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Solitary confinement is torture November 17, 2014

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Roger’s note: Solitary confinement is torture, is dehumanizing,  is an abomination, is barbaric.  Please sign the petition.

 

solitary_best

 

CCR (Center for Constitutional Rights) is challenging the constitutionality of long-term solitary confinement in its class-action suit Ashker v. Brown, filed on behalf of prisoners in California’s Pelican Bay prison. The suit is part of our longstanding work opposing all forms of torture, and it is also part of the movement here in the U.S. specifically to end the epidemic use of this particularly cruel form of punishment. As a part of that effort, CCR has partnered with Amnesty International and others in a call for the U.S. State Department to invite to UN Special Rapporteur on Torture Juan Mendez to carry out a fact-finding visit to US super-maximum security prisons, both state and federal. Please sign their petition here.

 

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

we’re not savages .. we don’t behead … airstrikes R us September 14, 2014

Posted by rogerhollander in Art, Literature and Culture.
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Source: George Killingsworth via Liz Canfield

 

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we’re not savages .. we don’t behead … airstrikes R us

One reason some people may be mad at us

Alternet – Since 9/11, the United States has launched more than 94,000 air strikes, mostly on Afghanistan and Iraq, but also on Libya, Pakistan, Yemen and Somalia. Rumsfeld’s plan has undoubtedly achieved his goal of changing the way people live in those countries, killing a million of them and reducing tens of millions more to lives of disability, disfigurement, dislocation, grief and poverty.

A sophisticated propaganda campaign has politically justified 13 years of systematic U.S. war crimes, exploiting the only too human failing that George Orwell examined in his 1945 essay, ” Notes on Nationalism.” As Orwell wrote, “The nationalist not only does not disapprove of atrocities committed by his own side, but he has a remarkable capacity for not even hearing about them.” Orwell listed ” torture, the use of hostages, forced labor, mass deportations, imprisonment without trial, forgery, assassination, the bombing of civilians.” The U.S. has committed all these atrocities in the past 13 years, and Americans have responded exactly as the “nationalists” Orwell described.

we can bomb the world to pieces / can’t bomb it into piece

Before I Start This Poem
by Emmanuel Ortiz

Before I start this poem,
I’d like to ask you to join me in
a moment of silence
in honour of those who died
in the World Trade Centre
and the Pentagon
last September 11th.

I would also like to ask you
a moment of silence
for all of those who have been
harassed, imprisoned, disappeared,
tortured, raped, or killed
in retaliation for those strikes

for the victims in both

Afghanistan and the U.S.

And if I could just add one more thing…
A full day of silence
for the tens of thousands of Palestinians
who have died at the hands of
U.S.-backed Israeli forces
over decades of occupation.

Six months of silence
for the million and-a-half Iraqi people,
mostly children, who have died of
malnourishment or starvation
as a result of an 11-year U.S. embargo
against the country.

Before I begin this poem:
two months of silence

for the Blacks under Apartheid
in South Africa,
where homeland security
made them aliens
in their own country.

Nine months of silence
for the dead in Hiroshima
and Nagasaki, where death rained
down and peeled back
every layer of concrete, steel, earth and skin
and the survivors went on as if alive.

A year of silence
for the millions of dead
in Vietnam–a people, not a war-
for those who know a thing or two
about the scent of burning fuel,
their relatives’ bones buried in it,
their babies born of it.

A year of silence
for the dead in Cambodia and Laos,
victims of a secret war … ssssshhhhh ….

Say nothing .. we don’t want them to
learn that they are dead.

Two months of silence
for the decades of dead
in Colombia, whose names,
like the corpses they once represented,
have piled up and slipped off
our tongues.

Before I begin this poem,
An hour of silence
for El Salvador …
An afternoon of silence
for Nicaragua …
Two days of silence
for the Guatemaltecos …
None of whom ever knew
a moment of peace
45 seconds of silence
for the 45 dead
at Acteal, Chiapas
25 years of silence
for the hundred million Africans
who found their graves
far deeper in the ocean
than any building could
poke into the sky.
There will be no DNA testing
or dental records
to identify their remains.
And for those who were

strung and swung
from the heights of
sycamore trees
in the south, the north,
the east, and the west…

100 years of silence…
For the hundreds of millions of
indigenous peoples
from this half of right here,
Whose land and lives were stolen,
In postcard-perfect plots
like Pine Ridge,
Wounded Knee,
Sand Creek, Fallen Timbers,
or the Trail of Tears.
Names now reduced
to innocuous magnetic poetry
on the refrigerator
of our consciousness …
So you want a moment of silence?

And we are all left speechless

Our tongues snatched from our mouths
Our eyes stapled shut
A moment of silence
And the poets have all been laid to rest
The drums disintegrating into dust
Before I begin this poem,
You want a moment of silence
You mourn now as if the world will never be
the same
And the rest of us hope to hell it won’t be.
Not like it always has been

Because this is not a 9-1-1 poem
This is a 9/10 poem,
It is a 9/9 poem,
A 9/8 poem,
A 9/7 poem
This is a 1492 poem.
This is a poem about
what causes poems like this
to be written

And if this is a 9/11 poem, then
This is a September 11th poem
for Chile, 1971
This is a September 12th poem
for Steven Biko in South Africa, 1977

This is a September 13th poem
for the brothers at Attica Prison,
New York, 1971.
This is a September 14th poem
for Somalia, 1992.

This is a poem
for every date that falls
to the ground in ashes
This is a poem for the 110 stories
that were never told
The 110 stories that history
chose not to write in textbooks
The 110 stories that CNN, BBC,
The New York Times,
and Newsweek ignored
This is a poem
for interrupting this program.
And still you want
a moment of silence
for your dead?
We could give you
lifetimes of empty:

The unmarked graves
The lost languages
The uprooted trees and histories
The dead stares on the faces
of nameless children
Before I start this poem
We could be silent forever

Or just long enough to hunger,
For the dust to bury us
And you would still ask us
For more of our silence.

If you want a moment of silence
Then stop the oil pumps
Turn off the engines and the televisions
Sink the cruise ships
Crash the stock markets
Unplug the marquee lights,
Delete the instant messages,
Derail the trains, the light rail transit

If you want a moment of silence,
put a brick through
the window of Taco Bell,
And pay the workers for wages lost
Tear down the liquor stores,
The townhouses, the White Houses,
the jailhouses, the Penthouses and
the Playboys.

If you want a moment of silence,
Then take it
On Super Bowl Sunday,
The Fourth of July
During Dayton’s 13 hour sale
Or the next time your white guilt

fills the room where my beautiful
people have gathered

You want a moment of silence
Then take it
Now,
Before this poem begins.

Here, in the echo of my voice,
In the pause between goosesteps of the
second hand
In the space
between bodies in embrace,

Here is your silence.
Take it.
But take it all
Don’t cut in line.
Let your silence begin
at the beginning of crime.
But we,
Tonight we will keep right on singing
For our dead.

EMMANUEL ORTIZ, 11 Sep 2002

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

Posted by rogerhollander in Human Rights, Torture.
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Roger

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

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

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

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

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

From the Post:

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

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

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

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

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

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

As the Huffington Post‘s Jack Mirkinson points out:

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

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

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

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

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

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

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

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Rendition Victims Urge Obama to Declassify Senate Torture Report

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

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

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

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

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

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

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

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

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

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

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

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

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

The Guardian reports:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Three-Fifths of an Attorney General Declares POWs “Non-Persons” July 24, 2014

Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
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Roger’s note: Congratulations.  Barak Obama and Eric Holder, with the essential contribution of George Bush, have managed to score a trifecta: a policy and implementation at Guantanamo Bay that is all three, Orwellian, Kafkaesque and Lewis Carroll at the same time.  Torture, indefinite detention, and people who are not persons.  “Execution first, then the trial” shouted the Queen.

And by the way, the three fifths of a person of African slaves that was in the original constitution is even worse than it appears at face value.  Slaves would have been better off if not considered as persons at all.  The southern states lobbied for three fifths so that their slaves would be counted in the census, which in turn determined their level of representation in the House of Representative.  More slaves on the roll via the three fifths gave the southern state more political clout with which to defend slavery.  Thus, being counted as less than fully human was a double whammy against the slaves.  Kafka would have loved it.

 

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Protestors gathered in New York City’s Time Square in April of 2013 to raise awareness of detainee hunger strikes and indefinite imprisonment of prisoners in Guantanamo Bay. (Photo: flickr / cc /Jordan P)

 

Hand it to President Obama for appointing Eric Holder the first African American Attorney General in US history. Then try to fathom that after generations of civil and human rights work by African Americans — whom the US Constitution once called “3/5 of a person” — it is Holder who declared some brown skinned prisoners of war to be “non-persons.” The men are held outside the law by the US at Guantánamo Bay.

Attorneys for the POWs have asked for an order that would allow group prayers during the holy month of Ramadan, but Holder’s Justice Dept. has formally replied that the men aren’t entitled to relief under the Religious Freedom Restoration Act (RFRA) because the Supreme Court has not found that Guantánamo’s prisoners “are ‘persons’ to whom RFRA applies.”

Holder calls the men “unprivileged enemy belligerents detained overseas during a period of ongoing hostilities.” Calling them prisoners of war would require respecting their human rights.

Cori Crider, an attorney with the legal charity Reprieve who represents some of the men, said in a statement, “I fail to see how the President can stand up and claim Guantánamo is a scandal while his lawyers call detainees non-persons in court. If the President is serious about closing this prison, he could start by recognizing that its inmates are people — most of whom have been cleared by his own Government.”

According to AG Holder, US Appeals Court rulings mean Guantánamo’s POWs — whom he calls “nonresident aliens outside the US sovereign territory” — are “not protected ‘person[s].’” In the infamous Hobby Lobby case Holder argues, the Supreme Court refused to say that the word “‘person’ as used in RFRA includes a nonresident alien outside sovereign United States territory.”

Even if RFRA applied to the POWs, Holder claims, the law “cannot overcome the judicial presumption against extraterritorial application of statutes.” Translation: US Law doesn’t apply at Gitmo, or, the reason the US isolates non-persons at an off-shore military penal colony in the first place is so we can ignore or violate “statutes” with impunity. And if we convince ourselves that “unprivileged enemy belligerents” are not people, we should be able to sleep even if we violate the US torture statute (18 USC, Sec. 1, Ch. 113C), the Convention Against Torture and the US War Crimes Act (18 USC, Sec. 2441) ¾ for years on end.

America’s indefinite imprisonment without charges, hunger strikers and force-feeding

My own jail and prison time, all for political protests, has always come with a clear sentence: six days, 90 days, 180 days; 54 months in all. Anybody who’s been on the inside knows that a release date gives you something fast to hold on to, even if you’re called by a number, fed through a slot, handcuffed for court. But imagine 156 months in a nihilistic “extraterritorial” military prison, with no charges, no trial, no sentence, no visits, phone calls or mail, and no hope.

This is what the USA imposes at Guantánamo, a torturous psychological vice of legal oblivion and manufactured futurelessness. Add to this appalling construction the fact that 72 of 149 remaining inmates were approved for release more than four years ago — but are chained up anyway. Scores of Gitmo’s inmates have looked into this man-made oblivion and decided to die. They are using the only power they have left, the dreadful hunger-strike, both as a protest against their endless detention without trial and their only means of eventually ending it.

The US military has chosen to force-feed hunger strikers, gruesomely plunging plastic tubes up the non-persons’ noses. This abuse violates laws against torture, and the force-feeding schedule is the original basis for the religious rights petition so vigorously opposed by Obama and Holder. The ghastly traumatic stress resulting from enduring force-feeding and the regime of its application make Ramadan’s prayerful group reflection impossible. US District Judge Gladys Kessler has, according to Charlie Savage in the New York Times, publicly condemned the abuse for causing “agony.” For PR purposes the Pentagon and Justice Department call the abuse “enteral feeding.”

Mr. Holder has called “not credible” the prisoners’ complaints about “alleged aspects of enteral feeding” and “allegations that detainees who were being enterally fed were not permitted to pray communally during Ramadan in 2013.” But after the number of hunger strikers reached 106 last year, the military halted its public reporting of the strike.

Significantly, a Navy medical officer at Guantánamo has become the first prison official known to refuse force-feeding duty. The unidentified nurse’s refusal was acknowledged by the Pentagon July 15.

If Holder wins his frightening argument denying the humanity of the men at Guantánamo, even the American Society for the Prevention of Cruelty to Animals could object. The ASPCA says its vision is that “the US is a humane community in which all animals are treated with respect and kindness.”

Nurse Refuses Navy’s Force-Feeding of Gitmo Prisoners July 16, 2014

Posted by rogerhollander in Health, Human Rights.
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Roger’s note: The principle that states that one has the right to refuse an illegal order becomes null and void when, as is the case here, war crimes and crimes against humanity are being committed at the highest level of government, i.e. the presidency.  It takes a brave individual to resist under these conditions.  Severest example: Chelsea (formerly Bradley) Manning is condemned to 35 years in prison for exposing Bush/Obama war crimes in Iraq.

 

“This is a historic stand by this nurse, who recognized the basic humanity of the detainees and the inhumanity of what he was being asked to do.”

- Sarah Lazare, staff writer

Guantanamo force feeding paraphernalia. (Photo: Wikimedia / Creative Commons)

force-feeding

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A nurse in the U.S. Navy has refused to participate in the force-feeding of hunger striking detainees in what is the first widely-reported act of defiance on ethical grounds by a U.S. military service member at this offshore prison.

“This is a historic stand by this nurse, who recognized the basic humanity of the detainees and the inhumanity of what he was being asked to do,” said Cori Crider, a lawyer for UK-based charity Reprieve—which refers to the refusal as ‘conscientious objection.’ Crider learned of the act of refusal in a July 10 phone call with Abu Wa’el Dhiab—a Syrian man currently detained in Guantánamo Bay—and the news broke to the media on Tuesday.

The unidentified nurse told Dhiab, “I have come to the decision that I refuse to participate in this criminal act,” according to a press statement from Reprieve. “Before we came here, we were told a different story,” the nurse added. “The story we were told was completely the opposite of what I saw.”

Journalist Carol Rosenberg received confirmation from Navy Capt. Tom Gresback that “there was a recent instance of a medical provider not willing to carry out the enteral feeding of a detainee.”

It is not clear what repurcussions await the nurse, who is described by Dhiab as an approximately 40 year-old Latino man who may be a captain, according to Rosenberg. Col. Greg Julian, a spokesman for the command that oversees Guantánamo, also confirmed the refusal to the Guardian, stating, “It’s being handled administratively.” Dhiab says he has not seen the nurse since the act of refusal.

According to Dhiab, the Navy nurse is not alone: numerous other medical professionals have stated their ethical objections to the force feedings but express fear of retaliation and punishment if they refuse.

Maggie Martin, an organizer with Iraq Veterans Against the War, told Common Dreams, “People have been standing up as conscientious objectors throughout history including the current conflicts, but unfortunately I never heard those stories while I was in the military.”

She added, “It is heartening to see a service member refuse immoral orders.”

Mass hunger strikes at Guantánamo Bay have been met with force-feedings, which have been condemned as torture and a violation of international law by the United Nations human rights office and denounced as unethical by medical ethicists. The painful insertion of tubes and pumping of food, as well as threat of stomach damage and asphyxiation, has been comparedto water-boarding, itself a form of torture.

Mr. Dhiab, who remains detained despite being cleared for release in 2010, is currently challenging the practice of force-feedings in the courts and recently won the disclosure of videotapes recording the practice.

Currently 149 men remain detained at Guantánamo Bay, despite the fact that the vast majority of them have been cleared for release. It is not known how many of them are currently on hunger strike or face force feedings after the U.S. imposed a media blackout on reports of the peaceful protests late last year.

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Fog Machine of War: The US Military’s Campaign Against Media Freedom June 16, 2014

Posted by rogerhollander in Iraq and Afghanistan, Media, Wikileaks.
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Katie Couric, anchor and managing editor of the CBS Evening News, speaks with Lt. Gen. Raymond T. Odierno, commander, Multinational Corps – Iraq and Col. Jeffrey Bannister, commander, 2nd Brigade Combat Team, 2nd Infantry Division, during a visit with Soldiers in the Rusafa district of Baghdad on September 2, 2006. (Credit: flickr / cc / US Army)FORT LEAVENWORTH, Kan. —

WHEN I chose to disclose classified information in 2010, I did so out of a love for my country and a sense of duty to others. I’m now serving a sentence of 35 years in prison for these unauthorized disclosures. I understand that my actions violated the law.

However, the concerns that motivated me have not been resolved. As Iraq erupts in civil war and America again contemplates intervention, that unfinished business should give new urgency to the question of how the United States military controlled the media coverage of its long involvement there and in Afghanistan. I believe that the current limits on press freedom and excessive government secrecy make it impossible for Americans to grasp fully what is happening in the wars we finance.

If you were following the news during the March 2010 elections in Iraq, you might remember that the American press was flooded with stories declaring the elections a success, complete with upbeat anecdotes and photographs of Iraqi women proudly displaying their ink-stained fingers. The subtext was that United States military operations had succeeded in creating a stable and democratic Iraq.

Those of us stationed there were acutely aware of a more complicated reality.

Military and diplomatic reports coming across my desk detailed a brutal crackdown against political dissidents by the Iraqi Ministry of Interior and federal police, on behalf of Prime Minister Nuri Kamal al-Maliki. Detainees were often tortured, or even killed.

Early that year, I received orders to investigate 15 individuals whom the federal police had arrested on suspicion of printing “anti-Iraqi literature.” I learned that these individuals had absolutely no ties to terrorism; they were publishing a scholarly critique of Mr. Maliki’s administration. I forwarded this finding to the officer in command in eastern Baghdad. He responded that he didn’t need this information; instead, I should assist the federal police in locating more “anti-Iraqi” print shops.

I was shocked by our military’s complicity in the corruption of that election. Yet these deeply troubling details flew under the American media’s radar.

It was not the first (or the last) time I felt compelled to question the way we conducted our mission in Iraq. We intelligence analysts, and the officers to whom we reported, had access to a comprehensive overview of the war that few others had. How could top-level decision makers say that the American public, or even Congress, supported the conflict when they didn’t have half the story?

Among the many daily reports I received via email while working in Iraq in 2009 and 2010 was an internal public affairs briefing that listed recently published news articles about the American mission in Iraq. One of my regular tasks was to provide, for the public affairs summary read by the command in eastern Baghdad, a single-sentence description of each issue covered, complementing our analysis with local intelligence.

The more I made these daily comparisons between the news back in the States and the military and diplomatic reports available to me as an analyst, the more aware I became of the disparity. In contrast to the solid, nuanced briefings we created on the ground, the news available to the public was flooded with foggy speculation and simplifications.

One clue to this disjunction lay in the public affairs reports. Near the top of each briefing was the number of embedded journalists attached to American military units in a combat zone. Throughout my deployment, I never saw that tally go above 12. In other words, in all of Iraq, which contained 31 million people and 117,000 United States troops, no more than a dozen American journalists were covering military operations.

The process of limiting press access to a conflict begins when a reporter applies for embed status. All reporters are carefully vetted by military public affairs officials. This system is far from unbiased. Unsurprisingly, reporters who have established relationships with the military are more likely to be granted access.

Less well known is that journalists whom military contractors rate as likely to produce “favorable” coverage, based on their past reporting, also get preference. This outsourced “favorability” rating assigned to each applicant is used to screen out those judged likely to produce critical coverage.

Reporters who succeeded in obtaining embed status in Iraq were then required to sign a media “ground rules” agreement. Army public affairs officials said this was to protect operational security, but it also allowed them to terminate a reporter’s embed without appeal.

There have been numerous cases of reporters’ having their access terminated following controversial reporting. In 2010, the late Rolling Stone reporter Michael Hastings had his access pulled after reporting criticism of the Obama administration by Gen. Stanley A. McChrystal and his staff in Afghanistan. A Pentagon spokesman said, “Embeds are a privilege, not a right.”

If a reporter’s embed status is terminated, typically she or he is blacklisted. This program of limiting press access was challenged in court in 2013 by a freelance reporter, Wayne Anderson, who claimed to have followed his agreement but to have been terminated after publishing adverse reports about the conflict in Afghanistan. The ruling on his case upheld the military’s position that there was no constitutionally protected right to be an embedded journalist.

The embedded reporter program, which continues in Afghanistan and wherever the United States sends troops, is deeply informed by the military’s experience of how media coverage shifted public opinion during the Vietnam War. The gatekeepers in public affairs have too much power: Reporters naturally fear having their access terminated, so they tend to avoid controversial reporting that could raise red flags.

The existing program forces journalists to compete against one another for “special access” to vital matters of foreign and domestic policy. Too often, this creates reporting that flatters senior decision makers. A result is that the American public’s access to the facts is gutted, which leaves them with no way to evaluate the conduct of American officials.

Journalists have an important role to play in calling for reforms to the embedding system. The favorability of a journalist’s previous reporting should not be a factor. Transparency, guaranteed by a body not under the control of public affairs officials, should govern the credentialing process. An independent board made up of military staff members, veterans, Pentagon civilians and journalists could balance the public’s need for information with the military’s need for operational security.

Reporters should have timely access to information. The military could do far more to enable the rapid declassification of information that does not jeopardize military missions. The military’s Significant Activity Reports, for example, provide quick overviews of events like attacks and casualties. Often classified by default, these could help journalists report the facts accurately.

Opinion polls indicate that Americans’ confidence in their elected representatives is at a record low. Improving media access to this crucial aspect of our national life — where America has committed the men and women of its armed services — would be a powerful step toward re-establishing trust between voters and officials.

Not Forgotten: Street Art to Remember the Victims of the School of the Americas May 31, 2014

Posted by rogerhollander in Criminal Justice, Latin America.
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Roger’s note: If you watch the short video at the end of this posting, you will see a group of young people breaking the law by affixing posters on private property.  Someone obviously called the cops, and you will see them being arrested and taken away.  I don’t know how things turned out, but I suspect they were processed by the criminal justice system and will pay a price, perhaps even a large one, for their “crime.”  The object of their action, their protest, their civil disobedience, i.e., the U.S. government School of the Americas, is responsible for wholesale murder throughout Latin America.  They (the American politicians and military and the Latin American soldiers they train) will not be brought to justice for their deeds, they will literally get away with murder.  This is the world we live in, supported by our tax dollars.

 

by Nick Alexandrov

Víctor Jara was an internationally-acclaimed Chilean singer-songwriter, a theater director and activist. When General Augusto Pinochet took power on “the other 9/11” in 1973, his troops forced Jara and thousands of other political prisoners into Santiago’s Chile Stadium. After a group of soldiers recognized the artist, they tortured him in the arena basement, and then—before the crowd of detainees—cut off his fingers, mocking him as they demanded he perform something, perhaps a composition in the “New Song” genre he’d helped pioneer, and which Pinochet had banned. Witnesses recall that Jara sang “Venceremos”—“We Will Win”—before the guards dragged him away. He was shot 44 times.

Jara is one of the people School of the Americas Watch’s (SOAW) current poster campaign, developed with street artist César Maxit, commemorates. Others include El Salvador’s Archbishop Óscar Romero, who was celebrating Mass in a hospital chapel when assassins gunned him down in March 1980; Guatemalan Bishop Juan Gerardi, one of the main figures behind the crucial human rights report Guatemala: Nunca Más!, whose killers pummeled his face with a concrete slab, mutilating it beyond recognition; and Natalia Tuberquia Muñoz, who was only six in 2005 when massacred—along with three men, two women and another child—in the Colombian village of San José de Apartadó. What the musician, the bishops and the child have in common is that they are just four of the thousands of Latin Americans murdered by School of the Americas (SOA) graduates.

The SOA, located at Fort Benning, Georgia, is a combat training school for Latin American soldiers, 70,000 of whom have studied counterinsurgency techniques, sniper training, commando and psychological warfare there since the institution’s 1946 founding. Training manuals the school used for at least a decade recommended extortion, torture and execution as effective means of dealing with the state’s enemies. And the SOAW posters also feature eight of its alumni, including Argentine dictator Jorge Rafael Videla, who died last year in jail, incarceration his punishment for committing crimes against humanity, including disappearances, torture, and the killing of 15,000-30,000 dissidents; Guatemalan military dictator Ríos Montt, whom a Guatemalan court last year found guilty of genocide against his country’s Ixil Maya; and Honduran General Romeo Vásquez Velásquez, a key official spearheading the country’s 2009 coup, which even the military lawyer—himself an SOA alum—charged with giving the affair a veneer of legitimacy admittedwas “a crime.”

SOA complicity in the recent Honduran coup reveals the institution’s continuing relevance. Its 2001 name-change—it’s known now as the Western Hemisphere Institute for Security Cooperation (WHINSEC)—was merely cosmetic, and “there are no substantive changes besides the name,” one of its former instructors testified shortly after the rebranding. The school’s consistent aim, in the past and today, has been to facilitate Latin American militaries’ wars of repression against their own people. Describing Washington’s support for dictators like Videla and Montt as stemming from its “anti-Communism,” or as related to the U.S.-Soviet rivalry, misses the point. The term “Communist,” for example, was always incredibly elastic, used to refer to illiterate peasant farmers, church officials, university instructors, women in areas considered guerrilla territory—the label could be affixed to whoever was slated for execution. “The army is not killing guerrillas, despite what is reported,” a U.S. mercenary in 1980s El Salvador explained. “It is murdering the civilians who side with them. By terrorizing civilians the army is crushing the rebellion without the need to directly confront the guerrillas. Attacking civilians is the game plan.” The SOAW posters remembering some of the victims—bishops, young girls, a musician—help capture this reality, still very much a part of Washington’s Latin America policy, as ongoing U.S. support for the repressive Mexican, Colombianand Hondurangovernments makes clear.

To help draw attention to the beneficiaries and victims of U.S. training and aid, nearly a dozen activists gathered on May 14 in Washington, D.C.’s Adams Morgan neighborhood, where they pasted up a mural composed, in part, of the SOAW posters. “Though the activists were peaceful in their actions,” SOAW reports, “D.C. police decided that political art was unacceptable in the district.  After the artwork was completed, four of the activists”—Dominique Diaddigo-Cash, Gail Taylor, Maria Luisa Rosal, and Nico Udu-gama—“were handcuffed, arrested and held for 6 hours before being charged with ‘defacing public or private property.’ The charge carries a maximum penalty of 6 months in prison and a $1,000 fine,” and those detained “will be arraigned in the D.C. Superior Court on June 5, 2014.”

But the police intervention in the Adams Morgan art action hasn’t had a deterrent effect: in the last few weeks, SOAW activists have taken posters to other District neighborhoods, as well as the streets of Los Angeles and the UC Riverside campus. “The best way to stand in solidarity with the targeted activists, and to push back against the criminalization of dissent,” SOAW reminds us, “is to keep up the resistance!”

This video, by Beth Geglia, shows footage of the May 14 action, as well as the subsequent arrest of four SOAW activists:

And go here for more information on the SOAW poster campaign. You’ll find the full series of downloadable posters on the website, as well as step-by-step wheat-pasting instructions.

Pope Francis Co-operated with the Military Junta in Argentina May 31, 2014

Posted by rogerhollander in Argentina, Human Rights, Latin America, Religion, Right Wing.
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Roger’s note: The Catholic Church. from the parish priests up to the bishops, cardinals and Popes, has a long history of supporting brutal dictatorship, not only in Latin America, but around the globe.  The two most glaring examples of the 20th century were in Franco’s Spain and Hitler’s Germany, where the Church was at best voluntary blind to atrocity and at worst complicit.  There is not reason to believe that this was not true with respect to the current Pope Francis during his tenure as leader of the Church during the period of Argentina’s vicious dictatorship.

By (about the author)

OpEdNews Op Eds 5/31/2014 at 11:09:08

It is claimed by two priests that Pope Francis handed them and other leftists to the military death squads, and did not attempt to protect lay people who then became part of the 30,000 ‘disappeared’ in Argentina.

A letter is one of several documents that de la Cuadra and other human-rights activists say shows that Bergoglio (i.e. Pope Francis), as head of the Jesuits, may have turned a blind eye to some atrocities, then later denied knowing about those atrocities despite his own testimony to the contrary and that ultimately as head of the catholic church in Argentina, he did little to open the church’s archives to reveal the truth about its complicity.

The testimony of Argentine war criminals in tribunals showed that Catholic priests and chaplains played a central role in the torture and murder of dissidents by blessing torture chambers and absolving troops of their sins after they had thrown dozens of bound and drugged dissidents from a plane into the 50-mile-wide Rio de la Plata.

The accusations have been around for years, but no official court has accused Bergoglio of wrongdoing. He has argued that he lobbied the junta to free the kidnapped priests and quietly worked to hide or protect many other suspected dissidents.

But Bergoglio has had to make that case amid a stream of revelations about other Catholic leaders’ collaborations with the junta. In a jailhouse interview the former dictator Jorge Rafael Videla, who is serving a life sentence for human-rights abuses, confirmed that some top church officials were aware of the dictatorship’s kidnappings and killings of dissidents.

There were also allegations that Father Bergoglio knew where two of his Jesuit priests were held and tortured for five months by the junta, but did little to help them.

Vatican Spokesman Father Federico Lombardi rejected those charges, calling them “slander,” and saying that instead “there have been many declarations of how much he did for many people to protect them from the military dictatorship.”

The main chronicler of the priests’ kidnap case is investigative journalist Horacio Verbitsky, a former member of a ’70s-era leftist guerrilla group who tends to favour the policies of Kirchner’s populist government. It was Verbitsky’s past and political slant that allowed a Vatican spokesman, shortly after Francis’ election, to dismiss the complaints against the new pope as a campaign by “left-wing, anti-clerical elements.”

But Verbitsky is also highly regarded for shedding light on some of the worst abuses of the dictatorship. He famously established that security forces drugged dissidents and dropped them from aeroplanes and helicopters into the Rio de la Plata.

Pope Francis has never been implicated directly in any actions, but many in Argentina who support him, including 1980 Nobel Peace Prize laureate Adolfo Perez Esquivel, said that “he was not complicit in the dictatorship but he lacked courage to accompany us in our struggle.”

The International Tribunal into Crimes of Church and State was formed of survivors of church and state terror in Dublin, Ireland. The event was initiated by Nobel Prize Nominee Reverend Kevin Annett of Canada and members of Irish survivors’ groups and has since charged Pope Francis with child abuse. Via citizens courts by 2013, this group successfully prosecuted and convicted former Pope Benedict, Joseph Ratzinger, for Crimes against Humanity in Canada. Pope Benedict subsequently resigned, the first Pope to do so in 600 years.

Reports of any of these accusations in the mainstream media as might be expected are infrequent.

With the knowledge of the United States, Latin American dictators used terrorism to wage their war on terrorism.

Pope Francis’ Junta Past: Argentine Journalist on New Pontiff’s Ties to Abduction of Jesuit Priests

Satanic 9th circle murder evidence links Pope Francis and Archbishop of Canterbury

http://ahaadotme.wordpress.com/

Cully Downer is Irish and the author of ‘Ahaanews’ a UK based blog activist site. He has been a mental health advocate and freelance author both in the UK and North America. He works independently and now lives in the south coast of England.

 

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