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.

Dozens of CIA “Ghost Prisoners” Missing

April 26, 2009

By William Fisher | Inter Press Service News

NEW YORK, Apr 24 (IPS) – At least three dozen detainees who were held in the CIA’s secret prisons overseas appear to be missing – and efforts by human rights organisations to track their whereabouts have been unsuccessful.

The story of these “ghost prisoners” was comprehensively documented last week by Pro Publica, an online investigative journalism group.

In September 2007, Michael V. Hayden, then director of the CIA, said, “fewer than 100 people had been detained at CIA’s facilities.” One memo released last week confirmed that the CIA had custody of at least 94 people as of May 2005 and “employed enhanced techniques to varying degrees in the interrogations of 28 of these.”

Former President George W. Bush publicly acknowledged the CIA programme in September 2006, and transferred 14 prisoners from the secret jails to Guantanamo. Many other prisoners, who had “little or no additional intelligence value,” Bush said, “have been returned to their home countries for prosecution or detention by their governments.”

But Bush did not reveal their identities or whereabouts – information that would have allowed the International Committee for the Red Cross to find them – or the terms under which the prisoners were handed over to foreign jailers.

The U.S. government has never released information describing the threat any of them posed. Some of the prisoners have since been released by third countries holding them, but it is still unclear what has happened to dozens of others, and no foreign governments have acknowledged holding them.

Gitanjali Gutierrez, an attorney with the Centre for Constitutional Rights (CCR), which represents Majid Khan, a former ghost detainee at Guantánamo, told IPS, “The Obama administration must change course from its ‘forward-looking’ path because it leaves too many critical questions unanswered, including those about the fate of ghost prisoners held by the United States.”

“The United States is strong enough to examine the CIA and other agencies’ activities, to punish individuals who violated our laws, and to ensure that our nation does not slip to the dark side again,” she said.

Pro Publica reported that former officials in the Bush administration said that the CIA spent weeks during the summer of 2006 – shortly before Bush acknowledged the CIA prisons and suspended the programme – transferring prisoners to Pakistani, Egyptian and Jordanian custody.

The organisation said the population inside the programme had been shrinking since the existence of the prisons was detailed in a Washington Post article in November 2005. Renewed diplomatic relations between the U.S. and Libya in May 2006 made it possible for the CIA to turn over Libyan prisoners to Moammar Gadhafi’s control.

Joanne Mariner, director of the Terrorism and Counterterrorism Programme at Human Rights Watch, said, “If these men are now rotting in some Egyptian dungeon, the administration can’t pretend that it’s closed the door on the CIA programme.”

“Making the Justice Department memos on the CIA’s secret prison programme public was an important first step, but the Obama administration needs to reveal the fate and whereabouts of every person who was held in CIA custody,” she said.

The Red Cross has had access to and documented the experiences of only the 14 so-called “high value detainees” who were publicly moved out of the CIA programme and into the prison at Guantanamo Bay.

In June 2007, human rights groups released the names of three dozen people whose fates remained unknown.

“Until the U.S. government clarifies the fate and whereabouts of these individuals, these people are still disappeared, and disappearance is one of the most grave international human rights violations,” said Margaret Satterthwaite, a law professor at New York University. “We clearly don’t know the story of everyone who has been through the programme. We need to find out where they are and what happened.”

In a related development, the American Civil Liberties Union (ACLU) has asked the Obama administration to make public records pertaining to the detention and treatment of prisoners held at the Bagram Airfield in Afghanistan.

The ACLU filed a Freedom of Information Act (FOIA) request for records pertaining to the number of people currently detained at Bagram and their names, citizenship, place of capture and length of detention. The ACLU is also seeking records pertaining to the process afforded those prisoners to challenge their detention and designation as “enemy combatants.”

“The U.S. government’s detention of hundreds of prisoners at Bagram has been shrouded in complete secrecy. Bagram houses far more prisoners than Guantánamo, in reportedly worse conditions and with an even less meaningful process for challenging their detention, yet very little information about the Bagram facility or the prisoners held there has been made public,” said Melissa Goodman, staff attorney with the ACLU National Security Project.

She told IPS, “Without transparency, we can’t be sure that we’re doing the right thing – or even holding the right people – at Bagram.”

Recent news reports suggest that the U.S. government is detaining more than 600 individuals at Bagram, including not only Afghan citizens captured in Afghanistan but also an unknown number of foreign nationals captured thousands of miles from Afghanistan and brought to Bagram.

Some of these prisoners have been detained for as long as six years without access to counsel, and only recently have been permitted any contact with their families. At least two Bagram prisoners have died while in U.S. custody, and Army investigators concluded that the deaths were homicides.

“When prisoners are in American custody and under American control, no matter the location, our values and commitment to the rule of law are at stake,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project. “Now that President Obama has taken the positive step of ordering Guantánamo shut down, it is critical that we don’t permit ‘other Gitmos’ to continue elsewhere.”

The ACLU’s request is addressed to the Departments of Defence, Justice and State, as well as the CIA.

A federal judge recently ruled that three prisoners being held by the U.S. at Bagram can challenge their detention in U.S. courts, in habeas corpus suits brought by a group of human rights legal advocates.

The prisoners, who were captured outside of Afghanistan and are not Afghan citizens, have been held there for more than six years without charge or access to counsel. The Obama administration is appealing the ruling.

Does Pakistan need more religion?

April 25, 2009

Babar Sattar | The News International, Saturday, April 25, 2009

An assumption underlying the debate over our sprawling Talibanisation has been that enforcement of Sharia is a good thing, just not the Taliban brand of Sharia. But how can we know whether a majority of Pakistanis want Sharia to be “enforced” upon them when we have never had a candid debate on the role of religion in this country?

As a state and a society we have put in place a coercive environment where it is heretical to question any social, political or economic agenda articulated in the name of Islam. Our self-enforced inhibition to debate the role of religion in defining the relationship between the citizen and the state in Pakistan is not only breeding and reinforcing religious intolerance in the country but has created an environment where any political agenda camouflaged as a programme for enforcement of Sharia automatically acquires prima facie legitimacy without any scrutiny of the merits of such agenda or its Islamic credentials.

Sufi Mohammed and other semi-literates who support armed jihad, wear a beard and possess a bully pulpit, have arrogated to themselves the divine right to speak in the name of God. These self-styled guardians of Islam have no qualms about openly declaring that anyone opposed to their political agenda is a “fasid,” “mushrik” or “kafir” who automatically stands ousted from the realm of Islam and is liable to be killed. Even when Sufi Mohammed declared that the MQM was a heretical party and our Parliament and judicature constituted an un-Islamic system, our prime minister and other parliamentarians refused to respond to such “personal opinion” of the new emir of Swat.

The elites in Pakistan and mainstream political parties have shown a tendency not to engage in religious discourse. No one wishes to get on the wrong side of the maulvi, who might be an underdog in terms of our societal power dynamics but has accumulated considerable nuisance value over the decades. There has been no focus in Pakistan on the education and training of the maulvi, who is generally drawn from the more deprived sections of the society and drifts towards madrasa or mosque in seeking a full-time vocation in the absence of any alternative prospect of upward professional or social mobility. And yet he has access to the podium in the mosque and the ability to influence the thinking of those who pray behind him, as his legitimacy is a consequence of his position in the mosque, and not derived from his credentials as a scholar of Sharia or Fiqh.

There is religious discourse in the country. But the Parliament or the more educated and progressive sections of the society are neither defining the contours of this discourse nor engaging with it. The consequence is the proliferation of a brand of faith that is seen as being retrogressive and cruel, and that huge sections of the society do not own up or relate to. The village maulvi has been offering half-baked solutions to the complex problems afflicting Pakistan for decades. The Taliban are now doing the same, except that they have also acquired control and monopoly over means of coercion in many parts of Pakistan and thus have the ability to implement their obscurantist agenda. Instead of proposing solutions inspired by Islamic values to the myriad problems of a complex society the Taliban are determined to slap the rest of their compatriots to an ancient time and create a medieval society that simply doesn’t have complex problems.

The crude concept of penal justice and social justice that the Taliban are marketing could be appealing to some deprived, disempowered and disgruntled sections of the society that have lost faith in the ability and will of the state to protect and promote their interests. But the problems that we confront today are the products of a moth-eaten dysfunctional system of governance and not the lack of piety or religion in the country. Forcing people to pray publicly, bullying men into wearing a beard and tying the “shalwar” higher than is customary, and shrouding or shunning women to their homes and excluding them from public life will not make our problems go away. Even assuming for a minute that the freedom and liberty that many value within the society is overrated, what is it that enforcement of some new Sharia system will enable us to do and how is our present constitutional system holding us back?

Over 96 percent of the citizens of Pakistan are Muslims. Some abide by a maximal view of religion and wish to be informed by the texts of the Quran and the Sunnah in performing each and every act in their daily lives. Some follow a minimalist view and while following the mandatory injunctions of Islam they believe to have been endowed with choices and discretion to order their lives. Some acknowledge the mandatory nature of various injunctions of Islam, but lack the discipline or the will to comply with such injunctions. Many are confused about the role religion should play in their public lives and still others are convinced that religion is a private matter between the person and his Creator and has no role in dictating public choices that a community makes as a collectivity. How, then, do we conclude so readily that a majority of the citizens of Pakistan wish Sharia to be “enforced” in the country?

The question of Sharia enforcement must be distinguished from the debate on whether or not Pakistan should be a secular state–i.e., one where the state is legally separated from religion and maintaining a neutral position neither promotes nor prohibits religion. The question being posed here is whether we should be a Muslim nation-state or endeavour to become an Islamic state. We are presently a Muslim nation-state simply by virtue of the fact that our overwhelming majority is Muslim. Islamic rituals and Sharia is already a part of Muslim households, with birth, death, marriage, divorce and inheritance being dealt with in Islamic tradition together with varied compliance with other rituals of Islam. We have a Constitution that states that Islam is the religion of the state and that Muslims shall be “enabled” to order their lives in accordance with the teachings and requirements of Islam.

We have constitutionally created the Council of Islamic Ideology comprising celebrated religious scholars of the country to advise the executive and the legislature on whether any laws are repugnant to Islam. We have a Federal Shariat Court that adjudicates issues that deal with or require enforcement of Islamic law and we have a Shariat Bench as part of our Supreme Court to sit in appeal over decisions of the Federal Shariat Court. Thus, we would have been a Muslim nation-state if we didn’t have institutionalised arrangements to formally incorporate Islamic edicts within our law and jurisprudence. But as an Islamic state we have acquiesced in a minimalist view of religion, whereby any law or ruling repugnant to Islam is to be struck down; but in areas where there is no binding Islamic edict, representatives of the people have the discretion to determine what the law should be. What, then, is enforcement of Sharia meant to achieve? Given that all Muslims agree that there is an obligation to offer prayers five times a day, should we promulgate a law requiring the state to flog whoever fails to say such prayers?

Is it desirable to remove the sensible distinction between a crime and a sin and require the state to step into the shoes of God and sit in judgment over the piety of citizens and punish those found wanting? And, given that Islam as a religion hasn’t bestowed the authority on any individual or institution to speak authoritatively in the name of God or render one authentic interpretation of the edicts enshrined in the Quran and Sunnah, who will determine which conception of Sharia is the legitimate one? Can the state, then, authorise or tolerate one group of people coercing others into complying with their conception of Sharia or itself get into the business of defining a legally binding concept of Sharia? Should the state expand its existing constitutional mandate of ‘enabling’ citizens to order their lives in accordance with Islamic teachings to get into the business of “enforcing” a certain conception of individual Islamic obligations of Muslims?

The liberals in Pakistan continue to reiterate Jinnah’s vision for a secular Pakistan and his speech of Aug 11, 1947, emphasising that the state would have nothing to do with religion. But even if we concede for a moment that “Pakistan ka matlab kya, la illa ha illallah” summarises the true purpose of Pakistan’s creation, the slogan means different things to different people. There is urgent need for us to have an open public debate in the country to evolve a consensus over the role that the state can, and should, legitimately plan in relation to Islam. So long as we continue to abdicate the responsibility of defining for ourselves the manner in which we wish the state and religion to interact in Pakistan out of timidity, laziness or indifference, obscurantists, bigots and vigilantes who neither have the ability nor the inclination to develop the concept of a modern Muslim nation-state will continue to hijack religion to pursue invidious political and personal agendas.

The writer is a lawyer based in Islamabad. He is a Rhodes scholar and has an LL.M from Harvard Law School.

Religion and Pakistan Problem

April 25, 2009

By Badri Raina | ZNet, April 25, 2009

Badri Raina’s ZSpace Page

Without religion, you would have good people doing good things, and evil people doing evil things. But for good people to do evil things, it takes religion.”

—Steven Weinberg

I

Nowhere is the truth of Weinberg’s insight more commonly and more globally apparent than during times of inter-community violence in one part of the world or another.

Routinely during India’s routine “communal riots,” it is seen that there are those who weapon in hand, set out to kill in the name of their religion, and, others who, despite belonging to the same religion, seek to save the hapless victims because they happen to be just good-natured human beings first.

The argument is not that individuals may not practice the tenets of a religion, but that it is only when common humanity sets religion aside that anything good gets done.

If I am writing this, it is because when the first tribal attack happened on Kashmir in 1947, it was our own Kashmiri Muslims who saved so many of us Hindus from the depredations of their co-religionist attackers.

Just as in the Gujarat pogrom of 2002, many desperate Muslims found safety in Gujarati Hindu homes.

On a larger scale, often good people in great office are known to pursue vicious ends with the self-righteous sanction of some self-defined religious impulse.

Voices come to them which decree that this country or that be assaulted forthwith if the world is to be saved for some “noble” end. That those so-called “noble” ends often turn out to be crassly ignoble of course remains a truism of organized histories.

Millions, we are tutored by god’s own leaders, must die so that other millions be saved for the good life. Or else why would Hiroshima have happened? And, soon after Nagasaki, without a hint of remorse at or recognition of the meaning of the first catastrophe.

It is for such reasons that the accreted experiences of collective life and strife were to persuade humanist theorists that whereas human beings are free to have and practice religions, the one thing that the State must never have is religion. It would be so much nicer if it also had no armaments. But that is another, though a closely related, story.

That after all was the idea that was to translate into the notion of human beings as secular citizens, subject to secular laws which were made by common consent and with universal applicability.

And made by institutions which embodied the “general will” rather than some sectarian interest over which only some self-appointed closet Authority had the first and last say.

Pandit, Pope, or Mullah. Or the Dictator blessed by them, blessing them in turn.

Authority which drew its sanction from some permanently unverifiable intimacy with god. For in that scheme of things that which remains forever absent must come to be seen as having absolute sway over everything that is present or available to human determination. And through the unchallengeable agency of god’s self-appointed interlocutors.

The pity of it all is that this notion of Authority tends repeatedly to find favour with the high and mighty who fear the consequences of democracy.

And in many ivy league academies it is not unusual to find high-priests of culture who hold, breathtakingly, the view that whereas poetry must be deeply personal and private, or that literary texts ought to be read principally as coded offerings with transcendent meanings, or as inconsequentially dull or pleasurable distractions, religion we require to suffuse our collective social and political lives, and indeed, when the time comes, to kill and pillage without suffering guilt or shame. Or, indeed, doubt.

That such worthies have often been discovered, finally, to have been on the side of the fascists should be no surprise.

Which is not to say that there have not been godless atheists who have not wrought mayhem upon the world. That they did not do so under the cloak of religious sanction, or at god’s command, however, left them rather more naked to scrutiny and opprobrium than those who have killed and who kill in the name of god and religion.

How often and how conveniently they have pleaded that they may not be held responsible, since they had no axe of their own to grind, being mere agents of some divine command. Command that never is susceptible to interception, however evolved the snooping technologies of the world. No satellite thus far that could bring us the gleam in god’s hinting eye.

II

Even now there are those in the “Christian” world who believe that the State should essentially be driven by Biblical injunctions. Meaning of course only those injunctions which suit their class purposes: “give unto Caesar what is Caesar’s,” but never “it is as difficult for a rich man to go to heaven as for a camel to pass through the eye of the needle,” or “do unto others as you would have others do unto you,” or “blessed are the meek, for their’s is the kingdom of heaven,” and “lay not thy treasure upon the earth,” etc.,

Thus many in America still hold to the view that the “American Dream” has had behind it a divine sanction, especially as deriving from such exegeses of the business of Christianity as provided in the work of the theologian, John Calvin. After all, it must have seemed providential to the Puritans escaping religious persecution in Europe to find a whole “empty” continent ready and waiting for them.

As to the natives who had been there over millennia, their time had clearly come to yield the continent to god’s chosen people!

With an acumen marvelously apposite to Capitalism, Calvin was to argue that human beings could not be saved on the day of Judgement either by the “good works” they had done, or because of the “faith” they had felt, however intensely, be it. Such matters, he argued, were all “pre-determined” by god.

And, thus, whereas the homo sapien could never have any free will in matters spiritual, he was totally his own man in matters temporal. From thence you can see how Manhattan came to be.

And that, therefore, like the ‘divine right of kings’ of pre-capitalist times in Europe, the American State has a similar divine right to make or break all the laws that must govern the fallen world elsewhere.

Yet, the salutary fact remains that over some two hundred years of practicing democracy, it is hardly imaginable that America will be allowed by the American “general will” to become a theocracy. Thank god for that one certainty.

The Zionists in Israel have of course an even more ancient divine claim to make to the land of Palestine, don’t we know.

But even there, all the calumnies notwithstanding, there are enough fissures and fractures and dissensions that may not be stilled violently within the democracy they practice.

That such democracy is most of the time not to be made available to Arab Israelis is of course another matter. What is to the point here is that the critiques of official dogmas which exist in that State among the Jewish media and intelligentsia, extending sometimes to bold, radical opposition, is not subject to the fear of the loss of limb and life on behalf of the state.

In India, likewise, there are those who wish still to convert the secular nation-state into a Hindu Rashtra. Never a day passes when in some part or the other of the country we do not hear from them, in lesser or greater degree of barbarism. Now vandalizing churches, now demolishing mosques, now chasing and roughing up women in pubs, or art galleries and inimical cultural activists, now going for wholesale loot, burn, and kill pogroms.

Yet, the fact remains that the organized political force which represents that view fails to get the electoral endorsement of some 70% of Hindus. And more especially, thanks to a secular Constitution and to secular institutions of State, their’s remains an unrealizable project, because unauthorized by state ideology for now.

And thanks in large measure also to the fact that the armed forces in India have no religious axes to grind.

The fact of India’s secular Constitution always puts the Hindutva brigade in the wrong, and lends legitimacy to the exertions of those who seek to foil the totalitarian-racist agenda of Hindutva.

III

In an earlier column on the issue (The Pakistan Problem, ZNet, April 08, 2009) I had argued that, after all the micro-level analyses of the situation in that embroiled country, the fundamental source of what is happening there resides in the Pakistani State’s ambiguity about itself. An ambiguity, for example, which does not bedevil Saudi Arabia or Iran who remain full-bloodedly Islamic.

To wit, does the legitimacy of the State in Pakistan derive from secular and egalitarian principles of citizenship and a secular regime of laws and institutions, or must it in turn still seek legitimation from a theocratic idea which supersedes what mere legislators decree?

It should be obvious that the victory of secular parties in recent Pakistani general elections notwithstanding, the question remains a moot one. Or else why would the world be witness to the extraordinary occurrence of a whole swathe of territory being officially allowed to practice Islamic Sharia dispensations rather than the systems of justice available in metropolitan Pakistan?

It is to be doubted whether even a majority, single-party BJP government at the centre in Delhi would formally say to Narendra Modi in Gujarat, “go, you are now free to institute a Hindu Rashtra in Gujarat, delinked from the secular Constitution of India,” although such may remain its nefarious, subterranean goal. But that is in large measure due to the fact that the Constitution of the Indian Republic is unambiguously secular in the first place.

Just to recall that in Pakistan the Hudood laws brought on the books during the Zia-ul-Haq regime, chiefly to render women disenfranchised chattel, have not exactly disappeared from those books.

And, having tasted blood in the Swat valley of the North West Frontier Province, the Taliban cleric, Sufi Mohammed, has gone on to make a more fundamental proposition—one that informs the anxiety of this column and the earlier column I wrote.

Succintly, the Sufi has postulated that democracy is an un-Islamic system (HT, April, 20).

And thereby hangs the tale to which I think attention requires to be drawn with more honesty and rigour than seems either available or palatable.

Put simply, it was my argument in the previous column that this is precisely the postulation that all those in and out of governance in Pakistan who stand by democracy need to confront.

To put the matter sharply: having successfully defeated a dictatorship, are they now willing to lose out to theocracy?

It was also another part of the same argument that this confrontation cannot be engaged in or won if the battle is joined on the turf laid out by those who hold that Pakistan being an “Islamic Republic” must self-evidently abide by Islamic Fiqh (jurisprudence) rather than by such tenets of law and citizenship that derive from the Enlightenment.

And the fact that Pakistan does formally continue to be an “Islamic Republic” only must lend strength and legitimacy to the Taliban argument rather than to the exertions of those among Pakistan’s rights groups and westernized elites who seek a destiny of “modernity” for their country. Not just in technological terms, but as principles of social and legal behaviour, and of State policy.

Needless to say, the attempt to meet the Taliban argument half-way, as it were, bears as little logic or promise of success in Pakistan as for us in India to grant with any modicum of compromise the perception that India is essentially a Hindu nation.

The difference is that Pakistan seemingly teeters on the edge of a paradigm shift. Sooner than later, that shift will have to happen, one way or another. It may not be able to linger too long in the area of ambiguity.

Depending on what option it chooses, there cannot but be consequences. Should it choose to go over with full scope and honesty to Islamic statehood, we may have losers of one kind. But should it choose to strive for a secular statehood, the losers may be of another kind.

And, depending on who loses and who wins, the consequences for Pakistan, the sub-continent, and the world in general will not but be also suitably momentous.

As things are shaping, it seems less and less likely that Pakistan can procrastinate forever, or find answers merely in a discourse of accommodation, however adroitly articulated. Or, indeed, deflect the problematic by foregrounding its enmity with India as its primary antagonism.

In the final analysis, Islamism and democracy may indeed find themselves at irreconcilable loggerheads, as the good Sufi Mohammed suggests. Religion, we submit may bring solace to the individual soul; it only brings disaster to nations and states when it is made their chief informing principle.

badri.raina@gmail.com

Congress not likely to form panel on alleged torture

April 25, 2009
Reid, Pelosi

Alex Brandon / Associated Press; David Paul Morris / Bloomberg News
Senate Majority Leader Harry Reid wants to let a Senate panel finish its work. House Speaker Nancy Pelosi wants an independent inquiry.
Alex Brandon / Associated Press; David Paul Morris / Bloomberg News
Senate Majority Leader Harry Reid wants to let a Senate panel finish its work. House Speaker Nancy Pelosi wants an independent inquiry.
Senate Majority Leader Harry Reid and President Obama oppose the idea, but several prominent Democrats disagree.

Reporting from Washington — Congress is unlikely to form an independent panel to study the Bush administration’s program of harsh interrogations of terrorism suspects now that President Obama and Senate Majority Leader Harry Reid have voiced opposition to the idea.

Reid (D-Nev.) said he preferred to allow the Senate Intelligence Committee to finish its investigation of the Bush-era practices before taking further action. That could take the rest of the year, he said. Different approaches for two men at center of 'torture memo' controversy

Obama told congressional leaders Thursday that he thought an independent inquiry would create a distraction from his legislative agenda.

Obama’s and Reid’s stances are at odds with those of several prominent Democrats, including House Speaker Nancy Pelosi (D-Calif.), and liberal interest groups. Some have long been eager to investigate the Bush-era interrogation program, and possibly to prosecute lawyers and other officials who greenlighted it.

New details of the interrogation methods, which included waterboarding and other techniques some have labeled torture, came to light last week when Obama released legal memos from the Bush Justice Department that laid out some of the techniques and the legal rationale for them.

The new details had seemed to add momentum to the call for an independent commission, similar to the one that Congress created to study the terrorist attacks of Sept. 11, 2001, and the government’s response to them.

For months, Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee, has called for a so-called truth commission that would investigate the actions of officials in the White House, the Justice Department, the Central Intelligence Agency and other entities involved in the fight against terrorism.

Leahy said this week that such a commission would not target Bush officials for blame. “I’m not out just to hang a lot of scalps on the wall. I want to know exactly what happened so that it won’t happen again,” he told reporters.

Congressional investigations can carry risks for those who plan them, sometimes leading to unintended consequences. The Democratic Congress’ inquiry into the Iran-Contra affair of the 1980s elevated Lt. Col. Oliver L. North into a folk hero.

A congressional inquiry might appear to the public as Democrats merely settling scores with the previous administration, said Frederick A.O. Schwarz Jr., chief counsel to the Brennan Center for Justice, a civil liberties think tank at New York University School of Law.

Schwarz was a lawyer to the 1970s Senate committee chaired by then-Sen. Frank Church that examined CIA abuses during the Cold War. He believes an independent commission would be better suited to investigate Bush-era anti-terrorism policy and would have more public credibility.

“If you are careful in doing that,” Schwarz said, “you are more likely to get people who will say: We’re looking at really important issues for the future of the United States.”

But such commissions pose their own problems. Although the Sept. 11 panel was largely considered a success, as a body outside government it had difficulty gaining the cooperation of federal agencies. Also, it lacked the ability to enact the reforms it advocated.

In its report, the 9/11 commission avoided assigning blame to individuals. One critic of a proposed panel to investigate interrogations during the Bush era says that would be impossible in this instance.

“It would be like a gigantic special counsel — even worse,” said David B. Rivkin Jr., an official in the George H.W. Bush administration. “It would just poison the atmosphere in Washington.” The end result, he said, would be laying the groundwork for criminal prosecution, either by the Justice Department or by an international tribunal.

Obama has left the question of criminal prosecutions of Bush-era officials to Atty. Gen. Eric H. Holder Jr. The Justice Department’s internal inquiry of its lawyers’ actions on terrorism policy could be made public within the next several weeks. The chairman of the House Judiciary Committee, Rep. John Conyers Jr. (D-Mich.), has said he will launch his own inquiry after the Justice Department’s report is made public.

joliphant@latimes.com

Peter Nicholas in the Washington bureau contributed to this report.

Israeli FM: US Will Accept Any Israeli Decision

April 25, 2009
Lieberman Also Declares Afghanistan, Pakistan a Threat to Israel

by Jason Ditz, Antiwar.com, April 24, 2009

Russian-born Israeli Foreign Minister Avigdor Lieberman gave his first major interview since taking office to Russia’s Moskovskiy Komosolets, and spelled out his rather unique foreign policy position, in addition to making some rather bold assertions.

In particular, Lieberman insisted that despite America’s support for the “two-state solution” which the Israeli administration has rejected, President Obama will not put forth any new peace initiatives unless Israel wants them to. “Believe me,” Lieberman declared, “American accepts all our decisions.”

He also, rather surprisingly, said that Iran is not the Israel’s biggest strategic threat. Instead, Lieberman bestowed that honor collectively on Afghanistan and Pakistan. He said that Pakistan and Afghanistan could fall, forming “a contiguous area of radicalism ruled in the spirit of Osama bin Laden.”

Pakistan’s Foreign Office condemned Lieberman’s comments as “unwarranted,” and said “any efforts to malign or isolate Pakistan will not succeed.” So far US officials have not commented on Lieberman’s assertion that Pakistan imperils Israel or the claims that America will accept whatever decisions the Netanyahu government makes.

Trapped Sri Lankans face starvation

April 25, 2009
Al Jazeera, Apr 25, 2009

The UN says 6,500 people have died in the conflict in three months [AFP]

Tens of thousands of civilians in Sri Lanka’s northern war zone face starvation, Tamil Tiger separatists and government officials have said.

The warning comes as the UN’s senior humanitarian official is due in the country to assess the crisis.

The Liberation Tigers of Tamil Eelam (LTTE) said in a statement on Saturday that food stocks had dwindled, making starvation “imminent”.

They have called on the UN and the international community to ensure that supplies are swiftly sent to the area where an estimated 50,000 people remain.

“We fear that further delay can result in a crisis similar to that faced in Darfur or even deadlier,” the group said in a statement published on the rebel-allied TamilNet website.

Dire situation

The civilians’ dire situation has deteriorated in recent days with the Sri Lankan military pressing ahead with its offensive to destroy the LTTE in a war that has been raging for a quarter of a century.

Al Jazeera’s David Chater, reporting from Sri Lanka, said: “We have heard from many people that humanitarian supplies still around were being taken by the Tamil Tigers and sold to the people [displaced by fighting].

“Many of the people I saw were in an advanced state of dehydration. Many of the older people were extremely malnourished and you can only imagine what it is like for the children trapped inside the conflict zone.”

Camps for the displaced have received 100,000 people in just a week [AFP]

He said that the camps for internally displaced people had recieved a “huge influx” – more than 100,000 in just one week – and they “definitely need help as well not only from the UN but also from any government that can bring aid to them”.”It is a desperate situation for those who have just escaped and the Tigers said it was equivalent to Darfur and might even be deadlier,” Chater reported.

Aid workers say more than 100,000 civilians have fled the tiny coastal strip still under the control of the LTTE, flooding hospitals in the north and overwhelming government-run camps for the displaced.

Dr Gnana Gunalan, director of health services in Trincomalee district and former chairman of Sri Lanka Red Cross, told Al Jazeera that the displaced people he saw had starved for days and were malnourished and needed food.

“Their first priority is food. Everybody is asking for food,” he said.

The UN says at least 50,000 civilians remain caught in the war zone.

The Tamil Tigers says the number of civilians is three times that estimated by the UN.

Medicine shortage

Dr Thangamuttu Sathyamurthi, a senior Sri Lankan government health official, said on Friday that there was a severe shortage of food and medicines.

The government has barred aid groups and journalists from the area since last year, arguing that it is too dangerous for them.

The UN sent John Holmes, its senior humanitarian official, to Sri Lanka on Saturday to look into the welfare of the civilians, Marie Okabe, the UN deputy spokeswoman,  said.

The humanitarian situation “continues to be critical, civilian casualties have been tragically high and their suffering horrendous,” Okabe said.

Thousands killed

The UN says nearly 6,500 civilians have been killed in the fighting over the past three months.

The Tigers, listed as a terror group by many Western nations, have been fighting since 1983 for an ethnic Tamil state in the north and east after decades of what they call marginalisation by governments dominated by the Sinhalese majority.

After more than three years of intense fighting, the government appears on the verge of crushing the group.

Riding a wave of popularity from its war success, Sri Lanka’s ruling party appeared the favorite to win Saturday’s council election in the Western province.

Almost 6,500 civilians killed in Sri Lanka in three months, UN reports

April 25, 2009

Wikinews, April 25, 2009

Close to 6,500 civilians have been killed and many thousands more wounded in the past three months during heavy fighting in Sri Lanka, according to a report by the United Nations.

Earlier this year, the army launched a crackdown on the Liberation Tigers of Tamil Eelam (Tamil Tigers) to oust them from their territory in the northeastern part of Sri Lanka, which the rebels have occupied for several years. The rebels have now been forced back to a small coastal strip, where about fifty thousand people have been trapped after the area was evacuated of 100,000 people.

Thangamuttu Sathyamurthi, a government health official in the war zone, reported that people were dying of starvation, and that there was a large deficit of medicine and food.

According to the medical relief group Médecins Sans Frontières (Doctors without Borders), many of the people who had fled the conflict zone had gunshot and blast wounds.

The government has accused the Tamil Tiger rebels of using civilians as human shields, a claim that the rebels deny. The rebels have accused the Sri Lankan army of randomly shelling civilian areas.

The U.N. says that the rate of civilian deaths in the country has risen sharply. On average, 33 civilians were killed per day at the end of January. The number has now increased to an average 116 per day.

Photo evidence bring new claims US abused prisoners in Iraq and Afghanistan

April 25, 2009

The Obama Administration is to release up to 2,000 photographs showing the abuse of prisoners in Iraq and Afghanistan, a move that will intensify pressure on the White House to back the prosecution of Bush-era officials for authorising alleged torture.

The release of the pictures, forced on the White House by a freedom of information lawsuit lodged five years ago, will complicate President Obama’s desire to move on from the abuse issue, which has begun to bedevil his presidency. The images are proof that the brutal treatment of detainees went far beyond the Abu Ghraib prison scandal in Iraq. They must be made public by May 28.

The leading anti-torture envoy at the United Nations stoked the controversy by insisting that the US was obligated by the UN’s Convention on Torture to prosecute lawyers in the Bush Administration who justified harsh interrogations.

For the first time the photographs are believed to provide images of abuse at Guantánamo Bay, as well as at facilities in Iraq and Afghanistan. According to US officials who have seen the pictures, some show American service members intimidating prisoners by pointing weapons at them, an offence that in the past has brought courts martial.

One official said that the pictures were not as shocking as those that emerged from Abu Ghraib but were “not good”. The Abu Ghraib photographs showed Iraqi prisoners hooded, intimidated by dogs, beaten and piled naked in sexually embarrassing positions.

Since his decision to release four CIA torture memos last week that detailed the harsh interrogation techniques approved by the White House under President Bush, Mr Obama and his aides have faced anger from both liberals and Republicans.

The move dismayed officials inside the CIA, despite Mr Obama’s initial assurance that neither CIA agents nor Bush-era policymakers would face prosecution.

Then this week Mr Obama appeared to raise the possibility of the possible prosecution of officials. That triggered such an uproar from Republicans, led by the former Vice-President Dick Cheney, who is calling for more documents to be declassified to prove that methods including simulated drowning worked, that Mr Obama has retreated from the idea.

Mr Obama said on Thursday that he did not favour congressional hearings or a “truth commission” into alleged abuses, but he has no power to block such moves on Capitol Hill. Momentum is rapidly building there for bringing senior members of the former Administration before House and Senate committees.

Liberals, meanwhile, are expressing anger that Mr Obama is not backing prosecutions, and the release of the new photographs will increase their demands for retribution.

Amrit Singh, a lawyer for the American Civil Liberties Union, which brought the freedom of information lawsuit, said of the photographs: “This will constitute visual proof that, unlike the Bush Administration’s claim, the abuse was not confined to Abu Ghraib and was not aberrational. This 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.”

Israel defies US and destroys Palestinian home

April 25, 2009

By Ben Lynfiled in Jeruslaem | The Independent, UK, Apr 23, 2009

Brushing aside international criticism, Israel demolished a Palestinian house in East Jerusalem in the latest in a series of actions that critics say is racheting up tensions in the city, harming chances for a two-state solution to the Israeli-Palestinian conflict.

Ammar Hudidon, a resident of the Jebel Mukaber neighbourhood and a father of seven children, said a bulldozer flattened his home yesterday after the Jerusalem municipality said he lacked building permits. Palestinians complain that the permits are virtually impossible to obtain.

A municipality spokesman stressed that the demolition was “conducted completely under the auspices of the Interior Ministry and the government of Israel” and was not ordered by the Mayor, Nir Barkat.

It comes a day after President Barack Obama called on Israelis and Palestinians to take measures to promote peacemaking and two days after a Jerusalem planning committee approved a building project for the headquarters of an Israeli settlement group in Sheikh Jarrah, a Palestinian area which Jewish settlers are increasingly penetrating.

Israel views East Jerusalem, annexed in 1967, as part of its capital but the annexation is considered illegal by most of the international community.

Moshe Yogev, the treasurer of the Amana Settler Movement, said the building site is close to existing Israeli national police headquarters and government offices in Sheikh Jarrah. “It is not as if we are going there to establish a fact on the ground,” he said.

Mr Yogev said the plan took 14 years to work its way through government and city committees. He was not sure if the settler group would follow through with moving its headquarters there. “We haven’t decided yet,” he said.

Other Israeli changes in Sheikh Jarrah include plans to evict two large families from homes they have occupied for more than 50 years on the grounds that they are not legal owners. It is believed their dwellings will be given over to settlers. Plans to demolish 88 Palestinian homes in the Silwan neighbourhood are temporarily on hold as a result of international pressure.

A British diplomat criticised the Israeli steps last night. “They [the new Israeli government] asked us for a pause while they formulate policy but if there will be a pause in the peace process there also needs to be a pause in the actions we are seeing in East Jerusalem. Such steps contradict Israel’s stated goal of peace,” the diplomat said.