Posts Tagged ‘military tribunal system’

Why are they letting torturers off the hook?

May 20, 2009

Barack Obama is disappointing expectations that he would at least curb the worst abuses of the Bush administration.

Dick Cheney, Barack Obama, Nancy Pelosi, George Bush

EVERYONE EXPECTS Dick Cheney to rationalize torture by the CIA and U.S. armed forces. But Barack Obama?

Anger is growing among many people who voted for Obama last November over how the president has reversed himself on key issues relating to the treatment of detainees in the “war on terror”–and how the government should handle evidence of past abuses.

First, Obama decided not to release photos of brutal treatment of detainees, citing the safety of U.S. troops as a rationale. Then, reversing a campaign promise to get rid of the Bush administration’s military tribunal system for detainees, the administration admitted it would use “modified” military tribunals, rather than giving these prisoners access to U.S. courts.

Plus, House Speaker Nancy Pelosi has waded into her own mess over the issue. She came up with first one, then another explanation in denying that she had been briefed about waterboarding–torture by any other name–as early as 2002, in spite of CIA memos suggesting otherwise.

Such incidents are a slap in the face to millions of people who looked to Obama and the Democrats to reverse the worst abuses of the Bush administration–including its rabid defense of the right of the U.S. government to torture prisoners and lock them away indefinitely without due process.

Dick Cheney, of course, is still making his case. Like a bad horror movie villain, the former vice president just won’t go away. In May, he took to the airwaves to lecture America–and especially the Democrats–about how helpful it was to torture “war on terror” prisoners.

“No regrets. I think it was absolutely the right thing to do,” Cheney told CBS News. Harsh “enhanced” interrogations, including waterboarding, “saved thousands, perhaps hundreds of thousands, of lives,” he said.

In reality, there’s no evidence that torture “saved lives.” When FBI Chief Robert Mueller was asked by Vanity Fair if he knew of any planned terrorist attacks on the U.S. that had been thwarted thanks to intelligence obtained through “enhanced techniques” of interrogation, he responded, “I don’t believe that has been the case.”

Not only did the torture of detainees fail to “save lives,” it destroyed some prisoners, both mentally and physically. Some “confessed” to plots they couldn’t possibly have been involved in, just to get the torture to stop.

Khalid Sheik Mohammed, for example, was waterboarded repeatedly–at least 183 times in a single month in 2005. Little wonder that Mohammed later “admitted” to being involved in more than 30 terrorist plots or activities, including planning the September 11 attacks, personally killing Wall Street Journal reporter Daniel Pearl in 2002, and plotting the murder of former Presidents Jimmy Carter and Bill Clinton, and Pope John Paul II.

Such confessions are as reliable as those of women who confessed to being witches during the Salem witch trials.

In truth, if Cheney really wanted “full disclosure” on the issue of torture and interrogations, he’d be in favor of full Congressional hearings on the matter–which, so far, he and other Republicans (and most Democrats) have denounced.

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IF CHENEY and other Republicans have been able to go on the offensive over torture, however, it’s only because Obama and the Democrats are giving them the room to do so.

Pelosi is a case in point. She was caught lying about the fact that, as the ranking member of the House Intelligence Committee, her aide attended a CIA briefing in which waterboarding was discussed as a tactic being used on detainees. In addition, a national intelligence report showed Pelosi was briefed in 2002–and her aide in 2003–on enhanced interrogation techniques.

Meanwhile, Barack Obama has made a U-turn on important issues related to torture. He justified his decision not to release additional photos showing brutal treatment of detainees with the claim that this would spark a backlash that could put U.S. troops in harm’s way–an excuse used repeatedly by figures in the Bush administration in their attempt to keep Abu Ghraib and other scandals under wraps.

Some of the photos were later released by the Australian television channel SBS–and far from being “not particularly sensational,” as Obama claimed, they show shocking acts of brutality. One picture shows a naked detainee hanging upside-down off a steel bed frame. Another shows a naked man smeared in excrement, standing in a corridor near a menacing-looking guard.

As Salon.com’s Glenn Greenwald noted:

Obama sounded positively Rumsfeldian in his insistence that releasing the photos could hurt the troops…For the first time in his presidency, I had the sick feeling that Obama was lying in his remarks on the photos, once when he said the new images “are not particularly sensational, especially when compared to the painful images that we remember from Abu Ghraib”–I simply don’t believe that–and again when he insisted “the individuals who were involved have been identified, and appropriate actions have been taken.”

That is a flat-out lie. Out of eight prosecutions, mostly of so-called bad apples, only reservist Charles Graner sits in prison today, while the architects who “Gitmo-ized” Abu Ghraib and encouraged torture all went free.”

Likewise, the Obama administration broke its promise to shut down the military tribunal system at Guantánamo Bay, Cuba, and grant detainees the right to a trial in U.S. courts or under the Uniform Code of Military Justice. Instead, the White House will adopt some kind of modified military commissions to try detainees at Guantánamo.

Unlike the commissions planned under Bush, these proceedings will supposedly exclude evidence obtained through torture or other harsh interrogation methods, and limit the use of hearsay as evidence.

But the problem isn’t the way the commissions are handled–it’s the commissions themselves. Like its predecessor, the Obama administration plans to subvert the law by creating its own unconstitutional court system for detainees.

The Obama administration plans to retain military commissions not out of some worry about “terrorists” being tried in civilian courts, but because it is in the interest of the U.S. government to keep such a weapon in its arsenal.

So Obama orders the Guantánamo prison closed down, but keeps open the option of “rendering” prisoners to other countries. He publicly denounces torture, but protects U.S. officials who crafted torture policies from being prosecuted. He claims the mantle of civil liberties, but defends the right of the government to eavesdrop on citizens without a warrant. He travels to Egypt to further a U.S. “dialogue” with the Arab and Muslim worlds, but prevents victims of CIA kidnapping from getting their day in court.

All this is part of the logic that comes with running the world’s only superpower. When it comes to the pursuit of U.S. imperial aims, human rights are expendable.

Problem of Guantánamo detainees returns to haunt Barack Obama

May 4, 2009

May 4, 2009

U.S. President Barack Obama wipes his face

President Obama is on the verge of breaking two key campaign promises in his troubled attempt to shut Guantánamo Bay — with plans to revive the military tribunal system set up by George Bush and to continue the indefinite detention of up to 100 inmates.

The moves, which have not yet been signed off by Mr Obama but look increasingly likely, are a result of his promise on his second day in office to shut the Guantánamo Bay prison within a year.

Since then, officials charged with working out how to shut down the prison concede that up to 100 of the 241 detainees remaining are either too dangerous to release or cannot be tried in a military or civilian court. The evidence against many of them is tainted because they were tortured, or involves sensitive issues of national security that cannot be revealed.

The latest Administration thinking has been decried by human rights groups who point out that as a presidential candidate, Mr Obama called the military tribunal system an enormous failure and condemned the indefinite detention of detainees as a gross breach of the US Constitution.

In addition to his pledge to shut Guantánamo, Mr Obama ordered a 120-day suspension of the military tribunal system, pending a review. Officials say that they now want a three-month extension, and have indicated that the hearings are likely to be restarted, with some modifications.

On the campaign trail, Mr Obama criticised the military tribunals because they drastically reduced the rights of defendants, with hearsay evidence permitted and even testimony produced under the harsh interrogation techniques the new Administration says amounted to torture.

Now Mr Obama’s lawyers are worried that they will struggle to try many detainees in federal court because a civilian judge could throw out much of the evidence, allowing allegedly dangerous men to walk free. Plans being worked on are to modify the tribunal system to increase the rights of defendants, but without giving them the full protections provided by the American legal system.

At a recent House hearing, Eric Holder, Mr Obama’s Attorney General, said that military tribunals could still be used but “would be different from those previously in place”.

Robert Gates, the Defence Secretary, who was asked last week if the Administration would abandon the Guantánamo tribunal system, said: “Not at all.” He added: “The commissions are still very much on the table.”

Jameel Jaffer, a lawyer for the American Civil Liberties Union (ACLU), said: “To revive a fatally flawed system that was designed to evade due process and the rule of law would be a grave error and a huge step backward.” Just as dismaying for such groups is the admission by Mr Gates to Congress last week that up to 100 detainees will probably have to be detained without trial, possibly in facilities on the US mainland.

Mr Gates said that 50 to 100 inmates “who we cannot release and cannot try” could end up being held without trial, probably on US soil. When asked about Mr Obama’s pledge to shut Guantánamo by January, Mr Gates said: “I think that question is still open.” Mr Gates did not specify whether such detentions would be temporary or indefinite, but acknowledged that congressmen and senators in all 50 states would oppose taking such detainees into their regions.

Anthony Romero, the executive director of the ACLU, said: “President Obama’s decision to close Guantánamo will be betrayed if we simply replace it with another detention centre on US soil that disregards the law.”