pages/308

I am a US Army Veteran, Co-founder & webmaster for American Mothers Political Party. In 2006, I was placed on the Kansas Secretary of State’s, Address Confidentiality Program - Safe At Home for Victims of Domestic Violence. I was a psychiatric nurse for thirteen years with the State of Kansas and the Veterans Administration, Until December 2000 when I was placed on 100% physical disability related to the violence inflicted by the batterer.

I, like many Battered mothers thought that I had the right to be free from Violence. I was wrong. Due to both the Criminal and Family Court Failures. Having been beaten with crowbars, thrown out of moving vehicles, have had both wrists and several ribs broken, thrown through plate glass windows, tied up, raped, sodomized then left in a crawl space for several days. Just to name a few of the Criminal Assaults-by an already 8 time criminally convicted perpetrator to include but not limited to: (Battery, Attempted Battery, Battery of a Law Enforcement Officer, Obstruction of Legal Process, Possession of Marijuana, Violation of Open Container law, Violation of Restraining Orders, Domestic Violence and Terroristic Death threats)

Even with 8 criminal convictions, the perpetrator filed for custody of my child in family court and after being ‘beaten’ with a crow bar to which he admits, but was never charged, but in fact was given early release from probation for ‘good behavior’ and Without motion from any party the Judge simply on his own issued an 11 page Order by ‘snail mail’ giving complete custody of my daughter to an admitted and convicted batterer. I was immediately placed in supervised visits after a complete suspension of any contact with my daughter. The past 13 years I have had minimal contact w my child and absolutely no contact at all this past 3 years. Due to the ‘therapeutic jurisprudence’ access to justice – deniers, whom advocate for the perpetrator, who state; ‘that is not in the best interest of the child to know that her father is a batterer,’ and instead of protecting mother and child, all contact was to be eliminated between myself and my child.

I last held my daughter 13 years ago.

The Criminal Courts have failed to offer to myself and my daughter equal protection under the law, failed to use simple common sense in giving a victims child to the admitted and convicted perpetrator.

The complete ‘Failure of Justice’ for myself and for my daughter, in criminal and in family court, our denial of any ‘Access to Justice’ is the current state of the Courts, the lawyers and Mental Health so called experts known as Therapeutic Jurisprudence - a lucrative business that denies access to justice to society’s most vulnerable victims, battered mothers and their children and only for profit. It’s monetary, it’s all about the money and it can be prevented.
Eliminate all Therapeutic jurisprudence –do-gooders-Psychologists, Gal’s, case managers, return to Rule of Law not the Rule of man.

The lesson is clear – do not report abuse. Or never see your child again.


20.10.08

Jessica Gonzales- Inter-American Commission on Human Rights

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This is the first case from the U.S. involving violence against women to ever be heard before the Inter-American Commission on Human Rights and people can actually watch it live over the Internet.


Jessica Gonzales (now Lenahan) sadly lost her case against the Castle Rock [Colorado] police in the U.S. Supreme Court.  They held the police had no duty to protect her children by enforcing her order of protection, despite clear law in Colorado mandating that police arrest  anyone in violation of an order of protection.  The failure resulted in her ex-husband killing all three of their children.  Her case, now reframed as a violation of her human rights by the U.S. government, will be presented before the Inter-American Commission on Human Rights this coming Wednesday (Oct. 22nd).


It is officially scheduled from 3:15 to 4:15 pm (Eastern Time)in Washington, DC at 1889 F St., NW  at the corner of 19th St.  Her information will be posted on the ACLU’s web site.  For those who can’t attend in person (most readers, I suspect), but would like to hear the arguments, read the draft of what she plans to post on the ACLU web site, which ends with how to access the court’s hearing on-line.  (And one can listen in on about 5 languages, including English.) 

Note that she will testify herself, as well as be represented.  Please feel free to pass this on to others likely to be interested in seeing this case.  It is an amazing opportunity.  The IACHR court grants only a few hearings even when it takes cases.  Previously it heard issues around standing and exhaustion of remedies in this case. Feel free to pass this on to others who might want to watch this case.


All my best, Joan Zorza
Editor, Domestic Violence Report

 

*Jessica (Gonzales) Lenahan blog post *

image 
Jessica and her three murdered daughters


My name is Jessica Lenahan and I am a survivor of domestic violence.  On Wednesday I will make my second appearance before the Inter-American Commission on Human Rights in Washington, DC.  The IACHR is responsible for promoting and protecting human rights throughout the Americas.  I turned to the IACHR three years ago because the justice system in the United States abandoned me.

In June 1999, my estranged husband, Simon Gonzales, abducted my three young daughters in violation of a domestic violence restraining order I had obtained against him three weeks before.  I repeatedly contacted and pleaded with the Castle Rock Police for assistance, but they refused to act.  Late that night, Simon arrived at the police station and opened fire.  He was killed and the bodies of my three girls were found murdered in the cab of his truck.

I sued the town of Castle Rock, Colorado for failing to enforce the restraining order I had against my husband at the time. The case went all the way up to the Supreme Court, but they ruled that the enforcement of a restraining order wasn’t mandatory under Colorado law.  I felt utterly abandoned: the police had failed in their duty to protect me and my girls, and the government told me there was nothing wrong with that.  I was sure that I would never have my day in court or a proper investigation of what happened.  I nearly gave up at that point – I had gone all the way to the Supreme Court, and I thought that was the end of the line.

But in December 2005, with the help of the ACLU and the Human Rights Clinic at Columbia Law School, I filed a petition with the Inter-American Commission on Human Rights.  In March 2007, I testified before the IACHR – the first time I was allowed to tell my story in a legal forum.  Before this case, I never knew this regional system existed and never thought of my private issues as human rights violations.  I am the first survivor of domestic violence to bring an individual complaint against the United States for international human rights violations.

I want other people like me out there to know that this system exists to protect all of us, and that our government cannot just turn its back on us and get away with it.  Although the U.S. is always pointing its finger at other countries for their human rights violations, there are plenty of violations occurring right here at home.  International human rights bodies like the IACHR give U.S. citizens the opportunity to have a voice, particularly those who have lost everything.

It is fitting that my hearing is being held in October, Domestic Violence Awareness Month, an important marker of what continues to be one of the most dangerous issues facing women today.


To watch a webcast of the hearing on Wednesday go to:
http://www.oas.org/oaspage/live/OASlive.asp.


For more information, contact:
*Selene Kaye, Advocacy Coordinator*
Women’s Rights Project | American Civil Liberties Union
125 Broad Street, 18th Floor, New York, NY 10004
T: 212.549.2645 | F: 212.549.2580 | skaye@aclu.org
www.aclu.org/womensrights


See previous post about Jessica’s case.
Article:
http://justice4mothers.wordpress.com/2008/10/19/opportunity-to-watch-jessica-gonzales-human-rights-case-online/