By William Fisher | Inter Press Service
NEW YORK, May 11 (IPS) – Civil libertarians are condemning a call by two influential U.S. senators for the White House to block the impending release of photographs showing detainees being abused by U.S. military personnel at the notorious Abu Ghraib prison in Iraq and at other U.S. detention facilities in the Middle East and elsewhere.
The plea to intervene to stop the expected May 28 release of the photos came in a letter to President Barack Obama from Senators Joseph Lieberman and Lindsey Graham.
“The release of these old photographs of past behavior that has now been clearly prohibited will serve no public good, but will empower al Qaeda propaganda operations, hurt our country’s image, and endanger our men and women in uniform,” the Senators wrote.
Release of the photos is expected in response to a Freedom of Information Act lawsuit filed by the American Civil Liberties Union.
“We urge you in the strongest possible terms to fight the release of these old pictures of detainees in the war on terror, including appealing the decision of the Second Circuit in the ACLU [American Civil Liberties Union] lawsuit to the Supreme Court and pursuing all legal options to prevent the public disclosure of these pictures,” the senators wrote.
Their letter said, “We know that many terrorists captured in Iraq have told American interrogators that one of the reasons they decided to join the violent jihadist war against America was what they saw on al Qaeda videos of abuse of detainees at Abu Ghraib.”
As a result of the ensuing actions by Congress, “America’s soldiers, sailors, airmen and marines have made great progress in improving detention and interrogation procedures,” they wrote.
Senator Graham is a conservative Republican from South Carolina, a member of the Armed Services Committee, and a military lawyer in the U.S. Air Force Reserve.
Lieberman was a lifelong Democrat until he lost his party’s primary contest in 2006, after which he ran and won as an Independent from Connecticut. He is chairman of the powerful Senate Homeland Security Committee. The two senators were among the most ardent supporters of the recent unsuccessful presidential campaign of Senator John McCain.
Civil libertarians were virtually unanimous in their opposition to withholding the photographs.
Gabor Rona, international legal director of Human Rights First, told IPS, “Sen. Lieberman and Graham’s claims might carry more weight had the U.S. government been consistently honest about the mistreatment it authorised.”
“But as long as the American people are kept in the dark about what crimes were committed in their name, they cannot intelligently exercise their democratic right and obligation to call for corrective measures,” he said.
Rona added, “To elevate fear of al Qaeda’s reactions over faith in our democratic ideals and structures is unfortunate and counterproductive.”
Marjorie Cohn, president of the National Lawyers Guild, told IPS, “The more evidence that emerges to document the Bush policy of torture and abuse, the more likely that investigations and prosecutions will take place.”
Professor Francis A. Boyle of the University of Illinois Law School told IPS, “The release of these photos will further document torture, abuse and other war crimes inflicted by U.S. military personnel in Iraq, the orders for which go all the way up the military chain of command to the Commander in Chief President Bush, the Secretary of Defence Donald Rumsfeld, and Lt. Gen. Ricardo Sanchez, none of whom has yet been held accountable.”
He said, “Senators Lieberman and Graham are simply running interference for all three of them. Yet under the terms of the Four Geneva Conventions of 1949 and the Convention against Torture, the Obama administration has an obligation to open an investigation and to prosecute them. Failure to do so is a war crime in its own right.”
“These photographs provide visual proof that prisoner abuse by U.S. personnel was not aberrational but widespread, reaching far beyond the walls of Abu Ghraib,” said attorney Amrit Singh of the ACLU, the organisation that originally brought the lawsuit under the Freedom of Information Act (FOIA).
“Their disclosure is critical for helping the public understand the scope and scale of prisoner abuse as well as for holding senior officials accountable for authorising or permitting such abuse,” she said.
Lieutenant General Ricardo S. Sanchez, now retired, served as the V Corps commander of coalition forces in Iraq from June 2003 to June 2004. When he retired in November 2006, he called his career a casualty of the Abu Ghraib scandal.
The disagreement over release of the photos reflects conflicting assessments of which is more dangerous and objectionable – the release of the photographs or the abusive behaviour that they depict.
It also turns on unresolved questions concerning the scale of prisoner abuse by U.S. personnel, and the nature of the public accounting that can or should be required.
The original Abu Ghraib photos were first exposed to the public in a 2006 segment of the television program, “Sixty Minutes,” and shortly thereafter in an extensive article by investigative reporter Seymour Hersh in The New Yorker magazine.
The images showed Iraqi prisoners hooded, with electrodes attached to their bodies, being menaced by dogs, forced to walk with dog collars around their necks, and made to form pyramids of naked bodies. Existence of the images was first reported by a low-level U.S. Army soldier.
The military conducted more than a dozen investigations of the abusive practices, which then Defence Secretary Donald Rumsfeld attributed to the aberrations of “a few bad apples.” A number of low-level soldiers were convicted and sentenced to terms in military prisons, a few others were given official reprimands, and the brigadier general who was in charge of the prison was demoted to colonel.
The Defence Department investigations concluded that no one higher up in the military or civilian leadership of the Pentagon bore any responsibility for the abuses.
While the contents of the new photos have not been made public, it is known that members of Congress viewed them in a classified setting when the original Abu Ghraib images were released. Some have said publicly that the new photos paint an even grimmer picture of prisoner abuse, not only at Abu Ghraib but also at other U.S.-controlled prisons in the Middle East.
It is unclear whether the new crop of photos includes those taken by psychologist Philip Zimbardo. As an expert witness in the defense of an Abu Ghraib guard who was court-martialed, he had access to many of the images of abuse that were taken by the guards themselves.
Zimbardo assembled some of these pictures into a short video. Many of the images are explicit and gruesome, depicting nudity, degradation, simulated sex acts, and guards posing with decaying corpses.
The original Abu Ghraib photos were broadcast around the world long before it became known that U.S. authorities, including the Central Intelligence Agency, were using waterboarding and other “enhanced interrogation techniques” at the Navy detention centre at Guantanamo Bay, Cuba, in Afghanistan, and at secret prisons in Eastern Europe and elsewhere.
An Israeli resister faces prison
May 12, 2009Neve Gordon, who teaches politics at Ben-Gurion University, reports on the case of Ezra Nawi–an Israeli activist who has been ridiculed and arrested for trying to protect the homes of Palestinians.
Socialist Worker, May 12, 2009
WITHOUT INTERNATIONAL intervention, Israeli human rights activist Ezra Nawi will most likely be sent to jail.
Visit the Support Ezra Nawi Web site for information about the case or to make a donation to Nawi’s defense campaign.
Nawi is not a typical rights activist. A member of Ta’ayush Arab-Jewish Partnership, he is a Jewish Israeli of Iraqi descent who speaks fluent Arabic. He is a gay man in his fifties and a plumber by trade. Perhaps because he himself comes from the margins, he empathizes with others who have been marginalized – often violently.
His “crime” was trying to stop a military bulldozer from destroying the homes of Palestinian Bedouins from Um El Hir in the South Hebron region. These Palestinians have been under Israeli occupation for almost 42 years; they still live without electricity, running water and other basic services and are continuously harassed by Jewish settlers and the military–two groups that have united to expropriate Palestinian land and that clearly have received the government’s blessing to do so.
As chance would have it, the demolition and the resistance to it were captured on film and broadcast on Israel’s Channel 1. The three-minute film–a must see–shows Nawi, the man dressed in a green jacket, not only courageously protesting against the demolition but, after the bulldozer destroys the buildings, also telling the border policemen what he thinks of their actions. Sitting handcuffed in a military vehicle following his arrest, he exclaims: “Yes, I was also a soldier, but I did not demolish houses…The only thing that will be left here is hatred.”
The film then shows the police laughing at Nawi. But in dealing with his audacity, they were not content with mere ridicule and decided also to accuse him of assaulting a policeman. Notwithstanding the very clear evidence (captured on film), an Israeli court recently found Nawi guilty of assault in connection with the incident, which happened in 2007, and this coming July he will be sent to prison. Unless, perhaps, there is a public outcry.
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NAWI’S CASE is not only about Nawi. It is also about Israel and Israeli society, if only because one can learn a great deal about a country from the way it treats its human rights and pro-democracy activists.
Most people are not really surprised when they read that human rights activists are routinely arrested, prosecuted, imprisoned and harassed in Syria, Egypt , Saudi Arabia, Morocco and several other Middle Eastern countries. Indeed, it has become common knowledge that the authoritarian nature of these regimes renders it dangerous for their citizens to actively fight for human rights.
In this sense, Israel is different from most of its neighbors. Unlike their counterparts in Egypt and Syria, Israeli rights activists, particularly Jewish ones, have been able to criticize the policies of their rights-abusive government without fear of incarceration. Up until now, the undemocratic tendencies of Israeli society manifested themselves, for the most part, in the state’s relation to its Palestinian citizens, the occupied Palestinian inhabitants and a small group of Jewish conscientious objectors.
People might assume that Nawi’s impending imprisonment as well as other alarming developments (like the recent arrest of New Profile and Target 21 activists, who are suspected of abetting draft-dodgers) are due to the establishment of an extreme right-wing government in Israel. If truth be told, however, the rise of the extreme right merely reflects the growing presence of proto-fascist elements in Israeli society, elements that have been gaining ground and legitimacy for many years now.
Nawi’s case, for what it symbolizes on both an individual and societal level, encapsulates the current reality in Israel. His friends have launched a campaign, and are asking people to write letters to Israeli embassies around the world. At this point, only international attention and intervention can make a difference.
First published in the Guardian.
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