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America Is Committing Brutal Acts of Torture Right Now December 12, 2014

Posted by rogerhollander in Human Rights, Imperialism, Torture.
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Roger’s note: the United States was founded on the genocide of the First Nations peoples, the brutal slavery of Africans, and — in later times — aggressive wars and imperial exploitation of its Latino neighbors.  Given the bleak and degenerated state of Native Americans, African Americans and Latinos in the United States, it is difficult not to look back, as Barack Obama (a war criminal himself) wants us to do when it comes to the American torture program.  Most want to believe that past atrocities are behind us.  That is a cruel illusion.  It is time to face the Truth.

NA/TORTURE

Torture has been an integral and systematic intelligence practice since WWII.

The grisly details of CIA torture have finally been at least partly aired through the release this Tuesday of the executive summary to a landmark Senate intelligence committee report. The extent of the torture has been covered extensively across the media, and is horrifying. But much of the media coverage of this issue is missing the crucial bigger picture: the deliberate rehabilitation of torture under the Obama administration, and its systematic use to manufacture false intelligence to justify endless war.

Torture victims, who had been detained by the US national security apparatus entirely outside any sort of recognizable functioning system of due process, endured a litany of extreme abuses normally associated with foreign dictatorships: 180-hour sleep deprivation, forced “rectal feeding,” rectal “exams” using “excessive force,” standing for dozens of hours on broken limbs, waterboarding, being submerged in iced baths, and on and on.

Yet for the most part, it has been assumed that the CIA’s “enhanced interrogation program” originated under the Bush administration after 9/11 and was a major “aberration” from normal CIA practice, as one US former military prosecutor put it in the Guardian. On BBC Newsnight yesterday, presenter Emily Maitlis asked Zbigniew Brzezinski, former National Security Adviser under Carter, about the problem of “rogue elements in the CIA,” and whether this was inevitable due to the need for secrecy in intelligence.

High-level sanction

Media coverage of the Senate report has largely whitewashed the extent to which torture has always been an integral and systematic intelligence practice since the second World War, continuing even today under the careful recalibration of Obama and his senior military intelligence officials. The key function of torture, largely overlooked by the pundits, is its role in manufacturing nebulous threats that legitimize the existence and expansion of the national security apparatus.

The CIA’s post-9/11 torture program was formally approved at the highest levels of the civilian administration. We have known for years that torture was officially sanctioned by at least President Bush, Vice-President Cheney, former National Security Advisor Condoleezza Rice, Defense Secretary Donald Rumsfeld and Secretary of State Colin Powell, CIA directors George Tenet and Michael Hayden, and Attorney General John Ashcroft.

Yet the focus on the Bush administration serves a useful purpose. While the UN has called for prosecutions of Bush officials, Obama himself is excused on the pretext that he banned domestic torture in 2009, and reiterated the ban abroad this November.

Even Dan Froomklin of the Intercept congratulated the November move as a “win” for the “good guys.” Indeed, with the release of the Senate report, Obama’s declaration that he has ended “the CIA’s detention and interrogation program” has been largely uncritically reported by both mainstream and progressive media, reinforcing this narrative.

Rehabilitating the torture regime

Yet Obama did not ban torture in 2009, and has not rescinded it now. He instead rehabilitated torture with a carefully crafted Executive Order that has received little scrutiny. He demanded, for instance, that interrogation techniques be made to fit the US Army Field Manual, which complies with the Geneva Convention and has prohibited torture since 1956.

But in 2006, revisions were made to the Army Field Manual, in particular through ‘Appendix M’, which contained interrogation techniques that went far beyond the original Geneva-inspired restrictions of the original version of the manual. This includes 19 methods of interrogation and the practice of extraordinary rendition. As pointed out by US psychologist Jeff Kaye who has worked extensively with torture victims, a new UN Committee Against Torture (UNCAT) review of the manual shows that a wide-range of torture techniques continue to be deployed by the US government, including isolation, sensory deprivation, stress positions, chemically-induced psychosis, adjustments of environmental and dietary rules, among others.

Indeed, the revelations contained in the Senate report are a mere fraction of the totality of torture techniques deployed by the CIA and other agencies. Murat Kurnaz, a Turkish citizen born and raised in Germany who was detained in Guantanomo for five years, has charged that he had been subjected to prolonged solitary confinement, repeated beatings, water-dunking, electric shock treatment, and suspension by his arms, by US forces.

On Jan. 22, 2009, retired Admiral Dennis Blair, then Obama’s director of national intelligence, told the Senate intelligence committee that the Army Field Manual would be amended to allow new forms of harsh interrogation, but that these changes would remain classified:

“We have large amounts of unclassified  doctrine for our troops to use, but we don’t put anything in there that our enemies can use against us. And we’ll figure it out for this manual… there will be some sort of  document that’s widely available in an unclassified form, but  the specific techniques that can provide training value to  adversaries, we will handle much more carefully.”

Obama’s supposed banning of the CIA’s secret rendition programs was also a misnomer. While White House officials insisted that from now on, detainees would not be rendered to “any country that engages in torture,” rendered detainees were already being sent to countries in the EU that purportedly do not sanction torture, where they were then tortured by the CIA.

Obama did not really ban the CIA’s use of secret prisons either, permitting indefinite detention of people without due process “on a short-term transitory basis.”

Half a century of torture as a system

What we are seeing now is not the Obama administration putting an end to torture, but rather putting an end to the open acknowledgement of the use of torture as a routine intelligence practice.

But the ways of old illustrate that we should not be shocked by the latest revelations. Declassified CIA training manuals from the 1960s, ’70s, ’80s and ’90s, prove that the CIA has consistently practiced torture long before the Bush administration attempted to legitimize the practice publicly.

In his seminal study of the subject, A Question of Torture, US history professor Alfred W. McCoy of the University of Wisconsin-Madison proves using official documents and interviews with intelligence sources that the use of torture has been a systematic practice of US and British intelligence agencies, sanctioned at the highest levels, over “the past half century.” Since the second World War, he writes, a “distinctive US covert-warfare doctrine… in which psychological torture has emerged as a central if clandestine facet of American foreign policy.”

The psychological paradigm deployed the CIA fused two methods in particular, “sensory disorientation” and so-called “self-inflicted pain.” These methods were based on intensive “behavioural research that made psychological torture NATO’s secret weapon against communism and cognitive science the handmaiden of state security.”

“From 1950 to 1962,” McCoy found, “the CIA became involved in torture through a massive mind-control effort, with psychological warfare and secret research into human consciousness that reached a cost of a billion dollars annually.”

The pinnacle of this effort was the CIA’s Kubark Counterintelligence Interrogation handbook finalized in 1963, which determined the agency’s interrogation methods around the world. In the ensuing decade, the agency trained over a million police officers across 47 countries in torture. A later incarnation of the CIA torture training doctrine emerged under Freedom of Information in the form of the 1983 Human Resources Training Exploitation Manual.

Power… and propaganda

One of the critical findings of the Senate report is that torture simply doesn’t work, and consistently fails to produce meaningful intelligence. So why insist on its use? For McCoy, the addiction to torture itself is a symptom of a deep-seated psychological disorder, rather than a rational imperative: “In sum, the powerful often turn to torture in times of crisis, not because it works but because it salves their fears and insecurities with the psychic balm of empowerment.”

He is right, but in the post-9/11 era, there is more to the national security apparatus’ chronic torture addiction than this. It is not a mere accident that torture generates vacuous intelligence, yet continues to be used and justified for intelligence purposes. For instance, the CIA claimed that its torture of alleged 9/11 mastermind Khalid Sheikh Mohammed (KSM) led to the discovery and thwarting of a plot to hijack civilian planes at Heathrow and crash them into the airport and buildings in Canary Wharf. The entire plot, however, was an invention provoked by torture that included waterboarding, “facial and abdominal slaps, the facial grab, stress positions, standing sleep deprivation” and “rectal rehydration.”

As one former senior CIA official who had read all KSM’s interrogation reports told Vanity Fair, “90 percent of it was total fucking bullshit.” Another ex-Pentagon analyst said that torturing KSM had produced “no actionable intelligence.”

Torture also played a key role in the much-hyped London ricin plot. Algerian security services alerted British intelligence in January 2003 to the so-called plot after interrogating and torturing a “terrorist suspect,” former British resident Mohammed Meguerba. We now know there was no plot. Four of the defendants were acquitted of terrorism and four others had the cases against them abandoned. Only Kamal Bourgass was convicted after he murdered Special Branch Detective Constable Stephen Oake during a raid. Former British ambassador to Uzbekistan, Craig Murray, has also blown the whistle on how the CIA would render “terror suspects” to the country to be tortured by Uzbek secret police, including being boiled alive. The confessions generated would be sent to the CIA and MI6 to be fed into “intelligence” reports. Murray described the reports as “bollocks,” replete with false information not worth the “bloodstained paper” they were written on.

Many are unaware that the 9/11 Commission report is exactly such a document. Nearly a third of the report’s footnotes reference information obtained from detainees subject to “enhanced” interrogation by the CIA. In 2004, the commission demanded that the CIA conduct “new rounds of interrogations” to get answers to its questions. As investigative reporter Philip Shennon pointed out in Newsweek, this has “troubling implications for the credibility of the commission’s final report” and “its account of the 9/11 plot and al-Qaeda’s history.” Which is why lawyers for the chief 9/11 mastermind suspects now say after the release of the Senate report that the case for prosecution may well unravel.

That torture generates false information has long been known to the intelligence community. Much of the CIA’s techniques are derived from reverse-engineering Survival Evasion Resistance and Escape (SERE) training, where US troops are briefly exposed in controlled settings to abusive interrogation techniques used by enemy forces, so that they can better resist treatment they might face if they are captured. SERE training, however, adopted tactics used by Chinese Communists against American soldiers during the Korean War for the purpose of eliciting false confessions for propaganda purposes, according to a Senate Armed Services Committee report in 2009.

Torture: core mechanism to legitimize threat projection

By deploying the same techniques, the intelligence community was not seeking to identify real threats; it was seeking to manufacture threats for the purpose of justifying war. As David Rose found after interviewing “numerous counterterrorist officials from agencies on both sides of the Atlantic,” their unanimous verdict was that “coercive methods” had squandered massive resources to manufacture “false leads, chimerical plots, and unnecessary safety alerts.” Far from exposing any deadly plots, torture led only to “more torture” of supposed accomplices of terror suspects “while also providing some misleading ‘information’ that boosted the administration’s argument for invading Iraq.” But the Iraq War was not about responding to terrorism. According to declassified British Foreign Office files, it was about securing control over Persian Gulf oil and gas resources, and opening them up to global markets to avert a portended energy crisis.

In other words, torture plays a pivotal role in the Pentagon’s posture of permanent global war: generating spurious overblown intelligence that can be fed-in to official security narratives of imminent terrorist threats everywhere, in turn requiring evermore empowerment of the security agencies, and legitimizing military expansionism in strategic regions.

The Obama administration is now exploiting the new Senate report to convince the world that the intelligence community’s systematic embroilment in torture was merely a Bush-era aberration that is now safely in the past.

Do not be fooled. Obama has rehabilitated and recalibrated the covert torture apparatus, and is attempting to leverage the torture report’s damning findings to claim moral high ground his administration doesn’t have. The torture regime is alive and well, but it has been put back in the box of classified secrecy to continue without public scrutiny.

Nafeez Ahmed is an investigative journalist, author and international security scholar. He writes the System Shift column for VICE’s Motherboard, and is the winner of a 2015 Project Censored Award for Outstanding Investigative Journalism for his former work at the Guardian. He is the author of A User’s Guide to the Crisis of Civilization: And How to Save It (2010), and the scifi thriller novel Zero Point, among other books. 

 

The Torture Architects December 8, 2014

Posted by rogerhollander in Dick Cheney, George W. Bush, Torture.
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Roger’s note: The Senate Committee’s torture report is about to be released, possibly tomorrow.  Bush and the CIA already are waging a campaign to discredit it, so we can assume it will speak at least a degree of truth to the brutal Bush/Cheney torture regime.  What we can also, unfortunately, assume is that those responsible for those legal and moral crimes against humanity, will not soon if ever be brought to justice.

If you click on this link immediately below, you will see the complete Interactive Infographic that identifies all the major criminals, beginning with then President Bush, and by clicking on each one you can read the part they played in this infamy.  Please note that President Obama and U.S. Attorney General Eric Holder, both sworn to uphold the Constitution, are as well legally and morally complicit in these crimes for their failure to do their sworn duty, that is, to prosecute the criminals.

https://www.aclu.org/national-security/infographic-torture-architects?iframe=1

 

white_house_torture

Report: Senate Report on CIA Will Sidestep Look at Bush ‘Torture Team’ October 19, 2014

Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Dick Cheney, George W. Bush, Human Rights, Torture, War on Terror.
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Roger’s note: The United States government and military violate international law on a daily basis; the Bush/Cheney torture regime, which Obama has outsourced to Bagram and god knows where else, is one of its most blatant manifestations.  Obama’s “we need to look forward not backward” excuse for violating his oath to defend the constitution does credit to Lewis Carroll and Franz Kafka.  The next time you are before a judge accused of a crime, please remind her that it is time to look forward and not backward.  Your charges are sure to be dropped.

 

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According to sources who spoke with McClatchy, five-year inquiry into agency’s torture regime ignores key role played by Bush administration officials who authorized the abuse

 rumsfeld_bush_cheneyFrom left: Donald Rumsfeld, George W. Bush, and Dick Cheney. Thanks to an Obama adminstration that insisted on “looking forward, not backward” on torture, and a Senate investigation that has limited its scope to the mere “action or inactions” of the CIA, neither these men nor the others who helped authorize the torture program will likely ever face prosecution for what experts say were clear violations of domestic and international law. (Photo: Wikimedia/Public domain)

According to new reporting by McClatchy, the five-year investigation led by the U.S. Senate Intelligence Committee into the torture program conducted by the CIA in the aftermath of September 11, 2001 will largely ignore the role played by high-level Bush administration officials, including those on the White House legal team who penned memos that ultimately paved the way for the torture’s authorization.

Though President Obama has repeatedly been criticized for not conducting or allowing a full review of the torture that occured during his predecessor’s tenure, the Senate report—which has been completed, but not released—has repeatedly been cited by lawmakers and the White House as the definitive examination of those policies and practices. According to those with knowledge of the report who spoke with McClatchy, however, the review has quite definite limitations.

The report, one person who was not authorized to discuss it told McClatchy, “does not look at the Bush administration’s lawyers to see if they were trying to literally do an end run around justice and the law.” Instead, the focus is on the actions and inations of the CIA and whether or not they fully informed Congress about those activities. “It’s not about the president,” the person said. “It’s not about criminal liability.”

Responding to comment on the reporting, legal experts and critics of the Bush torture program expressed disappointment that high-level officials in the administration were not part of the review. In addition to the president himself, Vice President Dick Cheney, National Security Advisor Condoleeza Rice and Secretary of Defense Donald Rumsfeld, others considered part of what it sometimes referred to as the “Torture Team,” include: Alberto Gonzales, a former White House counsel and attorney general; David Addington, former vice-president Dick Cheney’s chief of staff; Douglas Feith, who was under-secretary of defence; William Haynes, formerly the Pentagon’s general counsel; and John Yoo and Jay Bybee, who wrote many of the specific legal memos authorizing specific forms of abuse.

“If it’s the case that the report doesn’t really delve into the White House role, then that’s a pretty serious indictment of the report,” Elizabeth Goitein, the co-director of the Brennan Center for Justice’s Liberty and National Security Program at the New York University Law School, said to McClatchy. “Ideally it should come to some sort of conclusions on whether there were legal violations and if so, who was responsible.”

And Kenneth Roth, executive director of Human Rights Watch, indicated that limiting the report to just the actions of the CIA doesn’t make much sense from a legal or investigative standpoint. “It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction. It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”

As Mclatchy‘s Jonathan S. Landay, Ali Watkins and Marisa Taylor report:

The narrow parameters of the inquiry apparently were structured to secure the support of the committee’s minority Republicans. But the Republicans withdrew only months into the inquiry, and several experts said that the parameters were sufficiently flexible to have allowed an examination of the roles Bush, Cheney and other top administration officials played in a top-secret program that could only have been ordered by the president.

“It doesn’t take much creativity to include senior Bush officials in the Senate Intelligence Committee’s jurisdiction,” said Kenneth Roth, executive director of Human Rights Watch. “It’s not hard to link an investigation into the CIA’s torture to the senior officials who authorized it. That’s not a stretch at all.”

It’s not as if there wasn’t evidence that Bush and his top national security lieutenants were directly involved in the program’s creation and operation.

The Senate Armed Services Committee concluded in a 2008 report on detainee mistreatment by the Defense Department that Bush opened the way in February 2002 by denying al Qaida and Taliban detainees the protection of an international ban against torture.

White House officials also participated in discussions and reviewed specific CIA interrogation techniques in 2002 and 2003, the public version of the Senate Armed Services Committee report concluded.

Several unofficial accounts published as far back as 2008 offered greater detail.

Cheney and Defense Secretary Donald Rumsfeld relentlessly pressured interrogators to subject detainees to harsh interrogation methods in part to find evidence of cooperation between al Qaida and the late Iraqi dictator Saddam Hussein, McClatchy reported in April 2009. Such evidence, which was non-existent, would have substantiated one of Bush’s main arguments for invading Iraq in 2003.

Other accounts described how Cheney, Rumsfeld, National Security Adviser Condoleezza Rice, Attorney General John Ashcroft, and Secretary of State Colin Powell approved specific harsh interrogation techniques. George Tenet, then the CIA director, also reportedly updated them on the results.

“Why are we talking about this in the White House? History will not judge this kindly,” Ashcroft said after one of dozens of meetings on the program, ABC News reported in April 2008 in a story about the White House’s direct oversight of interrogations.

News reports also chronicled the involvement of top White House and Justice Department officials in fashioning a legal rationale giving Bush the authority to override U.S. and international laws prohibiting torture. They also helped craft opinions that effectively legalized the CIA’s use of waterboarding, wall-slamming and sleep deprivation.

Though President Obama casually admitted earlier this, “We tortured some folks.” — what most critics and human rights experts have requested is an open and unbiased review of the full spectrum of the U.S. torture program under President Bush. And though increasingly unlikely, calls remain for those responsible for authorizing and conducting the abuse to be held accountable with indictments, trials, and if guilty, jail sentences. In addition, as a letter earlier this year signed by ten victims of the extrajudicial rendition under the Bush administration stated, the concept of full disclosure and accountability is key to restoring the credibility of the nation when it comes to human rights abuses:

Publishing the truth is not just important for the US’s standing in the world. It is a necessary part of correcting America’s own history. Today in America, the architects of the torture program declare on television they did the right thing. High-profile politicians tell assembled Americans that ‘waterboarding’ is a ‘baptism’ that American forces should still engage in.

These statements only breed hatred and intolerance. This is a moment when America can move away from all that, but only if her people are not sheltered from the truth.

As McClatchy notes, a redacted version of the report’s summary—the only part of it expected to be released to the public—continues to be under review. Its release date remains unclear.

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

Posted by rogerhollander in Human Rights, Torture.
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Roger

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

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

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

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

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

From the Post:

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

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

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

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

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

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

As the Huffington Post‘s Jack Mirkinson points out:

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

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

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

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

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

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

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

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Rendition Victims Urge Obama to Declassify Senate Torture Report

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

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

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

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

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

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

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

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

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

Publishing the truth is not just important for the US’s standing in the world. It is a necessary part of correcting America’s own history. Today in America, the architects of the torture program declare on television they did the right thing. High-profile politicians tell assembled Americans that ‘waterboarding’ is a ‘baptism’ that American forces should still engage in.

These statements only breed hatred and intolerance. This is a moment when America can move away from all that, but only if her people are not sheltered from the truth.

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

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

The Guardian reports:

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

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

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

White House Censoring What US Public Can Know About Torture Program July 31, 2014

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Roger’s note: What jumps out here for me, if for no one else, is that Scahill characterizes Obama’s decision to give a free pass to the Bush/Cheney torture regime as a “survival decision.”  Several years ago, the head of the University of California’s Boalt Law School, who had served on Obama’s original transition team, reported that the decision to ignore the law and the constitution was based on two considerations: one, that it would provoke the Republicans in Congress to be obstructionist (which, of course, they have been in any case LOL); and two, most importantly, to protect the president from assassination.  This report has been universally ignored.  But what does it tell us?  Nothing less than the fact that it is the CIA (along with the Pentagon and other military and spying agencies) that are the final authority and supreme power, and not the president of the United States.  Scary?

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Journalist says Obama’s “done a lot of running of defense for the CIA.”

Following news that the very same Central Intelligence Agency officials involved with the CIA torture program are being allowed access to the still classified U.S. Senate torture report, journalist Jeremy Scahill said Tuesday that “the White House, at the highest levels, is basically going through and editing what the American people can and can’t read” about the damning findings that show systematic cruelty imposed on detainees.

Senator Dianne Feinstein (D-Calif.), head of the Senate Intelligence Committee, said the 6,000-page report, the summary of which is expected to be declassified in the coming days, “exposes brutality that stands in stark contrast to our nation.” The report is said to show that the CIA impeded oversight of the torture program and misled Congress about its use.

Speaking on MSNBC’s NOW With Alex Wagner, Scahill said, “Let’s remember this is a report from one body of government, from the United States Senate, that is going to be examining this whole program.”

“And what’s essentially happening is that the White House, at the highest levels, is basically going through and editing what the American people can and can’t read in this report about one of the definitive, moral questions and legal questions of our time, the extent to which we were involved in systematic torture, with lying to lawmakers, with misleading not only Congress but the American people on a wide range of issues that resulted in our country going to war and being involved in systematic acts of torture,” he said.

Asked by host Wagner why the White House would give this special treatment to “CIA officials who may have been—who are—implicated in [torture]?” Scahill said, “It became very clear early on in the Obama presidency that he made a political decision—and it probably was a survival decision in terms of his respect at the CIA—that he was not going to prosecute individuals that were involved with the torture program. And what’s happened since then is he’s done a lot of running of defense for the CIA.”

“It would be very interesting to see Senator Obama debate President Obama on these core issues,” Scahill continued, “because when you look at the national security policy of the Obama administration, the counter-terrorism policy of the Obama administration, what you’re looking at is a very hawkish defender of some of the most egregious practices of the CIA. Not that he’s cheerleading torture—Obama’s never going to come out and say that. It’s that he’s protecting the very people who built this infrastructure, so he’s co-signed the Bush administration’s program by refusing to have any effective accountability be possible from one other branch of government. The Senate is not allowed to investigate this thoroughly.”

New York Times reporter Mark Mazzetti, who also appeared in the segment, told Wagner that the access would allow the officials like former CIA head George Tenet to prepare a “rebuttal” to the report.

Senators Ron Wyden (D-Ore.) and Mark Udall (D-Colo.) said this week that they were considering the use of a special rule to bring the torture report findings to the public eye.

‘Time for a Reckoning': UN Investigator says US/UK Must Account for Torture, Human Rights Violation March 5, 2013

Posted by rogerhollander in Barack Obama, Dick Cheney, George W. Bush, Human Rights, Torture, Uncategorized, War on Terror.
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Roger’s note: “Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.”  The mind boggles at this statement, which was the classic Nazi defense  (not to mention the classic “Nixon Defense:” if the president does it, it is legal).  It is as if Nuremberg never happened.  
Published on Tuesday, March 5, 2013 by Common Dreams

‘Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow,’ says Ben Emmerson’

- Jon Queally, staff writer

If the US and UK governments truly want to rebuke the role that kidnapping, torture and prolonged detention without trial played—and in some cases continues to play—in their declared “war against terrorism” than they must go beyond words and release the still disclosed internal reports that document such abuses.

Ben Emmerson: failure to release intelligence reports shows seeming unwillingness by UK and US to face up to international crimes. Photograph: Sarah Lee for the Guardian

That’s the argument of Ben Emmerson, the UN special rapporteur on the promotion and protection of human rights while countering terrorism, who spoke out on Monday against the secrecy and denial that persists within both governments.

Perpetrators and architects of such programs should be held accountable and face justice, he declared in both an official report and in a speech delivered Monday.

“Despite this clear repudiation of the unlawful actions carried out by the Bush-era CIA, many of the facts remain classified, and no public official has so far been brought to justice in the United States,” Emmerson writes in the report written for the the U.N. Human Rights Council, which he will present Tuesday.

Prefacing the report in Geneva on Monday, Emmerson criticized “a policy of de facto immunity for public officials who engaged in acts of torture, rendition and secret detention, and their superiors and political masters who authorized these acts.”

Citing the hypocrisy of such secrecy and the damage done to the reputation of both countries abroad, Emmerson continued:

“Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow to many in those parts of the Middle East and North Africa that have undergone, or are undergoing, major upheaval, since they have first-hand experience of living under repressive regimes that used torture in private whilst making similar statements in public.”

“The scepticism of these communities can only be reinforced if western governments continue to demonstrate resolute indifference to the crimes committed by their predecessor administrations.”

Shortly before the speech in Geneva, Emmerson told the Guardian it was time for “a reckoning with the past”. He added:

“In South America it took up to 30 years before the officials responsible for crimes like these were held fully accountable. With the conspiracy organised by ther Bush-era CIA it has taken a decade, but the campaign for securing the right to truth has now reached a critical point.

“The British and American governments are sitting on reports that reveal the extent of the involvement of former governments in these crimes. If William Hague is serious about pursuing a policy of ethical counter-terrorism, as he says he is, then the first thing the British government needs to do is to release the interim report of the Gibson Inquiry immediately.”

And Reuters adds:

Emmerson, an international lawyer from Britain, has served since August 2011 in the independent post set up by the U.N. Human Rights Council in 2005 to probe human rights violations committed during counter-terrorism operations worldwide.

The “war on terror” waged by Bush after al Qaeda attacks on the United States on September 11, 2001 led to “gross or systematic” violations involving secret prisons for Islamic militant suspects, clandestine transfers and torture, Emmerson said.

Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.

But Emmerson said that using a “superior orders defense” and invoking secrecy on national security grounds was “perpetuating impunity for the public officials implicated in these crimes”.

CIA Torture Whistleblower Sentenced to 30 Months January 26, 2013

Posted by rogerhollander in Barack Obama, Criminal Justice, Democracy, Torture.
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Roger’s note: the Obama administration knows no shame.  Our articulate, intelligent, urbane and witty president, by protecting the Bush torture regime in violation of his oath to defend the constitution, makes himself complicit in the torture; and inconvenient truth for those Obama fans.
Published on Friday, January 25, 2013 by Common Dreams

Sentencing exemplifies the ‘second McCarthy era’ against US whistleblowers by the Obama administration

- Jacob Chamberlain, staff writer

CIA whistleblower John Kiriakou was sentenced to 2 ½ years in prison on Friday for what critics of his prosecution are calling trumped-up charges by the Department of Justice for his exposure of the spy agency’s torture program established by the former Bush administration.

 

(Associated Press)

 

In a letter urging President Barack Obama to pardon the whistleblower, several high profile civil rights defenders including Ralph Nader and retired CIA officer Raymond McGovern stated:

[Kiriakou] is an anti-torture whistleblower who spoke out against torture because he believed it violated his oath to the Constitution. He never tortured anyone, yet he is the only individual to be prosecuted in relation to the torture program of the past decade. […]

The interrogators who tortured prisoners, the officials who gave the orders, the attorneys who authored the torture memos, and the CIA officers who destroyed the interrogation tapes have not been held professionally accountable.

Please, Mr. President, do not allow your legacy to be one where only the whistleblower goes to prison.

“He [was] prosecuted not by the Bush administration but by Obama’s,” added Robert Shetterly, an artist and activist who pointed to the fact that President Obama has prosecuted more whistleblowers than all other presidents combined, despite pledges during his first presidential campaign to protect whistleblowers.

“The CIA leadership was furious that I blew the whistle on torture and the Justice Department never stopped investigating me…” – John Kiriakou

Such protections, then Senator Obama said, were vital “to maintain integrity in government.”

In October, Kiriakou was charged by the DoJ for violating the Intelligence Identities Protection Act (IIPA) for releasing the name of an officer implicated in a CIA torture program to the media. Federal prosecutors had originally charged Kiriakou for violations against the Espionage Act—which held a sentence of up to 35 years—but a plea agreement saw those charges lessened.

Kiriakou was the first employee of the CIA to publicly acknowledge and describe details of the  torture program that thrived under the Bush administration.

“There is a legal definition of whistleblower and I meet that legal definition,” Kiriakou told Firedoglake in an interview Thursday.

He continued:

I was the first person to acknowledge that the CIA was using waterboarding against al Qaeda prisoners. I said in 2007 that I regarded waterboarding as torture and I also said that it was not the result of rogue CIA officers but that it was official US government policy. So, that’s whistleblowing. That’s the definition of whistleblowing. […]

The CIA leadership was furious that I blew the whistle on torture and the Justice Department never stopped investigating me from December 2007…They found their opportunity and threw in a bunch of trumped up charges they knew they could bargain away and finally found something with which to prosecute me. […]

I don’t think I am overstating this when I say I feel like we’re entering a second McCarthy era where the Justice Department uses the law as a fist or as a hammer not just to try and convict people but to ruin them personally and professionally because they don’t like where they stand on different issues… they can convict anybody of anything if they put their minds to it.

On the eve of the sentencing, Americans Who Tell the Truth and the Government Accountability Project unveiled a portrait of Kiriakou by Shetterly, the latest in the AWTT portrait series.  Kiriakou was heralded for his opposition to “this country’s flagrant use of torture and its attempt to justify that use.”

 

The Torture Chronicle December 24, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture.
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Roger’s note: Here it is Christmas Eve, 2012, and I am posting yet another article on torture.  Our shameless president may have chosen to “look forward, not backwards” when it comes to prosecuting those responsible for these high crimes.  I for one cannot forget them, nor can I forget the fact that the United States government continues to sow death and destruction around the globe.

By (about the author)
OpEdNews Op Eds 12/23/2012 at 19:46:40

A classified Senate Intelligence Committee report shows the futility of “enhanced interrogation techniques.” 

If there is one word missing from the United States government’s post-9/11 lexicon it is “accountability.” While perfectly legal though illicit sexual encounters apparently continue to rise to the level of high crimes and misdemeanors, leading to resignations, no one has been punished for malfeasance, torture, secret prisons, or extraordinary renditions.

Indeed, the Obama administration stated in 2009 that it would not punish CIA torturers because it prefers to “look forward and not back,” a decision not to prosecute that was recently confirmed by Attorney General Eric Holder in two cases involving the deaths of detainees after particularly brutal Agency interrogations. What the White House decision almost certainly means is that the president would prefer to avoid a tussle with the Republicans in congress over national security that would inevitably reveal a great deal of dirty laundry belonging to both parties.

The bipartisan willingness to avoid confrontation over possible war crimes makes the recently completed 6,000 page long Senate Intelligence Committee report on CIA torture an extraordinary document. Though it is still classified and might well never see the light of day even in any sanitized or bowdlerized form, its principal conclusions have been leaking out in the media over the past two weeks. It directly addresses the principal argument that has been made by Bush administration devotees and continues to be advanced regarding the CIA torture agenda:  that vital information obtained by “enhanced interrogation techniques” led to the killing of Osama bin Laden. According to the report, no information obtained by torture was critical to the eventual assassination of the al-Qaeda leader, nor has it been found to be an indispensable element in any of the other terrorism cases that were examined by the Senate committee.

What exactly does that mean? It means that torture, far from being an essential tool in the counter-terrorism effort, has not provided information that could not be obtained elsewhere and using less coercive methods. Senator Diane Feinstein, who sits on the Senate Intelligence Committee and has had access to the entire classified document, elaborated, explaining that the investigation carried out by the Senate included every detainee held by CIA, examining “the conditions under which they were detained, how they were interrogated, the intelligence they actually provided and the accuracy or inaccuracy of CIA descriptions about the program to the White House, Department of Justice, Congress and others.” It “uncovers startling details about the CIA detention and interrogation program…” The report has 35,000 footnotes and investigators perused 6 million pages of official records, which is why it has taken more than two years to produce.

The Senate inquiry’s conclusions inevitably lead to the assumption that there has been a whole lot of lying and obfuscation going on in connection with the so-called war on terror. To recap major developments, 9/11 unleashed a counter-offensive by the CIA’s Counter Terrorism Center (CTC), which was at the time headed by Cofer “the gloves come off” Black. Secret prisons were established in Europe and Asia, torture was used extensively in the interrogation of suspects, and some detainees were shipped off to friendly intelligence services in places like Egypt for even more aggressive questioning. This was referred to as rendition. Some suspects were snatched off the streets in European and Asian cities before being rendered.

The Justice Department gave its approval for the harsh interrogation techniques in a notorious secret memo drafted by John Yoo and Jay Bybee in 2005 only months after a 2004 public statement in which the selfsame Justice Department declared that torture would not be acceptable. On October 5, 2007, President George W. Bush restated the official position, “This government does not torture people. We stick to U.S. law and our international obligations.”  But he also contradicted himself, elaborating that his administration’s interrogation methods included questioning carried out by “highly-trained professionals.” He explained, “When we find somebody who may have information regarding an attack on America, and you bet we’re going to detain them, you bet we’re going to question them. The American people expect us to find out information, this actionable intelligence, so we can help protect them. That’s our job.”

Since that time the issue of torture itself has become an ideological abstraction, with the neoconservatives, many Republicans, and even some conservative Democrats reflexively supporting it. It has also frequently been debated in the intelligence community. There are undeniably some who believe that all terrorist suspects should be tortured even unto death to tell what they know, but an increasing number of former intelligence officers have expressed doubts over the efficacy of the procedure, a conclusion that is now supported by the Senate findings.

To cite one example of what torture can produce, prominent al-Qaeda figure Khaled Sheikh Mohammed, commonly referred to as KSM, was arrested in 2003 in Pakistan was reportedly water-boarded 183 times and “broken” by his CIA interrogators. He subsequently confessed to being involved in virtually every terrorist act carried out in the previous 20 years, including 9/11, the beheading of journalist Daniel Pearl, and the bombing of the destroyer USS Cole. He clearly was not actually involved in many of the incidents, but he was willing to admit to anything.

There are also other good reasons to oppose torture and torture by proxy through CIA rendition. Most people and governments worldwide believe that torture is immoral, a view that is generally shared by most Americans. Legally there is also a long tradition condemning torture. German and Japanese officers were executed after the Second World War for torturing prisoners and the principle was firmly established that torture, specifically including waterboarding, is a war crime. The US is signatory to the UN’s anti-torture convention, and both the United States Code and specific acts of congress require prosecution of any government employee engaging in such activity. In practical terms, torture also opens up a door that should never be opened by anyone who genuinely cares about US soldiers, diplomats, and intelligence officers stationed at their peril around the world. To put it succinctly, if we do it to them, they will do it to us.

Mistakes are inevitable when one accepts that it is okay to break the rules in favor of more coercive interrogation. To cite one example of how intelligence operations can go wrong, on December 13, the European Court of Human Rights ruled that the United States kidnapped German citizen Khaled el-Masri and he was taken to an airport where he was “Severely beaten, sodomized, shackled and hooded” before being sent on to Afghanistan for more of the same. It turned out to be a case of mistaken identity while subsequent attempts to obtain recompense through the US courts were blocked by the Obama administration, which claimed state secrets privilege.

Another well-documented rendition case, of Canadian citizen Maher Arar, consigned an innocent man to torture in Syria. Yet another rendition, of Milan-based Muslim cleric Abu Omar turned into a prime example of an intelligence operation designed by Monty Python, employing a cast of hundreds at a cost of many millions of dollars. It continues to play out in the Italian courts. Abu Omar was tortured in Egypt and eventually released when it turned out that he had no information of value.

Torture advocates have assiduously cultivated a number of myths, most prominent of which is the “ticking time bomb.” This is a particular favorite of the redoubtable Alan Dershowitz and a number of prominent neocons. It goes like this — a terrorist is captured who has knowledge of an impending attack on a major civilian target, but he won’t cooperate. How to get the information?  Simple. Get an accommodating judge to issue a legal finding that enables you to torture him until he talks, thereby saving lives of innocent civilians.

The only problem with the Dershowitz narrative is that there has never been an actual ticking time bomb. No terrorist has ever been captured, subjected to torture, and provided information that foiled an attack, not even in Israel where routine torture of suspected terrorists captured in flagrante used to be the case (but is now illegal). Advocating a policy of torture, with all that entails, based on a “what if” is fighting evil with more evil, not a solution.

Torture brutalizes and degrades the individual carrying it out, the organization he or she represents, and the government that approves of the practice. The Senate committee report should finally put paid to the arguments being made that it is a reliable interrogation tool, but there still remains the question of accountability. A recent book by Jose A. Rodriguez, who approved and oversaw the CIA torture regime while he served as head of the Counter Terrorism Center and later as Deputy Director of the Clandestine Services, demonstrates that there are still zealots who believe in “extreme measures” in spite of any evidence presented to the contrary. The book is entitled “Hard Measures: How Aggressive CIA Actions after 9/11 Saved American Lives.” Well, apparently that is just not true and perhaps Jose owes the surviving victims of “hard measures” an apology.

 

http://www.councilforthenationalinterest.org

Philip Giraldi is the executive director of the Council for the National  Interest and a recognized authority on international security and  counterterrorism issues. He is a former CIA counter-terrorism specialist and military intelligence officer who served eighteen years overseas in Turkey, Italy, Germany, and Spain. Mr.  Giraldi was awarded an MA and PhD from the University of London in  European History and holds a Bachelor of Arts with Honors from the  University of Chicago. He speaks Spanish, Italian, German, and Turkish. His columns on terrorism, intelligence, and security issues regularly appear in The American Conservative magazine, Huffington Post, and antiwar.com. He has written op-ed pieces for the Hearst Newspaper chain, has  appeared on “Good Morning America,” MSNBC, National Public Radio, and  local affiliates of ABC television. He has been a keynote speaker at the Petroleum Industry Security Council annual meeting, has spoken twice at the American Conservative Union’s annual CPAC convention in Washington, and has addressed several World Affairs Council affiliates. He has been interviewed by the Canadian Broadcasting Corporation, the British  Broadcasting Corporation, Britain’s Independent Television Network, FOX  News, Polish National Television, Croatian National Television,  al-Jazeera, al-Arabiya, 60 Minutes, and other international and domestic broadcasters.

Accountability for Bush’s Torture November 30, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Dick Cheney, George W. Bush, Human Rights, Torture.
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Roger’s note: the United States government has a long history of disgraceful behavior, and the Bush/Cheney torture regime is one of the most heinous.  We need to be constantly reminded, and we need to acknowledge that the Obama government’s disregard of its constitutional obligation to prosecute constitutes legal and moral complicity.

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

opednews.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

US: Rights Groups Denounce Dropping of CIA Torture Cases September 2, 2012

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
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Roger’s note: when Obama made that ridiculous and inane statement, I posted here an article entitled “Looking forward not backward code for no justice.”  Next time you commit a crime and are put on trial, just tell the judge that it is time to look forward and not backward.  Refer to the brilliant opinion of that constitutional law scholar who is the current president of the United States.  The charges against you are sure to be dropped.
 
Published on Saturday, September 1, 2012 by Inter Press Service

 

by Jim Lobe

WASHINGTON – U.S. human rights groups have roundly condemned Thursday’s announcement by Attorney General Eric Holder that the Justice Department will not pursue prosecutions of Central Intelligence Agency (CIA) officers who may have been responsible for the deaths of two prisoners in their custody.

 Rights groups denounced the decision not to pursue prosecutions of CIA officers who may have been responsible for the deaths of two prisoners in their custody. (Credit: Fahim Siddiqi/IPS)

The announcement appeared to mark the end of all efforts by the U.S. government to hold CIA interrogators accountable for torture and mistreating prisoners detained during the so-called “Global War on Terror” launched shortly after the Al Qaeda attacks on Sep. 11, 2001.

For rights activists and for supporters of President Barack Obama, it was the latest in a series of disappointing decisions, including the failure to close the detention facility at the U.S. base in Guantanamo, Cuba. They had hoped Obama would not only end the excesses of President George W. Bush’s prosecution of the war, but also conduct a full investigation of those excesses, if not prosecute those responsible.

“This is truly a disastrous development,” said Laura Pitter, counter-terrorism advisor at Human Rights Watch (HRW). “To now have no accountability whatsoever for any of the CIA abuses for which there are now mountains of evidence is just appalling.”

“It completely undermines the U.S.’s ability to have any credibility on any of these issues in other countries, even as it calls for other countries to account for abuses and prosecute cases of torture and mistreatment,” she told IPS.

“Continuing impunity threatens to undermine the universally recognised prohibition on torture and other abusive treatment and sends the dangerous signal to government officials that there will be no consequences for their use of torture and other cruelty,” noted Jameel Jaffar, deputy legal director of the American Civil Liberties Union (ACLU).

“Today’s decision not to file charges against individuals who tortured prisoners to death is yet another entry in what is already a shameful record.”

In his announcement, Holder suggested that crimes were indeed committed in the two cases that were being investigated by Assistant U.S. Attorney John Durham but that convictions were unlikely.

“Based on the fully developed factual record concerning the two deaths, the department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt,” he said.

The two deaths took place at a secret CIA detention facility known as the Salt Pit in Afghanistan in 2002 and at the notorious Abu Ghraib prison the following year. The victims have been identified as Gul Rahman, a suspected Taliban militant, and Manadel Al-Jamadi, an alleged Iraqi insurgent.

The two were the last reviewed by Durham, who had originally been tasked by Bush’s attorney general, Michael Mukasey, in 2008 with conducting a criminal investigation into CIA interrogators’ use of “waterboarding” against detainees and the apparently intentional destruction of interrogation videotapes that recorded those sessions.

In August 2009, Holder expanded Durham’s mandate to include 101 cases of alleged mistreatment by CIA interrogators of detainees held abroad to determine whether any of them may be liable to prosecution.

At the time, he also stressed that he would not prosecute anyone who acted in good faith and within the scope of the controversial legal guidance given by the Bush administration regarding possible “enhanced interrogation” techniques that could be used against detainees.

Such techniques, which include waterboarding, the use of stress positions and extreme heat and cold, are widely considered torture by human rights groups and international legal experts. As such, they violate the U.N. Convention Against Torture (CAT), as well as the Geneva Conventions and a 1996 U.S. federal law against torture.

Holder’s position was consistent with Obama’s statement, which human rights groups also strongly criticised, shortly after taking office in 2009 that he did not want CIA officials to “suddenly feel like they’ve got to spend all their time looking over their shoulders and lawyering” to escape prosecution and that he preferred “to look forward as opposed to…backwards”.

In his first days in office, Obama ordered all secret CIA detention facilities closed and banned the enhanced techniques authorised by his predecessor.

In late 2010, Durham announced that he would not pursue criminal charges related to the destruction of the CIA videotapes. Seven months later, he recommended that, of the 101 cases of alleged CIA abuse referred to him, only two warranted full criminal investigations in which CIA officers had allegedly exceeded the Bush administration’s guidelines for permissible interrogation techniques.

Now that Holder and Durham have concluded that prosecutions of the individuals involved are unlikely to result in convictions, it appears certain that no CIA officer will be prosecuted in a U.S. jurisdiction. Prosecutions of Bush officials responsible for authorising the “enhanced interrogation” techniques have also been ruled out.

In 2006, a private contractor for the CIA was successfully prosecuted and sentenced to six years in prison for beating an Afghan detainee to death three years before.

Some commentators suggested that these decisions, including the dropping of the two remaining cases, have been motivated primarily by political considerations. Indeed, HRW director Kenneth Roth wrote in an op-ed last year that “dredging up the crimes of the previous administration was seen as too distracting and too antagonistic an enterprise when Republican votes were needed”.

In a statement Thursday, the Republican chairman of the House Intelligence Committee praised Holder’s decision. Republicans protested Holder’s referral of the 101 cases to Durham in 2009.

But rights activists expressed great frustration. Holder’s announcement “is disappointing because it’s well documented that in the aftermath of 9/11, torture and abuse were widespread and systematic,” said Melina Milazzo of Human Rights First (HRF), which has been one of the most aggressive groups in investigating and publicising torture and abuse by U.S. intelligence and military personnel.

“It’s shocking that the department’s review of hundreds of instances of torture and abuse will fail to hold even one person accountable.”

Similarly, the Centre for Constitutional Rights (CCR) noted that Holder’s announcement “belies U.S. claims that it can be trusted to hold accountable Americans who have perpetrated torture and other human rights abuses”.

It said the decision “underscores the need for independent investigations elsewhere, such as the investigation in Spain, to continue”. Victims and rights groups including CCR filed criminal complaints against former Bush officials in Spanish courts in 2009, launching two separate investigations by judges there.

© 2012 IPS
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