jump to navigation

Accountability for Bush’s Torture November 30, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Dick Cheney, George W. Bush, Human Rights, Torture.
Tags: , , , , , , , , , , , , , , ,
add a comment

Roger’s note: the United States government has a long history of disgraceful behavior, and the Bush/Cheney torture regime is one of the most heinous.  We need to be constantly reminded, and we need to acknowledge that the Obama government’s disregard of its constitutional obligation to prosecute constitutes legal and moral complicity.

By (about the author)
OpEdNews Op Eds 11/29/2012 at 20:45:34

opednews.com

In June 2004, in the wake of the Abu Ghraib scandal,    a notorious memo from August 2002 was leaked . It was written by John Yoo, a lawyer in the Justice Department’s Office of Legal Counsel and it claimed to redefine torture and to authorize its use on prisoners seized in the “war on terror.” I had no idea at the time that its influence would prove to be so long-lasting.
Ten years and four months since it was first issued, that memo — one of two issued on the same day that will forever be known as the “torture memos” — is still protecting the senior Bush administration officials who commissioned it (as well as Yoo and his boss, Jay S. Bybee, who signed it).

Those officials include George W. Bush, former Vice President Dick Cheney, and their senior lawyers, Alberto Gonzales and David Addington. None of them should be immune from prosecution, because torture is illegal under U.S. domestic law and is prohibited under the terms of the UN Convention Against Torture, which the United States, under Ronald Reagan, signed in 1988 and ratified in 1994. As Article 2.2 states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

However, the architects of the torture program didn’t care, and still don’t care, because for them the disgraceful memos written by Yoo were designed to be a “golden shield,” a guarantee that, whatever they did, they were covered, because they had legal advice telling them that torture was not torture.

Barack Obama came into office promising to ban the use of torture. His administration released the second Yoo and Bybee “torture memo” and three later “torture memos” from 2005 as part of a court case in April 2009. That, however, was the end of the Obama administration’s flirtation with accountability. In court, every avenue that lawyers have tried to open up has been aggressively shut down by the government, citing the “state secrets doctrine,” another “golden shield” for torturers, which prohibits the discussion of anything the government doesn’t want discussed, for spurious reasons of national security.

The only other opportunity to stop the rot came three years ago, when an internal DoJ ethics investigation concluded, after several years of diligent work, that Yoo and Bybee were guilty of “professional misconduct” when they wrote and signed the memos. That could have led to their being disbarred, which would have been inconvenient for a law professor at UC Berkeley (Yoo) and a judge in the Ninth Circuit Court of Appeals (Bybee). It also might well have set off ripples that would have led to Bush and Cheney and their lawyers.

However, at the last minute a long-time DoJ fixer, David Margolis, was allowed to override the report’s conclusions, claiming that both men were guilty only of “poor judgment,” which, he alleged, was understandable in the aftermath of the 9/11 attacks, and which carried no sanctions whatsoever.

Thwarted in the United States, those seeking accountability have had to seek it elsewhere: in Spain; in Poland, where one of the CIA’s “black sites” was located; and in Italy, where 23 Americans — 22 CIA agents and an Air Force colonel — were convicted in November 2009, in a ruling that was upheld on appeal in September this year, of kidnapping an Egyptian cleric, Abu Omar, and rendering him to Egypt, where he was tortured.

The United States has refused to extradite any of the men and women convicted in Italy, but the ruling is a reminder that not everyone around the world believes in Yoo’s and Bybee’s “golden shield.”

Moreover, although senior Bush administration officials — Bush and Cheney themselves and Donald Rumsfeld — have so far evaded accountability, their ability to travel the world freely has been hampered by their actions. In February 2011, for example, Bush called off a visit to Switzerland when he was notified that lawyers — at the New York-based Center for Constitutional Rights (CCR) and the Berlin-based European Center for Constitutional and Human Rights — had prepared a massive torture indictment that was to be presented to the Swiss government the moment he landed in the country.

The former president was told that foreign countries might take their responsibilities under the UN Convention Against Torture more seriously than America has and arrest him on the basis that his home country had failed to act on the clear evidence that he had authorized torture, which he had actually boasted about in his memoir, Decision Points, published in November 2010.

Most recently, lawyers seeking accountability have tried pursuing Bush in Canada. Last September, prior to a visit by the former president, CCR and the Canadian Centre for International Justice (CCIJ) submitted a 69-page draft indictment to Attorney General Robert Nicholson, along with more than 4,000 pages of supporting material setting forth the case against Bush for torture.

When that was turned down, the lawyers launched a private prosecution in Provincial Court in Surrey, British Columbia, on behalf of four Guantanamo prisoners — Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani, and Murat Kurnaz (all released, with the exception of bin Attash) — on the day of Bush’s arrival in Canada.

That avenue also led nowhere because the attorney general of British Columbia swiftly intervened to shut down the prosecution. Undeterred, however, CCR and CCIJ last week tried a new approach on behalf of those four men who, as Katherine Gallagher of CCR explained in the Guardian, “are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites’ around the world.”

“Between them,” she added, “they have been beaten; hung from walls or ceilings; deprived of sleep, food, and water; and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody.”

The new approach taken by the lawyers was to file a complaint with the UN Committee Against Torture, in which the four men “are asking one question: how can the man responsible for ordering these heinous crimes openly enter a country that has pledged to prosecute all torturers regardless of their position and not face legal action?”

As Gallagher explained, “Canada should have investigated these crimes. The responsibility to do so is embedded in its domestic criminal code that explicitly authorizes the government to prosecute torture occurring outside Canadian borders. There is no reason it cannot apply to former heads of state, and indeed, the convention has been found to apply to such figures including Hissène Habré [the former president of Chad] and Augusto Pinochet.”

That is true, and it will be interesting to see how the UN Committee Against Torture responds. Probably the “golden shield” will not need to be invoked once more by the United States, as the Canadian government evidently has no wish to annoy its neighbor. Moreover, it has its own appalling track record when it comes to preserving human rights in the “war on terror,” as the cases of Omar Khadr in Guantanamo, and Mahar Arar and others who were tortured in Syria demonstrate. However, the submission is to be commended for reminding people that great crimes — committed by the most senior U.S. officials and their lawyers — still remain unpunished, and that that is a situation that ought to be considered a major disgrace rather than something to be brushed aside.

War Tribunal Finds Bush, Cheney Guilty of War Crimes May 13, 2012

Posted by rogerhollander in Criminal Justice, Dick Cheney, George W. Bush, Torture, War on Terror.
Tags: , , , , , , , , , , , , , , , , , ,
add a comment
 
Published on Sunday, May 13, 2012 by Common Dreams

 

Kuala Lumpur War Crimes Tribunal orders reparations be given to torture victims

- Common Dreams staff

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.

Justice Dept. Gives Torture a Pass July 21, 2011

Posted by rogerhollander in Criminal Justice, Human Rights, Torture.
Tags: , , , , , , , , , , , , , , , ,
add a comment
Published on Wednesday, July 20, 2011 by OtherWords

What will we say when other governments follow our example by providing immunity from prosecution to torturers?

  by  Peter Weiss

The Romans had an expression for it: “Nulla poena sine lege,” no punishment without a law. But people sometimes forget that the opposite is also true: Without punishment for offenders, a law itself can die.

The Justice Department recently announced that, of the 101 cases involving alleged illegal treatment of post-9/11 detainees by the CIA and its contractors, 99 were being closed. The remaining two, which involved deaths in custody, would continue to be investigated.

The decision to drop virtually all these cases is based on a policy promulgated by Attorney General Eric Holder shortly after he took office. Reiterating this policy on June 30, Holder wrote that the Justice Department “would not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees.”

This refers to the infamous “torture memos” provided in 2002 to Alberto Gonzales while he was White House counsel by John Yoo, then Deputy Assistant Attorney General and Jay Bybee, who was Assistant Attorney General and now serves as a judge on the Court of Appeals for the Ninth Circuit. These memos, which sanctioned virtually all forms of “enhanced interrogation” (or torture, in common parlance), were withdrawn as legally deficient by Jack Goldsmith, President George W. Bush’s head of the Office of Legal Counsel, and specifically disavowed later by President Barack Obama himself.Creative Commons image by the US Dept. of Agricultureholder

Holder’s recent move is completely consistent with Obama’s insistence on looking “forward, not back” when it comes to accountability for torture. Prosecuting most of these cases would require seriously examining the perpetrators’ faith that the Yoo memos acted as a “golden shield,” as one Bush administration official called them. But the law says that this defense, “the defense of superior orders,” doesn’t work when the act in question is palpably or manifestly illegal.

It didn’t work for Lt. William Calley when he and his platoon killed over 300 women, children, and elderly men in the village of My Lai during the Vietnam War. It didn’t work for Lynndie England, the hapless army reservist convicted of torturing and abusing detainees at Abu Ghraib.

And it didn’t work for most of the defendants at Nuremberg.

Why should it now work for CIA agents and others who relied “in good faith” on the torture memos? The journalist Christopher Hitchens was himself waterboarded by Special Forces soldiers to help him decide whether it was torture. His conclusion: “If waterboarding does not constitute torture, then there is no such thing as torture.” Indeed, since the Spanish inquisition, waterboarding has never been considered anything other than torture, and in this century torture is absolutely forbidden under both domestic and international law.

And waterboarding is only one of several torture techniques used by U.S. personnel in the years following 9/11, including prolonged sleep deprivation, shackling in stress positions, and exposure to extreme cold and heat. All of these have been largely or completely abandoned under the Obama administration. But what lesson are we to draw from the fact that no prosecutions have been started, nor are likely to start, against those who authorized and practiced them? What will we say when other governments follow our example by providing immunity from prosecution to torturers on the basis of phony, made-to-order legal memos?

June 30, 2011 will go down as a dark day in the annals of the struggle against torture.

This work is licensed under a Creative Commons License

<!–

–>

Peter Weiss

Peter Weiss is a vice president of the Center for Constitutional Rights.

America’s Disappeared July 18, 2011

Posted by rogerhollander in Argentina, Barack Obama, Criminal Justice, Human Rights, Latin America, Torture.
Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , ,
add a comment
Published on Monday, July 18, 2011 by TruthDig.com 

  by  Chris Hedges

Dr. Silvia Quintela was “disappeared” by the death squads in Argentina in 1977 when she was four months pregnant with her first child. She reportedly was kept alive at a military base until she gave birth to her son and then, like other victims of the military junta, most probably was drugged, stripped naked, chained to other unconscious victims and piled onto a cargo plane that was part of the “death flights” that disposed of the estimated 20,000 disappeared. The military planes with their inert human cargo would fly over the Atlantic at night and the chained bodies would be pushed out the door into the ocean. Quintela, who had worked as a doctor in the city’s slums, was 28 when she was murdered.(Illustration by Mr. Fish)

A military doctor, Maj. Norberto Atilio Bianco, who was extradited Friday from Paraguay to Argentina for baby trafficking, is alleged to have seized Quintela’s infant son along with dozens, perhaps hundreds, of other babies. The children were handed to military families for adoption. Bianco, who was the head of the clandestine maternity unit that functioned during the Dirty War in the military hospital of Campo de Mayo, was reported by eyewitnesses to have personally carried the babies out of the military hospital. He also kept one of the infants. Argentina on Thursday convicted retired Gen. Hector Gamen and former Col. Hugo Pascarelli of committing crimes against humanity at the “El Vesubio” prison, where 2,500 people were tortured in 1976-1978. They were sentenced to life in prison. Since revoking an amnesty law in 2005 designed to protect the military, Argentina has prosecuted 807 for crimes against humanity, although only 212 people have been sentenced. It has been, for those of us who lived in Argentina during the military dictatorship, a painfully slow march toward justice.

Most of the disappeared in Argentina were not armed radicals but labor leaders, community organizers, leftist intellectuals, student activists and those who happened to be in the wrong spot at the wrong time. Few had any connection with armed campaigns of resistance. Indeed, by the time of the 1976 Argentine coup, the armed guerrilla groups, such as the Montoneros, had largely been wiped out. These radical groups, like al-Qaida in its campaign against the United States, never posed an existential threat to the regime, but the national drive against terror in both Argentina and the United States became an excuse to subvert the legal system, instill fear and passivity in the populace, and form a vast underground prison system populated with torturers and interrogators, as well as government officials and lawyers who operated beyond the rule of law. Torture, prolonged detention without trial, sexual humiliation, rape, disappearance, extortion, looting, random murder and abuse have become, as in Argentina during the Dirty War, part of our own subterranean world of detention sites and torture centers.

We Americans have rewritten our laws, as the Argentines did, to make criminal behavior legal. John Rizzo, the former acting general counsel for the CIA, approved drone attacks that have killed hundreds of people, many of them civilians in Pakistan, although we are not at war with Pakistan. Rizzo has admitted that he signed off on so-called enhanced interrogation techniques. He told Newsweek that the CIA operated “a hit list.” He asked in the interview: “How many law professors have signed off on a death warrant?” Rizzo, in moral terms, is no different from the deported Argentine doctor Bianco, and this is why lawyers in Britain and Pakistan are calling for his extradition to Pakistan to face charges of murder. Let us hope they succeed.

We know of at least 100 detainees who died during interrogations at our “black sites,” many of them succumbing to the blows and mistreatment of our interrogators. There are probably many, many more whose fate has never been made public. Tens of thousands of Muslim men have passed through our clandestine detention centers without due process. “We tortured people unmercifully,” admitted retired Gen. Barry McCaffrey. “We probably murdered dozens of them …, both the armed forces and the C.I.A.”

Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them away in the dead of night as if they were enemy combatants. Habeas corpus no longer exists. American citizens can “legally” be assassinated. Illegal abductions, known euphemistically as “extraordinary rendition,” are a staple of the war on terror. Secret evidence makes it impossible for the accused and their lawyers to see the charges against them. All this was experienced by the Argentines. Domestic violence, whether in the form of social unrest, riots or another catastrophic terrorist attack on American soil, would, I fear, see the brutal tools of empire cemented into place in the homeland. At that point we would embark on our own version of the Dirty War.

Marguerite Feitlowitz writes in “The Lexicon of Terror” of the experiences of one Argentine prisoner, a physicist named Mario Villani. The collapse of the moral universe of the torturers is displayed when, between torture sessions, the guards take Villani and a few pregnant women prisoners to an amusement park. They make them ride the kiddie train and then take them to a cafe for a beer. A guard, whose nom de guerre is Blood, brings his 6- or 7-year-old daughter into the detention facility to meet Villani and other prisoners. A few years later, Villani runs into one of his principal torturers, a sadist known in the camps as Julian the Turk. Julian recommends that Villani go see another of his former prisoners to ask for a job. The way torture became routine, part of daily work, numbed the torturers to their own crimes. They saw it as a job. Years later they expected their victims to view it with the same twisted logic.

Human Rights Watch, in a new report, “Getting Away With Torture: The Bush Administration and Mistreatment of Detainees,” declared there is “overwhelming evidence of torture by the Bush administration.” President Barack Obama, the report went on, is obliged “to order a criminal investigation into allegations of detainee abuse authorized by former President George W. Bush and other senior officials.”

But Obama has no intention of restoring the rule of law. He not only refuses to prosecute flagrant war crimes, but has immunized those who orchestrated, led and carried out the torture. At the same time he has dramatically increased war crimes, including drone strikes in Pakistan. He continues to preside over hundreds of the offshore penal colonies, where abuse and torture remain common. He is complicit with the killers and the torturers.

The only way the rule of law will be restored, if it is restored, is piece by piece, extradition by extradition, trial by trial. Bush, Dick Cheney, Donald Rumsfeld, former CIA Director George Tenet, Condoleezza Rice and John Ashcroft will, if we return to the rule of law, face trial. The lawyers who made legal what under international and domestic law is illegal, including not only Rizzo but Alberto Gonzales, Jay Bybee, David Addington, William J. Haynes and John Yoo, will, if we are to dig our way out of this morass, be disbarred and prosecuted. Our senior military leaders, including Gen. David Petraeus, who oversaw death squads in Iraq and widespread torture in clandestine prisons, will be lined up in a courtroom, as were the generals in Argentina, and made to answer for these crimes. This is the only route back. If it happens it will happen because a few courageous souls such as the attorney and president of the Center for Constitutional Rights, Michael Ratner, are trying to make it happen. It will take time—a lot of time; the crimes committed by Bianco and the two former officers sent to prison this month are nearly four decades old. If it does not happen, then we will continue to descend into a terrifying, dystopian police state where our guards will, on a whim, haul us out of our cells to an amusement park and make us ride, numb and bewildered, on the kiddie train, before the next round of torture.

© 2011 TruthDig.com

<!–

–>

Chris Hedges

Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America.  His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.

 

 

 

 

21 Comments so far

Posted by sivasm
Jul 18 2011 – 9:03am

Chris Hedges, as always one of the best piece I’ve read especially on Obama. I will rejoice when they drag Obama in chains, together with his cronies to stand trials for crimes against humanity.

Posted by Gdpxhk
Jul 18 2011 – 9:12am

Obama is just another puppet. He would only be replaced by another marionette. The men in the shadows need to be revealed like night crawlers under a rock. Follow the money trail and they can be found, but would anyone listen? Actually, I should say, follow the gold trail as fiat money means nothing to these creatures…and they will have all the gold.

Posted by Richard-Ralph-Roehl
Jul 18 2011 – 9:11am

After reading this disturbing article, another masterpiece of sober truth-telling by Chris Hedges, I’m not entirely surprised there no comments yet posted herein. Hedges’ article makes one wonder if blogging makes people a target for nefarious action by Amerika’s $ociopathic ruling class. And like Mr. Hedges, I blog under my legal name. Perhaps I’m more brave (or foolish) than I believe I am. Albeit… I’m not as brave as Mr. Hedges.

It is my opinion that Amerika’s foreign policy is delusional, violent and criminallly insane. It is the fruit of $ociopaths and psychopaths. It is why 9-11 happened.

And Amerika’s domestic policy isn’t much different. It is cruel and stupid and mean-espirited. I rest my case on the latter policy with the damn War on Drrrugs, a vicious minded policy that is the antithesis of personal freedom. Rome is burning! It burns because Amerika’s rapacious ruling class has the insight of rabid dogs.

Amerika is NOT a beacon of light for the world. It is a violent, war mongering beast that pushes humanity down the road toward an extinction event. It is evil.

What to do? Well… you don’t pet rabid dogs. You fukin’ shoot ‘em!

Posted by Thalidomide
Jul 18 2011 – 9:12am

Obama is the leader of a terrorist theocracy and in case people think things will get better someday it is important to realize that a large majority of young Americans support torture.

Posted by Demonstorm
Jul 18 2011 – 11:25am

Correct. You always hear about “someday, our children will ask us why we did what we did – why did we leave them such a horrible nation.” WRONG. Young people today grew up in this Orwellian police state – they don’t know how Amerika “used to be.” This is the “norm” to them. They are growing up quite acclimated to torture, illegal invasions, the destruction of civil liberties once enshrined in the Constitution, no habeas corpus, the president claiming he has the powers of a dictator, etc.

As Thalidomide says – don’t count on our youth to straighten out the mess we are making. They will take the ball we have handed to them and run with it.

Posted by James Edwards
Jul 18 2011 – 9:17am

The USA is far worse than Argentina was. The body count, the period of time, the area over which the US’ns have killed and their glee makes this blatantly clear.
The USA is a grand human mistake (actually fuck-up in modern parlance). Humanity must eradicate its influence. There is no other way forward. Present US citizens are part of humanity and have a duty to perform. They must deny the authority of their government and the validity of the structure called the USA.
Hedges does not write so and as the likes of Steve Biko have discovered it is dangerous to do so, but it is so and those who cannot see so are in Hell already.
We must remember that it is an honour if Hell kicks us out.
The man Jesus said so and he was no Christian.

Posted by raydelcamino
Jul 18 2011 – 10:19am

Definitely far worse…Argentine facists actions killed Argentinians, American fascists kill people from every nation on earth.

Posted by Space Cadet
Jul 18 2011 – 9:43am

Excellent analogy.  Americans like to consider themselves as a first world country while they label Argenrina as some backward, third world country with no respect for the rule of law.  Unfortunately the American ruling class feels confident that they will never see the inside of a cortroom because of their wealth, sense of moral superiority and a complacent population that basically says… “better them than me”.
I for one, don’t see any of the culprits being brought to justice in my lifetime because most Americans still buy into the official State line that they’re just “doing their job” to help keep us safe.  Muslims have been vilified so successfully that the average American feels nervous next to a Middle Eastern man if he dons a long beard and speaks a foreign language.  We cloak our racism in the camoflauge of patriotism as we place  ‘support pur troops’ bumper stickers on our cars and wave tiny American flags as military processions roll by in tanks and armoured personnel carriers.  We’re taught to hold our founding fathers in high esteem while ignoring uncomfortable truths about them such as their slaves, genocide of the aboriginals and their selfish, financial motivations for declaring war on behalf or their fellow countrymen.
Critical thinking in our schools have been replaced by standarized tests that just have the narrow focus of honing our literacy and numeracy skills so that we may all be able to improve our chances of entering that rapidly shrinking employment pool known as corporate America in exchange for minimal wages, routine drug tests and a psychotic corporate mantra that places profits above family, empathy and morality.
One thing Argentina lacked compared to their U.S. contemporaries is the omnipotent influence of their State propaganda apparatus.  The Argentine elite couldn’t unabashedly expect a private media to cheer lead their crimes and responded with their own State run media lies.  But it had neither the sophistication, the reach or the deep pockets that America has and the populace quickly ignored it for the bunk that it was.
The elite in the U.S. have no such worries as the masses goose step with pride in defence of the status quo boasting of a free press, the greatest military in the world and a country personally blessed by God Almighty.  Everyone’s on board, or at least those who really matter  as we assuage our moral conscience that only America can save the world if the world would only embrace Big Macs, Paris Hilton and the Super Bowl as proof of a superior culture.  How stubborn the world must seem to be, when so few recognize that unchecked consumerism, limitless entertainment and blind patriotism are the only true paths to happiness.

Posted by Demonstorm
Jul 18 2011 – 11:30am

Extremely well-said. It is scary how much Amereichans today resemble Germans of the 30′s and 40′s. Only worse. Back then, at least many Germans could use the excuse they didn’t know what their government was really doing. Amereichans see it every day and don’t give a rat’s ass, for the reasons you so well stated. Indoctrinated and acclimated to Amerikka the Great, anything and everything she does is hunky-dory for them. They say most evil people don’t really believe they are evil, in their own minds. No better example of this exists than in this country.

Posted by memento
Jul 18 2011 – 9:44am

Hedges writes:

“Tens of thousands of Americans are being held in super-maximum-security prisons where they are deprived of contact and psychologically destroyed. Undocumented workers are rounded up and vanish from their families for weeks or months. Militarized police units break down the doors of some 40,000 Americans a year and haul them away in the dead of night as if they were enemy combatants.”

I am having problems believing what Hedges has written. If each disappeared American had at least 10 friends and relatives, then well over 400,000 Americans a year would experience personally knowing someone who was disappeared by militarized police units breaking down doors. Someone, please explain where Hedges gets the numbers he writes.

Posted by Brian Brademeyer
Jul 18 2011 – 10:15am

>>>> Militarized police units break down the doors of some 40,000 Americans a year and haul them away …

Hint: The “blue” text (haul them away) in the article is a link to more information (assuming you’re not just a concern troll and actually want to learn).

Posted by gardenernorcal
Jul 18 2011 – 10:50am

I am not sure where Mr. Hedges got his information but there is information out there.

http://www.immigrantjustice.org/isolatedindetention

http://latimesblogs.latimes.com/laplaza/2010/09/immigration-detention-report.html

http://www.detentionwatchnetwork.org/aboutdetention

“The recent impact of ICE enforcement includes:

•Approximately 380,000 immigrants were detained in 2009, more than 30,000 people per day. The average length of detention is currently 33.5 days.
•More than 369,211 immigrants were deported in 2009, a record for the agency and a twenty seven percent increase from 2007.
•DHS has spent over $2.8 billion on efforts to deport immigrants since the creation of ICE in 2003.
•In total, 3.7 million immigrants have been deported since 1994.
•A 12 fold increase in worksite arrests between 2002 and 2008. A new trend is to use “identify theft” charges to put immigrants in the category of “criminal alien” to make it easier to deport them.
•Over 100 “Fugitive Operations Teams” and the development of other specialized operations. ICE claims these are focused on specific groups but they are often used as a pretext for wide scale arrests in apartment complexes, workplaces, and public spaces.
•67% of ICE detainees are housed in local and county jail facilities, 17% in contract detention facilities, 13% in ICE-owned facilities, and 3% in other facilities such as those run by the Bureau of Prisons.
•According to the Washington Post, “with roughly 1.6 million immigrants in some stage of immigration proceedings, the government holds more detainees a night than Clarion Hotels have guests, operates nearly as many vehicles as Greyhound has buses and flies more people each day than do many small U.S. airlines.” (Washington Post, February 2, 2007)”

http://www.detentionwatchnetwork.org/node/2382

Posted by Randy G
Jul 18 2011 – 11:10am

Memento — as Brian mentioned there is a link to Hedges’ assertion & you might want to read it on Truth Dig.

What may have confused you is that you seem to assume that Hedges is claiming that the 40,000 were executed clandestinely and never seen again. He is simply describing the number of arrests performed during which police execute military style raids in the middle of the night — often without knocking.

There are many, many incidents where it later turns out police have raided the wrong house, innocent people are shot, and the level of police violence in the raid is out of all reasonable proportion to the alleged offense.

Here is one tragic example of a raid gone bad:

http://www.huffingtonpost.com/2010/05/17/aiyana-jones-7-year-old-s_n_578246.html

I don’t want to bore you with the details, but I was recently surrounded –while camping legally in my car– by over a dozen sheriff’s officers with semi-automatic weapons and night vision goggles. This occurred in Arizona. It was, needless to say,  scary. They screamed at me to keep my hands in clear site while I was “laser sighted” from multiple rifles.

There was no warrant, there was no evidence of me doing anything wrong (I was asleep but my dogs started barking at them), and they admitted that I had committed no crime. I was 100 miles from the border but they had ‘suspicions’ that I might be a drug trafficker….

I wrote up more details in an earlier post but my main point is that I could have easily been killed if I had slipped trying to get out of the car or seemed like I was reaching for a gun.

They had not even bothered to run my vehicle license plate before launching their little raid. Since I was eventually let go without being arrested (or shot) there is not even an official statistic on this encounter.

There is no presumption of innocence and the 4th amendment is a joke.

You have to experience or witness something like this to appreciate how totally militarized our police have become. This is not a highway patrol officer cautiously approaching your car after stopping you for speeding.

The total number of arrests in the U.S. — much of it in the service of the ‘drug war’– is simple  mind boggling.

How many arrests per year are made in the U.S.?

14,172,384.

“From 2005 to 2008, there are on average 14,172,384 arrests made per year in the United States. This is based on data from the U.S. Federal Bureau of Investigation’s Uniform Crime Reporting program. Of all reported arrests, drug abuse violations remains the greatest, with on average 1,819,970 arrests made per year.”

http://www.numberof.net/number-of-arrests-per-year/

“Arrests for drug law violations this year are expected to exceed the 1,663,582 arrests of 2009. Law enforcement made more arrests for drug abuse violations (an estimated 1.6 million arrests, or 13.0 percent of the total number of arrests) than for any other offense in 2009.”

“Someone is arrested for violating a drug law every 19 seconds.”

http://www.drugsense.org/cms/wodclock

http://able2know.org/topic/172440-1

Posted by Jill
Jul 18 2011 – 9:52am

Gdpxhk,

Arrest a puppett and he will tell you who pulls his strings.

I agree that following the money is also essential.

Posted by readytotransform
Jul 18 2011 – 10:11am

.

Posted by Oikos
Jul 18 2011 – 10:18am

Richard-Ralph-Roehl, Jul 18 2011 – 9:11am, is unfortunately right.

What a painful, albeit necesary, article by Hedges.

Posted by Jim Shea
Jul 18 2011 – 10:36am

Thanks again to Chris Hedges. Unfortunately, he is a voice crying in the wilderness, and NOTHING will be done to bring the American war criminals to justice. We American are too caught up in our own mythology.
Jim Shea

Posted by Stig
Jul 18 2011 – 10:50am

The concerted effort by thousands of ordinary Argentinians, over decades, made sure the junta responsible were punished. In the States there is no equivalent embodiment of injustice by its citizens, no strong sense of moral outrage, nothing to bring ordinary people together, to insure a prison cell for Bush, Cheney and the rest of them. There is no cacerolada here, our hands and voices have been effectively amputated, by ourselves. Indeed, Bush would probably receive a Nobel peace prize, before anything here, resembles the type of justice that is taking place in Argentina.

Posted by downtownwalker
Jul 18 2011 – 11:03am

“Bush, Dick Cheney, Donald Rumsfeld, former CIA Director George Tenet, Condoleezza Rice and John Ashcroft will, if we return to the rule of law, face trial. “
I will certainly feel less “soiled” by my country’s dirty deeds when some of our laundry has been hung. No doubt that we are no longer a country where the “rule of law” means much any more. Hopefully one day that will change (and it will probably change “in one day”).

Posted by chaokoh
Jul 18 2011 – 11:24am

The condors* have come home to roost.

*http://en.wikipedia.org/wiki/Operation_Condor

Posted by chaokoh
Jul 18 2011 – 11:36am

Collapse and disintegration is a much more likely destiny for the dumb ol’ USA than any kind of long march to justice. The US hasn’t got three decades to spend defending its criminal acts in court. It probably hasn’t got three years. The US is perched on the mother of all tipping points, economically, socially and militarily and one wing beat from one black swan will send the US into the ravine. Here, for instance is just one of them:

Al Jazeera: CIA veteran: Israel to attack Iran in fall

http://english.aljazeera.net/indepth/opinion/2011/07/201171775828434786.html

Spanish Judge Baltasar Garzón on Holding Torturers Accountable, Why He Opposes the Killing of Osama bin Laden, and His Threatened Ouster from the Bench May 12, 2011

Posted by rogerhollander in Criminal Justice, Torture.
Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
1 comment so far

www.democracynow.org, May 12, 2011

Garzon_button

Citing the doctrine of universal jurisdiction, Spanish judge Baltasar Garzón has used the Spanish courts to investigate cases of torture, war crimes and other offenses around the world. In 1998, he ordered the arrest of former Chilean dictator Augusto Pinochet, a move that led to Pinochet’s arrest and detention in Britain. In 2003, Garzón indicted Osama bin Laden and dozens of other members of al-Qaeda. Garzón later attempted to indict six high-ranking members of the Bush administration for their role in authorizing torture at the U.S. military prison at Guantánamo Bay and overseas, before the case was eventually dropped under U.S. pressure. While Garzón has long been one of the world’s most feared judges, he is now facing his own legal battle. Last year he was indicted for exceeding his authority for launching an investigation into the disappearance of more than 100,000 civilians at the hands of supporters of Gen. Francisco Franco during the Spanish Civil War. Garzón was suspended as a judge in May 2010 and is facing three separate trials.

JUAN GONZALEZ: We’re joined now by the Spanish judge Baltasar Garzón, perhaps one of the world’s most famous judges. Citing the doctrine of universal jurisdiction, Garzón has used the Spanish courts to investigate cases of torture, war crimes and other offenses around the world.

In 1998, he ordered the arrest of former Chilean dictator Augusto Pinochet, a move that had led to Pinochet’s arrest and detention in Britain for 18 months.

In 2003, Garzón indicted Osama bin Laden and dozens of other members of al-Qaeda. The indictment led to Europe’s biggest trial of alleged al-Qaeda operatives. Eighteen were eventually found guilty.

Garzón also led the case against Argentine ex-naval officer Adolfo Scilingo for crimes committed during Argentina’s Dirty War. Scilingo is now serving a 640-year sentence.

Garzón attempted to indict six high-ranking members of the Bush administration, including former Attorney General Alberto Gonzales, for their role in authorizing torture at Guantánamo and overseas. The case was eventually dropped. We now know, thanks to WikiLeaks, that the Bush administration privately pressured the Spanish government to drop the prosecution.

AMY GOODMAN: While Judge Garzón has long been one of the world’s most feared judges, he is now facing his own legal battle. Thirteen months ago, he was indicted for exceeding his authority for launching an investigation into the disappearance of more than 100,000 Spanish civilians at the hands of supporters of General Francisco Franco during the Spanish Civil War. Garzón was suspended as a judge in May 2010 and is facing three separate trials.

The attack on Garzón has been widely criticized by human rights defenders. Lotte Leicht of Human Rights Watch said, quote, “Garzón sought justice for victims of human rights abuses abroad and now he’s being punished for trying to do the same at home. The decision leaves Spain and Europe open to the charge of double standard.”

Judge Baltasar Garzón is here in New York this week to receive the first Abraham Lincoln Brigade Archives/Puffin Foundation Award for Human Rights Activism. He flew in from Spain last night, joins us in the studio today.

Welcome to Democracy Now!

JUDGE BALTASAR GARZÓN: Good Morning. Thank you.

AMY GOODMAN: And thank you to Tony Geist for translating.

Judge Garzón, let’s start with the latest news: the assassination of Osama bin Laden. You have condemned this. Why?

JUDGE BALTASAR GARZÓN: [translated] Any person who leads a terrorist organization like al-Qaeda is obviously a target. Under the rule of law, justice should be sought by legal means. According to the information we have, he could well have been arrested and brought to trial for his crimes.

AMY GOODMAN: Yet he was assassinated. Talk about the example you believe this sets.

JUDGE BALTASAR GARZÓN: [translated] According to international law, the murder or the assassination of bin Laden was not the appropriate solution. Clearly, from the information we have, it’s an undefined situation, given the state of conflict between the United States and al-Qaeda.

JUAN GONZALEZ: I wanted to ask you about the case, particular case, that you have been now indicted for, specifically overreaching your authority, supposedly, in terms of the investigation into the civilian deaths under the Franco regime. You prosecuted similar cases, where amnesties had been declared, in Argentina and Chile, and your government had no problem with that. But now, when you challenge the amnesty that was supposedly granted to the perpetrators of the Franco atrocities, suddenly the government has problems with your methods?

JUDGE BALTASAR GARZÓN: Yeah. [translated] This is the paradox and the irony of a situation in which Spain has been a pioneer in the application of universal jurisdiction. Yet, when it actually comes to investigating the case and the facts of the case in Spain, the country denies access to the facts and puts the judge himself on trial. It is the obligation of a judge to investigate the cases and to search for truth, justice and reparation for the victims of these crimes.

JUAN GONZALEZ: And in terms of the particular powers of a judge in Spain that may differ from what we here in the United States understand as a judge’s power, that the judges in Spain have both a sort of prosecutorial as well as a judgment aspect to their responsibilities, could you explain that?

JUDGE BALTASAR GARZÓN: Yes. [translated] Judges in Spain are a combination of prosecutor, investigator and judge.

AMY GOODMAN: I wanted to ask you about the WikiLeaks revelations. In Spain, there’s a lot of attention, of the documents, the U.S. government cables that have come out, about U.S. interference with the judiciary in Spain. One of the WikiLeaks cables was signed by Edward Aguirre, who is the—President Bush’s ambassador to Spain, who met with you. And he was concerned about a number of issues, and the U.S. has been concerned about the case in which—you opened against six former Bush administration officials, including Attorney General Alberto Gonzales, for torture at Guantánamo. Explain this case and why it has now been dropped.

JUDGE BALTASAR GARZÓN: [translated] In Spain, opened two procedures against—in the Guantánamo case: a general case against—regarding those six people and another specific case in four cases of torture. They were each in separate courts. The case of the four specific cases of torture is in his court, and it’s gone forward, although without specific indictments against particular individuals. Under the principle of universal jurisdiction, they have requested that the United States answer whether they are following up, investigating that case, or not. And if not, we’ll take it to the next step. It’s quite clear that they’re crimes against humanity, cases of torture, and therefore the government is obliged, under universal jurisdiction, to investigate them.

AMY GOODMAN: The ambassador in the document, in the WikiLeaks cable, said you have an anti-American streak. Your response?

JUDGE BALTASAR GARZÓN: No, you know, no, I don’t. Enemy against the United States, no. I think that is the justice, only justice, as the torture is a universal crime, is necessary to investigate. Only this.

JUAN GONZALEZ: I’d like to ask you about—to go back to the case of the Franco era. The New York Times, in an editorial in support of you, said recently, “The real crime[s] in this case are the disappearances, not Mr. Garzón’s investigation. If, as seems likely, these were crimes against humanity under international law, Spain’s 1977 amnesty could not legally absolve them.” Interestingly, the charges were brought against you initially by right-wing, pro-Franco groups in the country. So, in essence, some claim that the only one to be prosecuted for the crimes of the Franco era are the judge that has tried to investigate the cases. Could you—for Americans who are not familiar with what happened during the Franco era, could you talk a little bit about that?

JUDGE BALTASAR GARZÓN: [translated] The paradox again is that the government refuses to investigate the crimes against humanity and at the same time is prosecuting the judge who wants to uncover them. There were between 150,000 and 200,000 people disappeared under the Franco regime, as part of the civil population. It’s still not known where the victims lie buried. It’s a permanent crime, and therefore it cannot be absolved by an amnesty law.

AMY GOODMAN: Judge Baltasar Garzón, you have called for the exhumation of 19 unmarked graves, among them the one believed to contain the remains of the great poet, Federico García Lorca. Why?

JUDGE BALTASAR GARZÓN: [translated] He ordered specifically the opening, the exhumation of Lorca’s grave, because it was requested by the families of the other people who apparently are buried with him. And the request was made specifically to the judge of Granada, the area where the burial is.

AMY GOODMAN: And what do you hope to find?

JUDGE BALTASAR GARZÓN: [translated] So, the process is paralyzed right now because the judge of the location where Lorca is buried is one of those who objected and brought the case against Garzón. And the Supreme Court has suspended his decision to exhume the grave.

AMY GOODMAN: So, we’re going to go to break, but when we come back, we want to talk to Judge Baltasar Garzón about what this means that he now has been indicted, he has been suspended, he can’t practice law right now in Spain, what it means for all of these cases. This is Democracy Now!, democracynow.org, The War and Peace Report. Back in a minute.

[break]

AMY GOODMAN: Víctor Jara. This is Democracy Now!, democracynow.org. Víctor Jara, the great Chilean singer who was killed when the Augusto Pinochet forces rose to power and Allended died in the palace, September 11th, another September 11th, remarkably enough, 1973, who died among so many thousands of Chileans. It’s our guest today, Judge Baltasar Garzón, who first held Augusto Pinochet accountable, after his 17 years of brutal rule in Chile. When Augusto Pinochet went to Britain in the late ’90s for a doctor’s appointment, Judge Baltasar Garzón, from Spain, had him indicted. And it was because of that indictment that Augusto Pinochet was held in Britain for a year, until eventually allowed to go home.

Now Baltasar Garzón, Judge Garzón, faces his own trial, as he has been taken off the bench after crusading on many different issues, including the indictment of Osama bin Laden and other al-Qaeda operatives in 2003.

I’m Amy Goodman, with Juan Gonzalez.

JUAN GONZALEZ: Well, Judge Garzón, I’d like to ask you about another case that you were involved with, which was the investigation of the “dirty war” that occurred against Basque separatists under a Socialist government, the government of Felipe Gonzalez, in Spain. And you—many say that you were responsible for the fall of that government as a result of what you uncovered. Could you talk about what you found? And interestingly now, Felipe Gonzalez is supporting you and saying that what is happening to you is unjust.

JUDGE BALTASAR GARZÓN: [translated] I would never be responsible for an electoral loss that is due to the citizens who voted. What I did was simply investigate accusations of persecution against people accused of terrorism. The state of law is equal for all people. It cannot depend on electoral politics. A number of highly placed officials in the Socialist party, ruling party, government were accused and found guilty and removed. I believe that the democracy and the rule of law was strengthened by this action.

AMY GOODMAN: I wanted to go back to Chile. The family of the former Chilean president, Salvador Allende, asked last month for his body to be exhumed to help determine the cause of his 1973 death. President Allende was overthrown in a U.S.-backed coup, September 11th, 1973. The official cause of death on that day in the palace was listed as suicide, but it’s long been speculated he was assassinated by the forces of General Augusto Pinochet. Allende’s daughter, Isabel Allende, spoke to the media.

ISABEL ALLENDE: [translated] We requested the exhumation and autopsy. I think it’s the most rigorous and definitive proof to clear up the causes of his death, and we think this is going to be tremendously important.

AMY GOODMAN: That was the daughter of Salvador Allende, Isabel Allende, not to be confused with the great writer who is his niece. What do you say about the calling for the exhumation and the investigation of whether this was assassination or whether he took his own life as the Augusto Pinochet forces moved into the palace?

JUDGE BALTASAR GARZÓN: [translated] In the first instance, they investigated the criminal actions of those who rose up against a democratically elected government. The actual cause of death is less important than recognizing the fact that this was an illegal action, a coup against a legally elected government. And for those crimes, Pinochet was investigated and indicted in London.

AMY GOODMAN: So where do you stand right now, Judge Garzón? You’ve been suspended. You face trial. You face prison for many years.

JUDGE BALTASAR GARZÓN: I am provisionally suspended in my function, jurisdictional function. But I hope the trial against me, that we will, in the next month, I think—but it’s very complicated for me, my actual situation, because I cannot to investigate, to work in Spain. But I work right now in La Haya, in the International Criminal Court, with the prosecutor. But it’s not my destination. I hope the resolution, it will be proximally.

JUAN GONZALEZ: Some of your—you have many people who are passionately supporters of yours, as well as very strong critics, including among your colleagues on the bench. Several major judges in Spain have accused you of basically being a media personality trying to grab attention and really overstepping your responsibilities as a judge. How do you answer those in the judicial community who have criticized you in the past?

JUDGE BALTASAR GARZÓN: [translated] What’s most important are the cases in which I have participated. Any judge who had done what I did would be well known. That’s not, in principle, a bad thing. What’s wrong is to impede those investigations and that the victims should not be aided. It’s true that my personality gives an additional passion to it. But that should be appropriate for any judge. All I’ve done is my job, and I intend to continue doing it. And I’m not especially worried about the criticism that comes from the bench.

JUAN GONZALEZ: And even if you’re absolved of the charges, do you think you will be able to continue to function as a judge in Spain?

JUDGE BALTASAR GARZÓN: [translated] It’s possible that I could continue, but right now I’m involved in a very interesting project in Colombia. For a certain amount of time, I’m going to be working with the OAS in Colombia on furthering the peace process and mediating, to work on a means of transitional justice.

JUAN GONZALEZ: In terms of having—achieving a peace between the FARC and the government?

JUDGE BALTASAR GARZÓN: [translated] To be able to mobilize and put into practice the law which came after the demobilization, so cases can go to trial and victims can receive justice.

AMY GOODMAN: I wanted to, as we wrap up, talk again about universal jurisdiction, what this means, using the Spanish courts to hold tyrants accountable, wherever they may be. The Spanish government is now curtailing this, saying they don’t want to use universal jurisdiction. You have been a crusader for this. Lawyers around the world have looked at what you’re doing, seeing if it’s possible in their own countries. Yet your own government is cracking down on this. Will you be able, if you are cleared of all the charges and can go back to work, to continue to hold international torturers, tyrants, accountable?

JUDGE BALTASAR GARZÓN: [translated] Yes, indeed. Not just me, but any judge should be able to and will be able to do so. No government in the world is easy with the application of the principle of universal jurisdiction. It’s a mistake. I believe it’s a mistake, because the principle of universal jurisdiction allows the fight against impunity to move forward. It’s the final scenario when the country itself is not willing to investigate these crimes, any government.

JUAN GONZALEZ: Were you surprised by some of the WikiLeaks revelations that indicated an extraordinary degree of pressure by the United States government on the judiciary and the government of Spain on cases affecting the United States?

JUDGE BALTASAR GARZÓN: [translated] Yes, it did surprise me. Those who are susceptible to being pressured will be pressured. And if not, the pressure is meaningless. In this case, the justice system in Spain, specifically in regard to Guantánamo, steadfast, stood fast.

AMY GOODMAN: We have just 10 seconds. Short answer. Your assessment of the wars in Iraq and Afghanistan?

JUDGE BALTASAR GARZÓN: [translated] The war in Iraq was an unjust and illegal war. And the war in Afghanistan, which has been conducted properly until now, there are many other things that still need to be revealed.

AMY GOODMAN: Judge Baltasar Garzón, thank you so much for being with us.

Wolfowitz Directive Gave Legal Cover to Detainee Experimentation Program October 15, 2010

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture, War on Terror.
Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
add a comment

(Roger’s Note: many people, including so-called liberals and progressives, balk at the use of the word “fascist” to describe the US government.  They should read this article.  Add Paul Wolfowitz, who already has major claim to infamy, to the list of torture enablers that includes Rumsfeld, John Yoo, Jay Bybee, et. al.  The use of the term “breed” by Wolfowitz is particularly chilling [“We are dealing with a special breed of person here.”].  Since holding onto power [at the moment, the task of maintaining majorities in Congress] is the major objective of President Obama and the Democratic Party, don’t expect much attention to be paid to the Nazi-like human research described in this article, any more than the Obama Administration has paid attention to the massive human rights violations characterized by illegal detentions, rendition, and torture.  History will judge.)

.

 Thursday 14 October 2010

by: Jason Leopold and Jeffrey Kaye, t r u t h o u t | Investigative Report
 
 

 

photo
(Illustration: Lance Page / t r u t h o u t)

In 2002, as the Bush administration was turning to torture and other brutal techniques for interrogating “war on terror” detainees, Deputy Defense Secretary Paul Wolfowitz loosened rules against human experimentation, an apparent recognition of legal problems regarding the novel strategies for extracting and evaluating information from the prisoners.

Wolfowitz issued his directive on March 25, 2002, about a month after President George W. Bush stripped the detainees of traditional prisoner-of-war protections under the Geneva Conventions. Bush labeled them “unlawful enemy combatants” and authorized the CIA and the Department of Defense (DoD) to undertake brutal interrogations.

Despite its title – “Protection of Human Subjects and Adherence to Ethical Standards in DoD-Supported Research” – the Wolfowitz directive weakened protections that had been in place for decades by limiting the safeguards to “prisoners of war.”

“We’re dealing with a special breed of person here,” Wolfowitz said about the war on terror detainees only four days before signing the new directive.

One former Pentagon official, who worked closely with the agency’s ex-general counsel William Haynes, said the Wolfowitz directive provided legal cover for a top-secret Special Access Program at the Guantanamo Bay prison, which experimented on ways to glean information from unwilling subjects and to achieve “deception detection.”

“A dozen [high-value detainees] were subjected to interrogation methods in order to evaluate their reaction to those methods and the subsequent levels of stress that would result,” said the official.

A July 16, 2004 Army Criminal Investigation Division (CID) report obtained by Truthout shows that between April and July 2003, a “physiological warfare specialist” atached to the military’s Survival, Evasion, Resistance and Escape (SERE) program was present at Guantanamo. The CID report says the instructor was assigned to a top-secret Special Access Program.

It has been known since 2009, when President Barack Obama declassified some of the Bush administration’s legal memoranda regarding the interrogation program, that there were experimental elements to the brutal treatment of detainees, including the sequencing and duration of the torture and other harsh tactics.

However, the Wolfowitz directive also suggests that the Bush administration was concerned about whether its actions might violate Geneva Conventions rules that were put in place after World War II when grisly Nazi human experimentation was discovered. Those legal restrictions were expanded in the 1970s after revelations about the CIA testing drugs on unsuspecting human subjects and conducting other mind-control experiments.

For its part, the DoD insists that it “has never condoned nor authorized the use of human research testing on any detainee in our custody,” according to spokeswoman Wendy Snyder.

However, from the start of the war on terror, the Bush administration employed nontraditional methods for designing interrogation protocols, including the reverse engineering of training given to American troops trapped behind enemy lines, called the SERE techniques. For instance, the near-drowning technique of waterboarding was lifted from SERE manuals.

Shielding Rumsfeld

Retired US Air Force Capt. Michael Shawn Kearns, a former SERE intelligence officer, said the Wolfowitz directive appears to be a clear attempt to shield then-Defense Secretary Donald Rumsfeld from the legal consequences of “any dubious research practices associated with the interrogation program.”

Scott Horton, a human rights attorney and constitutional expert, noted Wolfowitz’s specific reference to “prisoners of war” as protected under the directive, as opposed to referring more generally to detainees or people under the government’s control.

“At the time that Wolfowitz was issuing this directive, the Bush administration was taking the adamant position that prisoners taken in the’ war on terror’ were not ‘prisoners of war’ under the Geneva Conventions and were not entitled to any of the protections of the Geneva Conventions.

“Indeed, it called those protections ‘privileges’ that were available only to ‘lawful combatants.’ So the statement [in the directive] that ‘prisoners of war’ cannot be subjects of human experimentation … raises some concerns – why was the more restrictive term ‘prisoners of war’ used instead of ‘prisoners’ for instance.”

The Wolfowitz directive also changed other rules regarding waivers of informed consent. After the scandals over the CIA’s MKULTRA program and the Tuskegee experiments on African-Americans suffering from syphilis, Congress passed legislation known as the Common Rule to provide protections to human research subjects.

The Common Rule “requires a review of proposed research by an Institutional Review Board (IRB), the informed consent of research subjects, and institutional assurances of compliance with the regulations.”

Individuals who lack the capacity to provide “informed consent” must have an IRB determine if they would benefit from the proposed research. In certain cases, that decision could also be made by the subject’s “legal representative.”

However, according to the Wolfowitz directive, waivers of informed consent could be granted by the heads of DoD divisions.

Professor Alexander M. Capron, who oversees human rights and health law at the World Health Organization, said the delegation of the power to waive informed consent procedures to Pentagon officials is “controversial both because it involves a waiver of the normal requirements and because the grounds for that waiver are so open-ended.”

The Wolfowitz directive also changes language that had required DoD researchers to strictly adhere to the Nuremberg Directives for Human Experimentation and other precedents when conducting human subject research.

The Nuremberg Code, which was a response to the Nazi atrocities, made “the voluntary consent of the human subject … absolutely essential.” However, the Wolfowitz directive softened a requirement of strict compliance to this code, instructing researchers simply to be “familiar” with its contents.

“Why are DoD-funded investigators just required to be ‘familiar’ with the Nuremberg Code rather than required to comply with them?” asked Stephen Soldz, director of the Center for Research, Evaluation and Program Development at Boston Graduate School of Psychoanalysis.

Soldz also wondered why “enforcement was moved from the Army Surgeon General or someone else in the medical chain of command to the Director of Defense Research and Engineering” and why “this directive changed at this time, as the ‘war on terror’ was getting going.”

Treating Soldiers

The original impetus for the changes seems to have related more to the use of experimental therapies on US soldiers facing potential biological and other dangers in war zones.

The House Armed Services Committee proposed amending the law on human experimentation prior to the 9/11 attacks. But the Bush administration pressed for the changes after 9/11 as the United States was preparing to invade Afghanistan and new medical products might be needed for soldiers on the battlefield without their consent, said two former officials from the Defense Intelligence Agency.

Yet, there were concerns about the changes even among Bush administration officials. In a September 24, 2001, memo to lawmakers, Bush’s Office of Management and Budget (OMB) said the “administration is concerned with the provision allowing research to be conducted on human subjects without their informed consent in order to advance the development of a medical product necessary to the armed forces.”

The OMB memo said the Bush administration understood that the DoD had a “legitimate need” for “waiver authority for emergency research,” but “the provision as drafted may jeopardize existing protections for human subjects in research, and must be significantly narrowed.”

However, the broader language moved forward, as did planning for the new war on terror interrogation procedures.

In December 2001, Pentagon general counsel Haynes and other agency officials contacted the Joint Personnel Recovery Agency (JPRA), which runs SERE schools for teaching US soldiers to resist interrogation and torture if captured by an outlaw regime. The officials wanted a list of interrogation techniques that could be used for detainee “exploitation,” according to a report released last year by the Senate Armed Services Committee.

These techniques, as they were later implemented by the CIA and the Pentagon, were widely discussed as “experimental” in nature.

Bryan Thomas, a spokesman for the Senate Armed Services Committee, declined to comment on the Wolfowitz directive.

Back in Congress, the concerns from the OMB about loose terminology were brushed aside and the law governing how the DoD spends federal funds on human expirementation and research, was amended to give the DoD greater leeway regarding experimentation on human subjects.

A paragraph to that law, 10 USC 980, which had not been changed since it was first enacted in 1972, was added authorizing the defense secretary to waive “informed consent” for human subject research and experimentation. It was included in the 2002 Defense Authorization Act passed by Congress in December 2001. The Wolfowitz directive implemented the legislative changes Congress made to the law when it was issued three months later.

The changes to the “informed consent” section of the law were in direct contradiction to presidential and DoD memoranda issued in the 1990s that prohibited such waivers related to classified research. A memo signed in 1999 by Secretary of Defense William Cohen called for the prohibitions on “informed consent” waivers to be added to the Common Rule regulations covering DoD research, but it was never implemented.

Congressional Assistance

As planning for the highly classified Special Access Program began to take shape, most officials in Congress appear to have averted their eyes, with some even lending a hand.

The ex-DIA officials said the Pentagon briefed top lawmakers on the Senate Defense Appropriations Committee in November and December 2001, including the panel’s chairman Sen. Daniel Inouye (D-Hawaii) and his chief of staff Patrick DeLeon, about experimentation and research involving detainee interrogations that centered on “deception detection.”

To get a Special Access Program like this off the ground, the Pentagon needed DeLeon’s help, given his long-standing ties to the American Psychological Association (APA), where he served as president in 2000, the sources said.

According to former APA official Bryant Welch, DeLeon’s role proved crucial.

Stay informed with free Truthout updates delivered straight to your email inbox. Click here to sign up.

“For significant periods of time DeLeon has literally directed APA staff on federal policy matters and has dominated the APA governance on political matters,” Welch wrote. “For over twenty-five years, relationships between the APA and the Department of Defense (DOD) have been strongly encouraged and closely coordinated by DeLeon….

“When the military needed a mental health professional to help implement its interrogation procedures, and the other professions subsequently refused to comply, the military had a friend in Senator Inouye’s office, one that could reap the political dividends of seeds sown by DeLeon over many years.”

John Bray, a spokesman for Inuoye, said in late August he would look into questions posed by Truthout about the Wolfowitz directive and the meetings involving DeLeon and Inuoye. But Bray never responded nor did he return follow-up phone calls and emails. DeLeon did not return messages left with his assistant.

Legal Word Games 

Meanwhile, in January 2002, President Bush was receiving memos from then-Justice Department attorneys Jay Bybee and John Yoo as well as from Defense Secretary Rumsfeld and Bush’s White House counsel Alberto Gonzales, advising Bush to deny members of al-Qaeda and the Taliban prisoner-of-war status under the Geneva Conventions.

Also, about a month before the Wolfowitz directive was issued, the Defense Intelligence Agency (DIA) asked Joint Forces Command if they could get a “crash course” on interrogation for the next interrogation team headed out to Guantanamo, according to the Armed Services Committee’s report. That request was sent to Brig. Gen. Thomas Moore and was approved.

Bruce Jessen, the chief psychologist of the SERE program, and Joseph Witsch, a JPRA instructor, led the instructional seminar held in early March 2002.

The seminar included a discussion of al-Qaeda’s presumed methods of resisting interrogation and recommended specific methods interrogators should use to defeat al-Qaeda’s resistance. According to the Armed Services Committee report, the presentation provided instructions on how interrogations should be conducted and on how to manage the “long term exploitation” of detainees.

There was a slide show, focusing on four primary methods of treatment: “isolation and degradation,” “sensory deprivation,” “physiological pressures” and “psychological pressures.”

According to Jessen and Witsch’s instructor’s guide, isolation was the “main building block of the exploitation process,” giving the captor “total control” over the prisoner’s “inputs.” Examples were provided on how to implement “degradation,” by taking away a prisoner’s personal dignity. Methods of sensory deprivation were also discussed as part of the training.

Jessen and Witsch denied that “physical pressures,” which later found their way into the CIA’s “enhanced interrogation” program, were taught at the March meeting.

However, Jessen, along with Christopher Wirts, chief of JPRA’s Operational Support Office, wrote a memo for Southern Command’s Directorate of Operations (J3), entitled “Prisoner Handling Recommendations,” which urged Guantanamo authorities to take punishment beyond “base line rules.”

So, by late March 2002, the pieces were in place for a strategy of behavior modification designed to break down the will of the detainees and extract information from them. Still, to make the procedures “legal,” some reinterpretations of existing laws and regulation were needed.

For instance, attorneys Bybee and Yoo would narrow the definition of “torture” to circumvent laws prohibiting the brutal interrogation of detainees.

“Vulnerable” Individuals

In his directive, Wolfowitz also made subtle, but significant, word changes. While retaining the blanket prohibition against experimenting on prisoners of war, Wolfowitz softened the language for other types of prisoners, using a version of rules about “vulnerable” classes of individuals taken from regulations meant for civilian research by the Department of Health and Human Services (DHHS).

This research and experimentation examined physiological markers of stress, such as cortisol, and involved psychologists under contract to the CIA and the military who were experts in the field, the ex-DIA officials said.

One study, called “The War Fighter’s Stress Response,” was conducted between 2002 and 2003 and examined physiological measurements of mock torture subjects drawn from the SERE program and other high-stress military personnel, such as Special Forces Combat Divers.

Researchers measured cortisol and other hormone levels via salivary swabbing and blood samples, a process that also was reportedly done to war on terror detainees.

Three weeks after the Wolfowitz directive was signed, SERE psychologist Jessen produced a Draft Exploitation Plan for use at Guantanamo. According to the Armed Services Committee’s report, JPRA was offering its services for “oversight, training, analysis, research, and [tactics, techniques, and procedures] development” to Joint Forces Command Deputy Commander Lt. Gen. Robert Wagner. (Emphasis added.)

There were other indications that research was an important component of JPRA services to the DoD and CIA interrogation programs. When three JPRA personnel were sent to a Special Mission Unit associated with Joint Special Operations Command (JSOC) in August 2003 for what was believed to be special training in interrogation, one of the three was JPRA’s manager for research and development.

Three former top military officials interviewed by the Armed Services Committee have described Guantanamo as a “battle lab.”

According to Col. Britt Mallow, the commander of the Criminal Investigative Task Force (CITF), he was uncomfortable when Guantanamo officials Maj. Gen. Mike Dunleavy and Maj. Gen. Geoffrey Miller used the term “battle lab,” meaning “that interrogations and other procedures there were to some degree experimental, and their lessons would benefit DoD in other places.”

CITF’s deputy commander told the Senate investigators, “there were many risks associated with this concept … and the perception that detainees were used for some ‘experimentation’ of new unproven techniques had negative connotations.”

In May 2005, a former military officer who attended a SERE training facility sent an email to Middle East scholar Juan Cole stating that “Gitmo must be being used as a ‘laboratory’ for all these psychological techniques by the [counter-intelligence] guys.”

The Al-Qahtani Experiment

One of the high-value detainees imprisoned at Guantanamo who appears to have been a victim of human experimentation was Mohammed al-Qahtani, who was captured in January 2002.

A sworn statement filed by Lt. Gen. Randall M. Schmidt, al-Qahtani’s attorney, said Secretary Rumsfeld was “personally involved” in the interrogation of al-Qahtani and spoke “weekly” with Major General Miller, commander at Guantanamo, about the status of the interrogations between late 2002 and early 2003.

The treatment of al-Qahtani was cataloged in an 84-page “torture log”  that was leaked in 2006. The torture log shows that, beginning in November 2002 and continuing well into January 2003, al-Qahtani was subjected to sleep deprivation, interrogated in 20-hour stretches, poked with IVs and left to urinate on himself.

Gitanjali S. Gutierrez, an attorney with the Center for Constitutional Rights who represents al-Qahtani, had said in a sworn declaration that his client, was subjected to months of torture based on verbal and written authorizations from Rumsfeld.

“At Guantánamo, Mr. al-Qahtani was subjected to a regime of aggressive interrogation techniques, known as the ‘First Special Interrogation Plan,’” Gutierrez said. “These methods included, but were not limited to, 48 days of severe sleep deprivation and 20-hour interrogations, forced nudity, sexual humiliation, religious humiliation, physical force, prolonged stress positions and prolonged sensory over-stimulation, and threats with military dogs.”

In addition, the Senate Armed Services Committee report said al-Qahtani’s treatment was viewed as a potential model for other interrogations.

In his book, “Oath Betrayed,” Dr. Steven Miles wrote that the meticulously recorded logs of al-Qahtani’s interrogation and torture focus “on the emotions and interactions of the prisoner, rather than on the questions that were asked and the information that was obtained.”

The uncertainty surrounding these experimental techniques resulted in the presence of medical personnel on site, and frequent and consistent medical checks of the detainee. The results of the monitoring, which likely included vital signs and other stress markers, would also become data that could be analyzed to understand how the new interrogation techniques worked.

In January 2004, the Director of Defense Research and Engineering (DDR&E) initiated a DoD-wide review of human subjects protection policies. A Navy slide presentation at DoD Training Day on November 14, 2006, hinted strongly at the serious issues behind the entire review.

The Navy presentation framed the problem in the light of the history of US governmental “non-compliance” with human subjects research protections, including “US Government Mind Control Experiments – LSD, MKULTRA, MKDELTA (1950-1970s)”; a 90-day national “stand down” in 2003 for all human subject research and development activities “ordered in response to the death of subjects”; as well as use of “unqualified researchers.”

The Training Day presentation said the review found the Navy “not in full compliance with Federal policies on human subjects protection.” Furthermore, DDR&E found the Navy had “no single point of accountability for human subject protections.”

DoD refused to respond to questions regarding the 2004 review. Moreover, Maj. Gen. Ronald Sega, who at the time was the DDR&E, did not return calls for comment.

Ongoing Research

Meanwhile, the end of the Bush administration has not resulted in a total abandonment of the research regarding interrogation program.

Last March, Director of National Intelligence Dennis Blair, who recently resigned, disclosed that the Obama administration’s High-Value Detainee Interrogation Group (HIG), planned on conducting “scientific research” to determine “if there are better ways to get information from people that are consistent with our values.”

“It is going to do scientific research on that long-neglected area,” Blair said during testimony before the House Intelligence Committee. He did not provide additional details as to what the “scientific research” entailed.

As for the Wolfowitz directive, Pentagon spokeswoman Snyder said it did not open the door to human experimentation on war on terror detainees.

“There is no detainee policy, directive or instruction – or exceptions to such – that would permit performing human research testing on DoD detainees,” Snyder said. “Moreover, none of the numerous investigations into allegations of misconduct by interrogators or the guard force found any evidence of such activities.”

Snyder added that DoD is in the process of updating the Wolfowitz directive and it will be “completed for review next year.”

Jason Leopold is the Deputy Managing Editor at Truthout. He is the author of the Los Angeles Times bestseller, “News Junkie,” a memoir. Visit newsjunkiebook.com for a preview.

Jeffrey Kaye, a psychologist living in Northern California, writes regularly on torture and other subjects for Firedoglake. He also maintains

Group Wants Courts to Play ‘Keep Away’ from Torture Lawyers February 23, 2010

Posted by rogerhollander in Criminal Justice, Torture.
Tags: , , , , , , , , , , , , , ,
add a comment
Published on Monday, February 22, 2010 by Raw Storyby Sahil Kapur

Critics are working to disbar Bush administration “torture architects” from practicing law in courts again, and if that doesn’t work they’re enlisting attorneys to move to disqualify them as judges.

[Ninth Circuit Court of Appeals Judge Jay Bybee (pictured) and fellow author of Bush administration torture memos John Yoo were last week found guilty of "professional midconduct" and "poor judgment" for ignoring established case law. They were nevertheless cleared of any criminal charges. (File)]
Ninth Circuit Court of Appeals Judge Jay Bybee (pictured) and fellow author of Bush administration torture memos John Yoo were last week found guilty of “professional midconduct” and “poor judgment” for ignoring established case law. They were nevertheless cleared of any criminal charges. (File)

Ninth Circuit Court of Appeals Judge Jay Bybee and fellow author of Bush administration torture memos John Yoo were last week found guilty of “professional midconduct” and “poor judgment” for ignoring established case law. They were nevertheless cleared of any criminal charges. 

The Disbar Torture Lawyers campaign, which is part of a consortium that boasts over 120 transparency and watchdog groups, is now working to disbar Bybee and others complicit in advocating illegal interrogation methods.

“Judge Bybee can no longer pretend to be fair, impartial, or to exercise good judgment,” said attorney and campaign spokesperson Kevin Zeese in a statement. “He has been found to possess all the qualities that people do not want in a judge – bias, poor judgment, predetermination, failure to follow established law, and professional misconduct.”

DisbarTortureLawyers.com, a project of Velvet Revolution, states as its guiding principle, “Torture is illegal under both United States and international law” and prohibited as “cruel and unusual punishment” under the Eighth Amendment.

The group has filed complaints to sanction Bybee and remove him from his judge post, backed with specific language from the Department of Justice’s Office of Personal Responsibility that details his wrongdoings.

“No plaintiff or defendant should be subjected to the authority of a judge who has been so thoroughly discredited,” said Zesse, who is also urging lawyers and their clients to move to disqualify Bybee.

“We call on every plaintiff and defendant whose case is assigned to Judge Bybee to demand that their lawyer file a motion to disqualify him, and if the lawyer refuses, to take action against the lawyer for failing to protect their interests and the integrity of the judicial process.”

Also targeted in the campaign are Bybee’s fellow torture memo author John Yoo and former Attorney General Alberto Gonzales. The group intends to work with and support Congress in taking further steps to sanction these individuals and disbar those who are still working as judges.

Rep. John Conyers (D-MI) has announced plans to hold House Judiciary Committee hearings on the Bush administration lawyers whose legal memos justified the use of torture on terrorism detainees.

Last year, John Podesta, a leader of President Obama’s transition team and former chief of staff to President Bill Clinton, said Bybee should be impeached.

There “is a distinction between going back and prosecuting in the criminal courts the actors who were involved in these memos and letting Judge Bybee continue to sit on a court one step removed from the Supreme Court,” Podesta said. “He’s acting and listening to cases and making judgments of others, and we know that he authorized things that were illegal under U.S. law and violated the U.S. obligations under international treaties.”

Podesta heads the Center for American Progress Action, a liberal think tank.

© 2010 Raw Story

Spanish Justice for American Crimes? June 25, 2009

Posted by rogerhollander in Criminal Justice, Torture.
Tags: , , , , , , , , , , , , , , , , , , , , , , , ,
add a comment
Published on Thursday, June 25, 2009 by Mother Jones

Can a court in Madrid bring Gonzales, Yoo, and company to justice? Mother Jones talks to the lawyer seeking indictments of the “Bush Six.”

by Bruce Falconer

Will former US Attorney General Alberto Gonzales and other senior Bush administration officials end up in jail for crafting the policies that led to the torture of prisoners at Guantánamo? As of yet, no government prosecutor is targeting them in the United States. But thousands of miles away, Spanish attorney Gonzalo Boyé is chasing after Gonzales and five other lawyers, and he has a chance-perhaps not a large one-of convincing his country’s legal system to charge these former Bush aides with human rights violations.

For more than a decade, Spanish courts have been the terror of torturers and genocidaires the world over. Operating under the principle of “universal jurisdiction,” the country has claimed the right to investigate and, if necessary, prosecute human rights cases that occurred beyond its borders if the countries in question fail to act. Spain first invoked its status as the world’s court of last resort in 1998, when Judge Baltazar Garzón of the National Court in Madrid issued an arrest warrant for former Chilean dictator Augusto Pinochet for his regime’s torture and murder of Spanish citizens. Pinochet ultimately escaped prosecution in Spain, but Garzón’s move paved the way for more cases. Sixteen are currently moving through Spanish courts, targeting perpetrators from Israel, China, Guatemala, Argentina, and El Salvador, among other countries. Still, for all the shuffling of paper, Spain has produced only one conviction under the banner of universal jurisdiction: that of Adolfo Scilingo, an Argentinean convicted in 2005 of assassinating left-wing dissidents during the country’s “dirty war.”

Most recently, Garzón has turned his attention to six former Bush administration figures accused of putting forth specious legal arguments to justify clear violations of the United Nations Convention Against Torture. The so-called “Bush Six” case targets Gonzales; John Yoo, former Justice Department attorney and lead author of the “torture memos“; Douglas Feith, former deputy secretary of defense for policy; William Haynes II, Pentagon general counsel; Jay Bybee, former assistant attorney general; and David Addington, former chief of staff and legal adviser to Vice President Dick Cheney.

The investigation is the handiwork of Boyé, a human rights lawyer who represents several former Guantánamo detainees. According to their criminal complaint, they allege that the Bush Six “participated actively and decisively in the creation, approval and execution of a judicial framework that allowed for the deprivation of fundamental rights to a large number of prisoners,” and legitimized “the implementation of new interrogation techniques including torture.”  In March, Garzón took up Boyé’s case and initiated an official investigation; another National Court judge, Ismail Moreno, has since taken over the matter. Theoretically, assuming investigators gather sufficient evidence, indictments and prosecutions could follow, though it’s unlikely that any of the Bush administration lawyers would choose to show up in Spain for a trial.

Boyé himself is no stranger to terrorism cases. He spent eight years in a Spanish prison for his involvement in the 1988 kidnapping of businessman Emiliano Revilla, who was held hostage for eight months by members of ETA, a Basque separatist group that appears on the US State Department’s list of international terrorist organizations. Boyé claims to only have lent the kidnappers his ID and characterizes his incarceration as the result of “a very unfair trial.”

Now, Boyé has become something of a de facto prosecutor. But a recent resolution passed by the Spanish parliament could undermine his case. Spain’s two leading political parties-the Socialists and the People’s Party-overwhelmingly passed a measure on May 19 calling for a law that would restrict the use of universal jurisdiction. Will the measure quash the Bush Six investigation? Mother Jones discussed the case with Boyé. 

Mother Jones: How was it that you came to be involved with the Bush Six case?

Gonzalo Boyé: I was concerned about the situation in Guantanamo and was searching for more information about it. Then I found several books, including The Torture Team by Philippe Sands. Reading it, I was sure that the key problem was the lawyers. The lawyers who created the legal framework for Guantanamo are the basis for all that happened there. Without the lawyers, the crime would never have been committed, or at least not in that form and with such a degree of impunity.

MJ: What are you hoping to accomplish?

GB: To get a conviction against the people responsible for what happened in Guantánamo. Accountability is the first step toward deterrence. With criminal offenses like this, it is necessary to send a clear message: No one is above the law, no matter their intentions. The security of any country can only exist within the rule of law. The war on terror is no exception. Thanks to Guantánamo, no evidence obtained there can be used in any court of law. Bush and his advisers have done a great favor for Islamic terrorists.

MJ: Are there any legal precedents for what you are attempting to do?

GB: Yes, at the Nuremberg trials several lawyers and judges were convicted for actions similar to those of the Bush Six. And in other countries, legal advisers and physicians have been convicted for taking part in torture. I do not see any reason why this case should be different.

MJ: A similar case in Germany against the Bush administration failed. Why? And what do you plan to do differently in order to optimize your chances of success?

GB: Because in Germany only the state prosecutor can exercise criminal action. In Spain, victims and civil society can do so themselves. There is no political control over what can go to court. According to the Spanish constitution, anyone can file criminal charges. That is the main difference between Spain and any other legal system in which universal jurisdiction is recognized.

MJ: What would you characterize as success in this case? Indictments?

GB: We are seeking more than just indictments. These people will be convicted, either in Spain or in the United States. I would prefer that the trial take place in North America, as that would be the best example of a legal system working for everyone.

MJ: The Spanish parliament passed a draft law on May 19, setting additional restrictions on universal jurisdiction cases like yours, presumably with the intent of making them more difficult to file. How might the new law affect the Bush Six case? Does it target your investigation specifically?

GB: The Spanish parliament is in the process of approving new regulations, but that will have no effect on this case. We represent Spanish victims, so there is sufficient relevance to Spain for the case to go forward. The new regulations are being devised in order to obtain impunity for the Chinese and Israeli authorities involved in other universal jurisdiction cases. They will not apply to people involved in torture committed at Guantánamo. In the Bush Six case, we fulfill all the new requirements of the draft law, so there is no reason for the Bush Six to relax or celebrate.

MJ: How likely is it that this draft law will pass? When do you expect it will?

GB: The law will be passed without a doubt, as it is in the interest of both major political parties. For the first time in several years, they are in agreement on something. They want to grant impunity to people who have committed the most serious criminal offences as defined under international treaties. Sooner than later, the government will regret changing the law and its collaboration with the opposition. The draft law would never have been written without political pressure exerted by both Israel and China.

MJ: Why do you think both major parties in Spain are so eager to weaken universal jurisdiction?

GB: They are bending to pressure from abroad. Politicians never considered changing the law until we brought criminal cases against some Israeli and Chinese officials. At the end of the day, the new draft law was not planned in Madrid, but in Tel Aviv and Beijing. Instead of keeping a dignified and independent position, Spanish politicians are running to meet the demands of these two foreign governments. Spain does not have a long-standing democratic culture, so it feels the need to be friendly with everyone rather than only those countries that respect human rights. In cases like this, a middle-of-the-road position is unacceptable: Either you are with the victims, or you are with the perpetrators. Spain was to play a major role in a peaceful solution to the Israeli-Palestinian problem, but with decisions like this, its position will become unacceptable to the Palestinian side. Politicians have a double standard when it comes to these types of crimes. That is quite evident.

MJ: How far along is the investigation? Have you requested that Judge Moreno call any witnesses? Gather any documents?

GB: We have requested a lot of documents and are waiting for US authorities to respond. We have presented some expert reports to the court. The next step will be to call witnesses.

MJ: Do you intend to urge the court to call members of the Bush Six to testify?

GB: Yes, all of them will be called as defendants. They are people responsible for serious criminal offences. We will guarantee them due process, as that is the only way to achieve proper justice.

© 2009 Mother Jones

Bruce Falconer is a reporter in Mother Jones’ Washington bureau. For more of his stories, click here.

Gonzales’s Advice to Bush on How to Avoid War Crimes June 22, 2009

Posted by rogerhollander in Criminal Justice, George W. Bush, Torture.
Tags: , , , , , , , , , , , , , , , , , , , , , , , , , ,
add a comment

bush and gonzales

17 June 2009by: Jason Leopold, t r u t h o u t | Report

On January 25, 2002, then-White House counsel Alberto Gonzales advised George W. Bush in a memo to deny al-Qaeda and Taliban prisoners protections under the Geneva Conventions because doing so would “substantially reduces the threat of domestic criminal prosecution under the War Crimes Act” and “provide a solid defense to any future prosecution.”

    Two weeks later, Bush signed an action memorandum dated February 7, 2002, addressed to Vice President Dick Cheney, which denied baseline protections to al-Qaeda and Taliban prisoners under the Third Geneva Convention. That memo, according to a recently released bipartisan report issued by the Senate Armed Services Committee, opened the door to “considering aggressive techniques,” which were then developed with the complicity of then-Defense Secretary Donald Rumsfeld, Bush’s National Security Adviser Condoleezza Rice, and other senior Bush officials.

    “The President’s order closed off application of Common Article 3 of the Geneva Conventions, which would have afforded minimum standards for humane treatment, to al-Qaeda or Taliban detainees,” says the committee’s December 11 report.

“While the President’s order stated that, as ‘a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of the Geneva Conventions,’ the decision to replace well established military doctrine, i.e., legal compliance with the Geneva Conventions, with a policy subject to interpretation, impacted the treatment of detainees in US custody.”

    The Supreme Court held in 2006, in Hamdan v. Rumsfeld, that the prisoners were entitled to protections under the Geneva Conventions.

    Many of the classified policy directives, such as Gonzales’s memo to Bush, are now part of the public record thanks to the American Civil Liberties Union’s (ACLU) Freedom of Information Act lawsuit against the Bush administration, which has so far resulted in the release of more than 100,000 pages of documents that shows how Bush officials twisted the law in order to build a legal framework for torture.

    These documents have been posted on the ACLU’s web site. But several hundred of the most explosive records were republished in the book “Administration of Torture” along with hard-hitting commentary by the ACLU’s Jameel Jaffer, who heads the group’s National Security Project, and Amrit Singh, a staff attorney with the organization.

    Rumsfeld Wanted a “Product”

    On February 14, 2002, just one week after Bush signed the action memo, Maj. Gen. Mike Dunlavey was contacted by Rumsfeld, who asked him to attend a Defense Department meeting with Rumsfeld, Wolfowitz, and others on February 21 or 22. At the meeting, Rumsfeld told Dunlavey he wanted him to oversee interrogations at the Guantanamo Bay naval facility in Cuba. Prisoners captured by US military personnel had first arrived at Guantanamo a month earlier. Dunlavey was a family court judge in Erie County, Pennsylvania, when he got the call from Rumsfeld and was placed in charge of interrogations at Guantanamo.

    Rumsfeld told Dunlavey, according to a witness statement he made on March 17, 2005, to US Air Force Lt. Gen. Randall Schmidt, who was investigating FBI complaints about abuse at Guantanamo, that the Department of Defense had rounded up “a number of bad guys” and the secretary of defense “wanted a product and wanted intelligence now.”

    Rumsfeld “wanted to set up interrogation operations and to identify the senior Taliban and senior operatives and to obtain information on what they were going to do regarding their operations and structure,” Dunlavey said, according to a copy of his witness statement. “Initially, I was told that I would answer to SECDEF (Secretary of Defense) and [US Southern Command]. The directions changed and I got my marching orders from the President of the United States. I was told by the SECDEF that he wanted me back in Washington, DC every week to brief him…. The mission was to get intelligence to prevent another 9/11.”

    Dunlavey did not explain what he meant by “I got my marching orders from the president.” But his comments suggest that Bush may have played a much larger role in the interrogation of prisoners than he has let on. Moreover, Dunlavey’s witness statement indicates that harsh interrogations, such as waterboarding, may have taken place earlier than previously known and may have preceded an August 1, 2002, legal opinion issued by the Justice Department’s Office of Legal Counsel authorizing specific interrogation techniques to use against prisoners.

    As early as December 2001, according to the documents obtained by the ACLU, high-ranking military officials began to implement an Army and Air Force survival-training program called Survival, Evasion, Resistance and Escape (SERE), which were meant to prepare US soldiers for abuse they might suffer if captured by an outlaw regime.

    In June 2004, Gen. James Hill of Southern Command, the Defense Department’s command unit responsible for military operations in Central and South America and the Caribbean, held a press briefing and confirmed that interrogation techniques specifically authorized by Rumsfeld for use at Guantanamo were derived from the SERE school. In October 2002, Dunlavey wrote to Hill to seek authorization that interrogators be granted the authority to use methods that strayed from the Army Field Manual in order to extract information from prisoners.

    Dunlavey, in making his case to Hill for authority to use more aggressive techniques, attached a copy of Bush’s then classified February 7, 2002, action memo along with an analysis that said, “since the detainees are not [Enemy Prisoners of War] the Geneva Conventions limitations that ordinarily would govern captured enemy personnel interrogations are not binding on US personnel.”

    Hill sent Dunlavey’s request to Gen. Richard Myers, chairman of the Joint Chiefs of Staff. Myers discussed it with William Haynes II, the Defense Department’s general counsel, who briefed Deputy Secretary of Defense Paul Wolfowitz and Undersecretary of Defense for Policy Doug Feith. The request ultimately ended up on Rumsfeld’s desk and he approved it, according to the documents.

    “The documents establish that senior officials in Washington, including White House Counsel Alberto Gonzales, constructed a legal framework that would permit the abuse and torture of prisoners,” the ACLU’s Jaffer and Singh wrote in “Administration of Torture.” “They establish that Secretary of Defense Donald Rumsfeld, relying on this legal framework, expressly authorized the use of interrogation methods – including SERE methods – that went far beyond those endorsed by the Army Field Manual. They establish that Rumsfeld and Gen. Geoffrey Miller oversaw the implementation of the newly authorized interrogation methods and closely supervised the interrogation of prisoners thought to be especially valuable.”

    FBI Objects

    In early December 2002, FBI officials who had participated in some interrogations at Guantanamo complained to Miller that the methods used against prisoners at Guantanamo were unlawful. But Miller was not receptive. That led FBI officials to conclude that senior Bush administration officials and Rumsfeld were making decisions about interrogations in particular.

    A December 16, 2002, email written by an FBI official expressed frustration that the Defense Department refused to budge from its controversial interrogation methods.

    “Looks like we are stuck in the mud with the interview approach of the military vs. law enforcement,” the email said.

    In May 2004, Miller told the Senate Armed Services Committee that he briefed Wolfowitz and Undersecretary of Defense Stephen Cambone about his plan to “Gitmo-ize” the Abu Ghraib prison.

    That month, an email written by a senior FBI agent in Iraq in 2004 specifically stated that President George W. Bush had signed an executive order approving the use of military dogs, sleep deprivation, and other tactics to intimidate Iraqi detainees.

    The FBI email, dated May 22, 2004, followed disclosures about abuse of Iraqi detainees at Abu Ghraib prison and sought guidance on whether FBI agents in Iraq were obligated to report the US military’s harsh interrogation of inmates when that treatment violated FBI standards, but fit within the guidelines of a presidential executive order.

    According to the email, Bush’s executive order authorized interrogators to use military dogs, “stress positions,” sleep “management,” loud music and “sensory deprivation through the use of hoods, etc.” to extract information from detainees in Iraq.

    The May 2004, FBI email stated that the FBI interrogation team in Iraq understood that despite revisions in the executive order that occurred after the furor over the Abu Ghraib abuses, the presidential sanctioning of harsh interrogation tactics had not been rescinded.

    “I have been told that all interrogation techniques previously authorized by the Executive Order are still on the table but that certain techniques can only be used if very high-level authority is granted,” the author of the FBI email said.

    “We have also instructed our personnel not to participate in interrogations by military personnel which might include techniques authorized by Executive Order but beyond the bounds of FBI practices.”

    The White House had emphatically denied that any such presidential executive order existed, calling the unnamed FBI official who wrote the email “mistaken.” Prior to the May 22, 2004, email several others written by FBI agents that month were sent to Valerie Caproni, the FBI’s general counsel, about detainees being tortured before the unnamed agent sent Caproni the email citing Bush’s alleged executive order.

    On July 9, 2004, the FBI’s Office of Inspections distributed an email asking its agents who were stationed at Guantanamo whether they had witnessed, “Aggressive treatment, interrogations or interview techniques … which were not consistent with FBI interview policy/guidelines.”

    More than two-dozen agents responded that they observed numerous instances of detainee abuse. One FBI agent wrote that, despite Rumsfeld’s public statements to the contrary, the interrogation methods “were approved at high levels w/in DoD.” In addition to Rumsfeld, the FBI emails said Paul Wolfowitz, one Bush administration official who has largely escaped scrutiny in the torture debate, approved the methods at Guantanamo.

    In 2006, Miller received a Distinguished Service Medal for “exceptionally meritorious service.” Dunlavey is an Erie County judge.

»


Jason Leopold is editor in chief of The Public Record, www.pubrecord.org.

Judge: Ex-Bush Lawyer Can be Sued Over Torture June 13, 2009

Posted by rogerhollander in Criminal Justice, Torture.
Tags: , , , , , , , , , , , ,
add a comment
abu ghraib matthew langley
 
Published on Saturday, June 13, 2009 by The San Francisco Chronicle

by Bob Egelko

A prisoner who says he was tortured while being held for nearly four years as a suspected terrorist can sue former Bush administration lawyer John Yoo for coming up with the legal theories that justified his alleged treatment, a federal judge in San Francisco ruled Friday.

U.S. District Judge Jeffrey White’s decision marks the first time a government lawyer has been held potentially responsible for the abuse of detainees.

“Like any other government official, government lawyers are responsible for the foreseeable consequences of their conduct,” White said in refusing to dismiss Jose Padilla’s lawsuit against Yoo.

If Padilla, now serving a 17-year prison sentence on terrorism charges, can prove his allegations, he can show that Yoo “set in motion a series of events that resulted in the deprivation of Padilla’s constitutional rights,” White said.

White, an appointee of former President George W. Bush, noted that Padilla’s lawsuit accuses Yoo of helping to design administration policy on detention and torture, and then crafting legal opinions to justify it – stepping outside the usual role of a lawyer.

Yoo, a UC Berkeley law professor, was an attorney in the Justice Department’s Office of Legal Counsel from 2001 to 2003 and wrote a series of memos on interrogation, detention and presidential powers.

The best-known memo, written to then-White House Counsel Alberto Gonzales in 2002, said rough treatment of captives amounted to torture only if it caused the same level of pain as “organ failure, impairment of bodily function or even death.” The memo also said the president may have the constitutional power to authorize torture of enemy combatants.

‘Any means necessary’

A 2001 Yoo memo, made public by the Obama administration, said U.S. military forces could use “any means necessary” to seize and hold terror suspects in the United States.

Yoo could not be reached at his Berkeley office Friday. A spokesman for the Justice Department, which is representing him and has argued for dismissal of the suit, was unavailable for comment.

Padilla’s lawyers issued a statement saying they are “pleased that our client will get his day in court and the right to challenge the unconstitutional conduct to which he was subjected.”

Unique ruling

John Eastman, law school dean at Chapman University in Orange County, where Yoo taught for the past year, said the ruling is unique – the first to hold any administration official potentially liable for alleged mistreatment of terrorist suspects.

Eastman predicted that the Justice Department will file an immediate appeal, going to the Supreme Court if necessary. Padilla, a U.S. citizen, was arrested in Chicago in 2002 and accused by the Bush administration of plotting with al Qaeda to detonate a radioactive “dirty bomb.”

Declared an enemy combatant, Padilla was held in a Navy brig for three years and eight months and was denied all contact with the outside world for the first half of that period, his suit said. He was then taken out of the brig and charged with taking part in an unrelated conspiracy to provide money and supplies to Islamic extremist groups. He was convicted and has appealed.

His suit against Yoo covers his time in the brig. He says he was detained illegally, held for lengthy periods in darkness and blinding light, subjected to temperature extremes and sleep deprivation, confined in painful stress positions, and threatened with death to himself, harm to his family and transfer to a nation where he would be tortured.

Claims of mistreatment

The suit said Yoo – who has acknowledged being a member of an administration planning group known as the “war council” – personally reviewed and approved Padilla’s detention in the brig and provided the legal cover for his treatment.

At a hearing in March, Justice Department lawyer Mary Mason told White that courts had no power to scrutinize high-level government decision-making, especially in wartime.

But White said Friday that Padilla had a right to sue “the alleged architect of the government policy” on enemy combatants. He said an examination of Yoo’s publicly disclosed writings would not damage national security, and an inquiry into “allegations of unconstitutional treatment of an American citizen on American soil” would not affect foreign relations.

© 2009 The San Francisco Chronicle

Follow

Get every new post delivered to your Inbox.

Join 184 other followers