Stephen Lendman | ZNet, August 30, 2008
The UN Convention against Torture defines the practice as:
“any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain and suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity….”
The US and Israel are the only two modern states that legally sanction torture. An earlier article covered America. This one deals with the Jewish state, but let there be no doubt:
Although its language in part is vague, contradictory and protects abusive practices, Section 277 of Israel’s 1977 Penal Law prohibits torture by providing criminal sanctions against its use. It specifically states in language similar to the UN Convention against Torture:
“A public servant who does one of the following is liable to imprisonment for three years: (1) uses or directs the use of force or violence against a person for the purpose of extorting from him or from anyone in whom he is interested a confession of an offense or information relating to an offense; (2) threatens any person, or directs any person to be threatened, with injury to his person or property or to the person or property of anyone in whom he is interested for the purpose of extorting from him a confession of an offense or any information relating to an offense.” However, Israel clearly discriminates against Palestinians, (including Israeli Arab citizens), denies them rights afforded only to Jews, and gets legal cover for it by its courts. More on that below.
Nonetheless, the Jewish state is a signatory to the 1984 UN Convention against Torture and other international laws banning the practice. It’s thus accountable for any violations under them to all its citizens and persons it controls in the Occupied Territories.
US statutes leave no ambiguity on torture. Neither do international laws like The (1949) Third Geneva Convention’s Article 13 (on the Treatment of Prisoners of War). It states:
They “must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited….(these persons) must at all times be protected, particularly against acts of violence or intimidation….”
Third Geneva’s Article 17 states:
“No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war” for any reasons whatsoever.
Third Geneva’s Article 87 states:
“Collective punishment for individual acts, corporal punishments, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
The (1949) Fourth Geneva Convention’s Article 27 (on the treatment of Civilian Persons in Time of War) states:
Protected persons “shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof….”
Fourth Geneva’s Articles 31 and 32 state:
“No physical or moral coercion shall be exercised against protected persons.”
“This prohibition applies to….torture (and) to any other measures of brutality whether applied by civilian or military agents.”
Fourth Geneva’s Article 147 calls “willful killing, torture or inhuman treatment….grave breaches” under the Convention and are considered “war crimes.”
All four Geneva Conventions have a Common Article Three requiring all non-combatants, including “members of armed forces who laid down their arms,” to be treated humanely at all times.
The (1966) International Covenant on Civil and Political Rights Article 7 states:
“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
Its Article 10 states:
” All persons deprived of their liberty shall be treated with humanity….”
The (1984) UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is explicit in all its provisions. It prohibits torture and degrading treatment of all kinds against anyone for any purpose without exception.
Various other international laws affirm the same thing, including the UN Charter with respect to human rights, 1945 Nuremberg Charter on crimes of war and against humanity, the (1948) Universal Declaration of Human Rights, the (1988) UN Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment, the UN (1955) Standard Minimum Rules for the Treatment of Prisoners, and (1990) UN Convention on the Rights of the Child. So does Article 5 of the International Criminal Court’s (ICC) Rome Statute with regard to crimes of war and against humanity. Torture is such a crime – the gravest of all after genocide.

Bagram Detainees Treated ‘Worse Than Animals’
June 27, 2009An investigation by the British Broadcasting Corporation (BBC) has revealed that former detainees at the U.S. Bagram airbase in Afghanistan were beaten, deprived of sleep and threatened with dogs.
The BBC’s conclusions are based on interviews with 27 former detainees who were held at Bagram between 2002 and 2006. None of these men were ever charged with a crime. Hundreds of detainees are still being held in U.S. custody at the Afghan prison without charge or trial.
Jonathan Hafetz, an attorney with the American Civil Liberties Union’s National Security Project, told IPS, “The BBC investigation provides further confirmation of the United States’ mistreatment of prisoners at Bagram.”
“These abuses are the direct consequence of decisions made at the highest levels of the U.S. government to avoid the Geneva Convention and forsake the rule of law. For too long, the unlawful detention and mistreatment of prisoners at Bagram has gone on outside the public eye,” he said. “Hopefully, this investigation will help change that.”
“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,” Hafetz said.
In April, the ACLU filed a Freedom of Information Act (FOIA) request for records pertaining to the detention and treatment of prisoners held at Bagram, including the number of people currently detained, 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,” said Melissa Goodman, an ACLU staff attorney. “The American people have a right to know what’s happening at Bagram and whether prisoners have been tortured there.”
Amnesty International said it was “shocked” by the Bagram claims. It noted that a new detention center is currently under construction at the camp.
Another prominent human rights organization, the British-based Reprieve, called on the British government to take action concerning two Pakistanis who it says the U.K. helped render there from Iraq.
“The legal black hole in Bagram underlines the British government’s moral black hole when it comes to rendering two Pakistani prisoners there in 2004,” said Clive Stafford Smith, director of Reprieve. “These men were in British custody in Iraq, were turned over to the U.S., and have now been held for five years without any respect for their legal rights.”
In February 2009, British Defense Secretary John Hutton announced to the House of Commons that Britain had handed two anonymous Pakistani men over to the U.S., and they had subsequently been rendered to Afghanistan, where they were still being held.
“We have been assured that are held in a humane, safe and secure environment, meeting international standards consistent with cultural and religious norms,” Hutton said at the time.
“As we have said all along, beating people and holding them incommunicado is not humane, safe and secure,” Stafford Smith told IPS. “Britain has a moral duty to identify these men, so that we can reunite them with their legal rights, yet Mr. Hutton refuses to do this.”
No prisoner in Bagram has been allowed to see a lawyer, or challenge his detention. According to the BBC, the U.S. justice department argues that because Afghanistan is an active combat zone it is not possible to conduct rigorous inquiries into individual cases and that it would divert precious military resources at a crucial time.
“These men were never in Afghanistan until the UK and the U.S. took them there,” said Stafford Smith. “It is the height of hypocrisy to take someone to Bagram and then claim that it is too dangerous to let them see a lawyer. Even Guantánamo Bay is better than this.”
The Pentagon has denied the BBC’s charges of harsh treatment and insisted that all inmates in the facility are treated humanely.
The Bagram Airbase built by the Soviet military in the 1980s. The approximately 600 people held there are classified as “unlawful enemy combatants.” None was charged with any offence or put on trial — some even received apologies when they were released.
Many allegations of ill-treatment appear repeatedly in the BBC interviews: physical abuse, the use of stress positions, excessive heat or cold, unbearably loud noise, being forced to remove clothes in front of female soldiers.
In four cases detainees were threatened with death at gunpoint.
“They did things that you would not do against animals let alone to humans,” said one inmate.
“They poured cold water on you in winter and hot water in summer. They used dogs against us. They put a pistol or a gun to your head and threatened you with death,” he said.
“They put some kind of medicine in the juice or water to make you sleepless and then they would interrogate you.”
The BBC said its findings were shown to the Pentagon. Lt. Col. Mark Wright, a spokesman for the U.S. secretary of defense, insisted that conditions at Bagram “meet international standards for care and custody.” He said the U.S. Defense Department has a policy of treating detainees humanely.
But he acknowledged that, “There have been well-documented instances where that policy was not followed, and service members have been held accountable for their actions in those cases.”
Since coming to office, U.S. President Barack Obama has banned the use of torture and ordered a review of policy on detainees, which is expected to report next month. But unlike its detainees at the U.S. naval facility at Guantánamo Bay in Cuba, the prisoners at Bagram have no access to lawyers and they cannot challenge their detention.
(Inter Press Service)
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Tags:ACLU, Afghanistan, BBC investigation, detainees, ill treatment of prisoners, U.S. Bagram airbase, United States
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