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Albert Woodfox’s 40 Years of Solitary Confinement February 28, 2013

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights.
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 128
 Feb 27, 2013, http://www.truthdig.com
albert-woodfox

By Amy Goodman

Albert Woodfox has been in solitary confinement for 40 years, most of that time locked up in the notorious maximum-security Louisiana State Penitentiary known as “Angola.” This week, after his lawyers spent six years arguing that racial bias tainted the grand-jury selection in Woodfox’s prosecution, federal Judge James Brady, presiding in the U.S. District Court for the Middle District of Louisiana, agreed. “Accordingly, Woodfox’s habeas relief is GRANTED,” ordered Brady, compelling the state of Louisiana to release Woodfox. This is the third time his conviction has been overturned. Nevertheless, Woodfox remains imprisoned. Those close to the case expect the state of Louisiana, under the direction of Attorney General James “Buddy” Caldwell, to appeal again, as the state has successfully done in the past, seeking to keep Woodfox in solitary confinement, in conditions that Amnesty International says “can only be described as cruel, inhuman and degrading.”

Woodfox is one of the “Angola 3.” Angola, the sprawling prison complex with 5,000 inmates and 1,800 employees, is in rural Louisiana on the site of a former slave plantation. It gets its name from the country of origin of many of those slaves. It still exists as a forced-labor camp, with prisoners toiling in fields of cotton and sugar cane, watched over by shotgun-wielding guards on horseback. Woodfox and fellow inmate Herman Wallace were in Angola for lesser crimes when implicated in the prison murder of a guard in 1972. Woodfox and Wallace founded the Angola chapter of the Black Panther Party in 1971, and were engaged in organizing against segregation, inhumane working conditions and the systemic rape and sexual slavery inflicted on many imprisoned in Louisiana’s Angola.

“Herman and Albert and other folks recognized the violation of human rights in prison, and they were trying to achieve a better prison and living conditions,” Robert King told me last year. “And as a result of that, they were targeted.” King is the third member of the Angola 3, and the only one among them to have finally won his freedom, in 2001.

King went on: “There is no rationale why they should be held in solitary confinement—or, for that matter, in prison. This is a double whammy. We are dealing with a double whammy here. We are not just focusing on Herman’s and Albert’s civil- or human-rights violation, but there is question also as to whether or not they committed this crime. All the evidence has been undermined in this case.” Since his release, King has been fighting for justice for Wallace and Woodfox, traveling around the U.S. and to 20 countries, as well as addressing the European Parliament.

The devastating psychological impacts of long-term solitary confinement are well-documented. Solitary also limits access to exercise, creating a cascade of health complications. The Center for Constitutional Rights is challenging the use of solitary confinement in California prisons, writing: “Ever since solitary confinement came into existence, it has been used as a tool of repression. While it is justified by corrections officials as necessary to protect prisoners and guards from violent superpredators, all too often it is imposed on individuals, particularly prisoners of color, who threaten prison administrations in an altogether different way.”

In a recorded phone conversation from Angola, Herman Wallace explained: “Where we stay, we’re usually in the cell for 23 hours, and an hour out. I’m not ‘out.’ I may come out of the hole here, but I’m still locked up on that unit. I’m locked up. I can’t get around that. Anywhere I go, I have to be in chains. Chains have become a part of my existence. And that’s one of the things that people have to fully understand. But understanding it is one thing, but experiencing it is quite another.”Despite the decades in solitary confinement, Woodfox remains strong. As he said over a prison pay phone in one of the documentaries about the case, “In the Land of the Free”: “If a cause is just noble enough, you can carry the weight of the world on your shoulders. And I thought that my cause, then and now, was noble. So therefore, they could never break me. They might bend me a little bit, they might cause me a lot of pain. They might even take my life. But they will never be able to break me.”


Denis Moynihan contributed research to this column.

Amy Goodman is the host of “Democracy Now!,” a daily international TV/radio news hour airing on more than 1,000 stations in North America. She is the co-author of “The Silenced Majority,” a New York Times best-seller.

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‘Death of a Prisoner’ at Obama’s Guantánamo January 11, 2013

Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, Torture.
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Roger’s note: WATCH THE VIDEO: http://www.youtube.com/watch?v=IO2gwKLKHOo

 

Published on Friday, January 11, 2013 by The New York Times

 

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

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.

Lawyers: Bradley Manning Already Punished for Unproven Crimes November 26, 2012

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice.
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Roger’s note: nothing much new in this post, but I think it is important for us not to forget Bradley Manning.  Wouldn’t it be a genuine triumph for justice if he were awarded the Nobel Peace Prize?

Published on Monday, November 26, 2012 by Common Dreams

24-year-old accused of releasing classified documents to WikiLeaks

  – Common Dreams staff

Three months before Bradley Manning is scheduled to face a court martial, and more than two years after his arrest, lawyers for 24-year-old Army Private First Class say the intelligence analyst accused of releasing classified documents to Wikileaks has already been punished for yet unproven charges, including violation of the Espionage Act and aiding the enemy.

A rally outside the gates of Fort Meade on Dec. 17, 2011, to bring media awareness to the growing movement supporting PFC Bradley Manning. At front, left to right, are political spokespeople attorney Kevin Zeese, LGBTQ activist Lt. Dan Choi and retired US Diplomat Col Ann Wright. Pentagon Papers whistle-blower Daniel Ellsberg joined the group of supporters at the hearing later in the week. (Photo: Bradley Manning Support Network via Flickr)

Manning is accused of releasing hundreds of thousands of classified documents which were published on Wikileaks that show the killing of unarmed civilians and two Reuters journalists by a US Apache helicopter in Iraq, McClatchy reports.

The exposed Baghdad attack left 12 dead. In a video, the American helicopter crew can be heard laughing and referring to Iraqi dead as “dead bastards.”

Manning is also accused of sharing the Afghan War Diary, the Iraq War Logs and a series of embarrassing US diplomatic cables, in violation of military regulations, which the website BradleyManning.org says “have illuminated such issues as the true number and cause of civilian casualties in Iraq, along with a number of human rights abuses by US-funded contractors and foreign militaries, and role that spying and bribes play in international diplomacy.”

Earlier this month, Manning acknowledged that he was the source of the documents as “an act of conscience,” and was nominated for the Nobel Peace Prize. He faces 22 charges and is scheduled for a court martial in February 2013.

But from July 2010 to April 2011, Manning was held in solitary confinement at the US marine corps Brig in Quantico, Virginia.

The Baltimore Sun reports today that Manning’s lawyers allege that during that time:

Manning was held in ‘the functional equivalent of solitary confinement: ‘Confined to a six-by-eight-foot cell, with no window or natural light, for more than 23  and a half hours each day. He was awakened at 5 a.m. each morning and required to remain awake until 10 p.m., his lawyers say. He was not permitted to lie on his bed or lean against the cell wall. He was not allowed to exercise in his cell.

If guards found him asleep during five-minute checks, they awakened him.

Lawyers argue that such “egregious” treatment of an as-yet-untried suspect, despite testimony by psychiatrists who said he presented no risk to himself and that the treatment was causing him psychological harm, is illegal pretrial punishment and violates the Uniform Code of Military Justice and US Constitution.

The British government and Amnesty International spoke out against his treatment, with Amnesty International calling conditions “unnecessarily severe and amount(ing) to inhumane treatment by US authorities.”

“Manning has not been convicted of any offense, but military authorities appear to be using all available means to punish him while in detention,” the human rights group said. “This undermines the United States’ commitment to the principle of the presumption of innocence.”

In July, UN torture investigator Juan Mendez accused the US government of harsh treatment of Manning that may amount to torture.

Since the Quantico brig was closed in December 2011, Manning has been in medium-security confinement in Fort Leavenworth, the Baltimore Sun reports.
McClatchy reports that Dwight H. Sullivan, a former Marine Corps attorney who now teaches military law at George Washington University, says military law allows for the dismissal of charges against a suspect who is found to have been punished before trial— but such cases are rare.

Manning may begin testifying as a witness in pre-trial hearings as soon as Tuesday. If convicted, he could be sentenced to life in prison.

U.S. is the Worst Police State in the World – By the Numbers August 31, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Race, Racism, Torture.
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Roger’s note: the increasing use of private prisons exacerbates this problem in that the private corporations that contract with governments for provide custodial services demand a certain percentage of “customers,” that is, prisoners (how else can they make a profit?).  This requires the so-called criminal justice system to continue to crank out more and more prisoners, mostly poor and people of color, and most;y  for non violent crimes such as possession of marijuana. 
 

Tue, 08/28/2012 – 21:18 — Glen Ford

 

A Black Agenda Radio commentary by Glen Ford

There’s no getting around the fact that the United States is the Mother of All Police States. China can’t compete in the incarceration business. With four times the U.S. population, it imprisons only 70 percent as many people – about the same number as the non-white prison population of the U.S. Even worse, 80,000 U.S. inmates undergo the torture of solitary confinement on any given day.

 

U.S. is the Worst Police State in the World – By the Numbers

A Black Agenda Radio commentary by Glen Ford

The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.”

When U.S. corporate media operatives use the term “police state,” they invariably mean some other country. Even the so-called “liberal” media, from Democracy Now to the MSNBC menagerie, cannot bring themselves to say “police state” and the “United States” without putting the qualifying words “like” or “becoming” in the middle. The U.S. is behaving “like” a police state, they say, or the U.S. is in danger of “becoming” a police state. But it is never a police state. Since these privileged speakers and writers are not themselves in prison – because what they write and say represents no actual danger to the state – they conclude that a U.S. police state does not, at this time, exist.

Considering the sheer size and social penetration of its police and imprisonment apparatus, the United States is not only a police state, but the biggest police state in the world, by far: the police state against whose dimensions all other police systems on Earth must be measured.

By now, even the most insulated, xenophobic resident of the Nebraska farm belt knows that the U.S. incarcerates more people than any country in the world. He might not know that 25 percent of prison inmates in the world are locked up in the U.S., or that African Americans comprise one out of every eight of the planet’s prisoners. But, that Nebraska farmer is probably aware that America is number one in the prisons business. He probably approves. God bless the police state.

For the American media, including lots of media that claim to be of the Left, it is axiomatic that China is a police state. And maybe, by some standards, it is. But, according to United Nations figures, China is 87th in the world in the proportion of its people who are imprisoned. China is a billion people bigger than the United States – more than four times the population – yet U.S. prisons house in excess of 600,000 more people than China does. The Chinese prison population is just 70 percent of the American Gulag. That’s quite interesting because, non-whites make up about 70 percent of U.S. prisons. That means, the Black, brown, yellow and red populations of U.S. prisons number roughly the same as all of China’s incarcerated persons. Let me emphasize that: The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.

Solitary confinement beyond 15 days at a stretch crosses the line of torture.”

However, police states must be measured by conditions behind the bars, as well as raw numbers of inmates. And, by that standard, the American Gulag is even more monstrous.

Civilized people now recognize that solitary confinement is a form of torture. The United Nations Special Rapporteur on Torture, Juan Mendez, reports that solitary confinement beyond 15 days at a stretch crosses the line of torture, yet, as Al Jazeera recently reported, it is typical for hundred of thousands of U.S. prisoners to spend 30 or 60 days in solitary at a stretch. Twenty thousand are held in perpetual isolation in so-called supermax prisons – that is, they exist in a perpetual state of torture. Studies now show that, all told, 80,000 U.S. prisoners are locked up in solitary on any given day.That’s as many tortured people as the entire prison system of Germany, or of England, Scotland and Wales, combined.

If that is not a police state, then no such thing exists on planet Earth.

For Black Agenda Radio, I’m Glen Ford. On the web, go to Black Agenda Report.

BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.

 

Congress Unlocks America’s Hidden Shame of Solitary Confinement June 20, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture.
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Published on Wednesday, June 20, 2012 by The Guardian/UK

 

Imagine a place filled with closed, windowless cells. Each cell may be so small that you can extend your arms and touch the side walls. It may contain a bunk of poured concrete, a toilet, perhaps a small table and stool. A few personal possessions – books, family photos – may be permitted, or they may not. The door to the cell is solid steel.Approximately 80,000 prisoners are held in solitary confinement, which has been labelled torture by the UN, in US prisons. (Photograph: Brennan Linsley/Pool/Reuters)

Three times a day, a food tray slides in through a slot in the door; when that happens you may briefly see a hand, or exchange a few words with a guard. It is your only human contact for the day. Five times a week, you are allowed an hour of solitary exercise in a concrete-walled yard about the same size as your cell. The yard is empty, but if you look straight up, you can catch a glimpse of sky.

Imagine that a quarter of the people who live in this place are mentally ill. Some have entered the cells with underlying psychiatric disabilities, while others have been driven mad by the confinement and isolation. Some of them scream in desperation all day and night. Others cut themselves, or smear their cells with feces. A number manage to commit suicide in their cells.

You may remain in this place for months, years, or even decades. The conditions in which you live have been denounced as torture by UN officials and by a host of human rights, civil liberties, and religious groups. And yet you remain where you are.

This place is located not in some distant authoritarian nation or secret black site abroad, but here on US soil. In fact, there are places like it in nearly every state in the union, within sight of our own cities and towns. On any given day in the United States, supermax prison and solitary confinement units hold at least 80,000 men, women, and children in conditions of extreme isolation and sensory deprivation.

Most of them have committed nonviolent offenses against prison rules or have been categorically branded as “high risk”. A large and disproportionate percentage suffer from serious mental illness. Some of them are children. Condemned to solitary by prison officials, they spend 23 hours a day in their cells without work, rehabilitative programming, or human contact of any kind.

What remains to be seen is whether Congress will take further action to curb this failed and torturous practice.

These prisoners live out of sight of the public and the press. Their conditions have, with few exceptions, been condoned by the courts and ignored by elected officials. As a result, over the past three decades, the use and abuse of solitary confinement in US prisons has grown into one of the nation’s most pressing domestic human rights issues – yet it also remains one of the most invisible.

On Tuesday, for the first time, the US Congress has taken a look at these domestic black sites. The Senate judiciary subcommittee on the constitution, civil rights, and human rights held a hearing in which corrections officials, lawyers, and mental health experts – along with one lone survivor of prison isolation – testified to the “human rights, fiscal, and public safety consequences” of solitary confinement.

For evidence of humanitarian consequences, the senators need only turn to their colleague John McCain, who spent two years in solitary confinement as a prisoner of war in Vietnam (in a cell somewhat larger than those in most American supermaxes). “It’s an awful thing, solitary,” McCain later wrote. “It crushes your spirit and weakens your resistance more effectively than any other form of mistreatment.”

As for fiscal and public safety consequences, the subcommittee members can look to evidence-based research that keeping prisoners in solitary confinement costs two to three times more than keeping them in the general population, and is likely to increase both prison violence and recidivism. Or they can study the example of the few states – including Maine and Mississippi – that dramatically reduced the number of prisoners they keep in isolation, with positive results.

What remains to be seen is whether Congress will take further action to curb this failed and torturous practice. Given the political will, the subcommittee could begin by holding more hearings around the country, while its staff carries out an investigation that opens up to public scrutiny the tormented inner workings of supermax prisons and solitary confinement units.

An independent federal body with the absolute right to enter and report on prisons could go even further in exposing abusive conditions. Legislation could then force the creation and adoption of federal standards for the treatment of prisoners, which states would have to meet in order to receive federal funds.

All of this depends upon our elected leaders taking seriously the notion that all Americans – including prisoners – have an absolute right to immunity from torture by the state. That is likely to happen any time soon, but until it does, unimaginable things will keep taking place at black sites in our own backyards.

© 2012 Guardian News and Media Limited

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James Ridgeway

James Ridgeway is senior Washington correspondent for Mother Jones, and co-editor of Solitary Watch. James began his career as a contributor to the New Republic, Ramparts and the Wall Street Journal. Later, he was co-founder and editor of the political newsletters Mayday, Hard Times and the Elements.

 

Bradley Manning’s treatment was cruel and inhuman, UN torture chief rules March 13, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture.
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UN special rapporteur on torture’s findings likely to reignite criticism of US government’s treatment of WikiLeaks suspect

 

  • guardian.co.uk,             Monday 12 March 2012 13.41 GMT

 

Bradley Manning at Fort Meade, Maryland

Bradley Manning has been charged on 22 counts, including aiding the enemy. Photograph: Mark Wilson/Getty Images

The UN special rapporteur on torture has formally accused the US government of cruel, inhuman and degrading treatment towards Bradley Manning, the US soldier who was held in solitary confinement for almost a year on suspicion of being the WikiLeaks source.

Juan Mendez has completed a 14-month investigation into the treatment of Manning since the soldier’s arrest at a US military base in May 2010. He concludes that the US military was at least culpable of cruel and inhumane treatment in keeping Manning locked up alone for 23 hours a day over an 11-month period in conditions that he also found might have constituted torture.

“The special rapporteur concludes that imposing seriously punitive conditions of detention on someone who has not been found guilty of any crime is a violation of his right to physical and psychological integrity as well as of his presumption of innocence,” Mendez writes.

The findings of cruel and inhuman treatment are published as an addendum to the special rapporteur’s report to the UN general assembly on the promotion and protection of human rights.  They are likely to reignite criticism of the US government’s harsh treatment of Manning ahead of his court martial later this year.

Manning, 24, was arrested on May 29 2010 at the Forward Operating Base Hammer outside Baghdad, where he was working as an intelligence analyst. Manning has been charged with 22 counts, including aiding the enemy, relating to the leaking a massive trove of state secrets to the whistleblowing website WikiLeaks.

Mendez, who runs the UN office that investigates incidents of alleged torture around the world, told the Guardian: “I conclude that the 11 months under conditions of solitary confinement (regardless of the name given to his regime by the prison authorities) constitutes at a minimum cruel, inhuman and degrading treatment in violation of article 16 of the convention against torture. If the effects in regards to pain and suffering inflicted on Manning were more severe, they could constitute torture.”

Manning was initially held for almost three months at Camp Arifjan in Kuwait, and then transferred in July 2010 to the Marine corps base at Quantico in Virginia. He was held there for another eight months in conditions that aroused widespread condemnation, including being held in solitary confinement for 23 hours a day and being made to strip naked at night.

In his opening letter to the US government on December 30 2010, Mendez said that the prolonged period of isolated confinment was believed to have been imposed “in an effort to coerce him into ‘cooperation’ with the authorities, allegedly for the purpose of persuading him to implicate others.”

It is known that the US department of justice is conducting a grand jury in Virginia exploring the possibility of bringing charges against Julian Assange, the WikiLeaks founder.

The US mission to the UN in Geneva responded to Mendez on January 27 2011. It said that the US government “is committed to protecting human rights in our country and abroad, and we value the work of the special rapporteur”.

In a later letter, dated May 19 2011, the Pentagon’s legal counsel told Mendez that it was satisfied that Manning’s treatment at Quantico had been fine. “Though Private Manning was classified as a maximum custody detainee at Quantico, he occupied the very same type of single-occupancy cell that all other pretrial detainees occupied.”

But the Pentagon’s arguments did not impress the special rapporteur. He stressed in his final conclusions that “solitary confinement is a harsh measure which may cause serious psychological and physiological adverse effects on individuals regardless of their specific conditions.” Moreover, “[d]epending on the specific reason for its application, conditions, length, effects and other circumstances, solitary confinement can amount to a breach of article seven of the international covenant on civil and political rights, and to an act defined in article one or article 16 of the convention against torture.”

He also said that the US government had tried to justify Manning’s solitary confinement by calling it “prevention of harm watch”. Yet the military had offered no details as to what actual harm was being prevented.

Mendez told the Guardian that he could not reach a definitive conclusion on whether Manning had been tortured because he has consistently been denied permission by the US military to interview the prisoner under acceptable circumstances.

The Pentagon has refused to allow Mendez to see Manning in private, insisting that all conversations must be monitored. “You should have no expectation of privacy in your communications with Private Manning,” the Pentagon wrote.

The lack of privacy is a violation of human rights procedures, the UN says, and considered unacceptable by the UN special rapporteur.

Manning’s travails in solitary confinement came to an end on April 20 2011 when he was transferred from Quantico to Fort Leavenworth in Kansas, where he was held in more open conditions. He is currently being held in a facility in Virginia so that he can make frequent pre-trial appearances at Fort Meade in Maryland ahead of his eventual court martial.

Ten Years of Guantanamo: One of the Prison’s First Detainees Breaks His Silence January 10, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture, War on Terror.
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Tuesday 10 January 2012
by: Jason Leopold, Truthout         | Interview

David Hicks, author of “Guantanamo: My Journey.” (Image: Random House Australia)

To mark the tenth anniversary of the opening of the Guantanamo Bay prison to house “war on terror” detainees captured after 9/11, Truthout will republish a handful of exclusive reports by Jason Leopold about the facility.

This exclsuive interview with former Guantanamo detainee David Hicks was originally published on Truthout on February 16, 2011.

David Hicks was the Australian drifter who, years before 9/11, converted to Islam, changed his name to Muhammed Dawood and ended up at training camps in Afghanistan the US government said was linked to al-Qaeda.

Hicks was picked up at a taxi stand by the Northern Alliance in November 2001 and sold to US forces for about $1,500. Hicks was detainee 002, the second person processed into Guantanamo on January 11, 2002, the day the facility opened. He is one of the small group of detainees who challenged President George W. Bush’s November 13, 2001 executive order authorizing indefinite detention, which led to a landmark 2004 Supreme Court case, Rasul v. Bush, in which the High-Court said detainees have the right to habeas corpus.

Hicks spent five-and-a-half years at Guantanamo, where he was tortured. In 2007, he agreed to plead guilty to a charge of providing material support for terrorism in order to finally be freed from Guantanamo. In October 2010, he published a memoir, “Guantanamo: My Journey.” The book is unavailable in the United States and is not available for sale on Amazon or other online booksellers to US readers.

This is his first interview Hicks gave following his release from the “least worst place” on earth.

Please click here to read the main story about David Hicks, which includes exclusive interviews with former Guantanamo guards who he interacted with, one of whom was barred from reenlistment in the Army reserves for speaking to Truthout about his experience.

Truthout: Can you describe for me what you felt, emotionally, as you were writing the book and having to relive the torture you were subjected to?

David Hicks: At times I wrote as a third person, as if I was writing a chronological research report as part of my day job. At other times I had moments of vivid clarity. I would stop typing, sit back, and stare into nothing. The smells, sounds, the feeling of actually being there came flooding back as if had been transported to the camps of Guantanamo, clearly remembering what it was like to have actually been there.

TO: Solitary confinement appears to be among the worst of all the terrible experiences prisoners faced at Guantanamo. Can you explain what it does to you in a way that Americans, with no experience of such things, can understand what such isolation, especially with no knowledge of how long it will last, does to a person?

DH: Solitary and indefinite detention are two different things and are devastating when combined. Isolation has a powerful impact on the mind, especially when coupled with incommunicado detention as in GTMO. Everything outside the four walls is quickly forgotten. With no mental stimulation the mind becomes confused and dull. That state of mind is an advantage to interrogators who manipulate every aspect of your environment. They create a new world reality. Time ceases to exist. Talking becomes difficult, so when conversations do take place, you cannot form words or think. Even when hostility is not present such as during a visit with a lawyer or International Committee of the Red Cross (ICRC) visit, coherent sentences become elusive and huge mental blanks become common, as though you are forgetting the very act of speaking. Everything you think and know is dictated by the interrogators. You become fully dependent with a childlike reliance on your captors. They pull you apart and put you back together, dismantling into smaller pieces each time, until you become something different, their creation, when eventually reassembled. Indefinite detention is draining and cruel. Only after five and a half years when I had been promised a date of release did the intense battle with insanity subside, and that I started to feel a little more normal again. I finally had some certainty and felt a glimmer of control return. I began to remember that another world existed and could once again dream about what that world used to feel like. Indefinite detention is draining because you are taken prisoner and thrown into a cage. No reason is given or any relevant information or explanation offered. There are no accusations, no court rooms or judges. Nobody informs “you will be here for X amount of time.” It’s an impossible situation to accept and every minute is spent silently asking and hoping, “this cannot last forever, I will have to be released soon‚”. But when the mind is so desperate, when you are on your last legs, you can’t let go of the thought that you could be released any moment, even if all seems lost and hopeless. In a strange way it is one of those things the mind latches onto for a source of strength, a reason to keep going: false hopes and dreams are better than nothing.

TO: What do you believe gave you the strength to survive in such terrible conditions? Have you sought medical or psychological help since returning? If so, has it helped you?

DH: I survived because I had no choice, as many of us may unfortunately experience at some time in our lives. It was a psychological battle, a serious and dangerous one. It was a constant struggle not to lose my sanity and go mad. It would have been so easy just to let go: it offered the only escape. I have attended regular counseling since being released. It has helped but the passing of time has been just as helpful. Being exposed to such a consuming environment for five and a half years leaves a stain that cannot be removed overnight. It will take longer to reverse the consequences but even so, some experiences, especially one so prolonged, can never be entirely forgotten. I shudder to think what state of mind those who are still detained in GTMO must be in, and wonder how damaged they will be upon release. If they are released. At the time of writing, the US government is seriously considering enacting indefinite detention into law. It is hard to comprehend that they will effectively sentence someone to life in prison, without ever being charged, accused of breaking a law, or not even being told why they are being held. As with medical experimentation, indefinite detention on its own is a form of torture which causes mental anguish.

TO: At what moment in your mind did you begin to realize or understand that you were being tortured?

DH: I was beaten by US forces the first time I saw them and realized straight away that torture was going to be a reality, it was very scary. As I say in my book, I could not help thinking of the saying, “like trying to get blood from a stone,” and I was afraid of becoming that stone.

TO: What do you think makes a human being torture another human being?

DH: In Guantanamo torture was driven by anger and frustration. It seemed like a mad fruitless quest to pin crimes on detainees, to extract false confessions, and produce so-called intelligence of value. The guards were desensitized and detainees de-humanized. Soldiers were not allowed to engage us in conversation. They were told to address us by number only and not by name. They were constantly drilled with propaganda about how much we supposedly hated them and wanted them dead and how much they needed to hate us. On occasion, when some groups of soldiers jogged around the camp perimeters I heard them sing lyrics such as, ‘you hate us and we hate you.’ One time in the privacy of Camp Echo a male soldier broke down when we were alone repeating, “what have I become?‚” after having arrived from an interrogation of a detainee in another camp.

TO: Can you describe for me the facial expressions of the interrogators and /or the guards as you were being abused? How did they react to your pain?

DH: Usually the guards seemed cold and indifferent. They deployed a “just doing my job‚” attitude, such as when they chained me to the floor in stress positions or made me sleep directly on a metal or concrete floor in a very cold air-conditioned room in only a pair of shorts. However some soldiers displayed discomfort and embarrassment. Usually guards were only used to restrain detainees, move them about, or help in the back ground with equipment. It was the interrogators who did the dirty work, expressing, hatred and frustration. At times soldiers did participate directly in beatings however, such the beatings I received before I arrived in GTMO (in Afghanistan, in transit, or when I was rendered to the two ships). These soldiers made a sport of it.

TO: Did any US soldier or any US official present at Guantanamo during your interrogations ever speak out about your torture or the torture of other detainees?

DH: If you mean protest during the act of torture, never. Many soldiers in private however apologized for what their government was doing to us and emphasized that not all Americans were like that or agreed with such treatment.

TO: Were you ever interrogated by anyone from the CIA?

DH: Some interrogators stated which agencies they represented, some didn’t, while others lied about who they worked for. To the best of my knowledge I was seen by the CIA, FBI, US military intelligence, MI5 from the UK, ASIO and the AFP from Australia. There were other organizations working in GTMO, some I had never heard of before.

TO: In your book you write: “These beatings and other activities were systematic and ordered from above, not the result of low- ranking MPs looking for ways to have some fun.” Did anyone ever state who from above ordered the beatings?

DH: The soldiers were very open about where their orders came from and interrogators never allowed us to forget that they controlled every aspect of our lives; whether it was torturing us, allowing us a shower, clothing, or a letter from home. Then there were examples such as when General [Geoffrey] Miller took over camp procedures in early 2003. He unleashed a new wave of interrogation techniques upon us. Each new General, and wave of interrogators who were accompanied by experts from various professions, brought newly signed orders from Department of Justice employees allowing ever harsher techniques.

TO: Have you read the torture memos written by former Justice Department attorneys John Yoo and Jay Bybee? Were you ever subjected to torture techniques described in those memos?

DH: I have read them but it was some time ago and I cannot currently recollect all that they contained. Some of the techniques I was subjected to from the memos was being chained to the floor, known as “stress positions.” Sleep deprivation was an everyday occurrence during all of the years I spent in GTMO. Noise manipulation also happened often depending on what camp I was in. They used chainsaw motors and loud music in Camp Delta. They used temperature extremes on me, which meant subjecting me to the freezing cold because they knew I have a low tolerance to the cold. Sensory deprivation, prolonged isolation and other psychological manipulation techniques were also used on me (injecting me with substances, giving me cold and sometimes green food such as eggs, putting cameras up on the ceiling). They also used techniques that exploited my fears.

TO: You write that at Camp Echo that guards were placed to observe you constantly and that they wrote notes about your every behavior. Did you ever ask these guards what their instructions were, or if they knew what their superiors did with these notes? Did they ever tell you?

DH: We were observed in all camps. Guards always carried a pen and note book having been ordered to write down everything we did, including the trivial such as what we did to pass the time and what we spoke about when other detainees were around. They even recorded how we went to the bathroom, i.e. did we shield ourselves from neighboring detainees or guards and if so, how? Nothing went un-noted. This information was combined with personality traits learnt from interrogations, ranging from how we spoke to how we responded to the so called “enhanced interrogation techniques.” The end result was the US government compiling files on each of us, including a micro level psychoanalysis. They knew our likes and dislikes, fears and weaknesses. These files were then used against us in interrogation and in daily camp life. It was about crushing and defeating us, to make us become so desperate that we would do and agree to anything to escape. Collecting this information and what they used it for was no secret and some guards explained this program when in private. In Camp Echo guards who sat outside our cages staring at us twenty four hours a day had to write what we were doing every fifteen minutes night and day. The interrogation rooms of Camp Delta had an entire wall as a one way observation glass. Behind these walls sat teams of so-called experts: Intelligence officers, behavioral scientists, psychologists; people who made conclusions upon which they decided what techniques were to be employed. By this I mean what programs the detainee would be subjected to in his cage such as sleep deprivation, noise or food ‚Äòmanipulation‚Äô. There was no shortage of ideas, resources, expertise, or personnel. A lot of effort went into these customized interrogations. Nothing was private. We were violated internally, psychologically, spiritually. They probed and tinkered in recesses so deep; parts of ourselves we are not conscious of or in touch with in our daily lives and may not even connect with and discover in our lifetimes.

TO: Did you ever meet separately with a psychologist or psychiatrist when at Guantanamo, for ostensibly psychological reasons, either a psychological test or assessment, or for supposed treatment of any sort?

DH: No, but they did approach me occasionally during the last year or so I spent in GTMO to see if I would talk and cooperate. Apart from their contributions in interrogations they were always lurking in the back ground, waiting to “help a detainee,” but to really act as another prong to interrogation. If a detainee even whispered for such medical intervention a “mental health expert,” would appear with a pocket of unknown medication and a long list of probing questions. They were not there to help, but to harm. We knew this and so I always refused to speak with them when they offered. If I did speak with them, such as the period when I eventually, after two years, had limited access to a lawyer for example, the questions would have been centered on how I intended to defend myself and any court actions I was considering. All they wanted was information, or to find a new way to defeat you.

TO: Were psychologists and/or medical professionals present at all interrogations? Were the interrogations ever stopped to check your heart rate and/or pulse?

DH: The major physical beatings I endured occurred in Afghanistan, during transportation and en-route to GTMO. During those sessions, one was around 10 hours, my vital signs were checked often. In GTMO medical personnel were not in the same room as me during actual interrogations but from my understanding they were monitoring my interrogations from behind the one way glass in Camp Delta. For other detainees, such as those being shocked or water boarded, medical personnel were present, or if drugs were being administrated during interrogation as I describe in my book when they extracted false confessions from one of the UK detainees. They were present when I was injected in the spine, but that experience is one that I don’t like to talk about.

TO: Have your attorneys tried to get a copy of your medical records?

DH: Yes, but with no luck. We gave up thinking me might be allowed to see them long ago. Even upon return to Australian where I was forced to spend the first seven months in isolated detention as part of the agreement to get out of GTMO. My family requested an independent blood test be taken on my return to Australia. They were refused without an excuse. It was nearly eight months since GTMO and about a year since being given medication before I was allowed to have my first blood test. I was informed that too much time had passed to see what I had been given.

TO: During your interrogations, did the interrogators ever ask you questions about Iraq ?

DH: No, the policy of incommunicado was strictly enforced, for years we knew absolutely nothing about the outside world. We weren’t even meant to know the time of day, let alone our location, especially any news. The first time I learnt about the war in Iraq was the end of 2003. A guard was kind enough to allow me to read his copy of FHM magazine and it contained an article about the US invasion, otherwise I would not have known. Rumors of a war in Iraq did not begin to circulate amongst the detainees until 2004 and was viewed with skepticism by most. The military did not inform us officially of the Iraq invasion until late 2006 by placing large posters of Saddam hanging from a noose around the camps with slogans splashed across the front like, “this could be you.” It was only then that detainees believed that the war had taken place.

TO: You have written eloquently of your terrible experience with what you say was medical experimentation, calling it the worst and darkest of your experiences there. Have you talked with any other detainees about whether they had similar experiences? How do you think about it now?

DH: When I was injected in the back of the neck I was being held in isolation, so I was unable to discuss what had happened with other detainees. A year passed before I was eventually able to see and communicate with fellow detainees, and I am unable to remember today if I discussed that particular personal experience with them. We did discuss medical experimentation in general however. A detainee with UK citizenship described being injected daily, resulting in one of his testicles becoming swollen and racked with pain. Along with these daily injections he was subjected to mind games by interrogators, medical personnel, and guards whom worked as a team. Under these conditions they were able to extract written false confessions from him. How I experienced the injection at the base of my neck is described in detail in my book. In a nutshell, I felt my soul had been violated. That is just one experience I had with medication. There were many pills and injections, plus constant blood tests over the years. Everybody regardless of their citizenship should acknowledge that medical experimentation, whether on human beings or animals, is unacceptable. As with animals, we were held as prisoners when these procedures were forced upon us against our will. And as with animals, we were voiceless.

TO: Did any interrogator or other official working for the US government ever use the word “torture” or “experiment” as you were being interrogated?

DH: I don’t remember the word torture being used but there were many ways to imply it. After a torture session for example an interrogator would just say, “the treatment you have recently endured can always be repeated,” and threats were often made referring to past treatment or what was happening to other detainees. Guards often alluded to GTMO as being a big laboratory where we were subjected to their government’s well-honed techniques. I remember in the early days while being held aboard a US ship when a soldier said, “be strong man no matter what they do to you, just keep your head in God man,”. It didn’t leave me with much confidence.

TO: Did you ever sign any document stating that you consented to the medications/injections you received? Did anyone ever ask you to sign such a document?

DH: I had two surgeries while in GTMO. One was for a double hernia, while the other was to remove painful golf ball size lumps on my chest. The cause of the lumps or what they were was never explained to me but research since my release indicates that it was either the mediations I was forced to take or the extreme stress levels may have been responsible. On the two occasions I was operated on I was asked to sign a consent form, which I did. However my permission was not sought nor had I any choice when it came to being forced fed tablets, or the numerous injections that we were all given. Many blood tests were also taken consistently over the years I was detained.

TO: How typical was it, do you think, that interrogators attempted to get prisoners to become agents for their government?

DH: Interrogators attempted to bribe detainees with food, bed sheets, toilet paper and other “luxuries‚” to become spies and to give information about other detainees. On occasion some detainees in GTMO became so drained and broken that they would succumb to the temptation. Interrogators tried everything to make detainees “confess,” including being asked to lie via imagination or simply to agree to an interrogator’s theories. Interrogators became desperate with the passing of time to find and pin actual crimes on detainees, and paper trails have shown they were willing to manipulate evidence in their favor. There was one time in 2003 when we were all asked if we would work for the US government performing secret operations off the island, somewhere abroad. Nearly every detainee laughed at this question and word quickly spread so we knew we weren’t alone. Apparently the proposition was a part of their profiling system. Interrogators worked around the clock to break us. Once broken, detainees were asked to agree to anything by interrogators, to repeat after them, to sign confessions, to be false witnesses, or to sow discord amongst detainees.

TO: When did you become aware that journalists were writing about torture at Guantanamo and at prisons in Iraq and Afghanistan?

DH: Not until the photos from Abu Ghraib in Iraq had become public. I found the public debate interesting. At first it was, “are they being tortured or not.” Then once torture was confirmed, the debate evolved to, “is it acceptable, is it justified, is it legal?” I am surprised by how many people still try to justify torture and support it as government policy, as an extra “necessary” tool to tackle terrorism.

TO: Do you know if any prisoners ever died at Guantanamo while you were there?

DH: Four died during my time in Guantanamo.

TO: Have you heard about the three prisoners who allegedly committed suicide in June 2006? Do you know anything about them? Do you believe they committed suicide?

DH: Suicide is possible in that situation, but evidence has emerged in various forms and from various sources suggesting foul play. Some witnesses are soldiers and have said that they believe that the detainees were “accidentally‚” killed during an interrogation at a secret camp on the island called “Camp No‚” as in no, it doesn’t exist. It seems they pushed their dangerous techniques too far. The fact that the organs were removed from the bodies so that an independent autopsy could not be carried out raises more questions than answers. This topic is covered in detail in my book with researched references pointing to foul play.

TO: Did you ever interact with Shaker Aamer, the last British resident still held at Guantanamo?

DH: I saw him on the odd occasion over the years and exchanged greetings, otherwise I never had the chance to talk or interact with him. The military has often kept him separated from other detainees and I believe subjected him to horrific treatment. When I left GTMO in early 2007 I knew that he was being held in isolation in Camp Echo because that is where I was. Whenever I saw him he always looked so skinny, weak, and tired. I cannot understand why they continue to hold him and the nearly two hundred men still detained there.

TO: Were dogs ever used to invoke fear in you? You describe the use of chainsaws in your book. What was the purpose of this?

DH: Not personally, dogs were mainly used against detainees known to have a fear of them. Our individual fears and weaknesses were used against us as customized interrogations. The chainsaw engines kept at full revs were used as part of their noise manipulation program. It prevented detainees from communicating with each other, prevented sleep, and basically drove us mad.

TO: Can you tell me whether you have any flashbacks and if so what triggers it? When that happens, what do you start to feel?

DH: Day time flashbacks consist of those moments of vivid clarity as I described previously, but it is the dreams that are the worst. I see myself having to begin the long process of imprisonment again accompanied with vivid feelings of hopelessness and no knowledge of the future or how long it will last. The other dreams consist of gruesome medical experimentations too horrible to describe. Losing my personality, my identity, memories and self is much more frightening to me than any physical harm. It is these dreams that are the most common and terrifying.

TO: Do you remember former Guantanamo guards Brandon Neely and Albert Melise?

DH: Unfortunately, I don’t remember Neely from Camp X-ray, it was a very confusing time for me. We established contact last year, but I became aware of Neely some time ago when he flew to the UK and publicly met some of the former UK detainees. He apologized for what he and his government had done. He is a brave man and I admire his courage and moral values so it was an honor to speak with him. I remember the polite and respectful soldiers, and the bad, but especially the good men and women I spent time with privately, such as in Camp Echo. One of those good men is Albert Melise who made contact with me to apologize, to offer help, and to see if I was alright. I remember him well because he did what he could in that controlled high security environment to help slow the deterioration of my sanity for the few months I spent with him. He is another brave man that I respect and admire, to add his voice to the growing number of witnesses that are coming forward to publicly share the truth and expose that shameful time in our history. Melise did a lot to help me in those dark times, and it was a joy to hear his voice that first time as a free man. I hope to gather enough funds so I can fly these two men to Australia to thank them personally and show my gratitude for their friendship and trust. I’d like to show them my hospitality and my country, and to show them how much I appreciate their past kindness and current bravery. Neely and Melise were not alone in covertly showing humanity to myself and other detainees whenever they had the opportunity. A handshake, an apology (though that responsibility shouldn’t have to have been shouldered by them), even a simple hello and a smile goes a long way in an environment drowning in hostility and hatred. There were other soldiers who helped me in their own way and apologized for what was happening when no one else was around. As bad as that place was, and some of the people who worked there, they were all human and there is good in all of us. A good percentage of the soldiers were very young and most were only reservists who had never expected to be deployed. It was always interesting to watch the shock on their faces when they first entered the camps, a scene they had often seen only in old war movies and the realization that their government “did torture.” Some of these poor souls suffered greatly as they experienced the “other” America and struggled to carry out questionable orders. It is not just the tortured who suffer.

TO: What do you think should happen, if anything, to the individuals who tortured you and the government officials who sanctioned it?

DH: As for the soldiers I don’t think “following orders” is an excuse. Interrogators should be disciplined and charged if found to have acted illegally. All medical personnel who participated in interrogations, whether doctors, nurses, corpsman, psychologists and psychiatrists should be investigated and banned from practicing, even if they only gave advice or kept silent if aware of what was happening. I also think that the highest ranking military officials, politicians, and lawyers who created and supported the system need to go in front of an international court.

But these are not the only issues. GTMO should be closed, torture abolished, military commissions scrapped, renditions ceased, indefinite detention should be a thing of the past, and people (including children) should no longer be made to “disappear” into unknown black site prisons.

Justice is coming slowly however. Former Guantanamo soldiers, translators, FBI and other US employees, even prosecutors, have gone public to expose the truth of GTMO and many documents have made it into the public realm. Spain and Germany had begun the process of prosecuting former president Bush and members of his regime but after being pressured by the US they dropped the proceedings. The latest country said to be exploring the possibility of prosecuting US officials is Poland for the US using its soil in its rendition program. Last year Italy convicted 26 CIA agents in absentia for their involvement in kidnapping an Italian citizen and then dumping him in the woods near his home in the middle of the night a year later. The former UK detainees were recently paid just over a million pounds each in compensation and the Australian government has just paid compensation to the other Australian who was held in GTMO after being tortured in Egypt. In both instances these men were required to drop their court cases against the state. Wikileaks has been another vehicle shedding light on what took place at GTMO and beyond, exposing those responsible for illegal acts. Sometime this year about thirteen hundred diplomatic cables are to be released concerning Australia. I have been told to look out for information concerning my case. Especially cables that talk about the treatment I was receiving, and who was involved with the political interference and creation of the plea deal that I was forced to sign if I was ever to come home. I will be watching with great interest once all that information comes to light.

TO: Is there anything the US government or the Australian government told you that you can never speak about?

There was a one year gag order upon my release and I had to sign a plea agreement that said I had never been mistreated by US officials or their employees while in US detention. I am also not allowed to challenge or “collaterally attack‚” my conviction, seek compensation or other remedies, or sue anyone for my illegal imprisonment and treatment. I have been advised that no court would uphold the plea agreement.

TO: There aren’t many Caucasians at Guantanamo? How were you treated by the other detainees? And now that you’ve been released, how have you been treated by the public?

DH: There weren’t many Caucasians at GTMO but I wasn’t the only one. Before the release of detainees began there must have been close to forty European citizens spread between eight or nine western European countries. Usually most detainees treated each other the same regardless of their geo-political or cultural background. The Australian public has been wonderful; very welcoming, glad to see me home and very helpful. I often have people approach me to say hello.

TO: How did you and your wife Aloysia meet?

DH: Aloysia has been involved in human rights activism for years and in her efforts for social justice became involved in the Australian campaign to see me released from Guantanamo bay. Over the years she came to know my dad quite well, and he played a part in our relationship.

TO: You have a long life ahead of you. What would you like to accomplish? What are your hopes and dreams?

DH: When I was released I wondered if refugees newly arrived in a country felt similar. I had to begin a new life from the beginning, from collecting a set of identification papers to such privileges as a vehicle license and obtaining a Medicare card. Despite long term plans such as owning a home I have been taking a day at a time, receiving treatment for physical and mental injuries, finding employment and working, and when I get the chance or in the mood fishing or socializing. Writing my book for two years took up a lot of my time, as does keeping abreast of all the continuous developments regarding GTMO, the so-called war on terror and its related policies, and those whose lives (detained or not) they continue to effect, including my own. Life is very busy for me. Finding the love of my life has been my biggest accomplishment, of course! And then writing my book. Otherwise there is a lot of work left to do and in the years to come I will continue to rebuild my life, seek normality, and to live in peace with the hardships of the past far behind me.

Guantánamo Prisoners Stage Peaceful Protest and Hunger Strike on 10th Anniversary of the Opening of the Prison January 10, 2012

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Torture, War on Terror.
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10.1.12

Today, prisoners at Guantánamo will embark on a peaceful protest, involving sit-ins and hunger strikes, to protest about their continued detention, and the continued existence of the prison at Guantánamo Bay, Cuba, three years after President Obama came to office promising to close it within a year, and to show their appreciation of the protests being mounted on their behalf  by US citizens, who are gathering in Washington D.C. on Wednesday to stage a rally and march to urge the President to fulfill his broken promise.

Ramzi Kassem, a law professor at the City University of New York, and one of the attorneys for Shaker Aamer, the last British resident in Guantánamo, said that his client, who is held in isolation in Camp 5, told him on his last visit that the prisoners would embark on a peaceful protest and hunger strike for three days, from Jan. 10 to 12, to protest about the President’s failure to close Guantánamo as promised.

He explained that the men intended to inform the Officer in Charge ahead of the protest, to let the authorities know why there would be protests, and added that the prisoners were encouraged by the “expression of solidarity” from US citizens planning protests on Jan. 11, the 10th anniversary of the opening of the prison.

Kassem also said that another of his clients, in Camp 6, where most of the prisoners are held, and where, unlike Camp 5, they are allowed to socialize, stated that prisoners throughout the blocks were “extremely encouraged” by reports of the protests in Washington D.C.

The prisoner, who does not wish to be identified, also said that banners and signs had been prepared, and that there would be peaceful sit-ins in the communal areas. He added that the prisoners were concerned to let the outside world know that they still reject the injustice of their imprisonment, and feel that it is particularly important to let everyone know this, when the US government, under President Obama, is trying to persuade the world that “everything is OK” at Guantánamo, and that the prison is a humane, state of the art facility.

He also explained that the prisoners invited the press to come to Guantánamo and to request interviews with the prisoners, to hear about “the toll of a decade” of detention without charge or trial, and said that they “would like nothing more” than to have an independent civilian and medical delegation, accompanied by the press, be allowed to come and talk to the 171 men still held.

In Camp 5, Shaker Aamer and the other men still held there will not be able to stage a sit-in, as they are unable to leave their cells, but they will participate in the protests by refusing meals.

No one knows how the authorities will respond to the protests, especially as the new commander of Guantánamo, Navy Rear Adm. David Woods, has gained a reputation for punishing even the most minor infractions of the rules with solitary confinement.

According to Kassem, prisoners have complained that the new regime harks back to the worst days of Guantánamo, between 2002 and 2004, when punishments for non-cooperation were widespread.

Of the 171 men still held at Guantánamo, 89 were “approved for transfer” out of Guantánamo by a Task Force of career officials and lawyers from the various government departments and the intelligence agencies, and yet they remain held because of Congressional opposition and President Obama’s unwillingness to tackle his critics. 36 others were recommended for trials, and 46 others were designated for indefinite detention without charge pr trial, on the basis that they are too dangerous to release, but that there is insufficient evidence against them to put them on trial.

That is a disgraceful position for the government to take, as indefinite detention on the basis of information that cannot be used as evidence indicates that the information is either tainted by torture, or is unreliable hearsay. It remains unacceptable that President Obama approved the indefinite detention of these men in an executive order last March, even though he also promised that their cases would be subject to periodic review.

Just as disgraceful, however, is the fact that all of the 171 prisoners still at Guantánamo face indefinite detention, as none of them can leave the prison given the current restrictions. That ought to trouble anyone who cares about justice and fairness, and the protests by the prisoners, on the 10th anniversary of the opening of Guantánamo, ought to convey, more eloquently than any other method, why the pressure to close the prison must be maintained.

Note: For further information, to sign up to  a new movement to close G, and to sign a new White House petition on the “We the People” website calling for the closure of Guantánamo, visit the new website, “Close Guantánamo.”

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on Facebook, Twitter, Digg and YouTube). Also see my definitive Guantánamo prisoner list, updated in June 2011, “The Complete Guantánamo Files,” a 70-part, million-word series drawing on files released by WikiLeaks in April 2011, and details about the documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, and available on DVD here — or here for the US). Also see my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free to make a donation.

What Media Coverage Omits about US Hikers Released by Iran September 26, 2011

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Iran, Media.
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Published on Monday, September 26, 2011 by Salon.com

 

 

by Glenn Greenwald

Two American hikers imprisoned for more than two years by Iran on extremely dubious espionage charges and in highly oppressive conditions, Joshua Fattal and Shane Bauer, were released last week and spoke yesterday in Manhattan about their ordeal. Most establishment media accounts in the U.S. have predictably exploited the emotions of the drama as a means of bolstering the U.S.-is-Good/Iran-is-Evil narrative which they reflexively spout. But far more revealing is what these media accounts exclude, beginning with the important, insightful and brave remarks from the released prisoners themselves (their full press conference was broadcast this morning on Democracy Now).

 

Fattal began by recounting the horrible conditions of the prison in which they were held, including being kept virtually all day in a tiny cell alone and hearing other prisoners being beaten; he explained that, of everything that was done to them, “solitary confinement was the worst experience of all of our lives.” Bauer then noted that they were imprisoned due solely to what he called the “32 years of mutual hostility between America and Iran,” and said: “the irony is that [we] oppose U.S. policies towards Iran which perpetuate this hostility.” After complaining that the two court sessions they attended were “total shams” and that “we’d been held in almost total isolation – stripped of our rights and freedoms,” he explained:

In prison, every time we complained about our conditions, the guards would remind us of comparable conditions at Guantanamo Bay; they’d remind us of CIA prisons in other parts of the world; and conditions that Iranians and others experience in prisons in the U.S.

We do not believe that such human rights violation on the part of our government justify what has been done to us: not for a moment. However, we do believe that these actions on the part of the U.S. provide an excuse for other governments – including the government of Iran – to act in kind.

[Indeed, as harrowing and unjust as their imprisonment was, Bauer and Fattal on some level are fortunate not to have ended up in the grips of the American War on Terror detention system, where detainees remain for many more years without even the pretense of due process -- still -- to say nothing of the torture regime to which hundreds (at least) were subjected.]

Fattal then expressed “great thanks to world leaders and individuals” who worked for their release, including Hugo Chavez, the governments of Turkey and Brazil, Sean Penn, Noam Chomsky, Mohammad Ali, Cindy Sheehan, Desmond Tutu, as well as Muslims from around the world and “elements within the Iranian government,” as well as U.S. officials.

Unsurprisingly, one searches in vain for the inclusion of these facts and remarks in American media accounts of their release and subsequent press conference. Instead, typical is this ABC News story, which featured tearful and celebratory reactions from their family, detailed descriptions of their conditions and the pain and fear their family endured, and melodramatic narratives about how their “long, grueling imprisonment is over” after “781 days in Iran’s most notorious prison.” This ABC News article on their press conference features many sentences about Iran’s oppressiveness — “Hikers Return to the U.S.: ‘We Were Held Hostage’”; “we heard the screams of other prisoners being beaten” — with hardly any mention of the criticisms Fattal and Bauer voiced regarding U.S. policy that provided the excuse for their mistreatment and similar treatment which the U.S. doles out both in War on Terror prisons around the world and even domestic prisons at home.

Their story deserves the attention it is getting, and Iran deserves the criticism. But the first duty of the American “watchdog media” should be highlighting the abuses of the U.S. Government, not those of other, already-hated regimes on the other side of the world. Instead, the abuses at home are routinely suppressed while those in the Hated Nations are endlessly touted. There have been thousands of people released after being held for years and years in U.S. detention despite having done nothing wrong. Many were tortured, and many were kept imprisoned despite U.S. government knowledge of their innocence. Have you ever seen anything close to this level of media attention being devoted to their plight, to hearing how America’s lawless detention of them for years — often on a strange island, thousands of miles away from everything they know — and its systematic denial of any legal redress, devastated their families and destroyed their lives?

This is a repeat of what happened with the obsessive American media frenzy surrounding the arrest and imprisonment by Iran of Iranian-American journalist Roxana Saberi, convicted in a sham proceeding of espionage, sentenced to eight years in prison, but then ordered released by an Iranian appeals court after four months. Saberi’s case became a true cause célèbre among American journalists, with large numbers of them flamboyantly denouncing Iran and demanding her release. But when their own government imprisoned numerous journalists for many years without any charges of any kind — Al Jazeera’s Sami al-Haj in Guantanamo, Associated Press’ Bilal Hussein for more than two years in Iraq, Reuters’ photographer Ibrahim Jassan even after an Iraqi court exonerated him, and literally dozens of other journalists without charge — it was very difficult to find any mention of their cases in American media outlets.

What we find here yet again is that government-serving American establish media outlets relish the opportunity to report negatively on enemies and other adversaries of the U.S. government (that is the same mindset that accounts for the predicable, trite condescension by the New York Times toward the Wall Street protests, the same way they constantly downplayed Iraq War protests). But to exactly the same extent that they love depicting America’s Enemies as Bad, they hate reporting facts that make the U.S. Government look the same.

That’s why Fattal and Bauer receive so much attention while victims of America’s ongoing lawless detention scheme are ignored. It’s why media stars bravely denounce the conditions of Iran’s “notorious prison” while ignoring America’s own inhumane prison regime on both foreign and U.S. soil. It’s why imprisonment via sham trials in Iran stir such outrage while due-process-free imprisonment (and assassinations) by the U.S. stir so little. And it’s why so many Americans know Roxana Saberi but so few know Sami al-Haj.

An actual watchdog press is, first and foremost, eager to expose the corruption and wrongdoing of their own government. By contrast, a propaganda establishment press is eager to suppress that, and there is no better way of doing so than by obsessing on the sins of nations on the other side of the world while ignoring the ones at home. If only establishment media outlets displayed a fraction of the bravery and integrity of Josh Fattal and Shane Bauer, who had a good excuse to focus exclusively on Iran’s sins but — a mere few days after being released from a horrible, unjust ordeal — chose instead to present the full picture.

Read more at Salon.com

© 2011 Salon.com

Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “How Would a Patriot Act?,” a critique of the Bush administration’s use of executive power, released in May 2006. His second book, “A Tragic Legacy”, examines the Bush legacy. His next book is titled “With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful.”

 

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15 Comments so far
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Posted by Paul Revere

Sep 26 2011 – 12:25pm.

” A propaganda establishment press “. Glenn, that says it all!
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Posted by Progressive101

Sep 26 2011 – 12:27pm.

Another good article by Greenwald.
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Posted by Oikos

Sep 26 2011 – 12:30pm.

Couldn’t our hikers do more to broadcast their sentiments regarding the U.S. policies towards Iran and the U.S. practice of torture and imprisonment without process? There are Facebook and other Web venues.
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Posted by der

Sep 26 2011 – 1:02pm.

For the nth time, the New York Times’ public editor has investigated Ethan Bronner’s conficts of interest for justifying Israel’s crimes, large and small, and for the nth time has found him not guilty. Something tells me the Times’ owners are getting from Bronner exactly what they pay him to do.
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Posted by Curtis

Sep 26 2011 – 1:05pm.

Maybe a travel agency can set up a trip to recreate the hike these adventurers took in Iraq. Of course it would have to stay in Iraq, but with Google Earth that shouldn’t be too hard.
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Posted by Salusa Secundus

Sep 26 2011 – 1:19pm.

Excellent article by Glenn Greenwald

The economic royalist banksters who invest in endless wars for endless profits are We The People’s truest enemies.

As I see it, they have three main weapons at their disposal:

A) Infiltration and control of the government through the rigged/money based election process

B) Infiltration and control of the Pentagon and our defense system, achieved through the corruption of the political process (A), which ensures that gov’t reps and military budget overseers remain trapped in the highly lucrative game of military spending and investiture.

C) Infiltration and control of the public’s information, through full-spectrum dominance and consolidation of the media aparatus. This is perhaps the most insidious of the usurpations by the banksters, as it normalizes the criminality and deep corruption of the first two controls. Through command of the public mouthpiece, the People will *perpetually* be told the same lies, and will have no other means of checking the validity of such narratives, other than turning to ‘underground’ sources, which by definition the mainstream is loath to do.

“Whoever controls the image and information of the past determines what and how future generations will think; whoever controls the information and images of the present determines how those same people will view the past.
—George Orwell
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Posted by marcos

Sep 26 2011 – 1:30pm.

I was imprisoned for three years in New York City federal detention centers and even given a trial. Not only are the worst abuses not in Iran, but they are not even in U.S. prisons where Muslims have been held without charges. The worst abuses have happened right in front of your eyes in U.S. prisons and the lack of media coverage is the biggest contributing reason.

How can you not know about my case? How can even the alternative media ignore my case?

I was imprisoned for sending an email to ABC television online email center on May 19 and May 20, 1999. Actually, I had sent the email 9 times, on May 21, 22, 23, 24, 25,26 and 27, as well as May 19 and 20. Each copy said you have 30 days to answer and then 29, 28, 27 days, etc. — a countdown. I was seeking publicity for my story about the rigging of the U.S. presidency and the stock markets and the fact that I knew a huge terrorist attack was coming to U.S. shores.

But, the federal prosecutor withheld the longer series of sent copies because it would surely have shown that publicity was the goal of the emails. I was held for one and a half years before my trial and was put in the worst solitary confinement cell in federal prison in Manhattan for my trial, where I represented myself.

I claimed at trial, and still claim, that I had prior knowledge of 9/11 and that that information had been received by the government. I wanted to sit down with ABC television and three other corporations in order to discuss what I claimed was damage they had caused me and that terrorism was coming more powerfully than ever to New York. The email was a literary version of the current Wall Street occupation.

The U.S. government knew about 9/11 from me more than two years before it was carried out. I was rendered in Mexico, brought to New Jersey by the FBI, transferred and imprisoned in New York City for three years and had a trial about half way through about an email that was sent to ABC, the New York Times, Newsweek and Time Magazine.

But, not one word about my imprisonment, my email, my claims of prior knowledge of 9/11 or my trial has appeared in any media.

I have 11 years of university education, two degrees, have taught in high schools and universities, including recently in Beijing. I have worked for David Geffen, the William Morris Agency, Anaconda Corporation, covered three national political conventions (two in Madison Square Garden).

It’s more than something being wrong with the USA, Iran and Qaddafi, and other places of extreme injustice.

All you nice, good-intentioned people are living in darkness, absolute darkness about the real conditions of a virtually totalitarian American system

Details of my story and claims are in my http://www.lulu.com/product/file-download/revolution-or-extinction/16532855
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Posted by Galenwainwright…

Sep 26 2011 – 1:31pm.

Dmitri Orlov, a Russian Ex-pat, once observed that the only difference between the USSR and the US was that in America people believed the propaganda.
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Posted by Kane Jeeves

Sep 26 2011 – 1:41pm.

Studied Russian years ago. The instructor, an ex-pat, told us day one about the main newspaper in USSR and the popular saying “Pravda nyet Pravda”. (Pravda/Truth is not true)
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Posted by sheepherder

Sep 26 2011 – 2:45pm.

I recall an old joke about Pravda (Truth) and Izvestia (News). It went: there is no truth in the new and no news in the truth.
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Posted by Aaronica

Sep 26 2011 – 3:07pm.

I thought the joke went that you could find some news in Pravda, and some truth in Izvestia.

Either way, the Ruskies knew they were reading stories that couldn’t be trusted. The western peoples don’t. (sorry OP, the rest of us westerners seem to be believing the propaganda now too.)
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Posted by HailCODEPINK

Sep 26 2011 – 1:45pm.

Glenn Greenwald, Chris Hedges and David Swanson–three treasures of humanity, shining a bright light on our present plight. We, however, must be our own saviors. Can we organize a coherent educational and political action based on their insights to resist our own destruction, and that of our planet?
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Posted by Kane Jeeves

Sep 26 2011 – 1:46pm.

Can someone point to a link that describes why the hikers were there in the first place? I find it almost impossible to believe they were “just hiking”. If that were the case, then the US has a real problem on it’s hands…what to do with all the “just hikers” around the Mexican border.
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Posted by sheepherder

Sep 26 2011 – 2:47pm.

I wonder about the same thing. Why were they in Iraq in the first place, and why were they hiking anywhere close to a national border, especially the one with Iran?
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Posted by Brian Brademeyer

Sep 26 2011 – 1:49pm.

These “hikers” look a lot healthier than any Gitmo unfortunates that I have seen pictures of. They can still walk upright, and make complex compound sentences.
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Jose Padilla and how American justice functions September 20, 2011

Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, War on Terror.
Tags: , , , , , , , , , , , , , , ,
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By Glenn Greenwald

(updated below – Update II)

The story of Jose Padilla, continuing through the events of yesterday, expresses so much of the true nature of the War on Terror and especially America’s justice system.  In 2002, the American citizen was arrested at Chicago’s O’Hare Airport, publicly labeled by John Ashcroft as The Dirty Bomber, and then imprisoned for the next three years on U.S. soil as an “enemy combatant” without charges of any kind, and denied all contact with the outside world, including even a lawyer.  During his lawless incarceration, he was kept not just in extreme solitary confinement but extreme sensory deprivation as well, and was abused and tortured to the point of severe and probably permanent mental incapacity (Bush lawyers told a court that they were unable to produce videos of Padilla’s interrogations because those videos were mysteriously and tragically “lost”).

Needless to say, none of the government officials responsible for this abuse of a U.S. citizen on American soil has been held accountable in any way.  That’s because President Obama decreed that Bush officials shall not be criminally investigated for War on Terror crimes, while his Justice Department vigorously defended John Yoo, Donald Rumsfeld and other responsible functionaries in civil suits brought by Padilla seeking damages for what was done to him.

As usual, the Obama DOJ cited national security imperatives and sweeping theories of presidential power to demand that Executive Branch officials be fully shielded from judicial scrutiny (i.e., shielded from the rule of law) for their illegal acts (the Obama DOJ: “Here, where Padilla’s damage claims directly relate, inter alia, to the President’s war powers, including whether and when a person captured in this country during an armed conflict can be held in military detention under the laws of war, it would be particularly inappropriate for this Court to unnecessarily reach the merits of the constitutional claims” (emphasis added)).  With one rare exception, federal courts, as usual, meekly complied.  Thus, a full-scale shield of immunity has been constructed around the high-level government officials who put Padilla in a hermetically sealed cage with no charges and then abused and tortured him for years.

The treatment Padilla has received in the justice system is, needless to say, the polar opposite of that enjoyed by these political elites.  Literally days before it was required to justify to the U.S. Supreme Court how it could imprison an American citizen for years without charges or access to a lawyer, the Bush administration suddenly indicted Padilla — on charges unrelated to, and far less serious than, the accusation that he was A Dirty Bomber — and then successfully convinced the Supreme Court to refuse to decide the legality of Padilla’s imprisonment on the grounds of “mootness” (he’s no longer being held without charges so there’s nothing to decide).

At Padilla’s trial, the judge excluded all evidence of the abuse to which he was subjected and even admitted statements he made while in custody before he was Mirandized.  Unsurprisingly, Padilla was convicted on charges of “supporting Islamic terrorism overseas” — but not any actual Terrorist plots (“The government’s chief evidence was an application form that government prosecutors said Mr. Padilla, 36, filled out to attend an Al Qaeda training camp in Afghanistan in 2000″) — and then sentenced to 17 years in prison, all above and beyond the five years he was imprisoned with no due process.

Not content with what was done to Padilla, the Bush DOJ — and then the Obama DOJ — contested the sentence on appeal, insisting that it was too lenient; Padilla also appealed, arguing that the trial court made numerous errors in excluding his evidence while allowing the Government’s.  Yesterday, a federal appeals panel of the 11th Circuit issued a ruling, by a 2-1 vote, rejecting each and every one of Padilla’s arguments.  It then took the very unusual step of  vacating the 17-year-sentence imposed by the trial court as too lenient and, in effect, ordered the trial judge to impose a substantially harsher prison term:

Padilla’s sentence is substantively unreasonable because it does not adequately reflect his criminal history, does not adequately account for his risk of recidivism, was based partly on an impermissible comparison to sentences imposed in other terrorism cases, and was based in part on inappropriate factors . . . .

 

As the dissenting judge explained, this decision is extraordinary because trial judges — not judges sitting afterward on appeal — are the ones who hear all the evidence and thus have very wide discretion to determine the appropriate sentence.  But more so, in this case, a sentence less than the full maximum was warranted because “the trial judge correctly concluded that a sentence reduction is available to offenders who have been subjected to extraordinarily harsh conditions of pre-trial confinement.”  About that point, the dissenting judge documented:

Padilla presented substantial, detailed, and compelling evidence about the inhumane, cruel, and physically, emotionally, and mentally painful conditions in which he had already been detained for a period of almost four years. For example, he presented evidence at sentencing of being kept in extreme isolation at he military brig in South Carolina where he was subjected to cruel interrogations, prolonged physical and mental pain, extreme environmental stresses, noise and temperature variations, and deprivation of sensory stimuli and sleep.

In sentencing Padilla, the trial judge accepted the facts of his confinement that had been presented both during the trial and at sentencing, which also included evidence about the impact on one’s mental health of prolonged isolation and solitary confinement, all of which were properly taken into account in deciding how much more confinement should be imposed. None of these factual findings, nor the trial judge’s consideration of them in fashioning Padilla’s sentence, are challenged on appeal by the government or the majority.

 

Thus: American officials who are responsible for this “inhumane” and “cruel” abuse of detainees act with full impunity, as usual.  Those who are its victims are not merely denied all redress (though they are), and do not merely have the courthouse doors slammed in their faces in the name of secrecy, national security and presidential power (though they do), but they are also mercilessly punished to the fullest extent possible.

It should be said that part of what happened here is just the typical politicization of the judiciary, as the two-judge majority was comprised of a hard-core right-wing Reagan/Bush 41 appointee from Alabama (Joel Dubina), while the other was one of Bush 43′s most controversial appointees, the former Alabama Attorney General who was filibustered by the Democrats and allowed onto the bench only by virtue of the “Gang of 14″ compromise (William Pryor).  Meanwhile, the dissenting judge was born in Mexico to Syrian parents and, after moving to Miami at the age of 6, became the first female judge (as well as the first Hispanic and Arab American judge) on the Florida Supreme Court (rising to Chief Justice), and was a Clinton appointee to the federal appeals court (Rosemary Barkett); Barkett, incidentally, dissented from an 11th Circuit ruling denying a habeas petition to Troy Davis, the African-American death row inmate scheduled to be executed by the State of Georgia this week despite mountains of evidence showing his innocence.  So this episode highlights one of the few genuine differences that remain between the two parties that can truly impact people’s lives: their judicial appointments.

But the overriding theme is what we have seen time and again, that which — as it turns out — is the subject of my book to be released next month: America is plagued by a two-tiered justice system in which political and financial elites enjoy virtually absolute immunity for even the most egregious of crimes, while ordinary Americans (and especially fully stigmatized ones like Padilla) are subject with few defenses to the world’s largest and one of its most merciless systems of punishment.  Thus do Jose Padilla’s lawless jailers and torturers walk free and prosper, while no punishment is sufficiently harsh for him.

* * * * *
Almost immediately after I published this, it was announced that Troy Davis’ last chance for clemency has been denied, virtually assuring that a likely innocent man will be killed by the State of Georgia tomorrow.  Obviously, everything I just wrote applies in abundance to that event.

 

UPDATE:  As usual, America’s propaganda-spreading, government-serving establishment media spouts blatant falsehoods to justify all this; from ABC News:

 

From CNN:

 

 

Padilla was never even charged with, let alone convicted of, having anything to do with a “dirty bomb.”  “Dirty Bomber” was the villain nickname given to him by Bush officials and mindlessy repeated by its media to justify the treatment to which he was subjected.  The U.S. Government gave up long ago using this accusation to demonize him (NYT on his conviction: “The dirty bomb accusations were not mentioned during Mr. Padilla’s three-month trial here“), but their lying “watchdog media” servants continue unabated.  Who would possibly object to a longer prison term for A Dirty Bomber who tried to detonate radioactive weapons in American cities?  The fact that not even the Government charged with him that is no deterrent to its media continuing to claim he did.

 

UPDATE II:  Padilla was consigned to the SuperMax prison in Florence, Colorado to serve his 17-year sentence.  The New York Bar Association last week issued a comprehensive study of America’s SuperMax system and concluded:

 

But 17 years in a torture system like that — on top of the 5 years of abuse he endured — is insufficient: “too lenient.”

 

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