Update info:
26 Dec 2013 (Suspended)
Country:
UNITED STATES OF AMERICA
Subject:
Kimberly Rivera
Gender: f
Period:
26 Jan 2014
Distribution date:
26 Dec 2013
UA No:
263/2013

Prisoner of conscience Kimberly Rivera has been released from prison.

Kimberly Rivera was granted early release from her 10 month prison sentence on 12 December, 18 days after giving birth to her fifth child.

Kimberly Rivera was arrested and detained by US military authorities in September 2012 for desertion from the army. She had left the army without authorization while on leave from deployment to Iraq in early 2007 and went to Canada after deciding that given her moral convictions she could no longer participate in the war in Iraq or any other conflict. In Canada Kimberly Rivera applied for protection as a refugee, but was deported in September 2012 after her application was rejected on appeal.

In April 2013 Kimberly Rivera was sentenced to 14 months’ imprisonment, reduced to 10 months under the terms of a plea agreement. She was also given a bad conduct discharge from the army. An appeal to the military authorities for a reduction of her sentence was denied on 28 November.

Many thanks to all who sent appeals. No further action is required from the UA network.

This is the sixth update of UA 263/12. Further information: www.amnesty.org/en/library/info/AMR51/083/2012/en.

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ADDITIONAL INFORMATION

Amnesty International recognized Kimberly Rivera as a prisoner of conscience and believes the right to refuse to perform military service for reasons of conscience is part of freedom of thought, conscience and religion, as recognised in Article 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights.

Amnesty International considers a conscientious objector to be any person who, for reasons of conscience or profound conviction, refuses to perform service in the armed forces. This can include refusal to participate in a particular war because one disagrees with its aims or the manner in which it is being waged, even if one does not oppose taking part in all wars.

Wherever such a person is detained or imprisoned for actions taken in consequence of these beliefs, Amnesty International considers that person to be a prisoner of conscience. Amnesty International also considers conscientious objectors to be prisoners of conscience if they are imprisoned for leaving the armed forces without authorization for reasons of conscience, if they have first taken reasonable steps to secure release from military obligations, or if it was in practice impossible for them to do so.

Name: Kimberly Rivera

Gender m/f: f

Further information on UA: 263/12 Index: AMR 51/084/2013 Issue Date: 13 December 2013