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Take Action: Share Fahd’s Story December 11, 2014

Posted by rogerhollander in Art, Literature and Culture, Barack Obama, Civil Liberties, Criminal Justice, Torture, War on Terror.
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Roger’s note: On the very day of his inauguration in 2009, Obama promised to shut down the Guantánamo Gulag.  Since then he has murdered thousands with his drone missiles, including United States citizens, bombed several Muslim countries, including Libya, Iraq and Pakistan, escalated the invasion in Afghanistan, returned to warfare in Iraq, allowed windfall payouts to corrupt financial institutions, kept his head in the sand about torture in Bagram and torturous forced feeding in Guantánamo, passed a health reform plan that is a windfall to private HMOs and other insurance companies, gone after whistle blowers with a vengeance, developed the doctrine of indefinite detention, deported more undocumented immigrants than all the presidents before him combined, etc. etc. etc.  But over a hundred remain in the rotting confines of  Guantánamo. He claims he lacks the power to close it.

This is known as “hope you can believe in.”

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After months of planning, filming, and production, we are excited to launch our short documentary “Waiting for Fahd: One Family’s Hope for Life Beyond Guantánamo,” which tells the story of CCR client Fahd Ghazy. Last night, we debuted the film at an event in New York City and people were moved to tears. Now we turn to you: please help us SHARE FAHD’s STORY.

Fahd has been illegally detained at Guantánamo since he was 17. He is now 30 years old. Through moving interviews with his family in Yemen, the film paints a vivid portrait of the life that awaits a man who, despite being twice cleared for release, continues to needlessly languish at Guantánamo because of his nationality. A heartbreaking tale of a dream deferred, “Waiting for Fahd” is also a story about the durability of hope.

Over Thanksgiving, I met with Fahd in Guantánamo. He was moved to know that so many of you will now know more about his plight. On his behalf, I ask you to help us tell Fahd’s remarkable story! Please share the film through e-mail, Facebook and Twitter (hashtag #FreeFahd). Stand in solidarity with Fahd by taking a photograph of yourself holding a #FreeFahd sign and uploading it to our Tumblr page.

Raising public awareness around Fahd’s story and the ongoing injustice of Guantánamo is critical to moving decision-makers in the Obama Administration to release Fahd and the scores of other men now approaching their thirteenth year without charge or trial at Guantánamo, including CCR clients Ghaleb Al-Bihani, Tariq Ba Odah, and Mohammed Al-Hamiri.

I asked Fahd what he would say to someone who had seen his film. “Now that you have heard my story and seen my dreams, you cannot turn away… Be a voice for the voiceless – for another human being who is suffering,” he answered.

Be that voice. SHARE FAHD’s STORY. Help us share this film and send a clear message to those who have power over his fate that now is the time to free him so that he can be reunited with his family. Together we can work towards ending indefinite detention at Guantánamo once and for all.

Thank you for your support,

Omar Farah

© Center for Constitutional Rights

666 Broadway, New York, NY 10012
(212) 614-6464

Louisiana AG ‘committed’ to keeping Angola 3 member Albert Woodfox imprisoned despite court ruling November 24, 2014

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Racism, Torture.
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Roger’s note: Albert Woodfox, unfairly tried and convicted, has served nearly all of his 42 imprisoned years in solitary confinement, 23 hours a day, seven days a week, fifty two weeks a year in a closet sized cell with no windows and a bare minimum of human contact.  During this time he has been subjected to multiple daily strip and cavity searches.  What this amounts to is state vengeance for his Black Panther political organization and human rights activities.  Multiply this by the thousands of American prisoners suffering the TORTURE of solitary confinement, and we see that we give the ISIS/ISIl and our allied Saudis a run for the money when it comes to outright barbarism.

 

Emily Lane, NOLA.com | The Times-PicayuneBy Emily Lane, NOLA.com | The Times-Picayune
Email the author | Follow on Twitter, November 22, 2014 at 11:33 AM, updated November 23, 2014 at 3:27 PM

 

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After four decades in solitary confinement in Louisiana prisons for a murder he and his supporters maintain he did not commit, Angola 3 member Albert Woodfox got news this week his release might soon be possible. A federal appeals court issued a ruling Thursday (Nov. 20) in which they agreed Woodfox’s conviction for the 1972 murder of a prison guard should be vacated.

But on Friday (Nov. 21), Louisiana Attorney General Buddy Caldwell suggested in a statement that the state plans to persist in its decades-long effort to keep Woodfox imprisoned for a previously ordered life sentence.

“We respectfully disagree with the Court’s ruling, and remain committed to seeing that the trial jury’s judgment finding Albert Woodfox guilty of murdering Officer Brent Miller is upheld,” Caldwell said.

Woodfox and another prisoner in the early 1970s at the Louisiana State Penitentiary in Angola, Herman Wallace, who died last year days after his release from prison, were both implicated in Miller’s murder. Supporters of the Angola 3, though, say there was no physical evidence linking them to the crime. A bloody fingerprint at the scene matched neither of the men, according to International Coalition to Free the Angola 3. And supporters say the case’s only witness, a now-dead inmate, was promised favor in his case in exchange for his testimony against the men.

In 2008, Miller’s widow Leontine Verrett — a teenager at the time of her late husband’s murder — told The Los Angeles Times: “If I were on that jury, I don’t think I would have convicted them.”

Caldwell also said in his statement that “no court decision, including this one, has ever made a finding which disputes the fact that Albert Woodfox murdered Brent Miller at Angola in 1972. Those facts will always remain true.”

The Fifth Circuit Court of Appeal’s unanimous decision this week to uphold a District Court judge’s ruling to overturn Woodfox’s conviction was the third time a court has ruled to do so. The case was re-tried in 1998, and a jury again found Woodfox guilty after testimony of the deceased witness was read in court. It’s the 1998 conviction that the three-judge panel this week agreed should be vacated on the basis that Woodfox didn’t receive a fair trial because of racial discrimination in the selection of the grand jury foreperson.

Amnesty International, a major human rights organization, has called for Woodfox’s release since the ruling.

If the state moves on its commitment to try to uphold the conviction, it could be months or even years before the case is resolved.

Woodfox’s lawyer George Kendall said in an email, “It’s time for the case to come to an end.”

“This decision is fully consistent with decades of Supreme Court law,” he said of the ruling. “It is also consistent with our view that, because he is innocent, the only way for Louisiana to get that conviction was to violate the safeguards of a fair trial.”

At 67, Woodfox has spent nearly 43 years in prison for the conviction, “nearly all of it in solitary confinement, despite an overwhelmingly positive conduct record.”

His designation as a member of the Angola 3 stems from what Angola 3 supporters believe are wrongful convictions for prison murders in which Woodfox and two other prisoners were implicated for the purpose of silencing their activism. The International Coalition to Free the Angola 3 asserts the men essentially became political prisoners for organizing an official Black Panther Party chapter inside the prison, which led hunger strikes and other demonstrations opposing inhumane conditions inside the prison at Angola. Those conditions in the early 1970s at Angola included continued segregation, corruption and “systematic prison rape,” coalition manager Tory Pegram said.

Woodfox, who has moved facilities a number of times, remains incarcerated at David Wade Correctional Center in Homer. He is also seeking a restraining order against the state for daily strip and cavity searches by guards at the facility.

Wallace was released in October of last year, two days before his death from complications of liver cancer. He maintained his innocence in the murder until his death.

Robert King, the third member of the Angola 3 who was convicted of killing a fellow inmate, was exonerated and released from prison in 2001 after 29 years in solitary. King remains active in the campaign to release Woodfox from prison as well as ending the practice of solitary confinement, which is the subject of a civil suit involving the Angola 3.

King, who now lives in New Orleans and gives talks about his prison system experience, said despite the uncertainty of the action the state will take in response to the ruling, it’s an important, overdue step in a long process to secure Woodfox’s release.

“It’s been an uphill battle… but with this ruling, I think we have the wind at our back,” King said.

King said he was able to maintain his sanity, for the most part, while in solitary for all of those years by coming to understand — with the help of Wallace and Woodfox — that their struggle was “part of a bigger picture.” That bigger picture, he said, is painted by the country’s history with racism and injustice in the penal system.

“It kept me afloat — understanding why things were (as they were) with me and people who look like me,” King said.

King said he likes to think that Wallace, upon learning of the court’s recent ruling, would be smiling.

“We are just that much closer to Albert being released from prison,” King said. “One giant step toward that freedom.”

Woodfox, of New Orleans, was originally sentenced to prison at Angola on charges of armed robbery. That sentence would have expired decades ago, Pegram said. Woodfox was at Angola only a few years before he was implicated, along with Wallace, in Miller’s murder.

“At 67, Mr. Woodfox should be able to live of whatever life he has on this earth in peace,” Kendall, his attorney, said.

. . . . . .

Emily Lane is a news reporter based in Baton Rouge. Reach her atelane@nola.com or 504-717-7699. Follow her on Twitter (@emilymlane) orFacebook.

Senator: White House Simply Doesn’t “Want Public to Know” Scope of CIA Torture November 22, 2014

Posted by rogerhollander in Barack Obama, Criminal Justice, Human Rights, Torture.
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Members of Intelligence Committee say White House is stalling release of torture report as high-level disagreement over what American people can know about abuses by CIA reaches boiling point; Transparency advocates tell lawmakers with access to report, ‘Just read it into the record.’

Members of the Senate Intelligence Committee (from left) Sens. Jay Rockefeller, D-W.Va., Dianne Feinstein, D-Calif., and Saxby Chambliss, R-Ga., listen to testimony in a Senate hearing room in this file photo. (Photo: AP)

“The public has to know about it. They don’t want the public to know about it.”

That’s what Sen. Jay Rockefeller (D-W.Va.) told the Huffington Post on Thursday night regarding continued White House stalling over release of a report that catalogs the internal investigation of CIA torture during the Bush years. The comments followed a close-door meeting between Senate Democrats and Obama administration officials that took place just hours before the president gave a much-anticipated speech on another subject, immigration reform.

Rockefeller said the torture report is “being slow-walked to death” by the administration and told the HuffPost, “They’re doing everything they can not to release it.”

“[The report] makes a lot of people who did really bad things look really bad,” Rockefeller continued, “which is the only way not to repeat those mistakes in the future.”

Though the report has been completed for many months, the members of the Senate Intelligence committee have been fighting with the White House, which allowed CIA officials to review its findings, over the scope of redactions to the report’s summary before it’s made public. Though the full report is not expected to be released to publicly, human rights and transparency advocates have urged members to simply enter the report into the public record, something they have legal authority to do, as a way to inform the American people, and the world, of the full scope of the tactics used by U.S. government agents during the earlier years of the so-called ‘war on terror.’

The New York Times reports:

During a closed-door meeting on Capitol Hill with Denis R. McDonough, the White House chief of staff, the senators said that the White House was siding with the C.I.A. and trying to thwart negotiations over the report’s release. The negotiations have dragged on for months because of a dispute over the C.I.A.’s demand that pseudonyms of agency officers be deleted from the report.

The C.I.A., supported by the White House, has argued that even without using the real names of the officers, their identities could still be revealed.

According to several people in attendance, the meeting was civil, but neither side gave ground, and it ended without resolution. The Senate Intelligence Committee spent five years working on the 6,000-page report, which is said to provide grim details about the torture of detainees in C.I.A. prisons during the Bush administration, and describe a persistent effort by C.I.A. officials to mislead the White House and Congress about the efficacy of its interrogation techniques. The committee voted this year to declassify the report’s executive summary, numbering several hundred pages, but the fight over redactions has delayed the release.

Earlier this week, Sen. Ron Wyden (D-Ore.), also member of the committee, characterized the CIA’s arguments for leaving the report heavily redacted “ludicrous.”  Sen. Martin Heinrich (D-N.M.) said the version under discussion would leave all but 15 percent of the report blacked-out. “Try reading a novel with 15 percent of the words blacked out—” Heinrich said. “It can’t be done properly.”

Chair of the Intelligence Comittee Sen. Diane Feinstein (D-Calif.) has let her frustrations be known but has not made clear what she intends to do in order to move the White House towards greater transparency on the report.

As the HuffPost reports:

Feinstein declined to discuss the meeting with reporters Thursday. “I ain’t talkin’,” she said.

Rockefeller said the administration’s unwillingness to use aliases reflects a broader contempt for congressional oversight.

“The White House doesn’t want to release this. They don’t have to. And all we do is oversight, and they’ve never taken our oversight seriously,” he said. (He then added that he did allow for one exception, the Church Committee.) “Under Bush there was no oversight at all. Remember the phrase, ‘Congress has been briefed’? What that meant was that I and our chairman […] and two comparable people in the House had met with [former Vice President Dick] Cheney in his office for 45 minutes and given a little whirley birdie and a couple charts.”

“They had a specialty for being unforthcoming in our efforts at oversight,” he added, “and therefore there is no incentive for them to change their behavior.”

Meanwhile, a coalition of advocacy groups—including RootsAction, Demand Progress, Win Without War, CodePink, USAction, and others—argue the senators on the Intelligence Committe have another path if they truly want to give the public a look at the scope of the abuses perpetrated by the CIA. And, according to the groups, the senators have no obligation to wait for permission from the White House to act. As the coalition points out in a statement,  “Members of Congress have an absolute right to free speech, and a member could enter the report into the Congressional Record in its entirety—just as the Pentagon Papers were by Senator Mike Gravel in 1971—without fear of prosecution.”

A online petition sponsored by the coalition, which they intend to deliver to members of the committee, reads in part:

The Senate Intelligence Committee’s “torture report” is expected to detail shocking abuse of prisoners at the hands of the CIA during the Bush administration, and even possible CIA lying to Congress.

But seven months after the Senate Intelligence Committee voted overwhelmingly to release the report to the American people, the White House is stonewalling Congress and demanding “redactions”—blacked-out sections and information—before making its contents public.

The group has put particular focus on outgoing Sen. Mark Udall (D-Colo.) to step forward and release the report. Udall lost his re-election bid earlier this month and will be leaving the Senate in January. Signers of the petition say that if Udall, or other members in a position to do so, take the “heroic and courageous act” of releasing the full report,  “we and countless others will support you.”

The Persecution of Julian Assange November 19, 2014

Posted by rogerhollander in Britain, Criminal Justice, Whistle-blowing, Wikileaks.
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Roger’s note: Here is the complete story behind the bizarre and Byzantine attempt by the United States government and its lapdog UK and Swedish governments to get their eager hands on a man who had the temerity to expose some of their atrocities.  Sort of an international version of the Keystone Kops.

The Farcical Siege of Knightsbridge

by JOHN PILGER

The siege of Knightsbridge is a farce. For two years, an exaggerated, costly police presence around the Ecuadorean embassy in London has served no purpose other than to flaunt the power of the state. Their quarry is an Australian charged with no crime, a refugee from gross injustice whose only security is the room given him by a brave South American country. His true crime is to have initiated a wave of truth-telling in an era of lies, cynicism and war.

The persecution of Julian Assange must end. Even the British government clearly believes it must end. On 28 October, the deputy foreign minister, Hugo Swire, told Parliament he would “actively welcome” the Swedish prosecutor in London and “we would do absolutely everything to facilitate that”. The tone was impatient.

The Swedish prosecutor, Marianne Ny, has refused to come to London to question Assange about allegations of sexual misconduct in Stockholm in 2010 – even though Swedish law allows for it and the procedure is routine for Sweden and the UK. The documentary evidence of a threat to Assange’s life and freedom from the United States – should he leave the embassy – is overwhelming. On May 14 this year, US court files revealed that a “multi subject investigation” against Assange was “active and ongoing”.

Ny has never properly explained why she will not come to London, just as the Swedish authorities have never explained why they refuse to give Assange a guarantee that they will not extradite him on to the US under a secret arrangement agreed between Stockholm and Washington. In December 2010, the Independent revealed that the two governments had discussed his onward extradition to the US before the European Arrest Warrant was issued.

Perhaps an explanation is that, contrary to its reputation as a liberal bastion, Sweden has drawn so close to Washington that it has allowed secret CIA “renditions” – including the illegal deportation of refugees. The rendition and subsequent torture of two Egyptian political refugees in 2001 was condemned by the UN Committee against Torture, Amnesty International and Human Rights Watch; the complicity and duplicity of the Swedish state are documented in successful civil litigation and WikiLeaks cables. In the summer of 2010, Assange had been in Sweden to talk about WikiLeaks revelations of the war in Afghanistan – in which Sweden had forces under US command.

The Americans are pursuing Assange because WikiLeaks exposed their epic crimes in Afghanistan and Iraq: the wholesale killing of tens of thousands of civilians, which they covered up; and their contempt for sovereignty and international law, as demonstrated vividly in their leaked diplomatic cables.

For his part in disclosing how US soldiers murdered Afghan and Iraqi civilians, the heroic soldier Bradley (now Chelsea) Manning received a sentence of 35 years, having been held for more than a thousand days in conditions which, according to the UN Special Rapporteur, amounted to torture.

Few doubt that should the US get their hands on Assange, a similar fate awaits him. Threats of capture and assassination became the currency of the political extremes in the US following Vice-President Joe Biden’s preposterous slur that Assange was a “cyber-terrorist”. Anyone doubting the kind of US ruthlessness he can expect should remember the forcing down of the Bolivian president’s plane last year – wrongly believed to be carrying Edward Snowden.

According to documents released by Snowden, Assange is on a “Manhunt target list”. Washington’s bid to get him, say Australian diplomatic cables, is “unprecedented in scale and nature”. In Alexandria, Virginia, a secret grand jury has spent four years attempting to contrive a crime for which Assange can be prosecuted. This is not easy. The First Amendment to the US Constitution protects publishers, journalists and whistleblowers. As a presidential candidate in 2008, Barack Obama lauded whistleblowers as “part of a healthy democracy [and they] must be protected from reprisal”. Under President Obama, more whistleblowers have been prosecuted than under all other US presidents combined.  Even before the verdict was announced in the trial of Chelsea Manning, Obama had pronounced the whisletblower guilty.

“Documents released by WikiLeaks since Assange moved to England,” wrote Al Burke, editor of the online Nordic News Network, an authority on the multiple twists and dangers facing Assange, “clearly indicate that Sweden has consistently submitted to pressure from the United States in matters relating to civil rights.  There is every reason for concern that if Assange were to be taken into custody by Swedish authorities, he could be turned over to the United States without due consideration of his legal rights.”

There are signs that the Swedish public and legal community do not support prosecutor’s Marianne Ny’s intransigence. Once implacably hostile to Assange, the Swedish press has published headlines such as: “Go to London, for God’s sake.”

Why won’t she?  More to the point, why won’t she allow the Swedish court access to hundreds of SMS messages that the police extracted from the phone of one of the two women involved in the misconduct allegations? Why won’t she hand them over to Assange’s Swedish lawyers?  She says she is not legally required to do so until a formal charge is laid and she has questioned him. Then, why doesn’t she question him?

This week, the Swedish Court of Appeal will decide whether to order Ny to hand over the SMS messages; or the matter will go to the Supreme Court and the European Court of Justice.  In high farce, Assange’s Swedish lawyers have been allowed only to “review” the SMS messages, which they had to memorise.

One of the women’s messages makes clear that she did not want any charges brought against Assange, “but the police were keen on getting a hold on him”.  She was “shocked” when they arrested him because she only “wanted him to take [an HIV] test”.  She “did not want to accuse JA of anything” and “it was the police who made up the charges”. (In a witness statement, she is quoted as saying that she had been “railroaded by police and others around her”.)

Neither woman claimed she had been raped. Indeed, both have denied they were raped and one of them has since tweeted, “I have not been raped.”  That they were manipulated by police and their wishes ignored is evident – whatever their lawyers might say now. Certainly, they are victims of a saga worthy of Kafka.

For Assange, his only trial has been trial by media. On 20 August 2010, the Swedish police opened a “rape investigation” and immediately — and unlawfully — told the Stockholm tabloids that there was a warrant for Assange’s arrest for the “rape of two women”. This was the news that went round the world.

In Washington, a smiling US Defence Secretary Robert Gates told reporters that the arrest “sounds like good news to me”. Twitter accounts associated with the Pentagon described Assange as a “rapist” and a “fugitive”.

Less than 24 hours later, the Stockholm Chief Prosecutor, Eva Finne, took over the investigation. She wasted no time in cancelling the arrest warrant, saying, “I don’t believe there is any reason to suspect that he has committed rape.” Four days later, she dismissed the rape investigation altogether, saying, “There is no suspicion of any crime whatsoever.”  The file was closed.

Enter Claes Borgstrom, a high profile politician in the Social Democratic Party then standing as a candidate in Sweden’s imminent general election. Within days of the chief prosecutor’s dismissal of the case, Borgstrom, a lawyer, announced to the media that he was representing the two women and had sought a different prosecutor in the city of Gothenberg. This was Marianne Ny, whom Borgstrom knew well. She, too, was involved with the Social Democrats.

On 30 August, Assange attended a police station in Stockholm voluntarily and answered all the questions put to him. He understood that was the end of the matter. Two days later, Ny announced she was re-opening the case. Borgstrom was asked by a Swedish reporter why the case was proceeding when it had already been dismissed, citing one of the women as saying she had not been raped. He replied, “Ah, but she is not a lawyer.”  Assange’s Australian barrister, James Catlin, responded, “This is a laughing stock  … it’s as if they make it up as they go along.”

On the day Marianne Ny re-activated the case, the head of Sweden’s military intelligence service (“MUST”) publicly denounced WikiLeaks in an article entitled “WikiLeaks [is] a threat to our soldiers.” Assange was warned that the Swedish intelligence service, SAP, had been told by its US counterparts that US-Sweden intelligence-sharing arrangements would be “cut off” if Sweden sheltered him.

For five weeks, Assange waited in Sweden for the new investigation to take its course. The Guardian was then on the brink of publishing the Iraq “War Logs”, based on WikiLeaks’ disclosures, which Assange was to oversee. His lawyer in Stockholm asked Ny if she had any objection to his leaving the country. She said he was free to leave.

Inexplicably, as soon as he left Sweden — at the height of media and public interest in the WikiLeaks disclosures — Ny issued a European Arrest Warrant and an Interpol “red alert” normally used for terrorists and dangerous criminals. Put out in five languages around the world, it ensured a media frenzy.

Assange attended a police station in London, was arrested and spent ten days in Wandsworth Prison, in solitary confinement. Released on £340,000 bail, he was electronically tagged, required to report to police daily and placed under virtual house arrest while his case began its long journey to the Supreme Court.  He still had not been charged with any offence. His lawyers repeated his offer to be questioned by Ny in London, pointing out that she had given him permission to leave Sweden. They suggested a special facility at Scotland Yard used for that purpose. She refused.

Katrin Axelsson and Lisa Longstaff of Women Against Rape wrote: “The allegations against [Assange] are a smokescreen behind which a number of governments are trying to clamp down on WikiLeaks for having audaciously revealed to the public their secret planning of wars and occupations with their attendant rape, murder and destruction… The authorities care so little about violence against women that they manipulate rape allegations at will. [Assange] has made it clear he is available for questioning by the Swedish authorities, in Britain or via Skype. Why are they refusing this essential step in their investigation? What are they afraid of?”

This question remained unanswered as Ny deployed the European Arrest Warrant, a draconian product of the “war on terror” supposedly designed to catch terrorists and organized criminals. The EAW had abolished the obligation on a petitioning state to provide any evidence of a crime. More than a thousand EAWs are issued each month; only a few have anything to do with potential “terror” charges. Most are issued for trivial offences—such as overdue bank charges and fines. Many of those extradited face months in prison without charge. There have been a number of shocking miscarriages of justice, of which British judges have been highly critical.

The Assange case finally reached the UK Supreme Court in May 2012. In a judgement that upheld the EAW – whose rigid demands had left the courts almost no room for manoeuvre – the judges found that European prosecutors could issue extradition warrants in the UK without any judicial oversight, even though Parliament intended otherwise. They made clear that Parliament had been “misled” by the Blair government. The court was split, 5-2, and consequently found against Assange.

However, the Chief Justice, Lord Phillips, made one mistake. He applied the Vienna Convention on treaty interpretation, allowing for state practice to override the letter of the law. As Assange’s barrister, Dinah Rose QC, pointed out, this did not apply to the EAW.

The Supreme Court only recognised this crucial error when it dealt with another appeal against the EAW in November last year. The Assange decision had been wrong, but it was too late to go back.

Assange’s choice was stark: extradition to a country that had refused to say whether or not it would send him on to the US, or to seek what seemed his last opportunity for refuge and safety. Supported by most of Latin America, the courageous government of Ecuador granted him refugee status on the basis of documented evidence and legal advice that he faced the prospect of cruel and unusual punishment in the US; that this threat violated his basic human rights; and that his own government in Australia had abandoned him and colluded with Washington.  The Labor government of prime minister Julia Gillard had even threatened to take away his passport.

Gareth Peirce, the renowned human rights lawyer who represents Assange in London, wrote to the then Australian foreign minister, Kevin Rudd:  “Given the extent of the public discussion, frequently on the basis of entirely false assumptions… it is very hard to attempt to preserve for him any presumption of innocence. Mr. Assange has now hanging over him not one but two Damocles swords, of potential extradition to two different jurisdictions in turn for two different alleged crimes, neither of which are crimes in his own country, and that his personal safety has become at risk in circumstances that are highly politically charged.”

It was not until she contacted the Australian High Commission in London that Peirce received a response, which answered none of the pressing points she raised. In a meeting I attended with her, the Australian Consul-General, Ken Pascoe, made the astonishing claim that he knew “only what I read in the newspapers” about the details of the case.

Meanwhile, the prospect of a grotesque miscarriage of justice was drowned in a vituperative campaign against the WikiLeaks founder. Deeply personal, petty, vicious and inhuman attacks were aimed at a man not charged with any crime yet subjected to treatment not even meted out to a defendant facing extradition on a charge of murdering his wife. That the US threat to Assange was a threat to all journalists, to freedom of speech, was lost in the sordid and the ambitious.

Books were published, movie deals struck and media careers launched or kick-started on the back of WikiLeaks and an assumption that attacking Assange was fair game and he was too poor to sue. People have made money, often big money, while WikiLeaks has struggled to survive. The editor of the Guardian, Alan Rusbridger, called the WikiLeaks disclosures, which his newspaper published, “one of the greatest journalistic scoops of the last 30 years”. It became part of his marketing plan to raise the newspaper’s cover price.

With not a penny going to Assange or to WikiLeaks, a hyped Guardian book led to a lucrative Hollywood movie. The book’s authors, Luke Harding and David Leigh, gratuitously described Assange as a “damaged personality” and “callous”. They also revealed the secret password he had given the paper in confidence, which was designed to protect a digital file containing the US embassy cables. With Assange now trapped in the Ecuadorean embassy, Harding, standing among the police outside, gloated on his blog that “Scotland Yard may get the last laugh”.

The injustice meted out to Assange is one of the reasons Parliament will eventually vote on a reformed EAW.  The draconian catch-all used against him could not happen now; charges would have to be brought and “questioning” would be insufficient grounds for extradition. “His case has been won lock, stock and barrel,” Gareth Peirce told me, “these changes in the law mean that the UK now recognises as correct everything that was argued in his case. Yet he does not benefit. And the genuineness of Ecuador’s offer of sanctuary is not questioned by the UK or Sweden.”

On 18 March 2008, a war on WikiLeaks and Julian Assange was foretold in a secret Pentagon document prepared by the “Cyber Counterintelligence Assessments Branch”. It described a detailed plan to destroy the feeling of “trust” which is WikiLeaks’ “centre of gravity”. This would be achieved with threats of “exposure [and] criminal prosecution”. Silencing and criminalising this rare source of independent journalism was the aim, smear the method. Hell hath no fury like great power scorned.

John Pilger is the author of Freedom Next Time. All his documentary films can be viewed free on his website http://www.johnpilger.com/

For important additional information, click on the following links:

http://justice4assange.com/extraditing-assange.html

http://www.independent.co.uk/news/uk/crime/assange-could-face-espionage-trial-in-us-2154107.html

https://www.youtube.com/watch?v=1ImXe_EQhUI

http://pdfserver.amlaw.com/nlj/wikileaks_doj_05192014.pdf

https://wikileaks.org/59-International-Organizations.html

https://s3.amazonaws.com/s3.documentcloud.org/documents/1202703/doj-letter-re-wikileaks-6-19-14.pdf

 

Report: Senate Report on CIA Will Sidestep Look at Bush ‘Torture Team’ October 19, 2014

Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Dick Cheney, George W. Bush, Human Rights, Torture, War on Terror.
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Roger’s note: The United States government and military violate international law on a daily basis; the Bush/Cheney torture regime, which Obama has outsourced to Bagram and god knows where else, is one of its most blatant manifestations.  Obama’s “we need to look forward not backward” excuse for violating his oath to defend the constitution does credit to Lewis Carroll and Franz Kafka.  The next time you are before a judge accused of a crime, please remind her that it is time to look forward and not backward.  Your charges are sure to be dropped.

 

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According to sources who spoke with McClatchy, five-year inquiry into agency’s torture regime ignores key role played by Bush administration officials who authorized the abuse

 rumsfeld_bush_cheneyFrom left: Donald Rumsfeld, George W. Bush, and Dick Cheney. Thanks to an Obama adminstration that insisted on “looking forward, not backward” on torture, and a Senate investigation that has limited its scope to the mere “action or inactions” of the CIA, neither these men nor the others who helped authorize the torture program will likely ever face prosecution for what experts say were clear violations of domestic and international law. (Photo: Wikimedia/Public domain)

According to new reporting by McClatchy, the five-year investigation led by the U.S. Senate Intelligence Committee into the torture program conducted by the CIA in the aftermath of September 11, 2001 will largely ignore the role played by high-level Bush administration officials, including those on the White House legal team who penned memos that ultimately paved the way for the torture’s authorization.

Though President Obama has repeatedly been criticized for not conducting or allowing a full review of the torture that occured during his predecessor’s tenure, the Senate report—which has been completed, but not released—has repeatedly been cited by lawmakers and the White House as the definitive examination of those policies and practices. According to those with knowledge of the report who spoke with McClatchy, however, the review has quite definite limitations.

The report, one person who was not authorized to discuss it told McClatchy, “does not look at the Bush administration’s lawyers to see if they were trying to literally do an end run around justice and the law.” Instead, the focus is on the actions and inations of the CIA and whether or not they fully informed Congress about those activities. “It’s not about the president,” the person said. “It’s not about criminal liability.”

Responding to comment on the reporting, legal experts and critics of the Bush torture program expressed disappointment that high-level officials in the administration were not part of the review. In addition to the president himself, Vice President Dick Cheney, National Security Advisor Condoleeza Rice and Secretary of Defense Donald Rumsfeld, others considered part of what it sometimes referred to as the “Torture Team,” include: Alberto Gonzales, a former White House counsel and attorney general; David Addington, former vice-president Dick Cheney’s chief of staff; Douglas Feith, who was under-secretary of defence; William Haynes, formerly the Pentagon’s general counsel; and John Yoo and Jay Bybee, who wrote many of the specific legal memos authorizing specific forms of abuse.

“If it’s the case that the report doesn’t really delve into the White House role, then that’s a pretty serious indictment of the report,” Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School, said to McClatchy. “Ideally it should come to some sort of conclusions on whether there were legal violations and if so, who was responsible.”

And Kenneth Roth, executive director of Human Rights Watch, indicated that limiting the report to just the actions of the CIA doesn’t make much sense from a legal or investigative standpoint. “It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction. It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”

As Mclatchy‘s Jonathan S. Landay, Ali Watkins and Marisa Taylor report:

The narrow parameters of the inquiry apparently were structured to secure the support of the committee’s minority Republicans. But the Republicans withdrew only months into the inquiry, and several experts said that the parameters were sufficiently flexible to have allowed an examination of the roles Bush, Cheney and other top administration officials played in a top-secret program that could only have been ordered by the president.

“It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction,” said Kenneth Roth, executive director of Human Rights Watch. “It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”

It’s not as if there wasn’t evidence that Bush and his top national security lieutenants were directly involved in the program’s creation and operation.

The Senate Armed Services Committee concluded in a 2008 report on detainee mistreatment by the Defense Department that Bush opened the way in February 2002 by denying al Qaida and Taliban detainees the protection of an international ban against torture.

White House officials also participated in discussions and reviewed specific CIA interrogation techniques in 2002 and 2003, the public version of the Senate Armed Services Committee report concluded.

Several unofficial accounts published as far back as 2008 offered greater detail.

Cheney and Defense Secretary Donald Rumsfeld relentlessly pressured interrogators to subject detainees to harsh interrogation methods in part to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein, McClatchy reported in April 2009. Such evidence, which was non-existent, would have substantiated one of Bush’s main arguments for invading Iraq in 2003.

Other accounts described how Cheney, Rumsfeld, National Security Adviser Condoleezza Rice, Attorney General John Ashcroft, and Secretary of State Colin Powell approved specific harsh interrogation techniques. George Tenet, then the CIA director, also reportedly updated them on the results.

“Why are we talking about this in the White House? History will not judge this kindly,” Ashcroft said after one of dozens of meetings on the program, ABC News reported in April 2008 in a story about the White House’s direct oversight of interrogations.

News reports also chronicled the involvement of top White House and Justice Department officials in fashioning a legal rationale giving Bush the authority to override U.S. and international laws prohibiting torture. They also helped craft opinions that effectively legalized the CIA’s use of waterboarding, wall-slamming and sleep deprivation.

Though President Obama casually admitted earlier this, “We tortured some folks.” — what most critics and human rights experts have requested is an open and unbiased review of the full spectrum of the U.S. torture program under President Bush. And though increasingly unlikely, calls remain for those responsible for authorizing and conducting the abuse to be held accountable with indictments, trials, and if guilty, jail sentences. In addition, as a letter earlier this year signed by ten victims of the extrajudicial rendition under the Bush administration stated, the concept of full disclosure and accountability is key to restoring the credibility of the nation when it comes to human rights abuses:

Publishing the truth is not just important for the US’s standing in the world. It is a necessary part of correcting America’s own history. Today in America, the architects of the torture program declare on television they did the right thing. High-profile politicians tell assembled Americans that ‘waterboarding’ is a ‘baptism’ that American forces should still engage in.

These statements only breed hatred and intolerance. This is a moment when America can move away from all that, but only if her people are not sheltered from the truth.

As McClatchy notes, a redacted version of the report’s summary—the only part of it expected to be released to the public—continues to be under review. Its release date remains unclear.

More Arrests in Chile, But Still No Justice in the U.S. September 19, 2014

Posted by rogerhollander in Art, Literature and Culture, Chile, Criminal Justice, Latin America.
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September 18th is Chile’s  Independence Day, but for many the month of September is more about the heavy memories of the Chilean coup that happened 41 years ago on September 11th, 1973 and its continued legacy. As you may know, one of the most prominent victims of the military regime is the folk singer and activist Víctor Jara.

Last week, three more soldiers accused of his murder were arrested in Chile and more details about his assassination and murderers have beenrevealed (this article is in Spanish!). Pedro Barrientos, the SOA grad who was last known to reside in Florida and has been accused of pulling the trigger, was not on the list of new arrestees, because so far the U.S. government has not acted on the extradition request issued by the Chilean Supreme Court in 2013. When our allies in Chile are making strides toward justice and accountability, we must not remain on the sidelines.

Take action and demand Barrientos’s extradition to stand trial in Chile HERE!

As you know, our Justice for Víctor Campaign has been central to our work over the last year. In 2013, an SOA Watch delegation held asomber vigil at the gates of a U.S.-funded urban warfare training center and outside the U.S. Embassy in Santiago, Chile on 9/11. In April, we held a Víctor Jara Memorial Forum as part of our 2014 Spring Days of Action to share the undying spirit of Jara’s music. Thanks to you and thousands of SOA Watch activists around the globe, we’ve kept the pressure on the US Department of Justice to do the right thing by extraditing Barrientos to face justice in Chile.

Now, as we oppose yet more war and intervention by the U.S. throughout the world, we must hold the killers of yesteryear to account by demanding justice for Víctor and all the other victims of the Chilean coup! Only when the current power elite see their henchmen publicly disgraced will they think twice about repeating the sins of the past.

Lend your voice to the surging international chorus demanding an end to impunity and calling out: “Justice for Víctor!”

In solidarity as we remember the Chilean 9/11,
The SOA Watch Team

The Oscar Pistorius-Ray Rice Moment September 12, 2014

Posted by rogerhollander in Criminal Justice, South Africa, Sports, Women.
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Hunter-Gault-Rice-Pistorius-690

BY , 12 September 2014, The New Yorker

From the moment that the Oscar Pistorius case began unfolding, with the news, the morning after Valentine’s Day last year, that he had shot and killed his girlfriend, Reeva Steenkamp, there was the small redeeming hope that it could be a teachable moment. The entire world seemed intensely focused on the story. In part, that was because of Pistorius’s celebrity and the physical challenges he overcame—he was born without fibulas, and his feet were amputated below the knee when he was an infant—and the images of Steenkamp, a smiling law-school graduate and model. He claimed that he had mistaken Steenkamp for a burglar, shooting her multiple times through a bathroom door. But, while one man was on trial for murdering his girlfriend, what many believed would be on trial was the horrific epidemic of domestic violence in South Africa and all over the world, including in this country. Even as Pistorius’s trial wound to a close—he was foundguilty of culpable homicide, a charge akin to manslaughter, though he was acquitted of murder—another story involving an athlete was unfolding in the United States: the release of a video showing Ray Rice, a running back for the Baltimore Ravens, punching  his fiancée at the time, now his wife.

Of course, it’s a coincidence that these two cases are in the public eye at the same moment, thousands of miles apart. No, Ray Rice did not kill his fiancée; he knocked her out cold. But, in this country, as in South Africa, the abuse and, yes, the murder of women is beyond horrendous, and most cases go unpunished or, unless the accused is a big guy with big bucks and a big rep, unnoticed. (And many times even then.) Since the Rice revelations, more women in the U.S. have talked publicly about having been abused by their partner—the hashtags #WhyIStayed and #WhyILeft were the labels for many wrenching stories this week. Many had suffered in silence, not speaking about what was happening to them or pursuing justice in the courts. Often—and this is especially true in South Africa, where the justice system and government services to assist women are inadequate, at best—just going to the authorities doesn’t protect women.

In South Africa, according to the civil-society organization Sonke Gender Justice, three women are killed by an “intimate partner” (the term includes current and former relationships) every day. It happens with such frequency that it has a name:  “intimate-partner femicide.” There is also, in South Africa, the scourge of “corrective rape,” in which men believe that raping lesbians and gay men will “cure” them of their sexual orientation. (I wrote about this crisis for The New Yorker.) And yet there are few prosecutions.

In South Africa, many are so frustrated with the lack of justice, especially the rape victims—and, even more, gay rape victims—that they don’t even bother to report abuse.

But the domestic abuse and murder of women is not limited to a single place, whether South Africa or a hotel-casino in Atlantic City. The World Health Organization calls violence against women “a global health problem,” with its most recent statistics showing that thirty-five per cent of women worldwide have been victims of domestic violence, and thirty-eight per cent of murders of women were committed by an intimate partner. Sonke’s executive director, Dean Peacock, said, “Multiple surveys carried out in nearly all regions of the world have found that the strongest factors associated with men’s use of violence against women are social norms that support men’s collective dominance over women.” Peacock added, “Children’s exposure to violence in the home, alcohol abuse, and easy access to guns all contribute to the unsafe environment women and children find themselves in.”

Those social norms take many forms. Recently, the jihadist onslaught in various parts of the world, which aims to put women back in positions of servitude, has played its part, including in the now almost forgotten abduction of more than two hundred schoolgirls in northern Nigeria. Most are still missing.

One question will be whether the mixed official response in the Pistorius and Rice cases advances any meaningful steps being taken to deal effectively with domestic violence and the murder of women. For many, the Pistorius verdict was a disappointment; though he has still been convicted of a serious crime, with the possibility of up to fifteen years in prison, he escaped the most serious consequences. (“This verdict is not justice for Reeva,” her mother, June Steenkamp,said on Friday.) Before the video came out, Rice had only been suspended for two games, even though it was known that he had knocked his fiancée unconscious; he has now been cut from the team and suspended indefinitely. Just how teachable is this Pistorius-Rice moment, at home and globally? There is hope in there, in the sharing of stories and difficult conversations. There is also a long way to go.

  • The Chilling Reason Our Government Wants to Erase These Americans from History July 28, 2014

    Posted by rogerhollander in Civil Liberties, Criminal Justice, Racism, Religion, War on Terror.
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    Most of those held in Communications Management Units, which imprison people linked to terrorist activity, are Muslims.

    July 24, 2014, Molly Crabapple, http://www.alternet.org

    Andy Stepanianis one of the kindest humans I have ever met.

    An activist publicist, Andy draws attention to Americans imprisoned for their beliefs. He is straitlaced and gentle, and the only time he ever declined to buy me dinner was when I offended his veganism by eating chicken fingers. But Andy is also a felon. As one of the SHAC7, he spent three years locked in a cage for urging people to employ militant protest techniques against the animal-testing corporation Huntingdon Life Sciences. He spent his last six months in prison in a Communications Management Unit (CMU).

    CMUs exist to cut off prisoners from the outside world. The prisoners’ every word is recorded. They are strip-searched before and after each visit from loved ones (in case they write messages on their body). Letters are severely restricted; phone calls are limited to two 15-minute calls a week. CMU prisoners may spend decades without hugging their wives or children.

    Like Guantanamo Bay, the CMU is a child of the war on terror. In 2006 and 2008, respectively, the Bureau of Prisons, under the directorship of Harley Lappin, created two secret units: one in Terre Haute, IN, and the other in Marion, IL. The bureau’s stated purpose was “Limited Communication for Terrorist Inmates.” But as at Guantanamo, Muslims were the real targets. Muslims make up roughly 70 percent of the prisoners in CMUs but only 6 percent of the federal prison population. The CMUs are part of a philosophy that makes Muslim synonymous with terrorist, that views “terrorists” as both contagious and superhuman—so dangerous that they must be subject to ultimate control.

    Andy was the rare white CMU prisoner. Guards told him he was there as a “balancer.” CMUs are another reflection of the double standard to which the United States holds Muslims. Acts of speech, travel or association that would be A-OK for a Christian are enough to get a Muslim branded a terrorist.

    Shifa Sadequee, 2014.
    Photo Credit: 
    Molly Crabapple
    Click to enlarge.

    CMU prisoner Shifa Sadequee was kidnapped by U.S. forces in Bangladesh at the age of 19, allegedly tortured and rendered to the United States. He spent three years in solitary awaiting his trial for terrorism. His crimes? He played paintball and took video footage of U.S. monuments. The former activity was labeled “paramilitary training”; the latter, “casing videos” for an attack. The judge sentenced him to 17 years.

    Pharmacist Tarek Mehanna should be called a dissident—but that’s not a label America allows Muslims. A scathing critic of U.S. foreign policy, Mehanna believed Muslims under attack in their own countries had the right to armed self-defense. He translated and subtitled some jihadi materials and briefly traveled to Yemen. Nothing he did would have been looked at askance if he were a Tea Party member speaking about fellow gun enthusiasts. But as a Muslim Mehanna was convicted of material support for terrorism. His sentence? Seventeen years.

    At his sentencing, Mehanna delivered a chilling, eloquent statement about resisting oppression: “In your eyes, I’m a terrorist, I’m the only one standing here in an orange jumpsuit and it’s perfectly reasonable that I be standing here in an orange jumpsuit. But one day, America will change and people will recognize this day for what it is. They will look at how hundreds of thousands of Muslims were killed and maimed by the U.S. military in foreign countries, yet somehow I’m the one going to prison for ‘conspiring to kill and maim’ in those countries…

    “The government says that I was obsessed with violence, obsessed with ‘killing Americans.’ But, as a Muslim living in these times, I can think of a lie no more ironic.”

    Tarek Mehanna, 2014.
    Photo Credit: 
    Molly Crabapple
    Click to enlarge.

    Mehanna is in a CMU for speech. Few American free speech defenders noticed.

    While most Americans were rightly nauseated by the NSA programs revealed by Edward Snowden, they gave less thought to the brutal surveillance that Muslim communities have suffered since 9/11. Mosques, student associations and even restaurants were monitored throughout the country. Informants tried to rope the naive or the mentally ill into expressing support for jihad. If an agent was able to pressure an unstable young man into driving a car or buying some backpacks, he could arrest him for assisting terrorism. The agent would receive professional accolades for making the arrest; the young man, decades in jail. For the untold cash it poured into spying on Muslims, the FBI seldom discovered a plot that it did not concoct itself.

    Shahawar Siraj, 2014.
    Photo Credit: 
    Molly Crabapple
    Click to enlarge.

    CMU prisoner Shahawar Matin Siraj had no explosives or concrete plan of attack, but that did not prevent a judge from sentencing him to 30 years for plotting to bomb New York’s Herald Square. The informant who befriended him, and then goaded him into the plan, was paid $100,000 by the NYPD.

    Imprisonment is erasure. The state locks a person in a cage—without context, without community, without love. He becomes not human but a widget passing through a system of absolute control. The CMU enacts a double erasure: it represents the ultimate scission of the prisoner from his non-prison self. You are in a box. You are no one. You belong to us.

    Andy is working on a documentary about CMUs. He asked me to draw pictures of some prisoners. Drawing is slow, deliberate. It is an antidote to forgetting men the state wants the world to forget.

    One night I worked on a portrait of Ghassan Elashi. A former vice president of an internet company, Elashi was sentenced to 65 years in prison for running the Holy Land Foundation, which was the largest Muslim charity in the United States until the Bush administration shut it down in December 2001. Through charitable organizations in Gaza, Holy Land allegedly funneled money to Hamas, which the United States classifies as a terrorist organization.

    Ghassan Elashi, 2014.
    Photo Credit: 
    Molly Crabapple
    Click to enlarge.

    Andy invited Elashi’s daughter, Noor, to my studio. She brought a photograph of her father. I was unable to draw him from life, as the USP Marion is not easy to visit. The three of us stayed up late into the night, me rendering Noor’s father’s eyes in careful watercolor, Andy filming us as she watched me draw.

    Noor is a stylishly dressed young writer who sidelines as a baker of gluten-free cupcakes. But when she talks about her father, her voice grows cold with pain. She remembers how FBI agents threw him to the floor when they raided their home. She remembers prison guards screaming at her young brother, who has Down syndrome, when he tried to hug his dad (she and her brother were subsequently denied visits for months). She remembers how her father was barred from making phone calls for writing his name on a yoga mat.

    She does not believe for a moment that her father deliberately funneled funds to Hamas.

    Noor’s situation shows how CMUs rip apart not only prisoners’ lives but also the lives of their families and community. Noor is still fighting for her dad.

    In “Counterpunch,” Noor wrote, “My father is my pillar, whose high spirits transcend all barbed-wire-topped fences, whose time in prison did not stifle his passion for human rights.”

    Noor’s words point to one of the war on terror’s most insidious legacies. The war on terror flattened Muslims into bogeymen. They could no longer be troubled young men. Nor could they be political dissidents, heads of charities or defenders of human rights. Dissent was equated with terrorism.

    In making a fetish of the word “freedom,” America revoked the freedom of so many within her borders. Civil liberties defenders must remember that Muslims are not a separate class of people. Attacks on Muslims’ rights are attacks on human rights.

    Three-Fifths of an Attorney General Declares POWs “Non-Persons” July 24, 2014

    Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
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    Roger’s note: Congratulations.  Barak Obama and Eric Holder, with the essential contribution of George Bush, have managed to score a trifecta: a policy and implementation at Guantanamo Bay that is all three, Orwellian, Kafkaesque and Lewis Carroll at the same time.  Torture, indefinite detention, and people who are not persons.  “Execution first, then the trial” shouted the Queen.

    And by the way, the three fifths of a person of African slaves that was in the original constitution is even worse than it appears at face value.  Slaves would have been better off if not considered as persons at all.  The southern states lobbied for three fifths so that their slaves would be counted in the census, which in turn determined their level of representation in the House of Representative.  More slaves on the roll via the three fifths gave the southern state more political clout with which to defend slavery.  Thus, being counted as less than fully human was a double whammy against the slaves.  Kafka would have loved it.

     

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    Protestors gathered in New York City’s Time Square in April of 2013 to raise awareness of detainee hunger strikes and indefinite imprisonment of prisoners in Guantanamo Bay. (Photo: flickr / cc /Jordan P)

     

    Hand it to President Obama for appointing Eric Holder the first African American Attorney General in US history. Then try to fathom that after generations of civil and human rights work by African Americans — whom the US Constitution once called “3/5 of a person” — it is Holder who declared some brown skinned prisoners of war to be “non-persons.” The men are held outside the law by the US at Guantánamo Bay.

    Attorneys for the POWs have asked for an order that would allow group prayers during the holy month of Ramadan, but Holder’s Justice Dept. has formally replied that the men aren’t entitled to relief under the Religious Freedom Restoration Act (RFRA) because the Supreme Court has not found that Guantánamo’s prisoners “are ‘persons’ to whom RFRA applies.”

    Holder calls the men “unprivileged enemy belligerents detained overseas during a period of ongoing hostilities.” Calling them prisoners of war would require respecting their human rights.

    Cori Crider, an attorney with the legal charity Reprieve who represents some of the men, said in a statement, “I fail to see how the President can stand up and claim Guantánamo is a scandal while his lawyers call detainees non-persons in court. If the President is serious about closing this prison, he could start by recognizing that its inmates are people — most of whom have been cleared by his own Government.”

    According to AG Holder, US Appeals Court rulings mean Guantánamo’s POWs — whom he calls “nonresident aliens outside the US sovereign territory” — are “not protected ‘person[s].’” In the infamous Hobby Lobby case Holder argues, the Supreme Court refused to say that the word “‘person’ as used in RFRA includes a nonresident alien outside sovereign United States territory.”

    Even if RFRA applied to the POWs, Holder claims, the law “cannot overcome the judicial presumption against extraterritorial application of statutes.” Translation: US Law doesn’t apply at Gitmo, or, the reason the US isolates non-persons at an off-shore military penal colony in the first place is so we can ignore or violate “statutes” with impunity. And if we convince ourselves that “unprivileged enemy belligerents” are not people, we should be able to sleep even if we violate the US torture statute (18 USC, Sec. 1, Ch. 113C), the Convention Against Torture and the US War Crimes Act (18 USC, Sec. 2441) ¾ for years on end.

    America’s indefinite imprisonment without charges, hunger strikers and force-feeding

    My own jail and prison time, all for political protests, has always come with a clear sentence: six days, 90 days, 180 days; 54 months in all. Anybody who’s been on the inside knows that a release date gives you something fast to hold on to, even if you’re called by a number, fed through a slot, handcuffed for court. But imagine 156 months in a nihilistic “extraterritorial” military prison, with no charges, no trial, no sentence, no visits, phone calls or mail, and no hope.

    This is what the USA imposes at Guantánamo, a torturous psychological vice of legal oblivion and manufactured futurelessness. Add to this appalling construction the fact that 72 of 149 remaining inmates were approved for release more than four years ago — but are chained up anyway. Scores of Gitmo’s inmates have looked into this man-made oblivion and decided to die. They are using the only power they have left, the dreadful hunger-strike, both as a protest against their endless detention without trial and their only means of eventually ending it.

    The US military has chosen to force-feed hunger strikers, gruesomely plunging plastic tubes up the non-persons’ noses. This abuse violates laws against torture, and the force-feeding schedule is the original basis for the religious rights petition so vigorously opposed by Obama and Holder. The ghastly traumatic stress resulting from enduring force-feeding and the regime of its application make Ramadan’s prayerful group reflection impossible. US District Judge Gladys Kessler has, according to Charlie Savage in the New York Times, publicly condemned the abuse for causing “agony.” For PR purposes the Pentagon and Justice Department call the abuse “enteral feeding.”

    Mr. Holder has called “not credible” the prisoners’ complaints about “alleged aspects of enteral feeding” and “allegations that detainees who were being enterally fed were not permitted to pray communally during Ramadan in 2013.” But after the number of hunger strikers reached 106 last year, the military halted its public reporting of the strike.

    Significantly, a Navy medical officer at Guantánamo has become the first prison official known to refuse force-feeding duty. The unidentified nurse’s refusal was acknowledged by the Pentagon July 15.

    If Holder wins his frightening argument denying the humanity of the men at Guantánamo, even the American Society for the Prevention of Cruelty to Animals could object. The ASPCA says its vision is that “the US is a humane community in which all animals are treated with respect and kindness.”

    U.S. Funds “Terror Studies” to Dissect and Neutralize Social Movements June 24, 2014

    Posted by rogerhollander in Civil Liberties, Criminal Justice, Democracy, Occupy Wall Street Movement.
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    Roger’s note: Eisenhower warned of the military industrial complex in his farewell address.  A functional definition of fascism is when the state and the corporate world are largely indistinguishable.  What is discussed in this article is exactly what we say in the brutal repression of the Occupy Wall Street movement at the hands of policing and spying agencies of all three levels of government.

    Tue, 06/17/2014 – 23:19 — Glen Ford

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