By Anjali Sharma
UNITED NATIONS – UN expert on the rights of Indigenous Peoples Albert Barume on Friday welcomed the decision by outgoing US President Joe Biden to grant clemency to Leonard Peltier, an Indigenous leader who has spent 50 years in prison under controversial circumstances.
UN Special Rapporteur said in a statement that the Executive Grant of Clemency, signed on Sunday hours before Mr. Biden left office, commutes Mr. Peltier’s life sentences to home confinement, allowing him to receive proper medical care and reconnect with his community.
Albert Barume praised the decision, describing it as “an important gesture by the United States toward the country’s Indigenous Peoples”.
Mr. Peltier is a member of the Chippewa and Lakota Nations, who was convicted of murder in 1977, in connection with the deaths of two FBI agents during a confrontation with Indigenous activists at Pine Ridge reservation.
He received two life sentences following his trial after being extradited to the US from Canada in December 1976.
“Over the years, Mr. Peltier has maintained his innocence, and concerns have been raised about the fairness of his trial and about his legal representation,” he said.
UN Working Group on Arbitrary Detention, called for his release and the trial raised serious concerns about due process, with international human rights bodies.
UN Working Group determined in its findings that Mr. Peltier’s detention constituted arbitrary imprisonment.
UN Special Rapporteurs, including a 2012 report on Indigenous rights in the US, had called for clemency for Mr. Peltier, framing his case as emblematic of the systemic injustices faced by Native Americans.
“Mr. Peltier has also suffered from serious health conditions, which prison authorities have been unable to properly address,” Mr. Barume noted.
“Although this clemency cannot restore the decades of life he has lost, it provides an opportunity for him to receive proper medical care and reconnect with his People,” he said.
Mr. Barume underscored that while the clemency decision does not absolve Mr. Peltier conviction, it represents a critical acknowledgment of past wrongs.
“States have a duty to ensure due process for all defendants at every stage of criminal proceedings, including parole hearings, as required by international law”, he said.
The decision aligns with broader calls for reconciliation with Indigenous Peoples in the US, including addressing historical injustices such as forced removals, cultural erasure and disproportionate incarceration rates.
Mr. Peltier’s early life reflects this history: forcibly removed from his family at age nine and placed in a government-run boarding school, he endured the systemic severance of Indigenous children from their culture.
His case has since become a symbol of the need for justice and reconciliation.
Mr. Peltier’s clemency has been celebrated by advocates, it also underscores the need for continued reforms to ensure fairness and equity in the US justice system.
Mr. Barume affirmed the decision “highlights the importance of addressing systemic issues within the criminal justice system, ensuring that all individuals, regardless of their background, are afforded their fundamental rights”.
Mr. Peltier transitions to home confinement, Mr. Barume called for the clemency decision to be a turning point in efforts to address historical and ongoing injustices.
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