By William Fisher | Inter Press Service
NEW YORK, Apr 29 (IPS) – A coalition of 19 human rights, faith-based and justice organisations is calling on President Barack Obama to investigate torture they charge was sanctioned by the administration of former President George W. Bush.
The group, led by the National Religious Campaign Against Torture (NRCAT), is proposing both a special prosecutor and an “independent, non-partisan commission to examine and report publicly on torture and cruel, inhuman and degrading treatment of detainees in the period since September 11, 2001.”
The campaign’s call for accountability comes just days after the release of the Senate Armed Services Committee report on interrogation and torture and the Justice Department legal memos sanctioning torture and inhumane treatment.
Rev. Richard Killmer, executive director of the National Religious Campaign Against Torture, told IPS, “NRCAT supports both the establishment of an independent, non-partisan commission of inquiry to investigate the use of torture and a Department of Justice investigation for criminal culpability of those who authorised or carried out acts of torture. Each process is important and can be pursued independently.”
He added, “A commission will help us understand how the illegal interrogation policies came into effect and how they were implemented so that we can ensure that safeguards are in place to prevent future administrations from following the same path.”
“A criminal investigation will send the clear message that government officials cannot violate laws against torture without facing serious criminal sanctions. If we hope to end the practice of torture by agents of the United States once and for all, we must pursue both avenues.”
The coalition proposes a commission, “comparable in stature to the 9/11 commission,” to “look into the facts and circumstances of such abuses, report on lessons learned and recommend measures that would prevent any future abuses.”
The group’s online petition says that a commission is “necessary to reaffirm America’s commitment to the Constitution, international treaty obligations and human rights. The report issued by the commission will strengthen U.S. national security and help to re-establish America’s standing in the world.”
Organisations endorsing the effort include Amnesty International USA, the Constitution Project, Human Rights First, Human Rights Watch, the Open Society Institute, and Physicians for Human Rights.
NRCAT and its partner organisations say they have “worked together to end U.S.-sponsored torture. During 2008, the religious community advocated for a Presidential Executive Order ending torture. It happened. On January 22, President Obama issued an Executive Order halting torture.”
The coalition says the task now is “to make sure that U.S.-sponsored torture never happens again. To accomplish this goal, our nation needs to put safeguards in place to prevent its recurrence. We will better understand what safeguards are needed if we have a comprehensive understanding of what happened – who was tortured, why they were tortured, and who ordered the torture. As a nation we need the answers to those questions.”
In a letter to Attorney General Eric Holder, the coalition also urges the appointment of a special counsel to investigate criminal acts relating to the confinement and interrogation of detainees since Sep. 11, 2001.
The letter notes that excerpts of a recently released report from the International Committee of the Red Cross (ICRC) concluded that detainees “had been subjected to torture – a crime under both domestic and international law.”
It says, “The ICRC report, which describes conduct of shocking brutality, shows that a limited investigation is simply insufficient in this case. Government officials, from the lowest CIA officer, to the highest levels of the Executive Branch may be criminally culpable for the use of torture.”
“Because such an investigation will include a review of the conduct of very top officials of the previous administration, and because the appearance of absolute impartiality in determining whether and whom to prosecute is critical to the public’s support and understanding of such prosecutions and the laws at issue, we believe it is both wise and necessary for you to refer this investigation to a Special Counsel.”
NRCAT twice asked former Attorney General Michael Mukasey to appoint a special counsel to investigate both the destruction of the CIA videotapes that documented the use of “harsh” interrogation techniques against suspected terrorists and whether such techniques violated U.S. and international law.
“While an investigation was initiated into the destruction of the tapes, the investigator, John Durham, was not given the independent status of Special Counsel. Further, Attorney Durham’s investigation was limited to the destruction of the tapes; he apparently does not have the authority to investigate the lawfulness of the interrogation conduct depicted on said tapes,” the group said.
“A full, independent and public investigation into possible violations of U.S. law by high-ranking government officials in the use of ‘enhanced interrogation techniques’ is necessary.”
“The American people need to know how detainees have been treated in Iraq, Afghanistan, Guantánamo and elsewhere around the world. And they need to know that every measure has been taken to ensure that no violations of U.S. law with respect to torture and ‘cruel, inhuman and degrading treatment’ will be permitted in the future. An independent investigation is a necessary part of achieving this goal,” the group said.

Senate Judiciary Chairman Patrick Leahy (D-VT) plans to proceed with a special commission to investigate alleged Bush administration abuses of power, despite lacking President Barack Obama’s support, according to a report Tuesday.




The Bloodbath in Sri Lanka
April 28, 2009Why Battering the Tamil Tigers Won’t Bring Peace
By MITU SENGUPTA | Counterpunch, April 28, 2009
Over the course of a long and brutal war with Sri Lanka’s armed forces, the Liberation Tigers of Tamil Eelam (the LTTE) emerged as one of the world’s most formidable insurgent groups. Besides engaging the Sri Lankan government in a bloody battle for more than 25 years, the LTTE (or, more informally, the ‘Tamil Tigers’) managed to seize substantial chunks of government territory, and operated these as a quasi-state for well over a decade. Today, however, the mighty Tigers are on the verge of total military defeat. Will their demise bring peace to Sri Lanka?
Unsurprisingly, the LTTE’s hammering has come at an enormous price. Since its beginnings in the early 1980s, the war has claimed more than 70,000 lives, rendered some half a million Tamils refugees in their own country, and driven an equal number out of Sri Lanka. The last six months of fighting have been particularly intense, with the Sri Lankan government at its most aggressive in decades. Reports from the United Nations, Red Cross and several other reputed humanitarian organizations indicate that the country is on the brink of a colossal humanitarian disaster. Some 6,500 civilians have been killed since January, and another 100,000 are caught – facing carnage, and without adequate food, shelter and medicine – in the crossfire between the Tigers and government forces. An additional 40,000 or so that have fled the war zone are being held in military-run camps, where conditions, according to the most recent reports, are similar to those in Nazi-run concentration camps (journalists and humanitarian workers have been banned from these camps for over a month).
Led by the United Nations, concerned voices in the international community have repeatedly pleaded for a halt to the fighting, or even a ceasefire of a reasonable length, in which more civilians may be moved to safety, and aid workers allowed access to the sick and wounded. Determined to run the Tigers to the ground, however, the Sri Lankan President, Mahinda Rajapaksa, has remained undeterred, apparently confident that a full purging of the LTTE – now perhaps only days away – will have been worth the carnage and dislocation, and the palpable damage to his country’s international reputation. Rajapaksa evidently believes that a Sri Lanka free of the Tigers will be a Sri Lanka whither all good things will come.
Over the years, the LTTE has earned the reputation of being a ruthless organization; one that turns children into hardened soldiers; that has perfected suicide bombing as a tactic; that relies on extortion and smuggling for funding, and that has zero tolerance for critics and competitors. While there are no reliable measures of the extent of support for the LTTE among Tamils in Sri Lanka, or within the vast diaspora, Tamil human rights activists both inside and outside the country have spoken out against the LTTE’s cruel ways, totalitarian structure, and uncompromising, maximalist demands. The LTTE has duly assassinated many of these detractors. Indeed, given all of this, it is tempting to presume that Sri Lanka will be infinitely better off without the LTTE, and that its elimination will necessarily steer the country towards order, stability and reconciliation. But though appealing, this conclusion ultimately rests on a wrongheaded view of the Tigers’ role in the conflict. The LTTE is the product, not the cause, of Sri Lanka’s deadly politics.
To begin with, the conflict, if not the war, predates the LTTE by a few generations. Its origins may be traced to the effects of the nefarious “divide and rule” policies devised by British colonial administrators to govern Sri Lanka (then Ceylon) in the nineteenth and early twentieth centuries. The British used the island’s Tamil minority to keep its Sinhalese majority in check, and in return, gave Tamils the best government jobs and the benefit of English education. With independence in 1948, however, the Tamils were deprived of their patrons, and found themselves outnumbered and marginalized inside the new Sri Lanka’s unitary state and majoritarian institutional framework. With the Tamils rendered politically irrelevant, short-sighted politicians competed with each other for the Sinhalese vote, and soon discovered that the political party with the stronger anti-minority stance was almost always guaranteed electoral success.
Such “ethnic outbidding,” as scholars have characterized the dreadful process, led to the rise of a ferocious Sinhala nationalism that demanded revenge for the Tamils’ supremacy during the colonial period, along with a revival of Sinhala language and culture. It saw Sri Lanka as for the Sinhalese alone, and insisted that the Tamil minority submit to its second-class position or, better still, simply leave the island. In the first few decades following independence, Sri Lanka’s Tamils were systematically stripped of their erstwhile social and economic privileges, with the demotion of their language (Tamil) to secondary status, and the imposition of strict quotas that shrank their employment and educational opportunities. Sinhalese farmers were encouraged to settle in and around the island’s north-east, in an obvious attempt to reduce the concentration of Tamils in these areas.
Initially, the Tamils attempted to resist these changes through democratic means, forming political parties that pressed for federalism and various minority guarantees. While many sensible Sinhalese politicians warmed to such appeals, the forces of majoritarianism always seemed to triumph. Any government seen as making too many concessions to the Tamils was swiftly pulled down, a disheartening ritual that eventually left most Tamils alienated, and the Tamil parties largely discredited. By the late 1970s, the conflict had taken a violent turn, with the surfacing of several militant outfits, including the LTTE, which called for armed struggle and secession – the creation of a Tamil ‘homeland’ (‘eelam’) out of the Tamil majority areas in Sri Lanka’s north-east. The LTTE proved the strongest of these militant groups, and, out-powering its rivals, became locked in bitter conflict with the Sri Lankan state.
As an insurgent force, the LTTE has been remarkably successful. By the early 2000s, it had captured much of the north and east, and was governing these territories as though they were already a separate state (the LTTE provided schools, postal services, and even rudimentary hospitals). The LTTE brought forth a harsh and authoritarian regime, but one that was, perhaps, an inevitable response to the harsh and authoritarian regime that the Sri Lankan government had become. Human Rights Watch has characterized the Sri Lankan government as one of the world’s worst perpetrators of enforced disappearances. Indeed, in many ways, the LTTE and the Sri Lankan state have been reflections of each other’s total lack of generosity. Both have squandered numerous opportunities for peace, though it is unlikely that the Sri Lankan government would have agreed to negotiate at all – as it did in 2003, following a ceasefire – had it faced a lesser organization than the Tigers. The annihilation of the LTTE will mean that only one of the two fearsome, unbending contenders in the country’s long and bloody war will have left the arena and, that too, probably not for good. Far from being a recipe for peace, this will probably ignite a new cycle of grotesque injustice and pitiless retaliation.
One danger that looms heavily is that the Sri Lankan state will try to use its victory to seek a permanent solution to its “Tamil minority problem.” The government might begin by preventing Tamil civilians interned in its military camps from returning to their villages. These camps have already taken on an air of permanence, with the government arguing that no-one can be moved until the LTTE is fully flushed out, and the military demines the conflict zone. This could take months, if not years. It is entirely possible that while tens of thousands of Tamils languish in these camps, encircled by razor-wired fences, the government will move large numbers of Sinhalese settlers into the island’s north and east, thus stamping out, once and for all, the geographical rationale for a separate Tamil homeland. The counterpoint to the government’s expected belligerence might be an even darker phase in the Tamil resistance; one with a more lucid and focused fury that will bring great disquiet to Tamils everywhere.
To most governments, the bloodbath in Sri Lanka is the consequence of a sovereign power besieged by a brutal domestic insurgency. This is to be expected in a world where states are generally considered legitimate, no matter what they do, and those that challenge their authority are immediately viewed as criminal – a distinction that’s been sharpened, of course, by the menacing language around the “war on terror.” Indeed, following Sri Lanka’s success in having the LTTE proscribed as a terrorist organization by 31 countries, including the United States, the sense that the Sri Lankan state is on the right side of history has gone from strength to strength, which might explain the muted condemnation of its actions in the rapidly unfolding tragedy.
It’s probably too much to expect the US government – or any other government for that matter – to accept the argument, however rigorously advanced, that the Sri Lankan state and the LTTE have mirrored each other’s unyielding attitudes and methods, and, that ultimately, the noble sovereign power and the sinister terrorist organization are two sides of the same bloodied coin. The one, small opening for peace that the LTTE’s retreat may provide, however, is that without its looming spectre, the Sri Lankan government will be less able to shield its decaying democracy and ugly human rights record from the eyes of the world. It will, hopefully, be the subject of an international initiative that helps rein in the country’s majoritarian forces, thus barring any further acceleration of the vicious cycle of injury and retribution these tend to set in motion.
Mitu Sengupta, Ph.D., is an Assistant Professor of Politics at Ryerson University in Toronto, Canada. She may be reached by email: mitu.sengupta@gmail.com
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Tags:Liberation Tigers of Tamil Eelam, Sinhalese, Sri Lanka, Tamil minority, Tamils refugees
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