Committing war crimes for the “right reasons”

December 19, 2008

by Glenn Greenwald | Salon.com, December 18, 2008

The Atlantic‘s Ross Douthat has a post today — “Thinking About Torture” — which, he acknowledges quite remarkably, is the first time he has “written anything substantial, ever, about America’s treatment of detainees in the War on Terror.”  He’s abstained until today due to what he calls “a desire to avoid taking on a fraught and desperately importantly (sic) subject without feeling extremely confident about my own views on the subject.”

I don’t want to purport to summarize what he’s written.  It’s a somewhat meandering and at times even internally inconsistent statement.  Douthat himself characterizes it as “rambling” — befitting someone who appears to think that his own lack of moral certainty and borderline-disorientation on this subject may somehow be a more intellectually respectable posture than those who simplistically express “straightforward outrage.”  In the midst of what is largely an intellectually honest attempt to describe the causes for his ambiguity, he actually does express some “straightforward outrage” of his own.  About the widespread abuse, he writes:  “it should be considered impermissible as well as immoral” and “should involve disgrace for those responsible, the Cheneys and Rumsfelds as well as the people who actually implemented the techniques that the Vice President’s office promoted and the Secretary of Defense signed off on.”

Nonetheless, Douthat repeatedly explains that he is burdened by “uncertainty, mixed together with guilt, about how strongly to condemn those involved,” and one of the central reasons for that uncertainty — one that is commonly expressed — is contained in this passage:

But with great power comes a lot of pressures as well, starting with great fear: The fear that through inaction you’ll be responsible for the deaths of thousands or even millions of the Americans whose lived you were personally charged to protect. This fear ran wild the post-9/11 Bush Administration, with often-appalling consequences, but it wasn’t an irrational fear – not then, and now. It doesn’t excuse what was done by our government, and in our name, in prisons and detention cells around the world. But anyone who felt the way I felt after 9/11 has to reckon with the fact that what was done in our name was, in some sense, done for us – not with our knowledge, exactly, but arguably with our blessing. I didn’t get what I wanted from this administration, but I think you could say with some justification that I got what I asked for. And that awareness undergirds – to return to where I began this rambling post – the mix of anger, uncertainty and guilt that I bring to the current debate over what the Bush Administration has done and failed to do, and how its members should be judged.

This is the Jack Goldsmith argument:  while what Bush officials did may have been misguided and wrong, they did it out of a true fear of Islamic enemies, with the intent to protect us, perhaps even consistent with the citizenry’s wishes.  And while Douthat presents this view as some sort of candid and conflicted complexity, it isn’t really anything more than standard American exceptionalism — more accurately:  blinding American narcissism — masquerading as a difficult moral struggle.

The moral ambiguity Douthat thinks he finds is applicable to virtually every war crime. It’s the extremely rare political leader who ends up engaging in tyrannical acts, or commits war crimes or other atrocities, simply for the fun of it, or for purely frivolous reasons. Every tyrant can point to real and legitimate threats that they feared.

Ask supporters of Fidel Castro why he imprisoned dissidents and created a police state and they’ll tell you — accurately — that he was the head of a small, defenseless island situated 90 miles to the South of a huge, militaristic superpower that repeatedly tried to overthrow his government and replace it with something it preferred. Ask Hugo Chavez why he rails against the U.S. and has shut down opposition media stations and he’ll point out — truthfully — that the U.S. participated to some extent in a coup attempt to overthrow his democratically elected government and that internal factions inside Venezuela have done the same.

Iranian mullahs really do face internal, foreign-funded revolutionary groups that are violent and which seek to overthrow them. Serbian leaders — including those ultimately convicted of war crimes — had legitimate grievances about the treatment of Serbs outside of Serbia proper and threats posed to Serbian sovereignty. The complaints of Islamic terrorists regarding U.S. hegemony and exploitation in the Middle East are grounded in factual truth, as are those of Gazan terrorists who point to the four-decades-old Israeli occupation. Georgia really did and does face external threats from Russia, and Russia really did have an interest in protecting Russians and South Ossetians under assault from civilian-attacking Georgian artillery.  The threat of Israeli invasion which Hezbollah cites is real. Some Muslims really have been persecuted by Hindus.

But none of those facts justify tyranny, terrorism or war crimes.  There are virtually always “good reasons” that can be and are cited to justify war crimes and acts of aggression. It’s often the case that nationalistic impulses — or genuine fears — lead the country’s citizens to support or at least acquiesce to those crimes. War crimes and other atrocities are typically undertaken in defense against some real (if exaggerated) threat, or to target actual enemies, or to redress real grievances.

But we don’t accept that justifying reasoning when offered by others. In fact, those who seek merely to explain — let alone justify — the tyranny, extremism and/or violence of Castro, or Chavez, or Hamas, or Slobodan Milosevic or Islamic extremists are immediately condemned for seeking to defend the indefensible, or invoking “root causes” to justify the unjustifiable, or offering mitigating rationale for pure evil.

Yet here we have American leaders who now, more openly than ever, are literally admitting to what has long been known — that they violated the laws of war and international treaties which, in the past, we’ve led the way in advocating and enforcing. And what do we hear even from the most well-intentioned commentators such as Douthat? Yes, it was wrong. True, they shouldn’t have done it.  But they did it for good reasons:  they believed they had to do it to protect us, to guard against truly bad people, to discharge their heavy responsibility to protect the country, because we were at war.

All of the same can be said for virtually every tyrant we righteously condemn and every war criminal we’ve pursued and prosecuted.  The laws of war aren’t applicable only in times of peace, to be waived away in times of war or crisis. To the contrary, they exist precisely because the factors Douthat cites to explain and mitigate what our leaders did always exist, especially when countries perceive themselves at war.  To cite those factors to explain away war crimes — or to render them morally ambiguous — is to deny the very validity of the concept itself.

The pressures and allegedly selfless motivations being cited on behalf of Bush officials who ordered torture and other crimes — even if accurate — aren’t unique to American leaders.  They are extremely common.  They don’t mitigate war crimes.  They are what typically motivate war crimes, and they’re the reason such crimes are banned by international agreement in the first place — to deter leaders, through the force of law, from succumbing to those exact temptations.  What determines whether a political leader is good or evil isn’t their nationality.  It’s their conduct.  And leaders who violate the laws of war and commit war crimes, by definition, aren’t good, even if they are American.

Glenn Greenwald was previously a constitutional law and civil rights litigator in New York. He is the author of the New York Times Bestselling book “How Would a Patriot Act?,” a critique of the Bush administration’s use of executive power, released in May 2006. His second book, “A Tragic Legacy“, examines the Bush legacy.

Gordon Brown rejects call for early Iraq inquiry

December 19, 2008

Prime minister says inquiry into war will be held ‘once troops come home’

Gordon Brown in Basra, Iraq

Gordon Brown at the Basra airbase memorial on Tuesday. Photograph: Peter Macdiarmid/PA

Gordon Brown today rejected opposition calls for an early inquiry into the Iraq war.

As he made a statement in the Commons about the withdrawal of troops, the prime minister refused to go beyond a repetition of his broad commitment to an inquiry “once our troops come home”.

But Brown did announce that the Ministry of Defence was spending £150m on more than 100 new all-terrain “Warthog” vehicles and that the memorial in Basra commemorating the 178 British servicemen and women who have lost their lives in Iraq will be brought to Britain when the operation is over.

Brown, who said that almost all British troops would leave Iraq by the end of July 2009 during a surprise visit to the country yesterday, told MPs that Iraq had made “very significant progress” since the fall of Saddam Hussein.

He said that from August next year fewer than 400 British troops would be left in Iraq. That was equivalent to what would be expected from a “normal defence relationship” with a country in the region.

Most of the remaining troops would be dedicated to naval training, Brown said.

In his response to Brown’s statement, the Conservative leader, David Cameron, said that the government ought to “strike a realistic tone about what has and has not been achieved” in Iraq and remember that, for many Iraqis, conditions remained “dire”.

For some time the government has been committed to setting up an inquiry into the Iraq war after the withdrawal of British troops. Cameron asked Brown for details of when this would happen, saying: “If we do not learn lessons from the mistakes of the past, then we are more likely to repeat them in the future.”

Cameron also said that if Brown meant his promise about having no inquiry until all the troops were home literally, then, with a few hundred remaining, there “would be no inquiry for many, many years”.

Brown did not clarify whether he would be willing to start an inquiry after July. Instead he just insisted that he would consider the matter “once our troops come home”.

Nick Clegg, the Liberal Democrat leader, said Barack Obama, the US president-elect, was right when he described the war as “dumb” before the invasion in 2003. Clegg said that the Lib Dems were the only major party to oppose it.

“This was the single worst foreign policy decision for the last 50 years. It is time the government and the Conservatives held up their hands and said sorry to the British people for Iraq,” he said.

There had to be a full public inquiry, he said. “The government must not be allowed to end this war as it began it: in secrecy and misdirection.”

China sentences rights activist to two years in prison

December 19, 2008

RINF.COM, Dec 18, 2008

Beijing – A Beijing court sentenced a rights activist to two years in prison on Thursday after convicting her of ‘obstructing public business,’ her husband said.

Dong Jiqin said he was not allowed into the courtroom to present his defence of his wife, Ni Yulan, who planned to appeal against the sentence.

’They didn’t let me in,’ Dong told Deutsche Presse-Agentur dpa.

He said Xicheng district court officials only allowed the couple’s adult daughter into the courtroom but apparently did not consider any of the evidence prepared in Ni’s defence.

’They didn’t let our daughter defend her [Ni] or accept her evidence,’ Dong said.

If she loses her appeal, Ni will have to serve the remaining 16 months of her two-year sentence after spending eight months in detention before the trial, he said.

Ni, 48, was arrested on April 15 when she tried to stop some two dozen people from knocking down a wall enclosing part of the yard outside their home, which they had refused to vacate for developers despite years of pressure and threats.

The police claimed that Ni caused serious injury to a worker while she was trying to stop them from damaging her property.

’This was an excuse to arrest her,’ Dong, 56, said in an earlier interview. ‘They didn’t have any evidence.’

The police later accused Ni of kicking an officer while in custody, he said.

The authorities did not allow Dong to visit Ni during her detention, but a lawyer who made several visits reported that she was in poor health and complained of mistreatment during police interviews.

Ni was left disabled following alleged abuses during an earlier spell of police detention.

Dong said their daughter was not allowed to speak to Ni on Thursday but reported that she appeared in poor health.

’My daughter saw her and said she was extremely thin,’ he said.

Ni’s career as a lawyer was first interrupted in 2002 when police illegally detained her for 75 days for filming a forced relocation.

During that detention, Dong said, Ni was beaten and not given medical treatment.

She was left with permanent back and leg injuries and now walks with the aid of crutches, he said.

Ni then lost her right to practise law following a criminal conviction in late 2002 on the same charge of ‘obstructing public business.’

Ni told her lawyer that the police had confiscated her crutches and made her crawl to use the bathroom during her latest detention, Dong said earlier.

Xicheng district authorities razed the family home last month as part of a local government redevelopment plan, following several years of wrangling over legal issues and compensation.

Hundreds of thousands of people have moved over the past 20 years to allow the demolition of most of Beijing’s traditional one-storey housing, which has made way for vast new commercial and residential complexes.

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Armed with a shoe, Iraqi journalist inspires resistance

December 18, 2008

Bush ducks footwear, but still gets a kick to the face

During George W. Bush’s final visit to the country that has endured indescribable death and destruction under his administration, the defiance of one brave journalist encapsulated the sentiment of people all over the world.

Iraqis show solidarity with shoe thrower al-Zaidi, 12-15-08
Iraqis demonstrate in solidarity
with al-Zaidi, Dec. 15
.

Muntadhar al-Zaidi, a journalist with Al-Baghdadia television, hurled his shoe at Bush while shouting: “This is a gift from the Iraqis; this is the farewell kiss, you dog! This is from the widows, the orphans and those who were killed in Iraq!” Al-Zaidi’s shoe narrowly missed Bush’s ducking head.

Bush laughed off the incident, ignorantly claiming, “I’m not sure what his cause was.” Even before the shoe hit the ground, Bush’s propaganda apparatus and the corporate media were already spinning the act as evidence of Iraq’s progress toward democracy and tolerance of dissidence.

This much-touted tolerance, however, did not prevent Maliki’s guards from dragging al-Zaidi outside and beating him mercilessly. Blood could be seen where guards had tackled al-Zaidi, and witnesses say his cries could be heard for the duration of the news conference.

Al-Zaidi was promptly whisked away to a detention facility for interrogation, and is still being held. The journalist’s brother says al-Zaidi suffered a broken hand, broken ribs, internal bleeding and an eye injury. Al-Zaidi faces charges of “insulting a foreign leader and the Prime Minister of Iraq,” which could land him in prison for seven years.

Al-Zaidi knew full well that he would face severe consequences, but he was determined to give a voice to those who have suffered. Sitting just a few feet away from the man who, for so many, has been the incarnation of the war policy that killed over 1 million Iraqis, and maimed and displaced millions more, al-Zaidi burst Bush’s bubble and effectively ruined his end-of-term victory parade. Who would have thought that the disdain and hatred felt for Bush all over the Arab world and, for that matter, across much of the globe, would fit into a single shoe?

Continued  >>

Lévi-Strauss at 100

December 18, 2008
French anthropologist Claude Lévi-Strauss, one of the world’s most important thinkers, was born 100 years ago last Friday, and France has been celebrating, writes David Tresilian in Paris

Click to view caption
Claude Lévi-Strauss during anthropological fieldwork in Brazil in the 1930s


Al-Ahram Weekly, 3 – 9 Dec, 2008, Issue No. 925

The 100th birthday of the French anthropologist Claude Lévi-Strauss, which fell last Friday, is being taken in France as an opportunity to celebrate the work of a man who over the course of a long career refashioned French anthropology and served as intellectual godfather to a whole generation of writers and thinkers in the 1960s and 70s.

While the leading figures of that generation — Barthes in literary criticism and semiology, Althusser in Marxist theory and Lacan in psychoanalysis — have since disappeared from the intellectual landscape, and, with them, much of the attraction of their ideas, Lévi-Strauss almost alone of his generation has survived the vicissitudes of what was intellectually a particularly fertile period, his authority still intact as perhaps the greatest living anthropological theorist and a link to the kind of large-scale theory- building that was once fashionable across the humanities.

French television celebrated Lévi-Strauss’s 100th birthday last week with a series of programmes on his career, from the time he spent among the Indians of the Amazon Basin in the 1930s, from which grew his famous autobiography Tristes tropiques and much of the work on mythological systems collected in the four volumes of Mythologiques (1964 — 1971), to his work as the inspiration behind the “structuralist” theorising of the 1960s and 70s, set in motion by the publication of his book Structural Anthropology in 1958.

The Musée du quai Branly, the French capital’s recently completed museum of anthropology which opened with great fanfare in 2006, held a study day devoted to Lévi- Strauss on 28 November, the institution also serving as the repository for Lévi-Strauss’s own collection of anthropological artifacts. An international colloquium has been held in his honour at the Collège de France. All this adds up to the kind of public celebration more usually accorded to statesmen than to anthropologists, who, Lévi-Strauss writes in Tristes tropiques, tend to see their study as “a mission and a refuge.”

While part of the explanation for the continuing public interest in Lévi-Strauss and his ideas probably stems from the fact that intellectuals in France, once they have attained a certain eminence, tend to become national figures and are recognised as such by the state, it is perhaps also true that Lévi-Strauss has managed to acquire a reputation even among those who have never opened his books or have limited interest in his variety of theorising.

Continued >>

The American-Made Insurgency in Afghanistan

December 18, 2008

A Million McVeighs Now

by Chris Floyd | Global Research, December 16, 2008

ChrisFloyd.com

The “Good War” in Afghanistan – the Bush-launched war that Barack Obama tells us we must fight and win – continues to deteriorate before our eyes. Just like every other operation in the so-called “War on Terror” (another Bush-launched campaign that Obama has fully embraced as his own), the Afghan war, now in its seventh year, has proven entirely counter-productive to its stated aims. Instead of stabilizing a volatile region and denying it as a base for violent extremism, it has of course done the opposite. The shock waves of the heavy-handed American-led invasion of Afghanistan – a country that no foreign power has ever conquered and held – have spread across Central Asia, most dangerously into Pakistan.

Afghanistan itself is in a desperate condition, laden with a weak, foreign-installed government dominated by warlords and riddled with corruption. The illegal opium trade, quashed by the Taliban, has now surged to historic levels, and is flooding the streets of Europe and the West with cut-rate heroin – not to mention fuelling an astonishing rise in drug addiction among Afghans, Pakistanis and Iranians. At every turn, the iron hand of American militarism is producing more suffering, more chaos, more corruption, more extremism, more slaughter, both directly and as blowback from people maddened into wanton violence by the relentless stream of atrocities.

And no, to comprehend an origin of violence is not to condone it; but reality compels acknowledgement of the fact that state-terror atrocity breeds “asymmetrical” atrocity in turn. It also teaches by example. The state militarists of empire say: Violence works. Violence is honorable. Violence is the most effective way to accomplish your goals. And you must not blench at killing innocent people in your violent operations. Is it any wonder that others adopt these methods, which are championed and celebrated by our most respected and legitimatized elites? Recall the words of one of America’s own home-grown “asymmetricals,” Timothy McVeigh, who at his sentencing for the Oklahoma City bombing quoted Justice Louis Brandeis: “Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.”

McVeigh of course was schooled in death and violence as a soldier in the first Iraq War, where he had been appalled to find himself killing people who wished America no harm, and to see the wholesale slaughter of innocent people in a conflict that need never have been fought. A peaceful settlement of the complex financial and territorial dispute between Iraq and Kuwait had been brokered by the Arab League; but although Iraq accepted the deal, at the last minute, the Kuwaiti royals – long-time business partners of then-President George H.W. Bush – reneged and declared, “We will call in the Americans.” Then the regional squabble between Iran and Kuwait was deceitfully turned into a “global threat” by the false claim that Iraq’s invading forces were massing on the borders of Saudi Arabia. Pentagon chief Dick Cheney claimed secret satellite imagery showed vast Iraqi armies preparing to swoop down on the Saudi oilfields, the lifeline of the American economy. Bush Family capo James Baker, then Secretary of State, went before Congress and declared that the imminent war was all about saving American jobs. But commercial imagery obtained by a US newspaper at the time showed there were no Iraqi forces on the Saudi border. It was all a knowing lie – as were the claims paraded before Congress that Iraqi soldiers were flinging infants from their incubators in Kuwaiti hospitals. This bearing of false witness had been arranged by a prominent Bush-connected PR firm. The first Iraq War was just as falsely based and pointless as the second.

Unfortunately for the innocents in Oklahoma City, McVeigh too fully absorbed the lessons of the omnipresent teacher, even as he came to reject the teacher’s authority. But his greatest crime in the imperial system was not that he killed innocent people in furtherance of political aims, but that he did it free-lance, without the “legitimacy” of a militarist government which slaughters innocent people by the hundreds of thousands in furtherance of its political aims.

Uzbekistan: Imprisoned Activists’ Health in Danger

December 18, 2008

These activists should never have been imprisoned in the first place. That several of them are now suffering severe health problems as a result is an outrage, and only underscores the urgency of securing their immediate and unconditional release.

Igor Vorontsov, Uzbekistan researcher at Human Rights Watch

A UN review set for today of Uzbekistan’s human rights practices is a crucial opportunity to highlight concern about its abysmal human rights record and press for immediate steps to end abuses, Human Rights Watch said today.

Uzbekistan is coming up for scrutiny before the United Nations’ global rights body, the Human Rights Council, under its Universal Periodic Review (UPR) procedure in Geneva.

Of urgent concern is the plight of imprisoned human rights defenders – currently numbering at least 11 – and other independent political and civic activists whom the Uzbek government has detained on politically motivated grounds. According to recent reports received by Human Rights Watch, a number of these activists are suffering severe health problems as a result of poor conditions and ill-treatment in Uzbekistan’s notoriously abusive prison system.

“These activists should never have been imprisoned in the first place,” said Igor Vorontsov, Uzbekistan researcher at Human Rights Watch. “That several of them are now suffering severe health problems as a result is an outrage, and only underscores the urgency of securing their immediate and unconditional release.”

A new list of imprisoned human rights defenders and activists in Uzbekistan published by Human Rights Watch today gives up-to-date case summaries, detailing the circumstances of each individual’s wrongful detention and highlighting details of the severe health problems faced by a number of them. Among those whose health condition demands immediate attention are Yusuf Jumaev, Alisher Karamatov, Jamshid Karimov, Norboi Kholjigitov, Rasul Khudainasarov, and Sanjar Umarov. In some of these cases, authorities have not only failed to provide adequate medical care, but have actively undermined their health through torture, ill-treatment and the use of psychotropic drugs.

Human Rights Watch urged UN member states taking part in the Uzbekistan review to use the opportunity to send a strong, unequivocal message to Tashkent about the unacceptable state of human rights in the country and about the necessity of concrete and meaningful rights improvements.

Key areas of concern highlighted by Human Rights Watch in its submission to the UPR included the 2005 massacre by government forces in Andijan, in which hundreds were killed and for which the Uzbek government continues to deny justice; the ongoing persecution of human rights defenders and repression of independent civil society activism; torture and ill-treatment in the criminal justice system, which Uzbek authorities have failed to take effective action to address; repression of media freedoms, and; religious persecution targeting in particular Muslims who practice their faith outside state controls or who belong to unregistered religious organizations.

Human Rights Watch also called on the Uzbek government to engage positively and effectively in the human rights review process and to take seriously all recommendations made.

“Improving the dismal human rights situation in Uzbekistan will take more than a rhetorical commitment or yet another seminar,” said Vorontsov. “The Uzbek government should demonstrate real political will by immediately releasing wrongfully detained human rights activists and issuing invitations to all UN rights monitors who have requested access.”

Specific recommendations that Human Rights Watch urged the UN Human Rights Council to address to the Uzbek government included the following:

  • Ensure accountability for the Andijan massacre and cease harassment and other abuses of returned refugees and families of refugees who remain abroad;
  • Immediately and unconditionally release all wrongfully imprisoned human rights defenders, journalists, members of the political opposition and other activists held on politically motivated charges;
  • End the crackdown on civil society and allow domestic and international human rights groups to operate without government interference;
  • Take meaningful measures to end torture and the accompanying culture of impunity, including by complying in full with the recommendations of the United Nations special rapporteur on torture and Committee Against Torture;
  • Cease harassment of journalists and allow domestic and international media outlets, including those that have been forced to stop operating in Uzbekistan, to register and grant accreditation to international journalists;
  • End religious persecution, including by decriminalizing peaceful religious activity; and,
  • Allow unfettered access for independent monitors, including UN special rapporteurs who have been unable to visit due to the government’s refusal to issue the required invitations.
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A Forgotten Genocide

December 18, 2008

By VICENTE NAVARRO | Counterpunch, Dec 16, 2008

A social movement has been growing in Spain, breaking the 30-year pact of silence on the enormous atrocities and genocide carried out during and after the fascist coup led by General Franco. The coup took place in 1936 with the active support of the Catholic Church and the Spanish Army, and made possible by the assistance of Hitler and Mussolini and the cowardice of the western democracies, including the U.S., which at that time did not dare to offend Hitler and Mussolini by sending arms to the democratically elected Spanish government. The coup was resisted, however, by the majority of Spain’s population, which is why it took three years for the fascists to succeed. They won by imposing extremely repressive measures on the population. Terror became an explicit policy of the new regime. General Franco and other generals spoke frequently of the need to kill everyone who had supported the Popular Front, the alliance of left-wing and center parties that had won by large majorities in the last elections in Spain. As part of that repression, more than 200,000 men and women were executed by the fascist regime, and another 200,000 died in the Army’s concentration camps and in the villages, subjected to hunger, disease, and other circumstances. And 114,266 people simply disappeared. They were killed by the Army and the fascist party, la Falange, and their bodies were abandoned or buried without being identified. These bodies were never found.

When democracy returned in 1978, an informal pact of silence was made – an agreement to cover over the enormous repression that had existed under the fascist dictator. The democratic transition took place under conditions that were highly favorable to the conservative forces that had controlled Francoist Spain. It became obvious to the leadership of the former fascist state, led by King Juan Carlos (appointed by General Franco), and Suarez, the head of the fascist movement (Movimiento Nacional), that the fascist regime could not continue as a dictatorship. It was a corrupt and highly unpopular apparatus, facing the largest labor agitation in Europe. In 1976, a critical year after the death of the dictator (the day he died, the country ran out of champagne), 2,085 workdays per 1,000 workers were lost to strikes (the average in Europe was 595 days). The dictator died in his bed, but the dictatorship died in the streets. The level of social agitation reached such a point that Franco’s appointed monarchy was in trouble, and the state leadership was forced to open itself up and establish a limited democracy, under the watchful eye of the Army (and the Church). The left was strong enough to force that opening, but it was not strong enough to break with the old state. The Amnesty Law was passed in 1977, which protected those who had committed politically motivated crimes (a law that was of much greater benefit to the right-wing than to the left-wing forces). The repression during the Franco years was enormous. Even in his bed just before he died (1975), Franco was signing death warrants for political prisoners.

Continued >>

George Bush Shoe-Thrower ‘Too Severely Beaten’ for Court Appearance

December 18, 2008

Iraqi journalist who threw his shoes at US president was not taken to court because it could ‘trigger anger’, alleges brother

by Peter Walker and agencies | Guardian,UK,  Dec 17, 2008

The brother of an Iraqi journalist who hurled his shoes at George Bush claimed today that the television reporter was too badly beaten to appear in court, as the speaker of Iraq’s parliament reportedly announced his resignation over the issue.Dargham al-Zaidi said he was told a judge had been to see his younger brother, Muntazer, at the jail where he has been held since throwing his shoes at the US president during a press conference in Baghdad on Sunday. The television reporter – whose actions have made him a star in the Arab world – called Bush a “dog” and said he was angry at the US occupation of his country.

[Iraqi journalist Muntazer al-Zaidi, who hurled shoes at US President George W. Bush. The journalist who has since become a star in the Arab world appeared before a judge on Wednesday, his brother said. (AFP/File)]Iraqi journalist Muntazer al-Zaidi, who hurled shoes at US President George W. Bush. The journalist who has since become a star in the Arab world appeared before a judge on Wednesday, his brother said. (AFP/File)

The family went to Baghdad’s central criminal court expecting a hearing, Dhargham said, but were told the investigative judge had been to the prison and they should return in eight days. “That means my brother was severely beaten and they fear that his appearance could trigger anger at the court,” he said.Iraqi officials have denied that Muntazar, a 29-year-old reporter for the private Al-Baghdadia TV station, has been injured. Under Iraq’s legal system a judge investigates an allegation before recommending whether to order a trial. Initial hearings are often conducted informally rather than in court.

According to Dargham, his brother suffered a broken arm and ribs, as well as injuries to an eye and a leg after being beaten by security officials, and was treated at the Ibn Sina hospital, in Baghdad’s heavily fortified Green Zone. Dargham said he did not know whether the injuries happened when Muntazer was being overpowered at the press conference or later.

The journalist faces possible trial under a clause in the Iraqi penal code outlawing “aggression against a president”. If convicted, he could be imprisoned for seven to 15 years. Dargham said he was told by the investigating judge that his brother “had co-operated well”, but had no other details.

During a press conference marking Bush’s farewell visit to Iraq as US president, Muntazer jumped up and shouted: “It is the farewell kiss, you dog”. He threw both his shoes at the US leader – a severe insult in the Arab world.

Iraq’s parliament erupted into chaos today as MPs debated Muntazer’s continued detention. An official in the office of the speaker, Mahmoud al-Mashhadani, said he had resigned after the row, although it was not clear why this had happened.

The US state department said yesterday it would condemn “unnecessary force” used against Muntazer, but it did not know whether any had occurred.

Bush’s press secretary, Dana Perino – who was sporting a bruise under her eye after being struck by a microphone stand during the melee – said the president held “no hard feelings” about the incident and accepted it was up to Iraq to decide on any punishment.

Israelis Continue to Abuse Palestinian Prisoners

December 18, 2008


By Mel Frykberg | Inter Press Service


RAMALLAH, West Bank, Dec 17 (IPS) – Israel released over 200 Palestinians from Israeli jails in a “goodwill gesture” Monday. This followed the Muslim feast of Eid Al-Adha and was an attempt to boost the waning popularity of Palestinian President Mahmoud Abbas.

Several prisoners spoke to the assembled local and international media about their time in detention. They accused the Israelis of maltreating and physically abusing detainees despite Israeli claims that torture and the abuse of prisoners have been outlawed and no longer occur.

Most of the detainees were Fatah members, the movement associated with Abbas and the ruling Palestinian Authority (PA) in the West Bank.

Some belonged to smaller Palestinian resistance groups such as the Democratic Front for the Liberation of Palestine (DFLP).

While Israel’s “goodwill gesture” was much touted by the Israeli media, the majority of the prisoners were mostly small-time political detainees, who were due for release fairly shortly, having already served most of their sentences.

Many were teenagers when imprisoned and none were convicted of injuring or killing Israelis.

As negotiations were under way for the release of the 227 prisoners, hundreds more Palestinians were arrested by Israeli security forces.

The move was widely seen as an effort to boost Abbas’s floundering PA. The PA is currently engaged in a political battle against the rival Hamas movement which controls the Gaza Strip.

Hostility between the two main Palestinian political factions is rising as the end of Abbas’s term nears.

Abbas stated he would not step down, while Hamas said it would no longer recognise his authority after Jan. 9, when his term ends.

The released detainees were greeted by tearful family members, friends and hundreds of supporters who crowded into Ramallah’s presidential headquarters in the central West Bank.

Scenes of jubilation erupted against a sea of Fatah and Palestinian flags as patriotic music boomed into the winter air.

Muhammed Abdul Razik, 22, from the town of Qabatia in the northern West Bank, served two of his four-and-a-half-year sentence.

He was convicted in an Israeli court of weapons possession and being a member of the Al-Aqsa Martyr’s Brigades, an armed offshoot of Fatah.

“I was beaten very badly when I was arrested by Israeli Defence Forces (IDF) soldiers. I was kept in the back of a jeep for over four hours in the freezing cold,” Razik told IPS.

“During detention my head was covered with a foul-smelling dirty sack as I was shackled to a chair with my hands handcuffed behind my back in a stressful position.

“Periodically, between punches and slaps, the interrogator would suddenly pull me forward causing extreme pain to my wrists and back,” he said.

Razik added that beatings, insufficient medicine, poor food and lack of family visits were routine while he was incarcerated.

The Israeli Landau Committee into torture in 1987 ruled that Israel’s domestic intelligence agency, the Shabak, or Shin Bet, could use “moderate physical pressure and psychological pressure during the interrogation of detainees.”

The committee did not elaborate on its definition of physical pressure in its report, nor did it outline the circumstances in which it could be used. The details were kept confidential and the full report was never published.

Following petitions by several human rights organisations against the ubiquitous use of torture in the country, the Israeli High Court prohibited the use of certain forms of torture during its 1999 ruling.

However, it authorised the use of “physical means” against detainees including “pressure and a measure of discomfort.”

Rights groups B’Tselem and Hamoked released a report last year ‘Absolute Prohibition: The Torture and Ill-Treatment of Palestinian Detainees’ in which they accused the court ruling of “legitimising severe acts, contrary to international law, which does not acknowledge any exceptions to the prohibition on torture and ill-treatment.”

The organisation added that the beatings, painful binding, humiliation and denial of basic needs appeared to be designed to “soften up the detainees” prior to interrogation.

B’Tselem spokeswoman Sarit Michaeli told IPS, “There has been an improvement, but there are still many cases of ill-treatment occurring.”

B’Tselem and Hamoked interviewed 73 former detainees for their report and found roughly two-thirds had been subject to some kind of mistreatment.

Rabie Al-Latifah from Palestinian human rights group Al-Haq used stronger terms. “Ill-treatment and torture of Palestinian prisoners in Israeli prisons is both widespread and systematic,” Rabie told IPS.

“The United Coalition Against Torture, of which Al-Haq is a member, has observed and recorded evidence of acts, omissions, and complicity by agents of the State at all levels, including the army, the intelligence service, the police, the judiciary and other branches of government,” he added.

The Addameer Prisoners Support and Human Rights Association says that more than 800 Palestinians are currently in administrative detention.

Detainees are held for six months at a time without being brought to trial on the basis of “secret evidence”.

This six-month period can be renewed repeatedly with some administrative detainees being jailed for up to six years without being convicted of any crime.

“Confidential material” denied to the detainee’s lawyer determines the period of detention.

Since 2001, the Israeli State Attorney’s Office received over 500 complaints of ill-treatment by Shin Bet interrogators, but not a single criminal investigation was carried out.

These decisions were based on the findings of an investigation conducted by an inspector who was himself a member of the Shin Bet.

Even in cases were interrogators were found guilty of abusing a detainee the State Attorney’s Office closed the case on the basis that the abuse was carried out in the “necessity of defence”. (END/2008)