Archive for the ‘Human rights’ Category

UK Defence Seretary: We did hand over terror suspects for rendition

February 27, 2009

Defence Secretary sorry for misleading statements made by ministers

By Kim Sengupta

The Independent, uk, Friday, 27 February 2009

Defence Secretary John Hutton speaking in the House of Commons yesterdayDefence Secretary John Hutton speaking in the House of Commons yesterday

The British Government admitted for the first time yesterday that it had been involved in “extraordinary rendition”. The Defence Secretary John Hutton disclosed that terror suspects handed over to the US in Iraq were flown out of the country for interrogation.

Contradicting previous insistences by the Government that it had no played no part in the controversial practice, John Hutton revealed that details of the cases were known by officials and detailed in documents sent to two cabinet members at the time – Home Secretary Charles Clarke and Foreign Secretary Jack Straw.

The prisoners, two men of Pakistani origin who were members of the Lashkar-e-Toiba group, which is said to be affiliated to al-Qa’ida, were captured by SAS troops serving near Baghdad in February 2004. They were handed over to US custody and flown to Afghanistan within the next few months. Among other inmates who passed through the prison was Binyam Mohammed, the UK citizen recently freed from Guantanamo Bay.

Mr Hutton apologised to the Commons “unreservedly” for misleading statements made by the Government in the past, adding “in retrospect, it is clear to me that the transfer to Afghanistan of these two individuals should have been questioned at the time”.

Yesterday, Mr Clarke said he had nothing to add. A spokesman for Mr Straw said “passing references” were made to the cases in documents but he “was not alerted to the specific cases at the time”.

There were immediate calls for an inquiry. The former shadow Home Secretary David Davis said the case was the “latest in a series of issues where the Government has been less than straightforward with regard to allegations of torture”.

A fellow Tory MP, Crispin Blunt, asked why the transfer had not been more fully investigated in 2004, adding: “It is at the very least unfortunate that both officials and ministers overlooked the significance of these cases, not least since the issue of rendition was already highly controversial … The country is owed an account of what happened – nothing does more to undermine our fight against terrorism and violence [than] if we depart from the rule of law and the values we seek to defend.”

Last night, Liberal Democrat peer Baroness Ludford – who led an EU-wide inquiry into rendition in 2007 – said the admission was “another breach in the wall of denials and cover-ups”. She said there was further evidence of 170 stopovers at UK airports by CIA-operated aircraft flying to or from countries where prisoners could be tortured.

The Defence Secretary said the two men continue to be held in Afghanistan as “unlawful enemy combatants” and their status is reviewed on a regular basis. There was no “substantial evidence” he continued, that they had been mistreated or subjected to abuse.

However, a report released by Human Rights Watch in 2004 accused American forces in Afghanistan of inflicting “illegal and abusive treatment” on inmates. Members of the US Congress also alleged mistreatment, with Democratic Senator Patrick Leahy saying some inmates had died. The International Committee of the Red Cross issued a formal complaint to the US in 2007.

Mr Hutton told MPs there had been a number of other errors in previous statements to the Commons, including the number of prisoners held by the UK in Iraq, where ministers “overstated by approximately 1,000 the numbers of detainees held by UK forces”.

Crime and accountability in Gaza

February 26, 2009

Toufic Haddad, The Electronic Intifada, 24 February 2009

Will Israel be held accountable for its destruction in Gaza? (Matthew Cassel)

Now that the smoke has at least temporarily cleared from Gaza’s skies, credible human rights reports have filtered in describing the utter devastation that took place throughout the course of Israel’s 22 day assault “Operation Cast Lead.” The figures are truly shocking. According to statistics by the Gaza-based Palestinian Centre for Human Rights, at least 1,285 Palestinians were killed, of which 895 were civilians, including 280 children and 111 women. Another 167 of the dead were civil police officers, most of whom were killed on the first day of the bombing when they were graduating from a training course. More than 2,400 houses were completely destroyed, as were 28 public civilian facilities, (including ministries, municipalities, governorates, fishing harbors and the Palestinian Legislative Council building), 29 educational institutions, 30 mosques, 10 charitable societies, 60 police stations and 121 industrial and commercial workshops.

Casualty statistics by Palestinian military groups appear to corroborate the number of civilians killed versus militants. According to their respective Arabic-language websites, Hamas lost 48 fighters, Islamic Jihad, 34, the Popular Resistance Committees, 17, and the Popular Front for the Liberation of Palestine, one. It is not known how many fighters Fatah lost, though their participation in the resistance was certainly less than that of Hamas, which clearly led the Palestinian side. These reports should also be considered credible because it is highly unlikely a group would suppress its casualty figures given that their fighters’ deaths are perceived as acts of martyrdom, for which the faction proudly advertises its sacrifices. Family members of dead fighters would also not accept any other classification. We can safely assume therefore that the remaining killed militants were Fatah members, former or current security force personnel, or individuals who took up arms when the fighting erupted.

Information from Israeli sources has also surfaced regarding different aspects of the planning and functioning of the Israeli military during the campaign. It is now known for example that the idea to bomb the closing ceremony of a Gaza police training course was planned and internally criticized within the Israel army months before the attack. According to the Israeli daily newspaper Haaretz correspondent Barak Regev, “A military source involved in the planning of the attack, in which dozens of Hamas policemen were killed, says that while military intelligence officers were sure the operation should be carried out and pressed for its approval, the [Israeli army’s] international law division and the military advocate general were undecided.” Israel went ahead with the bombing anyway, killing dozens of civil police officers whose limp dismembered bodies were captured in chilling images broadcast the first day of Israel’s campaign.

It was also revealed by Haaretz that “Israel used text messages, dropped flyers from the air and made a quarter of a million telephone calls to warn Gaza residents.” Given that 50 percent of Gaza’s residents are below the age of 16 and are unlikely to have independent telephone lines, a quarter million telephone calls covers a considerable portion of Gaza’s households. This is a backhanded acknowledgment of the fact that almost everybody in Gaza was threatened in Israel’s campaign.

Israeli politicians also appear aware of the devastation they have wrought in Gaza, and the war crimes charges they are likely to face because of their targeting of the civilian population. One minister told Israeli military correspondent Amos Harel “When the scale of the damage in Gaza becomes clear, I will no longer take a vacation in Amsterdam, only at the international court in The Hague.” According to Harel, “It was not clear whether he was trying to make a joke or not.”

How is one to approach the existence of indisputable evidence showing that Palestinian civilians were a deliberate target in Israel’s campaign? This is not the case of “collateral damage,” nor is this the case of one of the most sophisticated and powerful armies operating in one of the most densely populated areas of the world.

The technicalities of the legal cases pressing for war crimes charges should be left to qualified lawyers and human rights workers. Indeed the process is well on its way, with one petition already filed in Belgium. The Israeli government is also set to approve a bill that will grant aid to officers who do face suits for alleged war crimes. The military censor has already issued orders to the press not to reveal the identities of officers involved in the Gaza campaign.

As these debates begin, it’s important to stress three points. First, the policy of targeting civilians in Gaza was nothing new. The medieval siege which was clamped on Gaza since the Hamas victory in the 2006 elections preventing access to fuels, foods and medical supplies, was part and parcel of the same policy directed at the civilian population. Adding the military dimension whereby Israeli army personnel sitting in bunkers in Tel Aviv bomb civilian areas with unmanned drones, is only a difference of degree, not principle.

Second, it is important to point out the modus operandi used in Gaza was entirely predictable, based on how Israeli and American military analysts and journalists were openly discussing the results of Israel’s failed campaign in Lebanon in 2006. For example, Anthony Cordesman, a military analyst for the Washington-based Center for Strategic and International Studies, visited Israel after the July 2006 war and interviewed its military personnel to assess its setbacks. His subsequent recommendations for correcting Israel’s tactics in future confrontations read like a blueprint for what Israel was doing to Gaza. “From Israel’s viewpoint you have to use force even more against civilian targets,” Cordesman explains. “You have to attack deep. You have to step up the intensity of combat and you have to be less careful and less restrained.”

Cordesman’s conclusions derived from his belief that Israel’s “deterrence” had suffered serious erosion throughout the course of the second Palestinian intifada and especially during the July 2006 war. In the latter case, the support provided by the Lebanese civilian population to Hizballah was seen as instrumental in the movement’s ability to embed itself locally before and during the war. This enabled it to build up a formidable civilian and military infrastructure, and importantly, to deprive Israel of sufficient intelligence regarding its activities. As The New York Times columnist Thomas Friedman explained, deliberately attacking civilians was necessary in order “to educate” them not to allow Hizballah to operate from their areas. If they don’t learn the lesson, their areas would be bombed again. Israel also tried to teach Palestinians a lesson in Gaza again, though its students are still just as unlikely to get the point.

That this military doctrine could have been identified, criticized and stopped before it was allowed to be put into action one more destructive time, leads to the third and final point. A military strategy that overtly embraces tactics aimed at bludgeoning a civilian population into submission, could not stand on its own were it not for a deeper more sinister logic which has prepared the acceptance of such crimes in advance — both vis-a-vis the international community and domestically within Israel. Here there are many culprits, and even more accomplices. But it suffices to say that the dehumanization of Palestinians in general, and those in Gaza in particular, reached unconscionable levels in years past.

During the first Palestinian intifada, the late Israeli Prime Minister Yitzhak Rabin famously wished that “Gaza would just sink into the sea.” During the second intifada, Israeli chief of staff Moshe Ya’alon defined the Palestinians as a threat akin to “cancer” which Israel was applying “chemotherapy” to, but one day might be forced to use “amputation.” He also emphasized that Israel’s strategy towards the Palestinians needed to “burn into consciousness” their own defeat as a people.

After the January 2006 election of Hamas, and particularly after the Islamic movement’s take over of Gaza as it sought to pre-empt a US-sponsored coup against it, the rhetoric against the Palestinians of Gaza was ramped up to feverish pitches. Gaza became “Hamastan, Hizballahstan and al-Qaedastan” wrapped into one, according to Ya’alon, with Iran at Israel’s southern doorstep. The people of Gaza were to be put “on a diet,” according to Dov Weissglas, an adviser to former Prime Minister Ariel Sharon, “but not to make them die of hunger.”

The list of dehumanizing quotations is long and demeaning. If these ideas were restricted to the confines of Israeli military and political circles, while they would remain reprehensible, they could at least be contained. The problem is that they have been allowed to flourish throughout the US beneath the much broader discursive umbrella of the “War on Terror.” Principled opposition to the farce of this “war” has virtually been non-existent within the Republican and Democratic parties. All we heard during last year’s election campaign was how one party was going to fight it better than the other. No mainstream media organization has also dared to expose the “War on Terror” as a tool to implement American imperial ambitions, despite the acknowledgement by the former Chairman of the Federal Reserve, Alan Greenspan, that invasion of Iraq was about oil.

All of a sudden the Palestinian question, whose basis is rooted in a classic anti-colonial nationalist struggle having to do with fighting an occupation for freedom and self-determination, is transformed into a pathogen which must be eradicated. How easy is it to forget that substantial numbers of countries throughout the world today only achieved independence after bitter armed struggles against occupation and their colonial masters. How convenient to elide that Europe itself had to believe in and organize an armed resistance to occupation when Nazism covered more than half of its landmass.

The transformation of the Palestinian struggle from its colonial birth, to its modern day public execution broadcast on CNN is facilitated through an insipid daily process whereby Palestinians, and people who look and sound like them — non-English speaking Arabs and Muslims — are constantly imagined and reproduced through a litany of military experts, commentators, Hollywood movies, drama series and even video games. The goal is to divide, stereotype and dehumanize at all cost, because providing nuance, history and context is the cardinal sin of the current corporate media age. America and Israel need terror to end now. Arabs and Palestinians need to accept their fate as subhuman entities, who become the object by which other countries erect their deterrence, as though it were a question of national virility.

Gaza never had a chance. It has always been the slum of slums, with its million and a half residents crammed into a plot of land with no real means of sustaining itself. After 60 years of dispossession, and 41 years of military occupation, who was really listening to the residents of its eight refugee camps, 40 percent of whom are unemployed, 80 percent of whom live on UN handouts? Who needs to ask these questions anyway? Palestinians know they have Israeli Foreign Minister Tzipi Livni looking after their best interests. During the war, she openly declared that what was happening in Gaza was good for the Palestinians.

Serious questions of accountability lie embedded in how Israel was allowed to deliberately target Gaza’s civilian population. The world’s ability — or inability — to address these questions leaves a stark dichotomy difficult to avoid: either the world upholds a moral stance that civilians are an illegitimate target in war, by which account Israel’s political and military leaders must be tried and sentenced for their crimes. Or the world allows this principle to be violated, as it was in Gaza, and accepts the consequences of a world in which power and violence definitively determine right from wrong.

Toufic Haddad is a Palestinian-American journalist based in the West Bank town of Bethlehem. He is also the co-author of Between the Lines: Israel, the Palestinians and the US “War on Terror” with Israeli author Tikva Honig Parnass, published by Haymarket Books, 2007. He can be reached at tawfiq_haddad AT yahoo DOT com.

Guantánamo: we need the truth

February 26, 2009

Without transparency about Binyam Mohamed’s torture, the damage done will linger for years after the camp’s closure

With a stoic grace, Binyam Mohamed has described his return to the UK today after seven long years of detention in Guantánamo Bay as “more in sadness than in anger”.

I have met that sense of emptiness and loss before. I have worked with two constituents who returned to the UK after a long incarceration in Guantánamo. In both cases the men had been illegally taken, in the process known as extraordinary rendition, by the CIA from an African country; and in both cases there were allegations of torture and degrading treatment. The journey to rebuild a life and to reconnect with family has been long, slow and fraught with pain. How do you come to terms with the lost years, the shame of allegations you cannot refute, or to witnessing humanity at its very darkest? Binyam Mohamed will need his friends and family around him, and the time and space to move on. It will therefore fall to others to ask the vital questions he is too weary to ask for himself.

We must not be squeamish or turn a blind eye to what has happened to him. Over seven years he has been shackled and blindfolded, flown to dark prisons across the world and kept incommunicado. He has made allegations of systematic torture, and says he had up to 20 or 30 cuts made into his penis and genitalia, with chemicals poured on the wounds for extra pain. In Guantánamo, reports suggest he was routinely humiliated and abused, resulting in long periods on hunger strike in protest. In all this time, Mohamed was never charged with a crime.

We might have expected the government to protect a UK resident from such barbaric treatment. Instead, their fingerprints are all over his case file.

Torture is wrong, pure and simple. Civilised and democratic governments, including Britain, should have absolutely no role in a practice that is both ineffective and inhumane, and there is no excuse to put our so-called special relationship with the US before the rule of law. It is not enough to simply speak out against torture: the foreign secretary has a duty to help root out and end such practices.

We cannot stamp out torture unless we know why and how it was allowed to happen in the first place. Barack Obama’s commitment to close Guantánamo is a huge leap forward, but we need a full investigation to make sure that such fundamental basic principles can never be flouted again. Without this openness and transparency, the damage done by Guantánamo will linger on long after the detention camp is closed.

The Labour government should be standing up to the United States, not colluding in a cover-up. If British residents have been subjected to torture, and if our own government have turned a blind eye, then we have a right to know. If the British government is sitting on vital evidence then it should immediately release it to the public.

Binyam Mohamed has said that, when he asked a camp guard why he was being tortured, the guard replied, “It’s just to degrade you, so when you leave here, you’ll have the scars and you’ll never forget.”

We should not forget either. The wounds and scars inflicted on Mohamed are not just a personal tragedy for him, they also represent a vicious assault on the values and humanity of our country. Labour’s already bruised and battered human rights record lies in tatters. President Obama has promised a fresh start but, before the slate can be wiped clean, we have to be told the truth.

Sarah Teather is Liberal Democrat MP for Brent East and chair of the all-party parliamentary group on Guantánamo Bay

Who is Binyam Mohamed?

February 25, 2009

By Andy Worthington | Counterpunch, Feb 24, 2009

As British resident Binyam Mohamed stepped off a plane at RAF Northolt on Monday February 23, six years and ten months since he was first abducted by the Pakistani authorities at Karachi airport, it was impossible not to sympathize with the words written in a statement made by the tall, thin, slightly-stooped 30-year old, and delivered by his lawyers at a press conference.

“I hope you will understand that after everything I have been through I am neither physically nor mentally capable of facing the media on the moment of my arrival back to Britain,” the statement read. “Please forgive me if I make a simple statement through my lawyer. I hope to be able to do better in days to come, when I am on the road to recovery.”

For the last three and half years, since Binyam Mohamed’s lawyers (at Reprieve, the legal action charity) first released his harrowing account of his torture in Morocco at the hands of the CIA’s proxy torturers, the British resident’s story has, understandably, had few bright episodes. As Clive Stafford Smith, Reprieve’s director, explained in his book Eight O’Clock Ferry to the Windward Side, during the three days in Guantánamo that Binyam related the story of his horrendous ordeal — for 18 months in Morocco, and then for another five months at the CIA’s own “Dark Prison” near Kabul, until he finally made false confessions that he was involved with al-Qaeda and had planned to detonate a radioactive “dirty bomb” in New York — he explained, “I’m sorry I have no emotion when talking about the past, ‘cause I have closed. You have to figure out the emotion part — I’m kind of dead in the head.”

And yet, as Binyam embarks on his long “road to recovery” — attended by his lawyers, and, mercifully, by his sister Zuhra, who flew from her home in the United States to meet him, and to fill what would otherwise have been an aching void, as Binyam has no family in the UK — it is unlikely that the media will, in general, manage to report much of the man behind the myth that has grown up around him.

To that end, I thought it appropriate to relate a few anecdotes that bring Binyam the human being, rather than Binyam the prisoner, to life. The first comes from Stafford Smith’s book, where he describes his first meeting with Binyam as follows:

“Binyam was twenty-seven. He was tall and gangling, dark-skinned, originally from Ethiopia. He smiled and immediately told me how glad he was to see me. He spoke quietly, with a particular dignity. Some prisoners would take many hours of convincing that I was not from the CIA, but Binyam immediately opened up.”

Of particular interest is an extraordinary chapter, “Con-mission,” which relates the farcical story of Binyam’s first hearing for his proposed trial by Military Commission at Guantánamo, in 2006, just before the Commissions were declared illegal by the US Supreme Court. It’s worth buying the book for this chapter alone, as it explains in extraordinary detail quite how farcical Guantánamo’s rigged trial system was, and how it was exploited mercilessly by Binyam, who arranged for Stafford Smith to get him “a proper type of Islamic dress,” dyed orange (he wanted a Dutch football shirt, but Reprieve couldn’t find one), to make a clear visual statement in court that he was no ordinary defendant and this was no ordinary trial. He also asked for a marker pen and a piece of card, and, during the hearing, after he had thrown the judge, Marine Col. Ralph Kolhmann, off his stride by launching into a rambling monologue about justice that Kohlmann found himself unable to interrupt, he took the marker pen, scrawled “CON-MISSION” on it, showed it to the gathered journalists, and declared, “this is not a commission, this is a con-mission, is a mission to con the world, and that’s what it is, you understand.”

Warming to his theme, as Col. Kohlmann “ was staring into the headlights of Binyam’s speech and could see no way to cut him off,” he continued,

“When are you going to stop this? This is not the way to deal with this issue. That is why I don’t want to call this place a courtroom, because I don’t think it is a courtroom.”

“I am sure you wouldn’t agree with it, because if you was arrested somewhere in Arabia and Bin Laden says, ‘You know what, you are my enemy but I am going to force you to have a lawyer and I give you some bearded turban person,’ I don’t think you will agree with that. Forget the rules, regulations and crap … you wouldn’t deal with that. That is where we are. This is a bad place. You are in charge of it.”

Stafford Smith then proceeded to explain:

“It was an extraordinary lecture. Binyam finally came to a firm conclusion. ‘I am done. You can stop looking at the watch,’ he said. He then turned away from Kohlmann, as if to ignore any response. He was holding up his sign, ‘CON-MISSION,’ and waving it to the journalists behind him, just in case they had missed it the first time.”

The other story was related by another British resident held at Guantánamo, Bisher al-Rawi, who was released in March 2007, and his words capture how Binyam’s concern for justice permeated his entire approach to his imprisonment, and, in Bisher’s opinion, also reflected a very British approach that he had learned during the seven years he had lived in the UK before his capture:

“He is so British — I mean so British! The way he stands, the way he talks, his painstaking use of logic. He’s such a gentleman. And he is knowledgeable and he stands up for his rights in a really British way. Like with S.O.P. This is something the guards have. It is called Standard Operating Procedure — S.O.P. And the funny thing about this Standard Operating Procedure is that it changes every day. Every day you have new Standard Operating Procedure. And Binyam, he draws attention to this and insists on his entitlement to be treated the same way as the Standard Operating Procedure dictated the day before. And they hate him for this. But he’s just being British.”

Perhaps the media snipers who are asking why Binyam should be allowed back into the UK would like to dwell on this as they ignore both the seven years that he lived in Britain, when, as MI5 confirmed, he was “a nobody,” and was not wanted in connection with any crime, and the seven years that he spent in the custody of the United States — or its proxy torturers — when, as David Miliband, the foreign secretary, has conceded, he had “established an arguable case” that “he was subject to cruel, inhuman and degrading treatment by or on behalf of the United States,” and was also “subject to torture during such detention by or on behalf of the United States.”

In addition, as the British government struggles with claims that it has regularly fed intelligence information about British “terror suspects” seized in Pakistan to Pakistani agents, knowing full well that the Pakistanis regularly use torture, those same critics might want to recall the words of the judges who reviewed Binyam’s case in the High Court last summer. The judges explained that the British government’s involvement in Binyam’s case, and its relationship to the US — which involved sending agents to interview him in Pakistan, even though he was being held illegally, and providing and receiving intelligence about him while he was being tortured in Morocco — “went far beyond that of a bystander or witness to the alleged wrongdoing.”

There are more revelations to come about torture policies that involve — or involved — the US, the UK, Morocco, Pakistan and a host of other countries, but for now I’m content to let one of its victims try to rebuild his life in peace. As Binyam also explained in his statement after his release,

“I have been through an experience that I never thought to encounter in my darkest nightmares. Before this ordeal, ‘torture’ was an abstract word to me. I could never have imagined that I would be its victim. It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways — all orchestrated by the United States government.”

Andy Worthington is a British historian, and the author of ‘The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison’ (published by Pluto Press). Visit his website at: www.andyworthington.co.uk
He can be reached at: andy@andyworthington.co.uk

POLITICS-US: Democrats Divided Over “Reckoning” for Bush

February 25, 2009

Analysis by William Fisher | Inter Press Service

NEW YORK, Feb 16 (IPS) – With growing public support for a public investigation of crimes that may have been committed by the administration of former president George W. Bush in waging its “global war on terror”, policy makers and legal experts are deeply divided on how to proceed – and President Barack Obama seems ambivalent about whether to proceed at all.

The president has said his view is that “nobody is above the law, and if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen, but that, generally speaking, I’m more interested in looking forward than I am in looking backwards.”

Before his nomination to be Obama’s attorney general, Eric Holder appeared to take a stronger view.

He said, “Our government authorised the use of torture, approved of secret electronic surveillance against American citizens, secretly detained American citizens without due process of law, denied the writ of habeas corpus to hundreds of accused enemy combatants and authorized the procedures that violate both international law and the United States Constitution… We owe the American people a reckoning.”

But at his confirmation hearing before the Senate, Holder tempered his responses to adhere more closely to Obama’s position.

The president initially refrained from commenting on a proposal from the chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, a Vermont Democrat, for a “truth commission” to investigate abuses of detainees, politically inspired moves at the Justice Department, and a whole range of decisions made during the Bush administration. At the time, Obama said he had not seen the Leahy proposal, although he has not explicitly ruled it out.

Such a “truth commission” is one of several ideas being offered by those who see a comprehensive look-back as essential to cleansing the U.S. justice system and restoring the U.S.’s reputation in the world.

Leahy said the primary goal of the commission would be to learn the truth rather than prosecute former officials, but said the inquiry should reach far beyond misdeeds at the Justice Department under Bush to include matters of Iraq prewar intelligence and the Defence Department.

The panel he envisions would be modeled after one that investigated the apartheid regime in South Africa. It would have subpoena power but would not bring criminal charges, he said.

Among the matters Leahy wants investigated by such a commission are: the firings of U.S. attorneys, treatment and torture of terror suspect detainees, and the authorisation of warrantless wiretapping. He said that witnesses before such a commission might have to be granted limited immunity from prosecution to obtain their testimony.

Other Democrats have called for criminal investigations of those who authorised certain controversial tactics in the war on terror. Republicans have countered that such decisions made in the wake of the 2001 terror attacks should not be second-guessed.

An arguably stronger measure has been proposed by House Judiciary Committee Chairman John Conyers, a Michigan Democrat, and nine other lawmakers. The measure would set up a National Commission on Presidential War Powers and Civil Liberties, with subpoena power and a reported budget of around 3.0 million dollars.

It would investigate issues ranging from detainee treatment to waterboarding and extraordinary rendition. The panel’s members would come from outside the government and be appointed by the president and congressional leaders of both parties.

This body would be much like the 9/11 Commission, set up after the Sep. 11, 2001 attacks, to examine failures within government anti-terror efforts. The commission’s investigation did not lead to any prosecutions.

Human rights advocacy groups and many legal experts have been more forceful in their proposals.

For example, Amnesty International is urging its supporters to press lawmakers to investigate the U.S. government’s abuses in the war on terror and hold accountable those responsible. The organisation is calling on Obama and Congress to create an independent and impartial commission to examine the use of torture, indefinite detention, secret renditions and other illegal U.S. counterterrorism policies.

But the organisation does not necessarily see a conflict between a 9/11-type body and a “truth and reconciliation” commission. In answer to a question from IPS, Amnesty International’s Tom Parker said, “I don’t think the two approaches are mutually exclusive. Both could go forward at the same time. The immunities that may have to be granted by a Truth and Reconciliation Commission would not be absolute.”

Marjorie Cohn, president of the National Lawyers Guild, does not favour the “truth and reconciliation” approach.

She told IPS, “As President Obama said, ‘No one is above the law.’ His attorney general should appoint a special prosecutor to investigate and prosecute Bush administration officials and lawyers who set the policy that led to the commission of war crimes. Truth and Reconciliation Commissions are used for nascent democracies in transition. By giving immunity to those who testify before them, it would ensure that those responsible for torture, abuse and illegal spying will never be brought to justice.”

A similar view was expressed by Peter M. Shane, a law professor at Ohio State University. He told IPS, “The immunities that might be granted in connection with a congressional or commission investigation of the Bush administration could well compromise the prospects for criminal prosecution, as our experience with the Iran-Contra affair demonstrates. There is likewise reason to fear that justice cannot be completely served without recourse to prosecution.”

“On the other hand,” he said, “I believe our paramount need as a country is for a full and fair airing of the historical record; democracies depend, I think, on an unblinking understanding of their past.”

“One would hope that immunity might be granted as narrowly as possible and that efforts would be undertaken to allow the Justice Department to preserve its investigative integrity based on independently developed evidence. Should push come to shove, however, I think history is more important than prosecution,” he added.

Brian J. Foley, visiting associate professor at Boston University law school, takes a harder line. He told IPS, “Until we have Truth and Reconciliation Commissions rather than prosecutions for drug offenders and others accused of non-violent crimes whom we promiscuously throw into our overcrowded prisons, we should not bestow ‘justice lite’ on our political leaders. It appears that laws designed with government actors in mind were broken. There should be prosecutions.”

And Georgetown University’s David Cole, one of the country’s preeminent constitutional lawyers, believes the Obama administration or Congress “should at a minimum appoint an independent, bipartisan, blue-ribbon commission to investigate and assess responsibility for the United States’ adoption of coercive interrogation policies.”

It should have “a charge to assess responsibility, not just to look forward”, he said.

This divergence of viewpoints – from doing nothing to appointing a special prosecutor – is putting President Obama in an uncomfortable position. The most recent Gallup Poll shows that a sizable majority of citizens favours an investigation into Bush-era misconduct.

But Obama appears reluctant to take any action that might further divide the country. Moreover, he may be loath to antagonise Republicans, whose support he may need on many other issues in the future.

The Democratically-controlled Congress does not need the president in order to act – it can hold extensive hearings, grant itself subpoena power and in effect take whatever action it desires short of legislation, which would require the president’s signature. But Congressional Democrats may well be reluctant to overtly defy the wishes of the president, who is the leader of their party.

So the form of the Bush-era retrospective – if there is to be one – is yet very much a work in progress that will continue to put pressure on the young Obama administration.

Victim of American terrorism Binyam Mohamed arrives in UK

February 23, 2009

BBC, Feb 233, 2009

Binyam Mohamed: His full statement

Binyam Mohamed

Mr Mohamed claims confessions were obtained using torture

A British resident who said he was tortured while being detained at Guantanamo Bay for more than four years has issued a statement on the eve of his return to the UK.

Ethiopian-born Binyam Mohamed, 30, says his experience was worse than his “darkest nightmares”.

Here is his statement in full:

I hope you will understand that after everything I have been through I am neither physically nor mentally capable of facing the media on the moment of my arrival back to Britain.

It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways – all orchestrated by the United States government
Binyam Mohamed

Please forgive me if I make a simple statement through my lawyer. I hope to be able to do better in days to come, when I am on the road to recovery.

I have been through an experience that I never thought to encounter in my darkest nightmares. Before this ordeal, “torture” was an abstract word to me. I could never have imagined that I would be its victim.

It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways – all orchestrated by the United States government.

‘I have a duty’

While I want to recover, and put it all as far in my past as I can, I also know I have an obligation to the people who still remain in those torture chambers.

My own despair was greatest when I thought that everyone had abandoned me. I have a duty to make sure that nobody else is forgotten.

I am grateful that in the end I was not simply left to my fate. I am grateful to my lawyers and other staff at Reprieve, and to Lt Col Yvonne Bradley, who fought for my freedom.

Lawyer Clive Stafford-Smith reads a statement on Binyam Mohamed’s behalf

I am grateful to the members of the British Foreign Office who worked for my release. And I want to thank people around Britain who wrote to me in Guantanamo Bay to keep my spirits up, as well as to the members of the media who tried to make sure that the world knew what was going on.

I know I would not be home in Britain today if it were not for everyone’s support. Indeed, I might not be alive at all.

I wish I could say that it is all over, but it is not. There are still 241 Muslim prisoners in Guantanamo.

Many have long since been cleared even by the US military, yet cannot go anywhere as they face persecution. For example, Ahmed bel Bacha lived here in Britain, and desperately needs a home.

‘Horrors’

Then there are thousands of other prisoners held by the US elsewhere around the world, with no charges, and without access to their families.

And I have to say, more in sadness than in anger, that many have been complicit in my own horrors over the past seven years.

For myself, the very worst moment came when I realised in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.

I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realised, had allied themselves with my abusers.

I am not asking for vengeance; only that the truth should be made known, so that nobody in the future should have to endure what I have endured.

Israel: End Ban on Human Rights Monitors

February 23, 2009

IDF Denies Human Rights Watch, B’Tselem Access to Gaza

Human Rights Watch, February 22, 2009

Israel’s refusal to allow human rights groups access to Gaza raises a strong suspicion that there are things it doesn’t want us to see or the world to know about its military operation there. If Israel has nothing to hide, why is it refusing to allow us in?

Sarah Leah Whitson, Middle East director at Human Rights Watch

(Jerusalem) – Israel continues to obstruct independent investigations into allegations of laws of war violations by the Israel Defense Forces (IDF) and Hamas military forces in Gaza by preventing independent human rights monitors from entering Gaza, Human Rights Watch and B’Tselem said today. After submitting applications for permission to enter via the Erez crossing in January 2009, the groups faced continued delays from the IDF unit reviewing the applications. In February, the IDF told Human Rights Watch that it had rejected its application. The Israeli military denied B’Tselem’s first request to enter Gaza and has failed to respond to a second.

“Israel’s refusal to allow human rights groups access to Gaza raises a strong suspicion that there are things it doesn’t want us to see or the world to know about its military operation there,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “If Israel has nothing to hide, why is it refusing to allow us in?”

Human Rights Watch requested permission to enter Gaza on January 5. After weeks of delay, the IDF rejected the application on February 9, on the grounds that Human Rights Watch “was not registered with the [Israeli] Ministry of Social Affairs.” On all previous occasions, including several times in 2008, Israeli authorities permitted Human Rights Watch staff to enter and leave Gaza via the Erez crossing. The IDF never previously suggested such a requirement for access to Gaza, and Human Rights Watch is not aware of any such Israeli law or regulation. The IDF has not responded to Human Rights Watch’s requests for clarification.

Israel does not allow Jewish citizens of Israel, other than security forces, to enter Gaza on the grounds that their security would be at risk. B’Tselem, the Israeli Information Center for Human Rights in the Occupied Territories, on January 20 requested permission from the IDF to allow the organization’s fieldwork director (a Palestinian citizen of Israel) to enter Gaza. The IDF refused the request nine days later. B’Tselem submitted an additional request on January 29 for entry for three staff members and an international consultant. The Israeli military has not responded to this request.

Human Rights Watch and other international human rights groups were able to enter Gaza via Egypt in late January to carry out initial investigations. The international researchers left Gaza just before February 5, when Egypt had announced it would close the Rafah crossing. The IDF had told Human Rights Watch that because its researchers had entered Gaza through Rafah, they would not permit the researchers to exit through Erez.

B’Tselem has not managed to gain access for its Israeli or West Bank staff, or for international consultants. Only the organization’s two field researchers, who are residents of the Gaza Strip, have been able to conduct research on the ground.

“Israel puts itself in the same league as Burma, North Korea, and Syria in keeping out independent human rights monitors,” said Jessica Montell, executive director of B’Tselem. “The people of Israel deserve to know the truth about the conduct of our forces in Gaza. It is also in Israel’s best interest that the full picture comes out.”

The IDF prevented journalists from entering Gaza during the 22-day military operation, called “Operation Cast Lead,” even after an Israeli Supreme Court ruling on January 2 ordered the state to allow entry to members of the Foreign Press Association.

Since the escalation of fighting in Gaza on December 27, 2008, both Human Rights Watch and B’Tselem have documented serious violations of international humanitarian law by Israel and Hamas. On January 10, Human Rights Watch exposed Israel’s unlawful use of white phosphorus in civilian areas, an allegation the IDF initially denied but now claims to be investigating. B’Tselem has expressed grave concern over violations of the principles of proportionality and distinction, including the deliberate targeting of civilian installations, such as government ministries and the Palestinian Legislative Council. Both organizations have, for over two decades, documented violations of international human rights and humanitarian law in Israel and the Occupied Palestinian Territories.

Article 6 of the Human Rights Defenders Declaration ensures that everyone has the right, individually and in association with others, “To know, seek, obtain, receive, and hold information about all human rights and fundamental freedoms.”

In addition, the apparent blanket denial of access to Gaza by human rights groups violates the right to freedom of movement. Although human rights law permits restrictions on freedom of movement for security reasons, the restrictions must have a clear legal basis, be limited to what is necessary, and be proportionate to the threat.

Anna Politkovskaya murder – accused acquitted, investigation must continue

February 22, 2009

Anna Politkovskaya in Helsinki in December 2002

Anna Politkovskaya in Helsinki in December 2002

© Katja Tähjä

Anna Politkovskaya's grave

Anna Politkovskaya’s grave

Amnesty International, 20 February 2009

The jury in the Anna Politkovskaya murder trial has acquitted all those charged with involvement in the murder. The jury stated that they did not find proof of guilt in the evidence provided by the investigation.

Anna Stavitskaia, one of the representatives of Anna Politkovskaya’s children, said after the trial that the investigation had been weak and that the defence of the accused had been much stronger.

A spokesperson for Amnesty International said that the investigation into the murder of the human rights journalist must continue with renewed vigour.

“The end of the trial does not lift the onus from the authority to find the murderer and his sponsors,” said Nicola Duckworth, Europe and Central Asia Programme Director at Amnesty International. “We urge the relevant Russian authorities not to stop here, but to continue the investigation into the murder and to bring to justice all those involved, including the gunman and those who ordered the killing,”

In her address to the jury a few days before the decision, lawyer Karinna Moskalenko, also representing the children of Anna Politkovskaya, said:

Anna hated impunity and lawlessness and she would not have wanted to see someone who committed a serious crime go free. At the same time, she would not have wanted at all to see someone being sentenced for a crime he did not commit.

“Delivering justice for the murder of Anna Politkovskaya will demonstrate that the Russian authorities have the political will to end the silencing of human rights defenders,” said Nicola Duckworth.
Anna Politkovskaya was murdered on 7 October 2006 in Moscow. She had faced intimidation and harassment from Russian authorities, including the authorities in Chechnya, due to her outspoken criticism of government policy and action.

After she began writing about the armed conflict in Chechnya and the North Caucasus in 1999, she was detained and threatened with serious reprisals, including death threats, on several occasions.

At least 12 people have been detained in connection with the murder since late August 2007, but several were later released. The publicly named suspects in the case include officials from the Ministry of Interior, the Federal Security Service (FSB) and a former head of a local administration in Chechnya.

During the jury trial, which started in November 2008, the members of the jury had to render a verdict about the participation of brothers Dzhabrail and Ibragim Makhmudov and former police officer Sergei Khadzhikurbanov in the murder.

Sergei Khadzhikurbanov had also been accused of detaining and ill-treating businessman Eduard Ponikarov together with FSB officer Pavel Riaguzov.

Amnesty International attended a large part of the hearings into the murder case.

The Case for a Truth Commission

February 22, 2009
This Abu Ghraib detainee was reportedly threatened with electrocution if he fell.
This Abu Ghraib detainee was reportedly threatened with electrocution if he fell.

By Patrick Leahy, Time, Thursday, Feb. 19, 2009

More than 30 years ago, a special Senate investigation peered into abuses that included spying on the American people by their own government.

The findings by Senator Frank Church’s committee, drawn from testimony spanning 800 witnesses and thousands of pages of government documents, revealed how powerful government surveillance tools were misused against the American people. For instance, the FBI’s COINTELPRO operation spent more than two decades searching in vain for communist influence in the NAACP and infiltrated domestic groups that, for example, advocated for women’s rights. The Church committee’s work led to creation of the Senate Select Committee on Intelligence and later to the Foreign Intelligence Surveillance Act–reforms that largely held until the Bush years. (See George W. Bush’s biggest economic mistakes.)

The parallels with today are clear, and so are the lessons. Then, as in recent years, some were willing, in the name of security, to trade away the people’s rights as if they were written in sand, not stone. For much of this decade, we have read about and witnessed such abuses as the scandal at Abu Ghraib, the disclosure of torture memos and the revelations about the warrantless surveillance of Americans.

So what is to be done about the abuses of the Bush years? Some say do nothing, and a few Senators even tried to make Attorney General Eric Holder promise in his confirmation hearings to launch no prosecutions for Bush-era lawbreaking. At the opposite end of the spectrum, others say that even if it takes many years and divides the country and distracts from the urgent priority of fixing the economy, we must prosecute Bush Administration officials to lay down a marker. The courts are already considering congressional subpoenas that were issued earlier as well as claims of privilege and legal immunities. Those cases will stretch out for some time, as would prosecutions–taking even a decade or longer. Moreover, it is easier for prosecutors to net those far down the ladder than those at the top, who set the tone and the policies.

There is another option, a middle ground whose overarching goal is to find the truth: we need to get to the bottom of what happened–and why–to make sure it never happens again.

One path to that goal is to appoint a truth-finding panel. We could develop and authorize a person or group of people universally recognized as fair-minded and without an ax to grind. Their straightforward mission would be to find the truth. People would be invited to come forward and share their knowledge and experiences, not for purposes of constructing criminal indictments but to assemble the facts. If needed, such a process could involve subpoena powers and even the authority to obtain immunity from prosecution in order to get to the whole truth.

During the past several years, the U.S. has been deeply divided. This has made our government less productive and our society less civil. President Obama is right in saying that we cannot afford extreme partisanship and debilitating divisions. As we commemorate the Lincoln bicentennial, there is a need, again, “to bind up the nation’s wounds.” Rather than vengeance, we need an impartial pursuit of what actually happened and a shared understanding of the failures of the recent past.

This is not a step to be taken lightly. We need to see whether there is interest for this in Congress and the new Administration. We need to work through concerns about classified information and claims of Executive privilege. Most of all, we need to see whether the American people are ready to take this path.

In the meantime, Congress will work with the Obama Administration to fix those parts of our government that went off course. But to repair the damage of the past eight years and restore America’s reputation and standing in the world, we should not simply turn the page without being able first to read it. A recent USA Today/Gallup poll showed that more than 60% of Americans agree that investigating the failed national-security policies of the past eight years should be considered.

Two years ago, I described the scandals of the Bush-Cheney-Gonzales Justice Department as the worst since Watergate. They were. We are still digging out from the debris. We need to get to the bottom of what went wrong after a dangerous and disastrous diversion from American law and values. The American people have a right to know what their government has done in their names.

Leahy, a six-term Democratic Senator from Vermont, is a former prosecutor and the chairman of the Senate Judiciary Committee

Leading article: Obama, tell us the whole truth

February 22, 2009

The Independent, UK, Sunday, Feb 22. 2009

‘Having considered the matter, the government adheres to its previously articulated position.” With these words, Acting Assistant Attorney General Michael Hertz ended a dream. The dream that Barack Obama’s presidency would inaugurate a transcendent world order on a new moral plane.

Late on Friday Mr Hertz told the Washington district court that the Obama administration maintained President Bush’s view that prisoners held at Bagram air base in Afghanistan could not challenge their detention in US courts. For the cynics, this is “a previously articulated position you can believe in”.

This newspaper was not so naive as to imagine that President Obama would immediately conform to the most scrupulous interpretation of US and international law. We are pleased that he has ordered the closure within a year of Guantanamo Bay, halted military trials and restricted CIA interrogators to Army Field Manual techniques. But the refusal to grant legal rights to detainees at Bagram is disappointing.

The US Supreme Court ruling in 2004 that prisoners in Guantanamo had the right to take their cases to US courts ended the anomalous status of the prison camp in Cuba. President Bush’s attempt to create a legal limbo outside the American and international legal systems had failed. But he continued to try to deny legal rights to prisoners not just in Guantanamo but in Iraq and Bagram, too.

Mr Obama’s closure of Guantanamo therefore smacks more of fulfilling a symbolic pledge than following it through. The Bush administration’s legal case was transparently unconvincing. It argued that detainees were “enemy combatants” being held until hostilities ceased. If so, they should have been entitled to the protections of the Geneva Conventions on the rights of prisoners of war. Yet President Bush resisted even that, and now President Obama represents continuity with that policy.

Indeed, Elena Kagan, Mr Obama’s nominee for Solicitor General, said during her confirmation hearing that someone suspected of helping to finance al-Qa’ida should be subject to battlefield law – indefinite detention without trial – even if captured in the Philippines, say, rather than a battle zone.

Nor is this the first disappointment of Obama’s presidency. Earlier this month, a government lawyer stuck to the Bush line in a case brought by Binyam Mohamed, the British resident expected home from Guantanamo tomorrow – about whom Clive Stafford Smith writes today. Mohamed and others are suing a subsidiary of Boeing for arranging “extraordinary rendition” flights, by which they were taken secretly to other countries where they say they were tortured.

The Bush administration had argued that the case should be dismissed because discussing it in court could threaten national security and relations with other nations. When the case resumed after President Obama’s inauguration, the judge asked the Justice Department’s lawyer if “anything material” had happened to change that view. “No, your Honour,” came the reply. The position he continued to take, he said, had been “thoroughly vetted with the appropriate officials within the new administration”.

What is more, Leon Panetta, Mr Obama’s nominee as CIA director, charged with ending the use of torture techniques such as waterboarding by US agents, said that the agency is likely to continue to transfer detainees to third countries. It would rely on the same assurances of good treatment on which the Bush administration depended.

The Independent on Sunday supports the military action to defend the people of Afghanistan. We accept that there are some difficult practical issues, not least caused by the impossibility of fair legal proceedings against existing detainees on account of their past mistreatment. And we recognise that, since Mr Obama’s inauguration, the glass of justice is fuller than it was.

But the case for respecting human rights remains unanswerable. Brutality, torture and long detention without trial are all not just morally repugnant but counterproductive. That is an argument President Obama himself made when he was running for office. Yet he has said nothing about the disappointing retreats from those high principles made on his behalf by subordinates in the past three weeks.

Gregory Craig, the White House counsel, said last week that the new President intended to avoid “bumper sticker slogans” in deciding what to do with the counterterrorism policies he inherited. Human rights and the rule of law are not bumper sticker slogans. For the sake of the struggle against extremism, Mr Obama needs urgently to deploy his thoughtfulness and great eloquence in explaining just where he stands.