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In a move unprecedented in U.S. history, John Ashcroft's Justice Department has indicted an entire organization &endash; Greenpeace! -- for the peaceful protest activities of its members.

 

For years, we have been working to halt environmental destruction and human rights abuses by criminal enterprises in Brazil's Amazon rainforest. In April 2002, miles off the coast of Florida, two Greenpeace activists boarded a ship that was carrying wood illegally exported from the Brazilian Amazon. Their goal was to hang a banner that said "President Bush: Stop Illegal Logging." But instead of intercepting the contraband and prosecuting the smugglers, the Government now has charged Greenpeace with crimes for boarding the ship. A trial is scheduled to take place this fall.

Greenpeace Charges it was Singled Out for Prosecution by Ashcroft's Justice Department

 

October 06, 2003

Miami, Fla./Washington - In a motion filed today (October 6), Greenpeace contended that the Justice Department is engaged in improper selective prosecution -- singling out Greenpeace because the organization has effectively opposed Bush administration policies. The Justice Department has indicted Greenpeace under an obscure 18th century law prohibiting the boarding of ships.

 

The case stems from an April 2002 protest in which two Greenpeace activists climbed onto a commercial ship off the coast of Florida and held a banner that said, "President Bush, Stop Illegal Logging." The ship was carrying mahogany wood illegally exported from Brazil's Amazon rainforest. While the individuals involved in the protest settled charges against them last year, the Justice Department filed criminal charges against the entire organization in July 2003. A trial is presently set for later this month.

 

"This prosecution is unprecedented in American history," said John Passacantando, executive director of Greenpeace in the United States. "Never before has our government criminally prosecuted an entire organization for the free speech activities of its supporters. If this prosecution succeeds, then peaceful protest -- an essential American tradition from the Boston Tea Party through the modern civil rights movement -- may become yet another casualty of Attorney General Ashcroft's attack on civil liberties."

 

In addition to its motion regarding selective prosecution, Greenpeace has also filed motions: (1) to dismiss the indictment; (2) to hold a jury trial if the case is not dismissed; and (3) to compel the federal government to turn over evidence supporting Greenpeace's claim that the ship was carrying mahogany. The government has denied the latter claim, but Greenpeace has solid evidence to support it.

 

Greenpeace's protest stemmed from the organization's ongoing work to protect the Brazilian Amazon and other ancient forests. Large criminal enterprises, using bribery, extortion, slavery and murder, continue to ravage the Amazon and export their contraband, but joint efforts by Greenpeace and Brazilian authorities have helped slow unlawful trade in the Amazon. Greenpeace protest activities around the world have helped convince governments to provide greater protection for mahogany.

 

Greenpeace is charged under an 18th-century law designed to prevent unscrupulous boarding house proprietors from luring arriving sailors to their establishments.

 

"Instead of indicting Greenpeace for blowing the whistle on illegal smuggling, our government should be intercepting the contraband and prosecuting the smugglers," Passacantando said. "The law under which we are being charged is so archaic that we can only conclude that the Justice Department dredged it up to shut us down."

 

What's at stake?

 

Although the charges brought against Greenpeace as a result of the protest are misdemeanors, the possible ramifications of a conviction are severe. If found guilty, penalties for each of the two counts can be up to a $10,000 fine. The organization could also be placed on five years' probation. More importantly, if the government is able to prosecute entire organizations for non-violent protests, it could alter the face of public protest and civil disobedience.

 

We are a non-profit organization strictly funded by individuals. We do not solicit or accept money from corporations or the government. A $10,000 fine would be a substantial drain on our funds.

 

During any probationary period, we could potentially be prohibited from engaging in free speech activities. This restriction could thwart our ability to bring attention to environmental crimes.

 

Due to the nature of our activities, we expect complaints from corporations and other opponents of Greenpeace, and as individuals, we are aware of the legal consequences of our actions. However, this an overreaching and unprecedented criminal indictment by our own government.

 

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