A second member of Congress has refused to press for a World Court case against Canada over its jailing and torture of a former sheriff’s officer from the United States, prompting a lawyer in the case to warn that Washington’s apparent new policy is to abandon citizens overseas if they get into legal trouble.
WND has reported for two years on the case of Scott Loper, who was jailed in Canada from about 2000-2004.
Loper alleges he uncovered a police-run drug ring and he was arrested and jailed on trumped-up charges to keep him quiet. He has created a website that describes his case and his goals.
He unsuccessfully sought help from Rep. Steny Hoyer, D-Md., and recently has been seeking help from the office of Rep. Frank Wolf, R-Va.
U.S. officials have confirmed that Canada has admitted jailing Loper and admitted “mistakes” were made in his case. But Loper’s efforts so far to have a Vienna Convention violation complaint filed with the World Court have been unsuccessful. Under that treaty, only nations – not individuals – can file complaints.
Loper’s civil rights attorney, C. Scott Shields, said the lack of help for his client is troubling.
“All Americans should beware of traveling outside of the
United States since our government is officially taking the position that if
you are incarcerated in a foreign nation; regardless if you are tortured,
you will not receive any support from the United States government,” Shields said, “and that
you are on your own to fend for yourself, even in cases where you have young
children that disappear as a result of your incarceration.”
The lawyer was referring to the disappearance of Loper’s wife and 3-year-old son at the time of his arrest. Loper reports his family disappeared at his arrest, and his actual sentences were for violating a court order barring him from trying to reach them. He explains authorities then were using his family to prevent him from pursuing his complaints.
But he hasn’t seen them since.
Loper told WND that the latest roadblock in his case came from Wolf’s office during a telephone meeting with Shields.
Shields said the comments from Wolf should worry “every American traveling or living outside the borders of the United States.”
“There is apparently a secret new State Department policy regarding Americans
who find themselves incarcerated overseas. A policy of abandonment,” he reported.
“Mr. Wolf … told me that he was calling to put an end to
my numerous inquiries as he stated that he has done all he can do for Mr.
Loper,” Shields reported. “I was at a loss for words when Mr. Wolf stated that, and informed him that he had not done anything except write a couple of letters. I questioned Mr. Wolf why he was unwilling to stand up for Mr. Loper since we know that Canada admittedly violated his rights under Article 36 of the Vienna
Convention on Consular Services.
“Mr. Wolf got very
upset with me and told me that he always stands up for his constituents, but
just not in this case. Mr. Wolf said that our government will not give aid
to any American who has their rights to consular access denied following an
arrest,” Shields said.
“Wolf closed by stating that he sent letters and had his staff
make two phone calls and that the case was closed in his office; as that was
all he would do for Mr. Loper,” Shields wrote.
“Like Steny Hoyer, Mr. Wolf has decided for reasons unknown, that Mr. Loper’s
rights as an American citizen in a foreign country are not worth standing up
for and that the disappearance of his then 3-year-old son did not warrant
any involvement by the United States,” Shields said.
“But even more disturbing is the
precedent this secret new policy sets for the countless thousands of
American citizens worldwide who falsely believe that they are protected by
the U.S. Government!” Shields said.
“I Love my country,” Loper told WND. “I’m just embarrassed by some of the people who represent
her to the world.”
A spokesman for Wolf’s office said the congressman would decline to comment on the case.
WND broke the story in 2007 of Loper’s account of his experiences, including his descriptions of torture at the hands of Canadian authorities and authorities’ refusal to notify U.S. consular officials as required under the Vienna Convention.
Loper and his civil rights attorney have been working to obtain a full investigation of his jailing and treatment by Canadian authorities. They have taken their case directly to American people by posting a YouTube video about his case.
It can be seen here: