Clemency’s executive grant, signed Sunday just hours before Biden left office, puts Pelletier’s life sentence on home confinement and allows him to receive proper medical care and reconnect with his community. , the Special Rapporteur said in a statement.
Human Rights Council-appointed expert Albert Ballume praised the decision, describing it as “an important gesture toward the indigenous peoples of the United States.”
decades of advocacy
Mr. Pelletier is a member of the Chippewa and Lakota nations and was convicted of murder in 1977 in connection with the deaths of two FBI agents during a standoff with Native American activists on the Pine Ridge Reservation. I am. He was extradited from Canada to the United States in December 1976 and received two life sentences after a trial.
“For many years, Mr. Pelletier has maintained his innocence. Concerns have been raised about the fairness of his trial and his legal representation,” the Special Rapporteur said.
His trial raised serious concerns about due process, with international human rights organizations including the United Nations Working Group on Arbitrary Detention calling for his release.
In its findings in 2022, the United Nations Working Group determined that Mr. Pelletier’s detention constituted arbitrary imprisonment.
Previous UN special rapporteurs, including a 2012 report on the rights of indigenous peoples in the United States, have called for leniency for Mr. Pelletier, framing his claims as a symbol of the systemic injustices faced by Native Americans. .
“Mr. Pelletier also suffers from serious health conditions, which the prison authorities were unable to adequately address,” Balloum noted.
steps towards reconciliation
“While this generosity cannot restore the decades of life he lost, it provides an opportunity for him to receive proper medical care and be reunited with his people,” said an independent expert. I did.
Barume stressed that the clemency decision does not absolve Pelletier of his convictions, but represents a critical acknowledgment of past wrongs.
“States have an obligation to ensure due process for all defendants at all stages of criminal proceedings, including parole hearings, as required by international law,” he said.
The decision also calls for broader reconciliation with Native Americans, including addressing historical injustices such as forced removal, cultural erasure, and disproportionate rates of incarceration.
Mr. Pelletier’s childhood reflects this history. Forcibly removed from his family at the age of nine and placed in a government-run boarding school, he endured the systematic retirement of Indigenous children from their culture.
His case has since become a symbol of the need for justice and reconciliation.
looking ahead
While Pelletier’s clemency has been celebrated by his supporters, it also highlights the need for continued reform to ensure fairness and impartiality in the U.S. justice system.
The decision “highlights the importance of addressing systemic issues within the criminal justice system and ensuring that all individuals, regardless of their background, are afforded their fundamental rights,” Barume said. I said no.
As Mr. Pelletier was transferred to home confinement, the Special Rapporteur called for a lenient decision, marking a turning point in efforts to address historical and continuing injustices.
Special Rapporteurs and other independent rights experts are not UN staff, do not receive a salary, and are independent from governments and organizations.
