Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture.
Tags: ann neumann, first amendment, force feeding, Guantanamo, human rights, hunger strike, inmate rights, prisoners rights, prisons, roger hollander, torture, william coleman
Roger’s note: I am not one of those who believe that American “democracy” only began to crumble with George Bush. The problem goes back a long way; 1492 is an important date. The genocide of the First Nations peoples and the regime of the enslavement of Africans did not occur under the Bush presidency (although I have no doubt he would have been a champion of both disgraces). From the Philippines to all of Latin America to the Middle East, to Africa, to Vietnam, well … to the entire globe, American economic and military hegemony has left unspeakable misery in it wake. Having said all that, and having been aware of these realities all my adult life, I continue to be shocked by the impunity in which today’s American state and federal jurisdictions openly and proudly engage in torture. The United States a Christian nation? The United States a civilized nation? Don’t make me laugh.
Published on Monday, May 6, 2013 by Waging Nonviolence
Guards from Camp 5 at Joint Task Force Guantanamo escort a detainee from his cell to a recreational facility within the camp. (Flickr/Kilho Park)
I know a hunger-striking prisoner who hasn’t eaten solid food in more than five years. He is being force-fed by the medical staff where he’s incarcerated. Starving himself, he told me during one of our biweekly phone calls last year, is the only way he has to exercise his first amendment rights and to protest his conviction. Not eating is his only available free speech act.
The prisoner has lost half his body weight and four teeth to malnutrition. He and his lawyer have gone to court to stop the force-feedings, but a judge ruled against him in March. If I asked you to guess where Coleman is being held, you’d likely say Guantánamo — “America’s offshore war-on-terror camp” — where a mass hunger strike of 100 prisoners has brought the ethics of force-feeding to American newspapers, if not American consciences. Twenty-five of those prisoners are now being manually fed with tubes.
But William Coleman is not at Guantánamo. He’s in Connecticut. The prison medical staff force-feeding him are on contract from the University of Connecticut, not the U.S. Navy. Guantánamo is not an anomaly. Prisoners — who are on U.S. soil and not an inaccessible island military base — are routinely and systematically force-fed every day.
The accounts of force-feeding coming out of Guantánamo, including Samir Naji al Hasan Moqbel’s “Gitmo is Killing Me” in The New York Times two weeks ago, are consistent with how Coleman has described the process to me — and to the Supreme Court of Connecticut.
On Oct. 23, 2008, medical staff and corrections officers first strapped Coleman at four points to a vinyl medical table and snaked a rubber tube up his nose, down his throat and into his stomach. When the tube kinked, they thought his reaction to the pain was resistance and tied him across the chest with mesh straps. They reinserted the tube and Coleman gagged as they drained Ensure, a nutrient drink, into it. He continued to gag. He bled. He vomited. He felt violated, not medically treated. Coleman is still being force-fed; sometimes the staff put a semi-permanent tube up his nose, sometimes they don’t. They no longer strap him down. He knows the staff. They are, he says, following orders.
The fact that force feedings are being discussed in the context of Guantánamo is dangerously misleading; it obscures the routine use of feeding tubes in American prisons. Other recent feeding tube cases have taken place in Washington state, Utah, Illinois and Wisconsin — all prisoners who had the resources to contest their treatment in court. No sweeping study of force-feeding has been done, so statistics on usage don’t exist. Only three states have laws against force-feeding prisoners: Florida, Georgia and California, where a hunger strike in 2011 at a facility in Pelican Bay effectively caused a court examination of prison conditions. Just this week Leroy Dorsey, who sued New York state to have his force-feedings stopped, lost his case. “Force-feeding order did not violate inmate’s rights,” the Reuters headline reads.
No matter where force-feedings take place, whether in Guantánamo or Connecticut, they are considered torture by most of the world’s medical and governing bodies. As U.N. High Commissioner for Human Rights Rupert Coville said this week about tube usage, “If it’s perceived as torture or inhuman treatment — and it’s the case, it’s painful — then it is prohibited by international law.” At The Daily Beast, Kent Sepkowitz, a doctor, writes, “Without question, [force-feeding] is the most painful procedure doctors routinely inflict on conscious patients,” and calls it “barbaric.”
In 2005, when 142 Guantánamo detainees stopped eating, their subsequent force-feedings caused 263 international doctors to write an open letter in the medical journal The Lancet that denounced the practice and called on doctors to stop participating. They wrote, “Physicians do not have to agree with the prisoner, but they must respect their informed decision.”
To little effect, the American Medical Association condemned the force feedings in 2005, 2009 and again last week, saying that “every competent patient has the right to refuse medical intervention, including life-sustaining interventions.”
Yet most media outlets continue to portray feeding tube use as a “complex ethical debate.” It’s not. Competent prisoners go on hunger strike because they have something to say and no other way to say it. Prison officials choose not to hear — and silence them with tubes. In court documents, wardens cite two primary concerns: the health of the prisoner, whose well-being they are responsible for (and for whose “suicide” they could be blamed); and prison order, including disruption of facility routine, copycat hunger strikers, and low morale among corrections officers and staff.
According to Mara Silver, who wrote about prison hunger strikes for Stanford Law Review in 2005, there is scant evidence that hunger strikers disrupt prison order. In fact, she notes, wardens often aren’t required to show proof when challenged. Consistently, routinely, wardens are deferred to in these cases.
Last week The Chicago Tribune reported that President Obama, who has not yet fulfilled a campaign promise to close Guantánamo, had courts on his side:
Most U.S. judges who have examined forced feeding in prisons have concluded that the measure may violate the rights of inmates to control their own bodies and to privacy — rights rooted in the U.S. Constitution and in common law. But they have found that the needs of operating a prison are more important.
Prisoners’ rights activists have long acknowledged courts’ reluctance to reconsider application of common law and constitutional rights to those inside. This status quo works so long as it is supported by public opinion — or public ignorance of the practice.
Hunger strikes have the power to change public opinion. This might be why the warden of Coleman’s prison has refused my request for a visit — and that of any other journalist. As the warden put it in a brief letter, they think my presence might “exacerbate” the inmate’s condition or “contribute to his detriment.” Or, perhaps, bring attention to Coleman’s case. So long as force-feeding is considered an exceptional practice, applied to less than two dozen men from foreign countries, and on foreign soil, the public and the medical community can remain ignorant of the torture within our growing domestic prison industry.
For an article on William Coleman that appeared in Guernica magazine in January, I spoke with American bioethicist Jacob Appel, who has written extensively about Coleman and feeding-tube usage in U.S. prisons. The public discourse about Guantánamo, Appel told me, had falsely assumed that torture and abuse are an exception rather than the general rule. Guantánamo, he said, “was presented as … an extraordinary set of circumstances, not an outflow of American law.”
Ann Neumann is editor of The Revealer, a publication of the Center for Religion and Media at New York University. She has written for Guernica magazine, The Nation and the New York Law Review, and has appeared on Voice of America, NY-1 News and WBAI. She teaches journalism at Drew University. Neumann blogs about religion and dying at otherspoon.blogspot.com. Follow her on Twitter at @otherspoon.
Posted by rogerhollander in Barack Obama, Criminal Justice, Health, Human Rights, Torture.
Tags: congress, Criminal Justice, detainee transfer, force feedin, force feeding, Guantanamo, guantanamo detainee, human rights, hunger strike, jacob chamberlain, jon queally, medical ethics, Obama, roger hollander, torture
U.S. President Barack Obama stated at a press conference on Tuesday that he would like to shut down the Guantanamo Bay prison but said that Congress was to blame for blockading any such action.
However, rights groups are calling Obama’s bluff, saying he actually does have the power to transfer detainees and put an end to the indefinite detention, solitary confinement, and torture inherent within the military prison—without the approval of Congress—and that he simply lacks the political courage to do so.
Obama stated Tuesday:
Now Congress determined that they would not let us close it and despite the fact that there are a number of the folks who are currently in Guantanamo who the courts have said could be returned to their country of origin or potentially a third country. . . . And so I’m going to — as I’ve said before, we’re — examine every option that we have administratively to try to deal with this issue. But ultimately, we’re also going to need some help from Congress.
In response, lawyers for Guantanamo detainees at the Center for Constitutional Rights stated, “We praise the president for re-affirming his commitment to closing the base but take issue with the impression he strives to give that it is largely up to Congress.”
Rather than waiting for Congress to make a move on Guantanamo, CCR reports Tuesday that Obama has the autonomy to take a number of actions:
- Congress is certainly responsible for imposing unprecedented restrictions on detainee transfers, but President Obama still has the power to transfer men right now. He should use the certification/waiver process created by Congress to transfer detainees, starting with the 86 men who have been cleared for release, including our client Djamel Ameziane.
- Congress may have tied one hand behind his back, but he has tied the other: he should lift his self-imposed moratorium on transfers to Yemen regardless of a detainee’s status. It’s collective punishment based on citizenship, and needs to be reevaluated now.
- President Obama should appoint a senior government official to shepherd the process of closure, and should give that person sufficient authority to resolve inter-agency disputes.
- The President must demonstrate immediate, tangible progress toward the closure of Guantanamo or the men who are on hunger strike will die, and he will be ultimately responsible for their deaths.
Likewise, the ACLU affirmed Tuesday that Obama holds certain powers to release at least half of the Guantanamo detainees:
There are two things the president should do. One is to appoint a senior point person so that the administration’s Guantánamo closure policy is directed by the White House and not by Pentagon bureaucrats. The president can also order the secretary of defense to start certifying for transfer detainees who have been cleared, which is more than half the Guantánamo population.
Carlos Warner, an attorney representing 11 Guantanamo prisoners, said today:
I applaud President Obama’s remarks — he hasn’t mentioned Guantanamo in years — but the fact is that Congress has very little to do with it. NDAA as written allows the President to transfer individuals if it’s in the national security of the United States. The President’s statement made clear that Guantanamo negatively impacts our national security. The question is not whether the administration has the authority to transfer innocent men, but whether it has the political courage to do so.
And writing at the Lawfare Tuesday, Benjamin Wittes adds that Obama’s comments on Tuesday are a direct contradiction of his own self imposed policies. Wittes states:
The President’s comments are bewildering because his own policies give rise to the vast majority of the concerns about which he so earnestly delivered himself in these remarks.
Remember that Obama himself has imposed a moratorium on repatriating people to Yemen. And Obama himself has insisted that nearly 50 detainees cannot either be tried or transferred.
A US military guard carries shackles at the US detention center in Guantánamo Bay. (Photograph: John Moore/Getty Images)
The US military has confirmed that at least 40 “medical personnel” have arrived at the Guantanamo Bay detention facility in order to expand a force-feeding operation designed to counter an ongoing hunger strike by more than 100 prisoners protesting their indefinite detention and ill treatment.
But because the procedure of “force-feeding” is widely held as a form of torture, critics of the practice may well view the medical teams as nothing more than ‘torture reinforcements’ as the number of those approved for the painful process continues to grow and their conditions deteriorate.
Military authorities repeatedly claim that force-feedings are somehow necessary, but experts are unequivocal when they declare that the procedure is torture.
The United Nations Human Rights Commission considers the practice of force-feeding—in which detainees are strapped to a restraining chair, have tubes pushed up their nostrils and liquids pumped down their throats—a clear form of torture. In addition, the World Medical Association prohibits its physicians from participating in force-feeding and the American Medical Association has just sent a letter to the Pentagon calling the practice an affront to accepted medical ethics.
One detainee, speaking recently through his lawyer David Remes, described the process by saying it felt a “razor blade [going] down through your nose and into your throat.”
In an interview with the Guardian, Remes discussed the treatment of those at Guantanamo as he pushed back against the US military’s claims that it is safeguarding the prisoners by torturing them. “It’s like the way you would treat an animal,” he said. Watch:
Despite testimony like this and the many objections by human rights advocates, reports indicate that at least 21 men have been approved for force feeding at the US prison.
As The Guardian reports:
Authorities said that the “influx” of medical reinforcements had been weeks in the planning. But the news will fuel speculation that the condition of hunger-striking prisoners at Guantánamo Bay is deteriorating. Shaker Aamer, the last British resident being kept at the centre, told his lawyer earlier this month that authorities will soon see fatalities as a result of the current action.
“I cannot give you numbers and names, but people are dying here,” said Aamer, who is refusing food.
The action is a protest against conditions at the centre, as well as the indefinite nature of the remaining prisoners’ confinement. Aamer has been cleared for release twice, but is still behind bars after 11 years. He has never been charged or faced trial but the US refuses to allow him to return to the UK, despite official protests by the British government.
Late last week, president of the American Medical Association, Dr. Jeremy Lazarus, sent a letter to US Secretary of Defense Chuck Hagel in order to remind the Pentagon that the AMA’s long-held view is that force feeding is both an unethical and inhumane practic practice.
As Reuters report:
[The AMA letter] urged the defense secretary “to address any situation in which a physician may be asked to violate the ethical standards of his or her profession.”
Hagel had just returned from a trip to the Middle East and it was unclear whether he had seen the letter, said Pentagon spokesman Army Lieutenant Colonel Todd Breasseale.
Asked if military doctors had raised ethical concerns about being asked to perform force-feedings, Breasseale said, “I can tell you there have been no organized efforts, but I cannot speak for individual physicians.
Vince Warren, director of the Center for Constitutional Rights which represents many of the detainees, welcomed the AMA’s letter.
“In reaffirming its long-standing opposition to force feeding Guantanamo prisoners, the country’s most prominent medical association has delivered a stinging rebuke to the Obama administration’s wholly inadequate response to the hunger strik,” Warren said. “The administration cannot force feed its way out of this growing medical emergency.”
He added, “The only true solution is to resume transfers of prisoners and close Guantanamo.”
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Posted by rogerhollander in Canada, Criminal Justice, Torture, War, War on Terror.
Tags: Canada, child soldier, Criminal Justice, dennis edney, diana mehta, Guantanamo, khadr appeal, military commissions, Omar Khadr, roger hollander, terrorism, torture
Roger’s note: I have taken a great deal of interest in this case of gross injustice at the hands of the US Kangaroo Kourt, better known as the Military Commissions. The “Commissions” in Military Commissions should stand for nothing less than the commission of criminal injustice. The most moving documentary film I have ever seen is “You Don’t Like the Truth: 4 Days Inside Guantanamo,” which is reviewed in this segment: https://www.youtube.com/watch?v=PMJuErMEK7g. You can find more on Youtube.
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Janet Hamlin / AP
Khadr had pleaded guilty before a military commission in October 2010 to five war crimes — among them killing a U.S. special forces soldier — committed as a 15 year old in Afghanistan. He was given a further eight years behind bars.
By: Diana Mehta The Canadian Press, Published on Sat Apr 27 2013
Former Guantanamo Bay detainee Omar Khadr plans to appeal his terrorism convictions and hopes to walk free if his efforts are successful.
Khadr’s lawyer Dennis Edney said Saturday that the Toronto-born 26-year-old was “looking forward” to the appeal, which is expected to be filed “very soon.”
Khadr has been held in maximum-security Millhaven Institution in Kingston, Ont. since his transfer to Canada last September from Guantanamo Bay, where he had been held for a decade.
He had pleaded guilty before a widely discredited American military commission in October 2010 to five war crimes — among them the killing of a U.S. special forces soldier — committed in Afghanistan when he was 15 years old. He was given a further eight years behind bars.
Edney said the appeal being launched aims to have all those convictions dismissed.
“We are very confident that the military tribunal convictions will be overturned because in our view there are serious questions about the validity of all these convictions,” Edney told The Canadian Press.
Although Khadr opted for a plea agreement in 2010, Edney argued his guilty plea may not have too much of a bearing on his appeal.
“If you plead guilty to a charge which is a nullity in war, then the plea is also a nullity,” he said.
The case is still likely to be complicated as Khadr did sign away his appeal rights in 2010. but Edney contends that obstacle, too, could be surmounted.
“If the underlying acts weren’t crimes, at least not war crimes, then Mr. Khadr’s waiver may also be unreliable,” he said.
Edney said his team would be filing an appeal first with a U.S. military commission, and then later in the U.S. civil courts if necessary, to overturn all of Khadr’s convictions.
The terms of Khadr’s transfer to Canada precluded attacking his sentence in Canadian courts.
Working in Khadr’s favour, Edney said, are two similar military commission verdicts which American appeal courts have already thrown out after ruling the crimes did not exist under international law of war at the time.
Last October an American appeal court dismissed Osama bin Laden’s driver Salim Hamdan’s 2008 conviction for providing material support for terrorism.
In essence, the court ruled no such crime existed under international law of war at the time of the alleged offence and retroactive prosecutions were not authorized.
In January, the same court threw out the conviction of Ali Hamza al-Bahlul, a Yemeni who was charged with providing material support to terrorism and conspiracy for making propaganda videos for Al Qaeda. In that case, however, a U.S. appeals court said earlier this month that it will re-examine the decision.
Nonetheless, Edney said the rulings on those two cases could bode well for Khadr’s appeal.
“As the law now stands, based upon two earlier rulings … where the civilian appeals court overturned the same charges Omar faced, it concluded the charges were not and are not recognized international law of war charges,” he said.
Edney said he was surprised previous lawyers retained by Khadr hadn’t filed an appeal so far.
“One would expect that should have been done as a matter of course. It wasn’t,” he said. “I took it upon myself to persuade the military defence department to agree that Omar Khadr’s case was worthy of an appeal and they agreed.”
Posted by rogerhollander in Civil Liberties, Criminal Justice, Torture.
Tags: alex kane, detainees, forced feeding, Guantanamo, human rights, hunger strike, indifinite detention, John Bogdan, roger hollander, torture
The mass hunger strike at the notorious prison camp is shining a light on the festering issue of indefinite detention.
Detainees at Guantanamo Bay.
Photo Credit: Shane T. McCoy/U.S. Navy/Wikimedia Commons
April 12, 2013 |
Colonel John Bogdan’s arrival at Guantanamo Bay meant trouble for the prisoners who had been locked up there for over a decade, many of them without ever being charged with a crime. His punitive actions sparked the first mass hunger strike at Guantanamo since 2006. In turn, the strike is shining a light on the festering issue of indefinite detention without charge, and the Obama administration’s failure to close the prison that has become a symbol of the lawlessness of America’s “war on terr
Bogdan, who served in Iraq and took over operations at the prison camp in June 2012, embarked on a campaign of harassment directed at the prisoners, according to published accounts by attorneys for Guantanamo prisoners.
He had members of the Joint Detention Group, the military unit that runs the prison, storm Camp 6, the name given for the prison area where most of the detainees live. (In response to the hunger strike, some detainees have reportedly been moved to Camp 5, an area of the camp for “non-compliant” detainees that has been criticized for small cells, bright lights and foul smells. Camp 6 is the most permissive area of the camps, where prisoners live communally.) Temperatures in the prison cells were lowered to 62 degrees.
“Bogdan brought a tough-guy approach to detention operations and has ruled the camps with an iron fist,” one attorney who works with Guantanamo prisoners said in a statement published by the Huffington Post. “Marked by displays of power for power’s sake, his approach has led to mayhem in the camps.” One Yemeni detainee recently stated that “we are in danger. One of the soldiers fired on one of the brothers a month ago.”
On February 6, Bogdan ordered a search that led directly to the ongoing hunger strike at Guantanamo Bay that’s making headlines around the world.
Military guards searched prison cells and confiscated personal letters, photos and mail prisoners had received from their lawyers. But the biggest indignity for the prisoners was a search of their Qu’rans, the Muslim holy book. The U.S. military says that they suspected contraband or weapons might be hidden in the Qu’rans, a claim that has not been substantiated and that lawyers for Guantanamo detainees strongly deny. The government says its interpreters–many of whom are Muslim and don’t make up the prison guard force–carried out the Qu’ran searches, but the prisoners don’t care; they say the searches constitute religious desecration.
The Qu’ran searches were the last straw for the 166 detainees, and most of them have now joined the hunger strike, according to their attorneys. The U.S. military admits that there are 42 participants under what they define as a hunger strike. Their definition states that a prisoner is hunger-striking when he deliberately misses nine consecutive meals. The military has taken to force-feeding the prisoners in response to their deliberate act of starvation.
The protest, which seeks to end the Qu’ran searches, started in February and has also morphed beyond just focusing on the perceived desecration of their holy books. Some detainees have now taken to protesting against their indefinite detention. Lawyers for Guantanamo prisoners state that Bogdan’s punitive policies hearken back to the dark days of Gitmo, when those at the camp were routinely tortured.
“The hunger strike has escalated to a broader crisis that is, at this point, all but irreversible,” said Wells Dixon, a senior attorney at the Center for Constitutional Rights who represents five detainees. “The men are not starving themselves so they can become martyrs…They’re doing this because they’re desperate. They’re desperate to be free from Guantanamo. They don’t see any alternative to leaving in a coffin. That’s the bottom line.”
The U.S. government has tried to downplay the growing hunger strike and denigrated the act as a media stunt. The hunger strike was “specifically designed” to “attract media attention,” a Guantanamo prison spokesman told Truthout.
But while this is no “stunt,” the fact that the media is finally paying attention is a victory for the prisoners, though the camp still receives relatively little attention in general from the public at large.
Human rights groups are also now mobilizing as a result of the hunger strike. April 11 was a day of action against Guantanamo, with protests taking place in a handful of cities, all with a unified demand: shut down the prison camp now.
And it comes at a moment when it appears that the Obama administration has given up on shuttering the prison. While the administration likely hopes that Guantanamo as an issue goes away, the hunger strike has shown just how awful the situation has become. Detainees are bitterly disappointed in Obama’s failure to close Guantanamo. “They had great optimism that Guantanamo would be closed,” General John Kelly said in congressional testimony last month. “They were devastated, apparently, when the president backed off.” Indeed, in January, the State Department office tasked with closing the prison was itself closed.
Lawyers for the Guantanamo detainees have sounded the alarm on their clients’ deteriorating condition. On March 14, a group of attorneys representing men at Guantanamo sent a letter to Defense Secretary Chuck Hagel. “We have…received alarming reports of detainees’ deteriorating health, including that men have lost over 20 and 30 pounds, and that at least two dozen men have lost consciousness due to low blood glucose levels, which have dropped to life-threatening levels among some,” they wrote. They went on to urge the Defense Secretary to “address the immediate situation at hand as well as the long-term fate of all the remaining men at Guantánamo.”
One of the most detailed accounts of the ongoing hunger strike comes from Shaker Aamer, a resident of Britain originally from Saudi Arabia. The Bush administration admitted it had no evidence to hold Aamer, who has been at Guantanamo since February 2002 after being sold inAfghanistan by bounty hunters. He gave his account of current conditions at the camp to his lawyer, Clive Stafford Smith, a prominent British human rights lawyer, who wrote an affidavit.
The Qu’ran searches are not the only indignities the prisoners are livid about, as Aamer details. On February 15, they entered Aamer’s cell and brutalized him, as well as two others, during prayer time. One of the men beaten by what’s called the Emergency Reaction Force (ERF) was unconscious for four days. The ERF, as investigative journalist Jeremy Scahill detailed for AlterNet in 2009, is known for being particularly abusive. Shaker Aamer has been abused by guards a number of times since then, according to Smith’s affidavit.
Aamer says that the use of sleep deprivation has intensified since the hunger strike began and that a Tunisian prisoner has attempted suicide. A “new practice…has been brought in which involves using a dog leash on the detainees,” Aamer related to Smith. And Aamer has “been badly punished for joining the strike”–the military has withheld medical treatment for Aamer’s health problems.
The American response has fallen far short of what detainees are demanding. Truthout reporter Jason Leopold wrote earlier this month that “prisoners said they would immediately end their hunger strike if they were allowed to ‘surrender’ their Korans…instead of having them searched by translators. That demand was shot down because it could be interpreted that Guantanamo officials are denying prisoners their right to religious materials.” Guantanamo spokesman Robert Durand told Truthout that the prisoners “have presented no demands that we can meet.”
Instead of addressing the root causes of the hunger strike, the U.S. has taken to force-feeding the detainees to keep them alive. The Associated Press reports that lawyers are being informed when their detainees are being force-fed. While officials at the prison camp say that force-feeding is not painful, the detainees tell a different story. The United Nations Human Rights Commission has said that force-feeding at Guantanamo amounts to torture. Asked about the process, the Center for Constitutional Right’s Dixon said: “The process of death, death by starvation, is not easy. It’s not painless. In the case of men who are force-fed, it’s an even more excruciating experience. The military may keep these individuals alive by pumping food up their noses into their stomach. But eventually they’re going to die. You can only force-feed someone for so long before their body gives out.”
The ongoing hunger-strike is the latest example of how bizarre, cruel and dystopic the situation at Guantanamo has become. Eighty-six men have been cleared for release from Guantanamo by the U.S., but they still remain at the camp. Fifty-six of those cleared are from Yemen, a country and close ally of the U.S. that has expressed willingness to take them back—though human rights groups have also criticized the Yemeni government’s abusive treatment of returned prisoners. One of the Yemeni prisoners was Adnan Latif, who was cleared for release by one court in a decision that was later overturned after the Obama administration appealed it. In September 2012, Latif died at Guantanamo due to what the U.S. government says was a suicide, though questions have been raised about the U.S. government explanation.
The Obama administration has halted repatriation to Yemen since the disruption of a 2009 terrorist plot originating from the country. Congress has meddled in the president’s ability to transfer detainees out of Guantanamo. Legislation signed by President Obama has imposed limits on releasing prisoners. But one mechanism that does exist is a national security waiver that the Secretary of Defense could sign off on the release of prisoners. There are also prisoners the Obama administration says are too dangerous to release but cannot be prosecuted because evidence related to their case comes from torture.
Lawyers for the select group of detainees who are being subjected to military prosecution have had to deal with their own problems. For one, the Guantanamo detainees are prohibited from detailing in court how they were brutally tortured. That information is considered classified by the U.S. government. Other problems include the fact that outside censors cut off a public feed to the courtroom, though a judge barred that practice early this year, and that U.S. officials have installed listening devices to eavesdrop on prisoner-attorney communications.
Attorneys for detainees emphasize that if current conditions at Guantanamo persist, the situation could become even more disastrous than it already is.
“If this crisis isn’t resolved soon, there will be more deaths. That is certain,” Dixon told AlterNet. “The administration is going to need to explain why these individuals were detained, particularly individuals who have been cleared for release for years, and allowed to die. They’ll be forced to answer the question: why in the world was this person detained to the point where he felt so utterly hopeless, that he starved himself to death in order to be free?”
Posted by rogerhollander in Civil Liberties, Criminal Justice, Torture.
Tags: abby zimet, forced feedings, george galloway, gitmo, Guantanamo, hunger strike, obama administration, roger hollander, torture
03.26.13 – 4:12 PM

In frustrated response to inaction by the Obama administration and a harsh February shakedown of cells, the hunger strike at Guantanamo is spreading, with as many as 100 of 166 prisoners refusing food for the last month. Red Cross workers arrived this week ahead of schedule to check on strikers, force feedings are on the rise, fainting spells are common – though dismissed as fake by prison officials – and many say an inmate death is inevitable. In solidarity, activists this week launched a week-long fast, and plan rallies and vigils. Meanwhile, the mainstream media remains largely, appallingly, inexplicably silent.
“Nobody else is talking about this subject… If people disappeared into an illegal black hole in Russia and were facing indefinite incarceration, without trial, without charge and without access of attorneys, we’d never hear the end of it. The Western media would be full of it… they’d be screaming from the rooftops.” – British MP George Galloway.


Comments
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This disgusting national shame instituted by a chimp and carried on by a serial liar, must end.
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Mainstream America is numbingly indifferent to anything that does not immediately affect them or their pocketbook…
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And not informed enough to understand either.
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Shame on the US! Shame on us!
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This is striking evidence that the USI does not have any LEGITAMICY!
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Brother or comrade George Galloway as British Labor Party members used to refer to each other has it just right.
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Forgive me indeed. This British political hero is a member of Respect, the party he founded. He was a fixture on the Labor scene for a long time. He was and is a voice for the voiceless.
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This is a bit like the Bobby Sands hunger stike, but Barry like Maggie Thatcher doesn’t get it. How many died due to Thatcher’s insane stubborness? Now it’s how many will die due to Barry’s?
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Ten died during that fateful summer of 1981. Most after fasts lasting over 60 days.
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What would happen to Gitmo if all the prisoners died? Would they close it then? I am thinking they’d find a reason to keep it open and manned.
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“Meanwhile, the mainstream media remains largely, appallingly, inexplicably silent.”
This is correct; I have not seen this on Y@hoo since I’ve been seeing it here on CD. Thanks for deciding what is fit to print CFR and any other media think tanks in control of the main stream media.
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Don’t blame the American public, brainwashed by the three owners of MSM. Forgive the public. They know not what they do nor why their strong opinions are what they are.
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This excuse grows tiresome. In many cases, you are excusing willful ignorance, or more likely indifference, motivated by various combinations of fear and selfishness.
Have you tried talking to a few American college-educated liberals, for example, to find out whether or not they know about these things? And why on Earth would you suggest that citizens of a (supposed) democracy don’t have an ethical duty to keep themselves informed, and to oppose their government’s violation of domestic and international laws?
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At least one guy deemed innocent has been bloodily force fed for years.
Posted by rogerhollander in Britain, Civil Liberties, Criminal Justice, Racism, Torture, Uncategorized, War on Terror, Women.
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
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.”
© 2013 Victoria Brittain
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.
Posted 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
Published on Monday, February 18, 2013 by
TomDispatch.com
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.
Territorio Libre
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.
Brazil’s “Smokescreen”
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.
© 2013 Greg Grandin
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.
Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture, War on Terror.
Tags: capital punishment, civil liberties, counterterrorism, death penalty, extrajudicial killing, Guantanamo, hrw, human rights, Human Rights Watch, indefinite detention, natasha lennard, ndaa, prison industrial complex, prisons, roger hollander, sokitary confinement, torture, us prisons
Thursday, Jan 31, 2013 10:25 AM EST
The NGO’s World Report criticizes mass incarceration and U.S. record of torture and extrajudicial killing
By Natasha Lennard
(Credit: Shutterstock)
Human Rights Watch Thursday published its annual World Report, in which it lays out a pointed critique of the U.S. prison system. The enormous prison population — the largest in the world at 1.6million — “partly reflects harsh sentencing practices contrary to international law,” notes the report.
The 2013 World Report, a 665-page tome which assesses human rights progress in the past year in 90 countries, highlights particular issues undergirding the U.S.’s blighted carceral system. It notes that “practices contrary to human rights principles, such as the death penalty, juvenile life-without-parole sentences, and solitary confinement are common and often marked by racial disparities.” Via HRW:
Research in 2012 found that the massive over-incarceration includes a growing number of elderly people whom prisons are ill-equipped to handle, and an estimated 93,000 youth under age 18 in adult jails and another 2,200 in adult prisons. Hundreds of children are subjected to solitary confinement. Racial and ethnic minorities remain disproportionately represented in the prison population.
HRW cite statistics often used to show racial disparities in the U.S. prison system. For example, while whites, African Americans and Latinos have comparable rates of drug use, African Americans are arrested for drug offenses, including possession, at three times the rate of white men.
“The United States has shown little interest in tackling abusive practices that have contributed to the country’s huge prison population,” said Maria McFarland, deputy U.S. program director at Human Rights Watch. “Unfortunately, it is society’s most vulnerable – racial and ethnic minorities, low-income people, immigrants, children, and the elderly – who are most likely to suffer from injustices in the criminal justice system.”
Although noting some progress in 2012 (both D.C. and Connecticut joined the ranks of 16 states to have abolished the death penalty), HRW also stressed continuing injustices in U.S. immigration policies, labor issues and treatment of minorities, women, the disabled and HIV positive individuals. The report was particularly critical when reviewing the U.S.’s counterterrorism policies. The NGO noted in a statement:
Both the Obama administration and Congress supported abusive counterterrorism laws and policies, including detention without charge at Guantanamo Bay, restrictions on the transfer of detainees held there, and prosecutions in a fundamentally flawed military commission system. Attacks by US aerial drones were carried out in Pakistan, Somalia, Yemen, and elsewhere, with important legal questions about the attacks remaining unanswered.
The administration has taken no steps toward accountability for torture and other abuses committed by US officials in the so-called “war on terror,” and a Justice Department criminal investigation into detainee abuse concluded without recommending any charges. The Senate Select Committee on Intelligence completed a more than 6,000-page report detailing the CIA’s rendition, detention, and interrogation program, but has yet to seek the report’s declassification so it can be released to the public.
The World Report explicitly mentions Obama’s signing of the NDAA in 2011 (an act he repeated this year), noting, “The act codified the existing executive practice of detaining terrorism suspects indefinitely without charge, and required that certain terrorism suspects be initially detained by the military if captured inside the U.S..”
Next week, the lawsuit against Obama over the NDAA’s definite detention provision will be back in federal court as plaintiffs including Chris Hedges, Daniel Ellsberg and Noam Chomsky seek an injunction prohibiting indefinite detention of civilians without charge or trial.
Comments from HRW’s McFarland point out what’s at stake for the president here: “The Obama administration has a chance in its second term to develop with Congress a real plan for closing Guantanamo and definitively ending abusive counterterrorism practices,” McFarland said. “A failure to do so puts Obama at risk of going down in history as the president who made indefinite detention without trial a permanent part of U.S. law.”
Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email nlennard@salon.com. More Natasha Lennard.
Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, Torture.
Tags: adnan latif, death of a prisoner, documentary, documentary film, Guantanamo, human rights, kill list, laura poitras, Obama Guantanamo, president obama, roger hollander, solitary confinement, torture
Roger’s note: WATCH THE VIDEO: http://www.youtube.com/watch?v=IO2gwKLKHOo
When President Obama pledged to close the Guantánamo Bay prison on his first day in office as president in 2009, I believed the country had shifted direction. I was wrong. Four years later, President Obama has not only institutionalized Guantánamo and all the horrors it symbolizes, but he has initiated new extrajudicial programs, like the president’s secret kill list.
In September 2012 I read the news that another prisoner at Guantánamo had died, and I knew I had probably met his family. I traveled to Yemen in 2007 with the idea of making a film about a Guantánamo prisoner. I went there with the Guantánamo lawyer David Remes. He met with families and delivered the news of their sons, brothers, fathers and husbands. I had hoped to film the journey of someone being released from Guantánamo and returning home. Five years later, I find myself making that film, but under tragic circumstances.
Adnan Farhan Abdul Latif recently died in solitary confinement at Guantánamo at age 36, after nearly 11 years of imprisonment there, despite never having been charged with a crime. Last month his body was returned to his family in Yemen, but we are left with many unanswered questions about his imprisonment and death.
Mr. Latif’s death is under investigation by the United States military, which claims he committed suicide from an overdose of prescription medication complicated by acute pneumonia. But that’s hard to take at face value. Why was he placed in solitary confinement when he was suffering from acute pneumonia? How could he have overdosed on medication, given the strict protocols at Guantánamo? Why did it take three months for the body to be returned to Yemen? And finally, why are his autopsy and toxicology report classified and being withheld from his family?
These questions are not just about Adnan Latif. They also address the injustices that our government has instituted and normalized in the war on terror.
© 2012 The New York Times
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Laura Poitras is an Academy Award-nominated documentary filmmaker. She is currently working on a trilogy of films about post-9/11 America. She is the recipient of a 2012 MacArthur Fellowship and is on the board of the Freedom of the Press Foundation.
Posted by rogerhollander in Barack Obama, Iraq and Afghanistan, War, War on Terror.
Tags: afghanistan occupation, Afghanistan War, al-Qaeda, glenn greenwald, Guantanamo, habeas corpus, jed johnson, obama administgration, patriot act, Pentagon, presidential assassination, roger hollander, state secrets, Taliban, terrorism, U.S. imperialism, war on terror, warrantless eavesdropping
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Published on Friday, January 4, 2013 by The Guardian
As the Pentagon’s former top lawyer urges that the war be viewed as finite, the US moves in the opposite direction
by Glenn Greenwald

A U.S. Army soldier takes cover as a Black Hawk chopper takes off from a U.S. military base in Arghandab valley near Kandahar. (Photo: Reuters)
Last month, outgoing pentagon general counsel Jeh Johnson gave a speech at the Oxford Union and said that the War on Terror must, at some point, come to an end:
“Now that efforts by the US military against al-Qaida are in their 12th year, we must also ask ourselves: How will this conflict end? . . . . ‘War’ must be regarded as a finite, extraordinary and unnatural state of affairs. We must not accept the current conflict, and all that it entails, as the ‘new normal.’ Peace must be regarded as the norm toward which the human race continually strives. . . .
“There will come a tipping point at which so many of the leaders and operatives of al-Qaida and its affiliates have been killed or captured, and the group is no longer able to attempt or launch a strategic attack against the United States, that al-Qaida will be effectively destroyed.”
On Thursday night, MSNBC’s Rachel Maddow interviewed Johnson, and before doing so, she opined as follows:
“When does this thing we are in now end? And if it does not have an end — and I’m not speaking as a lawyer here, I am just speaking as a citizen who feels morally accountable for my country’s actions — if it does not have an end, then morally speaking it does not seem like it is a war. And then, our country is killing people and locking them up outside the traditional judicial system in a way I think we maybe cannot be forgiven for.”
It is precisely the intrinsic endlessness of this so-called “war” that is its most corrupting and menacing attribute, for the reasons Maddow explained. But despite the happy talk from Johnson, it is not ending soon. By its very terms, it cannot. And all one has to do is look at the words and actions of the Obama administration to know this.
There’s no question that this “war” will continue indefinitely. There is no question that US actions are the cause of that, the gasoline that fuels the fire.
In October, the Washington Post’s Greg Miller reported that the administration was instituting a “disposition matrix” to determine how terrorism suspects will be disposed of, all based on this fact: “among senior Obama administration officials, there is broad consensus that such operations are likely to be extended at least another decade.” As Miller puts it: “That timeline suggests that the United States has reached only the midpoint of what was once known as the global war on terrorism.”
The polices adopted by the Obama administration just over the last couple of years leave no doubt that they are accelerating, not winding down, the war apparatus that has been relentlessly strengthened over the last decade. In the name of the War on Terror, the current president has diluted decades-old Miranda warnings; codified a new scheme of indefinite detention on US soil; plotted to relocate Guantanamo to Illinois; increased secrecy, repression and release-restrictions at the camp; minted a new theory of presidential assassination powers even for US citizens; renewed the Bush/Cheney warrantless eavesdropping framework for another five years, as well as the Patriot Act, without a single reform; and just signed into law all new restrictions on the release of indefinitely held detainees.
Does that sound to you like a government anticipating the end of the War on Terror any time soon? Or does it sound like one working feverishly to make their terrorism-justified powers of detention, surveillance, killing and secrecy permanent? About all of this, the ACLU’s Executive Director, Anthony Romero, provided the answer on Thursday: “President Obama has utterly failed the first test of his second term, even before inauguration day. His signature means indefinite detention without charge or trial, as well as the illegal military commissions, will be extended.”
There’s a good reason US officials are assuming the “War on Terror” will persist indefinitely: namely, their actions ensure that this occurs. The New York Times’ Matthew Rosenberg this morning examines what the US government seems to regard as the strange phenomenon of Afghan soldiers attacking US troops with increasing frequency, and in doing so, discovers a shocking reality: people end up disliking those who occupy and bomb their country:
“Such insider attacks, by Afghan security forces on their Western allies, became ‘the signature violence of 2012′, in the words of one former American official. The surge in attacks has provided the clearest sign yet that Afghan resentment of foreigners is becoming unmanageable, and American officials have expressed worries about its disruptive effects on the training mission that is the core of the American withdrawal plan for 2014. . . .
“But behind it all, many senior coalition and Afghan officials are now concluding that after nearly 12 years of war, the view of foreigners held by many Afghans has come to mirror that of the Taliban. Hope has turned into hatred, and some will find a reason to act on those feelings.
“‘A great percentage of the insider attacks have the enemy narrative — the narrative that the infidels have to be driven out — somewhere inside of them, but they aren’t directed by the enemy,’ said a senior coalition officer, who asked not to be identified because of Afghan and American sensitivities about the attacks.”
In other words, more than a decade of occupying and brutalizing that country has turned large swaths of the population into the “Taliban”, to the extent that the “Taliban” means: Afghans willing to use violence to force the US and its allies out of their country. As always, the US – through the very policies of aggression and militarism justified in the name of terrorism – is creating the very “terrorists” those polices are supposedly designed to combat. It’s a pure and perfect system of self-perpetuation.
There is zero reason for US officials to want an end to the war on terror, and numerous and significant reasons why they would want it to continue.
Exactly the same thing is happening in Yemen, where nothing is more effective at driving Yemenis into the arms of al-Qaida than the rapidly escalated drone attacks under Obama. This morning, the Times reported that US air strikes in Yemen are carried out in close cooperation with the air force of Saudi Arabia, which will only exacerbate that problem. Indeed, virtually every person accused of plotting to target the US with terrorist attacks in last several years has expressly cited increasing US violence, aggression and militarism in the Muslim world as the cause.
There’s no question that this “war” will continue indefinitely. There is no question that US actions are the cause of that, the gasoline that fuels the fire. The only question – and it’s becoming less of a question for me all the time – is whether this endless war is the intended result of US actions or just an unwanted miscalculation.
It’s increasingly hard to make the case that it’s the latter. The US has long known, and its own studies have emphatically concluded, that “terrorism” is motivated not by a “hatred of our freedoms” but by US policy and aggression in the Muslim world. This causal connection is not news to the US government. Despite this – or, more accurately, because of it – they continue with these policies.
One of the most difficult endeavors is to divine the motives of other people (divining our own motives is difficult enough). That becomes even more difficult when attempting to discern the motives not of a single actor but a collection of individuals with different motives and interests (“the US government”).
But what one can say for certain is that there is zero reason for US officials to want an end to the war on terror, and numerous and significant reasons why they would want it to continue. It’s always been the case that the power of political officials is at its greatest, its most unrestrained, in a state of war. Cicero, two thousand years ago, warned that “In times of war, the law falls silent” (Inter arma enim silent leges). John Jay, in Federalist No. 4, warned that as a result of that truth, “nations in general will make war whenever they have a prospect of getting anything by it . . . for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans.”
Only outside compulsion, from citizens, can make an end to all of this possible.
If you were a US leader, or an official of the National Security State, or a beneficiary of the private military and surveillance industries, why would you possibly want the war on terror to end? That would be the worst thing that could happen. It’s that war that generates limitless power, impenetrable secrecy, an unquestioning citizenry, and massive profit.
Just this week, a federal judge ruled that the Obama administration need not respond to the New York Times and the ACLU’s mere request to disclose the government’s legal rationale for why the President believes he can target US citizens for assassination without due process. Even while recognizing how perverse her own ruling was – “The Alice-in-Wonderland nature of this pronouncement is not lost on me” and it imposes “a veritable Catch-22″ – the federal judge nonetheless explained that federal courts have constructed such a protective shield around the US government in the name of terrorism that it amounts to an unfettered license to violate even the most basic rights: “I can find no way around the thicket of laws and precedents that effectively allow the executive branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret” (emphasis added).
Why would anyone in the US government or its owners have any interest in putting an end to this sham bonanza of power and profit called “the war on terror”? Johnson is right that there must be an end to this war imminently, and Maddow is right that the failure to do so will render all the due-process-free and lawless killing and imprisoning and invading and bombing morally indefensible and historically unforgivable.
But the notion that the US government is even entertaining putting an end to any of this is a pipe dream, and the belief that they even want to is fantasy. They’re preparing for more endless war; their actions are fueling that war; and they continue to reap untold benefits from its continuation. Only outside compulsion, from citizens, can make an end to all of this possible.
© 2012 Guardian News and Media Limited
Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon. His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican Politics, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.
Guantánamo Is Not an Anomaly — Prisoners in the US Are Force-Fed Every Day May 6, 2013
Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture.Tags: ann neumann, first amendment, force feeding, Guantanamo, human rights, hunger strike, inmate rights, prisoners rights, prisons, roger hollander, torture, william coleman
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Roger’s note: I am not one of those who believe that American “democracy” only began to crumble with George Bush. The problem goes back a long way; 1492 is an important date. The genocide of the First Nations peoples and the regime of the enslavement of Africans did not occur under the Bush presidency (although I have no doubt he would have been a champion of both disgraces). From the Philippines to all of Latin America to the Middle East, to Africa, to Vietnam, well … to the entire globe, American economic and military hegemony has left unspeakable misery in it wake. Having said all that, and having been aware of these realities all my adult life, I continue to be shocked by the impunity in which today’s American state and federal jurisdictions openly and proudly engage in torture. The United States a Christian nation? The United States a civilized nation? Don’t make me laugh.
Published on Monday, May 6, 2013 by Waging Nonviolence
by Ann Neumann
I know a hunger-striking prisoner who hasn’t eaten solid food in more than five years. He is being force-fed by the medical staff where he’s incarcerated. Starving himself, he told me during one of our biweekly phone calls last year, is the only way he has to exercise his first amendment rights and to protest his conviction. Not eating is his only available free speech act.
The prisoner has lost half his body weight and four teeth to malnutrition. He and his lawyer have gone to court to stop the force-feedings, but a judge ruled against him in March. If I asked you to guess where Coleman is being held, you’d likely say Guantánamo — “America’s offshore war-on-terror camp” — where a mass hunger strike of 100 prisoners has brought the ethics of force-feeding to American newspapers, if not American consciences. Twenty-five of those prisoners are now being manually fed with tubes.
But William Coleman is not at Guantánamo. He’s in Connecticut. The prison medical staff force-feeding him are on contract from the University of Connecticut, not the U.S. Navy. Guantánamo is not an anomaly. Prisoners — who are on U.S. soil and not an inaccessible island military base — are routinely and systematically force-fed every day.
The accounts of force-feeding coming out of Guantánamo, including Samir Naji al Hasan Moqbel’s “Gitmo is Killing Me” in The New York Times two weeks ago, are consistent with how Coleman has described the process to me — and to the Supreme Court of Connecticut.
On Oct. 23, 2008, medical staff and corrections officers first strapped Coleman at four points to a vinyl medical table and snaked a rubber tube up his nose, down his throat and into his stomach. When the tube kinked, they thought his reaction to the pain was resistance and tied him across the chest with mesh straps. They reinserted the tube and Coleman gagged as they drained Ensure, a nutrient drink, into it. He continued to gag. He bled. He vomited. He felt violated, not medically treated. Coleman is still being force-fed; sometimes the staff put a semi-permanent tube up his nose, sometimes they don’t. They no longer strap him down. He knows the staff. They are, he says, following orders.
The fact that force feedings are being discussed in the context of Guantánamo is dangerously misleading; it obscures the routine use of feeding tubes in American prisons. Other recent feeding tube cases have taken place in Washington state, Utah, Illinois and Wisconsin — all prisoners who had the resources to contest their treatment in court. No sweeping study of force-feeding has been done, so statistics on usage don’t exist. Only three states have laws against force-feeding prisoners: Florida, Georgia and California, where a hunger strike in 2011 at a facility in Pelican Bay effectively caused a court examination of prison conditions. Just this week Leroy Dorsey, who sued New York state to have his force-feedings stopped, lost his case. “Force-feeding order did not violate inmate’s rights,” the Reuters headline reads.
No matter where force-feedings take place, whether in Guantánamo or Connecticut, they are considered torture by most of the world’s medical and governing bodies. As U.N. High Commissioner for Human Rights Rupert Coville said this week about tube usage, “If it’s perceived as torture or inhuman treatment — and it’s the case, it’s painful — then it is prohibited by international law.” At The Daily Beast, Kent Sepkowitz, a doctor, writes, “Without question, [force-feeding] is the most painful procedure doctors routinely inflict on conscious patients,” and calls it “barbaric.”
In 2005, when 142 Guantánamo detainees stopped eating, their subsequent force-feedings caused 263 international doctors to write an open letter in the medical journal The Lancet that denounced the practice and called on doctors to stop participating. They wrote, “Physicians do not have to agree with the prisoner, but they must respect their informed decision.”
To little effect, the American Medical Association condemned the force feedings in 2005, 2009 and again last week, saying that “every competent patient has the right to refuse medical intervention, including life-sustaining interventions.”
Yet most media outlets continue to portray feeding tube use as a “complex ethical debate.” It’s not. Competent prisoners go on hunger strike because they have something to say and no other way to say it. Prison officials choose not to hear — and silence them with tubes. In court documents, wardens cite two primary concerns: the health of the prisoner, whose well-being they are responsible for (and for whose “suicide” they could be blamed); and prison order, including disruption of facility routine, copycat hunger strikers, and low morale among corrections officers and staff.
According to Mara Silver, who wrote about prison hunger strikes for Stanford Law Review in 2005, there is scant evidence that hunger strikers disrupt prison order. In fact, she notes, wardens often aren’t required to show proof when challenged. Consistently, routinely, wardens are deferred to in these cases.
Last week The Chicago Tribune reported that President Obama, who has not yet fulfilled a campaign promise to close Guantánamo, had courts on his side:
Prisoners’ rights activists have long acknowledged courts’ reluctance to reconsider application of common law and constitutional rights to those inside. This status quo works so long as it is supported by public opinion — or public ignorance of the practice.
Hunger strikes have the power to change public opinion. This might be why the warden of Coleman’s prison has refused my request for a visit — and that of any other journalist. As the warden put it in a brief letter, they think my presence might “exacerbate” the inmate’s condition or “contribute to his detriment.” Or, perhaps, bring attention to Coleman’s case. So long as force-feeding is considered an exceptional practice, applied to less than two dozen men from foreign countries, and on foreign soil, the public and the medical community can remain ignorant of the torture within our growing domestic prison industry.
For an article on William Coleman that appeared in Guernica magazine in January, I spoke with American bioethicist Jacob Appel, who has written extensively about Coleman and feeding-tube usage in U.S. prisons. The public discourse about Guantánamo, Appel told me, had falsely assumed that torture and abuse are an exception rather than the general rule. Guantánamo, he said, “was presented as … an extraordinary set of circumstances, not an outflow of American law.”
Ann Neumann is editor of The Revealer, a publication of the Center for Religion and Media at New York University. She has written for Guernica magazine, The Nation and the New York Law Review, and has appeared on Voice of America, NY-1 News and WBAI. She teaches journalism at Drew University. Neumann blogs about religion and dying at otherspoon.blogspot.com. Follow her on Twitter at @otherspoon.