Posts Tagged ‘freedom’

Ramsey Clark: ‘A Free People Will Not Permit Torture’

September 9, 2009

By Ramsey Clark, Information Clearing House, September 9, 2009

Throughout history, torture has always been an instrument of tyranny. The very purpose of the Grand Inquisitor was to compel absolute obedience to authority. Torture was the weapon he used in the struggle to force freedom to submit to authority.

Fear is the principal element in both public acceptance of torture and individual submission to it. The frightened public is persuaded that only torture can force confessions essential to prevent catastrophic acts—terrorism in the present context. The frightened victim is persuaded torture will be unbearable, or be his death.

Franklin Roosevelt spoke truth when he said, “The only thing we have to fear is fear itself.” Justice Black warned wisely, “We must not be afraid to be free,” dissenting in In re Anastaplo. Anastaplo was a law school classmate of mine who refused to take a non-Communist oath, a requirement for admission to the Illinois bar at the time. We have failed to follow this wisdom, a failure of faith urged by Lincoln at the then Cooper Institute: “Let us have faith that right makes might and in that faith, let us, to the end, dare to do our duty as we understand it.”

At stake is our cultural insistence that America has faith in freedom, that America is, or aspires to be, the land of the free and the home of the brave. At risk is the image of America, which might become Abu Ghraib, Guantanamo and rendition to torture chambers in client States.

Now we are confronted by the brutish and brazen mentality of Dick Cheney, only one of George W. Bush’s many vices. Having concealed truth by refusing to release records and after the destruction of evidence, Cheney proclaims, “I am very proud of what we did”—a war of aggression that has devastated and fragmented Iraq and Afghanistan, and created a danger to peace in Pakistan and beyond. The same wars that have left 5,000 U.S. soldiers dead and maybe 30,000 with impaired lives, spread corruption within the Bush administration, politics in prosecutors offices, the worst recession in 70 years caused by the failure to police his greedy friends and supporters, boasting of torture by any other name.

Cheney wants us to believe “enhanced interrogation techniques,” the phrase he prefers to torture, “were absolutely essential” in successfully stopping another terrorist attack on the U.S. after 9/11. This is utterly false, a matter of indifference to Cheney who may be getting desperate. These “enhanced interrogation techniques” were, however, torture as defined in Article 1 of the Convention Against Torture of 1984, an international treaty ratified by 184 nations, including the United States a decade late in 1994. The Convention, which is part of the supreme law of the land under the U.S. Constitution, recognizes “the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,” and “that these rights derive from the inherent dignity of the human person.”

Thus, the U.S. is treaty bound to prosecute all persons, high and low, who have authorized, condoned or committed torture if our word in the international community is to mean anything.

The Convention requires each signatory to ensure that all acts of torture are offenses under its criminal law. It requires prosecution, or under specific conditions, extradition to another nation for prosecution of alleged torturers.

Former FBI agent Ali H. Soufan is only one of the key U.S. intelligence and investigative officials directly involved in the key interrogations who have publicly condemned the “enhanced interrogation techniques.” He has explained how the practice not only failed to obtain reliable or new information, but was also harmful. He concluded an op-ed article in the New York Times on Sept. 6, which stated that “the professionals in the field are relieved that an ineffective, unreliable, unnecessary and destructive program, one that may have given Al Qaeda a second wind and damaged our country’s reputation is finished.”

The struggle to prosecute torture by U.S. agents is related to the struggle over health care legislation and troop increases in Afghanistan. Real health care reform would end the theft of major national resources by the insurance industry, pharmaceutical companies, hospitals and the wealth seeking medical profession at the expense of the lives and health of the poor and middle class.

We should remember that a decade before he gave us “What is good for General Motors is good for the nation,” Charles E. Wilson, once President of General Motors, and later Secretary of Defense under President Eisenhower, wrote in the Army Ordinance Journal in 1944: “War has been inevitable in our human affairs as an evolutionary force … Let us make the three-way partnership (industry, government, army) permanent.” Notice what comes first for Wilson, whose credo was “Let us have faith that might makes right.”

President Obama faces all three of these challenges, torture in our name, health care and Afghanistan at once. If he fails to insist on full investigation of torture and prosecution of all persons found to have authorized, directed or committed it, including George W. Bush and Dick Cheney, he will lose all three, because his adversaries in each are the same.

We want to thank every member of the IndictBushNow movement for their work. The announcement that a Special Prosecutor has been appointed to investigate the crimes committed during the Bush administration is a critical step. It was the action taken by you and people all around the country that made this possible. Now we will build on this momentum. The voice of the people must and will be heard.

http://www.impeachbush.org

Unarmed Kashmiri freedom fighters

September 19, 2008

Kashmiri Muslims have broken new ground by waging a non-violent separation struggle but the Indian authorities seem unsure how to respond

Flowing black beard, a headband with “Allahu akbar” (God is great) and a fluttering green flag. This has been the trademark picture of the recent azadi (freedom) processions of Kashmir, where hundreds of thousands marched the streets of this disputed Himalayan region seeking a separation from India.

From a distance, it seems as if the past has returned to Kashmir. But the present contains an irrefutable truth: in place of guns, the people carry slogans. The politics of protest this time is not about the argument of power, but about the power of argument.

Kashmir is the first conflict-ridden Muslim region in the world where people have consciously made a transition from violence to non-violence, and this includes the staunch Islamists too. In fact, the wisdom behind the use of arms to fight a political struggle was being silently debated within Kashmir ever since 9/11 blurred the lines dividing terrorism and genuine political movements. The deteriorating situation inside Pakistan too had tilted the balance towards a peaceful struggle.

Thus when Kashmiris decided to come out to demand azadi recently, there were no militant attacks or suicide bombings. It was through massive unarmed processions where people shouted slogans and waved flags. And when the government tried to halt them, the anger was only manifested through stone pelting. Sensing the overwhelming public mood, the militant groups immediately declared a unilateral ceasefire, admitting the insignificance of the gun for an unarmed people’s movement.

This major shift has not been registered even as it has already formed a new discourse for Kashmir’s separatist struggle. New Delhi’s response was usual – it again used its iron fist, killing 38 unarmed protesters and injuring more than a thousand and enforcing a strict curfew with a hope that the people will be ultimately cowed down. The separatist leadership too was rounded up.

This only shows that New Delhi is misreading the script. This time the authorities are not faced with gun-wielding men but unarmed people. A heavy clampdown keeping the population indoors only puts a temporary lid on the seething anger. Instead of a military intervention, New Delhi should have immediately attempted sincere political and democratic means to engage Kashmir and calm the tempers.

New Delhi’s approach to handling Kashmir for past two decades has been simple and straight: militancy is the only problem and that can be sorted out by stringent military measures. Though there have been several rounds of negotiations with a faction of the separatist leadership too, New Delhi used the process more as a photo-op than a serious effort to address the demands of the people. There have been half a dozen occasions when separatist leadership joined a dialogue with New Delhi to resolve the Kashmir problem amicably – only to find the exercise nothing more than a surrender and thus futile.

The distrust towards New Delhi had reached such proportions that when moderate separatist leader Mirwaiz Umar Farooq decided to join talks with New Delhi, his uncle was murdered in Kashmir. Despite a serious threat to his life, he joined the talks directly with the prime minister of India. Again, the non-serious approach of New Delhi derailed the process, further eroding the credibility of talks with New Delhi in the eyes of Kashmiris. The public standing of separatist leaders who had agreed to talk to New Delhi also diminished substantially.

The recent protests by hundreds of thousands of unarmed people too don’t seem to have changed the mindset of New Delhi’s ruling elite. Instead of acknowledging the intensity of the uprising and the depth of the sentiment in Kashmir, New Delhi again refuses to face the reality and delays engaging in a sincere dialogue with the separatist leadership. The Kashmiris have overwhelmingly announced that peaceful processions and not guns are now their favoured means of protest. This needs to be encouraged and allowed to take firm roots because it could help to put an end to the bloodshed in Kashmir and make an amicable resolution of the problem easy. The phenomenon could also have a positive influence over a dozen such violent conflicts in other Muslim regions across the world. But if peaceful protests are crushed like armed movements, another wave of violence will take root, reinforcing the idea that the gun is mightier than a slogan.

What freedom means in Kashmir

September 16, 2008

By Soutik Biswas
BBC News, Srinagar

A pro-freedom procession in Kashmir

People have raised Pakistani flags in recent demonstrations

The newspaper headlines in the mainly Muslim valley in India-administered Kashmir say it all.

‘Freedom is sweet, no matter how it comes’, says one. ‘People pray for freedom,’ chimes another, reporting on Friday prayers in the valley.

A row over transferring land for a Hindu pilgrimage escalated into a nationalist upsurge in the valley in recent months. Some 30 people have died after security forces fired on protests here. Many say the relative calm at present is just the lull before another storm.

In the eye of the storm is the demand for azadi (freedom) for people living in the valley; the latest bout of unrest has brought the contentious issue back into the limelight again.

For many Indians the demand strikes at the heart of the ‘idea of India’, of a nation that is capable of handling diversity and staying united.

State of mind

But for many of the majority Muslims living in the valley, freedom is the only way to get their pride back. It is the only way, they say, India can redeem itself in the hearts and minds of the Kashmiri.

No wonder, the streets in the valley were agog with cries for freedom during the huge protest processions that the recent crisis triggered off.

People have waved Pakistani flags and belted out pro-Pakistani slogans although, as Booker-prize winning writer Arundhati Roy says, it “would be a mistake to assume that the public expression of affection for Pakistan automatically translates into a desire to accede to Pakistan”.

This time, the call for Kashmiri freedom is coming from a generation of young and restless men and women who grew up during the troubled 1990’s when the valley was wracked by separatist insurgency.

On Kashmir streets, the yearning for freedom is a state of mind.

In a middle-class neighbourhood in Budgam where two young men were killed by security forces during recent protests, Sheikh Suhail, a 24-year-old mass communications student, makes no bones about it.

“We want azadi,” he says, days after he buried a friend who was shot down in the protest.

A Srinagar resident being frisked by Indian troops

People say they want ‘freedom’ from Indian forces

“Nobody quite knows what it will mean for us. We don’t know whether we will survive it. I only know that we want freedom from both India and Pakistan,” he says.

Across town, in the bustling Dalgate area, Sayed Zubair, a government school teacher, is seething after the security forces shot down his elderly neighbour during a recent curfew.

“We live in fear. A free Kashmir is the only solution to make us feel safe,” he says.

His neighbour, Hilal Ahmed, a bank manager, says freedom can help Kashmiris get rid of a twin “stigma”.

“India says it is the biggest democracy in the world. Living in Kashmir, we do not get any sense of that. Being a Kashmiri is a curse, being a Muslim is a crime. So we are doubly disadvantaged in these troubled times.

“The only way to set things right is to India get out of our lives and leave us free.”

So what does freedom mean for most Kashmiris?

Does it mean a sovereign state? Or does it mean greater autonomy? Many people here say that they prefer a form of self-rule. Does freedom from India mean accession with Pakistan? Or does freedom mean India pulling out its half a million or so troops in the state?

Eroded autonomy

For people like Suhail freedom is an intense sentiment. It is, they say, a breaking off from the “oppressive shackles” of the Indian state. For others like political scientist Dr Noor Ahmad Baba and women’s activist Dr Hameeda Nayeem, it is something more substantial.

Many analysts say that the autonomy that Kashmir enjoys under the Indian constitution has been eroded considerably and it is time that the Indian government worked out a new deal for its people.

Dal Lake in Srinagar

Tourism is a big draw in Kashmir

Dr Noor Ahmed Baba says that when most Kashmiris say they want freedom, they do not necessarily mean seceding from India.

“The overwhelming people here want independence. But it does not mean a sovereign state. It could be a higher degree of autonomy rooted in a larger understanding with India and Pakistan, both of whom who would pledge not to interfere.

“For us freedom also means more choices about reviving our old trade, cultural and economic roots. We want to come out of seclusion,” he says.

Dr Hameeda Nayeem says Kashmiris want self-governance and great internal sovereignty – that is what freedom could essentially mean.

“Let us define self-governance. Whether it will be more autonomy or self-rule. Our borders could be jointly managed by India and Pakistan. We want soft borders and free flow of goods.”

She points to the example of the tiny kingdom of Bhutan and wonders why Kashmir cannot have the status of a “protected state” of India like Bhutan.

How could a beautiful valley – with an approximate area 15,520 sq km, only a sixth of the size of Bhutan – cope as an independent country?

‘Not realistic’

Omar Abdullah, head of the mainstream National Conference party, admits that that “freedom sentiment” is serious, but has grave doubts about its feasibility.

“How realistic is it? Will Kashmir ever be really free even if it becomes independent, surrounded as it is by India, China and Pakistan?” he wonders.

A pro-Kashmir protest in Kashmir

Pakistan and India have fought two wars over Kashmir

“How free can it be? What happens to Pakistan-administered Kashmir?

“Freedom is not an option. I have yet to see a model of freedom which convinces me that Jammu and Kashmir as a viable independent entity”.

The irony is that nothing that is being debated in the valley is new.

The builder of modern India and its first prime minister, Jawaharlal Nehru, spoke about a plebiscite in Kashmir and independence for the state with its defence guaranteed by both India and Pakistan.

And Mr Nehru’s letter to the maharajah of Kashmir four months after India’s independence in 1947 was also chillingly prescient.

“It is of the most vital importance that Kashmir should remain with the Indian Union,” he wrote.

“But, however much we may want this, it cannot be done except through the goodwill of the mass of the population.

“Even if military forces held Kashmir for a while a later consequence may be a strong reaction against this.

“Essentially, therefore, this is a problem of psychological approach to the mass of the people and of making them feel they will be benefited by being in the Indian Union.

“If the average Muslim feels that he has no safe and secure place in the Union, then obviously he will look elsewhere. Our basic policy must keep this in view, or else we fail.”

Anatomy of the Kashmir crisis

September 8, 2008

Interview: Sanjay Kak

A humanitarian crisis is unfolding in Kashmir as Indian security forces impose a round-the-clock curfew across the valley.

More than 30 unarmed Kashmiri protesters have been killed by Indian forces in the last few weeks in an effort to stamp out mass demonstrations that have shaken the disputed region, which is partitioned by India and Pakistan, and where India has maintained a military occupation in the section it controls.

The demonstrations were sparked by the announcement of the transfer of 100 acres of public land to the Amarnath Shrine Board, but have since snowballed into a province-wide revolt. Hundreds of thousands of men, women and children have taken to the streets demanding “azadi” (freedom) and their right to self-determination. In response, Indian military and paramilitary forces imposed a curfew and media blackout, and have fired on large, unarmed rallies, killing dozens and injuring hundreds.

Sanjay Kak is a filmmaker whose recently completed documentary, Jashn-e-Azadi (How We Celebrate Freedom) was made over a period of several years in Kashmir. On August 16, days after the mass protests erupted, he spoke with Nagesh Rao.

Protesters demanding "azadi" confront riot police on the streets of Jammu in KashmirProtesters demanding “azadi” confront riot police on the streets of Jammu in Kashmir

WHAT IS the significance of the Kashmiri uprising?

I THINK part of the problem is that in India, our attention always comes in at the tail end of the story. Here it comes in when there is an explosion of resentment against the granting of lands to the Amarnath Shrine Board, and then we all act mystified: “How can there be so much resentment against something so small?”

That’s because no one paid attention to what’s been happening in the year prior, or the five years prior or, indeed, 18 years prior to this event. So there’s a kind of structured amnesia about what events bring us to this place.

And this is not an accident. Particularly when it comes to Kashmir, in India, it is a structured amnesia.

You’ve got more than 500,000 Indian soldiers in Kashmir. They are sitting in literally every street and village and by-lane and crossing and water-point, and then you begin thinking that peace has returned to Kashmir. But it hasn’t. You’re just sitting on top of people.

Then the media dutifully starts wheeling out the spin, and you’re told, “Oh, tourists are returning to Kashmir, all is well, the militancy is gone.” And everybody begins to believe it.

I once had a conversation with an army officer, and he said, “Things are very peaceful here now. As a Kashmiri, you should come and visit, as often as you like.” “Peaceful” is not a word I would use to describe what was around us, even where were sitting, in the officers’ mess, with a breathtaking view of the grand Wular Lake.

“But colonel, there’s a soldier with an AK-47 every 30 feet,” I said.

“No, no,” he said, “we’ve got the situation under control.”

“So when will you leave?” I said, “You know, troop reductions–cut by, say, 20 percent?”

“No, no, that’s out of the question,” he replied. “Everybody would be out on the streets, there would be an uprising.”

On the ground, that colonel commanding a military unit in Kashmir knows the score. The Indian security apparatus has taken 18 years to build a stranglehold on Kashmir, to control every aspect of daily life over there. That is the kind of “peace” that they hammered onto Kashmir.

In the wake of the armed uprising of the 1990s, which was represented as “terrorism” and an “Islamic jihad,” they managed to do what they had to do, because Indians–and the rest of the world–were a little confused about what was happening. But what are they going to do now, when there are no weapons in this uprising? There are just hundreds of thousands of people out on the streets. What are they going to do? Are they going to just start firing? And how many will they kill?

This is the real significance of what we are seeing. Until now, even ostensibly sympathetic Indians would throw the question at the Kashmiris: “Why did you take to the gun? You took to the gun, and you alienated the Indian people.”

This time around, they haven’t brought the gun out. They are coming out in vast numbers and demonstrating for what they believe in. They are coming out in the ways that Indian democracy ought to believe in. Only this time, the same liberal intelligentsia who wanted them to give up the gun are now calling these vast assemblies “violent mobs” of “extremists”!

In a sense, the Indian state is hoisted on its own petard, flummoxed. [Indian rulers] do not know how to react to this situation.

Continued . . .