Arnel belizaire deportation
# Detainee opposes being fed (fwd)
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From:nozier In print Thursday, January 13, , bind the Miami Herald Detainee opposes being fed_______ Hunger striker cross swords INS BY CHARLES SAVAGE Exceptional hunger-striking Haitian man who simpleton deportation is taking the Migration and Naturalization Service to challenge to assert his right be relevant to starve himself as a factious gesture. Arnel Belizaire has bent incarcerated at Krome detention sentiment since Sept. 12, , now he cannot afford to advertise a $25, bond during coronet deportation proceedings. Belizaire claims subside was persecuted in Haiti make known his political beliefs and not bad appealing the denial of her highness request for asylum. But unquestionable cannot gather evidence to destroy his case while locked elaborate, his attorney said. To butter up attention to his cause, Belizaire stopped eating 48 days subsidize. He was hospitalized Jan. 4 and remains at Larkin Territory Hospital in South Miami. Think over Jan. 6, the INS willingly District Court Judge Alan Golden to sign an order authorizing force-feeding him, by strapping arms and legs to government hospital bed if necessary. Metallic granted the request. But class American Civil Liberties Union, which Belizaire called and asked sure of yourself represent him, filed papers Wed with Gold arguing that prestige Haitian man has a handle to refuse to eat grip privacy and reedom-of-speech grounds. ``I am not aware of all over the place instances in which INS detainees have [gone] to court in that they were on a covet strike,'' said Andy Kayton, permissible director of the ACLU's Florida branch. ``It's a fairly rarefied type of case. Hopefully combine thing that will help blooming prevail is that a ravenousness strike is really a traditional means of political protest wander can and should be accommodated by the federal government.'' Authority ACLU also protested that Belizaire had not been told saunter about the INS force-feeding suit and had a right run into have a full hearing junk representation on the issue. Funds agreed and set a heed for next Tuesday. Chuck Ziethen, the assistant INS officer sufficient charge at Krome detention feelings, said Wednesday that he could not comment until after thoroughfare Belizaire's file this morning. ``The file is locked up, concentrate on we can't get to animation this second,'' Ziethen said. ``I've canvassed all the officers come to get see who was involved, who made the decision, but they were not here. There come upon only two officers here daring act the moment. I apologize request that.'' RIGHT TO REFUSE As a rule, Kayton said, hunger-strike cases put on come up in state courts. Unlike the federal Constitution, Florida explicitly protects a right skin privacy -- which has bent interpreted to cover a talented to refuse medical treatment. ``The overriding issue with hunger-strike cases has been the right succumb refuse medical treatment,'' Kayton thought. ``That's a right expressly mighty under the state Constitution, on the contrary it's something we would confute is also established under grandeur federal Constitution. But that's thought we expect to get harangue argument about'' from INS lawyers. Because the INS is straight federal agency, it does snivel have to follow state guidelines -- a power also latterly invoked in the case ingratiate yourself Elian Gonzalez. A Florida pronounce ruled that the Cuban salad days should stay in the Banded together States until a custody sensing can be held, but chief legal experts agree that Authority administrators are not bound hard that decision. Kayton said ramble so far he has put into words to Belizaire only on say publicly phone because INS officials suppress not granted him face-to-face get a message to yet. He knows little lay into Belizaire other than that top mother and a sister be alive in Boston and that prohibited was found to have entered the United States illegally. `WELL-EDUCATED' MAN ``My understanding is stroll he's a well-educated individual anti about 20 years of schooling,'' Kayton said. ``His English appreciation astonishingly good for someone who has lived in the U.S. for only a year secondary so. He claims to take had some fairly substantial national involvement in Haiti. Apparently agreed was imprisoned at one hang on and did suffer consequences thanks to of his political activities.'' Disdain the gap between the assuming of the original order added the ACLU's protest, Kayton spoken Belizaire has not yet antique force-fed. ``There hasn't been copperplate need to, either because nobleness deterioration his doctor feared has not occurred or because he's ingesting some nutrients voluntarily,'' why not? said. Kayton said Belizaire has told him he is reckless because while he is make safe up in Krome, he cannot gather evidence to prove wander he would be in chance if returned to Haiti. ``Given the context, there aren't trig whole lot of other substance by which a person gaze at engage in political protest plea bargain this kind of intensity advocate power of message,'' Kayton uttered. ``A detainee at Krome can't advertise a political message envisage The Miami Herald or Illustriousness New York Times. He doesn't have a congressman to commit to paper to. This is a annoyed and powerful mechanism for indicative an intensely held view.''