Tag: human rights

Cross posted from The Stars Hollow Gazette

Primum non nocere, Latin for “first do no harm,” is the fisrt principal precept of medical ethics that all medical students are taught in medical school and is a fundamental principle for emergency medical services around the world. It is part of the oath that physicians take on graduation. It appears that ethical standard was abandoned by military doctors after 9/11 and has continued with the inhumane treatment of detainees and Guantanamo and other black-ops sites around the world. In a report (pdf) from the Task Force on Preserving Medical Professionalism it was concluded that military doctors and psychologists worked with the CIA and the Pentagon to design, enable and participate in torture and cruel, inhumane and degrading treatment

An independent panel of military, ethics, medical, public health, and legal experts today charged that U.S. military and intelligence agencies directed doctors and psychologists working in U.S. military detention centers to violate standard ethical principles and medical standards to avoid infliction of harm. The Task Force on Preserving Medical Professionalism in National Security Detention Centers (see attached) concludes that since September 11, 2001, the Department of Defense (DoD) and CIA improperly demanded that U.S. military and intelligence agency health professionals collaborate in intelligence gathering and security practices in a way that inflicted severe harm on detainees in U.S. custody.

These practices included “designing, participating in, and enabling torture and cruel, inhumane and degrading treatment” of detainees, according to the report. Although the DoD has taken steps to address some of these practices in recent years, including instituting a committee to review medical ethics concerns at Guantanamo Bay Prison, the Task Force says the changed roles for health professionals and anemic ethical standards adopted within the military remain in place.

“The American public has a right to know that the covenant with its physicians to follow professional ethical expectations is firm regardless of where they serve,” said Task Force member Dr. Gerald Thomson, Professor of Medicine Emeritus at Columbia University. “It’s clear that in the name of national security the military trumped that covenant, and physicians were transformed into agents of the military and performed acts that were contrary to medical ethics and practice. We have a responsibility to make sure this never happens again.” [..]

“Abuse of detainees, and health professional participation in this practice, is not behind us as a country,” said Task Force member Leonard Rubenstein, a legal scholar at the Center for Human Rights and Public Health at The Johns Hopkins Bloomberg School of Public Health and the Berman Institute of Bioethics. “Force-feeding by physicians in violation of ethical standards is illustrative of a much broader legacy in which medical professionalism has been undermined.”

Joining Amy Goodman and Juan Gonzalez on Democracy Now! for a discussion of the report are retired brigadier general Dr. Stephen Xenakis, a military psychiatrist who advised the chair of the Joint Chiefs of Staff on military mental health issues, and Leonard Rubenstein, senior scholar at the Johns Hopkins Bloomberg School of Public Health and co-author of the report, “Ethics Abandoned: Medical Professionalism and Detainee Abuse in the ‘War on Terror.’”

The two-year study cites doctors for breaching patient confidentiality and advising interrogators on how to exploit prisoners’ fears and crush their will to resist. The task force is calling for a full investigation of the medical profession’s role in U.S. torture and an overhaul to ensure doctors involved in interrogations follow ethical standards. Both the CIA and the Pentagon have rejected the report’s findings.

CIA made doctors torture suspected terrorists after 9/11, taskforce finds

by Sarah Boseley, The Guardian

Doctors were asked to torture detainees for intelligence gathering, and unethical practices continue, review concludes

Medical professionals were in effect told that their ethical mantra “first do no harm” did not apply, because they were not treating people who were ill.

The report lays blame primarily on the defence department (DoD) and the CIA, which required their healthcare staff to put aside any scruples in the interests of intelligence gathering and security practices that caused severe harm to detainees, from waterboarding to sleep deprivation and force-feeding.

The two-year review by the 19-member taskforce, Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror, supported by the Institute on Medicine as a Profession (IMAP) and the Open Society Foundations, says that the DoD termed those involved in interrogation “safety officers” rather than doctors. Doctors and nurses were required to participate in the force-feeding of prisoners on hunger strike, against the rules of the World Medical Association and the American Medical Association. Doctors and psychologists working for the DoD were required to breach patient confidentiality and share what they knew of the prisoner’s physical and psychological condition with interrogators and were used as interrogators themselves. They also failed to comply with recommendations from the army surgeon general on reporting abuse of detainees.

The CIA’s office of medical services played a critical role in advising the justice department that “enhanced interrogation” methods, such as extended sleep deprivation and waterboarding, which are recognised as forms of torture, were medically acceptable. CIA medical personnel were present when waterboarding was taking place, the taskforce says.

US Medical Professionals Were Involved in the Design & Administration of Torture

by Kevin Gosztola, The Dissenter at FDL

At Guantanamo Bay, a policy was implemented to allow interrogators to use “medical and psychological information” on detainees in order to “exploit” weaknesses during interrogations. The International Committee of the Red Cross reported in 2004 that military interrogators were able to freely access detainee medical records. Detainee medical information can be used for “intelligence gathering,” and BSCTs are allowed to perform psychological assessments, which are passed on to interrogators, so long as that information is not used to treat a prisoner inhumanely. The Task Force urges this practice be brought to an end.

The Task Force report addresses the role of medical personnel in force-feedings. It does not accept the Defense Department’s claim that force-feedings are undertaken to save lives. They have been “used commonly, not just in rare instances where a detainee’s life was threatened.” They have been explicitly used to break political protests. And, therefore, all force-feedings should be “prohibited.”

Finally, the report proposes that medical personnel be held accountable for their role in torture or inhumane treatment by further informing the public of the role of medical personnel in what has happened. There should be more “fact-finding and investigations” along with “stronger disciplinary action through state health professional licensing boards.”

It suggests that military and intelligence health professionals be subject to the same civilian disciplinary system as other health professionals because, no matter where they are working, all military and intelligence medical personnel are US physicians and psychologists. [..]

In conclusion, while it is not stated by the Task Force, this failure to hold medical professionals accountable should be understood in the context of the larger issue of impunity for those involved in authorizing and carrying out torture in the “war on terrorism” under President George W. Bush. It has been policy under President Barack Obama to decriminalize torture and not prosecute former Bush administration officials responsible for cruel and inhuman treatment. The administration is also presiding over military commissions at Guantanamo that will not permit evidence of torture to be mentioned in court by the very few defendants that have been granted some modicum of due process after actually being charged with committing crimes.

A 6,300-page report by the Senate intelligence committee details the CIA’s role in torture and likely contains critical details on medical personnel’s role in torture yet it remains secret. The CIA has effectively managed to resist or prevent the release thus far and the Obama administration has not taken the step of ordering that it be released in some form, which has enabled the CIA to continue to escape full responsibility for its role in the torture of prisoners.

Blue Ribbon Task Force Says Army Field Manual on Interrogation Allows Torture, Abuse

by Jeff Kaye, The Dissenter at FDL

A report by a multidisciplinary task force, made up largely of medical professionals, ethicists and legal experts, has called on President Obama to issue an executive order outlawing torture and other abusive techniques currently in use in the military’s Army Field Manual on interrogations. The Task Force, which wrote the report for The Institute on Medicine as a Profession (IMAP) and the Open Society Foundations (OSF), has also called on the Department of Defense to rewrite the Army Field Manual in accordance with such an executive order. [..]

Besides recommending that the Department of Defense (DoD) revise the AFM itself, the Task Force report calls for the United States to “accede to the Optional Protocol to the Convention Against Torture, which requires the creation of an independent domestic monitoring body for the purpose of preventing torture against individuals in custody.”

The recommendation to issue a new executive order on current forms of torture and abuse, and to rewrite the Army Field Manual is one of eight findings and numerous recommendations in the report. The first recommendation was for President Obama to “order a comprehensive investigation of U.S. practices in connection with the detention of suspected terrorists following 9/11 and report the results to Congress and the American people.”

The report continued, “The investigation should include inquiry into the circumstances, roles, and conduct of health professionals in designing, participating in, and enabling torture or cruel, inhuman, or degrading treatment of detainees in interrogation and confinement settings and why there were few if any known reports by health professionals.” In the body of the report, the Task Force indicated the investigation should include an examination of the “highly questionable” and “unexplained” use of the drug mefloquine on all the Guantanamo detainees, something I will examine in more depth in a future article.

Doctors: Force-Feedings at Guantanamo Have Been Used to Break Political Protests, Not Save Lives

by Kevin Gosztola, The Dissenter at FDL

This year at Guantanamo one of the biggest hunger strikes in the history of the facility took place. Lawyers for detainees reported more than 100 prisoners in the prison were at one point participating in the hunger strike, which aimed to call attention to the inhumanity and hopelessness of their indefinite detention. But the hunger strike, an act of protest, was eventually broken through force-feedings that involved medical personnel.  [..]

A prisoner used to be able to control the rate that food was entering his body to limit discomfort. But, “in a major policy change from the past that adds to the coerciveness of force-feeding, the detainee is no longer permitted to control drip rates or order of ingredients during enteral feeding.” The new standard operating procedure states that giving prisoners this kind of control “has had the effect of prolonging the total time spent in the feeding chair and has given the detainee a measure of control over an involuntary process.” Therefore, the Task Force indicates “all elements

of detainee control over flow rate, content of feeding, or location of feeding is now prohibited.”

Furthermore, the Task Force maintains its conclusions are “consistent with decisions of courts reviewing similar practices. The European Court of Human Rights, while stating that force-feeding to save a life may not amount to a violation of laws against torture and cruel, inhuman, or degrading treatment, held that ‘repeated force-feeding, not prompted by valid medical reasons but rather with the aim of forcing the applicant to stop his protest, and performed in a manner which unnecessarily exposed him to great physical pain and humiliation, can only be considered as torture.'”

These medical professional should not just be barred from practicing medicine anywhere, they should be prosecuted for torture along with all those responsible for the implementation of these programs and policies from both the Bush and Obama administrations.  

Cross posted from The Stars Hollow Gazette

The prisoners on trial before military tribunal at Guantanamo for their attacks on the United States are unable to present evidence that they were tortured by the CIA even though they are facing the death penalty. This is what has been happening:

On Tuesday, October 22, the lawyers for the September 11 accused argued that the Guantanamo military commissions’ protective order (pdf) violates the United Nations Convention Against Torture. The protective order states that the defendant’s “observations and experiences” of torture at CIA black sites are classified. Defense counsel say that this violates the Convention Against Torture’s requirement that victims of torture have “a right to complain” to authorities in the countries where they are tortured, and makes the commission into “a co-conspirator in hiding evidence of war crimes.”

It is not only the defendants’ lawyers who object to the protective order. The ACLU has called the restrictions on detainees’ testimony “chillingly Orwellian.” Earlier this year, the Constitution Project’s bipartisan, independent Task Force on Detainee Treatment (for which I served as staff investigator) found that the military commissions’ censorship of detainees’ descriptions of their own torture could not be justified on grounds of national security, and violated “the public’s First Amendment right of access to those proceedings, the detainees’ right to counsel, and counsel’s First Amendment rights.” This month, the European Parliament passed a resolution that called on the United States “to stop using draconian protective orders which prevent lawyers acting for Guantánamo Bay detainees from disclosing information regarding any detail of their secret detention in Europe.”

The reason the prisoners are being denies their rights to present the evidence of torture, even though they are facing the death penalty, is this:

In April 2009, over the CIA’s objections, Obama declassified four Office (pdf) of Legal (pdf) Counsel (pdf) (OLC) (pdf) opinions that described in graphic detail the brutal techniques that the CIA used against captives after September 11, because in his judgment their release was “required by the rule of law.”

But today, the administration takes the position (pdf) that the release of the OLC memos only declassified the CIA’s use of torturous interrogation techniques “in the abstract.” The details of any individual detainee’s treatment in CIA custody are still top secret. The CIA claims this is necessary because disclosures about individual interrogations would “provide future terrorists with a guidebook on how to evade such questioning,” and “provide ready-made ammunition for al-Qa’ida propaganda.”

The one thing that the defense lawyers, the prosecutors and the judges all agree on, President Barack Obama could fix this.

Paul Kiel – January 30, 2008, 4:12 PM EST

Sen. Joe Biden (D-DE) said that he’d been getting the impression that Mukasey really thought about torture in relative terms, and wanted to know if that was so. Is it OK to waterboard someone if a nuclear weapon was hidden — the Jack Bauer scenario — but not OK to waterboard someone for more pedestrian information?

Mukasey responded that it was “not simply a relative issue,” but there “is a statute where it is a relative issue,” he added, citing the Detainee Treatment Act. That law engages the “shocks the conscience” standard, he explained, and you have to “balance the value of doing something against the cost of doing it.”

What digby said:

So basically, while we “do not torture” we have admitted “in the abstract” that we did torture, but if any of those tortured reveal the details of that torture the terrorists of the future will know how we torture and learn how to evade it. So we’re obviously still torturing. Am I missing something?>

No, digby, you didn’t miss a thing.

forrespect

#Ride4Respect

Right now as you read this, Walmart Workers are on buses and they are caravanning from various cities to Bentonville, Arkansas where Walmart will be holding its annual shareholders meeting on June 7th. They plan to make their presence known by urging Walmart to stop its retaliation against associates who dare to speak out about working conditions. The #Ride4Respect uses the Freedom Riders of the Civil Rights Movement for inspiration. Completely appropriate, in my book. The fight for our rights as workers is a struggle for civil and human rights. Workers are American Citizens, and we are human beings. We don’t stop being Human Beings and Citizens when we pass through the doors of our place of employment.

One of the rights guaranteed to working people by U.S. Labor Law, is the right to speak out about the conditions of labor, and to do so without retaliation from our employer. That retaliation is illegal! Walmart’s retaliation has not ceased, in spite of denial that it exists, and in spite of promises to stop this retaliation (which they deny exists!) This is where the Unfair Labor Practice Strike comes into the picture. Striking Walmart Workers are a big part of the #Ride4Respect. This strike is historic as it will be the first prolonged ULP strike made by Walmart Workers. They are taking OUR Walmart’s fight for respect to another level.

Lisa Lopez walks and gives notice of ULP strike.

A Woman of Courage has put on her fighting clothes!

Mother Jones would be proud!

Cross posted from The Stars Hollow Gazette

At a press conference, Pres. Obama answered questions about the closing of Guantanamo detention center and the hunger strike that started almost a month ago and now involves 100 of the 166 detainees. “I don’t want these individuals to die,” Obama said, “Obviously the Pentagon is trying to manage the situation as best as they can. But I think all of us should reflect on why exactly are we doing this? Why are we doing this?”

Force feeding isn’t the answer, it violates their human rights. In a letter to Defense Secretary Chuck Hagel, the American Medical Association stated that “force feeding of detainees violates core ethical values of the medical profession.”

In the letter (AMA President Dr. Jeremy) Lazarus advised Hagel that the AMA opposes force-feeding a detainee who is competent to decide for himself whether he wants to eat.

“Every competent patient has the right to refuse medical intervention, including life-sustaining interventions,” Lazarus said, adding that the AMA took the same position on force-feeding Guantánamo prisoners in 2009 and 2005.

“The AMA has long endorsed the World Medical Association Declaration of Tokyo, which is unequivocal on the point: ‘Where a prisoner refuses nourishment and is considered by the physician as capable of forming an unimpaired and rational judgment concerning the consequences of such a voluntary refusal of nourishment, he or she shall not be fed artificially.’

The procedure is carried out by corpsmen, enlisted sailors trained to carry out medical procedures, usually supervised by a doctor or a nurse. It is unknown who determines which prisoner is to be force fed. The prisoner is strapped to a chair and his head, arms and legs restrained. A feeding tube is forced through the nose into the stomach and liquid nutrient (Ensure) is poured through the tube. This can be quite painful since it is being done involuntarily.

In an article at FDL’s Dissenter, Kevin Gosztola enumerated the actions Pres. Obama could have taken and didn’t

At any moment in the past months, Obama could have, according to Human Rights First, appointed “a high-level White House official with responsibility to ensure timely and effective implementation of the president’s plan to close Guantanamo.” It has not been done. Obama could have directed the secretary of defense, in “concurrence with the secretary of state and in consultation with the director of national intelligence, to certify detainee transfers and issue national security waivers, to the fullest extent possible consistent with applicable law.” To the public’s knowledge, that has not been attempted.

Obama tied his hand behind his back when the executive branch issued a moratorium on releasing Yemeni prisoners. Ninety of the 166 prisoners in Guantanamo are Yemeni. Twenty-five of the Yemeni prisoners have been cleared for release by Obama’s own review task force he had setup by executive order in 2009.

The Yemen government is demanding Yemeni prisoners be returned to Yemen. Abed Rabbo Mansour Hadi, president of Yemen, has said, “We believe that keeping someone in prison for over 10 years without due process is clear-cut tyranny. The United States is fond of talking democracy and human rights. But when we were discussing the prisoner issue with the American attorney general, he had nothing to say.”

Obama could direct the secretary of defense to initiate Periodic Review Board (PRB) hearings that were supposed to take place to determine if prisoners no longer posed a threat. As HRF described, “The executive order mandated that each detainee shall have an initial review, consisting of a PRB hearing, no later than March 7, 2012. Yet, nearly nine months after the deadline, not even a single PRB hearing is known to have been completed.”

Amy Goodman at Democracy Now! spoke with Carlos Warner, an attorney with the Federal Public Defender of the Northern District of Ohio, who represents 11 Guantánamo prisoners.

“Unfortunately, they’re held because the president has no political will to end Guantánamo,” Warner says. “The president has the authority to transfer individuals if he believes that it’s in the interests of the United States. But he doesn’t have the political will to do so because 166 men in Guantánamo don’t have much pull in the United States. But the average American on the street does not understand that half of these men, 86 of the men, are cleared for release.”

More from Marcy Wheeler at emptywheel:

Now, Obama does need Congress’ help to close Gitmo. He needs Congress’ help (though didn’t, when Eric Holder initially decided to try the 9/11 plotters in NY) to try the actual terrorists in civilian courts, to get them in Florence SuperMax in cells down the hall from Faisal Shahzad and Umar Farouk Abdulmutallab, whom he cites.

But most of the detainees at Gitmo won’t ever be tried in civilian courts, either because they were tortured so badly they couldn’t be tried without also admitting we tortured them (and, presumably, try the torturers), or because we don’t have a case against them.

Trying detainees who don’t pose a threat in civilian courts won’t solve the problem as they’re not guilty of any crime.

Moreover, Obama dodges what his Administration has done himself to keep detainees in Gitmo, notably the moratorium on transferring detainees to Yemen and the appeals of Latif and Uthman’s habeas cases so as to have the legal right to keep people based solely on associations and obviously faulty intelligence documents.

Obama doesn’t mention that part of Gitmo’s legacy. Obama says 10 years have elapsed and we should be able to move beyond the fear keeping men at Gitmo.

3 years have elapsed since he issued the moratorium on Yemeni transfers; 19 months have elapsed since he killed Anwar al-Awlaki, purportedly (though not really) the big threat in Yemen. It’s time to move on in Yemen, as well as generally.

Congress may have blocked Pres. Obama from closing the prison, which he signed into law, it didn’t stop him from treating those who are there humanely with dignity, especially those who have been held with no trails because there is no evidence to charge them. But force feeding the hunger strikers because he doesn’t want them to die? Outrageous. How about stop treating those who can be released as prisoners, let them contact their families through the Red Cross. Better yet let those who can go home.

Andrea Ayres at policym1c has an essay up entitled Transgender Rights:  Why they matter to everyone.

In the wake of Sweden declaring unconstitutional a 1972 law that forced transgender people to be sterilized prior to legal gender change, there apparently is renewed interest in the unequal treatment of transgender people.

While the U.S. does not require sterilization prior to a gender reassignment surgery, some states do require that the individual be labeled as having Gender Identity Disorder (GID).  At least until July of 2012.  The Diagnostic and Statistical Manual of Mental Disorders-V (DSM-V) replaced the term Gender Identity Disorder with Gender Dysphoria.

Gender dysphoria refers to emotional distress that may occur from “a marked incongruence between one’s experienced/expressed gender and assigned gender.”  Now the change does not eliminate all gender disorders.  An individual may still be identified as suffering from Transvestic Fetishism or Transvestic Autogynephilia.  The first refers to someone who becomes more sexually active when wearing the clothing incongruent with the sex they were assigned at birth.  The second, championed by an evil man (Ray Blanchard), refers to a person (usually a man, in Blanchard’s opinion) whose sexual impulse is connected with the thought of themselves as a member of “the opposite sex” (i.e. as a woman).  That is, roughly speaking, Blanchard believes transwomen who masturbate are autogynephiles.

The reason why this highlights continuing discrimination against trans individuals is because cisgendered individuals are allowed to behave in these matters without having their intentions questioned.  A cisgendered person is someone who self-identifies with the gender they were both with.  We would not think to question a cisgendered women’s desire to wear clothes, make-up etc, because she is acting in congruency with her societal role.