The United Nations observer, acting as a global watchdog in the treatment of migrants, calls for an in-depth independent investigation into the consequences of Jakelin Caal Maquin, a seven-year-old Guatemalan girl who died in custody of the US government.
Felipe González Morales, United Nations Special Rapporteur on the Human Rights of Migrants, has filed an official complaint with US Secretary of State Mike Pompeo, causing the international alert in Geneva to officials in Geneva. Jakelin died on December 8, less than 48 hours after she was arrested by customs and border guards at a New Mexico checkpoint.
González demands an independent investigation of the tragedy led by judges and lawyers in which the girl's family is legally represented and has access to language translations. As a measure to prevent further deaths, he also calls for the immediate end of the detention of migrant children in the US and calls on the Trump administration to address "failures within the immigration system to prevent similar situations".
In an interview with the Guardian, González said that numerous international human rights organizations have repeatedly warned that children should not be detained for their migrant status.
"The detention of children has had so much impact on them that we repeatedly warned about the risks," he said.
The UN observer emphasized that the Trump government was bound by international laws that it could not escape. 19659003] "If a person, especially a child, is in the care of a state, that state must guarantee its rights. States are obliged to look after migrants who arrive at the border, they can not treat them as inhuman animals. I am not saying that this has happened in this case, but the US has a duty in this regard. "
The intervention of the main international human rights inspectorate of migrants increases the pressure that the Trump Administration goes beyond the routine investigation being carried out by the Office of the Inspector General of the Department of Homeland Security. Lawyers for the girl's family as well as several members of Congress have classified such an internal investigation as a very inadequate form of self-regulation.
"Something as serious as the death of this girl should not be left to the administrative authorities." González told the Guardian. "I want to make sure that judges and prosecutors conduct the investigation completely independently and without pressure from the immigration authorities. An internal CBP investigation would not be satisfactory.
Jakelin's tragic last few hours have become a lightning rod, proving that Trump is pursuing an increasingly stringent policy on the southern border. After a dangerous journey of more than 2,000 miles from her indigenous community in Guatemala, she and her father, Nery Gilberto Caal, arrived at the US border on December 6.
They were among 163 migrants detained by CBP agents in Antelope Wells in New Mexico, including 50 unaccompanied children. Jakelin was reported as ill when she and her father were taken by bus to the border guard of the Lordsburg. From there, she was taken to a hospital in El Paso, Texas. She died in the early hours of December 8th.
Many important facts have been disputed. CBP claims it had taken care of the girl, provided her and her father with water and food, and done everything possible to save Jakelin's life when her illness became known.
Her father insisted that no water was offered to them. He said his daughter was in good shape when she was drafted into the US.
González told the Guardian that he wanted the investigation to see if the Guatemalan family was housed in "hieleras" cells where they had been stuck in border surveillance stations for years. Migrants complained that they were only using aluminum ceilings for Heat to be kept at minus temperatures.
"There have been many complaints about the conditions of migrants in Hieleras – there are dangers to the health of the detainees," González
Earlier this week, it became known that a five-month-old infant with pneumonia in North Carolina is in one Hospital had been admitted. Her immigrant mother blamed the freezing conditions at the CBP prison.
On Christmas Eve, the intervention of the UN Monitor comes at an awkward time for an administration that has proven vulnerable to charges of showing heartlessness towards migrant children. Trump had retired in June from his controversial family-isolation policy after massive criticism at home and around the world.
González said that the detention of very young children as a deterrent to migration is not only "very problematic". This also constituted a violation of international law.
"They intervene in the rights of a person to protect the public It's not sensible to maintain order, "he said.
He added he would keep a watchful eye on federal government pursuing new tactics that supposedly discourage migrants from entering the US. CBP seems to be following a conscious policy that deals with the processing of asylum applications.
Also announced this week is that asylum seekers will return to Mexico in the future while awaiting decisions on their applications.
González lamented the fact that his requests for access to the US border with Mexico had not yet been blessed by the Trump administration. The UN observer has submitted two formal requests for permission to make an official visit to detention centers and border patrol stations. The US State Department has received no response.