Archive for the ‘Human rights’ Category

RIGHTS-US: Calls for Torture Inquiry Aren’t Going Away

April 30, 2009

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.

Obama has ‘not done enough’ to distance US from Bush crimes

April 30, 2009
Wednesday 29 April 2009
NEW AGE: Obama needs to do more to prove that change is not skin deep.

AMNESTY declared on Wednesday that US President Barack Obama must do more to shake off the legacy of torture, impunity and unlawful detention he inherited from the previous US administration.

The human rights group released a report to coincide with the first 100 days of Mr Obama’s administration which applauded his decision to close the Guantanamo detention camp within 12 months and his rejection of torture.

But it stressed that more needs to be done, especially at Guantanamo Bay, where the US continues to hold 240 people without charge.

Only one detainee – Ethiopian national and British resident Binyam Mohamed – has been released since Mr Obama took office.

And no-one has yet been charged under the new administration.

Report author Rob Freer said: “From the perspective of the detainees, the change in administration has meant pretty much nothing.

“Some have been held for seven years and need their cases resolved quickly,” Mr Freer stressed.

Noting that “Guantanamo is the creation of the US,” Mr Freer argued that Mr Obama should have changed former president George W Bush’s policy that no Guantanamo detainees would be released into the US.

Amnesty also highlighted the fact that Mr Obama has not changed the US policy on Bagram air base in Afghanistan, where hundreds of people are being held without charge with no access to the outside world.

“The closure of Guantanamo must mark the end of the policies and practices it embodies, not merely shift those violations elsewhere, whether to Bagram airbase in Afghanistan or anywhere else,” Amnesty concluded.

US State Department spokesman Robert Wood claimed that it is “too early” for rights activists to start criticising Mr Obama’s administration.

Truth commission to proceed despite Obama’s wishes

April 29, 2009

By John Byrne  | The Raw Story,
Published: April 28, 2009

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.

Sen. Leahy called for a “Truth Commission” in February to probe Bush administration policies on torture, interrogation and surveillance and to — as he puts it — “get to the bottom of what went wrong.” Such an idea would be modeled around truth commissions established in South Africa and Chile, which offered immunity to officials who committed abuses in exchange for the truth.

“Many Americans feel we need to get to the bottom of what went wrong,” Leahy said when announcing his idea in February. “I agree. We need to be able to read the page before we turn the page.”

President Obama, meanwhile, has expressed disinterest in investigating the activities of his predecessor, saying it’s time for the country to move on. Senate Majority Leader Harry Reid (D-NV), says he doesn’t want the commission to begin until an inquiry headed by Senate Intelligence Chairwoman Dianne Feinstein (D-CA) examines the Bush administration’s legal defenses of torture techniques.

But Leahy plans to proceed despite lacking the approval of party leaders, sources familiar with the proposal told Politico’s John Bresnahan Tuesday.

“Leahy plans to move ahead with his proposal anyway,” Bresnahan writes. “While he has not found a GOP co-sponsor for legislation creating a truth commission, Leahy is expected to begin circulating a draft soon.”

In a statement, Leahy said his commission will ultimately jibe with the President’s wishes.

“When I first proposed establishing a nonpartisan commission of inquiry in February, I thought then, as I do now, that it was the best approach to conducting a thorough review of national security policies on detention, interrogation and rendition since Sept. 11,” Leahy said in a statement to Bresnahan. “Whether such a comprehensive review happens immediately or in the weeks and months ahead, the evidence that our country committed torture demands a review of the process by which these flawed policies were developed and implemented. President Obama was correct when he said that any review should be done outside of politics. A nonpartisan commission will accomplish just that.”

Speaking in February, Leahy applauded Obama Attorney General Eric Holder’s decision not to rule out prosecutions during his confirmation hearing.

“There are some who resist any effort to investigate the misdeeds of the recent past,” he said. “Indeed, during the nomination hearing of Eric Holder, some of my fellow Senators on the other side of the aisle tried to extract a devil’s bargain from him in exchange for the votes — a commitment that he would not make… That is a pledge no prosecutor should give and Eric Holder did not give it. But because he did not it accounts for some of the votes against him.”

Some liberals have critiqued the proposal, asserting that Bush officials shouldn’t be granted immunity from prosecution even if they’re forthcoming in a congressional investigation. Conservatives have attacked the proposed commission as a political

The Bloodbath in Sri Lanka

April 28, 2009

Why 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

Activists Serve Blackwater With ‘Statement of Foreclosure for Moral Bankruptcy’

April 28, 2009

Activists march on Blackwater’s Illinois facility, saying no matter how many times it changes its name, Blackwater can’t hide from its bloody history or its lawlessness.

By Jeremy Scahill |RebelReports, April 27, 2009

This weekend, I addressed a conference on Blackwater/Xe and other private armies in Stockton, Illinois, about 2 hours west of Chicago, where Blackwater has established a facility in Jo Daviess County (Here is some local media coverage). The conference was co-sponsored by the citizens’ group Clearwater and the Catholic Worker Movement. There were about 100 people in attendance, including representatives from several activist groups across the country. Among them, the folks from Blackwater Watch in North Carolina, Blackwater’s home state.

Other speakers who addressed the conference were Kathy Kelly, the co-founder of Voices for Creative Non-Violence and Col. Ann Wright. Kelly recently has been camping out at Creech Airforce Base protesting the US bombing of Pakistan using weaponized drone aircraft. Col. Wright is an outspoken former US diplomat who reopened the US embassy in Kabul post-9/11 before publicly opposing the Bush administration’s wars. She has since worked tirelessly in campaigning against US war policy and for accountability for US torturers and their bosses. The conference comes as Blackwater continues to operate in Iraq and Afghanistan the Obama administration has made clear its intention to use private forces in US war zones, as well as in Israel/Palestine. (See here and here for details).

Today, activists are marching on Blackwater’s Jo Daviess facility where they will engage in a nonviolent direct action protest. Within the larger protest, twenty people are planning to do civil disobedience, which could result in arrest. “The citizens will be going onto Blackwater’s property to serve a notice of foreclosure on the property of a company that is morally bankrupt,” says Dan Kenney of Clearwater. “Even though they are making billions of tax dollars, Blackwater, who recently changed their name to Xe to hopefully escape public attention, is also being investigated for tax evasion, they are being investigated by the AFT for illegal possession of firearms at their North Carolina site, they are under investigation for illegal smuggling of weapons into Iraq, and are fighting in the courts nine wrongful death lawsuits. Five of their contractors are also facing voluntary manslaughter charges for the shooting in September of 2007 that led to the death of 17 unarmed, innocent Iraqi citizens.”

Below is the statement issued by the activists this morning:

STATEMENT OF FORECLOSURE
DELIVERED TO BLACKWATER (Xe) FOR
MORAL BANKRUPTCY
April 27, 2009

As Catholic Workers and other concerned citizens of the United States we come today to this northwest Illinois Blackwater training site in an act of nonviolent protest. We are here to make a citizens foreclosure on this property of a company that is morally bankrupt. We are here to reclaim it for the people of this nation who promote democracy and security by humanitarian efforts.

We stand here today as citizens who live in solidarity with and in service to fellow citizens who struggle with joblessness, homelessness, and inadequate wages. We are here to stop the flow of billions of tax dollars to the privatization of our military and the miniaturization of our police by companies like Blackwater; a company that is responsible for:

· Killing innocent Iraqi civilians
· Smuggling weapons illegally into Iraq
· Tax evasion
· Illegal possession of firearms

We are here to hold them accountable for all their illegal and immoral actions.

No matter how many times this company changes its name, it can run but it cannot hide from its bloody history or its lawlessness.

Sri Lanka war zone closed to UN

April 28, 2009
Al Jazeera,  April 28, 2009

Thousands of civilians are trapped inside a strip of land held by Tamil Tiger fighters [AFP]

The United Nations’ humanitarian affairs chief has failed in his attempt to bring a halt to fighting between government forces and Tamil Tiger separatists in Sri Lanka.

John Holmes was unable to get permission from Mahinda Rajapkase, the Sri Lankan president, to allow a UN aid mission into a pocket of rebel-held land that is surrounded by the Sri Lankan military.

“We don’t have agreement on this [failure to get a UN team into the conflict zone] … I am disappointed about this,” Holmes said during his visit to the country on Monday.

The United Nations estimates that up to 50,000 non-combatants are still in the conflict zone, although the government maintains that the number is less than 20,000.

The Sri Lankan military said on Monday that it had ordered its troops to end the use of heavy weaponry and aerial bombardment in their fight against the separatist Liberation Tigers of Tamil Eelam (LTTE), commonly known as the Tamil Tigers.

‘No change’

Holmes met Rohitha Bogollagama, Sri Lanka’s foreign minister, before visiting camps in northern Vavuniya where more than 113,000 civilians have sought refuge in camps that are overcrowded and still without enough supplies.

Focus: Sri Lanka

Q&A: Sri Lanka’s civil war

The history of the Tamil Tigers

Timeline: Conflict in Sri Lanka

‘High cost’ of victory over Tigers

Caught in the middle

But David Chater, Al Jazeera’s correspondent in Colombo, the Sri Lankan capital, said that the UN official had not managed to secure access to the combat zone for a small team from the world body.

“Absolutely nothing has changed as a result of John Holmes’ visit, apart from another ten million dollars in humanitarian aid being pledged,” Chater reported.

“[That money could provide] at least a bit of relief for those who got out of the combat zone, but no relief for those still inside.”

Aid organisations, journalists and other independent observers are banned from entering the conflict zone, making independent assessment of the continuing fighting impossible.

Sweden’s foreign minister said on Tuesday that he has been refused entry to Sri Lanka on a European mediating mission aimed at bringing about an immediate ceasefire between the Sri Lankan military and the LTTE.

Carl Bildt was due to visit the country on Wednesday with his British and French counterparts, but he told the Associated Press that Sri Lankan authorities did not give him permission to enter the country.

David Miliband, the British foreign minister, and Bernard Kouchner, the French foreign minister, will be allowed into the country, Bildt said.

‘Army halted’

“We ask the international community to intervene in this problem and save our people… We [the LTTE] carry weapons to save our people and protect their rights”

Thileevan, an LTTE spokesman inside the conflict zone

The Sri Lankan government said on Monday that it would stop intensive fighting against the LTTE in an effort to ease the suffering of civilians, although the statement contradicted earlier assertions that it would continue its fight against the Tigers who had offered a ceasefire on Sunday.A statement from the president’s office said on Monday: “Combat operations have reached their conclusion.”

Soldiers will “confine their attempts to rescue civilians who are held hostage and give foremost priority to saving civilians”.

The military has also ordered troops not to use “heavy-calibre guns, combat aircraft or aerial weapons, which could cause civilian casualties”, the statement said.

The Sri Lankan government had previously said that no heavy weapons were being used in populated areas and that the operation was merely a “rescue” exercise.

But Chater said that hostilities had not necessarily ended.

“The government is determined there should be no pause in the fighting … [The government] says it knows how ruthless [the Tamil Tigers] are and have no intention of negotiating with them unless they lay down their arms and surrender.”

LTTE accusation

A pro-Tamil Tiger website on Tuesday accused the military of continuing to pound areas of the conflict zone populated by civilian.

Thileevan, an LTTE spokesman inside the conflict zone, also told Al Jazeera that the area had been shelled heavily.

“We don’t know how many people were killed because we could not get out of this area. But when I went to the hospital this morning I saw hundreds of severely wounded people,” he said on Tuesday.

Holmes’ attempt to get access to the conflict zone was rebuffed by Colombo [AFP]

“We ask the international community to intervene in this problem and save our people… We [the LTTE] carry weapons to save our people and protect their rights.”A day earlier, the Tamilnet website quoted S Puleedevan, an LTTE spokesman, as saying the government’s announcement on non-use of heavy weapons was an attempt “to deceive the international community, including the people of Tamil Nadu [a Tamil-majority Indian province]”.

The Sri Lankan military has denied the LTTE claims, but says it is aiming to capture more territory and that its aim is to wipe out the Tamil Tigers.

Tamils in India have been pressuring the Indian government to intervene to bring about a ceasefire in Sri Lanka.

Meanwhile, Sri Lankan forces are continuing with “humanitarian operations aimed at rescuing” the remaining civilians trapped in the island’s northeast, where the LTTE is defending a narrow strip of jungle, the military said on Monday.

“We reduced the coastline they have to 6km from 8km last week,” Brigadier Udaya Nanayakkara, a military spokesman, said.

“Our operations are continuing, and yesterday we managed to rescue another 3,200 civilians,” he said.

About 110,000 civilians escaped from the LTTE-held combat zone last week after an ultimatum by the government for the Tamil Tigers to surrender.

Sri Lanka’s government has said it is on the verge of defeating the LTTE after 37 years of conflict, and has consistently brushed off international calls for a truce.

On Sunday, the government also rejected an LTTE call for a unilateral ceasefire.

Straight to the Top

April 27, 2009

By Scott Horton | Harper’s Magazine, April 27, 2009

Correction, April 29, 2009:

This post requires correction in two respects. First, as already noted, Ed Whelan, former Acting Assistant Attorney General for the Office of Legal Counsel, has categorically denied attending the July 2003 meeting mentioned there. Second, I wrongly described his writing at the National Review as “defenses of torture enablers.” This phrase is both vague and inaccurate, and I apologize for any misunderstanding it may have caused. Whelan has never written anything for the National Review in defense of torture or torture enablers.

The torture trail starts and ends in the White House. That is perhaps the most inescapable conclusion to be drawn from the flurry of documents released in the last week—first the OLC memoranda, then a newly declassified report of the Senate Armed Services Committee, and finally an amazing document that Attorney General Eric Holder released yesterday, which has still gained little attention. The Holder note presents a summary of CIA interaction with the White House in connection with the approval of the torture techniques that John Yoo calls the “Bush Program.” Holder’s memo refers to the participants by their job titles only, but John Sifton runs it through a decoder and gives us the actual names. Here’s a key passage:

“[The] CIA’s Office of General Counsel [this would include current Acting CIA General Counsel John Rizzo] met with the Attorney General [John Ashcroft], the National Security Adviser [Condoleezza Rice], the Deputy National Security Adviser [Stephen Hadley], the Legal Adviser to the National Security Council [John Bellinger], and the Counsel to the President [Alberto Gonzales] in mid-May 2002 to discuss the possible use of alternative interrogation methods [on Abu Zubaydah] that differed from the traditional methods used by the U.S. military and intelligence community. At this meeting, the CIA proposed particular alternative interrogation methods, including waterboarding.”

The report continues to implicate more Bush officials: “On July 13, 2002, according to CIA records, attorneys from the CIA’s Office of General Counsel [including Rizzo] met with the Legal Adviser to the National Security Council [Bellinger], a Deputy Assistant Attorney General from OLC [likely John Yoo], the head of the Criminal Division of the Department of Justice [Michael Chertoff], the chief of staff to the Director of the Federal Bureau of Investigation [Kenneth Wainstein], and the Counsel to the President [Alberto Gonzales] to provide an overview of the proposed interrogation plan for Abu Zubaydah.”

It makes clear that sign-off for torture comes from Condoleezza Rice, acting with the advice of her ever-present lawyer, John Bellinger. Another figure making a key appearance is an Acting Assistant Attorney General for the Office of Legal Counsel named M. Edward Whelan III–presumably the same Ed Whelan who is presently melting his keyboard with defenses of the torture-enablers (Update, April 29, 2009: See correction.) at National Review. (Update: Andrew Sullivan also reported on the appearance of Whelan in the memo, but Whelan responded with a categorical denial that he was involved. This suggests that the memo’s chronology is incorrect and requires some clarification.) The central role played by Rice and Bellinger helps explain the State Department’s abrupt about-face on international law issues related to torture immediately after Rice became Secretary of State and Bellinger became Legal Adviser. It also makes clear that Vice President Cheney and President Bush were fully informed of what has happened and approved.

Torture Used to Try to Link Saddam with 9/11

April 27, 2009

By MARJORIE COHN | Counterpunch, April 24 – 26, 2009

When I testified last year before the House Judiciary Committee’s Subcommittee on the Constitution, Civil Rights, and Civil Liberties about Bush interrogation policies, Congressman Trent Franks (R-Ariz) stated that former CIA Director Michael Hayden had confirmed that the Bush administration only waterboarded Khalid Sheikh Mohammed, Abu Zabaydah, and Abd al-Rahim al-Nashirit for one minute each. I told Franks that I didn’t believe that. Sure enough, one of the newly released torture memos reveals that Mohammed was waterboarded 183 times and Zubaydah was waterboarded 83 times. One of Stephen Bradbury’s 2005 memos asserted that “enhanced techniques” on Zubaydah yielded the identification of Mohammed and an alleged radioactive bomb plot by Jose Padilla. But FBI supervisory special agent Ali Soufan, who interrogated Zubaydah from March to June 2002, wrote in the New York Times that Zubaydah produced that information under traditional interrogation methods, before the harsh techniques were ever used.

Why, then, the relentless waterboarding of these two men? It turns out that high Bush officials put heavy pressure on Pentagon interrogators to get Mohammed and Zubaydah to reveal a link between Saddam Hussein and the 9/11 hijackers, in order to justify Bush’s illegal and unnecessary invasion of Iraq in 2003. That link was never established.

President Obama released the four memos in response to a Freedom of Information Act request by the ACLU. They describe unimaginably brutal techniques and provide “legal” justification for clearly illegal acts of torture and cruel, inhuman or degrading treatment. In the face of monumental pressure from the CIA to keep them secret, Obama demonstrated great courage in deciding to make the grotesque memos public. At the same time, however, in an attempt to pacify the intelligence establishment, Obama said, “it is our intention to assure those who carried out their duties relying in good faith upon legal advice from the Department of Justice that they will not be subject to prosecution.”

In startlingly clinical and dispassionate terms, the authors of the newly-released torture memos describe and then rationalize why the devastating techniques the CIA sought to employ on human beings do not violate the Torture Statute (18 U.S.C. sec. 2340).

The memos justify 10 techniques, including banging heads into walls 30 times in a row, prolonged nudity, repeated slapping, dietary manipulation, and dousing with cold water as low as 41 degrees. They allow shackling in a standing position for 180 hours, sleep deprivation for 11 days, confinement of people in small dark boxes with insects for hours, and waterboarding to create the perception they are drowning. Moreover, the memos permit many of these techniques to be used in combination for a 30-day period. They find that none of these techniques constitute torture or cruel, inhuman or degrading treatment.

Waterboarding, admittedly the most serious of the methods, is designed, according to Jay Bybee, to induce the perception of “suffocation and incipient panic, i.e. the perception of drowning.” But although Bybee finds that “the use of the waterboard constitutes a threat of imminent death,” he accepts the CIA’s claim that it does “not anticipate that any prolonged mental harm would result from the use of the waterboard.” One of Bradbury’s memos requires that a physician be on duty during waterboarding to perform a tracheotomy in case the victim doesn’t recover after being returned to an upright position.

As psychologist Jeffrey Kaye points out, the CIA and the Justice Department “ignored a wealth of other published information” that indicates dissociative symptoms, changes greater than those in patients undergoing heart surgery, and drops in testosterone to castration levels after acute stress associated with techniques that the memos sanction.

The Torture Statute punishes conduct, or conspiracy to engage in conduct, specifically intended to inflict severe physical or mental pain or suffering. “Severe mental pain or suffering” means the prolonged mental harm caused by or resulting from either the intentional infliction or threatened infliction of severe physical pain or suffering, or from the threat of imminent death.

Bybee asserts that “if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” He makes the novel claim that the presence of personnel with medical training who can stop the interrogation if medically necessary “indicates that it is not your intent to cause severe physical pain.”

Now a federal judge with lifetime appointment, Bybee concludes that waterboarding does not constitute torture under the Torture Statute. However, he writes, “we cannot predict with confidence whether a court would agree with this conclusion.”

Bybee’s memo explains why the 10 techniques could be used on Abu Zubaydah, who was considered to be a top Al Qaeda operative. “Zubaydah does not have any pre-existing mental conditions or problems that would make him likely to suffer prolonged mental harm from [the CIA’s] proposed interrogation methods,” the CIA told Bybee. But Zubaydah was a low-ranking Al Qaeda operative, according to leading FBI counter-terrorism expert Dan Coleman, who advised a top FBI official, “This guy is insane, certifiable, split personality.” This was reported by Ron Suskind in his book, The One Percent Doctrine.

The CIA’s request to confine Zubaydah in a cramped box with an insect was granted by Bybee, who told the CIA it could place a harmless insect in the box and tell Zubaydah that it will sting him but it won’t kill him. Even though the CIA knew that Zubaydah had an irrational fear of insects, Bybee found there would be no threat of severe physical pain or suffering if it followed this procedure.

Obama’s intent to immunize those who violated our laws banning torture and cruel treatment violates the President’s constitutional duty to “take Care that the Laws be faithfully executed.”

U.S. law prohibits torture and cruel, inhuman or degrading treatment, and requires that those who subject people to such treatment be prosecuted. The Convention against Torture compels us to refer all torture cases for prosecution or extradite the suspect to a country that will undertake a criminal investigation.

Obama has made a political calculation to seek amnesty for the CIA torturers. However, good faith reliance on superior orders was rejected as a defense at Nuremberg and in Lt. Calley’s Vietnam-era trial for the My Lai Massacre. The Torture Convention provides unequivocally, “An order from a superior officer or a public authority may not be invoked as a justification for torture.”

There is evidence that the CIA was using the illegal techniques as early as April 2002, three to four months before the August memo was written. That would eliminate “good faith” reliance on Justice Department advice as a “defense” to prosecution.

The Senate IntelligenceCommittee revealed that Condoleezza Rice approved waterboarding in July 17, 2002 “subject to a determination of legality by the OLC.” She got it two weeks later from Bybee and John Yoo. Rice, Dick Cheney, John Ashcroft, Alberto Gonzales and George Tenet reassured the CIA in spring 2003 that the abusive methods were legal.

Obama told AP’s Jennifer Loven in the Oval Office: “With respect to those who formulated those legal decisions, I would say that is going to be more of a decision for the Attorney General within the parameters of various laws, and I don’t want to prejudge that.” If Holder continues to carry out Obama’s political agenda by resisting investigations and prosecution, Congress can, and should, authorize the appointment of a special independent prosecutor to do what the law requires.

The President must fulfill his constitutional duty to ensure that the laws are faithfully executed. Obama said that “nothing will be gained by spending our time and energy laying blame for the past.” He is wrong. There is more to gain from upholding the rule of law. It will make future leaders think twice before they authorize the cruel, illegal treatment of other human beings.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild and author of Cowboy Republic. and co-author of the new book, Rules of Disengagement: The Politics and Honor of Military Dissent. Her articles are archived at www.marjoriecohn.com.

Tamil ceasefire bid fails as fears grow for 50,000 trapped civilians

April 27, 2009

By Ben Farmer | Irish Independent, Monday April 27, 2009

Sri Lanka‘s government last night rejected a ceasefire offered by Tamil Tiger rebels who said they were prepared to allow humanitarian workers access to up to 50,000 civilians trapped by fighting.

The unilateral offer came after the United Nations appealed for a ‘pause’ in the fighting, which is centred around a tiny strip of land in the north-east of the island.

But Gotabhaya Rajapakse, the Sri Lankan defence minister, said the offer was a “joke” and instead demanded that the rebels surrender.

“There is no need of a ceasefire. They must surrender,” said Mr Rajapakse.

A Tiger statement announced the ceasefire “in the face of an unprecedented humanitarian crisis and in response to the calls made by the UN, EU, the governments of India and others”.

The civilians are trapped in the last remaining Tiger enclave, where they have little food or clean water and are taking “very high” casualties, according to the UN.

John Holmes, UN under-secretary general for humanitarian affairs, said there was an “urgent need” for aid agencies to get into the combat zone.

But government forces fear the Tigers will use a pause in fighting to regroup or escape.

A Tiger spokesman said that the group’s fighters would only keep their offer of a ceasefire if the government reciprocated.(©Daily Telegraph, London)

– Ben Farmer

Sri Lankan envoy rejects calls for ceasefire

April 26, 2009

The Peninsula Online, April 25, 2009

Source:  AFP

GENEVA: Sri Lanka’s ambassador to the United Nations in Geneva yesterday rejected calls for a humanitarian pause in the Tamil conflict, saying temporary ceasefires did not work.

“The largest number of civilians who have come out (of the conflict zone) came out not during the humanitarian pause, not as a result of the humanitarian pause,” said Dayan Jayatilleke.

“They came out as a result of a military operation which … blindsided the .”

The United Nations on April 17 made a fresh call for humanitarian pauses to allow civilians to flee. Rajiva Wijesinha, who heads Sri Lanka’s government Secretariat for Coordination of the Peace Process, said in Geneva that 110,000 people have fled the conflict zone since renewed hostilities.

Jayatilleke and Wijesinha spoke in a press conference as hundreds of Tamils streamed into the main square outside the UN building a kilometre (half- mile) away to demonstrate against hostilities in the north of Sri Lanka.

Sheryl Mathavan, an organiser of the event, said “thousands are expected,” including about 2,000 from Switzerland and many other Tamils from other European countries. “We are demonstrating against genocide and racial discrimination in Sri Lanka. We want an immediate ceasefire. We want the UN to intervene to stop the genocide,” she said, as she joined demonstrators carrying the Tamil Tiger flag.

Both Sri Lankan officials criticised the demonstration, with Wijesinha saying he was “deeply upset that countries which have banned the Tigers are not treating this as terrorism.”

“How can Western liberal society permit a movement that is clearly militarised to use and misuse western democratic space in this manner?” Jayatilleke said.