Tags: bagram, ben emmerson, desmond tutu, enemy combatant, england, Guantanamo, human rights, Moazzam Begg, muslim, racism, roger hollander, rumsfeld, torture, victoria brittain, war on terror, women
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Published on Tuesday, March 5, 2013 by TomDispatch.com
Once, as a reporter, I covered wars, conflicts, civil wars, and even a genocide in places like Vietnam, Angola, Eritrea, Rwanda, and the Democratic Republic of Congo, keeping away from official briefings and listening to the people who were living the war. In the years since the Bush administration launched its Global War on Terror, I’ve done the same thing without ever leaving home.
In the last decade, I didn’t travel to distant refugee camps in Pakistan or destroyed villages in Afghanistan, nor did I spend time in besieged cities like Iraq’s Fallujah or Libya’s Misrata. I stayed in Great Britain. There, my government, in close conjunction with Washington, was pursuing its own version of what, whether anyone cared to say it or not, was essentially a war against Islam. Somehow, by a series of chance events, I found myself inside it, spending time with families transformed into enemies.
I hadn’t planned to write about the war on terror, but driven by curiosity about lives most of us never see and a few lucky coincidences, I stumbled into a world of Muslim women in London, Manchester, and Birmingham. Some of them were British, others from Arab and African countries, but their husbands or sons had been swept up in Washington’s war. Some were in Guantanamo, some were among the dozen Muslim foreigners who did not know each other, and who were surprised to find themselves imprisoned together in Britain on suspicion of links to al-Qaeda. Later, some of these families would find themselves under house arrest.
In the process, I came to know women and children who were living in almost complete isolation and with the stigma of a supposed link to terrorism. They had few friends, and were cut off from the wider world. Those with a husband under house arrest were allowed no visitors who had not been vetted for “security,” nor could they have computers, even for their children to do their homework. Other lonely women had husbands or sons who had sometimes spent a decade or more in prison without charges in the United Kingdom, and were fighting deportation or extradition.
Gradually, they came to accept me into their isolated lives and talked to me about their children, their mothers, their childhoods — but seldom, at first, about the grim situations of their husbands, which seemed too intimate, too raw, too frightening, too unknowable to be put into words.
In the early years, it was a steep learning curve for me, spending time in homes where faith was the primary reality, Allah was constantly invoked, English was a second language, and privacy and reticence were givens. Facebook culture had not come to most of these families. The reticence faded over the years, especially when the children were not there, or in the face of the kind of desolation that came from a failed court appeal to lift the restrictions on their lives, an unexpected police raid on the house, a husband’s suicide attempt, or the coming of a new torture report from Washington’s then-expanding global gulag of black sites and, of course, Guantanamo.
In these years, I met some of their husbands and sons as well. The first was a British man from Birmingham, Moazzam Begg. He had been held for three years in Washington’s notorious offshore prison at Guantanamo Bay, Cuba, only to be released without charges. When he came home, through his lawyer, he asked me to help write his memoir, the first to come out of Guantanamo. We worked long months on Enemy Combatant. It was hard for him to relive his nightmare days and nights in American custody in Kandahar and in the U.S. prison at Bagram Air Base in Afghanistan and then those limbo years in Cuba. It was even harder for him to visit the women whose absent husbands he had known in prison and who, unlike him, were still there.
Was My Husband Tortured?
In these homes he visited, there was always one great unspoken question: Was my husband or son tortured? It was the single question no one could bear to ask a survivor of that nightmare, even for reassurance. When working on his book, I deliberately left the chapter on his experiences in American hands in Bagram prison for last, as I sensed how difficult it would be for both of us to speak about the worst of the torture I knew he had experienced.
Through Moazzam, I met other men who had been swept up in the post-9/11 dragnet for Muslims in Great Britain, refugees who sought him out as an Arabic speaker and a British citizen to help them negotiate Britain’s newly hostile atmosphere in the post-9/11 years. Soon, I began to visit some of their wives, too.
In time, I found myself deep inside a world of civilian women who were being warred upon (after a fashion) in my own country, which was how I came upon a locked-down hospital ward with a man determined to starve himself to death unless he was given refugee documents to leave Britain, children who cried in terror in response to a knock on the door, wives faced with a husband changed beyond words by prison.
I found myself deep inside a world of civilian women who were being warred upon (after a fashion) in my own country, which was how I came upon a locked-down hospital ward with a man determined to starve himself to death, children who cried in terror in response to a knock on the door, wives faced with a husband changed beyond words by prison.
I was halfway through working on Moazzam’s book when London was struck by our 9/11, which we call 7/7. The July 7, 2005, suicide bombings, in three parts of the London underground and a bus, killed 52 civilians and injured more than 700. The four bombers were all young British men between 18 and 30, two of them married with children, and one of them a mentor at a primary school. In video statements left behind they described themselves as “soldiers” whose aim was to force the British government to pull its troops out of Iraq and Afghanistan. Just three weeks later, there were four more coordinated bomb attacks on the London subway system. (All failed to detonate.) The four men responsible, longterm British residents originally from the Horn of Africa, were captured, tried, and sentenced to life imprisonment. In this way, the whole country was traumatised in 2005, and that particularly includes the various strands of the Muslim community in Great Britain.
The British security services quickly returned to a post-9/11 stance on overdrive. The same MI5 intelligence agents who had interrogated Moazzam while he was in U.S. custody asked to meet him again to get his thoughts on who might be behind the attacks. However, three years in U.S. custody and five months at home occupied with his family and his book had not made him a likely source of information on current strains of thought in the British Muslim community.
At the same time, the dozen foreign Muslim refugees detained in the aftermath of 9/11 and held without trial for two years before being released on the orders of the House of Lords were rearrested. In the summer of 2005, the government prepared to deport them to countries they had originally fled as refugees.
All of them had been made anonymous by court order and in legal documents were referred to as Mr. G, Mr. U, and so on. This was no doubt intended to safeguard their privacy, but in a sense it also condemned them. It made them faceless, inhuman, and their families experienced it just that way. “They even took my husband’s name away, why?” one wife asked me.
The women I was meeting in these years were mostly from this small group, as well as the relatives of a handful of British residents — Arabs — who were not initially returned from Guantanamo with the nine British citizens that the Americans finally released without charges in 2004 and 2005.
Perhaps no one in the country was, in the end, more terrorised than them, thanks to the various terror plots by British nationals that followed. And they were right to be fearful. The pressure on them was overwhelming. Some of them simply gave up and went home voluntarily because they could not bear house arrest, though they risked being sent to prison in their native lands; others went through years of house arrest and court appeals against deportation, all of which continues to this day.
Among the plots that unnerved them were one in 2006 against transatlantic aircraft, for which a total of 12 Britons were jailed for life in 2009, and the 2007 attempt to blow up a London nightclub and Glasgow International Airport, in which one bomber died and the second was jailed for 32 years. In the post-9/11 decade, 237 people were convicted of terror-related offences in Britain.
Though all of this was going on, much of it remained remote from the world of the refugee women I came to know who, in the larger world, were mainly preoccupied with the wars in Iraq and Afghanistan that, with Palestinian developments, filled their TV screens tuned only to Arabic stations.
These women did not tend to dwell on their own private nightmares, but for anyone in their company there was no mistaking them: a wife prevented from taking her baby into the hospital to visit her hunger-striking husband and get him to eat before he starved to death; another, with several small children, turned back from a prison visit, despite a long journey, because her husband was being punished that day; children whose toys were taken in a police raid and never given back; midnight visits from a private security company to check on a man already electronically tagged.
These women did not tend to dwell on their own private nightmares: a wife prevented from taking her baby into the hospital to visit her hunger-striking husband and get him to eat before he starved to death; another turned back from a prison visit because her husband was being punished that day; children whose toys were taken in a police raid and never given back; midnight visits from a private security company to check on a man already electronically tagged.
Here was the texture of a hidden war of continual harassment against a largely helpless population. This was how some of the most vulnerable people in British society — often already traumatised refugees and torture survivors — were made permanent scapegoats for our post-9/11, and then post-7/7 fears.
So powerful is the stigma of “terrorism” today that, in the name of “our security,” whether in Great Britain or the United States, just about anything now goes, and ever fewer people ask questions about what that “anything” might actually be. Here in London, repeated attempts to get influential religious or political figures simply to visit one of these officially locked-down families and see these lives for themselves have failed. In the present political climate, such a personal, fact-finding visit proved to be anything but a priority for such people.
A Legal System of Secret Evidence, House Arrest, and Financial Sanctions
Against this captive population, in such an anything-goes atmosphere, all sorts of experimental perversions of the legal system were tried out. As a result, the British system of post-9/11 justice contains many features which should frighten us all but are completely unfamiliar to the vast majority of people in the United Kingdom.
Key aspects for the families I have been concerned with include the use of secret evidence in cases involving deportation, bail conditions, and imprisonment without trial. In addition, most of their cases have been heard in a special court known as the Special Immigration Appeals Commission or SIAC, which is housed in an anonymous basement set of rooms in central London.
One of SIAC’s innovative features is the use of “special advocates,” senior barristers who have security clearance to see secret evidence on behalf of their clients, but without being allowed to disclose it or discuss it, even with the client or his or her own lawyer. The resignation on principle of a highly respected barrister, Ian Macdonald, as a special advocate in November 2004 exposed this process to the public for the first time — but almost no one took any interest.
And a sense of the injustice in this arcane system was never sufficiently sparked by such voices, which found little echo in the media. Nor was there a wide audience for reports from ateam of top psychiatrists about the devastating psychological impact on the men and their families of indefinite detention without trial, and of a house-arrest system framed by “control orders” that allow the government to place restrictions of almost any sort on the lives of those it designates.
An even less noted aspect of the anti-terror legal system brought into existence after 9/11 was the financial sanctions that could freeze the assets of designated individuals. First ordered by the United Nations, the financial-sanctions regime was consolidated here through a European Union list of designated people. The few lawyers who specialized in this area were scathing about the draconian measures involved and the utter lack of transparency when it came to which governments had put which names on which list.
The effect on the listed families was draconian. Marriages collapsed under the strain. The listed men were barred from working and only allowed £10 a week for personal expenses. Their wives — often from conservative cultures where all dealings with the outside world had been left to husbands — suddenly were the families’ faces to the world, responsible for everything from shopping to accounting monthly to the government’s Home Office for every item the family purchased, right down to a bottle of milk or a pencil for a child. It was humiliating for the men, who lost their family role overnight, and exhausting and frustrating for the women, while in some cases the rest of their families shunned them because of the taint of alleged terrorism. Almost no one except specialist lawyers even knew that such financial sanctions existed in Britain.
In the country’s High Court, the first judicial challenge to the financial-sanctions regime was brought in 2008 by five British Muslim men known only as G, K, A, M, and Q. In response, Justice Andrew Collins said he found it “totally unacceptable” that, to take an especially absurd example, a man should have to get a license for legal advice about the sanctions from the very body that was imposing them. The man in question had waited three months for a “basic expense” license permitting funds for food and rent, and six months for a license to obtain legal advice about the situation he found himself in.
In a related case before the judicial committee of the House of Lords, Justice Leonard Hoffman expressed incredulity at the “meanness and squalor” of a regime that “monitored who had what for lunch.” More recently, the United Kingdom’s Supreme Court endorsed the comments of Lord Justice Stephen Sedley who described those subject to the regime as being akin to “prisoners of the state.”
Among senior lawyers concerned about this hidden world of punishment was Ben Emmerson, the U.N. Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism. He devoted one of his official U.N. reports to the financial sanctions issue. His recommendations included significantly more transparency from governments who put people on such a list, the explicit exclusion of evidence obtained by torture, and the obligation of governments to give reasons when they refuse to remove individuals from the list. Of course, no one who mattered was paying the slightest attention.
Against ideological governments obsessed by terrorism on both sides of the Atlantic and a culture numbed by violent anti-terrorist tales like “24” and Zero Dark Thirty, such complicated and technical initiatives on behalf of individuals who have been given the tag, implicitly if not explicitly, of “terrorist” stand little chance of getting attention.
“Each Time It’s Worse”
Nearly a decade ago, at the New York opening night of Guantanamo: Honour Bound to Defend Freedom, the play Gillian Slovo and I wrote using only the words of the relatives of prisoners in that jail, their lawyers, and Secretary of Defense Donald Rumsfeld, an elderly man approached Moazzam Begg’s father and me. He introduced himself as a former foreign policy adviser to President John Kennedy. “It could never have happened in our time,” he said.
When the Global War on Terror was still relatively new, it was common for audiences to react similarly and with shock to a play in which fathers and brothers describe their bewilderment over the way their relation had disappeared into the legal black hole of Guantanamo Bay. In the years since, we have become numb to the destruction of lives, livelihoods, futures, childhoods, legal systems, and trust by Washington’s and London’s never-ending war on terror.
In that time, I have seen children grow from toddlers to teenagers locked inside this particular war machine. What they say today should startle us out of such numbness. Here, for instance, are the words of two teenagers, a girl and a boy whose fathers had been imprisoned or under house arrest in Britain for 10 years and whose lives in those same years were filled with indignities and humiliations:
“People seem to think that we get used to things being how they are for us, so we don’t feel the injustices so much now. They are quite wrong: it was painful the first time, more painful the second, even more so the third. In fact, each time it’s worse, if you can believe that. There isn’t a limit on how much pain you can feel.”
The boy added this:
“There is never one day when I feel safe. It can be the authorities, it can be ordinary people, they can do something bad for us. Only like now when we are all in the house together can I stop worrying about my mum and my sisters, and even me, what might happen to us. On the tube [subway], in class at university, people look at my beard. I see them looking and I know they are thinking bad things about me. I would like to be a normal guy who no one looks at. You know, other boys, some of my friends, they cut corners, things like driving without a current license, everyone does it. But I can’t, I can’t ever, ever, take even a small risk. I have to always be cautious, be responsible… for my family.”
These children have been brought up by women who, against all odds, have often preserved their dignity and kept at least a modicum of joy in their families’ lives, and so, however despised, however unnoticed, however locked away, made themselves an inspiration to others. They are not victims to be pitied, but women our societies should embrace.
South African Archbishop Desmond Tutu’s response to recent proposals that Washington establish a secret court to oversee the targeting of terrorist suspects for death-by-drone and President Obama’s expanding executive power to kill, speak for the world beyond the West. They offer a different perspective on the war on terror that Washington and Great Britain continue to pursue with no end in sight:
“Do the United States and its people really want to tell those of us who live in the rest of the world that our lives are not of the same value as yours? That President Obama can sign off on a decision to kill us with less worry about judicial scrutiny than if the target is an American? Would your Supreme Court really want to tell humankind that we, like the slave Dred Scott in the nineteenth century, are not as human as you are? I cannot believe it. I used to say of apartheid that it dehumanized its perpetrators as much as, if not more than, its victims. Your response as a society to Osama bin Laden and his followers threatens to undermine your moral standards and your humanity.”
Victoria Brittain, journalist and former editor at the Guardian, has authored or co-authored two plays and four books, including Enemy Combatant with Moazzam Begg. Her latest book, Shadow Lives: The Forgotten Women of the War on Terror (Palgrave/Macmillan, 2013) has just been published.
How a Washington Global Torture Gulag Was Turned Into the Only Gulag-Free Zone on Earth February 18, 2013Posted by rogerhollander in Brazil, Chile, Latin America, Torture, War on Terror.
Tags: 9/11, bagram, cia prisons, counterterrorism, donald rumsfeld, globalizing torture, greg grandin, Guantanamo, Hugo Chavez, Latin America, mahar arar, operation condor, pinochet, rendition, roger hollander, torture, war on terror, wikileaks
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The Latin American Exception
(Max Fisher — The Washington Post)
The map tells the story. To illustrate a damning new report, “Globalizing Torture: CIA Secret Detentions and Extraordinary Rendition,” recently published by the Open Society Institute, the Washington Post put together an equally damning graphic: it’s soaked in red, as if with blood, showing that in the years after 9/11, the CIA turned just about the whole world into a gulag archipelago.
Back in the early twentieth century, a similar red-hued map was used to indicate the global reach of the British Empire, on which, it was said, the sun never set. It seems that, between 9/11 and the day George W. Bush left the White House, CIA-brokered torture never saw a sunset either.
All told, of the 190-odd countries on this planet, a staggering 54 participated in various ways in this American torture system, hosting CIA “black site” prisons, allowing their airspace and airports to be used for secret flights, providing intelligence, kidnapping foreign nationals or their own citizens and handing them over to U.S. agents to be “rendered” to third-party countries like Egypt and Syria. The hallmark of this network, Open Society writes, has been torture. Its report documents the names of 136 individuals swept up in what it says is an ongoing operation, though its authors make clear that the total number, implicitly far higher, “will remain unknown” because of the “extraordinary level of government secrecy associated with secret detention and extraordinary rendition.”
No region escapes the stain. Not North America, home to the global gulag’s command center. Not Europe, the Middle East, Africa, or Asia. Not even social-democratic Scandinavia. Sweden turned over at least two people to the CIA, who were then rendered to Egypt, where they were subject to electric shocks, among other abuses. No region, that is, except Latin America.
What’s most striking about the Post’s map is that no part of its wine-dark horror touches Latin America; that is, not one country in what used to be called Washington’s “backyard” participated in rendition or Washington-directed or supported torture and abuse of “terror suspects.” Not even Colombia, which throughout the last two decades was as close to a U.S.-client state as existed in the area. It’s true that a fleck of red should show up on Cuba, but that would only underscore the point: Teddy Roosevelt took Guantánamo Bay Naval Base for the U.S. in 1903 “in perpetuity.”
Two, Three, Many CIAs
How did Latin America come to be territorio libre in this new dystopian world of black sites and midnight flights, the Zion of this militarist matrix (as fans of the Wachowskis’ movies might put it)? After all, it was in Latin America that an earlier generation of U.S. and U.S.-backed counterinsurgents put into place a prototype of Washington’s twenty-first century Global War on Terror.
Even before the 1959 Cuban Revolution, before Che Guevara urged revolutionaries to create “two, three, many Vietnams,” Washington had already set about establishing two, three, many centralized intelligence agencies in Latin America. As Michael McClintock shows in his indispensable book Instruments of Statecraft, in late 1954, a few months after the CIA’s infamous coup in Guatemala that overthrew a democratically elected government, the National Security Council first recommended strengthening “the internal security forces of friendly foreign countries.”
In the region, this meant three things. First, CIA agents and other U.S. officials set to work “professionalizing” the security forces of individual countries like Guatemala, Colombia, and Uruguay; that is, turning brutal but often clumsy and corrupt local intelligence apparatuses into efficient, “centralized,” still brutal agencies, capable of gathering information, analyzing it, and storing it. Most importantly, they were to coordinate different branches of each country’s security forces — the police, military, and paramilitary squads — to act on that information, often lethally and always ruthlessly.
Second, the U.S. greatly expanded the writ of these far more efficient and effective agencies, making it clear that their portfolio included not just national defense but international offense. They were to be the vanguard of a global war for “freedom” and of an anticommunist reign of terror in the hemisphere. Third, our men in Montevideo, Santiago, Buenos Aires, Asunción, La Paz, Lima, Quito, San Salvador, Guatemala City, and Managua were to help synchronize the workings of individual national security forces.
The result was state terror on a nearly continent-wide scale. In the 1970s and 1980s, Chilean dictator Augusto Pinochet’s Operation Condor, which linked together the intelligence services of Argentina, Brazil, Uruguay, Paraguay, and Chile, was the most infamous of Latin America’s transnational terror consortiums, reaching out to commit mayhem as far away as Washington D.C., Paris, and Rome. The U.S. had earlier helped put in place similar operations elsewhere in the Southern hemisphere, especially in Central America in the 1960s.
By the time the Soviet Union collapsed in 1991, hundreds of thousands of Latin Americans had been tortured, killed, disappeared, or imprisoned without trial, thanks in significant part to U.S. organizational skills and support. Latin America was, by then, Washington’s backyard gulag. Three of the region’s current presidents — Uruguay’s José Mujica, Brazil’s Dilma Rousseff, and Nicaragua’s Daniel Ortega — were victims of this reign of terror.
When the Cold War ended, human rights groups began the herculean task of dismantling the deeply embedded, continent-wide network of intelligence operatives, secret prisons, and torture techniques — and of pushing militaries throughout the region out of governments and back into their barracks. In the 1990s, Washington not only didn’t stand in the way of this process, but actually lent a hand in depoliticizing Latin America’s armed forces. Many believed that, with the Soviet Union dispatched, Washington could now project its power in its own “backyard” through softer means like international trade agreements and other forms of economic leverage. Then 9/11 happened.
“Oh My Goodness”
In late November 2002, just as the basic outlines of the CIA’s secret detention and extraordinary rendition programs were coming into shape elsewhere in the world, Secretary of Defense Donald Rumsfeld flew 5,000 miles to Santiago, Chile, to attend a hemispheric meeting of defense ministers. “Needless to say,” Rumsfeld nonetheless said, “I would not be going all this distance if I did not think this was extremely important.” Indeed.
This was after the invasion of Afghanistan but before the invasion of Iraq and Rumsfeld was riding high, as well as dropping the phrase “September 11th” every chance he got. Maybe he didn’t know of the special significance that date had in Latin America, but 29 years earlier on the first 9/11, a CIA-backed coup by General Pinochet and his military led to the death of Chile’s democratically elected president Salvador Allende. Or did he, in fact, know just what it meant and was that the point? After all, a new global fight for freedom, a proclaimed Global War on Terror, was underway and Rumsfeld had arrived to round up recruits.
There, in Santiago, the city out of which Pinochet had run Operation Condor, Rumsfeld and other Pentagon officials tried to sell what they were now terming the “integration” of “various specialized capabilities into larger regional capabilities” — an insipid way of describing the kidnapping, torturing, and death-dealing already underway elsewhere. “Events around the world before and after September 11th suggest the advantages,” Rumsfeld said, of nations working together to confront the terror threat.
“Oh my goodness,” Rumsfeld told a Chilean reporter, “the kinds of threats we face are global.” Latin America was at peace, he admitted, but he had a warning for its leaders: they shouldn’t lull themselves into believing that the continent was safe from the clouds gathering elsewhere. Dangers exist, “old threats, such as drugs, organized crime, illegal arms trafficking, hostage taking, piracy, and money laundering; new threats, such as cyber-crime; and unknown threats, which can emerge without warning.”
“These new threats,” he added ominously, “must be countered with new capabilities.” Thanks to the Open Society report, we can see exactly what Rumsfeld meant by those “new capabilities.”
A few weeks prior to Rumsfeld’s arrival in Santiago, for example, the U.S., acting on false information supplied by the Royal Canadian Mounted Police, detained Maher Arar, who holds dual Syrian and Canadian citizenship, at New York’s John F. Kennedy airport and then handed him over to a “Special Removal Unit.” He was flown first to Jordan, where he was beaten, and then to Syria, a country in a time zone five hours ahead of Chile, where he was turned over to local torturers. On November 18th, when Rumsfeld was giving his noon speech in Santiago, it was five in the afternoon in Arar’s “grave-like” cell in a Syrian prison, where he would spend the next year being abused.
Ghairat Baheer was captured in Pakistan about three weeks before Rumsfeld’s Chile trip, and thrown into a CIA-run prison in Afghanistan called the Salt Pit. As the secretary of defense praised Latin America’s return to the rule of law after the dark days of the Cold War, Baheer may well have been in the middle of one of his torture sessions, “hung naked for hours on end.”
Taken a month before Rumsfeld’s visit to Santiago, the Saudi national Abd al Rahim al Nashiri was transported to the Salt Pit, after which he was transferred “to another black site in Bangkok, Thailand, where he was waterboarded.” After that, he was passed on to Poland, Morocco, Guantánamo, Romania, and back to Guantánamo, where he remains. Along the way, he was subjected to a “mock execution with a power drill as he stood naked and hooded,” had U.S. interrogators rack a “semi-automatic handgun close to his head as he sat shackled before them.” His interrogators also “threatened to bring in his mother and sexually abuse her in front of him.”
Likewise a month before the Santiago meeting, the Yemini Bashi Nasir Ali Al Marwalah was flown to Camp X-Ray in Cuba, where he remains to this day.
Less than two weeks after Rumsfeld swore that the U.S. and Latin America shared “common values,” Mullah Habibullah, an Afghan national, died “after severe mistreatment” in CIA custody at something called the “Bagram Collection Point.” A U.S. military investigation “concluded that the use of stress positions and sleep deprivation combined with other mistreatment… caused, or were direct contributing factors in, his death.”
Two days after the secretary’s Santiago speech, a CIA case officer in the Salt Pit had Gul Rahma stripped naked and chained to a concrete floor without blankets. Rahma froze to death.
And so the Open Society report goes… on and on and on.
Rumsfeld left Santiago without firm commitments. Some of the region’s militaries were tempted by the supposed opportunities offered by the secretary’s vision of fusing crime fighting into an ideological campaign against radical Islam, a unified war in which all was to be subordinated to U.S. command. As political scientist Brian Loveman has noted, around the time of Rumsfeld’s Santiago visit, the head of the Argentine army picked up Washington’s latest set of themes, insisting that “defense must be treated as an integral matter,” without a false divide separating internal and external security.
But history was not on Rumsfeld’s side. His trip to Santiago coincided with Argentina’s epic financial meltdown, among the worst in recorded history. It signaled a broader collapse of the economic model — think of it as Reaganism on steroids — that Washington had been promoting in Latin America since the late Cold War years. Soon, a new generation of leftists would be in power across much of the continent, committed to the idea of national sovereignty and limiting Washington’s influence in the region in a way that their predecessors hadn’t been.
Hugo Chávez was already president of Venezuela. Just a month before Rumsfeld’s Santiago trip, Luiz Inácio Lula da Silva won the presidency of Brazil. A few months later, in early 2003, Argentines elected Néstor Kirchner, who shortly thereafter ended his country’s joint military exercises with the U.S. In the years that followed, the U.S. experienced one setback after another. In 2008, for instance, Ecuador evicted the U.S. military from Manta Air Base.
In that same period, the Bush administration’s rush to invade Iraq, an act most Latin American countries opposed, helped squander whatever was left of the post-9/11 goodwill the U.S. had in the region. Iraq seemed to confirm the worst suspicions of the continent’s new leaders: that what Rumsfeld was trying to peddle as an international “peacekeeping” force would be little more than a bid to use Latin American soldiers as Gurkhas in a revived unilateral imperial war.
Diplomatic cables released by Wikileaks show the degree to which Brazil rebuffed efforts to paint the region red on Washington’s new global gulag map.
A May 2005 U.S. State Department cable, for instance, reveals that Lula’s government refused “multiple requests” by Washington to take in released Guantánamo prisoners, particularly a group of about 15 Uighurs the U.S. had been holding since 2002, who could not be sent back to China.
“[Brazil’s] position regarding this issue has not changed since 2003 and will likely not change in the foreseeable future,” the cable said. It went on to report that Lula’s government considered the whole system Washington had set up at Guantánamo (and around the world) to be a mockery of international law. “All attempts to discuss this issue” with Brazilian officials, the cable concluded, “were flatly refused or accepted begrudgingly.”
In addition, Brazil refused to cooperate with the Bush administration’s efforts to create a Western Hemisphere-wide version of the Patriot Act. It stonewalled, for example, about agreeing to revise its legal code in a way that would lower the standard of evidence needed to prove conspiracy, while widening the definition of what criminal conspiracy entailed.
Lula stalled for years on the initiative, but it seems that the State Department didn’t realize he was doing so until April 2008, when one of its diplomats wrote a memo calling Brazil’s supposed interest in reforming its legal code to suit Washington a “smokescreen.” The Brazilian government, another Wikileaked cable complained, was afraid that a more expansive definition of terrorism would be used to target “members of what they consider to be legitimate social movements fighting for a more just society.” Apparently, there was no way to “write an anti-terrorism legislation that excludes the actions” of Lula’s left-wing social base.
One U.S. diplomat complained that this “mindset” — that is, a mindset that actually valued civil liberties – “presents serious challenges to our efforts to enhance counterterrorism cooperation or promote passage of anti-terrorism legislation.” In addition, the Brazilian government worried that the legislation would be used to go after Arab-Brazilians, of which there are many. One can imagine that if Brazil and the rest of Latin America had signed up to participate in Washington’s rendition program, Open Society would have a lot more Middle Eastern-sounding names to add to its list.
Finally, cable after Wikileaked cable revealed that Brazil repeatedly brushed off efforts by Washington to isolate Venezuela’s Hugo Chávez, which would have been a necessary step if the U.S. was going to marshal South America into its counterterrorism posse.
In February 2008, for example, U.S. ambassador to Brazil Clifford Sobell met with Lula’s Minister of Defense Nelson Jobin to complain about Chávez. Jobim told Sobell that Brazil shared his “concern about the possibility of Venezuela exporting instability.” But instead of “isolating Venezuela,” which might only “lead to further posturing,” Jobim instead indicated that his government “supports [the] creation of a ‘South American Defense Council’ to bring Chavez into the mainstream.”
There was only one catch here: that South American Defense Council was Chávez’s idea in the first place! It was part of his effort, in partnership with Lula, to create independent institutions parallel to those controlled by Washington. The memo concluded with the U.S. ambassador noting how curious it was that Brazil would use Chavez’s “idea for defense cooperation” as part of a “supposed containment strategy” of Chávez.
Monkey-Wrenching the Perfect Machine of Perpetual War
Unable to put in place its post-9/11 counterterrorism framework in all of Latin America, the Bush administration retrenched. It attempted instead to build a “perfect machine of perpetual war” in a corridor running from Colombia through Central America to Mexico. The process of militarizing that more limited region, often under the guise of fighting “the drug wars,” has, if anything, escalated in the Obama years. Central America has, in fact, become the only place Southcom — the Pentagon command that covers Central and South America — can operate more or less at will. A look at this other map, put together by the Fellowship of Reconciliation, makes the region look like one big landing strip for U.S. drones and drug-interdiction flights.
Washington does continue to push and probe further south, trying yet again to establish a firmer military foothold in the region and rope it into what is now a less ideological and more technocratic crusade, but one still global in its aspirations. U.S. military strategists, for instance, would very much like to have an airstrip in French Guyana or the part of Brazil that bulges out into the Atlantic. The Pentagon would use it as a stepping stone to its increasing presence in Africa, coordinating the work of Southcom with the newest global command, Africom.
But for now, South America has thrown a monkey wrench into the machine. Returning to that Washington Post map, it’s worth memorializing the simple fact that, in one part of the world, in this century at least, the sun never rose on US-choreographed torture.
Greg Grandin teaches history at New York University and is a member of the American Academy of Arts and Sciences. His most recent book, Fordlandia, was a finalist for the Pulitzer Prize in history.
US Military Detains More Than 200 Afghan Teens as ‘Enemy Combatants’ December 9, 2012Posted by rogerhollander in Iraq and Afghanistan, War.
Tags: afghan teenagers, Afghanistan, Afghanistan War, bagram, childrens rights, enemy combatant, International law, roger hollander
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Roger’s note: the United States invades a country on the other side of the world that poses no threat to its security, throwing down death and destruction. Cowardly unmanned missiles rain down on civilian targets, and here we learn that children are captured and thrown into the hell hole dungeon know as the Bagram prison. God Bless America. It knows how to treat its “enemies” regardless of age.
Published on Saturday, December 8, 2012 by Common Dreams
‘Children as young as 11 or 12′ detained at Bagram
More than 200 Afghan teenagers have been captured and detained by the US military, the United States told the United Nations in a very troubling report distributed this week.
(Photo: Cpl. Reece Lodder / Marine Corps)
In recent years, the US has received criticism from a number of human rights organizations for failing to meet commitments to protect children in war zones.
The report was written in response to questions raised earlier this year by the United Nations committee charged with implementing the international treaty on the rights of children in armed conflict, formally known as the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict (OPAC).
According to the report, the State Department detained the children for up to a year at a time at a military prison next to Bagram Airfield in Afghanistan.
Characterized as “enemy combatants,” the purpose of detention was “not punitive but preventative: to prevent a combatant from returning to the battlefield,” the report said.
Though the US military estimates that most of the juvenile Afghan detainees were about 16 years old, their age was not usually determined until after capture.
“I’ve represented children as young as 11 or 12 who have been at Bagram,” said Tina M Foster, executive director of the International Justice Network, which represents adult and juvenile detainees.
Jamil Dakwar, director of the American Civil Liberties Union’s human rights program, added that it was “highly likely that some children were as young as 14 or 13 years old when they were detained by US forces.”
In regards to the inexplicably long detention, Dakwar added, “This is an extraordinarily unacceptably long period of time that exposes children in detention to greater risk of physical and mental abuse, especially if they are denied access to the protections guaranteed to them under international law.”
Allison Frankel of the ACLU human rights program wrote Saturday that there were significant and troubling lapses in information in the report:
The U.S. still has not provided any specific information about where these children were transferred to, or what forms of rehabilitation and reintegration assistance has been made available to them. Although this support is mandated under OPAC, evidence suggests that the U.S. has thus far failed to provide such assistance, let alone remedies for wrongful detention and abuse in U.S. custody.
According to the Associated Press, the State Department filed a similar report in 2008, providing a “snapshot” of the “US military’s effort in the endgame of the Bush presidency”:
In 2008, the US said it held about 500 juveniles in Iraqi detention centers and then had only about 10 at the Bagram Airfield in Afghanistan. A total of some 2,500 youths had been detained, almost all in Iraq, from 2002 through 2008 under the Bush administration.
Barack Obama campaigned for the presidency in 2008 in part on winding down active US involvement in the Iraq war, and shifting the military focus to Afghanistan. The latest figures on under-18 detainees reflect the redeployment of US efforts to Afghanistan.
The report was issued within the same week as an objectionable article in Military Times entitled “Some Afghan Kids Aren’t Bystanders,” quoted a senior officer who said that the military isn’t just out to bomb “military age males,” anymore, but kids, too:
“It kind of opens our aperture,” said Army Lt. Col. Marion “Ced” Carrington, whose unit, 1st Battalion, 508th Parachute Infantry Regiment, was assisting the Afghan police. “In addition to looking for military-age males, it’s looking for children with potential hostile intent.”
Amos Guiora, a law professor at the University of Utah specializing in counter-terrorism, said Carrington’s remarks reflected the shifting definitions of legitimate military targets within the Obama administration, the Guardian reports.
He is articulating a deeply troubling policy adopted by the Obama administration.
The decision about who you consider a legitimate target is less defined by your conduct than the conduct of the people or category of people which you are assigned to belong to … That is beyond troubling. It is also illegal and immoral.
The U.S. will undergo formal review by the Committee on the Rights of the Child in January 2013.
The Obama GITMO myth July 24, 2012Posted by rogerhollander in Uncategorized.
Tags: bagram, Barack Obama, bernie sanders, constitution, gitmo, Guantanamo, Guantanamo detainees, habeas corpus, human rights, indefinite detention, military commissions, national security, roger hollander, russ feingold, terrorism, torture
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New vindictive restrictions on detainees highlights the falsity of Obama defenders regarding closing the camp
Most of the 168 detainees at Guantanamo have been imprisoned by the U.S. Government for close to a decade without charges and with no end in sight to their captivity. Some now die at Guantanamo, thousands of miles away from their homes and families, without ever having had the chance to contest accusations of guilt. During the Bush years, the plight of these detainees was a major source of political controversy, but under Obama, it is now almost entirely forgotten. On those rare occasions when it is raised, Obama defenders invoke a blatant myth to shield the President from blame: he wanted and tried so very hard to end all of this, but Congress would not let him. Especially now that we’re in an Election Year, and in light of very recent developments, it’s long overdue to document clearly how misleading that excuse is.
Last week, the Obama administration imposed new arbitrary rules for Guantanamo detainees who have lost their first habeas corpus challenge. Those new rules eliminate the right of lawyers to visit their clients at the detention facility; the old rules establishing that right were in place since 2004, and were bolstered by the Supreme Court’s 2008 Boumediene ruling that detainees were entitled to a “meaningful” opportunity to contest the legality of their detention. The DOJ recently informed a lawyer for a Yemeni detainee, Yasein Khasem Mohammad Esmail, that he would be barred from visiting his client unless he agreed to a new regime of restrictive rules, including acknowledging that such visits are within the sole discretion of the camp’s military commander. Moreover, as SCOTUSblog’s Lyle Denniston explains:
Besides putting control over legal contacts entirely under a military commander’s control, the “memorandum of understanding” does not allow attorneys to share with other detainee lawyers what they learn, and does not appear to allow them to use any such information to help prepare their own client for a system of periodic review at Guantanamo of whether continued detention is justified, and may even forbid the use of such information to help prepare a defense to formal terrorism criminal charges against their client.
The New York Times Editorial Page today denounced these new rules as “spiteful,” cited it as “the Obama administration’s latest overuse of executive authority,” and said “the administration looks as if it is imperiously punishing detainees for their temerity in bringing legal challenges to their detention and losing.” Detainee lawyers are refusing to submit to these new rules and are asking a federal court to rule that they violate the detainees’ right to legal counsel.
But every time the issue of ongoing injustices at Guantanamo is raised, one hears the same apologia from the President’s defenders: the President wanted and tried to end all of this, but Congress — including even liberals such as Russ Feingold and Bernie Sanders — overwhelming voted to deny him the funds to close Guantanamo. While those claims, standing alone, are true, they omit crucial facts and thus paint a wildly misleading picture about what Obama actually did and did not seek to do.
What made Guantanamo controversial was not its physical location: that it was located in the Caribbean Sea rather than on American soil (that’s especially true since the Supreme Court ruled in 2004 that U.S. courts have jurisdiction over the camp). What made Guantanamo such a travesty — and what still makes it such — is that it is a system of indefinite detention whereby human beings are put in cages for years and years without ever being charged with a crime. President Obama’s so-called “plan to close Guantanamo” — even if it had been approved in full by Congress — did not seek to end that core injustice. It sought to do the opposite: Obama’s plan would have continued the system of indefinite detention, but simply re-located it from Guantanamo Bay onto American soil.
Long before, and fully independent of, anything Congress did, President Obama made clear that he was going to preserve the indefinite detention system at Guantanamo even once he closed the camp. President Obama fully embraced indefinite detention — the defining injustice of Guantanamo — as his own policy.
In February, 2009, the Obama DOJ told an appellate court it was embracing the Bush DOJ’s theory that Bagram detainees have no legal rights whatsoever, an announcement that shocked the judges on the panel hearing the case. In May, 2009, President Obama delivered a speech at the National Archives — in front of the U.S. Constitution — and, as his plan for closing Guantanamo, proposed a system of preventative “prolonged detention” without trial inside the U.S.; The New York Times – in an article headlined “President’s Detention Plan Tests American Legal Tradition” – said Obama’s plan “would be a departure from the way this country sees itself, as a place where people in the grip of the government either face criminal charges or walk free.” In January, 2010, the Obama administration announced it would continue to imprison several dozen Guantanamo detainees without any charges or trials of any kind, including even a military commission, on the ground that they were “too difficult to prosecute but too dangerous to release.” That was all Obama’s doing, completely independent of anything Congress did.
When the President finally unveiled his plan for “closing Guantanamo,” it became clear that it wasn’t a plan to “close” the camp as much as it was a plan simply to re-locate it — import it — onto American soil, at a newly purchased federal prison in Thompson, Illinois. William Lynn, Obama’s Deputy Defense Secretary, sent a letter to inquiring Senators that expressly stated that the Obama administration intended to continue indefinitely to imprison some of the detainees with no charges of any kind. The plan was classic Obama: a pretty, feel-good, empty symbolic gesture (get rid of the symbolic face of Bush War on Terror excesses) while preserving the core abuses (the powers of indefinite detention ), even strengthening and expanding those abuses by bringing them into the U.S.
Recall that the ACLU immediately condemned what it called the President’s plan to create “GITMO North.” About the President’s so-called “plan to close Guantanamo,” Executive Director Anthony Romero said:
The creation of a “Gitmo North” in Illinois is hardly a meaningful step forward. Shutting down Guantánamo will be nothing more than a symbolic gesture if we continue its lawless policies onshore.
Alarmingly, all indications are that the administration plans to continue its predecessor’s policy of indefinite detention without charge or trial for some detainees, with only a change of location. Such a policy is completely at odds with our democratic commitment to due process and human rights whether it’s occurring in Cuba or in Illinois.
In fact, while the Obama administration inherited the Guantánamo debacle, this current move is its own affirmative adoption of those policies. It is unimaginable that the Obama administration is using the same justification as the Bush administration used to undercut centuries of legal jurisprudence and the principle of innocent until proven guilty and the right to confront one’s accusers. . . . .The Obama administration’s announcement today contradicts everything the president has said about the need for America to return to leading with its values.
In fact, Obama’s “close GITMO” plan — if it had been adopted by Congress — would have done something worse than merely continue the camp’s defining injustice of indefinite detention. It would likely have expanded those powers by importing them into the U.S. The day after President Obama’s speech proposing a system of “prolonged detention” on U.S. soil, the ACLU’s Ben Wizner told me in an interview:
It may to serve to enshrine into law the very departures from the law that the Bush administration led us on, and that we all criticized so much. And I’ll elaborate on that. But that’s really my initial reaction to it; that what President Obama was talking about yesterday is making permanent some of the worst features of the Guantanamo regime. He may be shutting down the prison on that camp, but what’s worse is he may be importing some of those legal principles into our own legal system, where they’ll do great harm for a long time.
So even if Congress had fully supported and funded Obama’s plan to “close Guantanamo,” the core injustices that made the camp such a travesty would remain. In fact, they’d not only remain, but would be in full force within the U.S. That’s what makes the prime excuse offered for Obama — he tried to end all of this but couldn’t – so misleading. He only wanted to change the locale of these injustices, but sought fully to preserve them.
Indeed, as part of that excuse, one frequently hears that even liberal civil liberties stalwarts in the Senate — such as Russ Feingold and Bernie Sanders — voted to deny funding for the closing of Guantanamo: as though it is they who are to blame for these enduring travesties, rather than Obama. But this, too, is misleading in the extreme.
The reason these Democratic Senators voted to deny funds for closing Guantanamo is not because they lacked the courage to close Guantanamo. It’s because they did not want to fund a plan to close the camp without knowing exactly what Obama planned to do with the detainees there — because people like Feingold and Sanders did not want to fund the importation of a system of indefinite detention onto U.S. soil. Here’s what actually happened when the Senate, including most Democrats, refused to fund the closing of Guantanamo:
[White House Press Secretary Robert Gibbs] added Obama has not yet decided where some of the detainees will be sent. A presidential commission is studying the issue. . . .
Sen. Daniel Inouye, D-Hawaii, chairman of the Appropriations Committee, favors closing Guantanamo, and the legislation his panel originally sent to the floor provided money for that purpose once the administration submitted a plan for the shutdown.
In changing course and seeking to delete the funds, he said, “The fact that the administration has not offered a workable plan at this point made that decision rather easy.”
Can that be any clearer? They would have voted to fund the closing of Guantanamo, but only once they knew what Obama’s plan was for the detainees there. Feingold — whose vote against funding the closing of Guantanamo is invariably cited by Obama defenders — wrote a letter to the President specifically to object to any plan to import the system of indefinite detention onto U.S. soil:
My primary concern, however, relates to your reference to the possibility of indefinite detention without trial for certain detainees. While I appreciate your good faith desire to at least enact a statutory basis for such a regime, any system that permits the government to indefinitely detain individuals without charge or without a meaningful opportunity to have accusations against them adjudicated by an impartial arbiter violates basic American values and is likely unconstitutional.
While I recognize that your administration inherited detainees who, because of torture, other forms of coercive interrogations, or other problems related to their detention or the evidence against them, pose considerable challenges to prosecution, holding them indefinitely without trial is inconsistent with the respect for the rule of law that the rest of your speech so eloquently invoked. Indeed, such detention is a hallmark of abusive systems that we have historically criticized around the world. It is hard to imagine that our country would regard as acceptable a system in another country where an individual other than a prisoner of war is held indefinitely without charge or trial.
Once a system of indefinite detention without trial is established, the temptation to use it in the future would be powerful. And, while your administration may resist such a temptation, future administrations may not. There is a real risk, then, of establishing policies and legal precedents that rather than ridding our country of the burden of the detention facility at Guantanamo Bay, merely set the stage for future Guantanamos, whether on our shores or elsewhere, with disastrous consequences for our national security.
Worse, those policies and legal precedents would be effectively enshrined as acceptable in our system of justice, having been established not by one, largely discredited administration, but by successive administrations of both parties with greatly contrasting positions on legal and constitutional issues.
Feingold was not going to vote for a plan to close Guantanamo if it meant that its core injustice — indefinite detention — was going simply to be re-located onto American soil, where it would be entrenched rather than dismantled. That, as all of this evidence makes clear, is why so many Democratic Senators voted to deny funding for the closing of Guantanamo: not because they favored the continuation of indefinite detention, but precisely because they did not want to fund its continuation on American soil, as Obama clearly intended.
Now, here we are, almost four years after the vow to close Guantanamo was enshrined in an Executive Order, and the rights of detainees — including the basic right to legal counsel — are being constricted further, in plainly vindictive ways. Conditions at Guantanamo are undoubtedly better than they were in 2003, and some of the deficiencies in military commissions (for the few who appear before them) have been redressed. But the real stain of Guantanamo — keeping people locked up in cages for years with no charges — endures. And contrary to the blatant myth propagated by Obama defenders, that has happened not because Obama tried but failed to eliminate it, but precisely because he embraced it as his own policy from the start.
Psychologists’ Collusion in Ongoing Illegal Detentions January 12, 2012Posted by rogerhollander in Health, Human Rights, Torture.
Tags: apa, bagram, brad olson, detainees, ethics, geneva conventions, Guantanamo, habeas corpus, human rights, International law, medical ethics, parwan, psychological association, psychological ethics, psychologists, roger hollander, roy eidelson, stephen soldz, torture, trudy bond
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As we commemorate the 10th anniversary of the arrival of the first prisoners at Guantánamo Detention Center, several thousand miles away sits another United States detention facility, less well-known but with a history perhaps even more gruesome. Obscured throughout the decade-long “global war on terror,” the detention center at Bagram Air Force Base in Afghanistan is where two detainees died in December 2002. Initial autopsies at the time ruled both deaths homicides, according to a 2,000-page confidential Army file obtained by the New York Times. Autopsies of the two dead detainees found severe trauma to both prisoners’ legs. The coroner for one of the dead noted, “I’ve seen similar injuries in an individual run over by a bus.”
Detainees pray before dawn near a fence of razor-wire inside Camp 4 detention facility at the Guantanamo (Photo: Cryptome)
In January 2009, to much fanfare, newly-elected President Barack Obama signed a directive authorizing the closing of Guantánamo Detention Center. But a month later the new administration discreetly told a federal judge that military detainees at Bagram had no habeas corpus rights to challenge their imprisonment. At the same time, the Pentagon was moving forward on plans to build a new prison in Bagram, renamed the “Detention Facility in Parwan” (DFIP). This facility was designed to accommodate 600 prisoners under normal conditions and as many as 1,100 during a “surge.”
Today, President Obama has abandoned his inaugural pledge to close Guantánamo and there are more than 3,000 detainees at Bagram — five times the number of prisoners when the president took office — with a scheduled expansion of the facility by the end of 2012 to house up to 5,500 detainees. One troubling constant across the developments at Bagram is the presence and involvement of psychologists at these facilities, which clearly violate international legal standards for the treatment of detainees. Among the military psychologists present during the early years of the Bagram prison were Colonel Morgan Banks, Captain Bryce Lefever, and Colonel Larry James, notable for their key roles in formulating the American Psychological Association’s (APA) much criticized ethics policy on psychologist-assisted interrogations.
According to Banks’ biographical statement, he “spent four months over the winter of 2001/2002 at Bagram Airfield.” More broadly, Banks provided technical, consultation, and interrogation support to all Army psychologists. He also assisted in establishing the Army’s first permanent SERE training program. As for Lefever’s biosketch, it notes that he also served at the detention center at Bagram Air Base. He “was deployed as the Joint Special Forces Task Force psychologist to Afghanistan in 2002, where he lectured to interrogators and was consulted on various interrogation techniques.”
The third military psychologist, James, was the Chief Psychologist for the Joint Intelligence Group at Guantánamo when, according to his book, Fixing Hell, he flew to Afghanistan to transfer three juveniles who had been forcibly and arbitrarily detained at Bagram. James described these boys as “the most fragile . . . children [he] had ever met,” yet he oversaw their being loaded onto a cargo plane at Bagram Air Force Base, “bound [and] blindfolded,” for a flight that typically lasted over 20 hours. Others who appear to have been transferred from Bagram to Guantánamo that same day reported being chained around the waist, wrists, back and ankles and the intense pain of being unable to speak, see, hear, move, or even stretch or breathe properly.The boys were essentially kidnapped, and were returned home a year later, having never had access to legal counsel and having never been charged with a crime.
Public information about exactly what transpires at Bagram today is scarce. The BBC was allowed a rare, one-hour visit to the new Parwan/Bagram prison in 2010. The report noted that “Prisoners are kept in 56 cells, which the prisoners refer to as ‘cages’. The front of the cells are made of mesh, the ceiling is clear, and the other three walls are solid. Guards can see down into the cells from above.” These detainees were moved around in wheelchairs, wearing goggles and headphones to block sight and sound.
In 2011, Daphne Eviatar, an attorney for Human Rights First, interviewed 18 former detainees from the main facility in Parwan and was permitted to observe seven detainee hearings there. In her detailed report she noted:
After many years of completely denying detainees in Afghanistan the opportunity to defend themselves against arbitrary detention, the United States government has finally implemented a hearing process that allows detainees to hear the charges against them and to make a statement in their own defense. Although a significant improvement, these new hearings fall short of minimum standards of due process required by international law.” [Emphasis added.]
In a subsequent interview with CBS News, Eviatar stated:
[Parwan] is worse than Guantánamo because there are fewer rights…There was no evidence presented, there was no questioning of the government’s evidence, whether this person had done anything wrong, whether he deserved to be in prison. So that’s a real problem — you have a complete lack of due process.
And in 2010 the International Committee of the Red Cross (ICRC) confirmed the existence of a separate, second detention facility at Parwan. Many former prisoners have referred to it as the Tor Jail, translated as “Black Jail.” Nine former prisoners interviewed separately by the BBC spoke of almost identical treatment there: distressingly cold cells, perpetual loud noise, constant light, and, violating any sense of privacy, camera surveillance. One former prisoner said American soldiers made him dance to music to obtain permission to use the toilet.
Today, there are clear indications that psychologists continue to be involved in the detention and interrogation of detainees at Parwan/Bagram. Such activities stand in direct contravention of APA policy based on a 2008 petition resolution. Approved through a member-led referendum, this resolution prohibits psychologists from working in settings where “persons are held outside of, or in violation of, either International Law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate), unless they are working directly for the persons being detained or for an independent third party working to protect human rights” (or if they are providing treatment for military personnel).
Significant evidence that psychologists are working at Bagram/Parwan in violation of APA policy comes in part from a symposium on “Operational Problems in Behavioral Sciences” sponsored by the United States Air Force Medical Service in August 2011. The first slide of the partially redacted powerpoint presentation on the “BSCT Mission” describes the role of the Behavioral Science Consultation Team (BSCT) as providing: “…psychological expertise and consultation in order to assist the command in conducting safe, legal, ethical, and effective detention facility operations, intelligence interrogations, and detainee debriefing operations” (OTSG/MEDCOM Policy Memo 09-053).
A later slide reveals that the current BSCTs at the Parwan Detention Facility are composed of a psychologist or forensic psychiatrist, who must be licensed for independent practice, and a “behavioral science technician.” Further confirming the presence of psychologists, a June 2010 newspaper article about Parwan by the military editor of the Fayettville Observer notes: “Air Force Maj. Colin Burchfield, 34, a clinical psychologist, observes the behavior of both detainees and guards on TV monitors.”
Disturbingly, and contrary to the APA’s 2008 referendum policy, one of the key documents still used to support the ongoing involvement of psychologists at the Parwan facility is an earlier 2005 report from the APA’s “Presidential Task Force on Psychological Ethics and National Security” (the PENS Report). The PENS Report, cited in the Operational Problems powerpoint presentation described above, endorsed psychologists’ engagement in detainee interrogations — despite evidence that psychologists were involved in abusive interrogations and practices that violate international law.
Six of the nine voting members of the PENS Task Force were on the payroll of the U.S. military and/or intelligence agencies. Five of these six served in chains of command that had been accused of the kinds of abuses that led to the creation of the Task Force, including the three psychologists linked to the early Bagram prison: Dr. Morgan Banks, Dr. Bryce Lefever, and Dr. Larry James. The PENS Task Force concluded that psychologists have an important role to play in keeping interrogations “safe, legal, ethical, and effective,” and the APA Board approved the PENS Report in a highly unusual emergency vote.
The APA’s claims that it stands strongly against torture and cruel, inhuman and degrading treatment are belied by the organization’s repeated failure to take assertive and meaningful action. There is no clearer example than the continuing participation of psychologists in detention and interrogation activities at the Parwan/Bagram prison — a site where international law itself is seemingly confined indefinitely to a small, dark cell.
But health professionals, human rights advocates, and intelligence professionals of conscience worldwide have refused to accept this status quo. One noteworthy and promising effort is an online petition campaign calling for the annulment of APA’s PENS Report. The initiative has been supported by many distinguished members of APA, as well as non-psychologists such as psychiatrists Robert Jay Lifton and bioethicist Dr. Steven Miles; scholar-activists such as Daniel Ellsberg and Noam Chomsky; attorneys who have represented Guantanamo detainees; eminent veterans of the intelligence community; and many other psychologists and human rights advocates. Please consider joining this call and signing the petition at www.ethicalpsychology.org/pens.
Trudy Bond is an independent psychologist, steering committe member of Psychologists for Social Responsibility, and a member of the Coalition for an Ethical Psychology. For questions, responses or media contact, please contact her at firstname.lastname@example.org.
Roy Eidelson is a clinical psychologist and the president of Eidelson Consulting, where he studies, writes about, and consults on the role of psychological issues in political, organizational, and group conflict settings. He is a past president of Psychologists for Social Responsibility, associate director of the Solomon Asch Center for Study of Ethnopolitical Conflict at Bryn Mawr College, and a member of the Coalition for an Ethical Psychology. Roy can be reached at email@example.com.
Brad Olson is an assistant professor and co-director of the Community Psychology Ph.D. Program in downtown Chicago. He is President-Elect of Psychologists for Social Responsibility (PsySR) and co-founder of the Coalition for an Ethical Psychology.
Stephen Soldz is a psychoanalyst, psychologist, public health researcher, and faculty member at the Boston Graduate School of Psychoanalysis. He edits the Psyche, Science, and Society blog. Soldz is a founder of the Coalition for an Ethical Psychology and served as a psychological consultant on several Guantánamo trials. Currently Soldz is Past-President of Psychologists for Social Responsibility. He can be contacted at firstname.lastname@example.org.
Welcome to Boston, Mr. Rumsfeld. You Are Under Arrest. September 23, 2011Posted by rogerhollander in Criminal Justice, Human Rights, Iraq and Afghanistan, Torture.
Tags: Abu Ghraib, abu ghraib photos, alberto gonzalez, andy worthington, bagram, binyam mohamed, camp cropper, CIA torture, Dick Cheney, dilawar, donald rumsfeld, donald vance, general daniel mcneill, general geoffrey miller, general john gardner, general taguba, geneva conventions, George W. Bush, Guantanamo, International law, janis karpinski, jay bybee, jose padilla, judge gladys kessler, Khalid Sheikh Mohammed, lawrence wilkerson, lindsey graham, lyndie england, nathan ertel, nuremberg, obama administration, ralph lopez, roger hollander, torture, torture techniques, universal jurisdiction, War Crimes, waterborading, william colby, willie brand
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September 23, 2011
By Ralph Lopez
Torture Room, Abu Ghraib
Republican Senator Lindsey Graham told reporters in 2004of photos withheld by the Defense Department from Abu Ghraib, “The American public needs to understand, we’re talking about rape and murder here…We’re not just talking about giving people a humiliating experience. We’re talking about rape and murder and some very serious charges.” And journalist Seymour Hersh says: “boys were sodomized with the cameras rolling. And the worst above all of that is the soundtrack of the boys shrieking that your government has.”
Rumsfeld resigned days before a criminal complaintwas filed in Germany in which the American general who commanded the military police battalion at Abu Ghraib had promised to testify. General Janis Karpinski in an interview with Salon.comwas asked: “Do you feel like Rumsfeld is at the heart of all of this and should be held completely accountable for what happened [at Abu Ghraib]?”
Karpinski answered: “Yes, absolutely.” In the criminal complaint filed in Germany against Rumsfeld, Karpinski submitted 17 pages of testimonyand offered to appear before the German prosecutor as a witness. Congressman Kendrick Meek of Florida, who participated in the hearings on Abu Ghraib, said of Rumsfeld: “There was no way Rumsfeld didn’t know what was going on. He’s a guy who wants to know everything.”
And Major General Antonio Taguba, who led the official Army investigation into Abu Ghraib, said in his report:
“there is no longer any doubt as to whether the [Bush] administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.”
Abu Ghraib Prisoner Smeared with Feces
In a puzzling and incriminating move, Camp Cropper base commander General John Gardner ordered Nathan Ertel released on May 17, 2006, while keeping Donald Vance in detention for another two months of torture. By ordering the release of one man but not the other, Gardner revealed awareness of the situation but prolonged it at the same time.
It is unlikely that Gardner could act alone in a situation as sensitive as the illegal detention and torture of two Americans confirmed by the FBI to be working undercover in the national interest, to prevent American weapons and munitions from reaching the hands of insurgents, for the sole purpose of using them to kill American troops. Vance and Ertel suggest he was acting on orders from the highest political level.
The forms of torture employed against the Americans included “techniques” which crop up frequently in descriptions of Iraqi and Afghan prisoner abuse at Bagram, Guantanamo, and Abu Ghraib. They included “walling,” where the head is slammed repeatedly into a concrete wall, sleep deprivation to the point of psychosis by use of round-the-clock bright lights and harsh music at ear-splitting volume, in total isolation, for days, weeks or months at a time, and intolerable cold.
The 7th Circuit ruling is the latest in a growing number of legal actions involving hundreds of former prisoners and torture victims filed in courts around the world. Criminal complaints have been filed against Rumsfeld and other Bush administration officials in Germany, France, and Spain. Former President Bush recently curbed travel to Switzerlanddue to fear of arrest following criminal complaints lodged in Geneva. “He’s avoiding the handcuffs,” Reed Brody, counsel for Human Rights Watch, told Reuters. And this month Canadian citizens forced Bush to cancel an invitation-only appearance in Toronto.
And the Mayor of London threatened Bush with arrest for war crimes earlier this year should he ever set foot in his city, saying that were heto land in London to “flog his memoirs,” that “the real trouble — from the Bush point of view — is that he might never see Texas again.”
Former Secretary of State Colin Powell’s Chief-of-Staff Col. Lawrence Wilkerson surmised on MSNBCearlier this year that soon, Saudi Arabia and Israel will be “the only two countries Cheney, Rumsfeld and the rest will travel too.”
Abu Ghraib: Dog Bites
What would seem to make Rumsfeld’s situation more precarious is the number of credible former officials and military officers who seem to be eager to testify against him, such as Col. Wilkerson and General Janis Karpinsky.
In a signed declaration in support of torture plaintiffs in a civil suit naming Rumsfeld in the US District Court for the District of Columbia, Col. Wilkerson, one of Rumsfeld’s most vociferous critics, stated:“I am willing to testify in person regarding the content of this declaration, should that be necessary.” That declaration, among other things, affirmed that a documentary on the chilling murder of a 22-year-old Afghan farmer and taxi driver in Afghanistan was “accurate.” Wilkerson said earlier this yearthat in that case, and in the case of another murder at Bagram at about the same time, “authorization for the abuse went to the very top of the United States government.”
The young farmer’s name was Dilawar. The New York Times reported on May 20, 2005:
“Four days before [his death,] on the eve of the Muslim holiday of Id al-Fitr, Mr. Dilawar set out from his tiny village of Yakubi in a prized new possession, a used Toyota sedan that his family bought for him a few weeks earlier to drive as a taxi.
On the day that he disappeared, Mr. Dilawar’s mother had asked him to gather his three sisters from their nearby villages and bring them home for the holiday. However, he needed gas money and decided instead to drive to the provincial capital, Khost, about 45 minutes away, to look for fares.”
Dilawar’s misfortune was to drive past the gate of an American base which had been hit by a rocket attack that morning. Dilawar and his fares were arrested at a checkpoint by a warlord, who was later suspected of mounting the rocket attack himself, and then turning over randam captures like Dilawar in order to win trust.
“Guards at Bagram routinely kneed prisoners in their thighs — a blow called a “peroneal strike”…Whenever a guard did this to Dilawar, he would cry out, “Allah! Allah!” Some guards apparently found this amusing, and would strike him repeatedly to show off the behavior to buddies.
One military policeman told investigators, “Everybody heard him cry out and thought it was funny. … It went on over a 24-hour period, and I would think that it was over 100 strikes.”"Dilawar was shackled from the ceiling much of the time, with his feet barely able to touch the ground. On the last day of his life, after 4 days at Bagram, an interpreter who was present said his legs were bouncing uncontrollably as he sat in a plastic chair. He had been chained by the wrists to the top of his cell for much of the previous four days.
The New York Times reported that on the last day of his life, four days after he was arrested:
“Mr. Dilawar asked for a drink of water, and one of the two interrogators, Specialist Joshua R. Claus, 21, picked up a large plastic bottle. But first he punched a hole in the bottom, the interpreter said, so as the prisoner fumbled weakly with the cap, the water poured out over his orange prison scrubs. The soldier then grabbed the bottle back and began squirting the water forcefully into Mr. Dilawar’s face.
“Come on, drink!” the interpreter said Specialist Claus had shouted, as the prisoner gagged on the spray. “Drink!”
At the interrogators’ behest, a guard tried to force the young man to his knees. But his legs, which had been pummeled by guards for several days, could no longer bend. An interrogator told Mr. Dilawar that he could see a doctor after they finished with him. When he was finally sent back to his cell, though, the guards were instructed only to chain the prisoner back to the ceiling.
“Leave him up,” one of the guards quoted Specialist Claus as saying.”
The next time the prison medic saw Dilawar a few hours later, he was dead, his head lolled to one side and his body beginning to stiffen. A coroner would testify that his legs “had basically been pulpified.”The Army coroner, Maj. Elizabeth Rouse, said: “I’ve seen similar injuries in an individual run over by a bus.” She testified that had he lived, Dilawar’s legs would have had to be amputated.
Despite the military’s false statement that Dilawar’s death was the result of “natural causes,” Maj. Rouse marked the death certificate as a “homicide” and arranged for the certificate to be delivered to the family. The military was forced to retract the statement when a reporter for the New York Times, Carlotta Gall, tracked down Dilawar’s family in Afghanistan and was given a folded piece of paper by Dilawar’s brother. It was the death certificate, which he couldn’t read, because it was in English.
The practice of forcing prisoners to stand for long periods of time, links Dilawar’s treatment to a memo which bears Rumsfeld’s own handwriting on that particular subject. Obtained through a Freedom of Information Act Request, the memo may show how fairly benign-sounding authorizations for clear circumventions of the Geneva Conventions may have translated into gruesome practice on the battlefield.
The memo, which addresses keeping prisoners “standing” for up to four hours, is annotated with a note initialed by Rumsfeld reading: “”I stand for 8–10 hours a day. Why is standing limited to 4 hours?” Not mentioned in writing anywhere is anything about accomplishing this by chaining prisoners to the ceiling. There is evidence that, unable to support his weight on tiptoe for the days on end he was chained to the ceiling, Dilawars arms dislocated, and they flapped around uselessly when he was taken down for interrogation. The National Catholic Reporter writes “They flapped like a bird’s broken wings”
Contradicting, on the record, a February 2003 statement by Rumsfeld’s top commander in Afghanistan at the time, General Daniel McNeill, that “we are not chaining people to the ceilings,” is Spc. Willie Brand, the only soldier disciplined in the death of Dilawar, with a reduction in rank. Told of McNeill’s statement, Brand told Scott Pelley on 60 Minutes: “Well, he’s lying.” Brand said of his punishment: “I didn’t understand how they could do this after they had trained you to do this stuff and they turn around and say you’ve been bad”
Dilawar’s daughter and her grandfather
Binyam Mohamed was seized by the Pakistani Forces in April 2002 and turned over to the Americans for a $5,000 bounty. He was held for more than five years without charge or trial in Bagram Air Force Base, GuantÃ¡namo Bay, and third country “black” sites.
“They cut off my clothes with some kind of doctor’s scalpel. I was naked. I tried to put on a brave face. But maybe I was going to be raped. Maybe they’d electrocute me. Maybe castrate me…
One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony. They must have done this 20 to 30 times, in maybe two hours. There was blood all over. “I told you I was going to teach you who’s the man,” [one] eventually said.
They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists. I asked for a doctor.”
I was in Morocco for 18 months. Once they began this, they would do it to me about once a month. One time I asked a guard: “What’s the point of this? I’ve got nothing I can say to them. I’ve told them everything I possibly could.”
“As far as I know, it’s just to degrade you. So when you leave here, you’ll have these scars and you’ll never forget. So you’ll always fear doing anything but what the US wants.”
Later, when a US airplane picked me up the following January, a female MP took pictures. She was one of the few Americans who ever showed me any sympathy. When she saw the injuries I had she gasped. They treated me and took more photos when I was in Kabul. Someone told me this was “to show Washington it’s healing”.
The obvious question for any prosecutor in Binyam’s case is: Who does “Washington” refer to? Rumsfeld? Cheney? Is it not in the national interest to uncover these most depraved of sadists at the highest level? US Judge Gladys Kessler, in her findings on Binyam made in relation to a Guantanamo prisoner’s petition, found Binyam exceedingly credible. She wrote:
“His genitals were mutilated. He was deprived of sleep and food. He was summarily transported from one foreign prison to another. Captors held him in stress positions for days at a time. He was forced to listen to piercingly loud music and the screams of other prisoners while locked in a pitch-black cell. All the while, he was forced to inculpate himself and others in plots to imperil Americans. The government does not dispute this evidence.”
Obama: Torturers’ Last Defense
The prospect of Rumsfeld in a courtroom cannot possibly be relished by the Obama administration, which has now cast itself as the last and staunchest defender of the embattled former officials, including John Yoo, Alberto Gonzalez, Judge Jay Bybee, Dick Cheney, George W. Bush, and others. The administration employed an unprecedented twisting of arms in order to keep evidence in a lawsuit which Binyam had filedin the UK suppressed, threatening an end of cooperation between the British MI5 and the CIA. This even though the British judges whose hand was forced puzzled that the evidence “contained “no disclosure of sensitive intelligence matters.” The judges suggested another reason for the secrecy requested by the Obama administration, that it might be “politically embarrassing.”
The Obama Justice Department’s active involvement in seeking the dismissal of the cases is by choice, as the statutory obligation of the US Attorney General to defend cases against public officials ends the day they leave office. Indeed, the real significance of recent court decisions, the one by the 7th Circuit and yet another against Rumsfeld in a DC federal court, may be the clarification the common misconception that high officials are forever immune for crimes committed while in office, in the name of the state. The misconception persists despite just a moment of thought telling one that if this were true, Hermann Goering, Augusto Pinochet, and Charles Taylor would never have been arrested, for they were all in office at the time they ordered atrocities, and they all invoked national security.
Andy Worthington writes that:
“As it happens, one of the confessions that was tortured out of Binyam is so ludicrous that it was soon dropped…The US authorities insisted that Padilla and Binyam had dinner with various high-up members of al-Qaeda the night before Padilla was to fly off to America. According to their theory the dinner party had to have been on the evening of 3 April in Karachi … Binyam was meant to have dined with Khalid Sheikh Mohammed, Abu Zubaydah, Sheikh al-Libi, Ramzi bin al-Shibh and Jose Padilla.” What made the scenario “absurd,” as [Binyam's lawyer] pointed out, was that “two of the conspirators were already in U.S. custody at the time — Abu Zubaydah was seized six days before, on 28 March 2002, and al-Libi had been held since November 2001.”"
The charges against Binyam were dropped, after the prosecutor, Lieutenant Colonel Darrel Vandeveld, resigned. He told the BBC later that he had concerns at the repeated suppression of evidence that could prove prisoners’ innocence.
The litany of tortures alleged against Rumsfeld in the military prisons he ran could go on for some time. The new photographic images from Abu Ghraib make it hard to conceive of how the methods of torture and dehumanization could have possibly served a national purpose.
The approved use of attack dogs, sexual humiliation, forced masturbation, and treatments which plumb the depths of human depravity are either documented in Rumsfeld’s own memos, or credibly reported on.
The techniques devised in the system, called R2I – resistance to interrogation – match the crude exploitation and abuse of prisoners at the Abu Ghraib jail in Baghdad.
One former British special forces officer who returned last week from Iraq, said: “It was clear from discussions with US private contractors in Iraq that the prison guards were using R2I techniques, but they didn’t know what they were doing.”"
Torture Now Aimed at Americans, Programs Designed to Obtain False Confessions, Not Intelligence
The worst of the worst is that Rumsfeld’s logic strikes directly at the foundations of our democracy and the legitimacy of the War on Terror. The torture methods studied and adopted by the Bush administration were not new, but adopted from the Survival, Evasion, Resistance, and Escape program (SERE) which is taught to elite military units. The program was developed during the Cold War, in response to North Korean, Chinese, and Soviet Bloc torture methods. But the aim of those methods was never to obtain intelligence, but to elicit false confessions. The Bush administration asked the military to “reverse engineer” the methods, i.e. figure out how to break down resistance to false confessions.
In the 2008 Senate Armed Services Committee reportwhich indicted high-level Bush administration officials, including Rumsfeld, as bearing major responsibility for the torture at Abu Gharib, Guantanamo, and Bagram, the Committee said:
“SERE instructors explained “Biderman’s Principles” — which were based on coercive methods used by the Chinese Communist dictatorship to elicit false confessions from U.S. POWs during the Korean War — and left with GTMO personnel a chart of those coercive techniques.”
The Biderman Principles were based on the work of Air Force Psychiatrist Albert Biderman, who wrote the landmark “Communist Attempts to Elecit False Confessions from Air Force Prisoners of War,” on which SERE resistance was based. Biderman wrote:
“The experiences of American Air Force prisoners of war in Korea who were pressured for false confessions, enabled us to compile an outline of methods of eliciting compliance, not much different, it turned out, from those reported by persons held by Communists of other nations. I have prepared a chart showing a condensed version of this outline.”
The chart is a how-to for communist torturers interested only in false confessions for propaganda purposes, not intelligence. It was the manual for, in Biderman’s words, “brainwashing.” In the reference for Principle Number 7, “Degradation,” the chart explains:
“Makes Costs of Resistance Appear More Damaging to Self-Esteem than Capitulation; Reduces Prisoner to “Animal Level…Personal Hygiene Prevented; Filthy, Infested Surroundings; Demeaning Punishments; Insults and Taunts; Denial of Privacy”
Appallingly, this could explain that even photos such as those of feces-smeared prisoners at Abu Ghraib might not, as we would hope, be only the individual work of particularly demented guards, but part of systematic degradation authorized at the highest levels.
Exhibit: Abu Ghraib, Female POW
This could go far toward explaining why the Bush administration seemed so tone-deaf to intelligence professionals, including legendary CIA Director William Colby, who essentially told them they were doing it all wrong. A startling level of consensus existed within the intelligence community that the way to produce good intelligence was to gain the trust of prisoners and to prove everything they had been told by their recruiters, about the cruelty and degeneracy of America, to be wrong.
But why would the administration care about what worked to produce intelligence, if the goal was never intelligence in the first place? What the Ponzi scheme of either innocent men or low-level operatives incriminating each other DID accomplish, was produce a framework of rapid successes and trophies in the new War on Terror.
And now, American contractors Vance and Ertel show, unless there are prosecutions, the law has effectively changed and they can do it to Americans. Jane Mayer in the New Yorker describes a new regime for prisoners which has become coldly methodical, quoting a report issued by the Parliamentary Assembly of the Council of Europe, titled “Secret Detentions and Illegal Transfers of Detainees.” In the report on the CIA paramilitary Special Activities Division detainees were “taken to their cells by strong people who wore black outfits, masks that covered their whole faces, and dark visors over their eyes.”
Mayer writes that a former member of a C.I.A. transport team has described the “takeout” of prisoners as:
“a carefully choreographed twenty-minute routine, during which a suspect was hog-tied, stripped naked, photographed, hooded, sedated with anal suppositories, placed in diapers, and transported by plane to a secret location.”
A person involved in the Council of Europe inquiry, referring to cavity searches and the frequent use of suppositories, likened the treatment to “sodomy.” He said, “It was used to absolutely strip the detainee of any dignity. It breaks down someone’s sense of impenetrability.”
Of course we have seen these images before, in the trial balloon treatment of Jose Padilla, the first American citizen arrested and declared “enemy combatant” in the first undeclared war without end. The designation placed Padilla outside of his Bill of Rights as an American citizen even though he was arrested on American soil. Padilla was kept in isolation and tortured for nearly 4 years before being released to a civilian trial, at which point according to his lawyer he was useless in his own defense, and exhibited fear and mistrust of everyone, complete docility, and a range of nervous facial tics.
Jose Padilla in Military Custody
Rumsfeld’s avuncular “golly-gee, gee-whiz” performances in public are legendary. Randall M. Schmidt, the Air Force Lieutenant General appointed by the Army to investigate abuses at Guantanamo, and who recommended holding Rumsfeld protege and close associate General Geoffrey Miller “accountable” as the commander of Guantanamo, watched Rumsfeld’s performance before a House Committee with some interest. “He was going, “My God! Did I authorize putting a bra and underwear on this guy’s head and telling him all his buddies knew he was a homosexual?’ “
But General Taguba said of Rumsfeld: “Rummy did what we called “case law’ policy — verbal and not in writing. What he’s really saying is that if this decision comes back to haunt me I’ll deny it.”
Taguba went on: “Rumsfeld is very perceptive and has a mind like a steel trap. There’s no way he’s suffering from C.R.S.–Can’t Remember sh*t.”
Miller was the general deployed by Rumsfeld to “Gitmo-ize” Abu Ghraib in 2003 after Rumsfeld had determined they were being too “soft” on prisoners. He said famously in one memo “you have to treat them like dogs.” General Karpinski questioned the fall of Charles Graner and Lyndie England as the main focus of low-level “bad apple” abuse in the Abu Ghraib investigations. “Did Lyndie England deploy with a dog leash?” she asks.
Exhibit: Dog deployed at Abu Ghraib, mentally-ill prisoner
Abu Ghraib prisoner in “restraint” chair, screaming “Allah!!”
Rumsfeld’s worry now is the doctrine of Universal Jurisdiction, as well as ordinary common law. The veil of immunity stripped in civil cases would seem to free the hand of any prosecutor who determines there is sufficient evidence that a crime has been committed based on available evidence. A grand jury’s bar for opening a prosecution is minimal. It has been said “a grand jury would indict a ham sandwich.” Rumsfeld, and the evidence against him, would certainly seem to pass this test.
The name Dilawar translates to English roughly as “Braveheart.” Let us pray he had one to endure the manner of his death. But the more spiritual may believe that somehow it had a purpose, to shock the world and begin the toppling of unimaginable evil among us. Dilawar represented the poorest of the poor and most powerless, wanting only to pick up his three sisters, as his mother had told him to, for the holiday. The question now is whether Americans will finally draw a line, as the case against Rumsfeld falls into place and becomes legally bulletproof. Andy Worthington noted that the case for prosecutors became rock solid when Susan Crawford, senior Pentagon official overseeing the Military Commissions at GuantÃ¡namo — told Bob Woodward that the Bush administration had “met the legal definition of torture.”
As Rumsfeld continues his book tour and people like Dilawar are remembered, it is not beyond the pale that an ambitious prosecutor, whether local, state, or federal, might sense the advantage. It is perhaps unlikely, but not inconceivable, that upon landing at Logan International Airport on Wed., Sept. 21st, or similarly anywhere he travels thereafter, Rumsfeld could be greeted with the words such as: “Welcome to Boston, Mr. Secretary. You are under arrest.”
Take action — click here to contact your local newspaper or congress people:
Prosecute Rumsfeld NOW for torture!
RELEVANT US CODE:
a. Conspiracy to torture in violation of the U.S. Code, in both Title 18, Section 2340
b. Conspiracy to commit war crimes including torture, cruel or inhuman treatment, murder, mutilation or maiming and intentionally causing serious bodily injury in violation of Title 18, Section 2441
Massachusetts Attorney General Martha Coakley:
email: Email address removed
One Ashburton Place
Boston, MA 02108 -1518
Phone: (617) 727-2200 begin_of_the_skype_highlighting (617) 727-2200 end_of_the_skype_highlighting//Here is the contact info for members of the Boston City Council, which could pass a resolution directing the Police Commissioner to arrest Rumsfeld on sight (google Brattleboro Resolution, George W. Bush):
And Gov. Duval Patrick has an obligation to order the state police to do the same: CONTACT FORM
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Bristol County District Attorney C. Samuel Sutter
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Elected November 2006
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Northwestern http://www.mass.gov/…< a href=”http://media.fastclick.net/w/click.here?sid=48406&m=6&c=1″ target=”_blank”><img src=”http://media.fastclick.net/w/get.media?sid=48406&m=6&tp=8&d=s&c=1″ width=300 height=250 border=1></Plymouth District Attorney Timothy J. Cruz
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Worcester District Attorney Joseph D. Early, Jr.
Elected November 2006
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Tags: Abu Ghraib, bagram, geneva conventions, Guantanamo, roger hollander, torture
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The absolute prohibition of torture is under attack, and public opinion is putting up with it. This deviation from the international norm is a negation of the dignity of the human person.
Nobel Peace Prize laureates Martti Ahtisaari, Kofi Annan, Jean-Marie Gustave Le Clézio, Rigoberta Menchú, José Ramos-Horta, Adolfo Pérez Esquivel, Joseph Stiglitz, Desmond Tutu and Jimmy Carter have signed the OMCT Manifesto, “Nothing can justify torture under any circumstances“.
Kofi Annan and Sandrine Salerno, Mayor of Geneva, formally signed the Manifesto on 23 June 2010 to mark the launching of an international campaign to alert everyone to the dangers which a society that tolerates torture risks.
This campaign will be undertaken in collaboration with the 297 organisations that are members of OMCT.
TO SIGN THIS PETITION: http://www.omct.org/international-campaigns/campaign-prohibition-torture/
Tags: Afghanistan, Afghanistan War, bagram, constitution, Criminal Justice, detainees, enemy combatants, geneva conventions, Guantanamo, habeas corpus, human rights, michael doyle, obama administration, roger hollander, supreme court, torture
(Roger’s note: here is what the U.S. government is doing in your name [if you are an American]. It has its CIA and military operatives around the world, capturing “enemy combatants.” Read the last paragraph of this article. Often these detainees have been turned over to the U.S. forces by neighbors who have an axe to grind. This occurs in countries where because of language and cultural differences, it is difficult for the American operatives to know the true story. The detainees are sent to a hell hole of a prison in Afghanistan at the Bagram Air Base. No matter what the Court or anyone else says, they are in U.S. custody. They are locked up indefinitely, with absolutely no rights, and are often abused and tortured. This it the new American way. This is what American tax dollars fund. This is what the great progressive Obama fights tooth and nail to justify and maintain through his Solicitor General and Justice Department.)
Friday 21 May 2010
Washington — A key appellate court on Friday concluded prisoners held at Bagram Air Force Base in Afghanistan cannot challenge their captivity through rights granted under the U.S. Constitution.
In a much-anticipated decision, the U.S. Court of Appeals for the D.C. Circuit ruled Yemeni native Fadi Al-Magaleh and two other men did not enjoy the same habeas rights previously extended by the Supreme Court to Guantanamo Bay detainees.
Citing geographic and other differences between the air base in Afghanistan and the naval base in Cuba, the three-judge panel overturned a trial court’s conclusion that the Bagram detainees were constitutionally similar to those held in Guantanmo.
“Guantanamo Bay is a territory that, while technically not a part of the United States, is under the complete and total control of our government,” Judge David Sentelle wrote. At Bagram, he added, “the surrounding circumstances are hardly the same.”
The United States has controlled Guantanamo Bay for over a century, while Sentelle noted that at the leased, sprawling Bagram facility “there is no indication of any intent to occupy the base with permanence.”
The appellate panel further noted that Bagram, unlike Guantanamo, is “exposed to vagaries of war” because of its location in an active war zone.
The wartime setting, as well as potential complications in dealing with a sovereign Afghan government, undermined the detainees’ claims that they are protected by the Constitution.
“While we cannot say that extending our constitutional protections to the detainees would be in any way disruptive of that relationship, neither can we say with certainty what the reaction of the Afghan government would be,” Sentelle wrote.
A Republican appointee, Sentelle is generally considered one of the most conservative judges on the influential D.C. Circuit. He was joined by two Democratic appointees who generally are part of the court’s liberal wing, judges David Tatel and Harry Edwards.
The ruling is a marked victory for the Obama administration, although the court made clear it was not adopting all of the administration’s reasoning, some of which Sentelle called “extreme.”
The case’s next stop could well be the Supreme Court. Court nominee Elena Kagan would have to recuse herself from the case if confirmed, because as solicitor general she has overseen the Obama administration’s case.
Maqaleh was captured in Zabul, Afghanistan, in 2003. Redha Al-Najar is a native of Tunisia who says he was captured in Pakistan in 2002. Amin Al-Bakri is a Yemeni citizen who says he was captured in Thailand in 2002. The United States considers each man to be an enemy combatant. They are being held at Bagram, the largest military facility in Afghanistan. The United States has formally leased the facility from the Afghan government since 2006.
Tags: andy worthington, bagram, Canada, child soldier, geneva conventions, Guantanamo, International law, law of war, michelle shephard, military commissions, obama administration, Omar Khadr, roger hollander, torture
(Roger’s note: this long and painful article describes in tortuous detail the abuse of a child caught in the web of insanity known as the war against terror. It recounts only one of many stories which serve as an indication of the level of barbarism to which the American program has sunk under the leadership of allegedly civilized leaders such as George W. Bush and Barack Obama. Those of us who have not become inured to the implementation of torture and other gross violations of human rights that are being perpetuated on a daily basis in our name have a moral obligation to continue to speak out and act against these crimes and the criminals – elected and otherwise – who perpetuate them.)
by Andy Worthington
Are we so inured to the implementation of torture by the Bush administration that we no longer recognize what torture is? Torture, according to the UN Convention Against Torture, to which the US is a signatory, is “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person.”
Under President Bush, however, John Yoo, an ideological puppet in the Justice Department’s Office of Legal Counsel, which is supposed to objectively interpret the law as it applies to the executive branch, purported to redefine torture, in two memos that have become known as the “torture memos,” as the infliction of physical pain “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death,” or the infliction of mental pain which “result[s] in significant psychological harm of significant duration e.g. lasting for months or even years.”
I ask this question about torture – and our attitude to it – because of what took place last week, in pre-trial hearings at Guantánamo preceding the trial by Military Commission of the Canadian prisoner Omar Khadr, who was just 15 years old when he was seized after a firefight in Afghanistan in July 2002. A number of witnesses revealed details of Khadr’s mistreatment, in the US prison at Bagram airbase in Afghanistan, which hinted at his inclusion in an abusive program that, before the 9/11 attacks, before Yoo’s memos and before a general coarsening of attitudes towards abuse and the mistreatment of prisoners, would have led to calls for that mistreatment to be thoroughly investigated, and, very possibly, for it to be regarded as torture or as cruel, inhumane and degrading treatment.
In Khadr’s case, these questions should not even need raising, for a number of other compelling reasons. The first concerns his age. Under the terms of the Optional Protocol to the UN Convention on the Rights of the Child, on the involvement of children in armed conflict, to which the US is also a signatory, juveniles – defined as those under the age of 18 when the crime they are accused of committing took place – “require special protection.” The Optional Protocol specifically recognizes “the special needs of those children who are particularly vulnerable to recruitment or use in hostilities,” and requires its signatories to promote “the physical and psychosocial rehabilitation and social reintegration of children who are victims of armed conflict.”
Instead, however, the US government is attempting, for the third time, to prosecute Khadr for war crimes in a special trial system for foreign terror suspects – the Military Commissions – which were first ruled illegal by the Supreme Court in 2006, were then revived by Congress but abandoned by President Obama on his first day in office (after they had succeeded in delivering just three dubious results), and were then revived again by President Obama, with the support of Congress, last summer.
Compounding the dark absurdity of Khadr’s proposed trial is an uncomfortable truth that has been particularly noted by Lt. Col. David Frakt, a former military defense attorney for the Commissions, who has regularly pointed out that the Military Commissions are fundamentally flawed because they contain “law of war offenses” invented by Congress, including “Providing Material Support to Terrorism” and “Murder in Violation of the Law of War.” Lt. Col. Frakt has recently expressed even graver concerns about how the new Military Commissions Act includes a passage which claims that “a detainee may be convicted of murder in violation of the law of war even if they did not actually violate the law of war.”
As I also explained in an article last week, “critics of Khadr’s trial have, from the beginning, recognized that there is something horribly skewed about redefining the internationally accepted laws of war so that one side in an armed conflict – the US – can kill whoever it wants with impunity, whereas its opponents are viewed as terrorists, or, when brought to trial, as those who have committed ‘Murder in Violation of the Law of War.’”
Nevertheless, as the Obama administration has decided to press ahead with Khadr’s trial, pre-trial hearings were held over the last two weeks in an attempt to address concerns raised by Khadr’s defense team. These largely skirted the issues discussed in the paragraphs above, but focused unerringly on Khadr’s alleged mistreatment, through a “Motion to Suppress Statements Procured Using Torture, Coercion and Cruel, Inhumane and Degrading Treatment” (PDF), in which his lawyers argued that any self-incriminating statements that Khadr may have made should be ruled out because of the manner in which they were extracted.
The torture of Omar Khadr
Over the years, and in an affidavit submitted in February 2008 (PDF), Khadr has described his mistreatment in detail, explaining how he was unconscious for a week after his capture, when he was severely wounded, and how, in Bagram, where he was taken after just two weeks in a hospital, his interrogations began immediately, at the hands of an interrogator who manipulated his injuries (the exact details were redacted from his affidavit). Crucially, he also explained how, as soon as he regained consciousness, “the first soldier told me that I had killed an American with a grenade,” and how, during his first interrogation at Bagram, “I figured out right away that I would simply tell them whatever I thought they wanted to hear in order to keep them from causing me [redacted].”
There is much more in the affidavit – casual cruelty, whereby guards made Khadr do hard manual labor when his wounds were not healed, and, significantly, threats “to have me raped, or sent to other countries like Egypt, Syria, Jordan or Israel to be raped.” He also noted, “I would always hear people screaming, both day and night,” and explained that other prisoners were scared of his interrogator. “Most people would not talk about what had been done to them,” he declared. “This made me afraid.”
Khadr also described what happened to him in Guantánamo, where, as I explained last week, he “arrived around the time that a regime of humiliation, isolation and abuse, including extreme temperature manipulation, forced nudity and sexual humiliation, had just been introduced, by reverse-engineering torture techniques, used in a military program designed to train US personnel to resist interrogation if captured, in an attempt to increase the meager flow of ‘actionable intelligence’ from the prison.”
At various points in 2003, while the use of these techniques was still widespread, Khadr stated that he was short-shackled in painful positions and left for up to ten hours in a freezing cold cell, threatened with rape and with being transferred to another country where he could be raped, and, on one particular occasion, when he had been left short-shackled in a painful position until he urinated on himself:
Military police poured pine oil on the floor and on me, and then, with me lying on my stomach and my hands and feet cuffed together behind me, the military police dragged me back and forth through the mixture of urine and pine oil on the floor. Later, I was put back in my cell, without being allowed a shower or a change of clothes. I was not given a change of clothes for two days. They did this to me again a few weeks later.
Crucially, when describing the interrogations that punctuated these experiences at Guantánamo, Khadr explained, “I did not want to expose myself to any more harm, so I always just told interrogators what I thought they wanted to hear. Having been asked the same questions so many times, I knew what answers made interrogators happy and would always tailor my answers based on what I thought would keep me from being harmed.”
Until two weeks ago, these claims – though well-known to those who have followed Khadr’s case – had, for the most part, not been aired in a courtroom. In response to the defense motion, however, the government attempted to refute Khadr’s claims, calling a female interrogator who stated that Khadr had voluntarily admitted that he threw the grenade that killed US Sgt. Christopher Speer, during sessions after his arrival at Guantánamo in October 2002 that were perfectly amicable, and an FBI agent, Robert Fuller, who stated that his interrogations of Khadr at Bagram earlier in October 2002 were also “conversational” and “non-confrontational,” and that Khadr had freely admitted to throwing the grenade that killed Sgt. Speer.
Whilst it was possible – if not probable – that both interrogators were telling the truth about interrogating Khadr non-coercively, the problem remains that Khadr has stated that, from the time of his very first interrogation, he regarded telling his interrogators what they wanted to hear as the best way of avoiding mistreatment, and so may not have been telling them the truth. As a result, last week’s witnesses were more significant because they shed light on the early days after he recovered consciousness in US custody, and, in particular, on his first interrogation and his subsequent interaction with that interrogator. Along the way, further witnesses cast shadows on the government’s otherwise clean picture of interrogations conducted in a non-coercive environment.
It would have remarkable had this not happened, as countless witnesses – including soldiers as well as current and former Guantánamo prisoners – have described the brutality at Bagram at the time Khadr was held there between August and October 2002, which led, just over a month after Khadr’s departure for Guantánamo, to the murder of two prisoners – and, very possibly, to other murders at the time he was held.
The medic’s testimony — and “Palestinian hanging”
The first to reveal a glimpse of the regime at Bagram was, ironically, a medic called as a witness by the prosecution. “Mr. M,” as he was identified, who testified by video link from Boston, countered Khadr’s claims that, while he was at Bagram, “five people in civilian clothes would come and change my bandages,” and that they “treated me very roughly and videotaped me while they did it,” stating that he alone changed his bandages twice a day, and that no rough treatment was involved.
He did, however, note that, on one occasion, he found Khadr hooded and chained to a cage by his wrists with his arms “just above eye level,” and that when he lifted the hood, Khadr was visibly upset. The medic added, as Carol Rosenberg described it in the Miami Herald, that “he didn’t object to Khadr’s treatment, because chaining was an approved form of punishment” at Bagram, “adding that he didn’t know the reason for the punishment nor how long Khadr had been chained.”
This rather nonchalant description of “chaining” may not have shocked the medic, especially as the chains were apparently “slack enough to allow Khadr’s feet to touch the floor,” but the only reason for this was because of the severity of his wounds, as Khadr explained in his affidavit, in which he also stated that he was chained up “several times.” Otherwise, like numerous other prisoners, including Dilawar (the subject of “Taxi to the Dark Side“) and Mullah Habibullah, the two prisoners who were killed at Bagram in December 2002, he would have been fully suspended by his wrists, in a torture technique more commonly known as the “strappado” technique or “Palestinian hanging.”
Nevertheless, as Barry Coburn, Khadr’s lead lawyer, explained, the medic’s testimony provided “critically important validation” of statements in his client’s affidavit, and another of his lawyers, Kobie Flowers, added, “Had this been an American soldier in North Korea, people would be outraged. Here we have a 15-year-old individual who was nearly killed with bullets in his back who was left up there to hang as punishment.”
“Interrogator No. 2″ and Khadr’s first interrogation — on a stretcher
However, while this was significant in establishing some context for the general and well-chronicled brutality at Bagram, which will no doubt emerge in unprecedented detail should Khadr’s trial proceed, it was not until Tuesday last week that previously unknown information emerged regarding Khadr’s first interrogation on arrival at Bagram, which, according to a master sergeant in the US Army, identified as “Interrogator No. 2,” who appeared in person, took place on the same day that Khadr was moved from the hospital to what Carol Rosenberg described as “the crude, putrid Bagram Air Base detention center.”
The interrogator, who was an observer at Khadr’s first interrogation on August 12, 2002, revealed that “the questioning took place while Khadr was on a stretcher – he couldn’t remember if Khadr was shackled to it – and that his notes included this detail: ‘Clarification was difficult due to the sedation and fatigue of the detainee.’” He also explained that no coercion was used on him, but just two approved techniques from the Army Field Manual: “fear down,” which is designed to play down a prisoner’s anxieties, and “fear of incarceration,” which encourages prisoners to tell the truth by pointing out that otherwise they may face extended imprisonment.
It is hard to tell if this controlled line of questioning strictly reflects reality, but even so, as one of Khadr’s military lawyers, Army Lt. Col. Jon Jackson noted, the testimony showed that Khadr “was first questioned within just 12 hours of his transfer from the US field hospital to the detention center.” Kobie Flowers was more forceful in his criticism. “You got a guy who is 15, seriously wounded, who has had multiple surgeries, and that’s the first time the United States government takes a statement from him to use in his prosecution,” he said, adding, “Now whether it is torture, cruel, inhumane, degrading treatment or simply involuntary … I don’t think any federal judge in the United States would allow that type of conduct.”
The testimony of Damien Corsetti
On Wednesday, a peripheral figure in Khadr’s story – but one who has achieved a certain notoriety – testified by video link from Arlington, Virginia. Damien Corsetti, who was known as “Monster” at Bagram, based on a tattoo on his chest, and also as “The King of Torture,” described himself as “a disabled veteran suffering post traumatic stress disorder as a result of his interrogation work in both Afghanistan and Iraq,” and explained how, on seeing Khadr on July 29, 2002, just two days after his capture, he was struck by how he was an injured “child” detained in “one of the worst places on Earth.” He added, “More than anything, he looked beat up. He was a 15 year-old kid with three holes in his body, a bunch of shrapnel in his face. That was what I remember. How horrible this 15 year-old child looked.”
Corsetti, who was cleared in 2005 of abuse charges relating to his conduct in Bagram and, later, at Abu Ghraib in Iraq, explained, back in 2007, how he was still haunted by “the cries, the smells, the sounds” of those whose torture he witnessed, when he was called upon to attend sessions in the basement of Bagram in which “high-value detainees” were tortured. “[T]hey are with me all the time,” he said.
Last Wednesday, Corsetti told the court that he was “not one of Khadr’s interrogators” but had befriended him in Bagram. He explained that the guards and interrogators, who identified all the prisoners as “BOB” (which stood for “Bad Odor Boys”), named Khadr “Buckshot BOB,” due to his injuries. He added that “there was the sound of screaming and yelling ‘continuously,” and also confirmed that threats were made to send prisoners to countries where they would be tortured, or raped. He specifically mentioned Israel and Egypt, but added, as Michelle Shephard explained in the Toronto Star, that he “did not know if Khadr had been told this.” As Khadr stated in his affidavit that he was indeed threatened with being sent to Israel or Egypt (or Syria or Jordan), Corsetti’s testimony therefore endorsed another of Khadr’s claims.
“Interrogator No. 1″ and the rape threat
If Corsetti’s testimony, for the most part, did little more than add some more color to the story of Khadr’s early months in US custody, Thursday’s witness, Joshua Claus, provided potent testimony regarding the kind of threats to which Khadr was subjected, and also provided a disturbing link to the kind of violence in Bagram that led to the murders of Dilawar and Mullah Habibullah in December 2002. Claus, formerly a sergeant in the 519th Military Intelligence Battalion (of which Corsetti was also a member), was identified in court as “Interrogator No. 1,” and was Khadr’s main interrogator at Bagram, the “skinny blond” man with glasses (just 21 years old at the time) who also interrogated him while he was on a stretcher, on the day that he was moved to Bagram from the field hospital, and who, according to Khadr, mistreated him in an unknown manner (because the details are redacted) during his first interrogation.
Testifying by video link from Arizona, Claus recalled, in particular, using the technique described as “fear up harsh” in interrogations of Khadr, during which he would kick the furniture and scream at the young prisoner. He also admitted that he invented a rape story to scare him, explaining, as Spencer Ackerman described it in the Washington Independent:
“I told him a fictitious story we had invented when we were there,” Interrogator #1 said. It was something “three or four” interrogators at Bagram came up with after learning that Afghans were “terrified of getting raped and general homosexuality, things of that nature.” The story went like this:
Interrogator #1 would tell the detainee, “I know you’re lying about something.” And so, for an instruction about the consequences of lying, Khadr learned that lying “not so seriously” wouldn’t land him in a place like “Cuba” – meaning, presumably, Guantánamo Bay – but in an American prison instead. And this one time, a “poor little 20-year-old kid” sent from Afghanistan ended up in an American prison for lying to an American. “A bunch of big black guys and big Nazis noticed the little Afghan didn’t speak their language, and prayed five times a day – he’s Muslim,” Interrogator #1 said. Although the fictitious inmates were criminals, “they’re still patriotic,” and the guards “can’t be everywhere at once.”
“So this one unfortunate time, he’s in the shower by himself, and these four big black guys show up – and it’s terrible something would happen – but they caught him in the shower and raped him. And it’s terrible that these things happen, the kid got hurt and ended up dying,” Interrogator #1 said. “It’s all a fictitious story.”
Perhaps so, but as Ackerman also noted, every other interrogator who spoke to Khadr did so “after he heard a ‘fictitious story’ about a young Afghan who lied to US interrogators and as a result was raped and killed in jail.”
In many ways, the events of the last two weeks were inconclusive, and it remains to be seen how the judge, Army Col. Patrick Parrish, will interpret them. Certainly, there was much worse abuse at Bagram and at Guantánamo than that experienced by Omar Khadr, but he was just a child during his time at Bagram and the early years of his abuse at Guantánamo, and it may well be that, as his lawyers assert, any self-incriminating statements that he made (especially regarding the throwing of a grenade that may have taken place when he was face down and unconscious under a pile of rubble) were produced because rape threats and physical violence based primarily on exploitation of his wounds was enough to terrify him into acquiescence with whatever his captors wanted.
The Pentagon shoots itself in the foot: four reporters banned
Ironically, the biggest story in Guantánamo last week was not the reports of Khadr’s treatment but the banning of four reporters (including Michelle Shephard and Carol Rosenberg), after they revealed Claus’ name in newspaper reports. The Pentagon alleged that this violated an order stipulating that Claus’ real name was protected information, but this was patently ridiculous, because his name was already in the public domain, and, in 2008, he had even conducted an interview with Michelle Shephard.
Instead of protecting Claus, the Pentagon’s heavy-handed response served only to make other reporters wonder if the Pentagon was trying to prevent anyone from working out that, unlike Damien Corsetti, Claus served five months in prison for pleading guilty in a court martial to the abuse of an unidentified prisoner at Bagram, who was made “to roll back and forth on the floor and kiss the boots of his interrogator,” as Michelle Shephard described it, and for the assault of Dilawar. In Shephard’s words, “He admitted to forcing water down the throat of Dilawar and twisting a hood over the Afghan’s head.” Moreover, as another soldier explained in a military report into Dilawar’s death, “I had the impression that Josh was actually holding the detainee upright by pulling on the hood. I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.”
In his interview in 2008, Claus insisted that he wanted to set the record straight. “They’re trying to imply I’m beating or torturing everyone I ever talked to [at Bagram],” he said, adding that, with Khadr, “I spent a lot of time trying to understand who he was and what I could say to him or do for him, whether it be to bring him extra food or get a letter out to his family … I needed to talk to him and get him to trust me.”
Responding last Thursday to a question about his conviction posed by Barry Coburn, Claus insisted that he “lost control at a very slight moment. You’re talking about two-and-a-half minutes of my life.” This may not technically be correct, as there was clearly more than one incident, but it is obvious that his actions were part of an abusive program sanctioned at the highest level of the Bush administration, and moreover, as Damien Corsetti explained, “the pressure to get information from prisoner at Bagram was intense.” He told Col. Parrish, “This was less than a year after 9/11 so we’re all still pretty heated up about that. This was life and death stuff we were supposedly dealing with. There was just a ton of pressure on us to get information to save lives and generate reports.”
By banning the four reporters, the Pentagon has only succeeded in drawing attention to something it presumably wanted to hide: that Omar Khadr’s mistreatment in Bagram took place at time when the violence in the prison, sanctioned by the Bush administration, was so intense that prisoners died, and that his first interrogator was implicated in the murder of one of these men. It doesn’t prove that Khadr wasn’t coerced into making false confessions, but it doesn’t augur well for claims that everything about his treatment was “conversational” and “non-confrontational.”
The Obama administration has until July, when Khadr’s trial is scheduled to start, to extricate itself from a public relations disaster of its own making, by formulating an acceptable plea deal for Khadr and arranging his return to Canada. Too much about this story – from the trumped-up war crimes charges, to the doubts about Khadr’s guilt, to his age and the abuse to which, on occasion, he was undoubtedly subjected – makes proceeding with the trial an unpalatable and essentially pointless exercise. It is, I believe, time, after nearly eight years, for his punishment to come to an end, and for his long-delayed rehabilitation to begin.
Andy Worthington is a journalist and historian, based in London. He is the author of The Guantánamo Files, the first book to tell the stories of all the detainees in America’s illegal prison. For more information, visit his blog here.
“You don’t like the truth: 4 days inside Guantanamo.” The most powerful and disturbing documentary I have ever seen over my 50 some odd years of political involvement.
I cannot tell you how painful it was to watch for over an hour as a Canadian CSIS officer systematically applied psychological torture to this 16 year old child.
If you are a Canadian, you will feel a profound shame (the Canadian Supreme Court found that the interrogation was a violation of the child’s rights, but didn’t order the government to do anything about it). If you are a human being with an ounce of humanity …
The documentary, using the video of the four days of interrogation, shows beyond a shadow of a doubt that the child was innocent of the charge against him. It shows him (who already had been brutally tortured by the Americans) virtually destroyed emotionally over the persistent hectoring of his interrogator and yet, in the end, having more courage and decency than his monster of an adversary (a veritable wolf in sheep’s clothing).
There is much more I could say, and maybe I will add another post once I calm down. If you want to know the truth about this disgusting travesty of justice, try to find a way to see this documentary, or at least view the trailer whose link is at the top of this post. The documentary’s home page is http://www.youdontlikethetruth.com/?lang=En&page=Home
Roger Hollander, October 31, 2010
The Disappointing Kagan Pick May 12, 2010Posted by rogerhollander in Criminal Justice.
Tags: habeas corpus, supreme court, justice, detainees, law, constitution, geneva conventions, matthew rothschild, executive privilege, state secrets, elena kagan, bagram, due process, justice kennedy, presidential power, justice stevens, obama nomination, executive powers
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(Roger’s note: it may seem redundant to keep on harping about Obama’s selection of Kagan; all indications are that it is a done deal, i.e. she will be confirmed. I have read many good things about her from progressive blogs and the Obama web site (one commentary that really grated against my sensibility lauded her as a “safe” choice; just what we need, a safe choice to confront the four ultra-conservative ideologues: Justices Alito, Roberts, Scalia and Thomas). I am sure there are indeed good things to be said about soon-to-be Justice Kagan. Too bad that she has a penchant for hiring white males, but much worse, when it comes to presidential powers, she has little respect for such minor considerations as the constitution, the Geneva Conventions, and the concept of habeas corpus. Well, as my daughters always reminded me, nobody’s perfect.)
I’m troubled by Obama’s nomination of Elena Kagan to the Supreme Court.
I’m troubled not because she has no prior experience as a judge. Obama’s right that we need more than cloistered judges on the top bench.
But I wish she had more experience outside of the University of Chicago Law School and Harvard Law School, outside of the Clinton White House and the Obama White House.
These aren’t the widest of worldly experiences.
And her time in the White House is especially troubling.
I’d much prefer having a non-judge who was a former member of Congress, for instance, someone who had an intense personal appreciation for the other branch of government.
Unfortunately, Kagan’s government experience is with the Executive Branch and with upholding its powers. That’s what she did as Solicitor General, remember. She went to bat for the Presidency.
And this President, like George W., has embraced a vast expansion of Executive Powers. So Kagan or her deputies have repeatedly gone into court to invoke the undemocratic doctrine of state secrets. And they’ve gone into court to assert the right to hold any person, captured by the military or the CIA or by some foreign power anywhere in the world, for an indefinite period of time at Bagram Air Base in Afghanistan-without recourse to any due process rights whatsoever.
In Maqaleh v. Gates, she told a federal court: “When it comes to military facilities, unlike Guantanamo, that are truly abroad-particularly those halfway across the globe in an active war zone-courts in the United States exceed their role by second-guessing the political branches about the reach of habeas jurisdiction.”
It’s no surprise that Kagan disdains due process for detainees. At her confirmation hearings as Solicitor General, Kagan testified that she had no problem with that.
Well, I do. And Justice John Paul Stevens sure did. And the Constitution does. And the Geneva Conventions do.
It’s more than a little too bad that she doesn’t. And that Obama doesn’t.
Stevens, by the way, brought Kennedy along and assigned him the role of writing the decision in the Boumediene case that limited the Executive Branch’s ability to deny due process to detainees.
Wrote Kennedy: “The test for determining the scope of the habeas corpus provision must not be subject to manipulation by those whose power it is designed to restrain.”
So, on this crucial issue of executive power, Kagan is to the right of Kennedy!
I also doubt that Kagan will be better than Stevens in influencing Kennedy, much less the justices on his right. Like Kennedy, Stevens was appointed by a Republican, and Stevens had 12 years on the Court before Kennedy, his junior, came along.
Still, Obama hailed her “skill as a consensus-builder.” But what the court needs now is not a “consensus-builder,” since on many issues there is no basis for consensus. There is a vast ideological gulf. Instead, it needs someone who can advocate as aggressively for a progressive jurisprudence as Roberts, Alito, Scalia, and Thomas advocate for a reactionary one.
The Supreme Court is not Harvard Law School. And Kagan will not be the dean. She’ll be the junior member. To the extent that she is determined to be a consensus builder, the conservatives are more likely to drag her their way than she is likely to drag them in a progressive direction.
More’s the pity.
© 2010 The Progressive
Matthew Rothschild is the editor of The Progressive magazine.