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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.

Your Tax Dollars at Work … to Oppress and Kill Our Neighbors to the South September 16, 2014

Posted by rogerhollander in Foreign Policy, Honduras, Human Rights, Latin America.
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Roger’s note: Here is a letter from SOA Watch, the courageous that works day and night to shut down the infamous and murderous School of the Americas (renamed WHINSEC) now at Fort Benning,  Georgia that for decades has indoctrinated and trained military personnel to do the dirty work of oppression and assassination for Latin American dictators and alleged democracies.  The focus of this letter are the atrocities that are taking place on a daily basis perpetrated by the U.S. supported puppet government in Honduras under the leadership of SOA graduates.  Honduras, since the US supported military coup against the elected Zelaya government, has become one of the most violent nations on the face of the earth; and this has created the exodus that is putting so much pressure on the U.S. border.

 

September 13, 2014

My name is Brigitte Gynther and I am the new SOAW Latin America Liaison.  I look forward to getting to know many of you and working together to close the SOA/WHINSEC and demand justice for the murders, repression, disappearances, and so many other crimes carried out by SOA/WHINSEC graduates — both in the past and today.  My first experience with the SOAW movement was traveling down to the gates of Ft. Benning as a student twelve years ago.  Later, I moved to the Florida farmworker town of Immokalee and spent 8 years organizing with religious communities and others to advance the Coalition of Immokalee Workers’ Campaign for Fair Food.  We frequently attended the SOAW Vigil, but little did I imagine that I would later end up spending two years as an SOAW activante in Honduras, documenting the tremendous human rights abuses unleashed upon the country as the result of the 2009 SOA-graduate led coup. 

In fact, I just came back from part of a delegation to Honduras in which SOA graduate Col. German Alfaro — notorious for criminalizing human rights defenders and social movement leaders — attacked the delegation in the media as part of a strategy aimed at silencing those who speak out.  The delegation had traveled to the Lower Aguan Valley to learn about the very real assassinations and human rights violations suffered by the campesino communities.  When the delegation visited the community of La Panama and took testimonies from victims about a violent eviction by the Honduran military involving tear gas, live bullets, one death, two serious injuries, and the beatings of several people, Col. Alfaro lashed out in the press, accusing the delegation of “encouraging campesinos to launch attacks” and said they were investigating the group for “being in a practically restricted area of the country.”  This follows similiar accusations made by Col. Alfaro against Annie Bird of Rights Action – who has extensively documented extrajudicial killings and abuses in the Aguan Valley – and accusations against local human rights defenders and small farmers.  It is part of a dangerous strategy aimed at hiding the reality in the Aguan by intimidating, discrediting, and defaming human rights workers who expose what is going on. Click here to call on the US Embassy in Tegucigalpa to condemn the attacks on national and international human rights observers and journalists who document murders and human rights violations in the Bajo Aguan.  

Just two weeks after the delegation visited the Aguan, the Human Rights Observatory there reported that military forces under the command of another SOA graduate, Col. Rene Jovel Martinez, purposefully destroyed 52 acres of corn that campesinos had cultivated, some of which was almost ready to harvest. This leaves those families without the corn harvest they need to eat for the coming year.  

The delegation finished in Honduras’ capital, where — after telling us about massacre after massacre and murder after murder —  one of the people we met with asked us simply, “Who would want to stay in this country?”  It is a telling question.  Indeed, day after day, people flee the violence in Honduras, heading north to the US.  This exodus is the direct result of the military coup and repression by the US-trained and funded military to impose policies that benefit the ultra-wealthy and multinational corporations at the expense of the majority of the population, corrupting the judicial system to ensure impunity for murders. Governed by the rule of the powerful instead of the rule of law, murders and violence have spiraled out of control.  The US continues funding and training the corrupt Honduran regime, creating more migration. This is why, on November 22nd, the Saturday of the SOAW Vigil Weekend, we will be gathering outside the Stewart Detention Center in Georgia.  Many of those fleeing the violence, repression, and economic devastation of Honduras are now incarcerated at the Stewart Detention Center by the largest private prison corporation in the US.

We will gather at the Stewart Detention Center to protest not only the mistreatment, jailing, and deportations, but also the US policies and military funding that cause so many people to have to leave their homes and migrate to the US in the first place.  We will call on the US to respond to increasing migration not by increasing military aid and funding to corrupt and repressive governments, but by changing US polices — such as free trade agreements — that cause migration.  We will demand the US to stop training so many Latin American military officers at WHINSEC to protect US corporate interests over human rights, resulting in military officers who go on to murder, threaten, and burn corn harvests of poor campesinos.

I hope to meet you at the gates of Ft. Benning and the Stewart Detention Center this November 21-23We will be joined at the Vigil this year by some of the amazing participants from SOAW’s Youth Encuentro this summer, where young leaders on the front lines of struggles across the hemisphere came together to build the SOAW movement.  Together we will remember those who have been massacred, murdered, and disappeared at the hands of SOA graduates and those who are suffering that reality right now.  We will also speak out for the thousands of innocent civilians, children and adults, who flee the reality imposed by SOA graduates and find themselves jailed in the U.S., with our taxpayer money, for extended periods of time for no other crime than doing what many of us would probably do if we found ourselves in their shoes.  

Modeling CIA Torture, ISIS Waterboarded Those It Captured: Report August 30, 2014

Posted by rogerhollander in Human Rights, Torture.
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Roger

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Sources quoted by the Washinton Post say ISIS “knew exactly how it was done” as it employed brutal techniques also approved by Bush administration

Anti-torture demonstrators performed a mock waterboarding outside the White House during the Bush years to protest CIA use of the technique. (Photo: flickr)

The Washington Post reports on Thursday that at least four individuals taken captive by the Islamic State were tortured and that the group—also known as ISIS—appeared to be modeling the CIA’s use of torture as it employed waterboarding as one of the painful techniques they used.

Worldwide condemnation followed revelations that in the aftermath of 9/11, the Bush administration approved the CIA to torture suspected terrorists during interoggations conducted at secret ‘Black Sites’ – or clandestine holding facilities.

Among those subjected to the brutal treatment by ISIS, according to sources quoted in thePost‘s reporting, was American journalist James Foley who was subsequently executed by the group.

From the Post:

“They knew exactly how it was done,” said a person with direct knowledge of what happened to the hostages. The person, who would only discuss the hostages’ experience on condition of anonymity, said the captives, including Foley, were held in Raqqah, a city in the north-central region of Syria.

James Foley was beheaded by the Islamic State last week in apparent retaliation for U.S. airstrikes in Iraq where the militant group has seized large swaths of territory. The group, which also controls parts of Syria, has threatened to kill another American, journalist Steven J. Sotloff. He was seen at the end of a video showing Foley’s killing that was released by the militant group. Two other Americans are also held by Islamic State.

A second person familiar with Foley’s time in captivity confirmed Foley was tortured, including by waterboarding.

“Yes, that is part of the information that bubbled up and Jim was subject to it,” the person said. “I believe he suffered a lot of physical abuse.”

Foley’s mother, Diane, said in a brief phone interview Thursday that she didn’t know her son had been waterboarded.

The FBI, which is investigating Foley’s death and the abduction of Americans in Syria, declined to comment. The CIA had no official comment.

As the Huffington Post‘s Jack Mirkinson points out:

Waterboarding became perhaps the most notorious method of torture practiced by American interrogators in the years after September 11th.

Interestingly, while the Post has, like most mainstream outlets, typically been reluctant to call methods such as waterboarding “torture” when it was practiced by Americans, the paper had no apparent problem calling what ISIS did to Foley “torture.”

“A second person familiar with Foley’s time in captivity confirmed Foley was tortured, including by waterboarding,” the Post wrote.

Still, the paper has not followed the New York Times in vowing to use the word “torture” more firmly in its articles.

One unnamed “U.S. official” quoted by the Post scoffed at the idea that there could be any comparison between the torture conducted by ISIS and the torture conducted by U.S. military or intelligence agents.

“ISIL is a group that routinely crucifies and beheads people,” the unnamed official said. “To suggest that there is any correlation between ISIL’s brutality and past U.S. actions is ridiculous and feeds into their twisted propaganda.”

But early reactions on Twitter were not niave to the implications of the news relative to the consistent and continued defense of torture by U.S. officials—and members of the U.S. media—when it was conducted by the CIA against their perceived enemies:

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Rendition Victims Urge Obama to Declassify Senate Torture Report

‘You must now take responsibility for telling the world — and more importantly the American people — the whole truth about rendition and American torture.’

Abdul Hakim Belhadj, one of the 10 signatories to the rendition letter. (Photo: Libya Herald)

As officials continue to delay the release of the U.S. Senate Intelligence Committee’s report on post-9/11 CIA interrogation techniques, 10 victims of CIA rendition and torture have signed an open letter (pdf) to President Obama asking him to declassify the heavily redacted report.

The 500-page summary of the report, which includes details about secret overseas prisons, waterboarding of suspected enemy combatants, and rendition — the practice of sending a terrorist suspect covertly to be interrogated in a foreign country  — was so extensively redacted as to render it “impossible to understand,” as one critic put it. The report was expected to be released in August, but has been delayed and is currently thought to be sitting on President Obama’s desk while negotiations over declassification continue.

The signatories to the letter want these blackouts removed, in order to force a public reckoning with and official acknowledgement of their experiences.

“Despite living thousands of miles apart and leading different lives today, a shared experience unites us: the CIA abducted each of us in the past and flew us to secret prisons for torture,” reads the letter, which was coordinated by the international human rights group Reprieve. “Some of us were kidnapped with our pregnant wives or children. All of us were later released without charge, redress or apology from the US. We now want the American public to read that story, in full, and without redactions… You must now take responsibility for telling the world — and more importantly the American people — the whole truth about rendition and American torture.”

The letter, which details prolonged confinement in small boxes and dark spaces, waterboarding, sleep deprivation, and “bombardment with noise and weapons,” continues:

Torture, we thought, was something only dictators did. Colonel Gaddafi’s thugs were infamous for maiming and killing political opponents in Libya. In Egypt activists often disappeared. Moroccan interrogation techniques include “bottle torture,” where bottles are used to violate prisoners. We understood the Syrian regime’s brutality well before it murdered thousands of its citizens.

Before our abductions, though, none of us imagined the torturers standing over us one day would come from the United States.

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.

In advance of an August 29 Freedom of Information Act (FOIA) filing deadline, Senate Intelligence Committee chairwoman Dianne Feinstein (D-Calif.) has reportedly asked for an additional one-month delay due to “ongoing negotiations” between the Committee, the Obama administration, and the CIA regarding declassification.

Earlier this week, the ACLU filed a FOIA lawsuit demanding the CIA release all three reports about “its post-9/11 program of rendition, secret detention, and torture of detainees” — the 6,000-page Senate Select Committee Intelligence Committee report; the CIA’s report in response, defending the agency’s actions; and a report commissioned by former CIA  Director Leon Panetta, which is reportedly consistent with the Committee’s investigative report findings, but contradicts the CIA’s response to the SSCI.

The Guardian reports:

While Feinstein and the CIA have reached the nadir of their relationship — the CIA intends to attack her report’s credibility — there are concerns that the CIA has weighed the scale in favor of secrecy. Obama allowed it to lead the declassification review, despite its interest in keeping the report secret. McClatchy reported this week that the main declassification interlocutor with Feinstein, top intelligence lawyer Robert Litt, represented CIA clients in private practice in undisclosed lawsuits.

“We believe the public should know the full story of what took place in the CIA’s secret prisons and that all of these documents – the Senate report, the CIA response, and the Panetta review should be released to the public,” said Jameel Jaffer, the deputy legal director of the ACLU, which filed the freedom-of-information case.

“It’s disappointing that the government is seeking further delay, but, given Senator Feinstein’s assurances, we’re hopeful that all of the documents will be released with very limited redactions in September.”

Canadian Group Delivering Water to Detroit to Protest Shutoffs July 25, 2014

Posted by rogerhollander in Canada, Capitalism, Detroit, Economic Crisis, Human Rights, Poverty, Water.
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Roger’s note: there are trillions of dollars to support thirteen years of warfare in Afghanistan and hundreds of military bases around the world and a stockpile of nuclear weapons capable of destroying the planet a hundred times over; there is money for record profits for banks and financial institutions and millions to bail them out when their crimes lead to economic disaster; there is money to pay CEOs hundreds of millions of dollars in salaries; there are gazillions for war profiteering corporations such as Lockheed and Boeing;  there are three billion dollars a year to arm Israel’s slaughter of Palestinian civilians (I could go on and on) … BUT THERE IS NO MONEY TO PROVIDE WATER TO POOR PEOPLE IN DETROIT.

Some naively and  mistakenly believe that in a democracy you get the government you deserve.  Yes, just as Palestinian children deserve to be murdered because their parents voted for Hamas.  It is a perverse world we live in.  In CAPITALIST democracy, you do not get the government you deserve; rather you get war and poverty.  But, don’t listen to me, I am an unrepentant commie.

 

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Council of Canadians joins movement against city-wide water war

As Detroit activists and human rights groups continue to protest against widespread water shutoffs, the Council of Canadians mobilized on Thursday to deliver a  convoy of water in a show of international support to beleaguered city residents.

The Windsor chapter of the council will bring hundreds of gallons of water into Detroit to help those faced with long-term service shutoffs.

“In a region that holds 20% of the world’s freshwater, the water cut-offs are a source of growing international outrage,” said Maude Barlow, national chairperson for the Council of Canadians. “Water is a human right, and it is unacceptable in a country of plenty, surrounded by the Great Lakes, the largest source of fresh water in the world, that people should go without.”

The council plans to deliver their convoy to a rally Thursday afternoon at the St. Peter’s Episcopal Church of Detroit. Several organizers will also send a petition to City Hall, asking for water to be restored to elderly people, disabled people and families with children.

“The human suffering is that of a major disaster, one that grows every day,” Barlow stated, adding that the council asks President Barack Obama to “intervene and to declare a state of emergency. It is appalling that this has been allowed to happen, even more so to go on this long.”

The city, which has been fighting its way out of bankruptcy in part by cutting public services such as pensions and welfare, ceased its water supply three months ago to households that were behind on payments in order to collect about $118 million in outstanding bills. Council members recently agreed to a 15-day moratorium on the shutoffs to allow residents time to catch up on what they owe, but emphasized that it was temporary. The policy began to receive international attention as residents held rallies and mass protests and the United Nations declared the shutoffs a violation of human rights.

More than 14,000 households were disconnected between April and June, while the Detroit Water and Sewage Department (DWSD) announced plans to increase the shutoffs to up to 3,000 households a month. But according to Catarina de Albuquerque, UN expert on the human right to water and sanitation, disconnections for delinquent bills are only “permissible” if residents are simply choosing not to pay, which is not the case for the majority of the city’s low-income households.

“Disconnections due to non-payment are only permissible if it can be shown that the resident is able to pay but is not paying,” de Albuquerque said. “In other words, when there is genuine inability to pay, human rights simply forbids disconnections.”

Detroit’s cost of living is too high for many of its low-income residents, particularly as they take the brunt of service cuts decided on by their bankruptcy manager, Kevyn Orr. “Our water rates rise continuously,” Priscilla Dziubek, a spokesperson for the Detroit People’s Water Board, told Common Dreams. “More and more people are struggling with their water bills. We have a loss of democracy. [The city] should make decisions with the citizens of Detroit in mind.”

Water bills in Detroit have gone up by 119 percent in the past 10 years. In June, the city council approved an 8.7 percent increase in rates. At the same time, unemployment rates reached a record high and the poverty rate hit 40 percent. Orr ordered the shutoffs for anyone who owes more than $150 on their bill, while the DWSD said that the procedure is standard and enforced every year.

But as the Michigan Citizen pointed out in June, there is a notable discrepancy in who gets their water services turned off and who doesn’t: Low-income residents do while elite establishments — like the Palmer Park Golf Club, which owes $200,000; Ford Field, which owes $55,000; and the Joe Louis Arena, which owes $80,000,  — don’t.

“Why are they going after citizens?” Dziubek said. “They could collect from one of these large accounts and get a lot more money.”

The Detroit People’s Water Board and several other organizations, including Food & Water Watch, called on the city’s managers to implement a water affordability plan that would ease the burden on low-income residents. In a report (PDF) submitted to the special rapporteur on the human right to safe drinking water and sanitation, the Detroit People’s Water Board stated that “it would be more just and efficient for the DWSD to spend its resources collecting unpaid bills from commercial and industrial users than depriving households of basic services.”

Wenonah Hauter, executive director of Food & Water Watch, said in a press statement Monday that the DWSD should “fundamentally reconsider its use of draconian water shutoffs as a means of strong-arming residents who cannot afford to pay their water bills.”

It was unclear Thursday morning whether the council would be able to cross the border, as the U.S. government has to give approval on allowing in any amount of water that exceeds what is necessary for “personal use.”

Dziubek wasn’t worried. “I can’t see any reason why humanitarian water would be turned away,” she said.

 

 

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.”

Nurse Refuses Navy’s Force-Feeding of Gitmo Prisoners July 16, 2014

Posted by rogerhollander in Health, Human Rights.
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Roger’s note: The principle that states that one has the right to refuse an illegal order becomes null and void when, as is the case here, war crimes and crimes against humanity are being committed at the highest level of government, i.e. the presidency.  It takes a brave individual to resist under these conditions.  Severest example: Chelsea (formerly Bradley) Manning is condemned to 35 years in prison for exposing Bush/Obama war crimes in Iraq.

 

“This is a historic stand by this nurse, who recognized the basic humanity of the detainees and the inhumanity of what he was being asked to do.”

- Sarah Lazare, staff writer

Guantanamo force feeding paraphernalia. (Photo: Wikimedia / Creative Commons)

force-feeding

image

A nurse in the U.S. Navy has refused to participate in the force-feeding of hunger striking detainees in what is the first widely-reported act of defiance on ethical grounds by a U.S. military service member at this offshore prison.

“This is a historic stand by this nurse, who recognized the basic humanity of the detainees and the inhumanity of what he was being asked to do,” said Cori Crider, a lawyer for UK-based charity Reprieve—which refers to the refusal as ‘conscientious objection.’ Crider learned of the act of refusal in a July 10 phone call with Abu Wa’el Dhiab—a Syrian man currently detained in Guantánamo Bay—and the news broke to the media on Tuesday.

The unidentified nurse told Dhiab, “I have come to the decision that I refuse to participate in this criminal act,” according to a press statement from Reprieve. “Before we came here, we were told a different story,” the nurse added. “The story we were told was completely the opposite of what I saw.”

Journalist Carol Rosenberg received confirmation from Navy Capt. Tom Gresback that “there was a recent instance of a medical provider not willing to carry out the enteral feeding of a detainee.”

It is not clear what repurcussions await the nurse, who is described by Dhiab as an approximately 40 year-old Latino man who may be a captain, according to Rosenberg. Col. Greg Julian, a spokesman for the command that oversees Guantánamo, also confirmed the refusal to the Guardian, stating, “It’s being handled administratively.” Dhiab says he has not seen the nurse since the act of refusal.

According to Dhiab, the Navy nurse is not alone: numerous other medical professionals have stated their ethical objections to the force feedings but express fear of retaliation and punishment if they refuse.

Maggie Martin, an organizer with Iraq Veterans Against the War, told Common Dreams, “People have been standing up as conscientious objectors throughout history including the current conflicts, but unfortunately I never heard those stories while I was in the military.”

She added, “It is heartening to see a service member refuse immoral orders.”

Mass hunger strikes at Guantánamo Bay have been met with force-feedings, which have been condemned as torture and a violation of international law by the United Nations human rights office and denounced as unethical by medical ethicists. The painful insertion of tubes and pumping of food, as well as threat of stomach damage and asphyxiation, has been comparedto water-boarding, itself a form of torture.

Mr. Dhiab, who remains detained despite being cleared for release in 2010, is currently challenging the practice of force-feedings in the courts and recently won the disclosure of videotapes recording the practice.

Currently 149 men remain detained at Guantánamo Bay, despite the fact that the vast majority of them have been cleared for release. It is not known how many of them are currently on hunger strike or face force feedings after the U.S. imposed a media blackout on reports of the peaceful protests late last year.

_____________________

Sderot Cinema: Israelis Watch Gaza Bombing For Just Good Fun July 15, 2014

Posted by rogerhollander in Human Rights, Israel, Gaza & Middle East, War.
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Roger’s note: “War is Peace,” George Orwell

Murder as public spectacle

 

tease_sderot_orig_bsicixqcqaat17z

 

by Abby Zimet

Three Palestinian brothers mourn their parents

Ever-enterprising Israelis dragged plastic chairs and sofas up to a Sderot hill to eat popcorn, smoke hookahs and cheer when explosions lit up the night sky over Gaza in a photo posted by Danish reporter Allan Sørensen with the caption, “Clapping when blasts are heard.” Afollow-up story in Kristeligt Dagblad said over 50 Israelis had transformed the hill, dubbed the Hill of Shame in an earlier war, into “something that most closely resembles the front row of a reality war theater.” The photo has caused outrage online, where commenters have blasted “the morality of a people so skewed that murder is a public spectacle.” Spectatorssay they were there to “look at Israel creating peace” and “see Israel destroy Hamas.” They inexplicably fail to mention the part about burning children. Oh Israel, what have youwrought?

Burial of a four-year-old

 

 

Israel Is Captive to Its ‘Destructive Process’ July 15, 2014

Posted by rogerhollander in Egypt, Human Rights, Israel, Gaza & Middle East.
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ROGER’S NOTE: HERE ARE A FEW ARTICLES ON THE CURRENT SITUATION IN THE MIDDLE EAST WITH A PERSPECTIVE YOU ARE NOT LIKELY TO FIND IN THE MAINSTREAM MEDIA.

Smoke and flames are seen following what police said was an Israeli air strike in Rafah in the southern Gaza Strip, 8 July. (Eyad Al Baba / APA images)

Raul Hilberg in his monumental work “The Destruction of the European Jews” chronicled a process of repression that at first was “relatively mild” but led, step by step, to the Holocaust. It started with legal discrimination and ended with mass murder. “The destructive process was a development that was begun with caution and ended without restraint,” Hilberg wrote.

The Palestinians over the past few decades have endured a similar “destructive process.” They have gradually been stripped of basic civil liberties, robbed of assets including much of their land and often their homes, have suffered from mounting restrictions on their physical movements, been blocked from trading and business, especially the selling of produce, and found themselves increasingly impoverished and finally trapped behind walls and security fences erected around Gaza and the West Bank.

“The process of destruction [of the European Jews] unfolded in a definite pattern,” Hilberg wrote. “It did not, however, proceed from a basic plan. No bureaucrat in 1933 could have predicted what kind of measures would be taken in 1938, nor was it possible in 1938 to foretell the configuration of the undertaking in 1942. The destructive process was a step-by-step operation, and the administrator could seldom see more than one step ahead.”

There will never be transports or extermination camps for the Palestinians, but amid increasing violence against Palestinians larger and larger numbers of them will die, in airstrikes, targeted assassinations and other armed attacks. Hunger and misery will expand. Israeli demands for “transfer”—the forced expulsion of Palestinians from occupied territory to neighboring countries—will grow.

The Palestinians in Gaza live in conditions that now replicate those first imposed on Jews by the Nazis in the ghettos set up throughout Eastern Europe. Palestinians cannot enter or leave Gaza. They are chronically short of food—the World Health Organization estimates that more than 50 percent of children in Gaza and the West Bank under 2 years old have iron deficiency anemia and reports that malnutrition and stunting in children under 5 are “not improving” and could actually be worsening. Palestinians often lack clean water. They are crammed into unsanitary hovels. They do not have access to basic medical care. They are stateless and lack passports or travel documents. There is massive unemployment. They are daily dehumanized in racist diatribes by their occupiers as criminals, terrorists and mortal enemies of the Jewish people.

“A deep and wide moral abyss separates us from our enemies,” Israeli Prime Minister Benjamin Netanyahu said recently of the Palestinians. “They sanctify death while we sanctify life. They sanctify cruelty while we sanctify compassion.”

Ayelet Shaked, a member of the right-wing Jewish Home Party, on her Facebook page June 30 posted an article written 12 years ago by the late Uri Elitzur, a leader in the settler movement and a onetime adviser to Netanyahu, saying the essay is as “relevant today as it was then.” The article said in part: “They [the Palestinians] are all enemy combatants, and their blood shall be on all their heads. Now this also includes the mothers of the martyrs, who send them to hell with flowers and kisses. They should follow their sons, nothing would be more just. They should go, as should the physical homes in which they raised the snakes. Otherwise, more little snakes will be raised there.”

The belief that a race or class of people is contaminated is used by ruling elites to justify quarantining the people of that group. But quarantine is only the first step. The despised group can never be redeemed or cured—Hannah Arendt noted that all racists see such contamination as something that can never be eradicated. The fear of the other is stoked by racist leaders such as Netanyahu to create a permanent instability. This instability is exploited by a corrupt power elite that is also seeking the destruction of democratic civil society for all citizens—the goal of the Israeli government (as well as the goal of a U.S. government intent on stripping its own citizens of rights). Max Blumenthal in his book“Goliath: Life and Loathing in Greater Israel” does a masterful job of capturing and dissecting this frightening devolution within Israel.

The last time Israel mounted a Gaza military assault as severe as the current series of attacks was in 2008, with Operation Cast Lead, which lasted from Dec. 27 of that year to Jan. 18, 2009. That attack saw 1,455 Palestinians killed, including 333 children. Roughly 5,000 more Palestinians were injured. A new major ground incursion, which would be designed to punish the Palestinians with even greater ferocity, would cause a far bigger death toll than Operation Cast Lead did. The cycle of escalating violence, this “destructive process,” as the history of the conflict has illustrated, would continue at an accelerating rate.

The late Yeshayahu Leibowitz, one of Israel’s most brilliant scholars, warned that, followed to its logical conclusion, the occupation of the Palestinians would mean “concentration camps would be erected by the Israeli rulers” and “Israel would not deserve to exist, and it will not be worthwhile to preserve it.” He feared the ascendancy of right-wing, religious Jewish nationalists and warned that “religious nationalism is to religion what National Socialism was to socialism.” Leibowitz laid out what occupation would finally bring for Israel:

The Arabs would be the working people and the Jews the administrators, inspectors, officials, and police—mainly secret police. A state ruling a hostile population of 1.5 to 2 million foreigners would necessarily become a secret-police state, with all that this implies for education, free speech and democratic institutions. The corruption characteristic of every colonial regime would also prevail in the State of Israel. The administration would suppress Arab insurgency on the one hand and acquire Arab Quislings on the other. There is also good reason to fear that the Israel Defense Force, which has been until now a people’s army, would, as a result of being transformed into an army of occupation, degenerate, and its commanders, who will have become military governors, resemble their colleagues in other nations.

Israel is currently attacking a population of 1.8 million that has no army, no navy, no air force, no mechanized military units, no command and control and no heavy artillery. Israel pretends that this indiscriminate slaughter is a war. But only the most self-deluded supporter of Israel is fooled. The rockets fired at Israel by Hamas—which is committing a war crime by launching those missiles against the Israeli population—are not remotely comparable to the 1,000-pound iron fragmentation bombs that have been dropped in large numbers on crowded Palestinian neighborhoods; the forced removal of some 300,000 Palestinians from their homes; the more than 160 reported dead—the U.N. estimates that 77 percent of those killedin Gaza have been civilians; the destruction of the basic infrastructure; the growing food and water shortages; and the massing of military forces for a possible major ground assault.

When all this does not work, when it becomes clear that the Palestinians once again have not become dormant and passive, Israel will take another step, more radical than the last. The “process of destruction” will be stopped only from outside Israel. Israel, captive to the process, is incapable of imposing self-restraint.

A mass movement demanding boycotts, divestment and sanctions is the only hope now for the Palestinian people. Such a movement must work for imposition of an arms embargo on Israel; this is especially important for Americans because weapons systems and attack aircraft provided by the U.S. are being used to carry out the assault. It must press within the United States for cutoff of the $3.1 billion in military aid that the U.S. gives to Israel each year. It must organize to demand suspension of all free trade and other agreements between the U.S. and Israel. Only when these props are knocked out from under Israel will the Israeli leadership be forced, as was the apartheid regime in South Africa, to halt its “destructive process.” As long as these props remain, the Palestinians are doomed. If we fail to act we are complicit in the slaughter.

U.S. Deports Honduran Children In First Flight Since Obama’s Pledge July 15, 2014

Posted by rogerhollander in El Salvador, Guatemala, Honduras, Human Rights, Immigration, Latin America, Racism.
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Roger’s note: what the mainstream media in its news and analyses universally fail to note is that the root cause of the migration from Central America lies in the actions and policies of the U.S. government over the years that have supported repressive business oriented governments controlled by oligarchic elites.  In particular the Obama/Hillary Clinton policies in support of the military coup in Honduras have resulted in Honduras being perhaps the most violent country on the face of the globe.  The lucrative drug trade and the attendant violence is a symptom of US directed imperial military supported corporatism,  and not the fundamental cause of the massive migration.  As for the costs of implementing a humanitarian policy of dealing with children refugees, a fraction of the dollars spent on the illegal wars in the Middle East, North Africa and Afghanistan would be sufficient.  That the U.S. government at the direction of a president who is both heartless and gutless, is sending Honduran mothers and their children back to the most violent city in the world, that while in custody these mothers and children are treated like animals,  is beyond disgusting.  That the commonly held perceived solution is increased border security and  deportation is not only an example of tunnel vision, but a head in the sand approach to a problem that the US government has created, and along with corporate media and both political parties, refuses to acknowledge.  Imperialism and xenophobia go hand in hand.

Immigration Overload Hot Spot

Posted: 07/14/2014 9:09 pm EDT 

SAN PEDRO SULA, Honduras, July 14 (Reuters) – The United States deported a group of Honduran children as young as 1-1/2 years old on Monday in the first flight since President Barack Obama pledged to speed up the process of sending back undocumented immigrant minors from Central America.

Fleeing violence and poverty, record numbers of children from Honduras, El Salvador and Guatemala have crossed into the United States over the past year, testing U.S. border facilities and sparking intense debate about how to solve the problem.

Monday’s charter flight from New Mexico to San Pedro Sula, the city with the highest murder rate in the world, returned 17 Honduran women, as well as 12 girls and nine boys, aged between 18 months and 15 years, the Honduran government said.

Looking happy, the deported children exited the airport on an overcast and sweltering afternoon. One by one, they filed into a bus, playing with balloons they had been given.

Nubia, a 6-year-old girl among the deportees, said she left Honduras a month ago for a journey that ended when she and her mother were caught on the Mexico-Texas border two weeks later.

“Horrible, cold and tiring,” was how Nubia remembered the trip that was meant to unite the pair with her three uncles already living in the United States.

Instead, her mother Dalia paid $7,000 in vain to a coyote, or guide, to smuggle them both across the border.

Once caught, U.S. officials treated them like “animals”, holding them in rooms with as many as 50 people, where some mothers had to sleep standing up holding children, Dalia said.

During the eight months ended June 15, some 52,000 children were detained at the U.S. border with Mexico, most of them from Central America. That was double the previous year’s tally and tens of thousands more are believed to have slipped through.

So chaotic are the circumstances of the exodus that some of the children are not even correctly reunited with their parents, said Valdette Willeman, director of the Center for Attention for Returned Migrants in Honduras.

“Many of the mothers are sometimes not even the real mothers of the children,” she said.

DRUG DEBATE

Monday’s flight departed as Obama faces increasing pressure to address the surge of unaccompanied minors.

Immigrant advocates urge him to address the humanitarian needs of the migrants. At the same time, Republicans in Congress have blamed the crisis on Obama’s immigration policies and have called on him to secure the border.

Obama’s administration has stressed that Central American children who cross the border illegally will be sent home, and last week said it would speed up the deportation process.

Honduras, El Salvador and Guatemala have suffered from gang violence and incursions from Mexican drug cartels using the region as a staging post for their trafficking operations.

Honduran President Juan Hernandez, in an interview published on Monday, blamed U.S. drug policy for sparking violence and ramping up migration to the United States. His wife urged the United States to do more to help.

“The countries consuming drugs need to support (us) and take joint responsibility because if there wasn’t demand, there wouldn’t be production and we wouldn’t be living like we are,” Ana Garcia de Hernandez said as she awaited the children.

Obama’s administration has projected that without government action, more than 150,000 unaccompanied children under the age of 18 could flee the three Central American nations next year.

The proposed actions will test Obama’s ability to negotiate effectively with Republican lawmakers who have blocked much of his agenda ahead of a November election when they hope to capture the U.S. Senate from his Democratic Party. (Additional reporting by Gustavo Palencia in San Pedro Sula and Julia Edwards in Washington; Writing by Dave Graham; Editing by Dan Grebler and Lisa Shumaker)

Fried Chicken with a Side of Homophobia June 8, 2014

Posted by rogerhollander in Human Rights, LGBT, Right Wing, Uncategorized.
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Would you like your fried chicken with a side of homophobia? That’s what’s on offer at the Calgary International Airport, where notoriously anti-gay restaurant Chick-fil-A has just opened its first Canadian branch.

The fervently Christian American company donated nearly $2 million to anti-gay organizations in 2010, with a particular focus on lobbying against equal marriage. In 2012 its CEO Dan T. Cathy owned up to being ‘guilty as charged’. He openly condemned those who “have the audacity to define what marriage is about,” saying they were “inviting God’s judgment on our nation.”

Chick-fil-A has been beset with boycotts and protests ever since, but this hasn’t stopped it planning to expand into 108 new locations this year – including Canada.

Tell Chick-fil-A: we don’t want your bigoted views here. Please stay out of Canada.  http://action.sumofus.org/a/canada-chick-fil-a/?akid=5589.1024433.toTN4K&rd=1&sub=fwd&t=2

The fast-food giant is one of the largest privately-held restaurant chains in the US, but its public image took a nose-dive in 2012 with revelations about its anti-gay stance. Since then, some new US branches have been prevented from opening, and one was removed from the University of Atlanta campus after opposition from students.

We can do the same in Canada. The Calgary branch opened quietly with almost no publicity. Reporters who did cover the launch were told not to ask customers about the restaurant’s anti-gay reputation. Chick-fil-A is clearly worried about a backlash. So let’s give it one!

Sign the petition to show Chick-fil-A that homophobia is not welcome in Canada.

Thank you for standing up for equal rights for everyone,

Angus, Hanna, Jon, and the rest of the team at SumOfUs

 

SumOfUs is a worldwide movement of people like you, working together to hold corporations accountable for their actions and forge a new, sustainable path for our global economy.

**********
More information:

http://www.calgaryherald.com/news/calgary/fast+food+chain+Chick+opens+Canadian+franchise+talks+down+marriage+controversy/9886274/story.html

http://www.huffingtonpost.ca/2014/05/29/chick-fil-a-canada-calgary-airport_n_5411263.html

 

 

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