Profile: Amnesty International
(July 11, 2002)
“Prosecution for the gravest crimes should not be subject to delay or obstruction.”
[New York Times, 7/12/2002]
(July 12, 2002)
“The Bush administration rolled a diplomatic tank over the International Criminal Court statute via an unlawful Security Council resolution..”
[New York Times, 7/13/2002]
May 13, 2004
“Coercive interrogation methods endorsed by members of the US government amount to torture or cruel, inhuman or degrading treatment and violate international law and the USA’s treaty obligations”
[Amnesty International, 5/13/2004]
Amnesty International was a participant or observer in the following events:
Protesters, now including workers, farmers, police, soldiers, and members of the League of Communists of Yugoslavia, along with the students, continue to demonstrate, and in greater numbers, demanding the release of those arrested earlier and more. Some say that Kosovo should be a Yugoslav republic, instead of an autonomous province, or join Albania. Many Serbs agree with Tihomir Vlaskalic, president of the Central Committee of the Serbian LCY, who says, “We have taken it for granted that Kosovo has its own Republic in Yugoslavia—the Socialist Republic of Serbia.” On March 26, students in Pristina attack Serbs and Monenegrins, and rob and burn houses and businesses. Students in Podujeve, Vucitern, Gjakova, Gjilan, Ferizaj, and Mitrovice join in on April 1-2. Serbia calls in the Yugoslav police and army and fighting occurs during a state of emergency, prohibition on gathering, and a curfew on April 2, throughout Kosovo. Thirty thousand soldiers and tanks are deployed, which some Albanians see as an occupation. Kosovo LCY President Mahmut Bakalli urges the military and police not to guard the radio and TV studios, because it would inflame the public. The last large demonstration is the May 18 occupation of Pristina University dormitories, which is ended by police using tear gas on May 19. The university is closed and its University Council is disbanded. High school students are expelled for demonstrating. More than 1,000 LCY members will be expelled or unilaterally removed from membership, and 11 LCY basic organizations will be disbanded during the emergency measures. Two months later martial law will end, but major towns are patrolled by security forces and covert officers of the Yugoslav Ministry of the Interior afterward.
Casualties - From March 11 to April 2, nine Albanians and a Serb policeman are killed, according to the Yugoslav government. In 1989 a Yugoslav source will say the wounded include 75 Albanians (55 of whom were wounded by gunshots), three militia with serious injuries, and 127 with less serious wounds. Kosovar Albanian sources say as many as 1,000 are killed and even more hurt. Amnesty International will later say that the Serbian LCY Central Committee was told more than 300 were killed. In 1992 the Council for the Defense of Human Rights and Freedoms, located in Pristina, will find only 13 Albanians known to have been killed.
Government Countermeasures - Around 1,400 Albanians are given prison terms of up to 15 years, 3,000 given sentences of up to three months in prison, and 6,000 are otherwise punished. During the summer break, almost 300 students are given trials as brief as a few hours, and given up to 15-year prison terms. In June, the government says 506 people were summarily fined or jailed for up to 60 days under the Code for Petty Offenses. By August 31, another 245 people are given one to 15-year prison terms by the federal authorities and 60 people are convicted in September. The education minister of Croatia and other Croatian and Slovenian authorities will say Serbia should be less draconian. Many professors will be blacklisted in the Komunist magazine. The Kosovo Committee of the LCY calls for a 10 percent smaller student body at Pristina University and dispersal of some departments elsewhere in the province. When the fall semester begins in September, Albanian history, literature, language, culture, and art courses will be censored. Translated Serbian textbooks replace uniformly banned textbooks from Albania. The number of Albanian students, and their former quota of two-thirds of the student body, will be reduced annually.
Continuing Unrest - For years after spring 1981, government offices, monuments, and Serb graves will be vandalized and subversive literature circulated in Kosovo, western Macedonia, and parts of Montenegro. Slavs will begin to leave Kosovo out of intimidation rather than for economic reasons, and refer to threats, attacks, murder, arson, and vandalism. Many settle in Smederevo, Kragujevac, Nis, Kraljevo, Svetozarevo, and Belgrade. Belgrade residents insultingly call them Vrcani, and reportedly Slavs from Kosovo are considered tainted by association with Albanians. [Vickers, 1998, pp. 197 - 209, 212-213; Kola, 2003, pp. 157-158, 162]
’Nayirah’ testifying before Congress. [Source: Web Fairy (.com)]An unconfirmed report of Iraqi soldiers entering a Kuwaiti hospital during the Iraqi invasion of Kuwait (see August 2, 1990) and removing newborns from their incubators causes a sensation in the US media. The rumor, which later turns out to be false, is seized upon by senior executives of the PR firm Hill & Knowlton, which has a $11.9 million contract from the Kuwaiti royal family to win support for a US-led intervention against Iraq—the largest foreign-funded campaign ever mounted to shape US public opinion. (Under the Foreign Agents Registration Act, the firm should have been held accountable for its marketing campaign, but the Justice Department fails to intervene.) The firm also has close ties to the Bush administration, and will assist in marketing the war to the US citizenry. [Christian Science Monitor, 9/6/2002; Independent, 10/19/2003; Public Relations Watch, 6/3/2007] Hill & Knowlton uses a front group, “Citizens for a Free Kuwait” (see August 11, 1990), to plant the stories in the news media.
Congressional Hearings - Hearings on the story, and other tales of Iraqi atrocities, are convened by the Congressional Human Rights Caucus, chaired by Representatives Tom Lantos (D-CA) and John Porter (R-IL). Reporters John Stauber and Sheldon Rampton will later characterize the caucus as little more than an H&K-funded sham; Lantos and Porter are also co-chairs of the Congressional Human Rights Foundation, a legally separate entity that occupied free office space in Hill & Knowlton’s Washington, DC offices. The star of the hearings is a slender, 15-year old Kuwaiti girl called “Nayirah.” According to the Caucus, her true identity is being concealed to prevent Iraqi reprisals against her or her family. Sobbing throughout her testimony, “Nayirah” describes what she says she witnessed in a hospital in Kuwait City; her written testimony is provided to reporters and Congressmen in a media kit prepared by Citizens for a Free Kuwait. “I volunteered at the al-Addan hospital,” she tells the assemblage. “While I was there, I saw the Iraqi soldiers come into the hospital with guns, and go into the room where… babies were in incubators. They took the babies out of the incubators, took the incubators, and left the babies on the cold floor to die.” [Christian Science Monitor, 9/6/2002; Los Angeles Times, 1/5/2003; Public Relations Watch, 6/3/2007] The hearings, and particularly “Nayirah’s” emotional tale, inflame American public opinion against the Iraqis (see October 10, 1990 and After) and help drum up support for a US invasion of Iraq (see January 9-13, 1991).
Outright Lies - Neither Lantos, Porter, nor H&K officials tell Congress that the entire testimony is a lie. “Nayirah” is the daughter of Saud Nasir al-Sabah, the Kuwaiti ambassador to the US. Neither do they reveal that “Nayirah’s” testimony was coached by H&K vice president Lauri Fitz-Pegado. Seven other “witnesses” testify to the same atrocities before the United Nations; the seven use false names and identities. The US even presents a video made by Hill & Knowlton to the Security Council. No journalist investigates the claims. As author Susan Trento will write: “The diplomats, the congressmen, and the senators wanted something to support their positions. The media wanted visual, interesting stories.” It is not until after the war that human rights investigators look into the charges. No other witnesses can be located to confirm “Nayirah’s” story. Dr. Mohammed Matar, director of Kuwait’s primary care system, and his wife, Dr. Fayeza Youssef, who runs the obstretrics unit at the maternity hospital, says that at the time of the so-called atrocities, few if any babies were in incubator units—and Kuwait only possesses a few such units anyway. “I think it was just something for propaganda,” Dr. Matar will say. It is doubtful that “Nayirah” was even in the country at the time, as the Kuwaiti aristocracy had fled the country weeks before the Iraqi invasion. Amnesty International, which had supported the story, will issue a retraction. Porter will claim that he had no knowledge that the sobbing little girl was a well-rehearsed fabricator, much less an ambassador’s daughter. Canadian Broadcasting Corporation reporters will ask al-Sabah for permission to question his daughter about her testimony; he will angrily refuse. “Naiyrah” herself will later admit that she had never been in the hospital herself, but had learned of the supposed baby murders from a friend. In a subsequent interview about media manipulation during the war, Fitz-Pegado will say: “Come on.… Who gives a sh_t whether there were six babies or two? I believed her.” She will later clarify that statement: “What I meant was one baby would be too many.” [CounterPunch, 12/28/2002; Independent, 10/19/2003; Public Relations Watch, 6/3/2007]
Entity Tags: Susan Trento, Tom Lantos, Sheldon Rampton, US Congress, United Nations Security Council, Saud Nasir al-Sabah, US Department of Justice, Mohammed Matar, Lauri Fitz-Pegado, Citizens for a Free Kuwait, ’Nayirah’, Amnesty International, Bush administration (41), John Stauber, Congressional Human Rights Caucus, Canadian Broadcasting Corporation, Fayeza Youssef, John MacArthur, John Porter, Hill and Knowlton, Congressional Human Rights Foundation, Jack O’Dwyer
Timeline Tags: Events Leading to Iraq Invasion, Domestic Propaganda
Amnesty International, in its annual report on US military aid and human rights, states that “throughout the world, on any given day, a man, woman or child is likely to be displaced, tortured, killed or ‘disappeared’ at the hands of governments or armed political groups. More often than not, the United States shares the blame.” [Chomsky, 1998]
The NSA’s Echelon satellite surveillance system has eavesdropped on numerous public figures, human rights organizations, charities, and even the Vatican, former British intelligence officials admit (see February 27, 2000). The NSA, which shares information with Britain, Canada, Australia, and New Zealand, has eavesdropped on, among others, Princess Diana (see November 30, 1998), Mark Thatcher (the son of former British prime minister Margaret Thatcher), the Pope, Mother Teresa, Amnesty International, Christian Aid, and others. It is unclear exactly when the NSA performed its surveillance operations, and what information it collected. The officials choose to speak out after the European Parliament announces it will open an inquiry into Echelon’s operations (see July 11, 2001). Former NSA official Wayne Madsen says, “Anybody who is politically active will eventually end up on the NSA’s radar screen.” The NSA routinely monitors charities and human rights organizations operating overseas because they often have access to information about regimes opposed to Western interests. Madsen believes the NSA spied on Diana because of her human rights work; he says that “undisclosed material held in US government files on Princess Diana was collected because of her work with the international campaign to ban landmines.” Mark Thatcher was monitored in the 1980s because of his work on the huge al-Yamamah arms contract being negotiated between Britain and Saudi Arabia. The NSA also monitored conversations by officials of the Panavia consortium, which builds the Tornado fighter plane. British Aerospace is a major partner in the consortium. “I just think of Echelon as a great vacuum cleaner in the sky which sucks everything up,” says former Canadian intelligence officer Mike Frost. “We just get to look at the goodies.” Former US computer software manager Margaret Newsham, who worked during the 1980s at the Menwith Hill listening station in Yorkshire, says, “I was aware that massive security violations were taking place. If these systems were for combating drugs or terrorism, that would be fine. But not for use in spying on individuals.” Newsham recalls being shocked when she overheard conversations by then-US senator Strom Thurmond (see April, 1988). “It was evident American constitutional laws had been broken,” she says. [London Times, 2/27/2000]
Entity Tags: Strom Thurmond, Wayne Madsen, Panavia, Princess Diana, Mother Teresa, Christian Aid, British Aerospace, Amnesty International, Echelon, European Parliament, Margaret Newsham, Margaret Thatcher, National Security Agency, Mark Thatcher, Mike Frost
Timeline Tags: Civil Liberties
Mike Frost. [Source: NineMSN]One of the few commercial media reports about Echelon, the NSA’s global surveillance network (see April 4, 2001), appears on CBS’s 60 Minutes. The report is disturbing in its portrayal of Echelon as a surveillance system capable of, in host Steve Kroft’s words, capturing “virtually every electronic conversation around the world.” Kroft continues, “[V]irtually every signal radiated across the electromagnetic spectrum is being collected and analyzed,” including land line and cell phone signals, ATM transactions, fax machines,public and private radio broadcasts, even baby monitors. Mike Frost, a former intelligence officer for the CSE, the Canadian equivalent of the National Security Agency which often works closely with the NSA, says, “The entire world, the whole planet” is being surveilled. “Echelon covers everything that’s radiated worldwide at any given instant.… Every square inch is covered.” Listening stations around the world transmit their data to the NSA’s headquarters at Fort Meade, Maryland, where, as Kroft says, “acres of supercomputers scan millions of transmissions word by word, looking for key phrases and, some say, specific voices that may be of major significance.” Frost adds, “Everything is looked at. The entire take is looked at. And the computer sorts out what it is told to sort out, be it, say, by key words such as ‘bomb’ or ‘terrorist’ or ‘blow up,’ to telephone numbers or—or a person’s name. And people are getting caught, and—and that’s great.” Echelon is so secret that even its successes are not publicly documented, though it is believed that, among other successes, it helped capture international terrorist “Carlos the Jackal,” and helped identify two Libyans accused of planting a bomb on PanAm Flight 103 [CBS News, 2/27/2000] which exploded over Lockerbie, Scotland in 1988, killing 270 people. [Washington Post, 12/22/1988] “I say, never over-exaggerate the capacity of a system such as Echelon,” Frost noted in a 1999 interview with the Australian press. “Never ever over-exaggerate the power that these organizations have to abuse a system such as Echelon. Don’t think it can’t happen in Australia. Don’t think it can’t happen in Canada, because it does.” [NineMSN, 5/23/1999]
Monitoring Legal Conversations - As successful as Echelon has been in capturing terrorists, international drug dealers, and various criminals, it has raised serious concerns for its capability of monitoring ordinary, innocent civilians. Frost says that such monitoring happens every day: “Not only possible, not only probable, but factual. While I was at CSE, a classic example: A lady had been to a school play the night before, and her son was in the school play and she thought he did a—a lousy job. Next morning, she was talking on the telephone to her friend, and she said to her friend something like this, ‘Oh, Danny really bombed last night,’ just like that. The computer spit that conversation out. The analyst that was looking at it was not too sure about what the conversation w—was referring to, so erring on the side of caution, he listed that lady and her phone number in the database as a possible terrorist.” Though the NSA has a long and checkered history of spying on American citizens, including extensive monitoring of antiwar and civil rights protesters during the 1970s, the agency refuses to provide any information about its activities—not to the public and not even to Congress. Congressman Bob Barr (R-GA) has for years pressed for more information about the program, which he recently said “engages in the interception of literally millions of communications involving United States citizens.” Even the chairman of the House Intelligence Committee, Porter Goss (R-FL) had trouble getting information when he requested it last year. At the time, Goss said, “[T]here was some information about procedures in how the NSA people would employ some safeguards, and I wanted to see all the correspondence on that to make sure that those safeguards were being completely honored. At that point, one of the counsels of the NSA said, ‘Well, we don’t think we need to share this information with the Oversight Committee.’ And we said, ‘Well, we’re sorry about that. We do have the oversight, and you will share the information with us,’ and they did.” Goss had to threaten to cut the NSA’s budget before the agency would share even limited information with him. When asked how he can be sure the NSA isn’t listening in on ordinary citizens’ communications, Goss merely says, “We do have methods for that, and I am relatively sure that those procedures are working very well.”
Princess Diana, Human Rights Organizations Monitored - Evidence presented in the broadcast also suggests the NSA was monitoring Princess Diana (see November 30, 1998), as well as Amnesty International, Greenpeace, and other groups (see February 27, 2000). [CBS News, 2/27/2000]
British Ministers Monitored - Frost cites an instance where then-Prime Minister Margaret Thatcher monitored two of her own ministers (see 1983).
Americans Monitored - Former NSA contractor Margaret Newsham recalls hearing a monitored conversation featuring then-Senator Strom Thurmond (see April, 1988). Frost is not surprised. “Oh, of course it goes on,” he says. “Been going on for years. Of course it goes on.” Kroft asks, “You mean the National Security Agency spying on politicians in… in the United States?” Frost replies, “Sounds ludicrous, doesn’t it? Sounds like the world of fiction. It’s not; not the world of fiction. That’s the way it works. I’ve been there. I was trained by you guys” (see 1980s). Goss seems less concerned. He says that it is “[c]ertainly possible that something like that could happen. The question is: What happened next?… It is certainly possible that somebody overheard me in a conversation. I have just been in Europe. I have been talking to people on a telephone and elsewhere. So it’s very possible somebody could have heard me. But the question is: What do they do about it? I mean, I cannot stop the dust in the ether; it’s there. But what I can make sure is that it’s not abused—the capability’s not abused, and that’s what we do.”
Used for Corporate Advantage - In 2001, the European Parliament released a report listing many of Echelon’s surveillance stations around the world and detailing their capabilities (see July 11, 2001). Kroft notes, “The report says Echelon is not just being used to track spies and terrorists. It claims the United States is using it for corporate and industrial espionage as well, gathering sensitive information on European corporations, then turning it over to American competitors so they can gain an economic advantage.”
Encryption Effective? - European governments and corporations are encrypting more and more of their phone, fax, and e-mail transmissions to keep Echelon from listening in. In response, the US government is pressuring the Europeans to give US law enforcement and intelligence agencies software keys so that they can unlock the code in matters of national security. Parliament member Glyn Ford is not opposed to the idea in principle: “[I]f we are not assured that that is n—not going to be abused, then I’m afraid we may well take the view, ‘Sorry, no.’ In [Britain], it’s traditional for people to leave a key under the doormat if they want the neighbors to come in and—and do something in their house. Well, we’re neighbors, and we’re not going to leave the electronic key under the doormat if you’re going to come in and steal the family silver.” The NSA, CSE, and even Echelon are necessary evils, Ford acknowledges, but, “My concern is no accountability and nothing—no safety net in place for the innocent people that fall through the cracks. That’s my concern.” [CBS News, 2/27/2000]
Entity Tags: Greenpeace, Wayne Madsen, Glyn Ford, Echelon, Communications Security Establishment, Central Intelligence Agency, Amnesty International, Strom Thurmond, Electronic Privacy Information Center, Steve Kroft, Princess Diana, Mike Frost, Margaret Thatcher, Margaret Newsham, National Security Agency, Robert “Bob” Barr, House Intelligence Committee, Porter J. Goss, Ilich RamÃrez Sanchez
Timeline Tags: Civil Liberties
A Taliban fighter killed in the battle for Qala-i-Janghi fortress. [Source: CNN/House of War]Amnesty International calls for an inquiry into the violence at Qala-i-Janghi. The organization states, “An urgent inquiry should look into what triggered this violent incident, including any shortcomings in the holding and processing of the prisoners, and into the proportionality of the response by United Front, US, and UK forces. It should make urgent recommendations to ensure that other instances of surrender and holding of prisoners do not lead to similar disorders and loss of life, and that the key role of the International Committee of the Red Cross (ICRC) in overseeing the processing and treatment of prisoners is facilitated.” [Amnesty International, 11/27/2001]
Amnesty International issues a second call for an inquiry “into the large-scale killing of captured Taliban fighters and others at a fort on the outskirts of Mazar-i Sharif.” Amnesty insists that the “events at the Qala-i-Jhanghi fort must not simply be brushed under the carpet, like so many other killings before them.” [Amnesty International, 12/5/2001]
In a letter to Human Rights Watch, Pentagon legal counsel William J. Haynes writes that “if the war on terrorists of global reach requires transfers of detained enemy combatants to other countries for continued detention on our behalf, US government instructions are to seek and obtain appropriate assurances that such enemy combatants are not tortured.” [Amnesty International, 8/19/2003] However, in December 2002, referring to objections raised about the use of unlawful interrogation methods by Egypt, one Bush government official was quoted in the Washington Post saying, “You can be sure that we are not spending a lot of time on that now.” [Washington Post, 12/26/2002]
The Pentagon rejects Amnesty International’s request to visit the US military base at Bagram, Afghanistan. The Defense Department declares that “access to detainees is provided to the International Committee of the Red Cross, and on a case-by-case basis to selected government officials.” In a letter, Marshall Billingslea, principal deputy to the assistant secretary of defense, writes that “in this war, as in every war, captured enemy combatants have no right to counsel or access to courts for the purpose of challenging their detention.” [Amnesty International, 8/19/2003]
An official of the Malawian government writes to Amnesty International about the transfer of five men in US custody (see June 24, 2003), explaining: “From the time the arrests were made, the welfare of the detainees, their abode and itinerary for departure were no longer in the hands of the Malawian authorities. Thus as a country we did not have the means to stop or delay the operation. The issue of terrorism has regrettably spurred worldwide erosion of fundamental principles of human rights not only in the world but also in the USA itself…. Malawi has had to cooperate with the USA on this request as we are under obligations internationally to assist. In Malawi we do not know where these people are but they are in hands of the Americans who took them out of the country using a chartered aircraft. They should now be going through investigations at a location only known by the USA.” It is later learned that the five men were sent to Zimbabwe and then to Sudan, where they were finally released in late July 2003 after investigators could find no evidence linking the men to terrorism. [Amnesty International, 8/19/2003]
The head of the delegation from the International Committee of the Red Cross (ICRC) at Guantanamo states that the “seemingly open-ended detention” and the lack of a “clear legal framework” has had an “overall impact on the mental health of the prisoners.”
[BBC Radio 4, 7/13/2003]
“The uncertainty these detainees face as regards their legal status and their future does have a very adverse impact on their physical and mental well-being,” Red Cross spokeswoman Antonella Notaria says. “A lot of them are pushed to despair. It is a clear indication that these people are under extreme stress and anxiety.”
The UN Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy—still awaiting a response from the US government to his urgent appeal (see November 13, 2001) relating to Bush’s November 13, 2001 military order (see November 13, 2001)
—says: “The Bush administration has not been very responsive to criticisms, and they have become a little intolerant to criticisms about themselves, but they are very free to criticize other governments when they violate human rights norms.”
[BBC Radio 4, 7/13/2003]
Amnesty International sends a memorandum to the US government and Coalition Provisional Authority (CPA) titled, “Memorandum on concerns relating to law and order,” which states that the organization “has received a number of reports of torture or ill-treatment by Coalition Forces not confined to criminal suspects.” The memo explains that Coalition troops are using a number of methods, including “prolonged sleep deprivation; prolonged restraint in painful positions, sometimes combined with exposure to loud music; prolonged hooding; and exposure to bright lights.” Amnesty makes it very clear that these actions constitute “torture or inhuman treatment” and are prohibited by the Fourth Geneva Convention and by international human rights law. [Amnesty International, 7/23/2003] The memorandum also informs the CPA that there are reports that prisoners have been killed by Coalition Forces. “Amnesty International has received a number of reports of cases of detainees who have died in custody, mostly as a result of shooting by members of the Coalition Forces. Other cases of deaths in custody where ill-treatment may have caused or contributed to death have been reported.” [Amnesty International, 7/23/2003] The Coalition Provisional Authority does not provide any response to Amnesty International’s memo or provide any indication that the allegations will be investigated. [Amnesty International, 5/7/2004]
Amnesty International publishes a report stating that it believes that “the totality of conditions” in which “most” of the detainees at Guantanamo are being held may itself amount to cruel, inhuman, or degrading treatment. Amnesty notes that the Committee against Torture, established to oversee implementation of the Convention against Torture (see October 21, 1994), “has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman or degrading treatment.” [Amnesty International, 10/20/2003]
Afghan taxi driver Wazir Muhammad is released from Guantanamo due to long campaigning by his brother Taji and Amnesty International. [Guardian, 6/23/2004]
“At the end of my time in Guantanamo,” he recalls, “I had to sign a paper saying I had been captured in battle which was not true. I was stopped when I was in my taxi with four passengers. But they told me I would have to spend the rest of my life in Guantanamo if I did not sign it, so I did.”
New information shows that Saddam Hussein was not captured (see December 14, 2003) by US forces through the auspices of an informant, as previously reported (see December 17, 2003), but was apparently captured by Kurdish paramilitary forces and turned over to the US. The day of Hussein’s capture, Kurdish media reported that a “special intelligence unit led by Mr. Kosrat Rassul” had captured Hussein. The source of the reports was Jalal Talabani, the leader of the Patriotic Union of Kurdistan (PUK). Iranian news services picked up and expanded on the reports. The next day, a member of Iraq’s Governing Council, Dr. Mahmoud Othman, confirmed the Kurdish claims, as did other independent observers. Subsequent Arab news reports indicated that Mohammed Ibrahim Omar al-Muslit, the so-called informant, actually drugged Hussein and told US forces where to find him. But this story, too, is quickly disputed, with experts believing that Kurdish forces intervened, first acting as negotiators for the US, then bypassing the al-Muslit family and seizing Hussein on their own. Once the Kurds had Hussein, they negotiated with the US to stage his “capture.” It is likely that Hussein was drugged, but by the Kurds and not by al-Muslit. One photo of US troops in front of Hussein’s “spider hole” features ripe dates and drying sausage in the background, which usually exist only in late summer, not December as was the announced date of Hussein’s capture.
'Dragnet' - In July, the US Army captured Adnan Abdullah Abid al-Muslit, identified as “one of Saddam Hussein’s closest bodyguards and collaborators.” The al-Muslit family was apparently helping to hide and protect Hussein; later, one of the family members, Mohammed al-Muslit, was identified as the informant who gave up Hussein’s location to US interrogators. In August, another al-Muslit family member, later identified as Adnan al-Muslit’s brother, was arrested by Iraqi police and given over to US forces. The brother was picked up as part of a larger “dragnet” for anyone with possible knowledge of Hussein’s whereabouts.
Allegations, Speculations of Torture - Many were taken into US custody and interrogated. Amnesty International raised questions as to whether some of the detainees might have been tortured; the human rights organization alleged circumstances that “would amount to torture as defined by UN standards.” [Asia Times, 4/17/2004]
Major General Geoffrey Miller says during a Coalition Provisional Authority briefing that while physical contact between the interrogator and detainees is prohibited, “sleep deprivation and stress positions and all that could be used—but they must be authorized.” (see April 16, 2003) But as Amnesty International later notes in a letter to George Bush, “The United Nations Committee against Torture, the expert body established by the Convention against Torture (see October 21, 1994) has expressly held that restraining detainees in very painful positions, hooding, threats, and prolonged sleep deprivation are methods of interrogation which violate the prohibition on torture and cruel, inhuman, or degrading treatment.” [Amnesty International, 5/7/2004]
Amnesty International publishes a report titled, “Iraq: One year on the human rights situation remains dire,” which documents a pattern of human rights violations being committed by US forces in Iraq. “Many detainees have alleged they were tortured and ill-treated by US and UK troops during interrogation,” the report says. “Methods often reported include prolonged sleep deprivation; beatings; prolonged restraint in painful positions, sometimes combined with exposure to loud music; prolonged hooding; and exposure to bright lights. Virtually none of the allegations of torture or ill-treatment has been adequately investigated.” [Amnesty International, 3/18/2004]
In its annual report, titled “Why human rights matter,” Amnesty International says that America’s war on terrorism has “made the world a more dangerous place.” This is the consequence of “the US seeking to put itself outside the ambit of judicial scrutiny,” the organization says. Furthermore, “[s]acrificing human rights in the name of security at home, turning a blind eye to abuses abroad, and using pre-emptive military force where and when it chooses, have neither increased security nor ensured liberty,” the report adds. Practicing and apparently condoning torture, according to Amnesty International’s Secretary General Irene Khan, has resulted in the US having “lost its high moral ground and its ability to lead on peace and elsewhere.” The practice of violating human rights and the war in Iraq is believed to have a broader influence than on the immediate victims. “The war in Iraq,” the report says, “has diverted global attention from other human rights abuses around the world.”
[BBC, 5/26/2004; Amended Complaint for Injunctive Relief. ACLU, et al. v. Department of Defense, et al., 7/6/2004 ]
In a new report on human rights abuses in the US, Amnesty International says that the poor conditions at Guantanamo cause detainees “severe psychological distress.”
[Amnesty International, 10/27/2004]
Human rights advocacy group Amnesty International reports that both the US and Britain are betraying the cause of human rights in their “war on terror.” Amnesty’s general secretary, Irene Khan, accuses both governments of condoning torture and twisting their interpretations of the law to justify and excuse torture. She says: “A new agenda is in the making, with the language of freedom and justice being used to pursue policies of fear and insecurity. This includes cynical attempts to redefine and sanitize torture.” The US’s most well-known detention facility, Guantanamo Bay, is “the gulag of our time,” she says. “The US administration attempted to dilute the absolute ban on torture through new policies and quasi-management speak such as ‘environmental manipulation,’ ‘stress positions,’ and ‘sensory manipulation,’” she says. And when these two countries justify torture, other countries follow suit. “When the most powerful country in the world thumbs its nose at the rule of law and human rights, it grants a license to others to commit abuse with impunity. From Israel to Uzbekistan, Egypt to Nepal, governments have openly defied human rights and international humanitarian law in the name of national security and ‘counter-terrorism.’” [Guardian, 5/26/2005]
CNN analyst Donald Shepperd. [Source: New York Times]With criticism of the Guantanamo Bay detention facility reaching new heights, new allegations of abuse from UN human rights experts, Amnesty International receiving plenty of media exposure for calling the facility “the gulag of our times” (see May 25, 2005), and many calling for the facility’s immediate closure, the Pentagon counters by launching the latest in its propaganda counteroffensive designed to offset and blunt such criticism (see April 20, 2008). The Pentagon and White House’s communications experts place a select group of around ten retired military officers, all who regularly appear on network and cable news broadcasts as “independent military analysts,” on a jet usually used by Vice President Dick Cheney, and fly them to Cuba for a carefully orchestrated tour of the facility. [New York Times, 4/20/2008]
A Four-Hour Tour - During the three-hour flight from Andrews Air Force Base to Cuba, the analysts are given several briefings by various Pentagon officials. After landing, but before being taken to the detention facility, they are given another 90-minute briefing. The analysts spend 50 minutes lunching with some of the soldiers on base, then begin their tour. They spend less than 90 minutes viewing the main part of the Guantanamo facility, Camp Delta; in that time, they watch an interrogation, look at an unoccupied cellblock, and visit the camp hospital. They spend ten minutes at Camp V and 35 minutes at Camp X-Ray. After less than four hours in Guantanamo’s detention facilities, they depart for Washington, DC. [Salon, 5/9/2008] This is the first of six such excursions, all designed to prepare the analysts for defending the administration’s point of view and counter the perception that Guantanamo is a haven for abusive treatment of prisoners. During the flight to the facility, during the tour, and during the return flight, Pentagon officials hammer home the message they want the analysts to spread: how much money has been spent on improving the facility, how much abuse the guards have endured, and the extensive rights and privileges granted to the detainees.
Producing Results - The analysts provide the desired results. All ten immediately appear on television and radio broadcasts, denouncing Amnesty International, challenging calls to close the facility, and assuring listeners that the detainees are being treated humanely. Donald Shepperd, a retired Air Force general, tells CNN just hours after returning from Guantanamo, “The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here in my opinion are totally false.” The next morning, retired Army General Montgomery Meigs appears on NBC’s flagship morning show, Today, and says: “There’s been over $100 million of new construction [at Guantanamo]. The place is very professionally run.” Transcripts of the analysts’ appearances are quickly circulated among senior White House and Pentagon officials, and cited as evidence that the Bush administration is winning the battle for public opinion. [New York Times, 4/20/2008]
US officials deny charges leveled by Amnesty International that US interrogators tortured prisoners at the Guantanamo Bay prison. White House officials also say that the administration intends to close the facility as soon as it is practical to do so. Amnesty International’s most recent annual report faults the US for allegedly abandoning human rights concerns in its pursuit of terrorists. State Department spokesman Sean McCormack says Amnesty’s charges are false, and says while the administration wants to close Guantanamo, critics have given no answers as to what to do with the detainees. “At some point in the future, would we all like to see Guantanamo Bay closed down? Absolutely,” he says. “But at the moment, there are dangerous people being held in Guantanamo Bay. These are people that were picked up on battlefields, planning for, engaged in various acts of terrorism around the world. These are individuals who pose a threat potentially not only to American citizens, but citizens from Europe as well as around the world.” America is doing the world a service by detaining these dangerous terrorists, he says (see February 7, 2006). [Voice of America, 5/23/2006]
Amnesty International logo. [Source: Amnesty International]Amnesty International objects to the Military Commissions Act (MCA) (see October 17, 2006) currently being passed by Congress. It comments, “With the passing of the Military Commissions Act of 2006, Congress has turned bad executive policy into bad law.” [Amnesty International, 9/28/2006]
President Bush signs the Military Commissions Act into law. [Source: White House]President Bush signs the Military Commissions Act (MCA) into law. [White House, 10/17/2006] The MCA is designed to give the president the authority to order “enemy detainees” tried by military commissions largely outside the scope of US civil and criminal procedures. The bill was requested by the Bush administration after the Supreme Court’s ruling in Hamdi v. Rumsfeld (see June 28, 2004) that the US could not hold prisoners indefinitely without access to the US judicial system, and that the administration’s proposal that they be tried by military tribunals was unconstitutional (see June 28, 2004). [FindLaw, 10/9/2006] It is widely reported that the MCA does not directly apply to US citizens, but to only non-citizens defined as “enemy combatants. [CBS News, 10/19/2006] However, six months later, a Bush administration lawyer will confirm that the administration believes the law does indeed apply to US citizens (see February 1, 2007).
Sweeping New Executive Powers - The MCA virtually eliminates the possibility that the Supreme Court can ever again act as a check on a president’s power in the war on terrorism. Similarly, the law gives Congressional approval to many of the executive powers previously, and unilaterally, seized by the Bush administration. Former Justice Department official John Yoo celebrates the MCA, writing, “Congress… told the courts, in effect, to get out of the war on terror” (see October 19, 2006). [Savage, 2007, pp. 319, 322]
'Abandoning' Core 'Principles' - The bill passed the Senate on a 65-34 vote, and the House by a 250-170 vote. The floor debate was often impassioned and highly partisan; House Majority Leader John Boehner (R-OH) called Democrats who opposed the bill “dangerous,” and Senate Judiciary Committee member Patrick Leahy (D-VT) said this bill showed that the US is losing its “moral compass.” Leahy asked during the debate, “Why would we allow the terrorists to win by doing to ourselves what they could never do, and abandon the principles for which so many Americans today and through our history have fought and sacrificed?” Senate Judiciary Committee chairman Arlen Specter (R-PA) had said he would vote against it because it is “patently unconstitutional on its face,” but then voted for it, saying he believes the courts will eventually “clean it up.” Specter’s attempt to amend the bill to provide habeas corpus rights for enemy combatants was defeated, as were four Democratic amendments. Republicans have openly used the debate over the MCA as election-year fodder, with House Speaker Dennis Hastert (R-IL) saying after the vote that “House Democrats have voted to protect the rights of terrorists,” and Boehner decrying “the Democrats’ irrational opposition to strong national security policies.” Democrats such as Senator Barack Obama (D-IL) say they will not fight back at such a level. “There will be 30-second attack ads and negative mail pieces, and we will be called everything from cut-and-run quitters to Defeatocrats, to people who care more about the rights of terrorists than the protection of Americans,” Obama says. “While I know all of this, I’m still disappointed, and I’m still ashamed, because what we’re doing here today—a debate over the fundamental human rights of the accused—should be bigger than politics.” [Washington Post, 10/19/2006] After winning the vote, Hastert accused Democrats who opposed the bill of “putting their liberal agenda ahead of the security of America.” Hastert said the Democrats “would gingerly pamper the terrorists who plan to destroy innocent Americans’ lives” and create “new rights for terrorists.” [New York Times, 10/19/2006]
Enemy Combatants - The MCA applies only to “enemy combatants.” Specifically, the law defines an “unlawful enemy combatant” as a person “who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents,” and who is not a lawful combatant. Joanne Mariner of Human Rights Watch says the definition far exceeds the traditionally accepted definition of combatant as someone who directly participates in hostilities. But under the MCA, someone who provides “material support” for terrorists—whether that be in the form of financial contributions or sweeping the floors at a terrorist camp—can be so defined. Worse, the label can be applied without recourse by either Bush or the secretary of defense, after a “competent tribunal” makes the determination. The MCA provides no guidelines as to what criteria these tribunals should use. Taken literally, the MCA gives virtually unrestricted power to the tribunals to apply the label as requested by the president or the secretary. Mariner believes the definition is both “blatantly unconstitutional” and a direct contradiction of centuries of Supreme Court decisions that define basic judicial rights. [FindLaw, 10/9/2006] Under this definition, the president can imprison, without charge or trial, any US citizen accused of donating money to a Middle East charity that the government believes is linked to terrorist activity. Citizens associated with “fringe” groups such as the left-wing Black Panthers or right-wing militias can be incarcerated without trial or charge. Citizens accused of helping domestic terrorists can be so imprisoned. Law professor Bruce Ackerman calls the MCA “a massive Congressional expansion of the class of enemy combatants,” and warns that the law may “haunt all of us on the morning after the next terrorist attack” by enabling a round of mass detentions similar to the roundup of Japanese-American citizens during World War II. [Savage, 2007, pp. 322]
Military Commissions - The MCA mandates that enemy combatants are to be tried by military commissions, labeled “regularly constituted courts that afford all the necessary ‘judicial guarantees which are recognized as indispensable by civilized peoples’ for purposes of common Article 3 of the Geneva Conventions.” The commissions must have a minimum of five commissioned military officers and a military judge; if death is a possible penalty, the commissions must have at least 12 officers. The defendant’s guilt must be proven beyond a reasonable doubt; convictions require a two-thirds vote. Sentences of beyond 10 years require a three-quarters vote, and death penalties must be unanimously voted for. Defendants may either represent themselves or by military or civilian counsel. The court procedures themselves, although based on standard courts-martial proceedings, are fluid, and can be set or changed as the secretary of defense sees fit. Statements obtained through methods defined as torture are inadmissible, but statements take by coercion and “cruel treatment” can be admitted. The MCA sets the passage of the Detainee Treatment Act (DTA—see December 15, 2005) as a benchmark—statements obtained before the December 30, 2005 enactment of that law can be used, even if the defendant was “coerced,” if a judge finds the statement “reasonable and possessing sufficient probative value.” Statements after that date must have been taken during interrogations that fall under the DTA guidelines. Defendants have the right to examine and respond to evidence seen by the commission, a provision originally opposed by the administration. However, if the evidence is classified, an unclassified summary of that material is acceptable, and classified exculpatory evidence can be denied in lieu of what the MCA calls “acceptable substitutes.” Hearsay evidence is admissible, as is evidence obtained without search warrants. Generally, defendants will not be allowed to inquire into the classified “sources, methods, or activities” surrounding evidence against them. Some human rights activists worry that evidence obtained through torture can be admitted, and the fact that it was obtained by torture, if that detail is classified, will not be presented to the court or preclude the evidence from being used. Public access to the commissions will be quite limited. Many experts claim these commissions are illegal both by US constitutional law and international law. [FindLaw, 10/9/2006]
Secret Courts - The military tribunals can be partially or completely closed to public scrutiny if the presiding judge deems such an action necessary to national security. The government can convey such concerns to the judge without the knowledge of the defense. The judge can exclude the accused from the trial if he deems it necessary for safety or if he decides the defendant is “disruptive.” Evidence can be presented in secret, without the knowledge of the defense and without giving the defense a chance to examine that evidence, if the judge finds that evidence “reliable.” And during the trial, the prosecution can at any time assert a “national security privilege” that would stop “the examination of any witness” if that witness shows signs of discussing sensitive security matters. This provision can easily be used to exclude any potential defense witness who might “breach national security” with their testimony. Author and investigative reporter Robert Parry writes, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and elimination of enemies of the state, whether those enemies are foreign or domestic.” [Consortium News, 10/19/2006]
Appeals - Guilty verdicts are automatically appealed to a Court of Military Commission Review, consisting of three appellate military justices. The DC Circuit Court of Appeals has extremely limited authority of review of the commissions; even its authority to judge whether a decision is consistent with the Constitution is limited “to the extent [that the Constitution is] applicable.”
Types of Crimes - Twenty-eight specific crimes fall under the rubric of the military commissions, including conspiracy (not a traditional war crime), murder of protected persons, murder in violation of the bill of war, hostage-taking, torture, cruel or inhuman treatment, mutilation or maiming, rape, sexual abuse or assault, hijacking, terrorism, providing material support for terrorism, and spying. [FindLaw, 10/9/2006]
CIA Abuses - The MCA, responding to the recent Supreme Court decision of Hamdan v. Rumsfeld (see June 30, 2006) that found the CIA’s secret detention program and abusive interrogation practices illegal, redefines and amends the law to make all but the most pernicious interrogation practices, even those defined as torture by the War Crimes Act and the Geneva Conventions, legal. The MCA actually rules that the Geneva Conventions are all but unenforceable in US courts. It also provides retroactive protection under the law to all actions as far back as November 1997. Under the MCA, practices such as waterboarding, stress positioning, and sleep deprivation cannot be construed as torture. [FindLaw, 10/9/2006] The MCA even states that rape as part of interrogations cannot be construed as torture unless the intent of the rapist to torture his victim can be proven, a standard rejected by international law. The MCA provides such a narrow definition of coercion and sexual abuse that most of the crimes perpetrated at Abu Ghraib are now legal. [Jurist, 10/4/2006] Although the MCA seems to cover detainee abuse for all US agencies, including the CIA, Bush says during the signing of the bill, “This bill will allow the Central Intelligence Agency to continue its program for questioning key terrorist leaders and operatives.” International law expert Scott Horton will note, “The administration wanted these prohibitions on the military and not on the CIA, but it did not work out that way.” Apparently Bush intends to construe the law to exempt the CIA from its restrictions, such as they are, on torture and abuse of prisoners. [Salon, 5/22/2007]
No Habeas Corpus Rights - Under the MCA, enemy combatants no longer have the right to file suit under the habeas corpus provision of US law. This means that they cannot challenge the legality of their detention, or raise claims of torture and mistreatment. Even detainees who have been released can never file suit to seek redress for their treatment while in US captivity. [FindLaw, 10/25/2006]
Retroactive Immunity - The administration added a provision to the MCA that rewrote the War Crimes Act retroactively to November 26, 1997, making any offenses considered war crimes before the MCA is adopted no longer punishable under US law. Former Nixon White House counsel John Dean will write in 2007 that the only reason he can fathom for the change is to protect administration officials—perhaps including President Bush himself—from any future prosecutions as war criminals. Dean will note that if the administration actually believes in the inherent and indisputable powers of the presidency, as it has long averred, then it would not worry about any such criminal liability. [Dean, 2007, pp. 239-240]
Entity Tags: Human Rights Watch, Joanne Mariner, US Supreme Court, Patrick J. Leahy, Military Commissions Act, John Dean, George W. Bush, Scott Horton, Geneva Conventions, Bruce Ackerman, Dennis Hastert, American Civil Liberties Union, Amnesty International, Detainee Treatment Act, Arlen Specter, War Crimes Act, Barack Obama, Central Intelligence Agency, Bush administration (43), John Boehner
Timeline Tags: Civil Liberties
Majid Khan. [Source: Associated Press]At hearings in Guantanamo Bay in spring 2007 to determine whether they are “enemy combatants” (see March 9-April 28, 2007), several alleged top al-Qaeda leaders complain of being tortured in US custody:
Alleged al-Qaeda logistics manager Abu Zubaida says he is ill in Guantanamo Bay and has had around 40 seizures that temporarily affect his ability to speak and write properly, as well as his memory; apparently they are originally the result of a 1992 injury from which he still has shrapnel in his head. He says that the seizures are brought on by broken promises to return his diary, which he describes as “another form of torture,” as he is emotionally attached to it. He also says he was tortured after being captured (see Mid-May 2002 and After), when he was “half die”, due to a gunshot wound received when he was taken, and that he lied under torture. However, the passage in which he describes his treatment at this time is redacted. He has many other injuries, has lost a testicle, and also complains the Guantanamo authorities refuse to give him socks for his cold feet. He has to use his prayer hat to keep his feet warm and does so during the hearing. [US Department of Defense, 3/27/2007 ]
9/11 mastermind Khalid Shaikh Mohammed remarks that, “I know American people are torturing us from seventies.” However, the next section of the transcript is redacted. He also says his children were abused in US custody. [US Department of Defense, 3/10/2007 ]
Alleged travel facilitator Majid Khan submits a 12-page “written statement of torture.” Khan’s father also gives an account of the torture he says his son was subjected to: he was tied tightly to a chair in stress positions; hooded, which caused him difficulty breathing; beaten repeatedly; deprived of sleep; and kept in a mosquito-infested cell too small for him to lie down in. His father also says Khalid Shaikh Mohammed’s children, aged about 6 and 8, were held in the same building and were tortured by having insects placed on their legs to make them disclose their father’s location. [US department of Defense, 4/15/2007 ]
Alleged al-Qaeda manager Abd al-Rahim al-Nashiri says he was tortured into confessing the details of plots he invented. He claims that “he was tortured into confession and once he made a confession his captors were happy and they stopped torturing him… [and] he made up stories during the torture in order to get it to stop.” Many of the details of the torture are redacted, but he says in one unredacted comment, “One time they tortured me one way and another time they tortured me in a different way.” [US department of Defense, 3/14/2007 ]
Eugene Fidell, president of the National Institute of Military Justice, says that the claims of torture could undermine the legitimacy of future military commissions: “Someone has got to get to the bottom of these allegations… If there is something there, they are going to need to address it.” The Pentagon promises to investigate the allegations, but Amnesty International comments, “Given the Bush administration record so far on these matters, it strains credulity that any such investigation would be anything other than substandard, or [that] those responsible would be held accountable.” [Los Angeles Times, 3/31/2007]
Ali Abd al-Rahman al-Faqasi al-Ghamdi. [Source: Public domain]Amnesty International, Human Rights Watch, and four other organizations file a US federal lawsuit under the Freedom of Information Act seeking information about 39 people they believe have “disappeared” while held in US custody. The groups mentions 39 people who were reportedly captured overseas and then held in secret CIA prisons. The US acknowledges detaining three of the 39 but the groups say there is strong evidence, including witness testimony, of secret detention in 18 more cases and some evidence of secret detention in the remaining 18 cases. In September 2006, President Bush acknowledged the CIA had interrogated dozens of suspects at secret CIA prisons and said 14 of those were later sent to Guantanamo Bay (see September 6, 2006). At that time it was announced that there were no prisoners remaining in custody in US secret facilities (see September 2-3, 2006). However, the groups claim that in April 2007 a prisoner named Abd al-Hadi al-Iraqi was transferred from CIA custody to Guantanamo, demonstrating the system is still operating (see Autumn 2006-Late April 2007). The groups also claim that in September 2002 the US held the two children of Khalid Shaikh Mohammed (KSM), then aged seven and nine, in an adult detention center. KSM was later captured and is now held at Guantanamo; it is unknown what happened to his children. [Reuters, 6/7/2007] Some of the more important suspects named include:
Hassan Ghul, said to be an important al-Qaeda courier. In 2005, ABC News reported he was being held in a secret CIA prison (see November 2005). Apparently, the CIA transferred Ghul to Pakistani custody in 2006 so he would not have to join other prisoners sent to the Guantantamo prison (see (Mid-2006)), and Pakistan released him in 2007, allowing him to rejoin al-Qaeda (see (Mid-2007)).
Ibn al-Shaykh al-Libi, a high-ranking al-Qaeda leader. The same ABC News report also mentioned him. Al-Libi was secretly transferred to Libya around 2006 (see Between November 2005 and September 2006) and will die there in 2009 under mysterious circumstances (see (May 10, 2009)).
Mohammed Omar Abdul-Rahman, a son of the Blind Sheikh, Sheikh Omar Abdul-Rahman. The same ABC News report also mentioned him. He was reportedly captured in Pakistan in 2003 (see February 13, 2003).
Ali Abd al-Rahman al-Faqasi al-Ghamdi, a.k.a. Abu Bakr al Azdi. He is said to be a candidate 9/11 hijacker who was held back for another operation. In 2004, the 9/11 Commission reported he was in US custody.
Suleiman Abdalla Salim Hemed. Wanted for involvement in the 1998 African embassy bombings, he was reportedly captured in Somalia in March 2003. Witnesses claim to have seen him in two secret US prisons in 2004.
Yassir al-Jazeeri. Said to be a high-ranking al-Qaeda leader, he was reportedly captured in Pakistan in March 2003. Witnesses later saw him in a secret CIA prison (see March 15, 2003).
Musaad Aruchi, a nephew of Khalid Shaikh Mohammed. He was reported captured in Pakistan in June 2004 and then taken into CIA custody (see June 12, 2004).
Sheikh Ahmed Salim Swedan. Wanted for a role in the African embassy bombings, there were various reports he was captured in Pakistan in 2002 and taken into US custody (see July 11, 2002). However, it appears these reports are false, because he will allegedly be killed in Pakistan in 2009 (see January 1, 2009).
Anas al-Liby, also wanted for a role in the African embassy bombings. He was reportedly captured in 2002 (see January 20, 2002- March 20, 2002) and it is suspected the US has handed him over to Egypt. [Human Rights Watch, 6/7/2007]
Entity Tags: Pacha Wazir, Sheikh Ahmed Salim Swedan, Suleiman Abdalla Salim Hemed, Yassir al-Jazeeri, Ibn al-Shaykh al-Libi, Human Rights Watch, Abd al-Hadi al-Iraqi, Ali Abd al-Rahman al-Faqasi al-Ghamdi, Amnesty International, Anas al-Liby, Hassan Ghul, Mohammed Omar Abdul-Rahman, Musaad Aruchi
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Amnesty International logo. [Source: Amnesty International]The human rights group Amnesty International hails an appeal court decision to release alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see June 11, 2007) from military detention. Executive director Larry Cox says in a statement: “Today’s decision strikes down a fundamental premise of the Bush administration’s ill-advised and immoral detention regime: the president’s assertion that he can decide who to detain, and how to detain them, without any judicial review. The Fourth Circuit has affirmed al-Marri’s fundamental human right to challenge his detention. This and other recent developments are an indictment of the Bush administration’s detention regime. It’s now up to Congress to act. They should seize this opportunity to reverse their ill-considered decision last year to strip habeas rights from non-citizens in US custody. This decision restores constitutional habeas rights to those arrested on US soil. However, that is only a tiny subset of the many individuals whose rights have been trampled in the name of the war on terror. Today’s ruling is plain common sense: the president can’t seize civilians in the United States, hold them in military custody, and deny them habeas rights. It’s a sign of how bad things have gotten that the decision comes as such a welcome glimmer of hope.” [US Newswire, 6/11/2007]
In a statement released by CIA Director Michael Hayden, the CIA admits that it has destroyed videotapes of interrogations of two detainees, Abu Zubaida and Abd al-Rahim al-Nashiri (see Spring-Late 2002 and November 2005). [Central Intelligence Agency, 12/6/2007] The statement is apparently released to preempt a New York Times article on the verge of publication that would have revealed the destruction. [Washington Post, 12/7/2007] The fact that the CIA had videoed detainee interrogations was made public a few weeks previously (see November 13, 2007). [US District Court for the Eastern District of Virginia, Alexandria Division, 10/25/2007 ] According to several former intelligence officials, there is concern that the tapes could have set off controversies about the legality of the interrogations and generated a backlash in the Middle East. [New York Times, 12/8/2007] Numerous political figures condemn the destruction in strong terms. For example, Senator Edward Kennedy (D-MA) says, “We haven’t seen anything like this since the 18½-minute gap in the tapes of President Richard Nixon,” and, “What would cause the CIA to take this action? The answer is obvious—coverup.” Senator Richard Durbin (D-IL) says, “What is at stake here goes to the heart of the rule of law and justice in America.” Human rights activists are also angry, and an Amnesty International spokesman says, “It falls into a pattern of measures that have been taken that obstruct accountability for human rights violations.” [CBS News, 12/7/2007; ABC News, 12/7/2007] Both the Justice Department and the CIA’s Inspector General initiate preliminary inquiries. The House and Senate intelligence committees also start investigations. [Los Angeles Times, 12/9/2007]
Sparked by the official confirmation that Guantanamo detainee Mohamed al-Khatani was tortured (see January 14, 2009), Amnesty International calls for the incoming Obama administration and Congress to launch an independent commission of inquiry into human rights violations in the “war on terror.” In a press release, Amnesty International writes: “Torture is a crime under international law. The USA is obliged as a party to the UN Convention against Torture (see October 21, 1994) to investigate ‘wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.’ The same treaty requires it to submit the case to its competent authorities for the purpose of prosecution. The treaty, and international law more generally, precludes the invocation of exceptional circumstances or superior orders as justification for torture. Anyone who has authorized, committed, is complicit, or participated in torture must be brought to justice, no matter their level of office or former level of office. Yet the public acknowledgement that the USA has tortured al-Khatani was not accompanied by any news of efforts to bring those responsible to justice.” Such a government commission “must not be used to block or delay the prosecution of any individual against whom there is already sufficient evidence of wrongdoing. A criminal investigation into the torture of Mohamed al-Khatani is already long overdue.” The incoming president, Barack Obama, has already acknowledged that waterboarding, one of the “harsh interrogation techniques” used against Guantanamo detainees, is torture. “Next week, then, the USA will have a president who considers that torture has been committed by the USA,” Amnesty writes. “He will be under an obligation to ensure full individual and institutional accountability. There must be no safe havens for torturers.” As for al-Khatani, Amnesty believes the US should either release him or try him “in accordance with international fair trial standards in an independent and impartial court—not a military commission. No information obtained under torture, cruel, inhuman or degrading treatment should be admitted in any proceedings, except against the perpetrators of any such treatment as evidence that it occurred.” [Amnesty International, 1/14/2009]
The American Civil Liberties Union (ACLU) and other human rights organizations release over a thousand pages of government documents obtained through the Freedom of Information Act (FOIA). The documents provide new details of the Bush administration’s treatment of prisoners in its “global war on terror.” Among other things, the documents show a much closer collaboration between the CIA and the Defense Department than initially believed; the Defense Department was intimately involved with the CIA’s practices of indefinite “ghost” detentions and torture. The documents confirm the existence of a previously “undisclosed detention facility” at Afghanistan’s Bagram Air Base and details of the extensive abuse and torture of prisoners at that facility. They also show that the Defense Department worked to keep the Red Cross away from its detainees by refusing to register their capture with the International Committee of the Red Cross (ICRC) for two weeks or more, “to maximize intelligence collection,” a practice the Defense Department officials acknowledged in their private communications to be illegal under the Geneva Conventions.
CIA, Defense Department in Collusion? - The Center for Constitutional Rights notes, “These policies demonstrate the ease with which the CIA could have used DOD facilities as ‘sorting facilities’ without having to worry about ICRC oversight or revelation of the ghost detainee program.” The documents also include e-mails sent to Defense Department Transportation Command officials recommending that a number of prisoners slated for release from Guantanamo be detained longer, for fear of negative press coverage (see February 17, 2006). [AlterNet, 2/13/2009] “These newly released documents confirm our suspicion that the tentacles of the CIA’s abusive program reached across agency lines,” says Margaret Satterthwaite of New York University’s International Human Rights Clinic. “In fact, it is increasingly obvious that defense officials engaged in legal gymnastics to find ways to cooperate with the CIA’s activities. A full accounting of all agencies must now take place to ensure that future abuses don’t continue under a different guise.”
Heavy Redactions Thwart Intent of FOIA - Amnesty International’s Tom Parker notes that much of the information in the documents was blacked out before its release. “Out of thousands of pages, most of what might be of interest was redacted,” he says. “While the sheer number of pages creates the appearance of transparency, it is clear this is only the tip of the iceberg and that the government agencies have not complied with spirit of President Obama’s memo on Freedom of Information Act (FOIA) requests (see January 21, 2009). We call on Attorney General Eric Holder and the Obama administration to put teeth into the memo and work actively to comply with FOIA requests.” [Center for Constitutional Rights, 2/12/2009]
Entity Tags: US Department of Defense, Geneva Conventions, Central Intelligence Agency, Center for Constitutional Rights, Amnesty International, American Civil Liberties Union, International Committee of the Red Cross, Obama administration, International Human Rights Clinic, New York University, Margaret Satterthwaite, Tom Parker
Timeline Tags: Torture of US Captives, Civil Liberties
Federal prosecutors charge Ali Saleh Kahlah al-Marri, the only “enemy combatant” held on US soil (see June 23, 2003), with criminal terrorism charges. Al-Marri is charged with two counts of providing material support to al-Qaeda and conspiring with others to provide material support to al-Qaeda, according to a press release from the Justice Department. He faces a maximum jail sentence of 30 years. US Attorney Rodger Heaton says: “The indictment alleges that Ali al-Marri provided material support to al-Qaeda, which has committed horrific terrorist acts against our nation. As a result, he will now face the US criminal justice system, where his guilt or innocence will be determined by a jury in open court.” Such a decision takes al-Marri out of the military commissions system and places him in the US criminal judicial system. The American Civil Liberties Union (ACLU) is representing al-Marri’s Supreme Court challenge to the “enemy combatant” designation, but criminal charges will not necessarily resolve that issue. Part of the discussion of whether to charge al-Marri centered on the evidence against him: al-Marri’s lawyers claim that much of the evidence against their client was obtained through harsh interrogation techniques and torture, which would render that evidence inadmissible in a US court. Some of the evidence may also be too sensitive to reveal in open court, having been gathered through classified intelligence operations. Lead counsel Jonathan Hafetz says: “[T]he decision to charge al-Marri is an important step in restoring the rule of law and is what should have happened seven years ago when he was first arrested (see February 8, 2002). But it is vital that the Supreme Court case go forward because it must be made clear once and for all that indefinite military detention of persons arrested in the US is illegal and that this will never happen again.” Amnesty International’s Geneve Mantri calls the decision to charge al-Marri “another crucial step in the right direction,” and adds: “If there are individuals who pose a real threat to the United States, the best, most effective means of dealing with them is the current system of justice. There are a number of outstanding questions about how the detainee cases will be reviewed and what the approach of the new administration will be, but Amnesty International welcomes this as an indication that they have faith in the US justice system and rule of law.” [US Department of Justice, 2/27/2009; Washington Post, 2/27/2009; American Civil Liberties Union, 2/27/2009] The ACLU wants the Supreme Court to ignore the criminal charges and rule on al-Marri’s petition for habeas corpus rights; the Justice Department says that the criminal charges render al-Marri’s lawsuit moot. [Lyle Denniston, 2/26/2007]
Provisions for indefinite detention included in the 2012 “National Defense Authorization Act,” an annual ‘must pass’ defense spending bill, begin to generate controversy soon after the proposed text is published. The language drafted by the Senate Armed Services Committee provides for indefinite military detention, without charge or trial, of essentially anyone accused of supporting or being associated with groups “engaged in hostilities” with the United States, including US citizens. The American Civil Liberties Union (ACLU) begins monitoring the proceedings and urging the public to oppose the bill. [ACLU.org, 7/6/2011] Other civil liberties and human rights groups will follow suit, including Amnesty International, the Center for Constitutional Rights (CCR), Human Rights Watch (HRW), and the Bill of Rights Defense Committee. The ACLU, CCR, and HRW point out that indefinite detention without charge or trial has not been codified since the McCarthy era. [ConstitutionCampaign.org, 12/6/2011; HRW.org, 12/15/2011; CCRJustice.org, 1/4/2012; Amnesty International, 1/5/2012] Constitutional experts Jonathan Turley and Glenn Greenwald will repeatedly condemn the bill’s indefinite military detention provisions. [Jonathan Turley, 1/2/2012; Salon, 12/15/2012] Two retired four-star Marine Generals, Charles C. Krulak and Joseph P. Hoar, will criticize the NDAA’s indefinite detention provision in an op-ed published in the New York Times, writing that under the law, “Due process would be a thing of the past.” And, “[T]his provision would expand the battlefield to include the United States—and hand Osama bin Laden an unearned victory long after his well-earned demise.” [New York Times, 12/13/2011] Congress will pass the bill on December 15 (see December 15, 2011) and President Obama will sign it into law on December 31 (see December 31, 2011). A poll conducted shortly after the bill is passed by Congress will find that only one in four likely voters support the NDAA (see December 22-26, 2011). After the bill is signed into law, states and municipalities will begin to pass laws and resolutions opposing the bill (see December 31, 2011 and After).
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