Showing posts with label Guantanamo. Show all posts
Showing posts with label Guantanamo. Show all posts

Thursday, August 07, 2008

When a title says it all . . .

Do You Feel Safe Now? Proud?

by Paul Craig Roberts

Now that military officers selected by the Bush Pentagon have reached a split verdict convicting Salim Hamdan, a onetime driver for Osama bin Laden, of supporting terrorism, but innocent of terrorist conspiracy, do you feel safe?

Or are we superpower Americans still at risk until we capture bin Laden's dentist, barber, and the person who installed the carpet in his living room?

The Bush regime with its comic huffings and puffings is unaware that it has made itself the laughingstock of the world, a comedy version of the Third Reich.

Hamdan was not defended by the slick lawyers that got O.J. Simpson off, and he most certainly did not have a jury of his peers. Hamdan was defended by a Pentagon-appointed U.S. Navy officer, and his jurors were all Pentagon-appointed U.S. military officers with an eye on their careers. Even in this kangaroo court, Hamdan was cleared of the main charge.

The U.S. Navy officer who was Hamdan's appointed attorney is certainly no terrorist sympathizer. Yet even this United States officer said that the rules Bush designed for the military tribunals were designed to achieve convictions. He also said that the judge allowed evidence that would not have been admitted by any civilian or military U.S. court. He said that the interrogations of Hamdan, which comprised the basis of the Bush regime's case, were tainted by coercive tactics, including sleep deprivation and solitary confinement.

Does this make you a proud American?

Do you think you are made more safe when you stand there while "your" government implements its own version of Joseph Stalin's show trials?

The trial and conviction of Hamdan has made every American very unsafe.

The one certain fact about U.S. law is that it is expanded until it applies to everyone. Consider RICO, for example, the asset freeze law that was intended only in criminal cases involving the Mafia; it wasn't long before RICO found its way into civil divorce proceedings.

Bush's multi-year, multi-billion dollar "war on terror" has been reduced to railroading a low-level employee, a driver, for "terrorism."

One would hope that the Hamdan verdict would be enough shame and ridicule for the U.S. in one day. But no, Bush didn't stop there. On his way to the Beijing Olympics, President Bush expressed "deep concerns" for the state of human rights in China. But not in Guantanamo, nor in Abu Ghraib, nor in the CIA's torture dungeons used for "renditions," nor in Iraq and Afghanistan, where the U.S. is expert at bombing weddings, funerals, children's soccer games, and every assortment of civilians imaginable.

As the good book says, clean the beam from your own eye before pointing to the mote in your brother's eye.

But Americans, the salt of the earth, have neither beams nor motes. We are the virtuous few, ordained by God to impose our hegemony on the world. It is written, or so say the neocons.

What would President Bush say if, heaven forbid, the Chinese were as rude as he is and asked Mr. Superpower why the land of "freedom and democracy" has one million names on a watch list. China with a population four times as large doesn't have a watch list with one million names.

What would President Bush say if China asked him why the U.S., with a population one-fourth the size of China's, has hundreds of thousands more of its citizens in prison? The percentage of Americans in prison is far higher than in China and is a larger absolute number.

What would President Bush say if China asked him why he used lies and deception to justify his invasion of Iraq. China, unlike Bush, is not responsible for 1.2 million dead Iraqis and 4 million displaced Iraqis.

China's human rights policy is not perfect. China's greatest human rights failing is that China is the Bush regime's prime enabler of its war crimes and human rights abuses in Iraq and Afghanistan. By financing Bush's budget deficit, China is financing Bush's gratuitous wars. Indeed, China can be said to finance the weaponry that the U.S. gives Israel to enable the suppression of the Palestinians and with which to bomb the civilian population of Lebanon.

China is a serious human rights abuser, because China is complicit in Bush's human rights abuses.

If we are honest about who is actually murdering and abusing people, it is the U.S., Israel, and the UK. There's your "axis of evil."

Original article posted here.

Tuesday, July 22, 2008

More war crimes, signs of barbarism and unspeakable acts of fascism and depravity

US detainee's lips sewn shut and wires shoved through his cheeks (w/photo)

Photo leaked from a military computer



Photo leaked from a US military computer network of a detainee held by the United States with face wired, lips sewn, red eyes and torso sacked. According to digital camera metadata the image was taken on Feb 9, 2003 03:49:25. The 6 Aug 2004 is also mentioned in relation to this photo. The facial wiring is clearly non-medical. The location of the detainee is unknown. Readers with information as to the status of this detainee contact usa@sunshinepress.org. Although there is a resemblance to the US Taliban supporter John Walker Lindh, the connection is superficial. The negative image to the right was created by Wikileaks to draw attention to certain regions of the photo on the left.


Original article posted here.

Tuesday, July 15, 2008

The abuse of 16 year old Omar Khadr

The world got its first glimpse of a Guantanamo detainee this morning when lawyers for Omar Khadr released a video of the Toronto man’s 2003 interrogation by Canadian officials.



Guantánamo video shows interrogation of sobbing Canadian youth

Video grab showing 16-year-old Omar Khadr being interviewed by intelligence agents at Guantánamo Bay, in February 2003.

Video grab showing 16-year-old Omar Khadr being interviewed by intelligence agents at Guantánamo Bay, in February 2003. Photograph: PA

The first footage showing an interrogation at Guantánamo Bay was released today by the lawyers of Omar Khadr, a Canadian teenager detained by US forces.

The video shows Khadr, at the time aged 16, interviewed by intelligence agents in 2003. During the footage he sobs uncontrollably, removes his shirt to complain about his medical treatment and tells the agents: "You don't care about me."

Left alone in the interrogation room, Khadr cries, holds his head and rocks back and forth. The audio is not clear, but he reportedly repeats the phrase "help me".

The video, at times distressing, is the first footage from inside an interrogation room at the controversial US detention camp to be made public.

Khadr, the son of Ahmed Said Khadr, who had ties to al-Qaida's elite, was captured in July 2002 in Afghanistan when he was just 15. Now 21, he remains in Guantánamo Bay along with around 270 so-called "enemy combatants".

The Pentagon forbids public release of photographs or recordings of the US detention camp and the Canadian government had declined requests by Khadr's lawyers, Nathan Whitling and Dennis Edney, to view the video footage.

But in May, Khadr's legal team won a US supreme court ruling for disclosure of footage - in total lasting several hours - as well as previously classified documents relating to his case.

The edited clip video released today shows Khadr interrogated by a Canadian Security Intelligence Service (CSIS) agent, a Canadian foreign affairs official Jim Gould, and an unidentified female CIA official - their faces have been blacked out.

The full-length videos, understood to have been recorded from a camera hidden in a ventilation shaft, is expected to be posted online later today.

The video clip opens with Khadr removing the top half of his orange jumpsuit to show his interrogators his injuries resulting from two bullet wounds. He says: "You say this is healthy? I can't move my arm."

The CSIS agent replies: "They look like they're healing well to me. You know, I'm not a doctor but I think you're getting good medical care." Khadr replies: "No I'm not. You're not here."

After Khadr complains further, the agent states: "I understand this is stressful, but by using this as a strategy to talk to us - it's not going to be any more helpful. I mean we've got a limited about of time and, you know, we've heard this story before."

Responding to complaints from Khadr that his interrogators "don't care" about him, the CSIS agent replies: "Well, I do care about you, but I want to talk to the honest Omar I talked to yesterday."

At times Khadr appears confused and despondent, and repeatedly breaks down. In another exchange, the agent says: "You want to go back to Canada? Well, there's not anything I can do about that."

Dennis Edney told the Toronto Star: "I hope Canadians will be outraged to see the callous and disgraceful treatment of a Canadian youth. Canadians should demand to know why they've been lied to."

The video follows documents released last week that revealed senior Canadian officials were aware that Khadr had been subjected to weeks of sleep deprivation, even though they stated publicly that the teenager had been treated humanely. For three weeks, Khadr had been made to move to a new cell every three hours, the documents revealed.

Gould, who has said he was only present during the interrogation to assess Khadr' s wellbeing, reported to Canada's foreign affairs department that Khadr was "a thoroughly screwed up young man".

"All those persons who have been in positions of authority over him have abused him and his trust, for their own purposes," Gould said.

Khadr, who the US accuses of killing a soldier with a grenade, is set to face a military trial later this year for five war crimes. Amnesty International has described him as the first person to be put on trial anywhere in the world for war crimes allegedly committed when he was a juvenile.

Original article posted here.

Monday, July 07, 2008

More of a legal disgrace and the great symbolic but often empty reality of "the Rule of Law"


'State Secrets' Privilege Derails Rendition Suit

by William Fishe

Maher Arar, whose "rendition" to Syria is widely viewed as an egregious example of mistaken identity, has again been denied the right to appear in court, and Congressional efforts to rein in the George W. Bush administration's widespread use of national security as a defense appear to be foundering.

Late last month, a federal court of appeals ruled that the lawsuit brought by Arar against former Attorney General John Ashcroft, FBI director Robert Mueller and other senior government officials could not be heard. After government lawyers invoked the "state secrets" privilege, the court concluded that hearing Arar's claims would interfere with sensitive matters of foreign policy and national security.

Arar, a Syrian-born Canadian, was detained on suspicion of being a terrorist at New York's John F. Kennedy Airport in September 2002 while in transit to his home in Canada from a vacation in North Africa. Based on information provided to US authorities by the Canadian government, Arar was held incommunicado for two weeks and then flown to Syria where he was imprisoned, interrogated, and tortured for close to a year. The Bush administration labeled him a member of al-Qaeda.

When the government invokes the "state secrets" privilege, federal courts have routinely dismissed lawsuits because they cannot proceed with the requested evidence. Most recently, the privilege was used to dismiss a suit over the National Security Agency's warrantless wiretapping program and the government's use of detention, interrogation and "extraordinary rendition".

In a rare move, a federal judge in Chicago recently disagreed with the government's use of the privilege in a case involving the Department of Homeland Security's terrorist watchlist, ruling that the plaintiff, a local businessman, could find out whether his name is on the list.

In one of the Arar case's more bizarre twists, the court ruled that, as a foreigner who had not been formally admitted to the US, Arar had no constitutional due process rights. It was the US government that denied Arar admission to the country.

Both the Syrian and Canadian governments said they had found that Arar had no connection to any criminal or terrorist organization or activity. After an intensive two-year investigation, the Canadians apologized to Arar for Canada's role in his rendition and awarded him a 10-million-dollar settlement.

The US government has stopped short of an apology to Arar, but at a recent Congressional hearing, Secretary of State Condoleezza Rice admitted that the US had mishandled the case. "We do not think that this case was handled as it should have been," Rice told the House Foreign Affairs Committee. "We do absolutely not wish to transfer anyone to any place in which they might be tortured."

The court also rejected Arar's claim that US officials are liable under the Torture Victim Protection Act, for conspiring with Syria to subject Arar to torture under color of foreign law. The TVPA creates liability for torture inflicted under color of foreign law, and courts have held that it applies not only to the torturer, but also to those who aid or abet the torture.

Arar alleged that US officials aided and abetted in his torture at Syrian hands, but the court ruled that the federal officials could not be held responsible for their conspiracy with the Syrians because they were federal officials exercising federal authority.

Arar's lawyer, Professor David Cole of the Georgetown University Law Center, appearing on behalf of the Center for Constitutional Rights (CCR), told IPS, "The Canadians, who provided misinformation about Arar but did not acquiesce in sending him to Syria, have conducted a full investigation, written an 1,100-page report, formally apologized, and awarded Mr. Arar 10 million dollars in damages and legal fees. Meanwhile the United States, the far more culpable actor, maintains that it violated no rights, and that Mr. Arar has no remedy."

Maria LaHood, a senior CCR attorney, told IPS that her organization plans to either petition the appeals court for rehearing, or petition the Supreme Court to decide the case.

She added, "Giving short shrift to the facts, the majority opinion grants impunity to US officials for sending Maher to Syria to be tortured and for preventing him from seeking relief in the courts. The defendants have again blocked Maher's access to justice, this time with the court's seal of approval."

Meanwhile, legislation to curb the government's use of the state secrets privilege appears to be stalled in Congress. In April, the Senate Judiciary Committee approved a bill that attempts to limit the government's use of the state secrets privilege. The bill was introduced by Sens. Edward Kennedy, Massachusetts Democrat, and Pennsylvania's Arlen Specter, the senior Republican on the Judiciary Committee.

It would create a uniform set of procedures for federal judges to employ when the government asserts the privilege. It would require the government to produce the evidence it says is protected for review by a federal judge in a classified setting. The government would be unable to rely on affidavits as it has in the past. It also would prevent judges from dismissing cases based on the privilege before plaintiffs have had a chance to engage in evidentiary discovery.

"It's long past time for Congress to address the state secrets privilege. Congress needs to ensure – and the American people need to feel confident – that the courts are adjudicating the privilege properly and not just giving the executive a free pass. No one in America should be above the law. That's why this legislation is so critical," Sen. Kennedy said.

But the bill lacked bipartisan support on the committee. Only one Republican, Sen. Specter, voted to move it to the Senate floor for a vote. The Senate has many bills backed up in its queue and little time to even get them introduced, much less put to a vote. Moreover, its calendar has become increasingly dominated by elections in the fall.

Nonetheless, there has been other recent action in Congress. The Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties and the House Foreign Affairs Subcommittee on International Organizations, Human Rights, and Oversight, held a joint oversight hearing in June on the report of the Department of Homeland Security Office of Inspector General on Arar's removal.

Arar testified at the hearing – the first time he has appeared before any US governmental body. His testimony was via video because he is still on the government's "no-fly" watchlist. During the hearing, individual members of Congress publicly apologized to him, though the government has not.

At the hearing, DHS Inspector General Richard G. Skinner announced that his office has reopened its investigation of the government's treatment of Arar. He told the hearing that he could not rule out the possibility that immigration officials violated a law that prohibits the US government from sending anyone to a country where he or she is likely to be tortured, especially since investigators were not allowed to question all participants.

Earlier, Skinner's testimony and a 50-page report found that US immigration officials acted appropriately in determining that Arar could be expelled. But he said immigration authorities concluded that sending Arar to Syria "would more likely than not result in his torture" and relied on "ambiguous" assurances from Syria that he would not be. Skinner also questioned US officials' minimal efforts to notify attorneys for Arar before a late-night hearing where he could argue his fear of torture.

Original article posted here.

Sunday, June 29, 2008

New York Times, after warmongering and cheerleading, now expressing indignation over torture. Not new.

All Too Human

By BOB HERBERT

Thursday was the 21st anniversary of the United Nations Convention Against Torture.

It was also the same day that two Bush administration lawyers appeared before a House subcommittee to answer questions about their roles in providing the legal framework for harsh interrogation techniques that inevitably rose to the level of torture and shamed the U.S. before the rest of the world.

The lawyers, both former Justice Department officials, were David Addington, who is now Dick Cheney’s chief of staff, and John Yoo, now a law professor at the University of California, Berkeley. There is no danger of either being enshrined as heroes in the history books of the future.

For most Americans, torture is something remote, abstract, reprehensible, but in the eyes of some, perhaps necessary — when the bomb is ticking, for example, or when interrogators are trying to get information from terrorists willing to kill Americans in huge numbers.

Reality offers something much different. We saw the hideous photos from Abu Ghraib. And now the Nobel Prize-winning organization Physicians for Human Rights has released a report, called “Broken Laws, Broken Lives,” that puts an appropriately horrifying face on a practice that is so fundamentally evil that it cannot co-exist with the idea of a just and humane society.

The report profiles 11 detainees who were tortured while in U.S. custody and then released — their lives ruined — without ever having been charged with a crime or told why they were detained. All of the prisoners were men, and all were badly beaten. One was sodomized with a broomstick, the report said, and forced by his interrogators to howl like a dog while a soldier urinated on him.

He fainted, the report said, “after a soldier stepped on his genitals.”

Officials at Physicians for Human Rights said extensive medical and psychological examinations were conducted — and in two cases prior medical records were consulted — to help corroborate the testimony of the detainees. The organization has a long and credible history of documenting such abuses.

Leonard Rubenstein, president of Physicians for Human Rights, said: “In doing the evaluations, we used international standards, medical assessments of torture and ill treatment, and meticulously assessed physical and psychological evidence of torture and ill treatment, and the long-term physical and mental health consequences.”

The most effective element of the report is the way in which it takes torture out of the realm of the abstract to show not just the horror and cruelty of the torture itself, but the way in which it absolutely devastates the body, soul and psyche of its victims.

The detainees profiled in the report were abused at facilities in Afghanistan, Iraq and Guantánamo Bay, Cuba. Three said they had been subjected to electric shocks. One said he was stabbed in the cheek with a screwdriver and hit in the head and in the jaw with a rifle.

In an example of how medical evidence was used to back up a detainee’s account, the report said scarring on one of the prisoner's thumbs “was highly consistent with the scarring caused by electric shock.”

In addition to the physical mistreatment, the detainees reported that various gruesome forms of humiliation, including sexual humiliation, were pervasive. They said men were paraded nude in front of female soldiers, forced to watch pornography, and forced to disrobe before female interrogators.

The sheer number of different ways in which detainees were reported to have been abused was mind-boggling. They were deprived of sleep, forced to endure extremes of heat and cold, chained in crouching positions for 18 to 20 hours at a time, told that their female relatives would be raped, that they themselves would be killed, and on and on. All to no good end.

The ostensible purpose of mistreating prisoners is to inflict pain and induce disorientation and despair, creating so much agony that the prisoners give up valuable intelligence in order to end the suffering. But torture is not an interrogation technique; it’s a criminal attack on a human being.

What the report makes clear is that once the green light is given to torture, the guaranteed result is an ever-widening landscape of broken bodies, ruined lives and profound shame to all involved.

Nearly all of the detainees profiled in the report have experienced excruciating psychological difficulties since being released. Several said that they had contemplated suicide. As one put it: “No sorrow can be compared to my torture experience in jail. That is the reason for my sadness.”

Congress and the public do not know nearly enough about the nation’s post-Sept. 11 interrogation practices. When something as foul as torture is on the table, there is a tendency to avert one’s eyes from the most painful truths.

It’s a tendency we should resist.

Original article posted here.

Tuesday, June 24, 2008

New York Time's take on CIA torture (though the whole premise of "911 Mastermind" is absurd)

Inside a 9/11 Mastermind’s Interrogation
Janet Hamlin

A sketch of Khalid Shaikh Mohammed, standing, during his arraignment this month.

Piers Benatar for The New York Times

THE PATH TO GUANTÁNAMO The house in Faisalabad, Pakistan, where Abu Zubaydah was seized in 2002.

Associated Press

The Szymany Airport in Poland near a C.I.A. “black site.”

Pool photo by Brennan Linsley

The media operations hangar at the detention center at Guantánamo Bay, Cuba.

Associated Press

INFORMATION Ramzi bin al-Shibh, seized as a terrorist suspect in 2002, soon cooperated with his interrogators.

The interrogator, Deuce Martinez, a soft-spoken analyst who spoke no Arabic, had turned down a C.I.A. offer to be trained in waterboarding. He chose to leave the infliction of pain and panic to others, the gung-ho paramilitary types whom the more cerebral interrogators called “knuckledraggers.”

Mr. Martinez came in after the rough stuff, the ultimate good cop with the classic skills: an unimposing presence, inexhaustible patience and a willingness to listen to the gripes and musings of a pitiless killer in rambling, imperfect English. He achieved a rapport with Mr. Mohammed that astonished his fellow C.I.A. officers.

A canny opponent, Mr. Mohammed mixed disinformation and braggadocio with details of plots, past and planned. Eventually, he grew loquacious. “They’d have long talks about religion,” comparing notes on Islam and Mr. Martinez’s Catholicism, one C.I.A. officer recalled. And, the officer added, there was one other detail no one could have predicted: “He wrote poems to Deuce’s wife.”

Mr. Martinez, who by then had interrogated at least three other high-level prisoners, would bring Mr. Mohammed snacks, usually dates. He would listen to Mr. Mohammed’s despair over the likelihood that he would never see his children again and to his catalog of complaints about his accommodations.

“He wanted a view,” the C.I.A. officer recalled.

The story of Mr. Martinez’s role in the C.I.A.’s interrogation program, including his contribution to the first capture of a major figure in Al Qaeda, provides the closest look to date beneath the blanket of secrecy that hides the program from terrorists and from critics who accuse the agency of torture.

Beyond the interrogator’s successes, this account includes new details on the campaign against Al Qaeda, including the text message that led to Mr. Mohammed’s capture, the reason the C.I.A. believed his claim that he was the murderer of the Wall Street Journal reporter Daniel Pearl and the separate teams at the C.I.A.’s secret prisons of those who meted out the agony and those who asked the questions.

In the Hollywood cliché of Fox’s “24,” a torturer shouts questions at a bound terrorist while inflicting excruciating pain. The C.I.A. program worked differently. A paramilitary team put on the pressure, using cold temperatures, sleeplessness, pain and fear to force a prisoner to talk. When the prisoner signaled assent, the tormenters stepped aside. After a break that could be a day or even longer, Mr. Martinez or another interrogator took up the questioning.

Mr. Martinez’s success at building a rapport with the most ruthless of terrorists goes to the heart of the interrogation debate. Did it suggest that traditional methods alone might have obtained the same information or more? Or did Mr. Mohammed talk so expansively because he feared more of the brutal treatment he had already endured?

A definitive answer is unlikely under the Bush administration, which has insisted in court that not a single page of 7,000 documents on the program can be made public. The C.I.A. declined to provide information for this article, in part, a spokesman said, because the agency did not want to interfere with the military trials planned for Mr. Mohammed and four other Qaeda suspects at Guantánamo Bay, Cuba.

The two dozen current and former American and foreign intelligence officials interviewed for this article offered a tantalizing but incomplete description of the C.I.A. detention program. Most would speak of the highly classified program only on the condition of anonymity.

Mr. Martinez declined to be interviewed; his role was described by colleagues. Gen. Michael V. Hayden, director of the C.I.A., and a lawyer representing Mr. Martinez asked that he not be named in this article, saying that the former interrogator believed that the use of his name would invade his privacy and might jeopardize his safety. The New York Times, noting that Mr. Martinez had never worked undercover and that others involved in the campaign against Al Qaeda have been named in news articles and books, declined the request. (An editors’ note on this issue has been posted on The Times’s Web site.)

The very fact that Mr. Martinez, a career narcotics analyst who did not speak the terrorists’ native languages and had no interrogation experience, would end up as a crucial player captures the ad-hoc nature of the program. Officials acknowledge that it was cobbled together under enormous pressure in 2002 by an agency nearly devoid of expertise in detention and interrogation.

“I asked, ‘What are we going to do with these guys when we get them?’ ” recalled A. B. Krongard, the No. 3 official at the C.I.A. from March 2001 until 2004. “I said, ‘We’ve never run a prison. We don’t have the languages. We don’t have the interrogators.’ ”

In its scramble, the agency made the momentous decision to use harsh methods the United States had long condemned. With little research or reflection, it borrowed its techniques from an American military training program modeled on the torture repertories of the Soviet Union and other cold-war adversaries, a lineage that would come to haunt the agency.

It located its overseas jails based largely on which foreign intelligence officials were most accommodating and rushed to move the prisoners when word of locations leaked. Seeking a longer-term solution, the C.I.A. spent millions to build a high-security prison in a remote desert location, according to two former intelligence officials. The prison, whose existence has never been disclosed, was completed — and then apparently abandoned unused — when President Bush decided in 2006 to move all the prisoners to Guantánamo.

By then, whether it was a result of a fear of waterboarding, the patient trust-building mastered by Mr. Martinez or the demoralizing effects of isolation, Mr. Mohammed and some other prisoners had become quite compliant. In fact, according to several officials, they had become a sort of terrorist focus group, advising their captors on their fellow extremists’ goals, ideology and tradecraft.

Asked, for example, how he would smuggle explosives into the United States, Mr. Mohammed told C.I.A officers that he might send a shipping container from Japan loaded with personal computers, half of them packed with bomb materials, according to a foreign official briefed on the episode.

“It was to understand the mind of a terrorist — how a terrorist would do certain things,” the foreign official said of the discussions of hypothetical attacks. Thus did the architect of 9/11 become, in effect, a counterterrorism adviser to the American government he professed to despise.

A Break in Pakistan

When Mr. Martinez flew to Pakistan early in 2002, he was joining an increasingly desperate campaign to catch and question anyone who might know the plans for the next terrorist attack.

Months had passed since Sept. 11, 2001, without a single senior Qaeda figure being taken alive. Intelligence agencies were alarmed by the eavesdropping “chatter” about threats. But without a high-level terrorist in custody, the government had few sources to warn of plots in progress.

Then, in February 2002, the C.I.A. station in Islamabad, Pakistan, learned that Abu Zubaydah, Al Qaeda’s logistics specialist, was in Lahore or Faisalabad, Pakistani cities 80 miles apart with a combined population of more than 10 million. The hunt for the terrorist’s electronic trail grew intensive.

Armed with Abu Zubaydah’s cellphone number, eavesdropping specialists deployed what some called the “magic box,” an electronic scanner that could track any switched-on mobile phone and give its approximate location. But Abu Zubaydah was careful about security: he turned his phone on only briefly to collect messages, not long enough for his trackers to get a fix on his whereabouts.

That was when Mr. Martinez arrived, beginning what would be an unlikely engagement with the world’s worst terrorists.

The son of a C.I.A. technician who worked on the agency’s secret communications and eventually became a senior executive, Mr. Martinez grew up in Virginia, majored in political science at James Madison University and went directly into the C.I.A. training program not long before his father retired. He wound up in the agency’s Counternarcotics Center, learning to sift masses of phone numbers, travel records, credit card transactions and more to search for people.

“Deuce had a reputation as one of those eggheads who could sit down with a lot of data and make sense out of it,” said one former C.I.A. officer who knew him well. In the agency’s great cultural divide, he was a stay-at-home analyst, not an “operator,” one of the glamorous spies who recruited foreign agents overseas. His tool was the computer, and until the earthquake of 9/11 his expertise was drug cartels, not terrorist networks.

After the attacks, officials recognized that tracking drug lords was not so different from searching for terrorist masterminds, and Mr. Martinez was among a half dozen or so narcotics analysts moved to the Counterterrorist Center to become “targeting officers” in the hunt for Al Qaeda.

Colleagues say Mr. Martinez, then 36, threw himself into the new work with a passion. On a wall at the American Embassy in Islamabad, he posted a large, blank piece of paper. He wrote Abu Zubaydah’s phone number at the center. Then, over a week or so, he and others added more and more linked phone numbers from the eavesdropping files of the National Security Agency and Pakistani intelligence. They excluded known institutions like mosques and shops and gradually built a map of the network of contacts around Abu Zubaydah.

“It was a spider’s web,” said one person who saw the telephone chart. “Aesthetically it was quite pretty.”

Using the numbers, and premises linked to them, Mr. Martinez and his colleagues sought to identify Abu Zubaydah’s most likely hide-outs. They could not reduce the list to fewer than 14 addresses in Lahore and Faisalabad, which they put under surveillance. At 2 a.m. on March 28, 2002, teams led by Pakistan’s Punjab Elite Force, with Americans waiting outside, hit the locations all at once.

One of the SWAT teams found Abu Zubaydah, protected by Syrian and Egyptian bodyguards, at a handsome house on Canal Road in Faisalabad. It held bomb-making equipment and a safe loaded with $100,000 in cash, according to a terrorism consultant briefed on the event. Photographs of the raid reviewed by The Times last month showed Abu Zubaydah, a cleanshaven 30-year-old Palestinian, shot three times during the raid, lying face down in the back of a Toyota pickup before he was taken to a hospital.

At first, Abu Zubaydah fell in and out of consciousness, emerging occasionally to speak incoherently — once, evidently imagining himself in a restaurant, ordering a glass of red wine, a C.I.A. official said. The agency, desperate to keep him alive, flew in a Johns Hopkins Hospital surgeon to consult. Within a few days, Abu Zubaydah was flown to Thailand, to the first of the “black sites,” the agency’s interrogation facilities for major Qaeda figures.

Thailand, which had long faced Muslim insurgents in its south, became the first choice because C.I.A. officers had a very close relationship with their counterparts in Bangkok, according to one American intelligence official. At first, the official said, “they didn’t even tell the prime minister.”

Inside a ‘Black Site’

It was at the Thai jail, not far from Bangkok, that Mr. Martinez first tried his hand at interrogation on Abu Zubaydah, who refused to speak Arabic with his captors but spoke passable English. It was also there, as previously reported, that the C.I.A. would first try physical pressure to get information, including the near-drowning of waterboarding. The methods came from the military’s SERE training program, for Survival, Evasion, Resistance and Escape, which many of the C.I.A.’s paramilitary officers had themselves completed. A small version of SERE had long operated at the C.I.A.’s Virginia training site, known as The Farm.

Senior Federal Bureau of Investigation officials thought such methods unnecessary and unwise. Their agents got Abu Zubaydah talking without the use of force, and he revealed the central role of Mr. Mohammed in the 9/11 plot. They correctly predicted that harsh methods would darken the reputation of the United States and complicate future prosecutions. Many C.I.A. officials, too, had their doubts, and the agency used contract employees with military experience for much of the work.

Some C.I.A. officers were torn, believing the harsh treatment could be effective. Some said that only later did they understand the political cost of embracing methods the country had long shunned.

John C. Kiriakou, a former C.I.A. counterterrorism officer who was the first to question Abu Zubaydah, expressed such conflicted views when he spoke publicly to ABC News and other news organizations late last year. In a December interview with The Times, before being cautioned by the C.I.A. not to discuss classified matters, Mr. Kiriakou, who was not present for the waterboarding but read the resulting intelligence reports, said he had been told that Abu Zubaydah became compliant after 35 seconds of the water treatment.

“It was like flipping a switch,” Mr. Kiriakou said of the shift from resistance to cooperation. He said he thought such “desperate measures” were justified in the “desperate time” in 2002 when another attack seemed imminent. But on reflection, he said, he had concluded that waterboarding was torture and should not be permitted. “We Americans are better than that,” he said.

With Abu Zubaydah’s case, the pattern was set. With a new prisoner, the interrogators, like Mr. Martinez, would open the questioning. In about two-thirds of cases, C.I.A. officials have said, no coercion was used.

If officers believed the prisoner was holding out, paramilitary officers who had undergone a crash course in the new techniques, but who generally knew little about Al Qaeda, would move in to manhandle the prisoner. Aware that they were on tenuous legal ground, agency officials at headquarters insisted on approving each new step — a night without sleep, a session of waterboarding, even a “belly slap” — in an exchange of encrypted messages. A doctor or medic was always on hand.

The tough treatment would halt as soon as the prisoner expressed a desire to talk. Then the interrogator would be brought in.

Interrogation became Mr. Martinez’s new forte, first with Abu Zubaydah; then with Ramzi bin al-Shibh, the Yemeni who was said to have been an intermediary between the 9/11 hijackers and Qaeda leaders, caught in September 2002; and then with Abd al-Rahim al-Nashiri, the Saudi accused of planning the bombing of the American destroyer Cole in 2000, who was caught in November 2002.

Mr. bin al-Shibh quickly cooperated; Mr. Nashiri resisted and was subjected to waterboarding, intelligence officials have said. C.I.A superiors offered Mr. Martinez and some other analysts the chance to be “certified” in what the C.I.A. euphemistically called “enhanced interrogation methods.”

Mr. Martinez declined, as did several other C.I.A. officers. He did not condemn the tough methods, colleagues said, but he was learning that his talents lay elsewhere.

Another Suspect Is Seized

The hunt for Khalid Shaikh Mohammed involved the entire American intelligence establishment, with its billion-dollar arrays of spy satellites and global eavesdropping net. But his capture came down to a simple text message sent from an informant who had slipped into the bathroom of a house in Rawalpindi, near the Pakistani capital, Islamabad.

“I am with K.S.M.,” the message said, according to an intelligence officer briefed on the episode.

The capture team waited a few hours before going in on the night of March 1, 2003, to blur the connection to the informant, a walk-in attracted by the offer of a $25 million reward. The informant, described by one American who met him as “a little guy who looked like a farmer,” would later get a face-to-face thank you from George J. Tenet, then the C.I.A. director, at the American Embassy in Abu Dhabi, intelligence officials say, and he was resettled with his reward money under a new identity in the United States.

Within days, Mr. Mohammed was flown to Afghanistan and then on to Poland, where the most important of the C.I.A.’s black sites had been established. The secret base near Szymany Airport, about 100 miles north of Warsaw, would become a second home to Mr. Martinez during the dozens of hours he spent with Mr. Mohammed.

Poland was picked because there were no local cultural and religious ties to Al Qaeda, making infiltration or attack by sympathizers unlikely, one C.I.A. officer said. Most important, Polish intelligence officials were eager to cooperate.

“Poland is the 51st state,” one former C.I.A. official recalls James L. Pavitt, then director of the agency’s clandestine service, declaring. “Americans have no idea.”

Mr. Mohammed met his captors at first with cocky defiance, telling one veteran C.I.A. officer, a former Pakistan station chief, that he would talk only when he got to New York and was assigned a lawyer — the experience of his nephew and partner in terrorism, Ramzi Yousef, after Mr. Yousef’s arrest in 1995.

But the rules had changed, and the tough treatment began shortly after Mr. Mohammed was delivered to Poland. By several accounts, he proved especially resistant, chanting from the Koran, doling out innocuous information or offering obvious fabrications. The Times reported last year that the intensity of his treatment — various harsh techniques, including waterboarding, used about 100 times over a period of two weeks — prompted worries that officers might have crossed the boundary into illegal torture.

His cooperation came in fits and starts, and interrogators said they believed at times that he gave them disinformation. But he talked most freely to Mr. Martinez.

An obvious chasm separated these enemies — the interrogator and the prisoner. But Mr. Martinez shared a few attributes with his adversary that he could exploit as he sought his secrets. They were close in age, approaching 40; they had attended public universities in the American South (Mr. Mohammed had studied engineering at North Carolina A&T); they were both religious; and they were both fathers.

Mr. Mohammed, according to one former C.I.A. officer briefed on the sessions, “would go through these emotional cycles.”

“He’d be chatty, almost friendly,” the officer added. “He liked to debate. He got to the stage where he’d draw parallels between Christianity and Islam and say, ‘Can’t we get along?’ ”

By this account, Mr. Martinez would reply to the man who had overseen the killing of nearly 3,000 people: “Isn’t it a little late for that?”

At other times, the C.I.A. officer said, Mr. Mohammed would grow depressed, complaining about being separated from his family and ranting about his cell or his food — a common theme for other prisoners, including Abu Zubaydah, who protested when the flavor of his Ensure nutrition drink was changed.

Sometimes Mr. Mohammed wrote letters to the Red Cross or to President Bush with his demands; the letters went to C.I.A. psychologists for analysis.

And there were the poetic tributes to Mr. Martinez’s wife, scribbled in Mr. Mohammed’s ungrammatical English and intended as a show of respect for his interrogator, according to a colleague who heard Mr. Martinez’s account.

But as time passed, Mr. Mohammed provided more and more detail on Al Qaeda’s structure, its past plots and its aspirations. When he sometimes sought to mislead, interrogators often took his claims immediately to other Qaeda prisoners at the Polish compound to verify the information.

The intelligence riches ultimately gleaned from Mr. Mohammed were reflected in the report of the national 9/11 commission, whose footnotes credit his interrogations 60 times for facts about Al Qaeda and its plotting — while also occasionally noting assertions by him that were “not credible.”

The interrogations the commission cited began just 11 days after Mr. Mohammed’s capture and ended just days before the commission’s report was published in mid-2004. Together they amount to a detailed history of Mr. Mohammed’s initiation into terrorism along with his nephew, Mr. Yousef; his plotting of mayhem from Bosnia to the Philippines; and his alliance with Osama bin Laden, to whom the egotistical Mr. Mohammed was reluctant to defer.

Mr. Mohammed also claimed a role in a long list of completed and thwarted attacks. Human rights advocates have questioned some of Mr. Mohammed’s claims, including the beheading of Mr. Pearl, the Wall Street Journal reporter, suggesting that they may have been false statements made to stop torture.

But Mr. Martinez told colleagues that Mr. Mohammed volunteered out of the blue that he was the man who killed Mr. Pearl. The C.I.A. at first was skeptical, according to two former agency officials. Intelligence analysts eventually were convinced, however, in part because Mr. Mohammed pointed out to Mr. Martinez details of the hand and arm of the masked killer in a videotape of the murder that appeared to show it was him.

“He was a leader,” said a foreign counterterrorism official briefed on the episode. “He wanted to demonstrate to his people how ruthless he could be.”

Divergent Paths

On June 5, Mr. Mohammed made a theatrical return to the public eye at his Guantánamo Bay arraignment, with a long, graying beard and a defiant insistence that the American military commission could do no more to him than give him his wish: execution and martyrdom.

His interrogator has moved on, too. Like many other C.I.A. officers in the post-9/11 security boom, Mr. Martinez left the agency for more lucrative work with government contractors.

His life today is quiet by comparison with the secret interrogations of 2002 and 2003. But Mr. Martinez has not turned away entirely from his old world. He now works for Mitchell & Jessen Associates, a consulting company run by former military psychologists who advised the C.I.A. on the use of harsh tactics in the secret program.

And his new employer sent Mr. Martinez right back to the agency. For now, the unlikely interrogator of the man perhaps most responsible for the horrors of 9/11 teaches other C.I.A. analysts the arcane art of tracking terrorists.

Original article posted here.

Wednesday, June 18, 2008

What should be an exhibit in a war crimes tribunal prosecution against the Bush Cabal

A timeline to Bush government torture

Newly public evidence sheds greater light on Bush officials' efforts to develop brutal interrogation techniques for the war on terror.

By Mark Benjamin

News

Chip Somodevilla/Getty Images

Retired U.S. Air Force Lt. Col. Daniel Baumgartner Jr., testifies before the Senate Armed Services Committee about detainee treatment on June 17, 2008, in Washington.

June 18, 2008 | WASHINGTON -- For years now, the Bush White House has claimed that the United States does not conduct torture. Prisoner abuse at places like Abu Ghraib prison in Iraq, it has asserted, was an aberration -- the work of a few "bad apples" on the night shift. When the CIA used "enhanced" interrogation techniques such as waterboarding (simulated drowning), the abuse, according to Bush officials, did not add up to torture.

But as more and more documents from inside the Bush government come to light, it is increasingly clear that the administration sought from early on to implement interrogation techniques whose basis was torture. Soon after the terrorist attacks of Sept. 11, 2001, the Pentagon and the CIA began an orchestrated effort to tap expertise from the military's Survival, Evasion, Resistance, Escape school, for use in the interrogation of terrorist suspects. The U.S. military's SERE training is designed to inoculate elite soldiers, sailors and airmen to torture, in the event of their capture, by an enemy that would violate the Geneva Conventions. Those service members are subjected to forced nudity, stress positions, hooding, slapping, sleep deprivation, sexual humiliation and, yes, in some cases, waterboarding.

SERE training has nothing to do with effective interrogation, according to military experts. Trained interrogators don't work in the program. Skilled, experienced interrogators, in fact, say that only a fool would think that the training could somehow be reverse-engineered into effective interrogation techniques.

But that's exactly what the Bush government sought to do. As the plan rolled forward, military and law enforcement officials consistently sent up red flags that the SERE-based interrogation program wasn't just wrongheaded, it was probably illegal.

On Tuesday, the Senate Armed Services Committee conducted a hearing on the evolution of abusive interrogations under the Bush administration. Through a series of memos and documents released by the committee, some old and some new, the following timeline has now been established. Committee chairman Carl Levin, the senior Democrat from Michigan, discussed this timeline at length in his opening statement.

- - - - - - - - - - - -

July 2002 -- Richard Shiffrin, a deputy general counsel in the Department of Defense, called Lt. Col. Daniel Baumgartner Jr. from the military's SERE school. Shiffrin wanted information on SERE training techniques. Baumgartner testified on Tuesday that during this period, he received similar requests from the Defense Intelligence Agency and "another agency" he declined to name.

July 25 and 26, 2002 -- Baumgartner responded to the Pentagon request by sending two memos to the Pentagon's general counsel's office describing SERE training techniques. The memos discuss (among other things) sensory deprivation, sleep deprivation, stress positions, waterboarding, slapping, sensory overload and diet manipulation. The hearing on Tuesday did not go into what information was sent to the DIA or the "other agency."

Aug. 1, 2002 -- The Justice Department's Office of Legal Counsel sent memos to Alberto Gonzales, then the White House counsel, about the definition of torture. It sent another memo to the CIA. The memo to Gonzales defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death." The CIA memo remains classified.

Week of Sept. 16, 2002 -- Interrogators from Guantánamo Bay traveled to the SERE school at Fort Bragg, N.C., for training by SERE staff.

Sept. 25, 2002 -- David Addington, Vice President Dick Cheney's counsel; acting CIA general counsel John Rizzo, Pentagon general counsel William J. Haynes; and Michael Chertoff, then head of the Criminal Division at the Justice Department; all traveled to Guantánamo. They attended briefings on "intel techniques," according to a military after-action report.

Oct. 2, 2002 -- Jonathan Fredman, chief counsel to the CIA's counterterrorism center, went to Guantánamo. While there, Fredman discussed with military officials a classified memo on aggressive interrogation techniques prepared by a psychologist and psychiatrist who had attended SERE training at Fort Bragg, according to minutes from the meeting. In attendance was Lt. Col. Diane Beaver, a staff judge advocate at Guantánamo. Fredman explained that for the CIA, the Justice Department had to approve the use of "significantly harsh" techniques. He also agreed to show the military officials a copy of a CIA request regarding the use of those methods, so the military officials could see what such a request looks like. Among other things, military officials asked if the CIA used waterboarding, as taught through SERE. "If a well trained individual is used to perform this technique it can feel like you are drowning," Fredman replied, according to the minutes. "The lymphatic system will react as if you're suffocating, but your body will not cease to function. It is very effective to identify phobias and use them, i.e.; insects, snakes, claustrophobia." The meeting minutes also show a discussion about hiding detainees from the International Committee of the Red Cross.

Oct. 11, 2002 -- Maj. Gen. Michael Dunlavey, who was in charge of Guantánamo, sent a memo to his superiors at U.S. Southern Command requesting approval of the use of three categories of increasingly brutal interrogation techniques. They included stress positions, exploitation of phobias, forced nudity, hooding, isolation, sensory deprivation, exposure to cold, and waterboarding. Attached was a memo from Beaver, justifying the legality of the techniques.

Oct. 25, 2002 -- U.S. Southern Command Cmdr. Gen. James Hill forwarded the request to the chairman of the Joint Chiefs of Staff.

Early November 2002 -- Push-back: In a series of scathing memos, alarmed military officials from all four services raised questions about the legality and effectiveness of the techniques under consideration. The Air Force cited "serious concerns regarding the legality" of the techniques. The chief of the Army's international law division said some of the techniques, like stress positions and sensory deprivation, "cross the line of 'humane' treatment.'" He added that the techniques "may violate the torture statute." The Navy called for further legal review. The Marine Corps wrote that the techniques "arguably violate federal law."

Nov. 23, 2002 -- The interrogation of a prisoner named Mohammed al-Khatani began at Guantánamo. The list of SERE-based indignities visited upon Khatani is long. Among them: Khatani was forced to stand naked in front of a female interrogator, was accused of being a homosexual, was forced to wear women's underwear and to perform "dog tricks" on a leash. He received 18-to-20-hour interrogations during 48 of 54 days. (Last month, the Convening Authority for military commissions "dismissed without prejudice" the charges against al-Khatani.)

Nov. 27, 2002 -- Despite the concerns raised by military leaders, Haynes, the Pentagon general counsel, sent a memo to then-Defense Secretary Donald Rumsfeld recommending approval of all but three of the techniques requested for use at Guantánamo by Dunlavey. Among the things Haynes recommended for approval: stress positions, forced nudity, use of dogs and sensory deprivation.

Dec. 2, 2002 -- Rumsfeld approved Haynes' memo authorizing the harsh techniques for Guantánamo. He added a now infamous handwritten note about forcing prisoners to stand for long periods: "I stand for 8-10 hours a day. Why is standing limited to 4 hours?" A copy of the memo signed by Rumsfeld was sent from Guantánamo to Afghanistan.

Early December 2002 -- Senior staff at Guantánamo drafted standard operating procedures for using SERE techniques during interrogations. According to the procedures, SERE training techniques "can be used to break real detainees during interrogation." That included slapping, stripping, stress positions and hooding.

Dec. 17, 2002 -- Push-back: FBI officials balked at the Guantánamo standard operating procedure, writing in a memo that law enforcement officials "object to these aggressive interrogation techniques."

Dec. 20, 2002 -- Push-back: Alberto Mora, then general counsel of the Navy, meets with Haynes, the Pentagon general counsel. Mora strongly objects to the techniques approved by Rumsfeld for Guantánamo. A memo describing the meeting shows Mora told Haynes that the techniques approved by Rumsfeld "could rise to the level of torture."

Dec. 30, 2002 -- Two instructors from the Navy SERE program arrive at Guantánamo. The next day, they school 24 members of the interrogation staff about slapping and stress positions.

January 2003 -- The officer in charge of the intelligence section at Bagram Airfield in Afghanistan viewed a PowerPoint presentation on the techniques approved by Rumsfeld on Dec. 2, 2002.

Jan. 9, 2003 -- Push-back: Mora met with Haynes again and objected to the interrogation techniques.

Jan. 15, 2003 -- Push-back: Mora urged Haynes to rescind the interrogation techniques authorized at Guantánamo. Mora said that if the abuse were not rolled back, he would sign a memo declaring that some of the more aggressive techniques approved by Rumsfeld "were violative of domestic and international legal norms." Rumsfeld rescinded his Dec. 2, 2002, memo authorizing harsh interrogation techniques.

Jan. 15, 2003 -- Rumsfeld established a "working group" to develop interrogation techniques to replace his Dec. 2, 2002, memorandum he had rescinded under pressure from Mora.

Jan. 24, 2003 -- A military attorney in Afghanistan produced an interrogation memo, which remains classified. A military report later divulged that the memo included some techniques approved by Rumsfeld on Dec. 2, 2002, including the use of dogs and forced nudity.

March 14, 2003 -- John Yoo, from the Justice Department's Office of Legal Counsel, drafted a memo on interrogations claiming that anti-torture law would not apply to some interrogations. Rumsfeld's working group has been widely criticized for disregarding the input of military attorneys such as Mora, and following Yoo's guidance.

Early 2003 -- Special Mission Unit forces in Iraq developed interrogation protocol based on techniques in use in Afghanistan. Interrogations included yelling, loud music, light control, exposure to heat and cold, sleep deprivation, stress positions and use of dogs for intimidation. The interrogation officer in charge of Abu Ghraib obtained a copy of the Special Mission Unit policy and submitted it to her command as proposed policy for use by conventional U.S. forces in Iraq.

April 16, 2003 -- Based on his working group's recommendations, Rumsfeld approved another list of interrogation techniques for use at Guantánamo. It authorized dietary manipulation, environmental manipulation and sleep "adjustment." It also said other techniques might be approved on request.

Aug. 13, 2003 -- Rumsfeld approved an interrogation program for a specific prisoner at Guantánamo, Mohamedou Ould Slahi. Documents from the plan remain classified. A Department of Defense inspector general report cites an FBI agent who saw a draft of the plan. The agent said it was similar to the plan for Khatani.

September 2003 -- SERE instructors are deployed to Iraq to assist interrogators, in response to a request from commander of the Special Mission Unit Task Force.

Sept. 14, 2003 -- Lt. Gen. Ricardo Sanchez, in charge of U.S. forces in Iraq, issued a standard operating procedure for interrogation that authorized stress positions, environmental manipulation, sleep management and use of dogs.

April 2004 -- Prisoner abuse by U.S. forces at Abu Ghraib comes to light and becomes a worldwide scandal. Pictures showed forced nudity, stress positions, hooding, sexual humiliation and other SERE-based techniques.

Original article posted here.

Tuesday, June 17, 2008

If you're not mad, you're not paying attention . . .

Harvard’s Gitmo Kangaroo Law School-The School for Torturers


Global Research, June 16, 2008


Boumediene v Bush, 553 U.S. Supreme Court, June 12, 2008

Versus

Harvard’s Gitmo Kangaroo Law School--

The School for Torturers

Not surprisingly, the January 2007 issue of the American Journal of Imperial Law--otherwise known as the self-styled American Journal of International Law but founded and still operated by U. S. State and War Departments’ apparatchiks and their professorial fellow-travelers-- published an article by Harvard Law School’s recently retired Bemis Professor of International Law Detlev Vagts (who only taught me the required course on Legal Accounting) arguing in favor of the Pentagon’s Kangaroo Courts System on Guantanamo despite the fact that they have been soundly condemned by every human rights organization and every human rights official and leader in the entire world as well as by the United States Supreme Court itself in Hamdan v. Rumsfeld (2006).

I am not going to bother to recite here all the grievous deficiencies of the Gitmo Kangaroo Courts under International Law and U.S. Constitutional Law. But suffice it to say that the Gitmo Kangaroo Courts constitute war crimes under the Laws of War, the Four Geneva Conventions of 1949, and even the U. S. Army’s own Field Manual 27-10, The Law of Land Warfare (1956). Field Manual 27-10 was drafted for the Pentagon by my Laws of War teacher the late, great Richard R. Baxter, who was generally recognized as the world’s leading expert on that subject, which is precisely why I voluntarily chose to study International Law with him and his long-time collaborator Louis B. Sohn, and not with the bean-counter Vagts. For the entire post-World War II generation of international law students at Harvard Law School, Louis Sohn shall always be our real Bemis Professor of International Law and never the False Pretender to that Throne known as Detlev Vagts.

Since those student days I have personally appeared pro bono publico in five U.S. military courts-martial proceedings involving warfare that were organized in accordance with the Pentagon’s Uniform Code of Military Justice (U.C.M.J.)--which still does not apply to the Gitmo Kangaroo Courts despite the ruling by the U. S. Supreme Court in Hamdan that the U.C.M.J. should be applied in Guantanamo--on behalf of five U. S. military personnel who each acted as matters of courage, integrity, principle, and conscience at great risk to their freedom:

U.S. Marine Corps Corporal Jeff Paterson, the first U.S. military resister to President Bush Sr.’s genocidal war against Iraq; Army Captain Doctor Yolanda Huet-Vaughn, the highest ranking U. S. commissioned officer to be court-martialed for refusing to participate in President Bush Sr.’s genocidal war against Iraq; Captain Lawrence Rockwood, who was court-martialed by the U. S. Army for trying to stop torture in Haiti after the Clinton administration had illegally invaded that country in 1994; Army Staff Sergeant Camilo Mejia, the first U. S. military resister to be court-martialed for refusing to participate in President Bush Jr.’s war of aggression against Iraq; and Army First Lieutenant Ehren Watada, the first U.S. commissioned officer to be court-martialed for his refusal to participate in President Bush Jr.’s war of aggression against Iraq.

As I can attest from my direct personal involvement, each and every one of these five courts-martial under the U.C.M.J. were Stalinist show-trials produced and directed by the Pentagon that predictably and readily degenerated into travesties of justice. These five U.C.M.J. courts-martial involving warfare each proved correct the old adage attributed to Groucho Marx that military justice is to justice as military music is to music. By comparison, the Gitmo Kangaroo Courts will not even be run in accordance with the U.C.M.J. despite the fact that the U.S. Supreme Court ruled in Hamdan that they should be.

Whenever they are up and running the Gitmo Courts will constitute Stalinist Show Trials as well as Kangaroo Courts, and their preliminary proceedings have already proven them to be Travesties of Justice. Even worse yet, fully-functioning Stalinist Gitmo Kangaroo Courts will quickly become conveyor-belts of death for alleged and already tortured terrorist suspects along the lines of the Texas execution chamber operated by George Bush Jr. when he was the “governor” of that state and tortured to death 152 victims by means of lethal injection. Gitmo will become America’s Death Camp. But today under the Four Geneva Conventions of 1949, executing persons detained as a result of armed conflict without a fair trial before a regularly constituted court constitutes a grave war crime. To be sure, under the First Amendment to the United States Constitution Professor Vagts has the freedom to advocate war crimes so long as he does not participate in their commission, or incite them, or aid and abet them.But precisely where is that line to be drawn for law professors?

In this regard, the Harvard Law School Faculty currently has at least five professors who have advocated torture and war crimes:
Vagts himself, who supported abusing the then recently captured President of Iraq Saddam Hussein despite his being publicly acknowledged to be a Prisoner of War by the Bush Jr. administration itself and thus absolutely protected by the Third Geneva Convention of 1949 and the Convention against Torture; the infamous Alan Dershowitz, a self-incriminated war criminal in his own right. Dersh publicly acknowledged being a member of a Mossad Committee for approving the murder and assassination of Palestinians, which violates the Geneva Conventions and is thus a grave war crime; the Neo-Con Con Law non-entity known as Richard Parker;

Another one of my teachers, Waco Phil Heymann. Previously Waco Phil had been Deputy to U.S. Attorney General Janet Reno, the Butcheress of Waco. Reno ordered the Waco Massacre, while Heymann orchestrated its cover-up and thus earned his well-deserved sobriquet of Waco Phil. All those incinerated women and children!

The war criminal Jack Goldsmith who while working as a lawyer for the Bush Jr. administration at both the Pentagon and later its Department of In-Justice did much of the legal spade-work designing, justifying and approving the hideous human rights atrocities that the Bush Jr. administration has inflicted on everyone after 9/11. Goldsmith and his co-felon legal colleague from the Bush Jr. administration Professor John Yoo--now desecrating Berkeley’s Law School where my friend and colleague the late, great Dean Frank Newman had taught Human Rights--are functionally analogous to Nazi Law Professor Carl Schmitt, who justified every hideous atrocity that Hitler and the Nazis inflicted on anyone.

Despite my best efforts to prevent it, the Harvard Law School Faculty and Deans hired the war criminal Goldsmith right out of the Bush Jr. administration knowing full well that he was up to his eyeballs in the Gitmo Kangaroo Courts, torture, war crimes, enforced disappearances, murder, kidnapping, and crimes against humanity, at a minimum. And when Goldsmith’s proverbial “smoking-gun” Department of In-Justice Memorandum was published by the Washington Post, Harvard Law School’s Dean Elena Kagan contemptuously boasted in response about how “proud” she was to have hired this notorious war criminal. Previously Kagan had also publicly bragged that the future of International Legal Studies at Harvard Law School would be in the “good hands” of their resident war criminal Goldsmith. How tragically true! The Neo-Conservative Harvard Law School Faculty and Deans deliberately set out to hire this Neo-Nazi legal architect of the Bush Jr. administration’s bogus and nefarious “war against terrorism” because they fully support it together with all its essential accouterments of torture, kangaroo courts, war crimes, murder, kidnapping, enforced disappearances, crimes against humanity, and Nuremburg crimes against peace.

By contrast, after the terrorist bombing of the Murrah Federal Building by Timothy McVeigh and Terry Nichols in alleged revenge for the Waco Massacre and Cover-up by Janet Reno and Waco Phil Heymann, to the best of my recollection I do not remember that the Neo-Conservative Harvard Law School Faculty and Deans advocated kangaroo courts, torture, war crimes, and racist profiling for America’s White Judeo-Christian Males. Yet after 9/11 the fundamentally White Racist Harvard Law School Faculty and Deans have no problem with inflicting torture, kangaroo courts, war crimes, and racist profiling upon Muslims/Arabs/Asians of Color, which is exactly why they hired the war criminal Goldsmith to teach such criminal practices to their own law students and thus someday turn them into racist U. S. governmental war criminals in their own right. This is because for the most part the Harvard Law School Faculty and Deans have always been viscerally bigoted and racist against Muslims/Arabs/Asians and other People of Color since at least when I first matriculated there in September of 1971.

The Harvard Law School Faculty and Deans are no longer fit to educate Lawyers, Members of the Bar, and Officers of the Court. They are a sick joke and a demented fraud. Groucho Marx would have had a field day with them: Harvard is to Law School as Torture is to Law. The Harvard Law School Faculty and Deans torture the Law. Do not send your children or students to Harvard Law School where they will grow up to become racist war criminals! Harvard Law School is a Neo-Con cesspool.

Francis A. Boyle holds a J.D. Magna Cum Laude (1976) from Harvard Law School, and an A.M. 1978) and Ph.D. (1983) in Political Science from Harvard University. He taught for two years as a Teaching Fellow in the Harvard College, and as also an Associate at Harvard's Center for International Affairs 1976-78). He practiced tax and international tax with the Boston law firm of Bingham, Dana & Gould (1977-78). He joined the Faculty of the University of Illinois College of Law in 1978, where he currently teaches courses on Public International Law, International Human Rights, the Constitutional Law of U.S. Foreign Affairs, and Jurisprudence, having previously taught courses on Criminal Law, International Organizations, World Politics and International Law, and Latinos and the Law. He is the author of eleven books including his latest "Protesting Power:War, Resistance and Law" (Rowman & Littlefield Inc.:2008) and Breaking All The Rules: Palestine, Iraq, Iran and the Case for Impeachment" (Clarity Press: 2008).

He can be reached at: FBOYLE@LAW.UIUC.EDU

Original article posted here.

Monday, June 09, 2008

Criminal conspriacy

Defense lawyer: U.S. urged interrogators to destroy notes

SAN JUAN, Puerto Rico (AP) -- The Pentagon urged interrogators at Guantanamo Bay to destroy handwritten notes in case they were called to testify about potentially harsh treatment of detainees, a military defense lawyer said Sunday.

art.guantanamo.afp.gi.jpg

The sun sets over Camp Justice and its adjacent tent city at Guantanamo Bay Naval Base in Cuba last week.

The lawyer for Toronto-born Omar Khadr, Lt. Cmdr. William Kuebler, said the instructions were included in an operations manual shown to him by prosecutors and suggest the U.S. deliberately thwarted evidence that could help terror suspects defend themselves at trial.

Kuebler said the apparent destruction of evidence prevents him from challenging the reliability of any alleged confessions. He said he will use the document to seek a dismissal of charges against Khadr.

A Pentagon spokesman, Navy Cmdr. Jeffrey Gordon, said he was reviewing the matter Sunday evening.

The "standard operating procedures" manual that contained the purported instructions was made available to Kuebler last week as part of a pretrial review of potential evidence, the Navy lawyer said.

"The mission has legal and political issues that may lead to interrogators being called to testify, keeping the number of documents with interrogation information to a minimum can minimize certain legal issues," the document is quoted as saying in an affidavit signed by Kuebler.

The document could support challenges by other detainees to suppress confessions at Guantanamo, where the U.S. military says it plans to prosecute as many as 80 of roughly 270 detainees before the first U.S. war-crimes tribunals since World War II.

The case against Khadr, who was captured in Afghanistan when he was 15, is on track to be one of the first to trial. He faces war-crimes charges including murder for allegedly throwing a grenade that killed a U.S. Special Forces soldier during a 2002 firefight.

Kuebler said the nature of the interrogations is particularly relevant in Khadr's case because prosecutors are relying on evidence "extracted" from him at Bagram air base in Afghanistan and at Guantanamo.

"If handwritten notes were destroyed in accordance with the SOP, the government intentionally deprived Omar's lawyers of key evidence with which to challenge the reliability of his statements," Kuebler said in an e-mail to reporters.

The operations manual, which dates to January 2003, was attached to a 2005 report on an investigation into detainee abuse allegations at Guantanamo, Kuebler said. A summary of the findings was released at the time, but the defense lawyer said the section including the manual has not been made available publicly.

The so-called Schmidt-Furlow report documented degrading treatment, including one instance of a top terror suspect forced to dance with another man and behave like a dog. But investigators stopped short of saying torture occurred.

Original article posted here
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Thursday, June 05, 2008

9/11 victims' families can't attend Guantanamo Bay show trials, unless you're a Bush myrmidon


9/11 families excluded from Guantanamo hearing


By Jane Sutton

GUANTANAMO BAY U.S. NAVAL BASE, Cuba (Reuters) - As the Guantanamo war crimes court prepared to arraign five prisoners on death penalty charges of orchestrating the September 11 attacks, a Pentagon official apologized on Wednesday for excluding victims' families from the hearing.

The U.S. military quietly invited one woman whose brother was an American Airlines pilot killed in the plane that crashed into the Pentagon in the 2001 attacks.

But the invitation to attend Thursday's arraignment at the Guantanamo Bay naval base in Cuba was rescinded when the New York Daily News revealed that lone invitee Debra Burlingame was an ardent defender of President George W. Bush who spoke in support of his administration at the Republican Party convention during his 2004 re-election campaign.

Relatives of other victims complained that the Guantanamo trials were being politicized and the Pentagon's legal adviser, Brig. Gen. Thomas Hartmann, acknowledged the matter was mishandled.

"Out of good intentions, one of them was invited. It shouldn't have been done that way, it should have been done more comprehensively, more completely, more thoroughly," Hartmann told dozens of journalists who were flown to Guantanamo to observe Thursday's hearing.

"In the future, we will have a lottery system to make sure the victim families have equal access, equal opportunity to come, to visit, to see the hearings, any parts of the hearings that they like ... and we will be consistent in our practices from now on."

Accused September 11 mastermind Khalid Sheikh Mohammed and four other prisoners -- Ali Abdul Aziz Ali, Ramzi Binalshibh, Mustafa Ahmed al-Hawsawi and Walid bin Attash -- are to appear before a judge at the remote naval base for the first time on charges of conspiring with al Qaeda to murder civilians.

19 PRISONERS FACE CHARGES

They are also charged with 2,973 counts of murder, one for each person killed in 2001 when hijacked passenger planes slammed into the World Trade Center, the Pentagon and a Pennsylvania field.

The suspects, who could be executed if convicted, were transferred to Guantanamo in September 2006 after spending about three years in secret CIA prisons.

They are among 19 prisoners now facing charges in the tribunals established after the September 11 attacks to try non-American captives whom the Bush administrations considers unlawful "enemy combatants" not entitled to the legal protections granted to soldiers and civilians.

The tribunals first convened in August 2004 and pretrial hearings have plodded along amid numerous and often successful legal challenges from military defense lawyers who call the process unfair and rigged to convict.

One case was resolved when an Australian prisoner pleaded guilty via negotiations that cut his sentence to nine months in prison, but no case has advanced to trial.

The Pentagon approved charges in May for the five accused September 11 plotters, who are the first Guantanamo prisoners accused of direct involvement in the attacks that launched the Bush administration's war on terrorism.

The military lawyers assigned to defend them have only recently met them and have accused the government of trying to rush the cases to trial in order to influence the November U.S. presidential election.

While no one group can speak for all of the families of those killed, seven women who lost husbands and sons in the attacks echoed those accusations in a letter sent on Wednesday to the Pentagon official overseeing the trials, Susan Crawford.

"We want nothing more than to see that justice is served in the prosecution of suspects," they wrote. "However, we know that no justice will come out of a system that has been compromised by politics and stripped of the rule of law."

Original article posted here.

Wednesday, May 14, 2008

The complete sadism of Bush's criminal regime exposed

Detainees drugged against their will for deportation

RawStory










In day 4 of a Washington Post series, Careless Detention, it is revealed that the United States has injected hundreds of foreigners without their consent with dangerous mind-altering drugs for trips returning them to their home countries, according to government documents, medical records, and interviews with some of the actual people who were drugged.

From the report:

The government's forced use of antipsychotic drugs, in people who have no history of mental illness, includes dozens of cases in which the "pre-flight cocktail," as a document calls it, had such a potent effect that federal guards needed a wheelchair to move the slumped deportee onto an airplane. "Unsteady gait. Fell onto tarmac," says a medical note on the deportation of a 38-year-old woman to Costa Rica in late spring 2005. Another detainee was "dragged down the aisle in handcuffs, semi-comatose," according to an airline crew member's written account. Repeatedly, documents describe immigration guards "taking down" a reluctant deportee to be tranquilized before heading to an airport. In a Chicago holding cell early one evening in February 2006, five guards piled on top of a 49-year-old man who was angry he was going back to Ecuador, according to a nurse's account in his deportation file. As they pinned him down so the nurse could punch a needle through his coveralls into his right buttock, one officer stood over him menacingly and taunted, "Nighty-night." Such episodes are among more than 250 cases The Washington Post has identified in which the government has, without medical reason, given drugs meant to treat serious psychiatric disorders to people it has shipped out of the United States since 2003 -- the year the Bush administration handed the job of deportation to the Department of Homeland Security's new Immigration and Customs Enforcement agency, known as ICE. Involuntary chemical restraint of detainees, unless there is a medical justification, is a violation of some international human rights codes. The practice is banned by several countries where, confidential documents make clear, U.S. escorts have been unable to inject deportees with extra doses of drugs during layovers en route to faraway places. Federal officials have seldom acknowledged publicly that they sedate people for deportation. The few times officials have spoken of the practice, they have understated it, portraying sedation as rare and "an act of last resort." Neither is true, records and interviews indicate.

The most frequently used drugs in the sedation 'cocktail' are haldol, an anti-psychotic medication that "gained notoriety in the Soviet Union, where it was often given to political dissidents imprisoned in psychiatric hospitals." Ativan, used to control anxiety, and Cogentin, a medication that supposedly lessens Haldol's side effects of muscle spasms and rigidity.

The medically recommended dosage for the Haldol alone, from the report:

For aggressive behavior, 0.5 milligrams twice a day to 5 milligrams three times a day, although doses of up to 10 milligrams a day may be used in a hospital emergency room.

This graph illustrates the dosage, and number of detainees given Haldol:

The U.S. made flight layovers during some trips with sedated detainees, and as there are foreign nations that forbid the practice, the report also details some run-ins between flight nurses and foreign officials, which in one instance resulted in a detainee being returned to Atlanta, GA from a layover in France.

The full report by the Washington Post's Amy Goldstein and Dana Priest is available online here.

Original article posted here.

Tuesday, April 22, 2008

Covering up crimes


Torture victim's records lost at Guantánamo, admits camp general.

No evidence of al-Qaida suspect's interrogation
· CCTV automatically recorded over tapes


An interviewee at Guantanamo Bay

A shackled detainee is transported to an interview with US officials at Guantánamo Bay, Cuba. Photograph: Brennan Linsley/AP

The former head of interrogations at Guantánamo Bay found that records of an al-Qaida suspect tortured at the prison camp were mysteriously lost by the US military, according to a new book by one of Britain's top human rights lawyers.

Retired general Michael Dunlavey, who supervised Guantánamo for eight months in 2002, tried to locate records on Mohammed al-Qahtani, accused by the US of plotting the 9/11 attacks, but found they had disappeared.

The records on al-Qahtani, who was interrogated for 48 days - "were backed up ... after I left, there was a snafu and all was lost", Dunlavey told Philippe Sands QC, who reports the conversation in his book Torture Team, previewed last week by the Guardian. Snafu stands for Situation Normal: All Fucked Up.

Saudi-born al-Qahtani was sexually taunted, forced to perform dog tricks and given enemas at Guantánamo.

The CIA admitted last year that it destroyed videotapes of al-Qaida suspects being interrogated at a secret "black site" in Thailand. No proof has so far emerged that tapes of interrogations at Guantánamo were destroyed, but Sands' report suggests the US may have also buried politically sensitive proof relating to abuse by interrogators at the prison camp.

Other new evidence has also emerged in the last month that raises questions about destroyed tapes at Guantánamo.

Cameras that run 24 hours a day at the prison were set to automatically record over their contents, the US military admitted in court papers. It is unclear how much, if any, prisoner mistreatment was on the taped-over video, but the military admitted that the automatic erasure "likely destroyed" potential evidence in at least one prisoner's case.

The erased tapes may have violated a 2005 court order to preserve "all evidence [of] the torture, mistreatment and abuse of detainees" at Guantánamo. The order was retroactive, so it also applies to the 2003 loss of al-Qahtani's records.

Lawyers representing other Guantánamo detainees are asking whether tapes of their clients' treatment may also be erased. "You can't just destroy relevant evidence," said Jonathan Hafetz, of the Brennan Centre for Justice in New York.

David H Remes, a lawyer for 16 Guantánamo prisoners, said the CIA's destruction of interrogation videos shows the US government is capable of getting rid of potentially incriminating evidence.

"[In Guantánamo] the government had a system that automatically overwrote records," Remes told the Guardian. "That is a passive form of evidence destruction. If a party has destroyed evidence in one place, there's no reason to assume it has preserved evidence in another place."

More than 24,000 interrogations were videotaped at Guantánamo, according to a US army report unearthed by researchers at Seton Hall University in New Jersey.

The US military office at Guantánamo did not return a request for comment from the Guardian about its taping policies.

Original article posted here.