Posted by rogerhollander in Human Rights, Iraq and Afghanistan, Torture, War, Women.
Tags: al-Maliki, andrea germanos, human rights, illegal detention, Iraq, Iraq invasion, Iraq war, iraqi women, rape, roger hollander, torture, violence against women, women
Roger’s note: A US invasion of your country to bring prosperity and democracy is a gift that keeps giving. Iraqi security forces, trained by Americans, have learned to treat women the way that we do in order to earn their confidence and respect. Of course Iraq continues to be plagued by sectarian violence and the destruction of their infrastructure, which for some reason that no one can understand, has not been reconstructed despite the lucrative contracts given on a no-bid basis to American corporations. A real mystery.
Many analysts believe that Iraqi women were better off under Saddam (as brutal as his regime was in other respects). This report tends to support that conclusion.
Published on Thursday, February 6, 2014 by Common Dreams
“The abuses of women we documented are in many ways at the heart of the current crisis in Iraq.”
- Andrea Germanos, staff writer
Iraqi security forces are illegally detaining thousands of women, subjecting many to torture, abuse, rape, and forcing them into confessions, according to a new report from Human Rights Watch.
“The abuses of women we documented are in many ways at the heart of the current crisis in Iraq,” says Joe Stork of Human Rights Watch. (Photo: James Gordon/cc/flickr)
In ‘No One Is Safe’: Abuses of Women in Iraq’s Criminal Justice System, HRW reveals a pattern of systemic abuse within a failed judicial system characterized by corruption.
The report estimates that over 1,100 women are detained, often without a warrant, in Iraqi prisons or detention facilities. Frequently, the women are arrested not for their won alleged actions but for those of a male relative.
Sexual abuse during interrogations of women is so common that Um Aqil, an employee at a women’s prison facility, told HRW, “[W]e expect that they’ve been raped by police on the way to the prison.”
On top of rape, many arrested women are subjected to electric shocks, beatings, burnings, being hung upside down and foot whipping (falaqa). Following the torture the women may be forced to sign a blank confession paper or one that they are unable to read.
In the video below published by HRW, one woman reveals her story of abuse:
The report authors write that the failed criminal justice system revealed in the report shows that “Prime Minister al-Maliki’s government has so far failed to eliminate many of the abusive practices that Saddam Hussein institutionalized and United States-led Coalition Forces continued.”
“The abuses of women we documented are in many ways at the heart of the current crisis in Iraq,” adds Joe Stork, deputy Middle East and North Africa director at Human Rights Watch, in a statement from the organization. “These abuses have caused a deep-seated anger and lack of trust between Iraq’s diverse communities and security forces, and all Iraqis are paying the price.”
If I recall correctly, things were better for women during Sadam’s regime because he kept the pseudo-religious predators mashed flat.
You recall correctly.
Despite all his dictatorial and excessive practices, during the regime of Saddam Hussein, many women played important roles in all facets of Iraqi society (except in the fundamentalist religious groups).
Also religious sectarianism became muted and people of different religions intermingled, lived together and inter-married frequently creating new Iraqi citizens who recognized the nation, rather than a tribe or sect as their central organizing principle.
It is ironic (and instructive) that only after it became apparent that his allies in the West were going to terminate Saddam Hussein did he revert to the worst forms of tribalism and adopted the language of religious fundamentalism.
The lesson is simple and obvious: despite the fact that Saddam Hussein was a brutal dictator, the nation of Iraq was internally strengthening as a nation and eventually the Iraqi people would have ended the dictatorship in their own ways.
Of course the West could not allow that because it would be a threat to the hegemony of Israel (the forward operations base for US/EURO governments and corporations0 and the control of Iraqi oil.
And of course Iraqi women and children pay the highest costs for the Western-created insanity.
one Big Mistake there tom. It was not the West that could not allow that, it was what your President called the “Coalition of the Willing”. It consisted of the U.S., the Brits, the Aussies, Spain and a couple of other bit players. It did not include Canada, France, Germany, Belgium, Scandinavian countries and a host of others. Iraq invasion was NOT sanctioned by the U.N. or NATO. Don’t get confused with UN, NATO sanctioned mission to go after you might remember who in Afghanistan. Too many Americans forget this.
With his Iraq lies and decision, Bush brought world support for reprisal against Bin Ladden for 9-11 attacks to majority of world identifying U.S. as biggest threat there is to world peace. A distinction the U.S. still holds. Other than lining the pockets of his Corporate friends, creating the world’s biggest private run army (Blackwater), making a mockery of international law and human rights, and destroying democracy everywhere, etc. U.S. public voted him back into Office for a 2nd term and today let’s him sleep in peace making more money on the rubber chicken circuit.
The terrible dictator was one of the friends of G.H.W.Bush for 8 years until he refused an order. Bush enticed him to invade Kuwait then told him to get his butt out, ..if you remember the headlines in the paper. The reason being Bush expected Kuwait to be thankful to him, he intended to bring down the Kuwait monarcy, and have the right to put in the oil pipe line… It backfired.
The reason Bush Sr. did all he could to have his son made president, to illegally invade Iraq out of revenge.
Yes I read Riverbend’s book some years back and she said women could wear makeup and dresses, hold civil servant jobs, did not have to cover their heads, and could tell the religious fruitcakes who stopped them on the street to eff off and there wasn’t a thing they could do about it.
Now of course…not.
You must be wrong, because everywhere the US militarily intervenes, part of the rationale is to help women.
Iraq was better off than before the illegal invasion, and in fact the Middle East has become worse off. Our troops are sent not knowing they are not freeing people but giving the oil companies the freedom to contol the resourses of other countries. …and the innocent suffer.
I read the official military history of SOG…special operations group…a program designed to infiltrate spys and saboteurs into North Vietnam. The incompetent manner in which the program was run by US Special Forces resulted in 100% of the participating South Vietnamese recruits being killed or captured (and then killed). Upon hearing of the miserable performance of the program one ranking general said we might as well skip all the training, save a few bucks, take them out back and shoot them ourselves. This is what it means to be a “friend” of the US. Much better to be our enemy…at least then one has a fighting chance. Those we “care” about are on the short end of the stick. Look at what a wonderful job we have done in Iraq. I think we surpassed the number of Iraqis killed by Saddam long ago. Our own govt. kills more Americans through various policies than the 911 terrorists could ever dream of.
The best way towards religious fundamentalism is to suppress and destroy all the more advanced and complex ideologies by force. This is a direct result of Western persecution of every even remotely left-wing movement and unifying ideology, especially Communism. It is possible – and even easy – to destroy the more complex stuff. It is almost impossible to destroy religion.
good comments below. the only thing to add is an action plan.
the reasons are obvious. only the plan remains to be implemented.
the longer the status quo has to improve their machinery of suppression and their technology of spying the more difficult the change will be. talk is cheap. time for everybody, all at once,
to work together to “throw the bums out”. no more 2 party system.
vote 3rd / 4th parties if possible or don’t vote and tell anyone who will listen why.
There were international interests, notably in energy and banking. Britain holds a large share of the blame as well.
“The Iraq war provides a good example. Until November 2000, no OPEC country had dared to violate the US dollar-pricing rule, and while the US dollar remained the strongest currency in the world there was also little reason to challenge the system. But in late 2000, France and a few other EU members convinced Saddam Hussein to defy the petrodollar process and sell Iraq’s oil for food in euros, not dollars.”
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Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, Torture.
Tags: army field manual, bagram, detainees, Guantanamo, human rights, jeffrey kaye, obama administration, roger hollander, sensory deprivation, sleep deprivation, solitary confinement, torture
Roger’s note: we live in two different worlds, the world of illusionary rhetoric (from presidents and other political prostitutes, the mass media, etc.) and the world of reality. Most of us who are middle class and/or live in a first world industrial nation live in the former fantasy world. The vast majority of the rest of the world (third world non elites, victims of American military activities including drone missiles and corporate tyranny, etc.) live in reality. Obama says torture is no more and the vast majority of Americans believe this lie; the thousands who continue to suffer under the continued regime of torture know better, they know the reality. We live with the illusion that the United States is a civilized nation living according to Christian principles. The reality is that that kindly articulate former community organizer, with his elegant wife and pleasant well-dressed children, oversees a nation whose barbarity more and more knows no limits.
Published on Sunday, January 26, 2014 by The Guardian
The Obama administration has replaced the use of brutal torture techniques with those that emphasize psychological torture
The United States Army Field Manual (AFM) on interrogation (pdf) has been sold to the American public and the world as a replacement for the brutal torture tactics used by the CIA and the Department of Defense during the Bush/Cheney administration.
(Photo: Futureatlas.com/ cc via Flickr)
On 22 January 2009, President Obama released an executive orderstating that any individual held by any US government agency “shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3.”
But a close reading of Department of Defense documents and investigations by numerous human rights agencies have shown that the current Army Field Manual itself uses techniques that are abusive and can even amount to torture.
Disturbingly, the latest version of the AFM mimicked the Bush administration in separating out “war on terror” prisoners as not subject to the same protections and rights as regular prisoners of war. Military authorities then added an appendix to the AFM that included techniques that could only be used on such “detainees”, ie, prisoners without POW status.
Labeled Appendix M, and propounding an additional, special “technique” called “Separation”,human rights and legal group have recognized that Appendix M includes numerous abusive techniques, including use of solitary confinement, sleep deprivation and sensory deprivation.
According to Appendix M, sleep can be limited to four hours per day for up to 30 days, and even more with approval. The same is true for use of isolation. Theoretically, sleep deprivation and solitary confinement could be extended indefinitely.
According to a 2003 US Southern Command instruction (pdf) to then-Secretary of Defense Donald Rumsfeld, sleep deprivation was defined “as keeping a detainee awake for more than 16 hours”. Only three years later, when a new version of the AFM was introduced, detainees were expected to stay awake for 20 hours. Meanwhile, language in the previous AFM forbidding both sleep deprivation and use of stress positions was quietly removed from the current manual.
The use of isolation as a torture technique has a long history. According to a classic psychiatric paper (pdf) on the psychological effects of isolation (aka solitary confinement), such treatment on prisoners can “cause severe psychiatric harm”, producing “an agitated confusional state which, in more severe cases, had the characteristics of a florid delirium, characterized by severe confusional, paranoid, and hallucinatory features, and also by intense agitation and random, impulsive, often self-directed violence.”
The application of the Appendix M techniques – which are considered risky enough to require the presence of a physician – are supposed to be combined with other “approaches” culled from the main text of the field manual, including techniques such as “Fear Up” and “Emotional Ego Down”. In fact, at the end of Appendix M, a combined use of its techniques with other approaches, specifically “Futility”, “Incentive”, and “Fear Up”, is suggested.
While “Fear Up” and “Incentive” approaches act somewhat like what they sound – using fear and promises to gain the “cooperation” of a prisoner under interrogation – “Futility” has a vague goal of imparting to a prisoner, according to the AFM, the notion that “resistance to questioning is futile”.
According to the manual:
This engenders a feeling of hopelessness and helplessness on the part of the source.
A review of documents released under FOIA (the Freedom of Information Act) shows that use of the “Futility” approach in the AFM was the rationale behind the use of loud music, strobe lights, and sexualized assaults and embarrassment on prisoners. The “Futility” technique pre-dates the introduction of the current Army Field Manual, which is numbered 2-22.3 and introduced in September 2006. In fact, the earlier AFM, labeled 35-52 (pdf), was the basis of numerous accusations of documented abuse.
In the executive summary of the 2005 Department of Defense’s Schimdt-Furlow investigation into alleged abuse of Guantanamo prisoners, the use of loud music and strobe lights on prisoners was labeled “music futility”, and considered an “allowed technique”. Defense Department investigators looked at accusation of misuse of such techniques, but never banned them.
Military investigators wrote,
Placement of a detainee in the interrogation booth and subjecting him to loud music and strobe lights should be limited and conducted within clearly prescribed limits.
Those limits were not specified.
Additionally, the Schmidt-Furlow investigators looked at instances where female interrogators had fondled prisoners, or pretended to splash menstrual blood upon them. According to military authorities, these were a form of “gender coercion”, and identified as a “futility technique”.
President Obama’s January 2009 executive order would seem to have halted the use of what the Defense Department called “gender coercion”, but not “music futility”. But we don’t know because of pervasive secrecy exactly what military or other interrogators do or don’t do when they employ the “Futility” technique.
Numerous human rights groups, including Amnesty International, Physicians for Human Rights, and the Institute on Medicine as a Profession and Open Society Foundations have called for the elimination of Appendix M and/or the rewriting of the entire Army Field Manual itself.
What has been lacking is a widespread public discourse that recognizes that swapping waterboarding and the CIA’s “enhanced interrogation” torture with the Army Field Manual as an instrument of humane interrogation only replaced the use of brutal torture techniques with those that emphasize psychological torture.
© 2014 The Guardian
Jeffrey Kaye is a psychologist in private practice in San Francisco. He has worked professionally with torture victims and asylum applicants. Active in the anti-torture movement since 2006, he has his own blog, Invictus, and writes regularly for Firedoglake’s The Dissenter. He has published previously at Truthout, Alternet, and The Public Record.
Posted by rogerhollander in Criminal Justice, Human Rights, Iraq and Afghanistan, Torture, War.
Tags: afghanistan occupation, Afghanistan War, bagram, bagram prison, Guantanamo, roger hollander, sarah lazare, torture, unlawful detention, us contstitution
Roger’s note: this article, of course, contradicts the myth that under Obama torture and illegal detention has stopped.
Afghanistan’s Bagram prison. (Photo: File)
In a Christmas Eve ruling that passed with little fanfare, three U.S. Appeals Court Judges gave their legal stamp of approval to indefinite detentions without trial for prisoners of the U.S. military in occupied Afghanistan.
In a 44-page decision, penned by George H.W. Bush appointee Judge Karen Henderson, the habeas corpus petitions filed by five captives at Afghanistan’s infamous Bagram military prison—known to some as the “Other Guantanamo“—were rejected.
The petitions were invoking the men’s rights to challenge unlawful detention—rights recognized by the U.S. Supreme Court for Guantanamo Bay inmates (though not fully implemented in practice).
The ruling claimed there are “significant differences between Bagram and Guantanamo” because “our forces at Bagram… are actively engaged in a war with a determined enemy.”
Yet, as Michael Doyle writing for McClatchy notes, “[O]ne might wonder whether a ‘war’ has changed into an ‘occupation,’ and whether that affects the legal analysis.”
The court statement expressed concern that “orders issued by judges thousands of miles away would undercut the commanders’ authority” and “granting the habeas corpus petitions would distract “from the military offensive abroad to the legal defensive at home.”
The report claimed there are many “practical obstacles” to honoring these inmates’ constitutional rights.
The decision followed in the path of a 2010 similar ruling, which involved three of the five appellants who report having been captured outside of Afghanistan—in Thailand, Iraq and Pakistan.
The U.S. maintains control over the prison’s non-Afghan inmates, many of whom were captured in other countries then transported to this prison, giving the U.S. military broad latitude to violate their rights and hold them indefinitely.
Bagram, which is under an even more stringent media blackout than Guantanamo Bay, is notorious for torture and abuse, including sleep deprivation, beatings, sexual assault, rape and dehumanization.
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Posted by rogerhollander in Art, Literature and Culture, Criminal Justice, Education, Poverty, Race, Racism, Torture.
Tags: august wilson, chris hedges, education, incarceration, poverty, prison, prisoners, Race, racism, roger hollander, solitary confinement, theatre, torture
Posted on Dec 15, 2013, http://www.truthdig.com
|AP/Ted S. Warren
|Pulitzer Prize-winning playwright August Wilson in his Seattle neighborhood in 2003.
By Chris Hedges
I began teaching a class of 28 prisoners at a maximum-security prison in New Jersey during the first week of September. My last class meeting was Friday. The course revolved around plays by August Wilson, James Baldwin, John Herbert, Tarell Alvin McCraney, Miguel Piñero, Amiri Baraka and other playwrights who examine and give expression to the realities of America’s black underclass as well as the prison culture. We also read Michelle Alexander’s important book “The New Jim Crow: Mass Incarceration in the Age of Colorblindness.” Each week the students were required to write dramatic scenes based on their experiences in and out of prison.
My class, although I did not know this when I began teaching, had the most literate and accomplished writers in the prison. And when I read the first batch of scenes it was immediately apparent that among these students was exceptional talent.
The class members had a keen eye for detail, had lived through the moral and physical struggles of prison life and had the ability to capture the patois of the urban poor and the prison underclass. They were able to portray in dramatic scenes and dialogue the horror of being locked in cages for years. And although the play they collectively wrote is fundamentally about sacrifice—the sacrifice of mothers for children, brothers for brothers, prisoners for prisoners—the title they chose was “Caged.” They made it clear that the traps that hold them are as present in impoverished urban communities as in prison.
The mass incarceration of primarily poor people of color, people who seldom have access to adequate legal defense and who are often kept behind bars for years for nonviolent crimes or for crimes they did not commit, is one of the most shameful mass injustices committed in the United States. The 28 men in my class have cumulatively spent 515 years in prison. Some of their sentences are utterly disproportionate to the crimes of which they are accused. Most are not even close to finishing their sentences or coming before a parole board, which rarely grants first-time applicants their liberty. Many of them are in for life. One of my students was arrested at the age of 14 for a crime that strong evidence suggests he did not commit. He will not be eligible for parole until he is 70. He never had a chance in court and because he cannot afford a private attorney he has no chance now of challenging the grotesque sentence handed to him as a child.
My stacks of 28 scenes written by the students each week, the paper bearing the musty, sour smell of the prison, rose into an ungainly pile. I laboriously shaped and edited the material. It grew, line by line, scene by scene, into a powerful and deeply moving dramatic vehicle. The voices and reality of those at the very bottom rung of our society—some of the 2.2 million people in prisons and jails across the country, those we as a society are permitted to demonize and hate, just as African-Americans were once demonized and hated during slavery and Jim Crow—began to flash across the pages like lightning strikes. There was more brilliance, literacy, passion, wisdom and integrity in that classroom than in any other classroom I have taught in, and I have taught at some of the most elite universities in the country. The mass incarceration of men and women like my students impoverishes not just them, their families and their communities, but the rest of us as well.
“The most valuable blacks are those in prison,” August Wilson once said, “those who have the warrior spirit, who had a sense of being African. They got for their women and children what they needed when all other avenues were closed to them.” He added: “The greatest spirit of resistance among blacks [is] found among those in prison.”
I increased the class meetings by one night a week. I read the scenes to my wife, Eunice Wong, who is a professional actor, and friends such as the cartoonist Joe Sacco and the theologian James Cone. Something unique, almost magical, was happening in the prison classroom—a place I could reach only after passing through two metal doors and a metal detector, subjecting myself to a pat-down by a guard, an X-ray inspection of my canvas bag of books and papers, getting my hand stamped and then checked under an ultraviolet light, and then passing through another metal door into a barred circular enclosure. In every visit I was made to stand in the enclosure for several minutes before being permitted by the guards to pass through a barred gate and then walk up blue metal stairs, through a gantlet of blue-uniformed prison guards, to my classroom.
The class, through the creation of the play, became an intense place of reflection, debate and self-discovery. Offhand comments, such as the one made by a student who has spent 22 years behind bars, that “just because your family doesn’t visit you doesn’t mean they don’t love you,” reflected the pain, loneliness and abandonment embedded in the lives of my students. There were moments that left the class unable to speak.
A student with 19 years behind bars read his half of a phone dialogue between himself and his mother. He was the product of rape and tells his mother that he sacrificed himself to keep his half brother—the only son his mother loves—out of prison. He read this passage in the presentation of the play in the prison chapel last Thursday to visitors who included Cornel West and James Cone.
Terrance: You don’t understand[,] Ma.
Terrance: You’re right. Never mind.
PauseTerrance: What you want me to say Ma?
Terrance: Ma, they were going to lock up Bruce. The chrome [the gun] was in the car. Everyone in the car would be charged with murder if no one copped to it …
Terrance: I didn’t kill anyone Ma… Oh yeah, I forgot, whenever someone says I did, I did it.
Terrance: I told ’em what they wanted to hear. That’s what niggas supposed to do in Newark. I told them what they wanted to hear to keep Bruce out of it. Did they tell you who got killed? Did they say it was my father?
Terrance: Then you should know I didn’t do it. If I ever went to jail for anything it would be killing him … and he ain’t dead yet. Rape done brought me into the world. Prison gonna take me out. An’ that’s the way it is Ma.
Terrance: Come on Ma, if Bruce went to jail you would’uv never forgiven me. Me, on the other hand, I wasn’t ever supposed to be here.
Terrance: I’m sorry Ma … I’m sorry. Don’t be cryin’. You got Bruce. You got him home. He’s your baby. Bye Ma. I call you later.
After our final reading of the play I discovered the student who wrote this passage sobbing in the bathroom, convulsed with grief.
In the play when a young prisoner contemplates killing another prisoner he is given advice on how to survive prolonged isolation in the management control unit (solitary confinement, known as MCU) by an older prisoner who has spent 30 years in prison under a sentence of double life. There are 80,000 U.S. prisoners held in solitary confinement, which human rights organizations such as Amnesty International define as a form of torture. In this scene the older man tells the young inmate what to expect from the COs, or correction officers.
Ojore (speaking slowly and softly): When they come and get you, ’cause they are gonna get you, have your hands out in front of you with your palms showing. You want them to see you have no weapons. Don’t make no sudden moves. Put your hands behind your head. Drop to your knees as soon as they begin barking out commands.
Omar: My knees?
Ojore: This ain’t a debate. I’m telling you how to survive the hell you ’bout to endure. When you get to the hole you ain’t gonna be allowed to have nothing but what they give you. If you really piss them off you get a ‘dry cell’ where the sink and the toilet are turned on and off from outside. You gonna be isolated. No contact. No communication.
Ojore: ’Cause they don’t want you sendin’ messages to nobody before dey question some of da brothers on the wing. IA [internal affairs officers] gonna come and see you. They gonna want a statement. If you don’t talk they gonna try and break you. They gonna open the windows and let the cold in. They gonna take ya sheets and blankets away. They gonna mess with ya food so you can’t eat it. An’ don’t eat no food that come in trays from the Vroom Building. Nuts in Vroom be spittin’, pissin’ and shittin’ in the trays. Now, the COs gonna wake you up every hour on the hour so you can’t sleep. They gonna put a bright-ass spotlight in front of ya cell and keep it on day and night. They gonna harass you wit’ all kinds of threats to get you to cooperate. They will send in the turtles in their shin guards, gloves, shank-proof vests, forearm guards and helmets with plexiglass shields on every shift to give you beat-downs.
Omar: How long this gonna go on?
Ojore: Til they break you. Or til they don’t. Three days. Three weeks. You don’t break, it go on like this for a long time. An’ if you don’t think you can take it, then don’t start puttin’ yerself through this hell. Just tell ’em what they wanna know from the door. You gonna be in MCU for the next two or three years. You’ll get indicted for murder. You lookin’ at a life bid. An’ remember MCU ain’t jus’ ’bout isolation. It’s ’bout keeping you off balance. The COs, dressed up in riot gear, wake you up at 1 a.m., force you to strip and make you grab all your things and move you to another cell just to harass you. They bring in dogs trained to go for your balls. You spend 24 hours alone one day in your cell and 22 the next. They put you in the MCU and wait for you to self-destruct. An’ it works. Men self-mutilate. Men get paranoid. Men have panic attacks. They start hearing voices. They talk crazy to themselves. I seen one prisoner swallow a pack of AA batteries. I seen a man shove a pencil up his dick. I seen men toss human shit around like it was a ball game. I seen men eat their own shit and rub it all over themselves like it was some kinda body lotion. Then, when you really get out of control, when you go really crazy, they got all their torture instruments ready—four- and five-point restraints, restraint hoods, restraint belts, restraint beds, stun grenades, stun guns, stun belts, spit hoods, tethers, and waist and leg chains. But the physical stuff ain’t the worst. The worst is the psychological, the humiliation, sleep deprivation, sensory disorientation, extreme light or dark, extreme cold or heat and the long weeks and months of solitary. If you don’t have a strong sense of purpose you don’t survive. They want to defeat you mentally. An’ I seen a lot of men defeated.
The various drafts of the play, made up of scenes and dialogue contributed by everyone in the class, brought to the surface the suppressed emotions and pain that the students bear with profound dignity. A prisoner who has been incarcerated for 22 years related a conversation with his wife during her final visit in 1997. Earlier his 6-year-old son had innocently revealed that the woman was seeing another man. “I am aware of what kind of time I got,” he tells his wife. “I told you when I got found guilty to move on with your life, because I knew what kind of time I was facing, but you chose to stick around. The reason I told you to move on with your life was because I didn’t want to be selfish. So look, man, do what the fuck you are going to do, just don’t keep my son from me. That’s all I ask.” He never saw his child again. When he handed me the account he said he was emotionally unable to read it out loud.
Those with life sentences wrote about dying in prison. The prisoners are painfully aware that some of them will end their lives in the medical wing without family, friends or even former cellmates. One prisoner, who wrote about how men in prolonged isolation adopt prison mice as pets, naming them, carefully bathing them, talking to them and keeping them on string leashes, worked in the prison infirmary. He said that as some prisoners were dying they would ask him to hold their hand. Often no one comes to collect the bodies. Often, family members and relatives are dead or long estranged. The corpses are taken by the guards and dumped in unmarked graves.
A discussion of Wilson’s play “Fences” became an exploration of damaged manhood and how patterns of abuse are passed down from father to son. “I spent my whole life trying not to be my father,” a prisoner who has been locked up for 23 years said. “And when I got to Trenton I was put in his old cell.”
The night we spoke about the brilliant play “Dutchman,” by LeRoi Jones, now known as Amira Baraka, the class grappled with whites’ deeply embedded stereotypes and latent fear of black men. I had also passed out copies of Robert Crumb’s savage cartoon strip “When the Niggers Take Over America!,” which portrays whites’ fear of black males—as well as the legitimate black rage that is rarely understood by white society.
The students wanted to be true to the violence and brutality of the streets and prison—places where one does not usually have the luxury of being nonviolent—yet affirm themselves as dignified and sensitive human beings. They did not want to paint everyone in the prison as innocents. But they know that transformation and redemption are real.
There are many Muslims in the prison. They have a cohesive community, sense of discipline and knowledge of their own history, which is the history of the long repression and subjugation of African-Americans. Most Muslims are very careful about their language in prison and do not curse, meaning I had to be careful when I assigned parts to the class.
There is a deep reverence in the prison for Malcolm X. When the class spoke of him one could almost feel Malcolm’s presence. Malcolm articulated, in a way Martin Luther King Jr. did not, the harsh reality of poor African-Americans trapped in the internal colonies of the urban North.
The class wanted the central oracle of the play to be an observant Muslim. Faith, when you live in the totalitarian world of the prison, is important. The conclusion of the play was the result of an intense and heated discussion about the efficacy and nature of violence and forgiveness. But by the end of a nearly hourlong discussion the class had unanimously signed off on the final scene, which I do not want to reveal here because I hope that one day it will be available to be seen or read. It was the core message the prisoners wanted most to leave with outsiders, who often view them as less than human.
The play has a visceral, raw anger and undeniable truth that only the lost and the damned can articulate. The students wrote a dedication that read: “We have been buried alive behind these walls for years, often decades. Most of the outside world has abandoned us. But a few friends and family have never forgotten that we are human beings and worthy of life. It is to them, our saints, that we dedicate this play.” And they said that if the play was ever produced, and if anyone ever bought tickets, they wanted all the money that might be earned to go to funding the educational program at the prison. This was a decision by men who make, at most, a dollar a day at prison jobs.
We read the Wilson play “Joe Turner’s Come and Gone.” The character Bynum Walker, a conjurer, tells shattered African-Americans emerging from the nightmare of slavery that they each have a song but they must seek it out. Once they find their song they will find their unity as a people, their inner freedom and their identity. The search for one’s song in Wilson’s play functions like prayer. It gives each person a purpose, strength and hope. It allows a person, even one who has been bitterly oppressed, to speak his or her truth defiantly to the world. Our song affirms us, even if we are dejected and despised, as human beings.
Prisoners are given very little time by the guards to line up in the corridor outside the classroom when the prison bell signals the end of class. If they lag behind they can get a “charge” from the guards that can restrict their already very limited privileges and freedom of movement. For this reason, my classroom emptied quickly Friday night. I was left alone in the empty space, my eyes damp, my hands trembling as I clutched their manuscript. They had all signed it for me. I made the long and lonely walk down the prison corridors, through the four metal security doors, past the security desk to the dark, frozen parking lot. I looked back, past the coils of razor wire that topped the chain-link fencing, at the shadowy bulk of the prison. I have their song. I will make it heard. I do not know what it takes to fund and mount a theater production. I intend to learn.
Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Racism, Torture.
Tags: american gulag, american prisons, banality of evil, barry sussman, bureau of prisons, charles samuels, Criminal Justice, eichmann, godwin's law, hanna arendt, non-violent offenders, prison industrial complex, prisons, roger hollander, torture
Roger’s note: Going back to my days protesting racism and the Vietnam War I have unapologetically used the word “fascist” or “neo-fascist” to describe aspects of the actions of the United States government. I am well aware of what the author of this article refers to as Godwin’s Law, that we dare not compare Americans to Nazis in polite company. I often try to think what it would have been like to have been an “ordinary” German citizen in the 1930s and 1940s. I imagine that one woke up in the morning, ate breakfast, sent the kids off to school, and then headed to whatever job she/he worked at. The sun came up in the morning and the moon at night. People ate, drank, partied, and, yes, they would also have discussed politics. Their discussions would have had a lot in common with how many Americans see themselves, that is, as victims. The reparations imposed by the Allies after WWI had created economic hardships that all Germans felt. That was their primary reality. Germans who were educated and who should have known better, would obviously been aware of the officially sanctioned antisemitism and other excesses of the Hitler regime. Some few would have protested and paid a price, other would have rationalized. How is this different, I ask, from American reaction the atrocities in my lifetime that have occurred as a direct or indirect result of U.S. government activity, including but not limited to Vietnam, Agent Orange, Latin American death squads, endemic racist, sexist and homophobic urban policing, the Bush/Cheney torture and rendition regime, the hundreds of thousands if not millions killed in the declared wars in Iraq and Afghanistan, and the men, women and children destroyed by American drone missiles?
This article focuses on the prison industrial complex, but I note that it fails to include a discussion of the privatization of a large segment of the prison industry, using prisoners as slave labor, and the various forms of torture including years to decades of solitary confinement.
Since this article if focused on criminal justice, it identifies only one of thousands of Eichmanns who spend your American tax dollars on destroying human life.
OpEdNews Op Eds 11/21/2013 at 19:44:02
By Barry Sussman (about the author)
Godwin’s Law is an assertion, widely credited to Mike Godwin of the Electronic Freedom Foundation, basically holding that a discussion essentially ends when a Nazi or Hitler analogy is raised and signals that the party making such a comparison has lost the argument. It is widely cited, particularly in the blogosphere, whenever the inevitable comparisons are made between current U.S. repressive/invasive procedures and those employed by an earlier repressive regime that according to Godwin, must remain nameless when discussing despicable state tactics.
Image by google images
Godwin’s Law, credited to Mike Godwin, has diminished the discussion of parallels between current U.S. policy and Nazi Germany
Various players have different motives for promulgating Godwin’s Law. There are the victims of Nazi oppression who seek to ensure a unique place in history for themselves, and in order to do so must see that any other villainous regime is perceived to be relegated to a level no greater than penultimate evil. Then there are the regimes themselves which have a vested interest in quelling any embarrassing or unwanted comparisons. Regardless of the motivation, there seems to be little doubt that absurdities like Godwin’s Law do little to advance meaningful analysis and more likely stifle necessary and legitimate discourse.
An honest examination of the prison-industrial complex in the U.S. demands a total defenestration of Godwin’s Law and anything else interfering with the ability to compare the U.S. “justice” system with those of other similarly malevolent regimes. Those who seek to defend the status quo in the U.S. will reflexively cite the fact that Hitler, Stalin, Mao and others have killed more of their people, etc., but while true, this misses the real point and inherent maliciousness of the current situation in the U.S.
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Adolph Hitler is uniquely evil and exempt from comparison according to Godwin’s Law
Much of the damage done by the U.S. justice system is allowed to occur with little or no oversight as a result of the U.S.’s self-proclaimed role as the world’s moral arbiter. Indeed, much in the way in which Richard Nixon claimed that “when the president does it, that means it is not illegal,” it is now similarly asserted that if the U.S. does it, it must be permissible. Even the most egregious violations can be explained away by attributing their necessity to something as vague as “terrorism.” Godwin’s Law prevents the interjection of the historical fact that similar claims were made by another regime that relied upon comparable and similarly vague justifications.
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Adolph Eichmann was executed for crimes arising out of overseeing a network of prisons for the Third Reich
And so in the spirit of breaking free from the artificial constraints of Godwin, it can be straightforwardly reported that America has its own equivalent of Adolph Eichmann in the person of Charles E. Samuels, Jr., director of the federal Bureau of Prisons. There are obvious parallels between the governmental tasks performed by Eichmann and Samuels. Like Eichmann, he is responsible for the management of prisoner logistics, heading a nationwide network of gulags where enemies of the regime are dispatched for an ever-expanding variety of infractions, both real and imagined.
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Charles Samuels currently serves as the head of America’s vast network of federal gulags
Samuels, installed by President Barack Obama, is the first person of color to hold the post. This fact was widely celebrated by a fawning press following his installation but given that minorities are the largest victims of the prison-industrial complex in the U.S., placing a black man in the position was recognized by more seasoned observers as a cynical ploy to sugar-coat the face of systematically repressive mass incarceration.
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Despite promises of “hope and change,” the Department of Justice and Bureau of Prisons have only grown more repressive under the Obama regime
Samuels’ relatively unimpressive biography suggests he is merely another government functionary seeking sustenance at the public trough. There is nothing in his background which would indicate an extraordinary or unusual level of malice. In his mind he is most likely serving at his post in an unthinking and uncaring manner that is little different from the way in which millions of other government workers perform their assigned tasks. It is entirely possible that he fails to recognize the holocaust he has been entrusted to oversee and perpetuate, instead perceiving it to be nothing more than an element of a necessary state function.
Fifty years ago renowned sociologist Hanna Arendt penned her classic work, Eichmann in Jerusalem: A Report on the Banality of Evil. Arendt’s work was revolutionary in its contention that evil in individuals mainly occurs as a result of thoughtlessness. Arendt wrote it was the tendency of ordinary people to obey orders and conform to mass opinion without a critical evaluation of the consequences of their actions, even if it results in unspeakable crimes.
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Famed sociologist Hanna Arendt identified the banal nature of evil found in the likes of Eichmann and Samuels
It was the capture of Eichmann, widely considered at the time to be evil personified, and the reactions observed at his ensuing trial that caused Arendt to formulate her theory. She recognized that the evil being attributed to Eichmann was misplaced. Arendt viewed him as a mere cog in the wheel of an inherently evil system, performing his duties as would ordinarily be expected of any dutiful bureaucrat.
Performing horrific tasks in an organized and systematic way relies upon “normalization.” This is the process whereby such abominable and heinous acts become routine and are ultimately accepted as part of the process through which things are done. The process requires a division of labor in doing and rationalizing the unthinkable. The direct brutalization of people is performed by one set of individuals while others keep unrelated mechanisms of government functioning. Giving cover to the enterprise are supposed intellectuals and other pseudo experts who work through various media outlets to rationalize for the general public what would otherwise be unimaginable.
The media has certainly aided Samuels in efforts to make his endeavors palatable. Press accounts disseminated soon after his appointment credited “an interest in public service” as being what led him to take his first job as a federal prison guard. Samuels reportedly hails from a family of public servants, with a father who worked for the U.S. Postal Service and a mother who was employed by the Social Security Administration. Various media outlets reporting on Samuels’ appointment treated his position with the federal Bureau of Prisons as simply another civic minded endeavor. One article even went so far as to try and humanize his efforts by citing Samuels’ enjoyment of “chess, video games and reading books on a variety of topics.”
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Samuels rules over the largest network of prisons ever assembled
When he’s not reading or playing chess, Samuels oversees the largest network of prisons and prisoners that the world has ever seen. It is largely a retributive network in which nearly three quarters of those imprisoned are non-violent offenders with no history of violence. Mandatory sentencing, rampant federal prosecutorial misconduct and an absurd and patently illegitimate 99% conviction rate in U.S. federal courts guaranty a steady stream of prisoners for the facilities overseen by Samuels.
Many of the victims dispatched to Samuels’ custody find themselves imprisoned as a result of gross abuse of governmental power. People are targeted for prosecution for a variety of reasons, many of which bear no rational relationship to the commission of an offense. The system in which Samuels plays a key role tends to select targets for prosecution and then, after expending limitless resources, finds a suitable “crime” with which they can be charged. It operates much in the spirit of Lavrentiy Beria, head of Joseph Stalin’s secret police in the Soviet Union, who is alleged to have said, “Show me the man, and I’ll show you the crime.”
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The tactics of Lavrentiy Beria, head of Stalin’s secret police, have been embraced by the U.S. Department of Justice
The federal Bureau of Prisons, as overseen by Samuels, is viewed by many detractors as nothing more than another example of state sponsored terrorism. The bureau exists to inflict harm upon its victims and exact retribution from perceived enemies of the regime. Even the pretense of rehabilitation has long been abandoned. Recent press reports claim that there are thousands of people, convicted of non-violent offenses, who have been sentenced to die in prison. The mission of the bureau is to rigidly exact as much time as possible from each and every prisoner. Samuels has taken the task to heart, routinely denying various motions for the compassionate release of terminally ill prisoners and instructing that good time calculations be made in a fashion that cheats every federal prisoner out of seven days of freedom for each year served. Ever the loyal soldier, he holds that every discretionary situation must be resolved in accordance with the goal of ensuring that federal prisons are kept full, well above capacity.
While Arendt’s ideas on the nature of evil were generally rejected when first proposed, the success of subsequent U.S. efforts at wholesale systematic implementation of sanitized decimation through mass incarceration suggests she was years ahead of her time. A man like Samuels, despite the realities of his job description, is widely accepted as being no more villainous than any other high ranking bureaucrat. Much like his predecessor Eichmann asserted, Samuels is widely viewed as one who is doing nothing more than following orders and unquestioningly administering the will of the regime.
Eichmann’s reliance on the Nuremberg Defense in which he sought to deflect guilt by claiming he was “only following orders” was predictably unsuccessful. Despite its past failed applications, it seems inevitable that if Samuels’ day of reckoning comes where he is called to account for the crimes that occurred on his watch, he would invoke a similar defense.
Even Eichmann’s trial speech appears to have applicability to the potential jeopardy faced by Samuels.
“I cannot recognize the verdict of guilty. . . . It was my misfortune to become entangled in these atrocities. But these misdeeds did not happen according to my wishes. It was not my wish to slay people. . . . Once again I would stress that I am guilty of having been obedient, having subordinated myself to my official duties and the obligations of service and my oath of allegiance and my oath of office . . . At that time obedience was demanded, just as in the future it will also be demanded of the subordinate.”
History has demonstrated that this is a losing argument. Samuels, and others whose warped sense of duty impairs their ability to discern right from wrong, run the risk of being called to account. The tipping point is growing near as there are almost daily calls to reform the federal sentencing scheme. The bureau headed by Samuels will predictably defy such calls as bureaucracies tend to resist efforts to diminish their size and scope. Samuels’ unfettered fealty to the regime prevents him from seeing that the administration he heads is one which feeds on bodies. It can only grow by creating correspondingly greater death and misery. America, which leads all nations in number and percentage of people under lock and key, has its Eichmann.
The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Posted by rogerhollander in Canada, Iraq and Afghanistan, Torture, War on Terror.
Tags: Canada, canada government, canada justice, child soldier, david climenhaga, dennis edney, Guantanamo, harper government, king's university college, military commissions, Omar Khadr, roger hollander, samuel morison, Stephen Harper, steven blaney, torture
Roger’s note: I have written and posted before about Omar Khadr, and it is important that he should not be forgotten. I refer you again to the documentary: “You Don’t Like the Truth: Four Days Inside Guantanamo,” which depicts the torturous interrogation this child was put through by Canadian spooks, and the torture he suffered at the hands of the Americans at the same time as he was wounded to the near point of death. This photo shows the condition he was in when the CIA interrogated him.
| November 19, 2013, http://www.rabble.ca
Is the continued imprisonment of Omar Khadr actually a question of principle for the Harper Government, or has it become such an embarrassment that our Conservative leaders in Ottawa have concluded he must be kept under wraps as long as possible for reasons of political expediency?
The hatred and hysteria with which the supporters of this government attack the former child soldier, who is now 27 and resides in a federal penitentiary here in Edmonton after pleading guilty to a variety of war crimes charges before a “military commission” run by the U.S. armed forces, suggests the latter.
Either way, though, the explanation hardly shows our federal government in a good light. And perhaps not the rest of us Canadians either, given the sorry tale of what happened to our fellow citizen when he was still a child, abandoned by his father in a war zone, pressed into service as a child soldier and put on trial after being grievously injured in a battle with American forces.
The question Canadians who believe in common decency and the rule of law need to ask themselves now, though, is what can we do about it?
Various legal challenges are in the works, as regular readers of the news columns surely know. Khadr’s Canadian lawyer, Dennis Edney, has launched an appeal of an Alberta court decision that denied his request to be transferred from the maximum-security Edmonton Institution to a provincial jail.
Khadr’s American attorney, Samuel Morison of the United States Department of Defense, has challenged his conviction for war crimes by a military commission inside the extra-territorial U.S. prison at Guantanamo Bay in occupied Cuban territory.
But the wheels of justice grind slowly, when they grind at all. And the Canadian government, which never lifted a finger to help this young man and which resisted his return to Canada until the embarrassed Americans put him on a plane and sent him home, has now adopted a strategy of doing anything it can to prevent his release.
“The government is going to run the clock out on Omar Khadr,” said Edney, who spoke a week ago today at a packed forum on the case at Edmonton’s King’s University College, a private university founded by the Christian Reformed Church that has taken up Khadr’s case with increasing vigour.
The Harper government, Edney explained, has the legal power to do the right thing, “but it can’t, because it’s put its reputation at stake” by supporting the prosecution of a 15-year-old boy in a judicial proceeding, that while not quite a kangaroo court, hardly lives up to the standards of Canadian justice.
Even that explanation may be a generous one, it is said here, because the passions aroused by Canada’s enthusiastic participation in the war in Afghanistan obviously made Khadr’s fate an effective wedge issue for the relentlessly cynical Harper Tories. Is it beyond the pale they would care more about their own electoral fate than justice for a young man caught in the meat-grinder of a war he didn’t choose?
Surely it is not that hard to imagine that the Harper Government risking even a constitutional crisis to prevent Khadr’s release before the next election if actually ordered to do so by a court.
Adherents of the Harper government’s line are bound to angrily assert that Khadr pleaded guilty to the charges. Indeed, Steven Blaney, the minister of Public Safety, said just that, telling the CBC: “Omar Khadr pleaded guilty to very serious crimes… The government of Canada will vigorously defend against any attempted court action to lessen his punishment for these crimes.”
But as Morison pointed out to the crowd at King’s last week, “If he had been tried by the standards that prevailed here in Canada, he would never have been convicted.”
What’s more, the American lawyer explained, given the Kafkaesque inversion of justice in the Guantanamo commissions, “the only way to win at Gitmo is to lose … the only way to get off the island was to plead guilty.” For a prisoner to insist he is innocent is to sentence himself to life in prison: “That drains the trial process of any real meaning.”
Indeed, last Friday, Canadian lawyers representing Khadr filed civil arguments claiming the Canadian government conspired with U.S. authorities to abuse the prisoner to ensure he pleaded guilty.
Morison, perhaps with the hyperbole of a good trial lawyer, insists the principal crime to which Khadr pleaded guilty — killing a U.S. soldier with a hand grenade — could never have happened the way prosecutors claimed. Indeed, he said, not only did Khadr not perpetrate a war crime, “he was himself the victim of a war crime!” You can click here to see a video of Morison’s illuminating remarks.
This case was the first time in modern history, Morison added, that a 15-year-old was prosecuted for war crimes.
But what can Canadians do now?
“There’s no great big fix in the world,” Edney told the approximately 300 people who attended the forum at King’s. “There’s steps, little steps.”
“You can’t speak in the Supreme Court, but you can speak to your friends,” he explained. “You can go to your local politician…” But nothing will happen, he advised, “without you, without you getting angry, without you saying you will work night and day … only then will you get a result.”
And you must have faith in the rule of law, Edney counselled, as has King’s – “the rule of law is applying here today.”
King’s, he said, “this little Christian university,” has “advocated far more strongly than any other university in Canada, for a Muslim boy.”
So what are the rest of us going to do?
David Climenhaga, author of the Alberta Diary blog, is a journalist, author, journalism teacher, poet and trade union communicator who has worked in senior writing and editing positions with the Toronto Globe and Mail and the Calgary Herald. His 1995 book, A Poke in the Public Eye, explores the relationships among Canadian journalists, public relations people and politicians. He left journalism after the strike at the Calgary Herald in 1999 and 2000 to work for the trade union movement. Alberta Diary focuses on Alberta politics and social issues.
This post also appears on David Climenhaga’s blog, Alberta Diary.
Posted by rogerhollander in Health, Torture.
Tags: cia doctors, cia nurses, enhanced interrogation, ethics, forced feeding, Guantanamo, hunger strike, medical ethics, roger hollander, sarah boseley, torture
Roger’s note: there are parallels here, certainly not anyway near the same scope, but parallels nonetheless with Nazi concentration camp doctors.
Doctors were asked to torture detainees for intelligence gathering, and unethical practices continue, review concludes
- The Guardian, Monday 4 November 2013
An al-Qaida detainee at Guantanamo Bay in 2002: the DoD has taken steps to address concerns over practices at the prison in recent years. Photograph: Shane T Mccoy/PA
Doctors and psychologists working for the US military violated the ethical codes of their profession under instruction from the defence department and the CIA to become involved in the torture and degrading treatment of suspected terrorists, an investigation has concluded.
The report of the Taskforce on Preserving Medical Professionalism in National Security Detention Centres concludes that after 9/11, health professionals working with the military and intelligence services “designed and participated in cruel, inhumane and degrading treatment and torture of detainees”.
Medical professionals were in effect told that their ethical mantra “first do no harm” did not apply, because they were not treating people who were ill.
The report lays blame primarily on the defence department (DoD) and the CIA, which required their healthcare staff to put aside any scruples in the interests of intelligence gathering and security practices that caused severe harm to detainees, from waterboarding to sleep deprivation and force-feeding.
The two-year review by the 19-member taskforce, Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror, supported by the Institute on Medicine as a Profession (IMAP) and the Open Society Foundations, says that the DoD termed those involved in interrogation “safety officers” rather than doctors. Doctors and nurses were required to participate in the force-feeding of prisoners on hunger strike, against the rules of the World Medical Association and the American Medical Association. Doctors and psychologists working for the DoD were required to breach patient confidentiality and share what they knew of the prisoner’s physical and psychological condition with interrogators and were used as interrogators themselves. They also failed to comply with recommendations from the army surgeon general on reporting abuse of detainees.
The CIA’s office of medical services played a critical role in advising the justice department that “enhanced interrogation” methods, such as extended sleep deprivation and waterboarding, which are recognised as forms of torture, were medically acceptable. CIA medical personnel were present when waterboarding was taking place, the taskforce says.
Although the DoD has taken steps to address concerns over practices at Guantánamo Bay in recent years, and the CIA has said it no longer has suspects in detention, the taskforce says that these “changed roles for health professionals and anaemic ethical standards” remain.
“The American public has a right to know that the covenant with its physicians to follow professional ethical expectations is firm regardless of where they serve,” said Dr Gerald Thomson, professor of medicine emeritus at Columbia University and member of the taskforce.
He added: “It’s clear that in the name of national security the military trumped that covenant, and physicians were transformed into agents of the military and performed acts that were contrary to medical ethics and practice. We have a responsibility to make sure this never happens again.”The taskforce says that unethical practices by medical personnel, required by the military, continue today. The DoD “continues to follow policies that undermine standards of professional conduct” for interrogation, hunger strikes, and reporting abuse. Protocols have been issued requiring doctors and nurses to participate in the force-feeding of detainees, including forced extensive bodily restraints for up to two hours twice a day.
Doctors are still required to give interrogators access to medical and psychological information about detainees which they can use to exert pressure on them. Detainees are not permitted to receive treatment for the distress caused by their torture.
“Putting on a uniform does not and should not abrogate the fundamental principles of medical professionalism,” said IMAP president David Rothman. “‘Do no harm’ and ‘put patient interest first’ must apply to all physicians regardless of where they practise.”The taskforce wants a full investigation into the involvement of the medical profession in detention centres. It is also calling for publication of the Senate intelligence committee’s inquiry into CIA practices and wants rules to ensure doctors and psychiatrists working for the military are allowed to abide by the ethical obligations of their profession; they should be prohibited from taking part in interrogation, sharing information from detainees’ medical records with interrogators, or participating in force-feeding, and they should be required to report abuse of detainees.
Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
Tags: constitution, cruel and unusual, extreme isolation, human rights, pam johnson, pennsylvania, pennsylvania prisons, prisons, roger hollander, sensory deprivation, solitary confinement, torture, torture chambers
ROGER’S NOTE: WHEN I READ ABOUT AMERICA’S TORTURE CHAMBERS (AND I DO NOT PUT THAT PHRASE IN QUOTATION MARKS) AND THE NEARLY 100,000 MOSTLY BLACK, LATINO AND FIRST NATIONS PEOPLES BEING TORTURED DAILY, I THINK OF THE AMERICAN MEDIA AND POLITICAL CULTURE AND ITS SELF-RIGHTEOUS, ARROGANT AND HYPOCRITICAL SERMONIZING ABOUT THE SOVIET GULAG OR THE NAZI CONCENTRATION CAMPS. I WANT YOU TO IMAGINE THAT THE AVERAGE TIME FOR AN AMERICA PRISONER IN SOLITARY CONFINEMENT IS SEVEN AND A HALF YEARS WHEN THE UNITED NATIONS ETHICAL STANDARD IS FIFTEEN DAYS MAXIMUM.
He has not had human contact or a good night’s sleep in nearly three decades. Every single day, he wakes to the sound of metal doors clanging open and a pair of disembodied hands pushing a tray of food through a slot into his 64-square-foot cell.
L to R: Kimberly Richardson (of the Peoples Institute for Survival), Robert King (who spent 31 years in isolation), and Theresa Shoatz, whose father Russell Maroon Shoatz is also in long-term solitary confinement. (Credit: Ann Harkness/cc by 2.0)
For the next 23 hours, he will stare at the same four walls. If he is lucky, he’ll be escorted, shackled at his ankles and wrists, into a “yard” – an enclosure only slightly larger than his cell – for an hour of solitary exercise.
This is how Russell “Maroon” Shoatz, a prisoner in the restricted housing unit at the State Correctional Institute (SCI) Frackville in northern Pennsylvania, has spent the past 22 consecutive years.
On Thursday, Shoatz’s lawyers submitted a communication to Juan E. Mendez, the United Nations’ special rapporteur on torture and other cruel, inhuman and degrading treatment or punishment, urging him to inquire into why a “father, grandfather and great grandfather” is being held in extreme isolation despite having a near-perfect disciplinary record for over 20 years.
The appeal comes on the heels of a surge in public debate on the practice of solitary confinement in the United States, where on any given day an estimated 81,000 men, women and children are held in some form of “restricted housing” unit, according to Federal Bureau of Justice statistics.
Authorities in each state have a myriad of euphemisms for the practice: administrative segregation, secure housing units (SHUs), “supermax” facilities, protective custody. Whatever the language, critics say the basic conditions remain the same: extreme isolation and sensory deprivation for years at a time.
According to a 2012 report by Human Rights Watch (HRW), the restrictions imposed in “maximum security” facilities often “exceed the fathomable. In Pennsylvania’s most restrictive units, for example, prisoners have all the usual supermax deprivations plus some that seem gratuitously cruel: they are not permitted to have photographs of family members or newspapers and magazines.”
Mendez has already affirmed that holding a human being in isolation for a period exceeding 15 days constitutes a violation of the U.N. Convention Against Torture (CAT).
Back in 2011, his office called for a complete global ban on the use of solitary confinement “except in the most extreme circumstances and for as short a time as possible”, citing numerous studies – some dating back decades, others as recent as Amnesty International’s 2012 report ‘The Edge of Endurance’ – that have documented the long-lasting psychological impacts resulting from even a few days of social separation.
This past August, a hunger strike involving over 30,000 prisoners protesting conditions in restricted housing units at the Pelican Bay State Prison in California prompted the rapporteur to make an urgent appeal to the U.S. government to “eliminate the use of prolonged or indefinite solitary confinement under all circumstances”, stressing that the average U.S. prisoners banished to the hole typically stays there roughly 7.5 years – “far beyond what is acceptable under international human rights law.”
Harold Engel, an attorney with over 43 years of experience and a retired partner of the global corporate law firm Reed Smith, said he co-signed the appeal Thursday in the hopes that an investigation undertaken by the office of the special rapporteur, housed at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva, will bring an end to indefinite isolation.
“I first became involved in this case because my daughter told me about Shoatz’s situation and I found it abhorrent,” Engel told IPS.
“As I learned more I realised there wasn’t any clear law on the question of whether keeping someone in solitary confinement under conditions that Shoatz has been kept in violates the eighth amendment of the U.S. constitution [prohibiting the government from imposing cruel and unusual punishment] – which, in my opinion, it does.”
Speaking to IPS under condition of anonymity, an inmate who spent several years in solitary confinement in a Pennsylvania prison before being released back into the general population said his life was measured out in a series of arbitrary numbers: he was permitted one hour of exercise on five days out of the week; he was allowed three meals a day but zero contact visits with his family. His cell contained a single cot and one steel sink. Showers were taken thrice weekly, overseen by guards.
“Getting through each day felt like hewing a single stone from a mountain of despair,” he said.
Bret Grote, an activist who has worked for over six years with the Human Rights Coalition (HRC) – an advocacy group comprised predominantly of prisoners’ families, ex-prisoners and their supporters – says he and others have documented “hundreds upon hundreds of instances of torture and other cruel, inhuman and degrading treatment inside the solitary confinement units of Pennsylvania Department of Corrections (PA DOC).”
“The approximately 2,500 prisoners warehoused in solitary by the PA DOC are held in units where physical abuse, psychological deterioration, retaliation for exercising constitutionally-protected rights, food deprivation, extreme social isolation, severely reduced environmental stimulation, theft and destruction of property, obstruction of access to the courts, and racist abuse are normative features,” Grote told IPS.
As Shoatz’s lawyers await an official response from the U.N. rapporteur, they are holding out hope that a full investigation into his case could also bring some respite for the tens of thousands of others enduring such conditions.
Copyright © 2013 IPS-Inter Press Service.
Posted by rogerhollander in Civil Liberties, Criminal Justice, Race, Racism, Torture.
Tags: Criminal Justice, incarceration, prison privatization, private prisons, privatization, racism, roger hollander, torture
|Private prison companies make billions from torture and confinement.
We can stop this by holding prison companies’ investors, board members, and public officials accountable.
The United States incarcerates more people than any other country in the world, and the private prison industry is making a killing off this broken system. For-profit prison companies get paid for each person that fills their cells — raking in $5 billion in annual revenue.1 Empty beds mean lost profits, so to keep the money flowing the industry spends millions lobbying the government to expand the destructive policies that keep more people behind bars for longer, harsher sentences.2
Tragically, one-third of all Black men will spend part of their lives in prison.3 Meanwhile, for-profit prisons promote and exploit mass incarceration and racial-bias in the criminal justice system — further accelerating our nation’s prison addiction. We can stop this. The prison industry depends on corporate backers for the capital it needs to keep growing,4 and allies in government for contracts that fill their prisons. If we convince enough investors and board members to leave the industry, we can discredit incarceration as a business, bring attention to the harm it creates, and deter public officials from granting contracts to prison companies.
Please join us in urging investors and board members of for-profit prison companies to get out of this exploitative business. We’ll inform them of what they’re involved in, and if they refuse to do what’s right, we’ll hold them publicly accountable.
Federal agencies and state governments contract with three main companies to lock people up: Corrections Corporation of America (CCA), GEO Group, Inc., and the Management and Training Corporation (MTC). The top two prison companies, CCA and GEO, are publicly traded and financed by investors, major banks and corporations, who hold shares in the industry. CCA and GEO Group make money by charging a daily rate per body that is sent to them — costing tax payers billions for dangerous, ineffective facilities.5 The industry also makes money by avoiding tax payments. CCA will dodge $70 million dollars in tax payments this year by becoming a real estate investment trust (REIT) and designating their prisons as “residential”.6
In order to maximize profits, prison companies cut back on staff training, medical care, and rehabilitative services — causing assault rates to double in some private prisons.7 A 2010 ACLU lawsuit against CCA-run Idaho Correctional Center cited a management culture so violent the facility is known as the “gladiator school”.8 The industry also maximizes profits by lobbying for and benefiting from laws that put more people in jail. In the 1990′s CCA chaired the Criminal Justice Task force of shadowy corporate bill-mill, the American Legislative Exchange Council (ALEC), which passed “3 strikes” and “truth in sentencing” laws that continue to send thousands of people to prison on very harsh sentences.9 Black folks are disproportionately subjected to these uniquely harsh conditions due to our extreme overrepresentation in the private prison system.10
In many parts of the country, the political tide is shifting against the for-profit prison industry. Earlier this summer, Kentucky, Texas, Idaho, and Mississippi broke ties with CCA after reports of chronic understaffing, inmate death, and rising costs to the states became undeniable.11 In April, New Hampshire rejected all private prison bids because the prison corporations could not show that they would follow legal requirements for safely housing prisoners.12 And, there is growing opposition to California Governor Jerry Brown’s misguided plan to comply with a Supreme Court order to alleviate the State’s prison overcrowding crisis by moving thousands of prisoners into private facilities, at a public cost of $1 billion over 3 years.13
The private prison industry should not control who is locked up, for how long, and at what price. For-profit prison companies have investors that cut across many industries. Some of these investors — wealthy individuals, major banks and financial companies — know exactly what they’re doing. But with enough pressure, they might reconsider whether it’s worth being known as profiting from exploitation and racism in the criminal justice system.
Profiting off the brutality and discrimination of incarceration is shameful. Please join us in calling on the investors and board members of for-profit prison companies to get out of this corrupt business.
Thanks and Peace,
–Rashad, Matt, Arisha, Aimée, William, Lyla and the rest of the ColorOfChange.org team
September 4th, 2013
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1. “A Boom Behind Bars,” Bloomberg Businessweek, 03-17-2011
2. “Gaming the System,” (.pdf) Justice Policy Institute, 06-01-2011
3. “1 in 3 Black Men Go To Prison? The 10 Most Disturbing Facts About Racial Inequality in the U.S. Criminal Justice System,” AlterNet, 03-17-2012
4. “Private Prison Profits Skyrocket as Executives Assure Investors of Growing Offender Population,” ThinkProgress, 05-09-2013
5. “Banking on Bondage: Private Prisons and Mass Incarceration,” (.pdf) ACLU, 11-01-2011
6. “The Legacy of Chattel Slavery: Private Prisons Blur the Line Between Real People and Real Estate With New IRS Property Gambit,” Truthout, 02-04-2013
7.”The Dirty Thirty: Nothing to Celebrate About 30 Years of Corrections Corporation of America,” (.pdf) Grassroots Leadership, 06-01-2013
8. “ACLU Lawsuit Charges Idaho Prison Officials Promote Rampant Violence,” ACLU, 03-11-2010
9. “Too Good to be True: Private Prisons in America,” (.pdf) 01-01-2012
10. “The Color of Corporate Corrections: Overrepresentation of People of Color in the Private Prison Industry,” Prison Legal News, 08-30-2013
11. “Three States Dump Major Private Prison Company in One Month” ThinkProgress, 06-21-2013
12.”New Hampshire Rejects All Private Prison Bids,” ThinkProgress, 04-05-2013
13. “Gov. Brown’s misguided private prison plan” SF Gate, 08-28-2013
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Posted by rogerhollander in Art, Literature and Culture, Civil Liberties, Constitution, Criminal Justice, Torture.
Tags: Afghanistan War, forced feeding, Guantanamo, Guantanamo detainees, hunger strike, ionnocence project, john grisham, nabil hadjarab, obama torture, roger hollander, torture
Roger’s note: I am an unrepentant Grisham addict. In addition to being a page-turning novelist, he writes about and combats injustice.
Joe Raedle/Getty Images
A restraint chair used to force-feed detainees at the military hospital at Guantánamo Bay, Cuba.
By JOHN GRISHAM
Published: August 10, 2013
ABOUT two months ago I learned that some of my books had been banned at Guantánamo Bay. Apparently detainees were requesting them, and their lawyers were delivering them to the prison, but they were not being allowed in because of “impermissible content.”
I became curious and tracked down a detainee who enjoys my books. His name is Nabil Hadjarab, and he is a 34-year-old Algerian who grew up in France. He learned to speak French before he learned to speak Arabic. He has close family and friends in France, but not in Algeria. As a kid growing up near Lyon, he was a gifted soccer player and dreamed of playing for Paris St.-Germain, or another top French club.
Tragically for Nabil, he has spent the past 11 years as a prisoner at Guantánamo, much of the time in solitary confinement. Starting in February, he participated in a hunger strike, which led to his being force-fed.
For reasons that had nothing to do with terror, war or criminal behavior, Nabil was living peacefully in an Algerian guesthouse in Kabul, Afghanistan, on Sept. 11, 2001. Following the United States invasion, word spread among the Arab communities that the Afghan Northern Alliance was rounding up and killing foreign Arabs. Nabil and many others headed for Pakistan in a desperate effort to escape the danger. En route, he said, he was wounded in a bombing raid and woke up in a hospital in Jalalabad.
At that time, the United States was throwing money at anyone who could deliver an out-of-town Arab found in the region. Nabil was sold to the United States for a bounty of $5,000 and taken to an underground prison in Kabul. There he experienced torture for the first time. To house the prisoners of its war on terror, the United States military put up a makeshift prison at Bagram Air Base in Afghanistan. Bagram would quickly become notorious, and make Guantánamo look like a church camp. When Nabil arrived there in January 2002, as one of the first prisoners, there were no walls, only razor-wire cages. In the bitter cold, Nabil was forced to sleep on concrete floors without cover. Food and water were scarce. To and from his frequent interrogations, Nabil was beaten by United States soldiers and dragged up and down concrete stairs. Other prisoners died. After a month in Bagram, Nabil was transferred to a prison at Kandahar, where the abuse continued.
Throughout his incarceration in Afghanistan, Nabil strenuously denied any connection to Al Qaeda, the Taliban or anyone or any organization remotely linked to the 9/11 attacks. And the Americans had no proof of his involvement, save for bogus claims implicating him from other prisoners extracted in a Kabul torture chamber. Several United States interrogators told him his was a case of mistaken identity. Nonetheless, the United States had adopted strict rules for Arabs in custody — all were to be sent to Guantánamo. On Feb. 15, 2002, Nabil was flown to Cuba; shackled, bound and hooded.
Since then, Nabil has been subjected to all the horrors of the Gitmo handbook: sleep deprivation, sensory deprivation, temperature extremes, prolonged isolation, lack of access to sunlight, almost no recreation and limited medical care. In 11 years, he has never been permitted a visit from a family member. For reasons known only to the men who run the prison, Nabil has never been waterboarded. His lawyer believes this is because he knows nothing and has nothing to give.
The United States government says otherwise. In documents, military prosecutors say that Nabil was staying at a guesthouse run by people with ties to Al Qaeda and that he was named by others as someone affiliated with terrorists. But Nabil has never been charged with a crime. Indeed, on two occasions he has been cleared for a “transfer,” or release. In 2007, a review board established by President George W. Bush recommended his release. Nothing happened. In 2009, another review board established by President Obama recommended his transfer. Nothing happened.
According to his guards, Nabil is a model prisoner. He keeps his head down and avoids trouble. He has perfected his English and insists on speaking the language with his British lawyers. He writes in flawless English. As much as possible, under rather dire circumstances, he has fought to preserve his physical health and mental stability.
In the past seven years, I have met a number of innocent men who were sent to death row, as part of my work with the Innocence Project, which works to free wrongly convicted people. Without exception they have told me that the harshness of isolated confinement is brutal for a coldblooded murderer who freely admits to his crimes. For an innocent man, though, death row will shove him dangerously close to insanity. You reach a point where it feels impossible to survive another day.
DEPRESSED and driven to the point of desperation, Nabil joined a hunger strike in February. This was not Gitmo’s first hunger strike, but it has attracted the most attention. As it gained momentum, and as Nabil and his fellow prisoners got sicker, the Obama administration was backed into a corner. The president has taken justified heat as his bold and eloquent campaign promises to close Gitmo have been forgotten. Suddenly, he was faced with the gruesome prospect of prisoners dropping like flies as they starved themselves to death while the world watched. Instead of releasing Nabil and the other prisoners who have been classified as no threat to the United States, the administration decided to prevent suicides by force-feeding the strikers.
Nabil has not been the only “mistake” in our war on terror. Hundreds of other Arabs have been sent to Gitmo, chewed up by the system there, never charged and eventually transferred back to their home countries. (These transfers are carried out as secretly and as quietly as possible.) There have been no apologies, no official statements of regret, no compensation, nothing of the sort. The United States was dead wrong, but no one can admit it.
In Nabil’s case, the United States military and intelligence agents relied on corrupt informants who were raking in American cash, or even worse, jailhouse snitches who swapped false stories for candy bars, porn and sometimes just a break from their own beatings.
Last week, the Obama administration announced that it was transferring some more Arab prisoners back to Algeria. It is likely that Nabil will be one of them, and if that happens another tragic mistake will be made. His nightmare will only continue. He will be homeless. He will have no support to reintegrate him into a society where many will be hostile to a former Gitmo detainee, either on the assumption that he is an extremist or because he refuses to join the extremist opposition to the Algerian government. Instead of showing some guts and admitting they were wrong, the American authorities will whisk him away, dump him on the streets of Algiers and wash their hands.
What should they do? Or what should we do?
First, admit the mistake and make the apology. Second, provide compensation. United States taxpayers have spent $2 million a year for 11 years to keep Nabil at Gitmo; give the guy a few thousand bucks to get on his feet. Third, pressure the French to allow his re-entry.
This sounds simple, but it will never happen.