Pregnant war resister seeks early release from military prison on humanitarian grounds
495 supporters from around the world write letters in support of clemency application
From the Center for Conscience in Action
November 4, 2013
Mario and Kimberly Rivera by James M. Branum
Fort Carson, Colorado -- Imprisoned war resister PFC Kimberly Rivera has submitted a clemency application seeking a reduction by 45 days in the 10 month prison sentence she received for seeking asylum in Canada rather return to her unit in Iraq.
The request for clemency was based on humanitarian reasons due to pregnancy. Unless clemency is granted, Private First Class Kimberly Rivera will be forced to give birth in prison and then immediately relinquish custody of her son while she continues to serve the remainder of her sentence.
Unfortunately military regulations provide no provisions for her to be able to breastfeed her infant son while she is in prison.
Fort Carson Senior Commander Brigadier General Michael A. Bills will be making a decision on PFC Rivera's clemency request in the coming weeks.
PFC Rivera's case made international news when she was the first female US soldier in the current era to flee to Canada for reasons of conscience. After a protracted struggle through the Canadian legal system, she was deported back to the United States in September 2012. She was then immediately arrested and sent back to the Army to stand trial.
In an interview conducted on the eve of her court-martial, Rivera said, " When I saw the little girl [in Iraq] shaking in fear, in fear of me, because of my uniform, I couldn't fathom what she had been through and all I saw was my little girl and I just wanted to hold her and comfort her. But I knew I couldn't. It broke my heart. I am against hurting anyone" I would harm myself first. I felt this also made me a liability to my unit and I could not let me be a reason for anyone to be harmed---so I left" Even though I did not fill out the official application to obtain conscientious objector status, I consider myself a conscientious objector to all war."
On April 29, 2013, PFC Rivera pled to charges of desertion. She was sentenced by the military judge to fourt een months in prison, loss of rank and pay, and a dishonorable discharge; thanks to a pre-trial agreement her sentence was reduced to an actual sentence to ten months of co nfinement and a bad-conduct discharge.
Kimberly Rivera has been recognized by Amnesty International as a "prisoner of conscience." She is the mother of four children, ages 11, 9, 4 and 2.
Kimberly Rivera's request for clemency was accompanied by 495 letters of support, written by family members, friends, as well as members of Amn esty International from 19 countries.
" We have many organizations to thank for the outpouring of support for Kimberly Rivera, including Amnesty International, Courage to Resist, the War Resisters Support Campaign of Canada, Veterans for Peace and Coffee Strong," said James M. Branum, civilian defense attorney for PFC Rivera. "We also want to recognize the tireless efforts of local supporters in Colorado Springs and San Diego who have taken the time to visit Kim in prison as well as to provide important support to Kim's family in her absence."
While the official clemency request is now complete, supporters of PFC Rivera are still encouraged to continue to speak out on her behalf. Letters in support of PFC Rivera's clemency request can be sent directly to:
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