Petition cites detainee 's death

Home News Tribune (East Brunswick,  NJ) - March 15, 2008  Author: Home

By KEN SERRANO

STAFF WRITER

 

A group of civil-rights activists are joining more than 90 immigration

detainees to call attention to the  death of a Cuban national who  was

being held at Middlesex County jail.

 

The man, detained under the name  Arturo Alvarez, died March 2 at  St.

Peter's University Hospital in  New Brunswick after suffering  a heart

attack at the jail Feb. 29, authorities said.

 

A  petition  signed by  93  detainees was  sent  to Michael  Chertoff,

secretary of the  U.S. Department of  Homeland Security, and  Attorney

General Michael Mukasey, complaining about what the detainees called a

lack of medical treatment for the heart-attack victim and another  man

at the jail.

 

The  petition  contends that  Alvarez  asked for  help  and was  given

Tylenol and his  own medication, "but  no doctor was  available to see

him."

 

Nicki Newby,  an organizer  for the  New Jersey  Civil Rights  Defense

Committee,  said  the group  plans  to call  on  the Middlesex  County

freeholders to terminate  the contract the  county jail has  with U.S.

Immigration and Customs Enforcement.

 

"We've heard similar stories from other jails in New Jersey and  other

parts of  the country  that detainees  are sometimes  ignored and  not

getting required medical attention," Newby said.

 

Michael Gilhooly, spokesman for  the Department of Homeland  Security,

which  includes  Immigration  and  Customs  Enforcement,  denied   the

allegation of medical neglect.

 

"When it  became apparent  that the  individual was  ill, he  received

proper medical care," Gilhooly said.  "We take the health and  welfare

of our people very seriously."

 

As with the deaths  of all detainees ,  the case has been  referred to

the  bureau's internal  affairs office,  said Mark  Vogler, assistant

field  office  director  for  Immigration  and  Customs  Enforcement's

detection and removal office in Newark.

 

The dead man's real name  was Arturo Suarez-Almenares, and he  was 72,

Gilhooly said.

 

Officials with  knowledge of  the case  who spoke  on the condition of

anonymity  because  they  are not  authorized  to  release details  of

Suarez-Almenares, said he arrived from  Cuba in 1980, the year  of the

Mariel Boat Lift when 125,000 Cubans fled to the United States.

 

A few  years later,  Suarez-Almenares started  establishing a  lengthy

criminal history in New Jersey. He spent five separate stints in state

prison on  drug distribution  charges. He  was sent  to prison last in

April 2007, released to immigration officials in October and taken  to

Middlesex County jail, Gilhooly said.

 

State  Department of  Corrections records  have him  listed as  Arturo

Saurez.

 

An order of removal was long ago made final against  Suarez-Almenares,

Gilhooly said. But  Cuban nationals cannot  be repatriated because  of

edicts by the Castro government. So they live in a sort of immigration

limbo and are kept in a permanent probation-like program that requires

them to maintain contact with immigration authorities.

 

Gilhooly said Suarez-Almenares was about  to be released when he  fell

ill.

 

A friend of Suarez-Almenares, Avello Guillermo of Union City, said his

friend lived mostly in that Hudson County city, renting a room there.

Guillermo was unsure if  Suarez-Almenares had family, although  he has

heard of a sister in Florida.

 

Gilhooly said there is no known next of kin.

 

For now, his body will remain at St. Peter's morgue. If no one  claims

his remains, the federal government is obligated to bury him, Gilhooly

said.

 

The petition  also alleged  the neglect  of a  detainee identified  as

Cemar Koc.

 

The petition claims the detainee  complained of pain to a  first shift

duty officer,  got no  help, and  after complaining  to a second-shift

officer lost consciousness.

 

Les  Paschall,  CEO  of  CFG  Health  Systems,  a  limited   liability

corporation  that  runs  medical  and  mental-health  services  at the

Middlesex  County  jail,  declined  comment  on  the  death  of Suarez

-Almenares, citing lawyer's advice and security rules.

 

Paschall said he could not confirm that a detainee by the name of  Koc

was at the jail, also citing security restrictions, but he said he  is

investigating the neglect claim.

 

The company's parent corporation is Center for Family Guidance,  based

in Marlton.

 

Gilhooly said the medical services there are routinely inspected along

with the  facility. They  were last  inspected in  April 2007  and are

scheduled for another review this month.

 

Newby said the  New Jersey Civil  Rights Defense Committee  is focused

more on Immigration and Customs Enforcement than the medical  services

provider, although they are still trying to find out more about both.

 

"The death  of Arturo  Alvarez, like  at least  sixty other  deaths in

detention in the U.S.  over the past five  years that have never  been

fully  explained or  accounted for,  is the  inevitable outcome  of a

system that  lacks adequate  oversight and  accountability," the group

said in a statement.

 

The county  jail receives  about $100  a day  per detainee  , said  Ed

Cicchi, warden  of the  jail. That  payment is  largely a profit since

detainees are taking up otherwise empty space.

 

The contract allows for up to 187 detainees to be kept there, although

the number fluctuates.

 

Cicchi declined to discuss Suarez-Almenares' death or the claim  about

Koc,  citing  restrictions  in the  jail's  contract  with Immigration

uthorities.