Outlawed

 

 

"Outlawed" is a video created by WITNESS and tells the story of torture and extraordinary rendition practiced by the Bush Administration. According to WITNESS:

"Outlawed: Extraordinary Rendition, Torture and Disappearances in the ‘War on Terror’" tells the stories of Khaled El-Masri and Binyam Mohamed, two men who have survived extraordinary rendition, secret detention, and torture by the U.S. government working with various other governments worldwide. "Outlawed" features relevant commentary from Louise Arbour, the U.N. High Commissioner for Human Rights, U.S. President George W. Bush, Michael Scheuer, the chief architect of the rendition program and former head of the Osama Bin Laden unit at the CIA, and Condoleezza Rice, the U.S. Secretary of State.

WITNESS is a human rights organization founded by Peter Gabriel that documents human rights abuses by using the power of video. I received a copy of this video when I attended the Extraordinary Rendition and Torture Teach-in at Georgetown University Law Center last month. It was an event organized by Amnesty International and others as part of Torture Awareness Month.

[Cross posted at Bloggers Against Torture]

Posted in Human Rights, Torture | Comments Off on Outlawed

The War On Terrorism Exception To International Treaties

 

Torture American Style

 

Two months after the United Nations Committee Against Torture released its report criticizing the Bush’s Administration’s use of torture, the United Nations Human Rights Committee followed up with its own report. The committee criticized the United States for its continued practice of torture and of using extraordinary rendition to send detainees to countries that practice torture. The Committee also criticized the Bush Administration’s holding of persons secretly and without charge.

According to the Committee report:

The Committee was concerned by credible and uncontested information that the State party had detained people secretly for months and years on end. It was also concerned that for a period of time the State party had authorized interrogation techniques such as prolonged stress positions and isolation, sensory deprivation, hooding, exposure to cold or heat, and 20-hour interrogations. While the Committee welcomed the assurance that those techniques were no longer authorized under the present Army Field Manual, the United States should ensure that the Manual only permitted techniques consistent with the prohibition contained in article 7 of the Covenant, and that those techniques were binding on all agencies of government and others acting for them. The Committee also noted with concern shortcomings in relation to the independence, impartiality and effectiveness of investigations conducted into allegations of torture and cruel, inhuman or degrading treatment or punishment in detention facilities in Guantanamo, Afghanistan, Iraq, and other overseas locations, and into alleged cases of suspicious death in custody in those locations.

The Committee was further concerned that the State party appeared to have adopted a policy to send, or to assist in sending, suspected terrorists to third countries for purposes of detention and interrogation, without the appropriate safeguards to prevent treatment prohibited by the Covenant.

Just as it did when confronted with the report from the UN Committee Against Torture, the Bush Administration defended itself by stating that the Human Rights Committee and the International Covenant on Civil and Political Rights, whose implementation the Committee is charged with monitoring, do not apply to the War on Terror. Specifically the Bush Administration argued that the Covenant only applied when the State Party (United States) committed torture on its own territory. In other words, if the United States tortures a detainee on foreign soil, the Committee does not have jurisdiction. The Bush Administration’s position was presented by Matthew Waxman, Principal Deputy Assistant Secretary, Department of State:

The United States believed that the law of armed conflict – international humanitarian law – provided the proper legal framework regarding some of the questions raised by the Committee, Mr. Waxman noted. The United States was aware of the views of members of the Committee regarding the extraterritorial application of the Covenant, including the Committee’s General Comment No. 31. The United States, however, had a principled and long-held view that the Covenant applied only to a State party’s territory. Article 2, paragraph 1, of the Covenant stated explicitly that States parties were required to respect and ensure the rights in the Covenant to all individuals "within its territory and subject to its jurisdiction". That plain meaning of the treaty language was also confirmed by the Covenant’s own negotiating record. It was in light of its principled and longstanding view on the scope of the application of United States obligations under the Covenant, that the United States had not included in its formal response to the Committee’s written questions information regarding activities outside of its territory or governed by the law of armed conflict.

The Committee however was not persuaded by the Bush Administration’s argument.

Having lost the moral high ground and having butchered the definition of torture, the Bush Administration is now left with making mind-bending arguments that defy common sense. Torture is torture only if it is practiced in the United States. Torture is not torture when practiced by the United States on foreign soil. This is the basis for the existence of Guantanamo Bay and an unknown number of CIA secret prisons across the globe. The Bush Administration has been getting a lot of bad legal advice. The only person who might perhaps have been impressed by these arguments is the late George Orwell.

 [Cross posted at Bloggers Against Torture]

Posted in Foreign Policy, Human Rights, Torture | 1 Comment

We Have Ways Of Making You Talk!!!

The Brain Trust

In the spring of 2002, the Bush Administration scored a major coup against al Qaeda. The third ranking member of al Qaeda, Abu Zubaydah, was captured in a daring raid in Pakistan. This surely was a major blow to the terrorist organization and a triumph for the Bush Administration in its War on Terror.

News organizations at the time breathlessly reported the capture of Abu Zubaydah, the "perfect terrorist":

The planes arrived shortly after 2am, the city’s mobile phones were shut down, then the police radio went off air. An hour later the FBI was ready to strike.

In an upstairs room in a two-storey house in the Faisal Town suburb of Faisalabad, an industrial city in western Pakistan, a tall 31-year-old man was asleep. Around him, stretched out on pallets on the concrete floor, were a dozen associates: fellow Arabs, Afghans and Pakistanis. The only light inside came from a flickering computer screen and the winking of a fax machine. Just before 4am, on 28 March, the FBI went in.

The man, Zayn al-Abidin Mohamed Husayn, aka Abu Zubaydah, woke as scores of FBI men, shouting and throwing stun grenades, swarmed over the low walls enclosing the house and smashed their way inside.

While his colleagues tried to hold off the FBI with kitchen knives, Zubaydah tried to escape. As he ran, he was shot in the stomach, the groin and the thigh. The FBI took him first to Faisalabad’s Allied Hospital and then to Islamabad, Pakistan’s capital, 170 miles to the north.

This was the stuff of James Bond movies. The Bush Administration was ecstatic:

U.S. officials said they believe Abu Zubaydah can identify names, faces and locations of Al Qaeda operatives the world over and may also know where Usama bin Laden is hiding.

The White House confirmed the capture Tuesday, and while it acknowledged it was a "very serious blow" to Al Qaeda, it also said Americans were still threatened.

White House press secretary Ari Fleischer described Zubaydah as an operational planner and key recruiter for Al Qaeda and a member of bin Laden’s "inner circle" who can provide a treasure-trove of top-to-bottom information about the terrorist group.

"He will be interrogated about his knowledge of ongoing plans to conduct terrorist activities. This represents a very serious blow to Al Qaeda," Fleischer said.

Soon, under "enhanced interrogation techniques", Abu Zubaydah started to sing like a canary. He was a treasure trove of information. He was involved in anything and everything al Qaeda. The Bush Administration had hit upon the mother load. This man was al Qaeda’s James Bond and Austin Powers rolled up into one. He was al Qaeda’s operational coordinator; he was a master of disguise; he was al Qaeda’s chief recruiter; he had briefed the hapless shoe bomber; he had planned to blow up the U.S. embassies in Paris and Sarajevo; he was connected to the plot to blow up Los Angeles International Airport in 1999. He also gave great tips. He tipped off U.S. authorities about a threat to U.S. financial institutions; about "possible al Qaeda attacks on large apartment buildings, shopping malls, supermarkets and restaurants"; about Jose Padilla, the alleged "dirty bomber". In short, he was a super terrorist – sans the evil cape.

He was so dangerous he could not be kept at Guantanamo Bay for fear that he may use some al Qaeda mind meld technique to communicate with other detainees. So, he was "disappeared" into the CIA’s secret prison system somewhere overseas. There he became a prime candidate for some of the cool torture techniques that the Bush Administration loved and cherished. But soon doubts started to emerge about the quality of Mr. Zubaydah’s information.

Nonetheless, torture must go on. Enter John Yoo, a brilliant young lawyer working for the Justice Department. At some point, Abu Zubaydah had stopped being cooperative. So the CIA turned to the Justice Department for guidance on how to extract information from Zubaydah. That request prompted the now infamous "Torture Memo" from Mr. Yoo. Cool and fun techniques such as "waterboarding" were approved for the worst of the worst like Zubaydah. Once those newly sanctioned techniques were applied, Zubaydah was back to his old self again singing like he had never sung before.

Now, however, it has emerged that the reason Mr. Zubaydah’s information seemed so unreliable at the time was because he is mentally ill. It turns out that Abu Zubaydah was not al Qaeda no. 3 like previously touted, but in fact he was a low level "travel agent" who arranged travel for spouses and relatives of al Qaeda members. He also had multiple personalities that were fascinated with what clothes people wore. Ron Suskind, in his book The One Percent Doctrine, lays it out for us:

Abu Zubaydah, his captors discovered, turned out to be mentally ill and nothing like the pivotal figure they supposed him to be. CIA and FBI analysts, poring over a diary he kept for more than a decade, found entries "in the voice of three people: Hani 1, Hani 2, and Hani 3" — a boy, a young man and a middle-aged alter ego. All three recorded in numbing detail "what people ate, or wore, or trifling things they said." Dan Coleman, then the FBI’s top al-Qaeda analyst, told a senior bureau official, "This guy is insane, certifiable, split personality."

Abu Zubaydah also appeared to know nothing about terrorist operations; rather, he was al-Qaeda’s go-to guy for minor logistics — travel for wives and children and the like. That judgment was "echoed at the top of CIA and was, of course, briefed to the President and Vice President," Suskind writes. And yet somehow, in a speech delivered two weeks later, President Bush portrayed Abu Zubaydah as "one of the top operatives plotting and planning death and destruction on the United States." And over the months to come, under White House and Justice Department direction, the CIA would make him its first test subject for harsh interrogation techniques.

So, a low level al Qaeda member who was insane was causing the U.S. law enforcement authorities to jump through hoops chasing phantom al Qaeda plots. Sounds to me like a sinister al Qaeda plot to tire all of us out!

But how could the most powerful nation in the world be given the run around by a mentally ill detainee? It does not seem possible. It turns out that the U.S. response was being driven by George W Bush’s ego and his need to avoid embarrassment:

"I said he was important," Bush reportedly told Tenet at one of their daily meetings. "You’re not going to let me lose face on this, are you?" "No sir, Mr. President," Tenet replied. Bush "was fixated on how to get Zubaydah to tell us the truth," Suskind writes, and he asked one briefer, "Do some of these harsh methods really work?" Interrogators did their best to find out, Suskind reports. They strapped Abu Zubaydah to a water-board, which reproduces the agony of drowning. They threatened him with certain death. They withheld medication. They bombarded him with deafening noise and harsh lights, depriving him of sleep. Under that duress, he began to speak of plots of every variety — against shopping malls, banks, supermarkets, water systems, nuclear plants, apartment buildings, the Brooklyn Bridge, the Statue of Liberty. With each new tale, "thousands of uniformed men and women raced in a panic to each . . . target." And so, Suskind writes, "the United States would torture a mentally disturbed man and then leap, screaming, at every word he uttered."

This would be comic if not for the fact that the United States faces real dangers in this world. Instead of tracking real dangers down, the Bush Administration has been engaged in torturing a mentally ill man just because George W Bush did not want to lose face. There are many absurd reasons why tyrants and abusers torture people around the world – but this has to be one of the most absurd.

In light of the case of Abu Zubaydah, one has to ask how serious the Bush Administration is in defending this country? If given a choice between protecting the President from embarrassment and protecting the United States, which path will this Administration choose? And will torture litter that path?

 [Cross posted at Bloggers Against Torture]

Posted in Foreign Policy, Human Rights, Politics, Terrorism, Torture | 1 Comment

Going After The Family

On April 29, 2003 Waleed bin Attash was arrested by police in Karachi, Pakistan. He is suspected of planning the attack on the USS Cole. He has since been "disappeared" into the secret detention centers of the Central Intelligence Agency. Six months earlier, his 17-year-old brother, Hassan bin Attash was arrested in Pakistan and handed over to American forces. Hassan is currently being held at Guantanamo Bay.

According to his lawyer, Hassan was initially sent to a U.S. run "Dark Prison" in Kabul, Afghanistan for about a week. He was then flown to Jordan on an extraordinary rendition flight. While in Jordan he was severely tortured  by Jordan’s General Intelligence Directorate, or GID. He was interrogated about his brother, Waleed bin Attash. According to his lawyer, Mark Falkoff, one favorite torture technique of the GID was to "beat the soles of his feet and then placed them in salt water". Ultimately, he signed "whatever was asked of him."

Hassan was moved from Jordanian custody back to the "Dark Prison" in Kabul on January 8, 2004. He was moved again to a prison in Bagram before ultimately arriving in Guantanamo Bay in May 2004. He has been there ever since. To keep it all in the family his 70-year-old father was picked up and detained in Saudi Arabia under U.S. orders.

Of Hassan, his lawyer had this to say:

“I couldn’t tell you whether he was guilty or innocent,” Falkoff said. “I have no clue because we haven’t been able to talk to him about anything other than the abuse he suffered, and the judge in his case refused to require the government to justify his detention. I don’t know what evidence the government claims to have against him or even the charges.”

Regardless of the his innocence or guilt, which apparently the U.S. government does not need to prove or pretend to prove, Hassan has been subjected to the grand tour of the U.S. torture archipelago. It now appears that his 70-year-old father has been subjected to the same. All of this because, it seems, of being related to an alleged al Qaeda operative. It begs the question why Osama bin Laden’s brothers and family are not subjected to the same treatment. Instead the Bush Administration flew them out of the U.S. immediately after September 11th without even questioning them. Could it be that torture is only doled out to those who do not have money and influence?

It looks like we have learned a thing or two from The Sopranos. 

 [Cross posted at Bloggers Against Torture]

Posted in Foreign Policy, Human Rights, Torture | Comments Off on Going After The Family

Get Your Blogathon 2006 Posts Here!

I’ll update this post throughout the day with links to all our Blogathon 2006 posts at Bloggers Against Torture.

Here’s the list:

  1. Let the 2006 Blogathon Commence! by The Heathlander (posted at 8:56 a.m.)
  2. Going After The Family by Mash (posted at 9:42 a.m.)
  3. War Crimes Act of 1996 — Oops We Didn’t Mean Us by Marcella Chester (posted at 10:02 a.m.)
  4. Circumventing Article 3 and Other Atrocities by the Bush Administration by Robbie (posted at 10:33 a.m.)
  5. Torture – What is the point? by cyberotter (posted at 11:04 a.m.)
  6. The reason to have legal parameters of conduct with prisoners by Ingrid (posted at 11:33 a.m.)
  7. Words Words Words, now..the visual by Ingrid (posted at 12:02 p.m.)
  8. Meanwhile, Back In Guantanamo Bay Prison… by Robbie (posted at 12:34 p.m.)
  9. The Internment of Juma Mohammed Abdul Latif Al Dossary by Robbie (posted at 1:11 p.m.)
  10. We Have Ways Of Making You Talk!!! by Mash (posted at 1:31 p.m.)
  11. The Iron Fist Fallacy by Marcella Chester (posted at 2:00 p.m.)
  12. I. Are They HUman? by Per (posted at 2:32 p.m.)
  13. II. Do As You Are Done? by Per (posted at 3:02 p.m.)
  14. III. Why? by Per (posted at 3:30 p.m.)
  15. The US is Practicing Torture by Proxy Around the World by The Heathlander (posted at 4:12 p.m.)
  16. IV. Are You A Torturer Too? by Per (posted at 4:30 p.m.)
  17. Torture & Extraordinary Rendition Flights Are a State Secret by Robbie (posted at 5:02 p.m.)
  18. Dana Priest Appreciation Thread by Robbie (posted at 5:35 p.m.)
  19. V. I confess: I am! by Per (posted at 6:00 p.m.)
  20. VI. Civil and Human Rights? by Per (posted at 6:30 p.m.)
  21. The War On Terrorism Exception To International Treaties by Mash (posted at 7:03 p.m.)
  22. Jordan Is "Central Hub" of Secret Detention Centers by Robbie (posted at 7:33 p.m.)
  23. Psychologists To Assist In Military Interrogations by Robbie (posted at 8:05 p.m.)
  24. Abu Ghraib: The Las Vegas of Iraq by Marcella Chester (posted at 8:30 p.m.)
  25. Outlawed by Mash (posted at 9:03 p.m.)
  26. VII. We Must Withstand! by Per (posted at 9:30 p.m.)
  27. The Real World by Per (posted at 10:00 p.m.)
  28. Dershowitz’s Arguments For The Legalisation of Torture are both Nonsensical and Unnecessary by The Heathlander (posted at 10:30 p.m.)
  29. The Dark Prison by Mash (posted at 11:00 p.m.)
  30. Support StopTheTorture.org by Robbie (posted at 11:42 PM)
  31. Amnesty International: Hamdan v. Rumsfeld Action Letter Campaign by Robbie (posted at 12:03 a.m.)
  32. Living In A Post 9/11 World Means Living Outside The Bubble by Marcella Chester (posted at 12:30 a.m.)
  33. The Mentality of Torture. by The Heretical Jew (posted at 1:00 a.m.)
  34. Debunking The "Ticking Bomb" Argument For Torture by Mash (posted at 1:32 a.m.)
  35. IX. HUman Beings are equal! by Per (posted at 2:00 a.m.)
  36. VIII. The price is vulnerability. by Per (posted at 2:30 a.m.)
  37. Torture: It’s Fashionable in Belarus, Too by Robbie (posted at 3:01 a.m.)
  38. Oath Betrayed: Torture, Medical Complicity, and the War on Terror by Robbie (posted at 3:33 a.m.)
  39. The Suffering Must Not Be Anonymous by The Heathlander (posted at 4:00 a.m.)
  40. It Pisses Me Off by Chuck Cliff (posted at 4:30 a.m.)
  41. Detainee 546 by Mash (posted at 5:00 a.m.)
  42. The Headlines are Enough to Make You Puke by Chuck Cliff (posted at 5:20 a.m.)
  43. Loose Change by Ingrid (posted at 5:30 a.m.)
  44. Eyes wide shut by bodda (posted at 5:41 a.m.)
  45. You Know The United States Is In Deep Trouble… by Robbie (posted at 6:30 a.m.)
  46. Amnesty International USA Critical of U.S. Human Rights Record by Robbie (posted at 7:01 a.m.)
  47. Please call me by my true name by Per (posted at 7:30 a.m.)
  48. In Tyrannis by Per (posted at 7:45 a.m.)
  49. Psychology and U.S. psychologists in torture and war in the Middle East by Ingrid (posted at 7:50 a.m.)
  50. Torture FAQ by bodda (posted at 8:00 a.m.)
  51. If We Shouldn’t Torture What Should We Do Instead? by Marcella Chester (posted at 8:32 a.m.)
  52. not so random links by bodda (posted at 8:45 a.m.)
  53. Congrats! We Did It! by The Heathlander (posted at 9:00 a.m.)

 

Posted in Torture | 1 Comment