Archive for the ‘crime’ Category

Israel must end indiscriminate blockade

June 27, 2009

Morning Star Online, Friday 26 June 2009

Anti-poverty agency ActionAid has called on Tel Aviv to lift its two-year blockade of the Gaza Strip, hours before a tunnel used to smuggle goods from Egypt collapsed, killing a Palestinian.

Even school books and children’s plastic toys are banned from entering Gaza by Israel, as well as essential supplies needed for relief and rehabilitation such as fuel and building materials.

As a result, Palestinians are forced to literally go underground to ferry in supplies.

Gaza emergency services official Mouawiya Hassanein said that five other people had been injured in the collapse.

On the eve of the six-month anniversary of the Israeli bombardment, ActionAid Gaza programme manager Richard Sandison said: “Israel’s blockade is indiscriminate and is affecting the entire 1.5 million-strong population of Gaza. Ordinary women, children and the elderly are the main victims.

Mr Sandison went on to observe that: “schools are lying damaged or destroyed and cannot be rebuilt because we do not have the materials needed for construction.”

The Farah Bombing: Airstrike Report Belies “Blame Taliban” Line

June 26, 2009

By Gareth Porter | Counterpunch, June 26 – 28, 2009

The version of the official military investigation into the disastrous May 4 airstrike in Farah province made public last week by the Central Command was carefully edited to save the U.S. command in Afghanistan the embarrassment of having to admit that earlier claims blaming the massive civilian deaths on the “Taliban” were fraudulent.

By covering up the most damaging facts surrounding the incident, the rewritten public version of the report succeeded in avoiding media stories on the contradiction between the report and the previous arguments made by the U.S. command.

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Obama and the Torturers

June 25, 2009

Celebrate Torture Day by Punishing the Torturers

By James Bovard | Counterpunch, June 25, 2009

Since 1997, every June 26 has been formally recognized as the International Day of Support for Victims of Torture. Political leaders around the globe take the occasion to proclaim their opposition to barbarism.

On June 26, 2003, President George W. Bush proudly declared“The United States is committed to the worldwide elimination of torture, and we are leading this fight by example. I call on all governments to join with the United States and the community of law-abiding nations in prohibiting, investigating, and prosecuting all acts of torture and in undertaking to prevent other cruel and unusual punishment.”

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Politkovskaya case retrial ordered

June 25, 2009
Al Jazeera, June 25, 2009

Three men have been accused of helping to organise the 2006 killing of Anna Politkovskaya [AFP]

Russia’s supreme court has ordered a retrial of three men cleared of being involved in the murder of prominent journalist Anna Politkovskaya in 2006.

Dzhabrail and Ibragim Makhmudov, two brothers from Chechnya, and Sergei Khadzhikurbanov, a former police officer, had been found not guilty in February by a Moscow court, but the supreme court overturned the verdict on Thursday.

“The supreme court has annulled the innocent verdict on the case of the murder of Anna Politkovskaya. The case will be examined again with new jurors,” Pavel Odintsov, the supreme court spokesman, said.

The three men had been accused of helping organise and arrange Politkovskaya’s contract-style killing.

Politkovskaya, who wrote books and articles that fiercely criticised Vladimir Putin, the then Russian president, was shot dead in her central Moscow apartment building in October three years ago.

Many of her colleagues have suggested her murder was linked to her investigative reporting of abuses committed by Russian troops as they battled separatists in the republic of Chechnya.

Anna Stavitskaya, a lawyer for the Politkovskaya family, said they did not support the annulment of the verdicts.

“They were completely in agreement with the acquittal verdicts, we did not regret this and we think there is no foundation for their  annulment,” she told the RIA Novosti news agency.

Al Jazeera’s Neave Barker, reporting from Moscow, said there have been a number of serious questions raised about how the investigation into the murder has been conducted.

“The case was heavily criticised, not only by friends and colleagues of the murdered journalist, but by political figures as well,” he said.

“They say that the case not only failed to bring the actual killer to justice, the person who pulled the trigger has never been found, nor has the person who ordered the killing been found.

“During the investigation itself, vital evidence reportedly went missing, including mobile and sim card information, computer disks and photographs, and the footage of the assassin actually entering Politkovskaya’s apartment.”

The ruins of Gaza

June 22, 2009

Laura Durkay describes what she witnessed as part of a Code Pink delegation that visited Gaza earlier in June.

Socialist Worker, June 22, 2009

The American School in Gaza was destroyed during Israel's onslaught (Laura Durkay | SW)The American School in Gaza was destroyed during Israel’s onslaught (Laura Durkay | SW)

“PEOPLE ARE being kept alive.” It was one of the first things that John Ging, the director of the United Nations Relief and Works Agency (UNRWA) in Gaza told us.

It’s a pretty accurate description of the conditions in Gaza, four months after the end of Israel’s Operation Cast Lead, which left 1,400 dead, over 5,000 wounded and at least 40,000 homeless. People are being kept alive–and that’s about all.

Four months after the ceasefire, not a brick has been rebuilt in Gaza. Thousands of buildings–from the Palestinian parliament building (heavily damaged) and presidential residence (obliterated), to the Islamic University, the American School, Al Quds Hospital (hit with white phosphorus) and thousands of homes, shops, factories and police stations–stand exactly as they were on January 18, the last day of the war.

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Torture: America’s policy, Europe’s shame

June 18, 2009

Jan Egeland, Mariano Aguirre| openDemocracy, June 17, 2009

The degrading treatment meted out to prisoners of the United States-led “war on terror” over seven years has yet to be subject to proper legal scrutiny and accountability. But the responsibility is Europe’s too, say Jan Egeland & Mariano Aguirre.

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In the very heart of the western world, Europe’s major ally has tortured prisoners to death – in an operation that we Europeans too were involved in. The fourteen “techniques” authorised by the George W Bush administration include semi-drowning (“waterboarding’), confinement in cramped and dark boxes, psychological torture and deprivation of sleep for up to eleven days and nights (see  Mark Danner, US Torture: Voices from the Black Sites” [New York Review of Books, 9 April & 30 April 2009]).

An undefined number of prisoners have died or committed suicide as a result of mistreatment in interrogation chambers run by the United States and its allies (the last one was a Yemeni in Guantánamo). It may be recalled that Japanese military jailors who employed these techniques during the second world war were adjudged war criminals by the US’s own military-legal experts.

This, to emphasise the point, is not about the despicable actions of some far-away dictator, nor the atrocities committed by Nazis and communists in Europe in the years of totalitarianism and genocide. No, these acts were part of a larger operation involving our own western, liberal democracies. Europeans  were there – with troops, intelligence, logistics and funding – taking part in the “war on terror” that formed the backdrop to these war crimes. After the US secret services had been authorised to mistreat prisoners held in American custody, the CIA was allowed to undertake its “extraordinary renditions”: more than 1,000 flights, often with unnamed prisoners  (“unlawful combatants”) in a wide arc across European airspace – from Norway to Romania. Several countries (including Jordan and, again, Romania) granted permission for these prisoners to be interrogated and mistreated in local, US-administered prison camps.

In 2007, a majority of elected representative in the European parliament accused the governments of Europe of having concealed the details of what had happened in these cases. In fact, several countries did more than clandestinely transport and keep prisoners; they also delivered some of their own prisoners into the hands of the CIA. The transfer by the Swedish police in December 2001 of two Egyptian nationals, Ahmed Agiza and Mohammed El Zary – who later vanished into Egypt’s prison-camp system where torture flourishes – is but one example. Reports from both the European parliament and the Council of Europe have found that Europeans have accepted the perpetration of severe abuses in our own backyards that we were and are quick to condemn anywhere else.

When defenceless prisoners – some of them hardcore terrorists, others quite innocent men – were being beaten and humiliated by United States soldiers at Bagram air- base in Kabul, Europeans were close by: every day, our military and civilian forces in Afghanistan would drive past.

When the inner circles around President Bush were planning the torture – how to legitimise, explain and implement it in a network of prisons (some secret, others not) in Europe, the middle east and elsewhere – Europeans remained silent and loyal contributors to the “war against terror” in Afghanistan.

When clever American legal experts were arguing that the principles of international humanitarian law – the Geneva conventions, United Nations conventions, and of habeas corpus –were not applicable in this case of “our battle” against “our enemies”, Europe’s own parliamentarians and NGOS were urging international legal action against some leaders in the global south on the grounds that they had broken the very same principles.

The dark side

How could it be that these years of torture could unfold under Europeans’ very noses, in flagrant contradiction of our national constitutions, our penal codes, our international legal commitments – all without hearings being organised and investigative commissions appointed? Where were our legal experts, our auditors and our journalists? And where were we, the researchers and commentators who have written this? With the exception of rare voices in a few media and human-rights organisations, and a couple of politicians that denounced what had happened, Europe kept silent.

There are no excuses. What was being conceived, planned and perpetrated was hardly a secret, even before the New Yorker and other media published detailed descriptions of these war crimes and the deceit involved (see, for example, Jane Mayer, Outsourcing torture“, New Yorker, 14 February 2005), .After all, only days after the terrorist attacks of 11 September 2001, Dick Cheney admitted that the US chief executive was willing to make the “war against terror” an ugly, dirty affair: in a primetime national broadcast, the US vice-president  announced that the secret services would be authorised to go over to the “dark side” (see Jane Mayer, The Dark Side [Vintage/Anchor, 2009]).

Such attitudes began around the same time to infect popular and even intellectual culture. The US television industry broadcast (from November 2001) the well-engineered TV drama series 24, about a federal agent who could not always afford to play by the rules. In episode after episode, the popular series indulged the lie that the torture of suspects was necessary in order to save the lives of innocents. The academic and pundit Michael Ignatieff– then director of the Carr Centre for Human Rights Policy at Harvard University, now the head of Canada’s main opposition party and the country’s likely next prime minister – was only the most high-profile of several intellectual who began to argue that torture is terrible but could in some circumstances be morally and politically justified (see Mariano Aguirre, “Exporting democracy, revising torture: the complex missions of Michael Ignatieff“, 15 July 2005).

So it was that the Bush-Cheney cabal could demolish the legacy of George Washington and Abraham Lincoln.  The United States’s first president banned all maltreatment of English prisoners during the during the war of independence (1775-83), forbidding his troops to “imitate the brutality of the British”. Its sixteenth president followed the same principle during the American civil war (1861-65). Both respected here the US’s declaration of independence (1776), based as it was and is on the prohibition of abuse of power, arbitrary arrest and torture.

The next step

Many political, military and administrative leaders were involved in the planning and execution of the “war on terror”; none has had to face legal prosecution for what went on in Guantánamo, Abu Ghraib, Bagram and other sites of documented torture. Almost without exception, it is low-level operatives who have faced prosecution, even though their crimes were committed under a system that was organised in and controlled from the topmost echelons of power in the White House, the CIA and the Pentagon (see Philip Gourevitch & Errol Morris, The Ballad of Abu Ghraib [Penguin, 2008]).

President Barack Obama – whose election by US citizens in 2008 is a turning-pointin this story – declared his intention to close for ever this dark chapter in the history of the United States. For that to happen, he must ensure that the legal process focuses on those who bear political and administrative responsibility. Chile and Argentina are among the countries which investigated and prosecuted those who had  ordered torture – so why not the United States? In addition, it is clear that the Guantánamo prison-camp must be shut down; but military tribunals that fail to comply with international standards of jurisprudence should also be closed.

The first decade of the 21st century has witnessed the abuse and neglect of the highest principles of leadership nurtured by western civilisation over centuries. In this light, it is wrong to see the actions of Bush, Cheney, Donald Rumsfeld and their coterie in isolation (see Philippe Sands, Lawless World: Making and Breaking Global Rules [ Penguin, 2006]). For this is also a tale of colossal hypocrisy and worse on the part of Europe, in accepting and being complicit in depredations that violate its own deepest values.

The experience was allowed to unfold year by grim year. During this long  period, the European allies of the US – aware of the absence of legal protection for those nameless prisoners being transported for interrogation and torture at destinations known and unknown – appear to have done very little. Why?

What will be the next steps in bringing to justice those responsible? Thomas Hammarberg, commissioner for human rights at the Council of Europe, has called on the council’s forty-seven member-states to provide the complete facts on what actually took place from 2001 to 2008, so that the guilty may be held to account. It cannot happen soon enough. For until it does, the enormous damage Europe has inflicted in these terrible years – not least on itself – can never be repaired.

This article was translated from Norwegian by Susan Høivik


CIA Fights Full Release of Detainee Report

June 18, 2009

White House Urged to Maintain Secrecy

by R. Jeffrey Smith and Joby Warrick | The Washington Post, June 17, 2009

The CIA is pushing the Obama administration to maintain the secrecy of significant portions of a comprehensive internal account of the agency’s interrogation program, according to two intelligence officials.

The officials say the CIA is urging the suppression of passages describing in graphic detail how the agency handled its detainees, arguing that the material could damage ongoing counterterrorism operations by laying bare sensitive intelligence procedures and methods.

The May 2004 report, prepared by the CIA’s inspector general, is the most definitive official account to date of the agency’s interrogation system. A heavily redacted version, consisting of a dozen or so paragraphs separated by heavy black boxes and lists of missing pages, was released in May 2008 in response to a Freedom of Information Act lawsuit by the American Civil Liberties Union.

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Tony Blair knew of secret policy on terror interrogations

June 18, 2009

Letter reveals former PM was aware of guidance to UK agents

Ian Cobain , The Guardian/UK, Thursday 18 June 2009

Tony Blair was aware of the ­existence of a secret interrogation policy which ­effectively led to British citizens, and others, being ­tortured during ­counter-terrorism investigations, the Guardian can reveal.

The policy, devised in the aftermath of the September 11 attacks, offered ­guidance to MI5 and MI6 officers ­questioning detainees in Afghanistan whom they knew were being mistreated by the US military.

British intelligence officers were given written instructions that they could not “be seen to condone” torture and that they must not “engage in any activity yourself that involves inhumane or degrading treatment of prisoners”.

But they were also told they were not under any obligation to intervene to prevent detainees from being mistreated.

“Given that they are not within our ­custody or control, the law does not require you to intervene to prevent this,” the policy said.

The policy almost certainly breaches international human rights law, according to Philippe Sands QC, one of the world’s leading experts in the field, because it takes no account of Britain’s obligations to avoid complicity in torture under the UN convention against torture. Despite this, the secret policy went on to underpin British intelligence’s ­relationships with a number of foreign intelligence agencies which had become the UK’s allies in the “war against terror”.

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Detainee says he gave false story after harsh interrogation

June 17, 2009

Suspected Sept. 11 organizer Khalid Sheikh Mohammed told U.S. military officials he gave false information to the CIA even after undergoing…

By Julian E. Barnes and Greg Miller |  The Seattle Times, June 16, 2009

Tribune Washington Bureau

Sept. 11 suspect Khalid Sheikh Mohammed

Sept. 11 suspect Khalid Sheikh Mohammed

WASHINGTON — Suspected Sept. 11 organizer Khalid Sheikh Mohammed told U.S. military officials he gave false information to the CIA even after undergoing punishing bouts of interrogation, according to documents made public Monday, a claim likely to intensify the debate over the Bush administration’s use of harsh techniques to gain information from terrorism suspects.

Mohammed made the assertion during hearings held at Guantánamo Bay, Cuba, where the militant leader was transferred in 2006 after being held at secret CIA sites since his capture in 2003.

“I make up stories,” Mohammed said, describing in broken English an interrogation likely administered by the CIA concerning the location of al-Qaida chief Osama bin Laden.

“Where is he? I don’t know. Then, he torture me,” Mohammed said. “Then I said, ‘Yes, he is in this area.’ ”

The admission could amplify calls for the Obama administration to make public more information about the abuse of detainees or to allow a broader inquiry into the Bush administration’s interrogation policies. Monday’s disclosure, representing the first allegation by a detainee that he lied while being subjected to harsh practices, also could raise more questions about the effectiveness of the techniques.

The transcripts were released as part of a lawsuit in which the American Civil Liberties Union is seeking documents and details of the government’s terrorism-detainee programs.

Previous accounts of the military tribunal hearings had been made public, but the Obama administration reviewed the still-secret sections and determined that more could be released.

Most of the new material centers on the detainees’ claims of abuse during interrogations while being held overseas in CIA custody.

One detainee, Abu Zubaydah, told the tribunal that after months “of suffering and torture, physically and mentally, they did not care about my injuries.”

Zubaydah was the first detainee subjected to Bush administration-approved harsh interrogation techniques, which included a simulated form of drowning known as waterboarding, slamming the suspect into walls and prolonged periods of nudity.

Zubaydah claimed in the hearing that he “nearly died four times.”

Agent Orange Continues to Poison Vietnam

June 16, 2009

by Marjorie Cohn | CommonDreams.org, June 14, 2009

From 1961 to 1971, the U.S. military sprayed Vietnam with Agent Orange, which contained large quantities of Dioxin, in order to defoliate the trees for military objectives. Dioxin is one of the most dangerous chemicals known to man. It has been recognized by the World Health Organization as a carcinogen (causes cancer) and by the American Academy of Medicine as a teratogen (causes birth defects).

Between 2.5 and 4.8 million people were exposed to Agent Orange. 1.4 billion hectares of land and forest – approximately 12 percent of the land area of Vietnam – were sprayed.

The Vietnamese who were exposed to the chemical have suffered from cancer, liver damage, pulmonary and heart diseases, defects to reproductive capacity, and skin and nervous disorders. Children and grandchildren of those exposed have severe physical deformities, mental and physical disabilities, diseases, and shortened life spans. The forests and jungles in large parts of southern Vietnam have been devastated and denuded. They may never grow back and if they do, it will take 50 to 200 years to regenerate. Animals that inhabited the forests and jungles have become extinct, disrupting the communities that depended on them. The rivers and underground water in some areas have also been contaminated. Erosion and desertification will change the environment, contributing to the warming of the planet and dislocation of crop and animal life.

The U.S. government and the chemical companies knew that Agent Orange, when produced rapidly at high temperatures, would contain large quantities of Dioxin. Nevertheless, the chemical companies continued to produce it in this manner. The U.S. government and the chemical companies also knew that the Bionetics Study, commissioned by the government in 1963, showed that even low levels of Dioxin produced significant deformities in unborn offspring of laboratory animals. But they suppressed that study and continued to spray Vietnam with Agent Orange. It wasn’t until the study was leaked in 1969 that the spraying of Agent Orange was discontinued.

U.S. soldiers who served in Vietnam have experienced similar illnesses. After they sued the chemical companies, including Dow and Monsanto, that manufactured and sold Agent Orange to the government, the case settled out of court for $180 million which gave few plaintiffs more than a few thousand dollars each. Later the U.S. veterans won a legislative victory for compensation for exposure to Agent Orange. They receive $1.52 billion per year in benefits.

But when the Vietnamese victims of Agent Orange sued the chemical companies in federal court, U.S. District Judge Jack Weinstein dismissed the lawsuit, concluding that Agent Orange did not constitute a poison weapon prohibited by the Hague Convention of 1907. Weinstein had reportedly told the chemical companies when they settled the U.S. veterans’ suit that their liability was over and he was making good on his promise. His dismissal was affirmed by the Second Circuit Court of Appeals and the Supreme Court refused to hear the case. The chemical companies admitted in their filing in the Supreme Court that the harm alleged by the victims was foreseeable although not intended. How can something that is foreseeable be unintended?

On May 15 and 16 of this year, the International Peoples’ Tribunal of Conscience in Support of the Vietnamese Victims of Agent Orange convened in Paris and heard testimony from 27 victims, witnesses and scientific experts. Seven people from three continents served as judges of the Tribunal, which was sponsored by the International Association of Democratic Lawyers (IADL).

Testimony given by the witnesses showed the following:

Mai Giang Vu, a member of the Army of South Vietnam, carried barrels of the chemicals on his back. His two sons could not walk or function normally, their limbs gradually “curled up” and they could only crawl. They died at the ages of 23 and 25.

Pham The Minh, whose parents also served in the South Vietnamese Army, showed the Tribunal his severely deformed, crooked, skinny legs; he has great difficulty walking, as well as digestive and pulmonary diseases.

To Nga Tran is a French Vietnamese who worked as a journalist during the spraying. Her daughter weighed 6.6 pounds at the age of three months. Her skin began shredding and she could not bear to have skin contact or simple demonstrations of love. She died at 17 months, weighing 6.6 pounds. Ms. To described a woman who gave birth to a “ball” with no human form. Many children are born without brains; others make inhuman sounds.

Rosemarie Hohn Mizo is the widow of George Mizo, who served in the U.S. Army in Vietnam in 1967. He slept on contaminated ground and consumed food and drink that were also contaminated. George refused to serve after he was wounded for the third time; he was court-martialed and sentenced to 2-1/2 years in prison and a dishonorable discharge. George helped found the Friendship Village where Vietnamese victims live in a supportive environment. He died from conditions related to his exposure to Agent Orange.

Georges Doussin, co-founder of the Friendship Village, visited a dormitory where he saw 50 highly deformed “monsters,” who produced inhuman sounds. One man whose parent had been exposed to Agent Orange had four toes on each foot. Doussin said Agent Orange creates “total anarchy in evolution.”

Dr. Nguyen Thi Ngoc Phuong, from Tu Du Hospital in Ho Chi Minh City (Saigon), sees many children born without arms and/or legs, without heads or faces, and without a brain chamber. According to the World Health Organization, only 1 – 4 parts per trillion (PPT) of Dioxin in breast milk can cause severe deformities in fetuses and even death. But up to 1450 PPT are found in maternal milk in Vietnam.

Dr. Jeanne Stellman, who wrote the seminal article about Agent Orange in the magazine Nature, testified that “this is the largest unstudied environmental disaster in the world (except for natural disasters).”

Dr. Jean Grassman, from Brooklyn College at City University of New York, testified that Dioxin is a potent cellular disregulator which alters a variety of pathways to disrupt many systems. Children, she said, are very sensitive to Dioxin; the intrauterine or post natal exposure to Dioxin may result in altered immune, neurobehavioral, and hormonal functioning. Women pass their exposure to their children both in utero and through the excretion of Dioxin in breast milk.

Many ecosystems have been destroyed and Dioxin continues to poison Vietnam, especially in the several “hot spots.”

Chemist Dr. Pierre Vermeulin testified that it was estimated that $1 billion would be required to restore one hectare of land in Vietnam. The cost of caring for the victims, many of whom need 24-hour care, is enormous.

In 1973, President Richard Nixon promised $3.25 billion in reconstruction aid to Vietnam “without any preconditions.” That aid was never granted.

There are only 11 Friendship Villages in Vietnam; 1000 are needed to care for the child victims of Agent Orange.

Last week, the Bureau of the IADL, meeting in Hanoi, presented President Nguyen Minh Triet of the Socialist Republic of Vietnam with the final decision of the Tribunal. The judges found the U.S. government and the chemical companies guilty of war crimes, crimes against humanity, and ecocide during the illegal U.S. war of aggression in Vietnam. We recommended that the Agent Orange Commission be established in Vietnam to assess the damages suffered by the people and destruction of the environment, and that the U.S. government and the chemical companies provide compensation for the damage and destruction.

I told the President that it always struck me that even as U.S. bombs were dropping on the people of Vietnam, they always distinguished between the American government and the American people. The President responded, “We fought the forces of aggression but we always reserved our love for the people of America . . . because we knew they always supported us.”

An estimated 3 million Vietnamese people were killed in the war, which also claimed 58,000 American lives. For many other Vietnamese and U.S. veterans and their families, the war continues to take its toll.

Several treaties the United States has ratified require an effective remedy for violations of human rights. It is time to make good on Nixon’s promise and remedy the terrible wrong the U.S. government perpetrated on the people of Vietnam. Congress must pass legislation to compensate the Vietnamese victims of Agent Orange as it did for the U.S. Vietnam veteran victims.

Our government must know that it cannot continue to use weapons that target and harm civilians. Indeed, the U.S. military is using depleted uranium in Iraq and Afghanistan, which will poison those countries for incalculable decades.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd). Her articles are archived at www.marjoriecohn.com