US: Rights Groups Denounce Dropping of CIA Torture Cases September 2, 2012Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
Tags: Abu Ghraib, aclu, cia interrogators, CIA torture, detainee deaths, eric holder, geneva conventions, Guantanamo, Gul Rahman, jim lobe, justice department, Manadel al-Jamadi, roger hollander, torture, waterborading
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WASHINGTON – U.S. human rights groups have roundly condemned Thursday’s announcement by Attorney General Eric Holder that the Justice Department will not pursue prosecutions of Central Intelligence Agency (CIA) officers who may have been responsible for the deaths of two prisoners in their custody.
Rights groups denounced the decision not to pursue prosecutions of CIA officers who may have been responsible for the deaths of two prisoners in their custody. (Credit: Fahim Siddiqi/IPS)
The announcement appeared to mark the end of all efforts by the U.S. government to hold CIA interrogators accountable for torture and mistreating prisoners detained during the so-called “Global War on Terror” launched shortly after the Al Qaeda attacks on Sep. 11, 2001.
For rights activists and for supporters of President Barack Obama, it was the latest in a series of disappointing decisions, including the failure to close the detention facility at the U.S. base in Guantanamo, Cuba. They had hoped Obama would not only end the excesses of President George W. Bush’s prosecution of the war, but also conduct a full investigation of those excesses, if not prosecute those responsible.
“This is truly a disastrous development,” said Laura Pitter, counter-terrorism advisor at Human Rights Watch (HRW). “To now have no accountability whatsoever for any of the CIA abuses for which there are now mountains of evidence is just appalling.”
“It completely undermines the U.S.’s ability to have any credibility on any of these issues in other countries, even as it calls for other countries to account for abuses and prosecute cases of torture and mistreatment,” she told IPS.
“Continuing impunity threatens to undermine the universally recognised prohibition on torture and other abusive treatment and sends the dangerous signal to government officials that there will be no consequences for their use of torture and other cruelty,” noted Jameel Jaffar, deputy legal director of the American Civil Liberties Union (ACLU).
“Today’s decision not to file charges against individuals who tortured prisoners to death is yet another entry in what is already a shameful record.”
In his announcement, Holder suggested that crimes were indeed committed in the two cases that were being investigated by Assistant U.S. Attorney John Durham but that convictions were unlikely.
“Based on the fully developed factual record concerning the two deaths, the department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt,” he said.
The two deaths took place at a secret CIA detention facility known as the Salt Pit in Afghanistan in 2002 and at the notorious Abu Ghraib prison the following year. The victims have been identified as Gul Rahman, a suspected Taliban militant, and Manadel Al-Jamadi, an alleged Iraqi insurgent.
The two were the last reviewed by Durham, who had originally been tasked by Bush’s attorney general, Michael Mukasey, in 2008 with conducting a criminal investigation into CIA interrogators’ use of “waterboarding” against detainees and the apparently intentional destruction of interrogation videotapes that recorded those sessions.
In August 2009, Holder expanded Durham’s mandate to include 101 cases of alleged mistreatment by CIA interrogators of detainees held abroad to determine whether any of them may be liable to prosecution.
At the time, he also stressed that he would not prosecute anyone who acted in good faith and within the scope of the controversial legal guidance given by the Bush administration regarding possible “enhanced interrogation” techniques that could be used against detainees.
Such techniques, which include waterboarding, the use of stress positions and extreme heat and cold, are widely considered torture by human rights groups and international legal experts. As such, they violate the U.N. Convention Against Torture (CAT), as well as the Geneva Conventions and a 1996 U.S. federal law against torture.
Holder’s position was consistent with Obama’s statement, which human rights groups also strongly criticised, shortly after taking office in 2009 that he did not want CIA officials to “suddenly feel like they’ve got to spend all their time looking over their shoulders and lawyering” to escape prosecution and that he preferred “to look forward as opposed to…backwards”.
In his first days in office, Obama ordered all secret CIA detention facilities closed and banned the enhanced techniques authorised by his predecessor.
In late 2010, Durham announced that he would not pursue criminal charges related to the destruction of the CIA videotapes. Seven months later, he recommended that, of the 101 cases of alleged CIA abuse referred to him, only two warranted full criminal investigations in which CIA officers had allegedly exceeded the Bush administration’s guidelines for permissible interrogation techniques.
Now that Holder and Durham have concluded that prosecutions of the individuals involved are unlikely to result in convictions, it appears certain that no CIA officer will be prosecuted in a U.S. jurisdiction. Prosecutions of Bush officials responsible for authorising the “enhanced interrogation” techniques have also been ruled out.
In 2006, a private contractor for the CIA was successfully prosecuted and sentenced to six years in prison for beating an Afghan detainee to death three years before.
Some commentators suggested that these decisions, including the dropping of the two remaining cases, have been motivated primarily by political considerations. Indeed, HRW director Kenneth Roth wrote in an op-ed last year that “dredging up the crimes of the previous administration was seen as too distracting and too antagonistic an enterprise when Republican votes were needed”.
In a statement Thursday, the Republican chairman of the House Intelligence Committee praised Holder’s decision. Republicans protested Holder’s referral of the 101 cases to Durham in 2009.
But rights activists expressed great frustration. Holder’s announcement “is disappointing because it’s well documented that in the aftermath of 9/11, torture and abuse were widespread and systematic,” said Melina Milazzo of Human Rights First (HRF), which has been one of the most aggressive groups in investigating and publicising torture and abuse by U.S. intelligence and military personnel.
“It’s shocking that the department’s review of hundreds of instances of torture and abuse will fail to hold even one person accountable.”
Similarly, the Centre for Constitutional Rights (CCR) noted that Holder’s announcement “belies U.S. claims that it can be trusted to hold accountable Americans who have perpetrated torture and other human rights abuses”.
It said the decision “underscores the need for independent investigations elsewhere, such as the investigation in Spain, to continue”. Victims and rights groups including CCR filed criminal complaints against former Bush officials in Spanish courts in 2009, launching two separate investigations by judges there.
When Obama Whitewashed Rape September 1, 2012Posted by rogerhollander in Barack Obama, Criminal Justice, Human Rights, Torture, Women.
Tags: Abu Ghraib, detainees, feminism, general antonio taguba, Obama, rape, riley waggman, sexual assault, torture, women, women's rights
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Hello friends! Have you heard the terrific news? President Obama stands up for women, and speaks out against rape! “Rape is rape!” Except when the U.S. Military is doing the raping, of course, in which case political expediency requires Barack Obama to whitewash and completely ignore rape, forever.
In May 2009, Barack Obama announced he would not comply with a court order that would have brought hundreds of meticulously documented cases of rape and sexual assault from prisons in Iraq and Afghanistan to the forefront of public debate and scrutiny.
The court order stipulated the release of an estimated 2,000 photographs taken from Abu Ghraib and six other prisons across Iraq and Afghanistan. According to Major General Antonio Taguba, who led the formal inquiry into prisoner abuse at Abu Ghraib, the photographs in question depict “torture, abuse, rape and every indecency.”
Explaining his decision to ignore the order, President Obama argued, “The most direct consequence of releasing [the photographs], I believe, would be to inflame anti-American public opinion and to put our troops in greater danger.”
I think I found the perfect keynote speaker for your college’s next Take Back the Night rally!
President Obama went on to add, apparently with no sense of shame whatsoever, “I want to emphasize that these photos that were requested in this case are not particularly sensational.”
And as a precautionary measure against the possibility that rape is actually “sensational” — especially when perpetrated (and gleefully documented) by the U.S military — the Pentagon’s official position on this matter is that the photographs in question do not even exist. Indeed, it’s unlikely that any of this “rape” stuff even happened. There’s certainly no evidence to support such wild claims.
But what about the video Major General Taguba obtained during his investigation, which shows “a male American soldier in uniform sodomizing a female detainee“? Don’t worry, that’s not “particularly sensational.” No need to fret! Move along! Also: that video doesn’t exist, and that never happened.
How about the photograph that depicts “an American soldier apparently raping a female prisoner”? Or the photograph that shows “a male translator raping a male detainee”? Or the countless photographs which are said to document “sexual assaults on prisoners with objects including a truncheon, wire and a phosphorescent tube”? How about the photo that shows “a female prisoner having her clothing forcibly removed to expose her breasts”?
That’s just a long list of “not particularly sensational”, misinformed speculation. Please try to remember: these photographs don’t even exist, according to the Obama Administration.
Also, this never happened:
Among the graphic statements, which were later released under US freedom of information laws, is that of Kasim Mehaddi Hilas in which he says: “I saw [name of a translator] ******* a kid, his age would be about 15 to 18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard screaming I climbed the door because on top it wasn’t covered and I saw [name] who was wearing the military uniform, putting his **** in the little kid’s ***…. and the female soldier was taking pictures.”
By now we are all well acquainted with Rep. Todd Akin’s ridiculous comments about “legitimate” rape, as well as President Obama’s widely-praised and publicized rebuttal, in which he called Akin’s remarks “offensive.” Obama went on to state, “rape is rape” and that Akin’s comments were “way out there.” As the November election looms, Obama supporters have jumped at the opportunity to contrast the president with the out-of-touch, anti-woman Rep. Akin, the latest poster boy for the Republican War On Women.
Yes, Barack Obama knows that “rape is rape.” Except when the U.S. military rapes women and children. Then rape is “not particularly sensational” or worthy of public disclosure, dialog or debate; then rape never even occurred, probably. And we don’t need to talk about rape that never happened. That’s just common sense, folks.
The President, according to BUST Magazine, has become “the new feminist in town,” and his mighty takedown of Rep. Akin has been enshrined forever in the Annals of Brave Lip Service (“as if you needed another reason to swoon over our amazing president”; “We think feminism looks good on him“).
But Obama’s “rape is rape” lip service to America isn’t for everyone; it doesn’t really “resonate” if you’re a female detainee who was videotaped being raped by a U.S. soldier in uniform and then told that there’s nothing “particularly sensational” about that, no need to cause a commotion, think about the Troops that will be put in harm’s way! This is all silly goose talk anyway, since there is no evidence that such a rape even occurred. (Even though there is.)
But don’t be fooled: Todd Akin’s uninformed, hypothetical conjecturing about rape is the real war crime that needs to be exposed. That’s the real war being fought, in Jezebel Land, which apparently now suffers from “rape fatigue.”
And women will continue to praise Barack Obama for his bravery and feminism. And why shouldn’t they? The alternative is simply too gross to think about; whether a drone strike wiped out an entire village, whether President Obama covered up hundreds of rapes, or whether a phone call was placed by a high official in a forgotten, endless war…The point is, we need to bring Todd Akin to justice, before Jezebel explodes!
Riley Waggaman was the former co-editor of Wonkette.com.
Tags: Abu Ghraib, aclu, afaghnaistan, cia, detainees, eric holder, Gul Rahman, human rights, Iraq, justice department, Manadel al-Jamadi, roger hollander, torture
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Published on Friday, August 31, 2012 by Common Dreams
Years-long Justice Dept. investigation ends without accountability
The CIA will face no charges over the torture and death of detainees while in custody, the U.S. Justice Department announced on Thursday as it ended a criminal investigation begun by Assistant U.S. Attorney John Durham in 2008. Rights groups have called the decision “nothing short of a scandal.”
Gul Rahman, who died in 2002 while being held at a secret CIA facility known as the ‘Salt Pit’ in Afghanistan (photo: AP)
Attorney General Eric Holder said in a statement, “Based on the fully developed factual record concerning the two deaths, the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”
Democracy Now! summarizes the part of the investigation begun in June of 2011 into the deaths of two detainees: “The Justice Department had been probing the deaths of two men: one in Iraq, and one in Afghanistan. Gul Rahman died in 2002 while being held at a secret CIA facility known as the ‘Salt Pit’ in Afghanistan. He had been shackled to a concrete wall in near-freezing temperatures. Manadel al-Jamadi died in 2003 while in CIA custody at Iraq’s notorious Abu Ghraib prison. His corpse was photographed packed in ice and wrapped in plastic.”
The ACLU slammed the decision.
“That the Justice Department will hold no one accountable for the killing of prisoners in CIA custody is nothing short of a scandal,” said Jameel Jaffer, ACLU deputy legal director. “The Justice Department has declined to bring charges against the officials who authorized torture, the lawyers who sought to legitimate it, and the interrogators who used it. It has successfully shut down every legal suit meant to hold officials civilly liable.
“Continuing impunity threatens to undermine the universally recognized prohibition on torture and other abusive treatment and sends the dangerous signal to government officials that there will be no consequences for their use of torture and other cruelty. Today’s decision not to file charges against individuals who tortured prisoners to death is yet another entry in what is already a shameful record.”
The Center for Constitutional Rights also criticized the decision and noted the importance of independent investigations.
“Once again, the United States has shown it is committed to absolving itself of any responsibility for its crimes over the past decade. Today’s announcement belies U.S. claims that it can be trusted to hold accountable Americans who have perpetrated torture and other human rights abuses, and underscores the need for independent investigations elsewhere, such as the investigation underway in Spain, to continue. Impunity does not always cross borders,” the group stated.
War Tribunal Finds Bush, Cheney Guilty of War Crimes May 13, 2012Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War on Terror.
Tags: Abu Ghraib, Alberto Gonzales, crimes against humanity, david addington, Dick Cheney, geneva conventions, George Bush, Guantanamo, jay bybee, john yoo, kuala lumpur, nuremberg, roger hollander, rumsfeld, Tan Sri Lamin Mohd Yunus, torture, torture victims, War Crimes, william haynes
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Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims
Former US President George W Bush, his Vice-President Dick Cheney and six other members of his administration have been found guilty of war crimes by a tribunal in Malaysia.
Kuala Lumpur War Crimes Tribunal president judge Tan Sri Lamin Mohd Yunus (center) delivering the verdict yesterday. He is flanked by says reparations should be given to the complainant war crime victims. With him are Prof Salleh Buang (left) and Datuk Mohd Sa’ari Yusof. (Photo/Hasriyasyah Sabudin) Bush, Cheney, Defense Secretary Donald Rumsfeld and five of their legal advisers were tried in their absence and convicted on Saturday.
Victims of torture told a panel of five judges in Kuala Lumpur of their suffering at the hands of US soldiers and contractors in Iraq and Afghanistan.
Among the evidence, Briton Moazzam Begg, an ex-Guantanamo detainee, said he was beaten, put in a hood and left in solitary confinement. Iraqi woman Jameelah Abbas Hameedi said she was stripped and humiliated in the notorious Abu Ghraib prison.
Transcripts of the five-day trial will be sent to the chief prosecutor at the International Criminal Court, the United Nations and the Security Council.
A member of the prosecution team, Professor Francis Boyle of Illinois University’s College of Law, said he was hopeful that Bush and his colleagues could soon find themselves facing similar trials elsewhere in the world.
The eight accused are Bush; former US Vice President Richard Cheney; former US Defense secretary Donald Rumsfeld; former Counsel to Bush, Alberto Gonzales; former General Counsel to the Vice President, David Addington; former General Counsel to the Defense Secretary, William Haynes II; former Assistant Attorney General Jay Bybee and former Deputy Assistant Attorney General John Yoo.
Tribunal president judge Tan Sri Lamin Mohd Yunus said the eight accused were also individually and jointly liable for crimes of torture in accordance with Article 6 of the Nuremberg Charter. “The US is subject to customary international law and to the principles of the Nuremberg Charter and exceptional circumstances such as war, instability and public emergency cannot excuse torture.”
* * *
The Star (Kuala Lumpur, Malaysia) reports:
Bush Found Guilty of War Crimes
KUALA LUMPUR: The War Crimes Tribunal has convicted former US President George W. Bush and seven of his associates as war criminals for torture and inhumane treatment of war crime victims at US military facilities.
However, being a tribunal of conscience, the five-member panel chaired by tribunal president judge Lamin Mohd Yunus had no power to enforce or impose custodial sentence on the convicted eight.
“We find the witnesses, who were victims placed in detention illegally by the convicted persons and their government, are entitled to payment of reparations,” said Lamin at a public hearing held in an open court at the Kuala Lumpur Foundation to Criminalize War yesterday.
He added that the tribunal’s award of reparations would be submitted to the War Crimes Commission and recommended the victims to find a judiciary entity that could enforce the verdict.
The tribunal would also submit the finding and records of the proceedings to the Chief Prosecutor of the International Criminal Court, the United Nations’ Security Council.
On Thursday, head of the prosecution Prof Gurdial Singh Nijar said Bush had issued an executive order to commit war crimes in Iraq and Afghanistan.
Five former Iraqi detainees, who were tortured while being detained in various prisons, including Guantanamo Bay, were called to give their testimonies before the Tribunal during the trial which started on May 7.
* * *
The Malaysia Sun reports:
[...] In a unanimous vote on Saturday the symbolic Malaysian war crimes tribunal, part of an initiative by former Malaysian premier Mahathir Mohamad, found the former US President guilty of war crimes and crimes against humanity.
Former Malaysian Premier Mahatir Mohamad said of Bush and others: “These are basically murderers and they kill on large scale.”Seven of his former political associates, including former Vice President Dick Cheney and former Defense Secretary Donald Rumsfeld, were also found guilty of war crimes and torture.
Press TV has reported the court heard evidence from former detainees in Iraq and Guantanamo Bay of torture methods used by US soldiers in prisons run by the American forces.
One former inmate described how he had been subjected to electric shocks, beatings and sexual abuse over a number of months.
A high ranking former UN official, former UN Assistant Secretary General, Denis Halliday, who also attended the trial, later told Press TV that the UN had been too weak during the Bush administration to enforce the Geneva Conventions.
He said: “The UN is a weak body, corrupted by member states, who use the Security Council for their own interests. They don’t respect the charter. They don’t respect the international law. They don’t respect the Geneva Conventions… A redundant, possibly a dangerous, and certainly corrupted organization.”
Following the hearing, former Malaysian premier Mahatir said of Bush and others: “These are basically murderers and they kill on large scale.”
It was the second so-called war crimes tribunal in Malaysia.
The token court was first held in November 2011 during which Bush and former British Prime Minister Tony Blair were found guilty of committing “crimes against peace” during the Iraq war.
Welcome to Boston, Mr. Rumsfeld. You Are Under Arrest. September 23, 2011Posted by rogerhollander in Criminal Justice, Human Rights, Iraq and Afghanistan, Torture.
Tags: Abu Ghraib, abu ghraib photos, alberto gonzalez, andy worthington, bagram, binyam mohamed, camp cropper, CIA torture, Dick Cheney, dilawar, donald rumsfeld, donald vance, general daniel mcneill, general geoffrey miller, general john gardner, general taguba, geneva conventions, George W. Bush, Guantanamo, International law, janis karpinski, jay bybee, jose padilla, judge gladys kessler, Khalid Sheikh Mohammed, lawrence wilkerson, lindsey graham, lyndie england, nathan ertel, nuremberg, obama administration, ralph lopez, roger hollander, torture, torture techniques, universal jurisdiction, War Crimes, waterborading, william colby, willie brand
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September 23, 2011
By Ralph Lopez
Torture Room, Abu Ghraib
Republican Senator Lindsey Graham told reporters in 2004of photos withheld by the Defense Department from Abu Ghraib, “The American public needs to understand, we’re talking about rape and murder here…We’re not just talking about giving people a humiliating experience. We’re talking about rape and murder and some very serious charges.” And journalist Seymour Hersh says: “boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has.”
Rumsfeld resigned days before a criminal complaintwas filed in Germany in which the American general who commanded the military police battalion at Abu Ghraib had promised to testify. General Janis Karpinski in an interview with Salon.comwas asked: “Do you feel like Rumsfeld is at the heart of all of this and should be held completely accountable for what happened [at Abu Ghraib]?”
Karpinski answered: “Yes, absolutely.” In the criminal complaint filed in Germany against Rumsfeld, Karpinski submitted 17 pages of testimonyand offered to appear before the German prosecutor as a witness. Congressman Kendrick Meek of Florida, who participated in the hearings on Abu Ghraib, said of Rumsfeld: “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything.”
And Major General Antonio Taguba, who led the official Army investigation into Abu Ghraib, said in his report:
“there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.”
Abu Ghraib Prisoner Smeared with Feces
In a puzzling and incriminating move, Camp Cropper base commander General John Gardner ordered Nathan Ertel released on May 17, 2006, while keeping Donald Vance in detention for another two months of torture. By ordering the release of one man but not the other, Gardner revealed awareness of the situation but prolonged it at the same time.
It is unlikely that Gardner could act alone in a situation as sensitive as the illegal detention and torture of two Americans confirmed by the FBI to be working undercover in the national interest, to prevent American weapons and munitions from reaching the hands of insurgents, for the sole purpose of using them to kill American troops. Vance and Ertel suggest he was acting on orders from the highest political level.
The forms of torture employed against the Americans included “techniques” which crop up frequently in descriptions of Iraqi and Afghan prisoner abuse at Bagram, Guantanamo, and Abu Ghraib. They included “walling,” where the head is slammed repeatedly into a concrete wall, sleep deprivation to the point of psychosis by use of round-the-clock bright lights and harsh music at ear-splitting volume, in total isolation, for days, weeks or months at a time, and intolerable cold.
The 7th Circuit ruling is the latest in a growing number of legal actions involving hundreds of former prisoners and torture victims filed in courts around the world. Criminal complaints have been filed against Rumsfeld and other Bush administration officials in Germany, France, and Spain. Former President Bush recently curbed travel to Switzerlanddue to fear of arrest following criminal complaints lodged in Geneva. “He’s avoiding the handcuffs,” Reed Brody, counsel for Human Rights Watch, told Reuters. And this month Canadian citizens forced Bush to cancel an invitation-only appearance in Toronto.
And the Mayor of London threatened Bush with arrest for war crimes earlier this year should he ever set foot in his city, saying that were heto land in London to “flog his memoirs,” that “the real trouble — from the Bush point of view — is that he might never see Texas again.”
Former Secretary of State Colin Powell’s Chief-of-Staff Col. Lawrence Wilkerson surmised on MSNBCearlier this year that soon, Saudi Arabia and Israel will be “the only two countries Cheney, Rumsfeld and the rest will travel too.”
Abu Ghraib: Dog Bites
What would seem to make Rumsfeld’s situation more precarious is the number of credible former officials and military officers who seem to be eager to testify against him, such as Col. Wilkerson and General Janis Karpinsky.
In a signed declaration in support of torture plaintiffs in a civil suit naming Rumsfeld in the US District Court for the District of Columbia, Col. Wilkerson, one of Rumsfeld’s most vociferous critics, stated:“I am willing to testify in person regarding the content of this declaration, should that be necessary.” That declaration, among other things, affirmed that a documentary on the chilling murder of a 22-year-old Afghan farmer and taxi driver in Afghanistan was “accurate.” Wilkerson said earlier this yearthat in that case, and in the case of another murder at Bagram at about the same time, “authorization for the abuse went to the very top of the United States government.”
The young farmer’s name was Dilawar. The New York Times reported on May 20, 2005:
“Four days before [his death,] on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.
On the day that he disappeared, Mr. Dilawar’s mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. However, he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.”
Dilawar’s misfortune was to drive past the gate of an American base which had been hit by a rocket attack that morning. Dilawar and his fares were arrested at a checkpoint by a warlord, who was later suspected of mounting the rocket attack himself, and then turning over randam captures like Dilawar in order to win trust.
“Guards at Bagram routinely kneed prisoners in their thighs — a blow called a “peroneal strike”…Whenever a guard did this to Dilawar, he would cry out, “Allah! Allah!” Some guards apparently found this amusing, and would strike him repeatedly to show off the behavior to buddies.
One military policeman told investigators, “Everybody heard him cry out and thought it was funny. … It went on over a 24-hour period, and I would think that it was over 100 strikes.”"Dilawar was shackled from the ceiling much of the time, with his feet barely able to touch the ground. On the last day of his life, after 4 days at Bagram, an interpreter who was present said his legs were bouncing uncontrollably as he sat in a plastic chair. He had been chained by the wrists to the top of his cell for much of the previous four days.
The New York Times reported that on the last day of his life, four days after he was arrested:
“Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar’s face.
“Come on, drink!” the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. “Drink!”
At the interrogators’ behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.
“Leave him up,” one of the guards quoted Specialist Claus as saying.”
The next time the prison medic saw Dilawar a few hours later, he was dead, his head lolled to one side and his body beginning to stiffen. A coroner would testify that his legs “had basically been pulpified.”The Army coroner, Maj. Elizabeth Rouse, said: “I’ve seen similar injuries in an individual run over by a bus.” She testified that had he lived, Dilawar’s legs would have had to be amputated.
Despite the military’s false statement that Dilawar’s death was the result of “natural causes,” Maj. Rouse marked the death certificate as a “homicide” and arranged for the certificate to be delivered to the family. The military was forced to retract the statement when a reporter for the New York Times, Carlotta Gall, tracked down Dilawar’s family in Afghanistan and was given a folded piece of paper by Dilawar’s brother. It was the death certificate, which he couldn’t read, because it was in English.
The practice of forcing prisoners to stand for long periods of time, links Dilawar’s treatment to a memo which bears Rumsfeld’s own handwriting on that particular subject. Obtained through a Freedom of Information Act Request, the memo may show how fairly benign-sounding authorizations for clear circumventions of the Geneva Conventions may have translated into gruesome practice on the battlefield.
The memo, which addresses keeping prisoners “standing” for up to four hours, is annotated with a note initialed by Rumsfeld reading: “”I stand for 8–10 hours a day. Why is standing limited to 4 hours?” Not mentioned in writing anywhere is anything about accomplishing this by chaining prisoners to the ceiling. There is evidence that, unable to support his weight on tiptoe for the days on end he was chained to the ceiling, Dilawars arms dislocated, and they flapped around uselessly when he was taken down for interrogation. The National Catholic Reporter writes “They flapped like a bird’s broken wings”
Contradicting, on the record, a February 2003 statement by Rumsfeld’s top commander in Afghanistan at the time, General Daniel McNeill, that “we are not chaining people to the ceilings,” is Spc. Willie Brand, the only soldier disciplined in the death of Dilawar, with a reduction in rank. Told of McNeill’s statement, Brand told Scott Pelley on 60 Minutes: “Well, he’s lying.” Brand said of his punishment: “I didn’t understand how they could do this after they had trained you to do this stuff and they turn around and say you’ve been bad”
Dilawar’s daughter and her grandfather
Binyam Mohamed was seized by the Pakistani Forces in April 2002 and turned over to the Americans for a $5,000 bounty. He was held for more than five years without charge or trial in Bagram Air Force Base, GuantÃ¡namo Bay, and third country “black” sites.
“They cut off my clothes with some kind of doctor’s scalpel. I was naked. I tried to put on a brave face. But maybe I was going to be raped. Maybe they’d electrocute me. Maybe castrate me…
One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony. They must have done this 20 to 30 times, in maybe two hours. There was blood all over. “I told you I was going to teach you who’s the man,” [one] eventually said.
They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists. I asked for a doctor.”
I was in Morocco for 18 months. Once they began this, they would do it to me about once a month. One time I asked a guard: “What’s the point of this? I’ve got nothing I can say to them. I’ve told them everything I possibly could.”
“As far as I know, it’s just to degrade you. So when you leave here, you’ll have these scars and you’ll never forget. So you’ll always fear doing anything but what the US wants.”
Later, when a US airplane picked me up the following January, a female MP took pictures. She was one of the few Americans who ever showed me any sympathy. When she saw the injuries I had she gasped. They treated me and took more photos when I was in Kabul. Someone told me this was “to show Washington it’s healing”.
The obvious question for any prosecutor in Binyam’s case is: Who does “Washington” refer to? Rumsfeld? Cheney? Is it not in the national interest to uncover these most depraved of sadists at the highest level? US Judge Gladys Kessler, in her findings on Binyam made in relation to a Guantanamo prisoner’s petition, found Binyam exceedingly credible. She wrote:
“His genitals were mutilated. He was deprived of sleep and food. He was summarily transported from one foreign prison to another. Captors held him in stress positions for days at a time. He was forced to listen to piercingly loud music and the screams of other prisoners while locked in a pitch-black cell. All the while, he was forced to inculpate himself and others in plots to imperil Americans. The government does not dispute this evidence.”
Obama: Torturers’ Last Defense
The prospect of Rumsfeld in a courtroom cannot possibly be relished by the Obama administration, which has now cast itself as the last and staunchest defender of the embattled former officials, including John Yoo, Alberto Gonzalez, Judge Jay Bybee, Dick Cheney, George W. Bush, and others. The administration employed an unprecedented twisting of arms in order to keep evidence in a lawsuit which Binyam had filedin the UK suppressed, threatening an end of cooperation between the British MI5 and the CIA. This even though the British judges whose hand was forced puzzled that the evidence “contained “no disclosure of sensitive intelligence matters.” The judges suggested another reason for the secrecy requested by the Obama administration, that it might be “politically embarrassing.”
The Obama Justice Department’s active involvement in seeking the dismissal of the cases is by choice, as the statutory obligation of the US Attorney General to defend cases against public officials ends the day they leave office. Indeed, the real significance of recent court decisions, the one by the 7th Circuit and yet another against Rumsfeld in a DC federal court, may be the clarification the common misconception that high officials are forever immune for crimes committed while in office, in the name of the state. The misconception persists despite just a moment of thought telling one that if this were true, Hermann Goering, Augusto Pinochet, and Charles Taylor would never have been arrested, for they were all in office at the time they ordered atrocities, and they all invoked national security.
Andy Worthington writes that:
“As it happens, one of the confessions that was tortured out of Binyam is so ludicrous that it was soon dropped…The US authorities insisted that Padilla and Binyam had dinner with various high-up members of al-Qaeda the night before Padilla was to fly off to America. According to their theory the dinner party had to have been on the evening of 3 April in Karachi … Binyam was meant to have dined with Khalid Sheikh Mohammed, Abu Zubaydah, Sheikh al-Libi, Ramzi bin al-Shibh and Jose Padilla.” What made the scenario “absurd,” as [Binyam's lawyer] pointed out, was that “two of the conspirators were already in U.S. custody at the time — Abu Zubaydah was seized six days before, on 28 March 2002, and al-Libi had been held since November 2001.”"
The charges against Binyam were dropped, after the prosecutor, Lieutenant Colonel Darrel Vandeveld, resigned. He told the BBC later that he had concerns at the repeated suppression of evidence that could prove prisoners’ innocence.
The litany of tortures alleged against Rumsfeld in the military prisons he ran could go on for some time. The new photographic images from Abu Ghraib make it hard to conceive of how the methods of torture and dehumanization could have possibly served a national purpose.
The approved use of attack dogs, sexual humiliation, forced masturbation, and treatments which plumb the depths of human depravity are either documented in Rumsfeld’s own memos, or credibly reported on.
The techniques devised in the system, called R2I – resistance to interrogation – match the crude exploitation and abuse of prisoners at the Abu Ghraib jail in Baghdad.
One former British special forces officer who returned last week from Iraq, said: “It was clear from discussions with US private contractors in Iraq that the prison guards were using R2I techniques, but they didn’t know what they were doing.”"
Torture Now Aimed at Americans, Programs Designed to Obtain False Confessions, Not Intelligence
The worst of the worst is that Rumsfeld’s logic strikes directly at the foundations of our democracy and the legitimacy of the War on Terror. The torture methods studied and adopted by the Bush administration were not new, but adopted from the Survival, Evasion, Resistance, and Escape program (SERE) which is taught to elite military units. The program was developed during the Cold War, in response to North Korean, Chinese, and Soviet Bloc torture methods. But the aim of those methods was never to obtain intelligence, but to elicit false confessions. The Bush administration asked the military to “reverse engineer” the methods, i.e. figure out how to break down resistance to false confessions.
In the 2008 Senate Armed Services Committee reportwhich indicted high-level Bush administration officials, including Rumsfeld, as bearing major responsibility for the torture at Abu Gharib, Guantanamo, and Bagram, the Committee said:
“SERE instructors explained “Biderman’s Principles” — which were based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War — and left with GTMO personnel a chart of those coercive techniques.”
The Biderman Principles were based on the work of Air Force Psychiatrist Albert Biderman, who wrote the landmark “Communist Attempts to Elecit False Confessions from Air Force Prisoners of War,” on which SERE resistance was based. Biderman wrote:
“The experiences of American Air Force prisoners of war in Korea who were pressured for false confessions, enabled us to compile an outline of methods of eliciting compliance, not much different, it turned out, from those reported by persons held by Communists of other nations. I have prepared a chart showing a condensed version of this outline.”
The chart is a how-to for communist torturers interested only in false confessions for propaganda purposes, not intelligence. It was the manual for, in Biderman’s words, “brainwashing.” In the reference for Principle Number 7, “Degradation,” the chart explains:
“Makes Costs of Resistance Appear More Damaging to Self-Esteem than Capitulation; Reduces Prisoner to “Animal Level…Personal Hygiene Prevented; Filthy, Infested Surroundings; Demeaning Punishments; Insults and Taunts; Denial of Privacy”
Appallingly, this could explain that even photos such as those of feces-smeared prisoners at Abu Ghraib might not, as we would hope, be only the individual work of particularly demented guards, but part of systematic degradation authorized at the highest levels.
Exhibit: Abu Ghraib, Female POW
This could go far toward explaining why the Bush administration seemed so tone-deaf to intelligence professionals, including legendary CIA Director William Colby, who essentially told them they were doing it all wrong. A startling level of consensus existed within the intelligence community that the way to produce good intelligence was to gain the trust of prisoners and to prove everything they had been told by their recruiters, about the cruelty and degeneracy of America, to be wrong.
But why would the administration care about what worked to produce intelligence, if the goal was never intelligence in the first place? What the Ponzi scheme of either innocent men or low-level operatives incriminating each other DID accomplish, was produce a framework of rapid successes and trophies in the new War on Terror.
And now, American contractors Vance and Ertel show, unless there are prosecutions, the law has effectively changed and they can do it to Americans. Jane Mayer in the New Yorker describes a new regime for prisoners which has become coldly methodical, quoting a report issued by the Parliamentary Assembly of the Council of Europe, titled “Secret Detentions and Illegal Transfers of Detainees.” In the report on the CIA paramilitary Special Activities Division detainees were “taken to their cells by strong people who wore black outfits, masks that covered their whole faces, and dark visors over their eyes.”
Mayer writes that a former member of a C.I.A. transport team has described the “takeout” of prisoners as:
“a carefully choreographed twenty-minute routine, during which a suspect was hog-tied, stripped naked, photographed, hooded, sedated with anal suppositories, placed in diapers, and transported by plane to a secret location.”
A person involved in the Council of Europe inquiry, referring to cavity searches and the frequent use of suppositories, likened the treatment to “sodomy.” He said, “It was used to absolutely strip the detainee of any dignity. It breaks down someone’s sense of impenetrability.”
Of course we have seen these images before, in the trial balloon treatment of Jose Padilla, the first American citizen arrested and declared “enemy combatant” in the first undeclared war without end. The designation placed Padilla outside of his Bill of Rights as an American citizen even though he was arrested on American soil. Padilla was kept in isolation and tortured for nearly 4 years before being released to a civilian trial, at which point according to his lawyer he was useless in his own defense, and exhibited fear and mistrust of everyone, complete docility, and a range of nervous facial tics.
Jose Padilla in Military Custody
Rumsfeld’s avuncular “golly-gee, gee-whiz” performances in public are legendary. Randall M. Schmidt, the Air Force Lieutenant General appointed by the Army to investigate abuses at Guantanamo, and who recommended holding Rumsfeld protege and close associate General Geoffrey Miller “accountable” as the commander of Guantanamo, watched Rumsfeld’s performance before a House Committee with some interest. “He was going, “My God! Did I authorize putting a bra and underwear on this guy’s head and telling him all his buddies knew he was a homosexual?’ “
But General Taguba said of Rumsfeld: “Rummy did what we called “case law’ policy — verbal and not in writing. What he’s really saying is that if this decision comes back to haunt me I’ll deny it.”
Taguba went on: “Rumsfeld is very perceptive and has a mind like a steel trap. There’s no way he’s suffering from C.R.S.–Can’t Remember sh*t.”
Miller was the general deployed by Rumsfeld to “Gitmo-ize” Abu Ghraib in 2003 after Rumsfeld had determined they were being too “soft” on prisoners. He said famously in one memo “you have to treat them like dogs.” General Karpinski questioned the fall of Charles Graner and Lyndie England as the main focus of low-level “bad apple” abuse in the Abu Ghraib investigations. “Did Lyndie England deploy with a dog leash?” she asks.
Exhibit: Dog deployed at Abu Ghraib, mentally-ill prisoner
Abu Ghraib prisoner in “restraint” chair, screaming “Allah!!”
Rumsfeld’s worry now is the doctrine of Universal Jurisdiction, as well as ordinary common law. The veil of immunity stripped in civil cases would seem to free the hand of any prosecutor who determines there is sufficient evidence that a crime has been committed based on available evidence. A grand jury’s bar for opening a prosecution is minimal. It has been said “a grand jury would indict a ham sandwich.” Rumsfeld, and the evidence against him, would certainly seem to pass this test.
The name Dilawar translates to English roughly as “Braveheart.” Let us pray he had one to endure the manner of his death. But the more spiritual may believe that somehow it had a purpose, to shock the world and begin the toppling of unimaginable evil among us. Dilawar represented the poorest of the poor and most powerless, wanting only to pick up his three sisters, as his mother had told him to, for the holiday. The question now is whether Americans will finally draw a line, as the case against Rumsfeld falls into place and becomes legally bulletproof. Andy Worthington noted that the case for prosecutors became rock solid when Susan Crawford, senior Pentagon official overseeing the Military Commissions at GuantÃ¡namo — told Bob Woodward that the Bush administration had “met the legal definition of torture.”
As Rumsfeld continues his book tour and people like Dilawar are remembered, it is not beyond the pale that an ambitious prosecutor, whether local, state, or federal, might sense the advantage. It is perhaps unlikely, but not inconceivable, that upon landing at Logan International Airport on Wed., Sept. 21st, or similarly anywhere he travels thereafter, Rumsfeld could be greeted with the words such as: “Welcome to Boston, Mr. Secretary. You are under arrest.”
Take action — click here to contact your local newspaper or congress people:
Prosecute Rumsfeld NOW for torture!
RELEVANT US CODE:
a. Conspiracy to torture in violation of the U.S. Code, in both Title 18, Section 2340
b. Conspiracy to commit war crimes including torture, cruel or inhuman treatment, murder, mutilation or maiming and intentionally causing serious bodily injury in violation of Title 18, Section 2441
Massachusetts Attorney General Martha Coakley:
email: Email address removed
One Ashburton Place
Boston, MA 02108 -1518
Phone: (617) 727-2200 begin_of_the_skype_highlighting (617) 727-2200 end_of_the_skype_highlighting//Here is the contact info for members of the Boston City Council, which could pass a resolution directing the Police Commissioner to arrest Rumsfeld on sight (google Brattleboro Resolution, George W. Bush):
And Gov. Duval Patrick has an obligation to order the state police to do the same: CONTACT FORM
Local District Attorneys
Berkshire County: District Attorney David F. Capeless
Elected November 2006
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Bristol County District Attorney C. Samuel Sutter
Appointed March 2004
Elected November 2004
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Cape & Islands District Attorney Michael O’Keefe
Elected November 2002
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Essex County: District Attorney Jonathan W. Blodgett
Elected November 2002
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Hampden District Attorney Mark Mastroianni
OFFICE ADDRESS: Hall of Justice
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Middlesex County: District Attorney Gerard T. Leone, Jr.
Elected November 2006
OFFICE ADDRESS: 15 Commonwealth Avenue
Woburn, MA 01801
PHONE: (781) 897-8300 begin_of_the_skype_highlighting (781) 897-8300 end_of_the_skype_highlighting
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Norfolk District Attorney Michael Morrissey
OFFICE ADDRESS: 45 Shawmut Ave.
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Northwestern http://www.mass.gov/…< a href=”http://media.fastclick.net/w/click.here?sid=48406&m=6&c=1″ target=”_blank”><img src=”http://media.fastclick.net/w/get.media?sid=48406&m=6&tp=8&d=s&c=1″ width=300 height=250 border=1></Plymouth District Attorney Timothy J. Cruz
Appointed November 2001
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Brockton, MA 02303
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Suffolk County: District Attorney Daniel F. Conley
Appointed January 2002
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Boston, MA 02114
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Worcester District Attorney Joseph D. Early, Jr.
Elected November 2006
OFFICE ADDRESS: Courthouse – Room 220
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Worcester, MA 01608
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Tags: Abu Ghraib, cheney, cia prisons, convention against torture, detainees, doj, eric holder, george busy, george tenet, Guantanamo, hrw, human rights, International law, justice department, naseema noor, olc, rendition, roger hollander, rumsfeld, torture, torture memos, waterboarding
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Published on Tuesday, July 12, 2011 by Inter Press Service
WASHINGTON – Senior officials under the former George W. Bush administration knowingly authorized the torture of terrorism suspects held under United States custody, a Human Right Watch (HRW) report released here Tuesday revealed.
Titled “Getting Away with Torture”, the 107-page report presents a plethora of evidence that HRW says warrants criminal investigations against former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld, former Central Intelligence Agency (CIA) Director George Tenet and Bush himself, among others. (photo: pantagrapher)
Titled “Getting Away with Torture”, the 107-page report presents a plethora of evidence that HRW says warrants criminal investigations against former Vice President Dick Cheney, former Secretary of Defense Donald Rumsfeld, former Central Intelligence Agency (CIA) Director George Tenet and Bush himself, among others.
Newly de-classified memos, transcriptions of congressional hearings, and other sources indicate that Bush officials authorized the use of interrogation techniques almost universally considered torture – such as waterboarding – as well as the operation of covert CIA prisons abroad and the rendition of detainees to other countries where they were subsequently tortured.
HRW also criticized the United States under the current Barack Obama administration for failing to meets it obligations under the United Nations Convention Against Torture to investigate acts of torture and other inhumane treatment.
“President Obama has defended the decision not to prosecute officials in his predecessor’s administration by arguing that the country needs ‘to look forward, not backward,’” said HRW executive director Kenneth Roth. “[He] has treated torture as an unfortunate policy choice rather than a crime.”
To date, both the Bush and Obama administrations have successfully prevented courts from reviewing the merits of torture allegations in civil lawsuits by arguing that the cases involve sensitive information, which, if revealed, might endanger national security.
Last year, Bush defended the use of waterboarding on the grounds that the Justice Department deemed it legal. In 2002, lawyers in the Office of Legal Counsel had drafted memos approving the legality of a list of abusive interrogation techniques, including waterboarding. However, HRW documents evidence that shows senior administration officials pressured the politically-appointed lawyers to write these legal justifications.
“Senior Bush officials shouldn’t be allowed to shape and hand-pick legal advice and then hide behind it as if were autonomously delivered,” Roth said.
HRW further recommends that Congress establish an independent, nonpartisan commission to examine the mistreatment of detainees in U.S. custody since the Sept. 11, 2001 terrorist attacks against the World Trade Center and the Pentagon and compensate victims of torture, as required by the U.N. Convention Against Torture.
“Without [a commission], torture very much remains within the toolbox of accepted policies. People are not going to back away from it until there is accountability,” Karen Greenberg, executive director of New York University’s Center on Law and Security and author of “The Least Worst Place: Guantanamo’s First 100 Days”, told IPS.
In 2009, U.S. Attorney General Eric Holder appointed a special prosecutor to investigate detainee abuse, but limited the mandate to only “unauthorized” acts, which effectively excluded violations like waterboarding and forcing prisoners to maintain stress positions that were approved by the Bush administration.
But on Jun. 30 of this year, the Justice Department announced that it would continue probing only two of nearly 100 allegations of torture. The open cases involve the deaths of two men – Manadel al-Jamadi, an Iraqi, and Gul Rahman, an Afghan – in CIA custody.
Human and civil rights group criticized the narrow scope of the torture investigations, while HRW said they failed to address the systematic character of the abuses.
“The U.S. government’s pattern of abuse across several countries did not result from acts of individuals who broke the rules,” Roth said. “It resulted from decisions made by senior U.S. officials to bend, ignore, or cast aside the rules.” If the U.S. does not pursue criminal investigations, HRW is urging other countries to exercise universal jurisdiction under international law and prosecute the aforementioned officials.
A number of former detainees have already taken this step by filing criminal complaints in courts outside of the U.S.
In February 2011, alleged victims of torture living in Switzerland planned to file a suit against Bush, causing him to cancel his trip there.
Another investigation is underway in Spain, where the Center for Constitutional Rights and the European Center for Constitutional and Human Rights requested a subpoena for a former commander of the Abu Ghraib prison to explain his role in the alleged torture of four detainees.
Washington’s failure to investigate its own citizens for abuses like torture ultimately undercuts its efforts to hold other governments accountable for human rights violations, according to HRW.
“The U.S. is right to call for justice when serious international crimes are committed in places like Darfur, Libya, and Sri Lanka, but there should be no double standards,” Roth said.
“When the U.S. government shields its own officials from investigation and prosecution, it makes it easier for others to dismiss global efforts to bring violators of serious crimes to justice,” he added.
Failing to prosecute ultimately sends the message that “if you are powerful, you can get away with even torture,” Greenberg said.
Torture Crimes Officially, Permanently Shielded July 1, 2011Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture.
Tags: Abu Ghraib, antonio taguba, black sites, bush cheney torture, bush lawyers, CIA torture, Criminal Justice, doj, eric holder, geneva conventions, glenn greenwald, International law, mccaffrey, obama torture, rendition, roger hollander, rule of law, torture, torture deaths, toture regime
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In August, 2009, Attorney General Eric Holder — under continuous, aggressive prodding by the Obama White House — announced that three categories of individuals responsible for Bush-era torture crimes would be fully immunized from any form of criminal investigation and prosecution: (1) Bush officials who ordered the torture (Bush, Cheney, Rice, Powell, Ashcroft, Rumsfeld); (2) Bush lawyers who legally approved it (Yoo, Bybee, Levin), and (3) those in the CIA and the military who tortured within the confines of the permission slips they were given by those officials and lawyers (i.e., “good-faith” torturers). The one exception to this sweeping immunity was that low-level CIA agents and servicemembers who went so far beyond the torture permission slips as to basically commit brutal, unauthorized murder would be subject to a “preliminary review” to determine if a full investigation was warranted — in other words, the Abu Ghraib model of justice was being applied, where only low-ranking scapegoats would be subject to possible punishment while high-level officials would be protected.
Yesterday, it was announced that this “preliminary review” by the prosecutor assigned to conduct it, U.S. Attorney John Durham, is now complete, and — exactly as one would expect — even this category of criminals has been almost entirely protected, meaning a total legal whitewash for the Bush torture regime:
The Justice Department has opened full criminal investigations of the deaths in CIA custody of two detainees, including one who perished at Iraq’s notorious Abu Ghraib prison, U.S. officials said Thursday.
The decision, announced by Attorney General Eric H. Holder Jr., means continued legal jeopardy for several CIA operatives but at the same time closes the book on inquiries that potentially threatened many others. A federal prosecutor reviewed 101 cases in which agency officers and contractors interrogated suspected terrorists during years of military action after the Sept. 11, 2001, attacks but found cause to pursue criminal cases in only two. . . .
The two token cases to be investigated involve the most grotesque brutality imaginable: they apparently are (1) a detainee who froze to death in an American secret prison in Afghanistan in 2002 after being ordered stripped and chained to a concrete floor, and (2) the 2003 death of a detainee at Abu Ghraib whose body was infamously photographed by Abu Ghraib giving a thumbs-up sign. All other crimes in the Bush torture era will be fully protected. Lest there be any doubt about what a profound victory this is for those responsible for the torture regime, consider the reaction of the CIA:
“On this, my last day as director, I welcome the news that the broader inquiries are behind us,” said a statement from CIA Director Leon Panetta, who will take over as defense secretary on Friday. “We are now finally about to close this chapter of our agency’s history” . . . . At CIA headquarters on Thursday, Holder’s announcement was greeted with relief. . . .
Consider what’s being permanently shielded from legal accountability. The Bush torture regime extended to numerous prisons around the world, in which tens of thousands of mostly Muslim men were indefinitely imprisoned without a whiff of due process, and included a network of secret prisons — “black sites” — purposely placed beyond the monitoring reach of even international human rights groups, such as the International Red Cross.
Over 100 detainees died during U.S. interrogations, dozens due directly to interrogation abuse. Gen. Barry McCaffrey said: “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the C.I.A.” Maj. Gen. Antonio Taguba, who oversaw the official investigation into detainee abuse, wrote: “there is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”
Thanks to the Obama DOJ, that is no longer in question. The answer is resoundingly clear: American war criminals, responsible for some of the most shameful and inexcusable crimes in the nation’s history — the systematic, deliberate legalization of a worldwide torture regime — will be fully immunized for those crimes. And, of course, the Obama administration has spent years just as aggressively shielding those war criminals from all other forms of accountability beyond the criminal realm: invoking secrecy and immunity doctrines to prevent their victims from imposing civil liability, exploiting their party’s control of Congress to suppress formal inquiries, and pressuring and coercing other nations not to investigate their own citizens’ torture at American hands.
All of those efforts, culminating in yesterday’s entirely unsurprising announcement, means that the U.S. Government has effectively shielded itself from even minimal accountability for its vast torture crimes of the last decade. Without a doubt, that will be one of the most significant, enduring and consequential legacies of the Obama presidency.
Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “How Would a Patriot Act?,” a critique of the Bush administration’s use of executive power, released in May 2006. His second book, “A Tragic Legacy“, examines the Bush legacy. His next book is titled “With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful.”
Tags: Abu Ghraib, bagram, geneva conventions, Guantanamo, roger hollander, torture
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The absolute prohibition of torture is under attack, and public opinion is putting up with it. This deviation from the international norm is a negation of the dignity of the human person.
Nobel Peace Prize laureates Martti Ahtisaari, Kofi Annan, Jean-Marie Gustave Le Clézio, Rigoberta Menchú, José Ramos-Horta, Adolfo Pérez Esquivel, Joseph Stiglitz, Desmond Tutu and Jimmy Carter have signed the OMCT Manifesto, “Nothing can justify torture under any circumstances“.
Kofi Annan and Sandrine Salerno, Mayor of Geneva, formally signed the Manifesto on 23 June 2010 to mark the launching of an international campaign to alert everyone to the dangers which a society that tolerates torture risks.
This campaign will be undertaken in collaboration with the 297 organisations that are members of OMCT.
TO SIGN THIS PETITION: http://www.omct.org/international-campaigns/campaign-prohibition-torture/
Those Authoritarian, Torture-Loving French March 18, 2010Posted by rogerhollander in Uncategorized.
Tags: Abu Ghraib, detainees, fox, fox anchors, fox news, glenn greenwald, habeas corpus, indfinite detention, joe liembeman, John McCain, lindsey graham, Milgram, military commissions, roger hollander, Rush Limbaugh, terrorism, torture
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(Roger’s note: what Greenwald reports here is truly frightening. There is probably no more fundamental precept in criminal justice than habeas corpus. The idea that any individual, be it the President of the United States, has the right to put you in jail and throw away the key – that goes against the most precious safeguard we have. Toward the end of this article we see that McCain and Lieberman and Obama apparently are in the process of creating legislation that will do just that. The founding documents of the country reflected a healthy fear of governmental authority; the Bill of Rights, in particular, was created to grant protection against the misuse and arbitrary application of authority. The Bush and Obama administrations have taken giant steps toward obliterating these fundamental protections. These are ominous signs.)
French documentarians conducted an experiment where they created a faux game show — with all the typical studio trappings — and then instructed participants (who believed it was a real TV program) to administer electric shock to unseen contestants each time they answered questions incorrectly, with increasing potency for each wrong answer. Even as the unseen contestants (who were actors) screamed in agony and pleaded for mercy — and even once they went silent and were presumably dead — 81% of the participants continued to obey the instructions of the authority-figure/host and kept administering higher and higher levels of electric shock. The experiment was a replica of the one conducted in 1961 by Yale psychologist Stanley Milgram, where 65% of participants obeyed instructions from a designated authority figure to administer electric shock to unseen individuals, and never stopped obeying even as they heard excruciating screams and then silence. This new French experiment was designed to measure the added power of television to place people into submission to authority and induce them to administer torture.
None of this should be at all surprising to anyone who has observed, first, the American political and media class, and then large swaths of the American citizenry, enthusiastically embrace what was once the absolute taboo against torture, all because Government officials decreed that it was necessary to Stop the Terrorists. But I just watched an amazing discussion of this French experiment on Fox News. The Fox anchors — Bill Hemmer and Martha MacCallum — were shocked and outraged that these French people could be induced by the power of television to embrace torture.
Speaking as employees of the corporation that produced the highly influential, torture-glorifying 24, and on the channel that has churned out years worth of pro-torture “news” advocacy, the anchors were particularly astonished that television could play such a powerful role in influencing people’s views and getting them to acquiesce to such heinous acts. Ultimately, they speculated that perhaps it was something unique about the character and psychology of the French that made them so susceptible to external influences and so willing to submit to amoral authority, just like many of them submitted to and even supported the Nazis, they explained. I kept waiting for them to make the connection to America’s torture policies and Fox’s support for it — if only to explain to their own game show participants at home Fox News viewers why that was totally different — but it really seemed the connection just never occurred to them. They just prattled away — shocked, horrified and blissfully un-self-aware — about the evils of torture and mindless submission to authority and the role television plays in all of that.
Meanwhile, the bill recently introduced by Joe Lieberman and John McCain — the so-called “Enemy Belligerent Interrogation, Detention and Prosecution Act” — now has 9 co-sponsors, including the newly elected Scott Brown. It’s probably the single most extremist, tyrannical and dangerous bill introduced in the Senate in the last several decades, far beyond the horrific, habeas-abolishing Military Commissions Act. It literally empowers the President to imprison anyone he wants in his sole discretion by simply decreeing them a Terrorist suspect — including American citizens arrested on U.S. soil. The bill requires that all such individuals be placed in military custody, and explicitly says that they “may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners,” which everyone expects to last decades, at least. It’s basically a bill designed to formally authorize what the Bush administration did to American citizen Jose Padilla — arrest him on U.S. soil and imprison him for years in military custody with no charges.
This bill has produced barely a ripple of controversy, its two main sponsors will continue to be treated as Serious Centrists and feted on Sunday shows, and it’s hard to imagine any real resistance to its passage. Isn’t it shocking how easily led and authoritarian the French are?
UPDATE: Led by people like Rush Limbaugh, the American Right celebrated even the most extreme torture brutalities, such as those at Abu Ghraib, by embracing them as “a good time,” an “emotional release,” ”blowing off steam,” a “fraternity prank,” and S&M pornography. At least the contestants in the French show acquiesced to torture reluctantly and even with resistance, rather than with the demented pleasure, vicarious sensations of power, 24-type entertainment, and primal arousal which many disturbed individuals on the American Right derive from it. And, as always, no discussion of the American torture and detention regime is complete without noting that the vast majority subjected to its horrors was completely innocent.
As for the McCain/Lieberman atrocity, it’s been reported that the Obama White House (a) is actively negotiating with Lindsey Graham on a bill to provide for indefinite detention power and (b) has already designated numerous detainees to be held indefinitely with no charges of any kind. It remains to be seen what their (and, then, their supporters’) position on this bill will be.
© 2010 Salon.com
Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “How Would a Patriot Act?,” a critique of the Bush administration’s use of executive power, released in May 2006. His second book, “A Tragic Legacy“, examines the Bush legacy.
Defining Torture March 13, 2010Posted by rogerhollander in Torture.
Tags: Abu Ghraib, Abu Zubaydah, al-Qaeda, andy worthington, bagram, cia, david margolis, detainees, eric holder, geneva conventions, Guantanamo, guantanamo files, International law, interrogation, jay bybee, john yoo, justice department, nuremberg, olc, opr, roger hollander, susan crawford, torture, torture memos, waterboarding
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Monday 01 March 2010
It’s now over two weeks since veteran Justice Department (DOJ) lawyer David Margolis dashed the hopes of those seeking accountability for the Bush administration’s torturers, but this is a story of such profound importance that it must not be allowed to slip away.
Margolis decided that an internal report into the conduct of John Yoo and Jay S. Bybee, who wrote the notorious memos in August 2002, which attempted to redefine torture so that it could be used by the CIA, was mistaken in concluding that both men were guilty of “professional misconduct,” and should be referred to their bar associations for disciplinary action.
Instead, Margolis concluded, in a memo that shredded four years of investigative work by the Office of Professional Responsibility (OPR), the DOJ’s ethics watchdog, that Yoo and Bybee had merely exercised “poor judgment.” As lawyers in the Office of Legal Counsel (OLC), which is charged with providing objective legal advice to the executive branch on all constitutional questions, Yoo and Bybee attempted to redefine torture as the infliction of physical pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death,” or the infliction of mental pain which “result[s] in significant psychological harm of significant duration e.g. lasting for months or even years.”
Yoo, notoriously, had lifted his description of the physical effects of torture from a Medicare benefits statute and other health care provisions in a deliberate attempt to circumvent the UN Convention Against Torture, signed by President Reagan in 1988 and incorporated into US federal law, in which torture is defined as:
any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person …
Obsessed with finding ways in which “severe pain” could be defined so that the CIA could torture detainees and get away with it, Yoo drew on some truly revolting examples of physical torture, citing a particularly brutal case, Mehinovic v. Vuckovic, in which, during the Bosnian war, a Serb soldier named Nikola Vuckovic had tortured his Bosnian neighbor, Kemal Mehinovic, with savage and sadistic brutality. Yoo dismissed the possibility that other torture techniques – waterboarding, for example, which is a form of controlled drowning, and prolonged sleep deprivation – might cause “significant psychological harm of significant duration,” or physical pain rising to a level that a judge might regard as torture.
In both of his definitions, however, Yoo was clearly mistaken. No detailed studies have yet emerged regarding the prolonged psychological effects of the torture program approved by Yoo and Bybee, largely because lawyers for the “high-value detainees” in Guantánamo have been prevented – first under Bush, and now under Obama – from revealing anything publicly about their clients.
However, lawyers for Ramzi bin al-Shibh, who was charged in the Bush administration’s military commissions, made a good show of demonstrating that bin al-Shibh is schizophrenic and on serious medication, when they argued throughout 2008 that he was not fit to stand trial, and I have seen no evidence to suggest that bin al-Shibh was in a similar state before his four years in secret CIA prisons.
An even more pertinent example is Abu Zubaydah, a supposed high-value detainee, held in secret CIA prisons for four and a half years, for whom the torture program was originally developed. Zubaydah’s case may well be the most shocking in Guantánamo, because, although he was subjected to physical violence and prolonged sleep deprivation, was confined in a small box and was waterboarded 83 times, the CIA eventually concluded that he was not, as George W. Bush claimed after his capture, “al-Qaeda’s chief of operations,” but was, instead, a “kind of travel agent” for recruits traveling to Afghanistan for military training, who was not a member of al-Qaeda at all.
Zubaydah was clearly mentally unstable before his capture and torture, as the result of a head wound sustained in Afghanistan in 1992, but as one of his lawyers, Joe Margulies, explained in an article in the Los Angeles Times last April, his subsequent treatment in US custody has caused a profound deterioration in his mental health that would certainly constitute “significant psychological harm of significant duration.” Margolis wrote:
No one can pass unscathed through an ordeal like this. Abu Zubaydah paid with his mind. Partly as a result of injuries he suffered while he was fighting the communists in Afghanistan, partly as a result of how those injuries were exacerbated by the CIA and partly as a result of his extended isolation, Abu Zubaydah’s mental grasp is slipping away. Today, he suffers blinding headaches and has permanent brain damage. He has an excruciating sensitivity to sounds, hearing what others do not. The slightest noise drives him nearly insane. In the last two years alone, he has experienced about 200 seizures.
Moreover, when it came to defining physical torture, the OPR report’s authors noted that, as so often in the memos, Yoo had ignored relevant case history. The key passage in the report deals with the US courts’ decisions regarding the Torture Victim Protection Act (TVPA). Yoo had drawn on Mehinovic for his description of physical torture “of an especially cruel and even sadistic nature,” and, as the authors noted, he also argued that only ‘acts of an extreme nature’ that were ‘well over the line of what constitutes torture’ have been alleged in TVPA cases.”
The authors continued:
Thus, the memorandum asserted, “there are no cases that analyze what the lowest boundary of what constitutes torture.”[sic]
That assertion was misleading. In fact, conduct far less extreme than that described in Mehinovic v. Vuckovic was held to constitute torture in one of the TVPA cases cited in the appendix to the Bybee memo. That case, Daliberti v. Republic of Iraq, 146 F. Supp. 2d 146 (D.D.C. 2001), held that imprisonment for five days under extremely bad conditions, while being threatened with bodily harm, interrogated and held at gunpoint, constituted torture with respect to one claimant.
A close inspection of Daliberti (which dealt with US personnel seized by Iraqi forces between 1992 and 1995) is revealing, as the DC District Court held, “Such direct attacks on a person and the described deprivation of basic human necessities are more than enough to meet the definition of ‘torture’ in the Torture Victim Protection Act.” The judges based their ruling on the following:
David Daliberti and William Barloon allege that they were “blindfolded, interrogated and subjected to physical, mental and verbal abuse” while in captivity. They allege that during their arrests one of the agents of the defendant threatened them with a gun, allegedly causing David Daliberti “serious mental anguish, pain and suffering.” During their imprisonment in Abu Ghraib prison, Daliberti and Barloon were “not provided adequate or proper medical treatment for serious medical conditions which became life threatening.” The alleged torture of Kenneth Beaty involved holding him in confinement for eleven days “with no water, no toilet and no bed.” Similarly, Chad Hall allegedly was held for a period of at least four days “with no lights, no window, no water, no toilet and no proper bed.” Plaintiffs further proffer that Hall was “stripped naked, blindfolded and threatened with electrocution by placing wires on his testicles … in an effort to coerce a confession from him.”
Yoo and his apologists will undoubtedly quibble yet again. There is the threat of electrocution, a threat made with a gun and deprivation of water, in one case for 11 days, none of which feature in the OLC’s memos. However, outside of the specific torture program approved by the OLC, numerous prisoners who were held at Bagram before being transported to Guantánamo have stated that they were actually subjected to electric shocks while hooded (rather than being threatened with electrocution), and that being threatened at gunpoint was a regular occurrence.
Moreover, it has also been stated that the withholding of medication was used with Abu Zubaydah after his capture, when he was severely wounded, and it should also be noted that numerous ex-prisoners have stated that, in Guantánamo, it was routine for medical treatment to be withheld unless prisoners cooperated with their interrogators.
Most of all, however, a comparison between Daliberti and the OLC memos reveals the extent to which the techniques approved by Yoo resulted in “severe pain or suffering, whether physical or mental,” which clearly exceeded that endured by David Daliberti and his fellow Americans in Iraq.
First of all, there is waterboarding, an ancient torture technique that has long been recognized as torture by the United States. As Eric Holder noted during his confirmation hearing in January 2009, “We prosecuted our own soldiers for using it in Vietnam.” With this in mind, it ought to be inconceivable that anyone could argue that waterboarding Abu Zubaydah 83 times and Khalid Sheikh Mohammed 183 times could be anything less than torture.
In addition, the prolonged isolation, prolonged sleep deprivation, nudity, hooding, shackling in painful positions, cramped confinement, physical abuse, dousing in cold water, beatings and threats endured by the CIA’s high-value detainees (as revealed in the leaked International Committee of the Red Cross (ICRC) report based on interviews with the 14 men transferred to Guantánamo from secret CIA prisons in September 2006) completes a picture that surely “shocks the conscience” more than the torture described in Daliberti, especially as those held were subjected to these techniques for far longer periods.
Should any further doubts remain about the definition of torture – and how it was implemented in the “War on Terror” – these should have been dispelled in January 2009, when, shortly before President Bush left office, Susan Crawford, the retired military judge who was the Convening Authority for the Military Commissions at Guantánamo (responsible for deciding who should be charged) granted the most extraordinary interview to Bob Woodward of the Washington Post.
Crawford told Woodward that the reason she had not pressed charges against Mohammed al-Qahtani, a Saudi who was initially put forward for a trial by Military Commission, along with Khalid Sheikh Mohammed, Ramzi bin al-Shibh and three other men, was because he was tortured in Guantánamo.
“We tortured Qahtani,” she said. “His treatment met the legal definition of torture.”
“The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” Crawford explained. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge,” and to conclude that it was torture.
As I explained in an article at the time:
Al-Qahtani’s treatment was severe, of course. As Time magazine revealed in an interrogation log that was made available in 2005, he was interrogated for 20 hours a day over a 50-day period in late 2002 and early 2003, when he was also subjected to extreme sexual humiliation, threatened by a dog, strip-searched and made to stand naked, and made to bark like a dog and growl at pictures of terrorists. On one occasion he was subjected to a “fake rendition,” in which he was tranquilized, flown off the island, revived, flown back to Guantánamo, and told that he was in a country that allowed torture.
In addition, as I explained in my book The Guantánamo Files:
The sessions were so intense that the interrogators worried that the cumulative lack of sleep and constant interrogation posed a risk to his health. Medical staff checked his health frequently – sometimes as often as three times a day – and on one occasion, in early December, the punishing routine was suspended for a day when, as a result of refusing to drink, he became seriously dehydrated and his heart rate dropped to 35 beats a minute. While a doctor came to see him in the booth, however, loud music was played to prevent him from sleeping.
The techniques used on al-Qahtani were approved by defense secretary Donald Rumsfeld, but the impetus came from the torture memos written and authorized by Yoo and Bybee. Moreover, although Crawford was not so principled when it came to considering the treatment to which the high-value detainees had been subjected in CIA custody – on the basis, presumably, that such information would be easier to conceal in a Military Commission than al-Qahtani’s well-publicized ordeal – it is clear from the ICRC report on the high-value detainees that their treatment also “met the legal definition of torture.” In addition, it seems probable that the treatment of the 80 other prisoners held in secret CIA prisons, the treatment of prisoners in Afghanistan, before their arrival in Guantánamo and the treatment of over 100 prisoners in Guantánamo, who were subjected to versions of the “enhanced interrogation techniques” used on al-Qahtani would also constitute torture.
For these reasons, David Margolis’ whitewash of Yoo and Bybee cannot be the final word. In his memo to Attorney General Eric Holder, dismissing the report’s conclusions, Margolis tried to claim that it was important to remember that Yoo and Bybee were working in extraordinary circumstances, striving to prevent another major terrorist attack. In an early version of the report, OPR head Mary Patrice Brown dismissed this argument, asserting, “Situations of great stress, danger and fear do not relieve department attorneys of their duty to provide thorough, objective and candid legal advice, even if that advice is not what the client wants to hear.”
This is correct, but another authoritative source also explains why there are no excuses for twisting the law out of all shape in an attempt to justify torture. As the UN Convention Against Torture stipulates (Article 2.2), “No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.”
The UN Convention also stipulates (Article 4. 1) that signatories to the Convention “shall ensure that all acts of torture are offences under its criminal law” and requires each state, when torture has been exposed, to “submit the case to its competent authorities for the purpose of prosecution” (Article 7.1). As with Article 2.2, there are no excuses for not taking action, and that includes political expediency, or, as Barack Obama described it, “a belief that we need to look forward as opposed to looking backwards.”