Tag: Torture

Cross posted from The Stars Hollow Gazette

Dahlia Lithwick, a lawyer and senior editor at Slate, spoke with Cenk Uygur about returning the rule of law to thus country now that Osama bin Laden is dead. She calls for President Obama to fulfill his campaign promises to close Guantanamo, end military tribunal in lieu of Article III trials. In her article at Slate she discusses “Closing Pandora’s Box” ending the euphemistic “was on terror”:

The killing of Osama bin Laden has, for a brief instant, united an America that seemed permanently torn in two over birth certificates, the deficit, and the Donald. We can debate whether there should have been a trial, whether Americans ought to be dancing in the streets, whether it was legal to kill him, or even whether it matters whether it was legal to kill him. But we all appear to basically agree that the world is a far better place because the man responsible for one of the most vicious attacks in U.S. history is no longer in it.

So now what? Legally speaking, there are two broad lessons to derive from the Obama administration’s latest salvo in the war on terror. One is that it shows the need to continue operating outside legal norms indefinitely. The other is that it allows us to declare a symbolic victory over terrorism and return once more to the pre-9/11 regime in which the rule of law is inviolate.

snip

About all we can say with certainty is this: We tortured. We live in a world in which we must contend with information obtained by torture. We now need to decide whether we want to continue to live that way. Writers from ideological backgrounds as diverse as Matt Yglesias and Ross Douthat argue that it is time to return to the paradigm abandoned after 9/11. Let’s put the 9/11 attacks and the existential threat it created behind us. With Bin Laden’s death, let’s simply agree that the objectives of the Bush administration’s massive anti-terror campaign have finally been achieved, and that the time for extra-legal, extra-judicial government programs-from torture, to illegal surveillance, to indefinite detention, to secret trials, to nontrials, to the prison camp at Guantanamo Bay-has now passed. There will be no better marker for the end of this era. There will be no better time to inform the world that our flirtation with a system of shadow-laws was merely situational and that the situation now is over.

Although, I agree with Ms. Lithwick that President Obama has a grand opportunity to fulfill some of his campaign promises ending many of the extra-legal abuses of the Bush administration and his own, I disagree on others. Without prosecuting US war criminals — Bush, Cheney, Rumsfeld, Rice, all the lawyers and military commanders — the United States will never regain the stature it once had in the world in Human Rights. Pretending it never happened not going to make all the violations of International and US law go away. It is unrealistic to think it will.

The Center for Constitutional Rights has released the Torture Indictment against former President George W. Bush!

Done In Our Names

The blowback will be felt for the coming decades, he on the other hand just wants to sell his book and reap more wealth from speaking, if one can call what he does when mouth opens speaking!

Bradley Manning’s detention conditions got worse this week. He is now being held in total isolation in the brig at the Quantico, VA Marine Base. As has been reported by his friend David House, the only visitor he is allowed besides his lawyer, Manning’s mental and physical condition has been deteriorating steadily during his seven month long detention. Manning has no history violence or disciplinary infractions and that he is a pre-trial detainee not yet convicted of any offense.

Last Friday Jane Hamsher reported on Manning’s detention and a complaint that has been filed protesting his abuse:

For over five months, Bradley Manning has been held under Prevention of Injury (POI) watch at the Quantico Brig against the recommendations of three forensic psychiatrists. Manning’s attorney, David Coombs, has filed an Article 138 Complaint under the Uniform Code of Military Justice, asserting that this represents an abuse of Brig Commander James Averhart’s discretion.

Coombs’ complaint was filed after the Brig Commander placed Manning under “suicide risk” and MAX custody earlier this week, which made his conditions dramatically worse. Glenn Greenwald broke the story about the inhumane conditions of Manning’s pre-trial confinement last month, shortly before the New York Times reported that the Justice Department strategy regarding Wikileaks was to “persuade” Manning to testify against Julain Assange.. . . . .

Bradley Manning has not been convicted of anything. Abusing his mental health classification while attempting to “persuade” him to testify against Julian Assange has alarming echoes of the techniques used to elicit false confessions from terrorist suspects.  It should alarm everyone that we could be watching pre-trial coersion becoming acceptable American shores.  If so, we can all wave goodbye to “innocent until proven guilty.”

Today Jane, accompanied by David House, went to Quantico to visit Manning and deliver a protest petition to brig officials. Instead they were detained at the gate and harassed by the MP’s who readily admitted they were ordered to do so.

Between 1:00 – 1:30 MPs took their IDs and made them sign a form that they could not deviate to the brig or else they would be considered trespassing. At this time, one of the MPs asked for Hamsher’s auto insurance card. MP Gunnery Sgt. Foster informed Hamsher that her car would be towed after declining to accept a digital copy of Hamsher’s insurance card. House and Hamsher offered to drive off the base but were denied, despite being detained only ten feet inside the base’s perimeter. The MPs then took the Social Security numbers, phone numbers and addresses of House and Hamsher.

Around 1:40 the tow truck arrived and MPs instructed House and Hamsher to leave their vehicle, informing them that their vehicle would be searched. At 2:00 pm House observed military officers arriving and entering the MP outpost which oversaw their detainment. House expressed concern that he would miss Manning’s visiting hours but was told that he could neither exit nor move forward to the base. No explanation for House and Hamsher’s detainment was provided until, and they were held until 2:50 when they were informed they could leave the base. They were detained for two hours up until Manning’s visitation time period expired at 3:00 pm.

House and Jane have visited Manning in the past but not since Amnesty International filed a complaint to Defense Secretary Robert Gates calling for an investigation into the conditions of Manning’s confinement. The Amnesty International complaint came on the heals of the United Nations’ special rapporteur on torture, Juan E. Mendez, submitting a formal inquiry about the conditions of Manning’s detention. House was banned today from seeing Manning. One of the question now is will he be banned in the future because of his reports on Manning’s condition under these harsh conditions.

I look around at the reports about the resumption of the military commissions at Guantanamo and the new policies on the use of Miranda in terrorist interrogations and I wonder is this still the United States? What happened to our principles of justice, not that they ever favored the underprivileged? Is this country turning into the new Soviet Russia?

Cross posted from The Stars Hollow Gazette

Obama continues to make Dick Cheney proud.

U.S. Prepares to Lift Ban on Guantánamo Cases

WASHINGTON – The Obama administration is preparing to increase the use of military commissions to prosecute Guantánamo detainees, an acknowledgment that the prison in Cuba remains open for business after Congress imposed steep new impediments to closing the facility.

Defense Secretary Robert M. Gates is expected to soon lift an order blocking the initiation of new cases against detainees, which he imposed on the day of President Obama’s inauguration. That would clear the way for tribunal officials, for the first time under the Obama administration, to initiate new charges against detainees.

Charges would probably then come within weeks against one or more detainees who have already been designated by the Justice Department for prosecution before a military commission, including Abd al-Rahim al-Nashiri, a Saudi accused of planning the 2000 bombing of the American destroyer Cole in Yemen; Ahmed al-Darbi, a Saudi accused of plotting, in an operation that never came to fruition, to attack oil tankers in the Straits of Hormuz; and Obaydullah, an Afghan accused of concealing bombs.

The rules for admissible evidence that these commission operate under are far loser than a civilian court.

Jeralyn Merritt at TalkLeft explains:

One of those expected to be recharged and tried is Abd al Rahim al Nashiri, who was captured in 2002. Al-Nashiri was originally charged by the Bush Administration with participating in the 2000 bombing of the U.S.S. Cole. He was facing the death penalty. The Obama Administration moved to dismiss the charges against in in 2009. Al-Nashiri’s co-defendants were moved to federal court. Why wasn’t Al-Nashiri? The obvious answer is because the evidence against him was obtained by torture. His lawyer, Lt. Com. Stephen Reyes says:

“Nashiri is being prosecuted at the commissions because of the torture issue,” Mr. Reyes said. “Otherwise he would be indicted in New York along with his alleged co-conspirators.”

Most of those who will be charged and face the death penalty are not prosecutable in a civilian court because not only is all of the evidence against them was obtained through torture but the detainees themselves were tortured. President Obama and Attorney General Holder are prosecuting the wrong people. They should be trying Bush and Cheney who have both publicly confessed to personally authorizing torture.

And if you the average American citizen thought you were safe from this abuse, think again:

Obama administration keeps new policy on Miranda secret

The Justice Department has a new policy for terrorism interrogations — but officials won’t publicly release it

The Obama administration has issued new guidance on use of the Miranda warning in interrogations of terrorism suspects, potentially chipping away at the rule that bars the government from using information in court if it was gathered before a suspect was informed of his right to remain silent and to an attorney.

But the Department of Justice is refusing to publicly release the guidance, with a spokesman describing it in an interview as an “internal document.” So we don’t know the administration’s exact interpretation of Miranda, even though it may have significantly reshaped the way terrorism interrogations are conducted.

If Bush was bad, Obama is taking it to new levels.

Obama continues to make Dick Cheney proud.

U.S. Prepares to Lift Ban on Guantánamo Cases

WASHINGTON – The Obama administration is preparing to increase the use of military commissions to prosecute Guantánamo detainees, an acknowledgment that the prison in Cuba remains open for business after Congress imposed steep new impediments to closing the facility.

Defense Secretary Robert M. Gates is expected to soon lift an order blocking the initiation of new cases against detainees, which he imposed on the day of President Obama’s inauguration. That would clear the way for tribunal officials, for the first time under the Obama administration, to initiate new charges against detainees.

Charges would probably then come within weeks against one or more detainees who have already been designated by the Justice Department for prosecution before a military commission, including Abd al-Rahim al-Nashiri, a Saudi accused of planning the 2000 bombing of the American destroyer Cole in Yemen; Ahmed al-Darbi, a Saudi accused of plotting, in an operation that never came to fruition, to attack oil tankers in the Straits of Hormuz; and Obaydullah, an Afghan accused of concealing bombs.

The rules for admissible evidence that these commission operate under are far loser than a civilian court.

Jerralyn Merrick at Talk Left explains:

One of those expected to be recharged and tried is Abd al Rahim al Nashiri, who was captured in 2002. Al-Nashiri was originally charged by the Bush Administration with participating in the 2000 bombing of the U.S.S. Cole. He was facing the death penalty. The Obama Administration moved to dismiss the charges against in in 2009. Al-Nashiri’s co-defendants were moved to federal court. Why wasn’t Al-Nashiri? The obvious answer is because the evidence against him was obtained by torture. His lawyer, Lt. Com. Stephen Reyes says:

“Nashiri is being prosecuted at the commissions because of the torture issue,” Mr. Reyes said. “Otherwise he would be indicted in New York along with his alleged co-conspirators.”

Most of those who will be charged and face the death penalty are not prosecutable in a civilian court because not only is all of the evidence against them was obtained through torture but the detainees themselves were tortured. President Obama and Attorney General Holder are prosecuting the wrong people. They should be trying Bush and Cheney who have both publicly confessed to personally authorizing torture.

And if you the average American citizen thought you were safe from this abuse, think again:

Obama administration keeps new policy on Miranda secret

The Justice Department has a new policy for terrorism interrogations — but officials won’t publicly release it

The Obama administration has issued new guidance on use of the Miranda warning in interrogations of terrorism suspects, potentially chipping away at the rule that bars the government from using information in court if it was gathered before a suspect was informed of his right to remain silent and to an attorney.

But the Department of Justice is refusing to publicly release the guidance, with a spokesman describing it in an interview as an “internal document.” So we don’t know the administration’s exact interpretation of Miranda, even though it may have significantly reshaped the way terrorism interrogations are conducted.

If Bush was bad, Obama is taking it to new levels.

Former US Secretary of Defense Donald Rumsfeld accused of torture

from Global Research, January 14, 2011 Press TV  

A US rights group has filed a lawsuit charging former US Secretary of Defense Donald Rumsfeld with involvement in torturing former prisoners in American prisons in Iraq and Afghanistan.

American Civil Liberties Union (ACLU) catapulted the torture case into prominence on Thursday after it lodged an appeal to a court in the District of Columbia, alleging that Rumsfeld and some senior US military officials were quite aware of a torture case involving nine detainees between 2002 and 2004 in American prisons in the two countries, AFP reported.

The case initially was brought forth in December 2006, but later on was withdrawn by a federal court in March 2007 on the grounds that the ex-defense secretary and other top American military officials were immune from prosecution.

The US-based human rights group stated that under the Constitution and international law, torture is strictly prohibited and commanders are obliged to act when they know or should have known of such abuses.

The ACLU argued that the 78-year-old Rumsfeld and other military officials were repeatedly notified of abuse and torture at detention facilities in Iraq and Afghanistan by the International Red Cross and other reports as well as complaints by human rights organizations, thus they are directly responsible for the abuses.

The group further touched upon a case involving a prisoner identified as Ali.V, adding that prisoners, who were later released without charge, “were beaten, tortured, and sexually abused.”

Meanwhile, three judges at an appeals court in the District of Columbia said the case has a little chance to succeed.

The remarks came as a group of activists, each wearing black hoods and orange jumpsuits representing the prisoners at the US prison camp in Guantanamo Bay staged a rally in front of the court room on Thursday to protest against negligence over the torture case.

Rumsfeld is currently putting finishing touches on the release of his memoire book titled “Known and unknown”, which is due to hit bookshelves in the US on 8 February.

 

Just in from the New York Times:

The United Nations says it is looking into a complaint that the Army private suspected of giving classified documents to WikiLeaks has been mistreated in custody.

The UN office for torture issues in Geneva said Wednesday it received a complaint from one of Pfc. Bradley Manning’s supporters alleging that conditions in a Marine Corps brig in Quantico, Va., amount to torture. Visitors say he spends at least 23 hours a day alone in a cell.

The Pentagon has denied mistreating Manning. A Marine Corps spokesman says the military is keeping Manning safe, secure and ready for trial. …

The UN could ask the United States to stop any violations it finds.

So I guess the petition we all signed is working.

Good news.  

Julian Assange is the big media story, but the unsung hero is probably Brad Manning.  Unfortunately, while Manning suffers in solitary confinement, as he has for the past 7 months, and we scour the leaked material for which he might be responsible, the subject of Manning’s torturous, stringent, long term confinement are noted with horror and contempt, but is anything being done to challenge them?  Put another way, where is the Great Writ, the writ of habeas corpus, for Brad Manning?