Imprisoned pregnant war resister seeks early release for birth of son

495 supporters from around the world write letters in support of clemency application

Donations to assist the Rivera Family can be made online here. 100% of donated funds will assist the Rivera Family.

By James Branum and Courage to Resist. November 4, 2013

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 with Courage to Resist  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 fourteen 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 confinement 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 Amnesty 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:

Brigadier General Michael A. Bills
c/o Fort Carson Public Affairs Office
1626 Ellis Street
Suite 200, Building 1118
Fort Carson, CO 80913
(fax: 1-719-526-1021)

Supporters are also encouraged to sign an online petition posted at:
http://www.thepetitionsite.com/752/756/678/free-a-pregnant-war-resister/

Photos: Top-Kimberly with husband Mario during her court martial. Middle-Kimberly in Canada prior to being deported. Bottom-Courage to Resist rallies outside Canadian Consulate, San Francisco CA, prior to Kimberly's forced return.

Initial press release by The Center for Conscience in Action, an Oklahoma City-based organization dedicated to the intersection of peace, conscience and direct action. CCA’s Legal Support Project provides low and no cost legal representation to military service members seeking discharge on the grounds of conscience.

For more information or to schedule an interview about this subject, please contact James M. Branum, lead defense counsel for PFC Rivera, at 405-494-0562 or girightslawyer(at)gmail(dot)com. Consolidated Brig Miramar generally forbids inmates from doing interviews with the press, but you are welcome to see if an exception can be made by contacting the Brig Public Affairs office at 858-577-7071.

Additional case updates will be posted at couragetoresist.org and freekimberlyrivera.org