Posts Tagged ‘torture’

« Older Entries
Newer Entries »

Binyam blames UK for mistreatment

March 13, 2009

BBC News,  March 13, 2009

Binyam Mohamed

A UK resident freed from Guantanamo Bay has said he would not have faced torture or extraordinary rendition but for British involvement in his case.

US interrogators told him, “This is the British file and this is the American file,” Binyam Mohamed, 30, told the BBC in his first broadcast interview.

He said he wanted to see ex-President George Bush put on trial and, if there was evidence, former UK PM Tony Blair.

The UK says it does not condone torture, but will investigate claims.

The US, which has dropped all charges against Mr Mohamed, says he has a history of making unsubstantiated claims.

BBC News reporter Jon Manel, who conducted the interview at a secret location, said that Mr Mohamed looked “very thin” and claimed to be suffering from health problems.

Mr Mohamed, who spoke to the media against the advice of his psychiatrist because he wanted people to know what happened to him, described his return to the UK last month.

Feelings of happiness and sadness, I still don’t have them. As far as I am concerned, nothing matters
Binyam Mohamed

“I didn’t feel like I was free. Even now I don’t feel that I’m free,” he said.

“It’s been seven years of literal darkness that I have been through. Coming back to life is taking me some time.”

He added: “I don’t have the regular person’s feelings that people have. The feelings of happiness and sadness, I still don’t have them.

“As far as I am concerned, nothing matters.”

The former terror suspect said that the six years and 10 months he spent in detention had left him feeling “dead”.

MI5 involvement

While detained in Pakistan, Mr Mohamed said he was interviewed for three hours by an MI5 officer calling himself John whose role, according to Mr Mohamed, was to support the American interrogators.

“If it wasn’t for the British involvement right at the beginning of the interrogations in Pakistan, and suggestions that were made by MI5 to the Americans of how to get me to respond, I don’t think I would have gone to Morocco,” he said.

“It was that initial help that MI5 gave to America that led me through the seven years of what I went through.”

The MI5 agent who questioned him has previously denied at the British High Court any suggestion that he threatened or put any pressure on Mr Mohamed.

In the ‘dark prison’ I was … dead. I didn’t exist. I wasn’t there. There was no day, there was no night
Binyam Mohamed

During the interview, Mr Mohamed’s lawyer prevented him from answering questions about travel documents he had used to get to Afghanistan and a training camp he attended.

This was because Mr Mohamed’s immigration status is currently under review.

Mr Mohamed said that in July 2002 he was flown to a secret site in Morocco where, he claimed, he was tortured by local officers asking him questions supplied by British intelligence operatives and showing him hundreds of photographs of Muslim men living in the UK.

“The interrogator who was showing me the file would say, ‘This is the British file and this is the American file.'”

Mr Mohamed said that 70% of questions put to him had to have come from sources in the UK.

In the UK, the attorney general is continuing a review into whether to ask police to investigate allegations of British collusion in mistreatment of Mr Mohamed.

His lawyers have previously placed on record claims that the torture included a razor being used to slash his genitals.

Special agent

Mr Mohamed said his mistreatment began soon after he was arrested in Pakistan in early 2002.

In the interview, extracts of which were broadcast on Radio 4’s Today programme, he said he was questioned by a middle-aged man with a ponytail claiming to be “Jim from the FBI”.

Jim reportedly said he was a special agent sent from Washington to ask questions on behalf of the White House.

He asked about Mr Mohamed’s alleged role in a plot to detonate a dirty bomb in the US, which Mr Mohamed said was a “fantasy”.

The former detainee told the BBC he had never been involved in any plots and had not attended terrorist training camps before 9/11.

Asked if he had been an al-Qaeda operative, he replied: “I don’t even know what that means because how am I supposed to be an al-Qaeda operative?

“How do you become an al-Qaeda operative?”

Camp closure

In January 2004, Mr Mohamed said he was taken to a place he calls the “dark prison” in the Afghan capital, Kabul, where he said he almost lost his mind.

He claimed he was put in a dark cell with just a blanket on the floor.

Speakers attached to the walls pumped out music by the American rapper Eminem 24 hours a day for a month.

“In the ‘dark prison’ I was literally dead. I didn’t exist. I wasn’t there. There was no day, there was no night.”

Following his experiences in Kabul, Mr Mohamed signed a confession which he said he agreed to only because he was told he would be flown back to the “dark prison” if he didn’t co-operate.

Shortly after this he was sent to Guantanamo Bay where, he said, guards attacked him for refusing to give his fingerprints.

He claimed abuses at the camp had increased since President Barack Obama announced his intention to close it within a year.

On Thursday, a Home Office spokesperson said: “The government unreservedly condemns the use of torture as a matter of fundamental principle and works hard with its international partners to eradicate this abhorrent practice worldwide.

“The security and intelligence agencies do not participate in, solicit, encourage or condone the use of torture or inhumane or degrading treatment.”

Tags:, , , , , , , ,
Posted in Human rights, Muslims, Uncategorized | Leave a Comment »

Ex-Gitmo detainee: memos show UK torture complicity

March 9, 2009

Jurist, March 8, 2009

Former Guantánamo Bay detainee Binyam Mohamed claimed in March 8 media reports that documents sent from MI5 to the CIA show that the British intelligence agency was involved with his alleged torture in Morocco. Mohamed claimed the documents reveal that MI5 fed the CIA questions that ended up in the hands of his Moroccan interrogators. A telegraph to the CIA dated Nov. 5, 2002, reportedly has the heading, “Request for further Detainee questioning.”

Mohamed, a native of Ethiopa who claims to have been transferred to Morocco for torture under a US program of extraordinary rendition, said he obtained the documents through the US legal process while seeking his release from Guantánamo Bay. Conservative MP David Davis called for investigations into British collusion in torture.

Last week, the UK government’s independent reviewer of terror laws called for a judicial inquiry into British complicity in US rendition and torture. British media reported last week that UN special rapporteur on torture Manfred Nowak told British ministers that MI5 may have been complicit in torture committed while detainees including Mohamed were in US custody. Mohamed was returned to the UK last week following seven years of detention, including five at Guantanamo Bay, where he was held on charges of conspiring to commit terrorism. Those charges were dismissed in October, but Mohamed remained in custody while US authorities considered filing new charges.

Tags:, , , , , ,
Posted in Human rights, imperialism, Muslims, Uncategorized | Leave a Comment »

Obama administration backs immunity for author of Bush torture memos

March 9, 2009
By Patrick Martin | WSWS,  March 9,  2009

In legal arguments before a federal court in San Francisco Friday, the Obama administration stepped in to defend one of most notorious figures in the Bush administration, John Yoo, author of legal memoranda used to justify torture and indefinite detention without trial as part of the “war on terror.”

The intervention makes clear that the Obama administration opposes any serious effort to shed light on the attacks against democratic rights carried out by its predecessor or to hold any officials of the previous administration accountable for their actions. Moreover, its court interventions amount to a defense of the Bush administration’s assertions of quasi-dictatorial presidential powers.

Friday’s court hearing before US District Judge Jeffrey White concerned a civil suit brought by Jose Padilla, the US citizen who was imprisoned without charges for more than three years in a US Navy brig after Bush designated him an “enemy combatant.”

Padilla is now in federal prison, serving a 20-year sentence after being convicted on trumped-up conspiracy charges that had nothing to do with the sensationalized claims of the Bush administration that he was the leader of a plot to detonate a radioactive “dirty bomb” in an American city.

He has filed suit against numerous Bush administration officials, charging that his detention at the Navy brig, during which he was held in isolation and tortured, violated his constitutional rights. Yoo is being sued as the author of the legal opinion that upheld the arbitrary presidential authority under which Padilla was being held.

The Bush administration vigorously defended Yoo and the legal opinions he issued and sought to have the case thrown out on the grounds that US government employees cannot be sued for actions taken in the course of their official duties.

Immunity from lawsuits over official acts is an accepted US legal principle, but there is a broad exception for known criminal acts and abuses of power. Under the precedent set by the Nuremberg Trials after World War II, “just following orders” is not an adequate legal defense, particularly for those who were in a position to give the orders or define how they were to be interpreted. Yoo’s position in 2001 as an attorney at the Justice Department’s Office of Legal Counsel, which produces the official legal rationale for executive actions, clearly fits that description.

Padilla is not seeking either release from his current imprisonment or significant monetary damages. His claim against Yoo, for instance, is for $1, but his suit seeks a declaration from the federal government that his three-year ordeal in the Navy brig was illegal. “Plaintiffs seek to vindicate their constitutional rights,” his lawyers argue, “and ensure that neither Mr. Padilla nor any other person is treated this way in the future.”

Justice Department lawyers told the court Friday that despite the changeover from Bush to Obama, there would be no change in the legal position of the government in this case. Their declarations came in response to written questions issued by Judge White the day before, asking whether the position taken by Yoo’s attorneys had been “fully vetted” by the new administration.

One government lawyer, Mary Mason, told Judge White that permitting the lawsuit against Yoo to go forward could make government employees unwilling to do their jobs. These employees might decide that “I’m not designating you an enemy combatant, and I’m not going to interrogate you, because I might get sued,” she argued.

Several memos drafted by Yoo in 2001 and 2002 were released by the Justice Department earlier this week as part of discovery in the lawsuit. The memos include extraordinary assertions of presidential authority to override the Constitution and the Bill of Rights in the name of the “war on terror,” including suspension of the First and Fourth amendments and the use of the military against civilian targets within the United States. [See “US Justice Department memos: the specter of military dictatorship”]

Judge White, appointed to the federal bench by George W. Bush, took Yoo’s assertion of quasi-dictatorial presidential authority far more seriously than the Justice Department lawyers who appeared before them. He called Yoo’s arguments in one 2001 memorandum “a pretty scary position,” and seemed reluctant to throw out Padilla’s suit, despite Mason’s argument that the torture memorandums had been largely withdrawn before the end of the Bush administration.

The following exchange gives the flavor of the arguments: “We’re not saying we condone torture,” Mason said. But whether a government lawyer could be sued for condoning torture “is for the executive to decide, in the first instance, and for Congress to decide,” not the courts.

Judge White asked, “You’re not saying that if high public officials commit clearly illegal acts, a citizen subject to those acts has no remedy in this court?” Mason responded by citing the position take by the Bush Justice Department last year that the courts should not interfere in wartime decision-making by the executive branch.

Heather Metcalf, an attorney for Padilla, noted that Yoo had served on the “war council” that set Bush administration policy for the treatment of prisoners, and that one of the specific purposes of his memorandums was to shield officials from future liability for their encroachments on constitutional rights. “Defendant Yoo,” she said, “must not take refuge in the legal no man’s land that he helped to create.”

After the court session, a Justice Department spokesman, Matt Miller, sought to downplay the political significance of the intervention. “This administration has made no secret that we disagree with many of the previous administration’s legal policies on national security issues,” he said. “Nevertheless, we generally defend employees or former employees of the department in litigation filed in connection with their official duties.”

Yoo himself is a completely unrepentant defender of both torture and unchecked executive authority. In an interview with the Orange County Register, he said that he doesn’t “think he would have made the basic decisions differently,” adding that he would have polished the arguments more if he had known the memorandums would be made public. “When you are in the government, you have very little time to make very important decisions,” he said. “You don’t have the luxury to research every single thing and that’s accelerated in war time.”

Apparently his legal “research” did not include the text of the Constitution, which clearly gives Congress decision-making power over “captures” in wartime, and entirely ignored the Constitution’s Bill of Rights.

The position taken by the Obama administration in the Yoo lawsuit is consistent with its efforts in a whole series of court cases involving national security and democratic rights, where the Obama Justice Department has essentially adopted the Bush administration’s standpoint as its own. This includes assertion of the “state secrets” privilege to suppress lawsuits against illegal kidnappings by the CIA (“rendition”) and illegal surveillance by the National Security Agency.

Last week government lawyers opposed a request for US District Judge Vaughn Walker in San Francisco to consider whether legislation passed last year by Congress goes too far in authorizing blanket legal immunity for telecommunications companies that cooperated in warrantless surveillance of US citizens. A spokesman for the Justice Department declared the 2008 legislation—for which Senator Barack Obama voted—is “the law of the land, and, as such, the Department of Justice defends it in court.”

So clear is the continuity between the Bush and Obama administrations in this area that the Wall Street Journal published an editorial Friday, headlined, “Obama Channels Cheney,” hailing the new administration’s stand on warrantless wiretapping. “The Obama Justice Department has adopted a legal stance identical to, if not more aggressive than, the Bush version,” the newspaper’s right-wing editorial board gloated.

Tags:, , , , ,
Posted in Uncategorized, USA | Leave a Comment »

War Crimes and Double Standards

March 8, 2009

Robert Parry | Consortiumnews.com, March 5, 2009

New York Times columnist Nicholas D. Kristof – like many of his American colleagues – is applauding the International Criminal Court’s arrest order against Sudanese President Omar Hassan al-Bashir for his role in the Darfur conflict that has claimed tens of thousands of lives.

In his Thursday column, Kristof describes the plight of an eight-year-old boy named Bakit who blew off his hands picking up a grenade that Kristof suspects was left behind by Bashir’s forces operating on the Chad side of the border with Sudan.

“Bakit became, inadvertently, one more casualty of the havoc and brutality that President Bashir has unleashed in Sudan and surrounding countries,” Kristof wrote. “So let’s applaud the I.C.C.’s arrest warrant, on behalf of children like Bakit who can’t.”

By all accounts, Kristof is a well-meaning journalist who travels to dangerous parts of the world, like Darfur, to report on human rights crimes. However, he also could be a case study of what’s wrong with American journalism.

While Kristof writes movingly about atrocities that can be blamed on Third World despots like Bashir, he won’t hold U.S. officials to the same standards.

Most notably, Kristof doesn’t call for prosecuting former President George W. Bush for war crimes, despite hundreds of thousands of Iraqis who have died as a result of Bush’s illegal invasion of their country. Many Iraqi children also don’t have hands – or legs or homes or parents.

But no one in a position of power in American journalism is demanding that former President Bush join President Bashir in the dock at The Hague.

Tortured Commission

As for the unpleasant reality that Bush and his top aides authorized torture of “war on terror” detainees, Kristof suggests only a Republican-dominated commission, including people with close ties to the Bush Family and to Bush’s first national security adviser Condoleezza Rice.

“It could be co-chaired by Brent Scowcroft and John McCain, with its conclusions written by Philip Zelikow, a former aide to Condoleezza Rice who wrote the best-selling report of the 9/11 commission,” Kristof wrote in a Jan. 29 column entitled “Putting Torture Behind Us.”

“If the three most prominent members were all Republicans, no one on the Right could denounce it as a witch hunt — and its criticisms would have far more credibility,” Kristof wrote.

“Democrats might begrudge the heavy Republican presence on such a commission, but surely any panel is better than where we’re headed: which is no investigation at all. …

“My bet, based on my conversations with military and intelligence experts, is that such a commission would issue a stinging repudiation of torture that no one could lightly dismiss.”

In an earlier formulation of this plan, Kristof suggested that the truth commission be run, in part, by Bush’s first Secretary of State Colin Powell.

One of the obvious problems with Kristof’s timid proposal is that Rice and Powell were among the senior Bush officials who allegedly sat in on meetings of the Principals Committee that choreographed the abuse and torture of specific detainees.

Zelikow remained a close associate of Rice even after she replaced Powell as Secretary of State. And Scowcroft was President George H.W. Bush’s national security adviser and one of Rice’s key mentors.

It’s also not true that any investigation is always better than no investigation. I have witnessed cover-up investigations that not only failed to get anywhere near the truth but tried to discredit and destroy whistleblowers who came forward with important evidence. [For examples, see Secrecy & Privilege.]

In other words, bogus and self-interested investigations can advance bogus and self-interested history, which only emboldens corrupt officials to commit similar crimes again.

No Other Context

Kristof’s vision of having President Bush’s friends, allies and even co-conspirators handle the investigation of Bush’s crimes would be considered laughable if placed in any other context.

But Kristof’s cockeyed scheme passes almost as conventional wisdom in today’s Washington.

On Wednesday, the Washington Post assigned its satirical writer, Dana Milbank, to cover – and mock – Sen. Patrick Leahy’s Judiciary Committee hearing on his own plan for a truth commission to examine Bush-era abuses.

Milbank’s clever article opened with the knee-slapping observation: “Let’s be truthful about it. Things aren’t looking so good for the Truth Commission.”

The derisive tone of the article also came as no surprise. Milbank has made a cottage industry out of ridiculing anyone who dares think that President Bush should be held accountable for his crimes.

In 2005, when the Democrats were in the minority and the Republicans gave Rep. John Conyers only a Capitol Hill basement room for a hearing on the Downing Street Memo’s disclosures about “fixed” intelligence to justify the Iraq War, Milbank’s column dripped with sarcasm.

“In the Capitol basement yesterday, long-suffering House Democrats took a trip to the land of make-believe,” Milbank wrote. “They pretended a small conference room was the Judiciary Committee hearing room, draping white linens over folding tables to make them look like witness tables and bringing in cardboard name tags and extra flags to make the whole thing look official.”

And the insults – especially aimed at Conyers – kept on coming. The Michigan Democrat “banged a large wooden gavel and got the other lawmakers to call him ‘Mr. Chairman,’” Milbank wrote snidely. [For details, see Consortiumnews.com’s “Mocking the Downing Street Memo.”]

Then, last July, Milbank ridiculed a regular House Judiciary Committee hearing on Bush’s abuses of presidential power. The column ignored the strong case for believing that Bush had violated a number of international and domestic laws, the U.S. Constitution, and honorable American traditions, like George Washington’s prohibition against torture.

Instead, it was time to laugh at the peaceniks. Milbank opened by agreeing with a put-down from Rep. Lamar Smith, R-Texas, calling the session “an anger management class.” Milbank wrote: “House Democrats had called the session … to allow the left wing to vent its collective spleen.”

Milbank then insulted Rep. Dennis Kucinich, who had introduced impeachment resolutions against Bush, by calling the Ohio Democrat “diminutive” and noting that Kucinich’s wife is “much taller” than he is.

What Kucinich’s height had to do with an issue as serious as abuses of presidential power was never made clear. What Milbank did make clear, through his derisive tone and repeated insults, was that the Washington Establishment takes none of Bush’s crimes seriously.

So, Milbank’s mocking of Leahy’s latest initiative fits with this pattern of the past eight years – protecting Bush from the “nut cases” who think international law and war-crimes tribunals should apply to leaders of big countries as well as small ones.

The pattern of “American exceptionalism” also can be seen in Kristof cheering the application of international law against an African tyrant but suggesting that Bush’s offenses should be handled discreetly by his friends.

Journalist Murray Waas often used the saying, “all power is proximate.” I never quite understood what he meant, but my best guess was that Waas was saying that careerists – whether journalists or from other professions – might have the guts to take on someone far away or who lacked power, while ignoring or excusing similar actions by someone close by with the power to hurt them.

That seems to be especially true about Washington and its current cast of “respected” journalists. They can be very tough on President Bashir but only make excuses for President Bush.

Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, Neck Deep: The Disastrous Presidency of George W. Bush, was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq and Lost History: Contras, Cocaine, the Press & ‘Project Truth’ are also available there. Or go to Amazon.com.

Tags:, , , , , , ,
Posted in Commentary, War Criminals | Leave a Comment »

War comes home to Britain

March 6, 2009

By Pilger, John | ZSpace, March 6, 2009

John Pilger’s ZSpace Page

Freedom is being lost in Britain. The land of Magna Carta is now the land of secret gagging orders, secret trials and imprisonment. The government will soon know about every phone call, every email, every text message. Police can willfully shoot to death an innocent man, lie and expect to get away with it. Whole communities now fear the state. The foreign secretary routinely covers up allegations of torture; the justice secretary routinely prevents the release of critical cabinet minutes taken when Iraq was illegally invaded. The litany is cursory; there is much more.

Indeed, there is so much more that the erosion of liberal freedoms is symptomatic of an evolved criminal state.  The haven for Russian oligarchs, together with corruption of the tax and banking systems and of once-admired public services such as the Post Office, is one side of the coin; the other is the invisible carnage of failed colonial wars. Historically, the pattern is familiar. As the colonial crimes in Algeria, Vietnam and Afghanistan blew back to their perpetrators, France, the United States and the Soviet Union, so the cancerous effects of Britain’s cynicism in Iraq and Afghanistan have come home.

The most obvious example is the bombing atrocities in London on 7 July 2005; no one in the British intelligence mandarinate doubts these were a gift of Blair.  “Terrorism” describes only the few acts of individuals and groups, not the constant, industrial violence of great powers. Suppressing this truth is left to the credible media. On 27 February, the Guardian’s Washington correspondent, Ewen MacAskill, in reporting President Obama’s statement that America was finally leaving Iraq, as if it were fact, wrote: “For Iraq, the death toll is unknown, in the tens of thousands, victims of the war, a nationalist uprising, sectarian in-fighting and jihadists attracted by the US presence.”  Thus, the Anglo-American invaders are merely a “presence” and not directly responsible for the “unknown” number of Iraqi deaths. Such contortion of intellect is impressive.

In January last year, a report by the respected Opinion Research Business (ORB) revised an earlier assessment of deaths in Iraq to 1,033,000. This followed an exhaustive, peer-reviewed study in 2006 by the world-renowned John Hopkins School of Public Health in the US, published in The Lancet, which found that 655,000 Iraqis had died as a result of the invasion. US and British officials immediately dismissed the report as “flawed” – a deliberate deception. Foreign Office papers obtained under Freedom of Information disclose a memo written by the government’s chief scientific adviser, Sir Roy Anderson, in which he praised The Lancet report, describing it as “robust and employs methods that are regarded as close to ‘best practice’ given [the conditions] in Iraq.” An adviser to the prime minister commented:  “The survey methodology used here cannot be rubbished, it is a tried and tested way of measuring mortality in conflict zones”. Speaking a few days later, a Foreign Office minister, Lord Triesman, said, “The way in which data are extrapolated from samples to a general outcome is a matter of deep concern.”

The episode exemplifies the scale and deception of this state crime. Les Roberts, co-author of the Lancet study, has since argued that Britain and America might have caused in Iraq “an episode more deadly than the Rwandan genocide”. This is not news. Neither is it a critical reference in the freedoms campaign organised by the Observer columnist Henry Porter. At a conference in London on 28 February, Lord Goldsmith, Blair’s attorney-general, who notoriously changed his mind and advised the government the invasion was legal, when it wasn’t, was a speaker for freedom. So was Timothy Garton Ash, a “liberal interventionist”. On 9 April, 2003, shortly after the slaughter had begun in Iraq, a euphoric Garton Ash wrote in the Guardian: “America has never been the Great Satan. It has sometimes been the Great Gatsby: ‘They were careless people, Tom and Daisy – they smashed up things …”. One of Britain’s jobs “is to keep reminding Tom and Daisy that they now have promises to keep”. Less frivolously, he lauded Blair for his “strong Gladstonian instincts for humanitarian intervention” and repeated the government’s propaganda about Saddam Hussein. In 2006, he wrote: “Now we face the next big test of the west after Iraq: Iran.”  (I have italicized we). This also adheres precisely to the propaganda; David Milliband has declared Iran a “threat” in preparation for possibly the next war.

Like so many of New Labour’s Tonier-than-thou squad, Henry Porter celebrated Blair as an almost mystical politician who “presents himself as a harmoniser for all the opposing interests in British life, a conciliator of class differences and tribal antipathies, synthesiser of opposing beliefs”. Porter dismissed as “demonic nonsense” all analysis of the 9/11 attacks that suggested there were specific causes: the consequences of violent actions taken by the powerful in the Middle East. Such thinking, he wrote, “exactly matches the views of Osma bin Laden … with America’s haters, that’s all there is – hatred”. This, of course, was Blair’s view.

Freedoms are being lost in Britain because of the rapid growth of the “national security state”. This form of militarism was imported from the United States by New Labour. Totalitarian in essence, it relies upon fear mongering to entrench the executive with venal legal mechanisms that progressively diminish democracy and justice. “Security” is all, as is propaganda promoting rapacious colonial wars, even as honest mistakes. Take away this propaganda, and the wars are exposed for what they are, and fear evaporates.  Take away the obeisance of many in Britain’s liberal elite to American power and you demote a profound colonial and crusader mentality that covers for epic criminals like Blair. Prosecute these criminals and change the system that breeds them and you have freedom.

www.johnpilger.com

Tags:, , , , , , , , ,
Posted in Commentary, Human rights | Leave a Comment »

POLITICS-US: Democrats Divided Over “Reckoning” for Bush

February 25, 2009

Analysis by William Fisher | Inter Press Service

NEW YORK, Feb 16 (IPS) – With growing public support for a public investigation of crimes that may have been committed by the administration of former president George W. Bush in waging its “global war on terror”, policy makers and legal experts are deeply divided on how to proceed – and President Barack Obama seems ambivalent about whether to proceed at all.

The president has said his view is that “nobody is above the law, and if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen, but that, generally speaking, I’m more interested in looking forward than I am in looking backwards.”

Before his nomination to be Obama’s attorney general, Eric Holder appeared to take a stronger view.

He said, “Our government authorised the use of torture, approved of secret electronic surveillance against American citizens, secretly detained American citizens without due process of law, denied the writ of habeas corpus to hundreds of accused enemy combatants and authorized the procedures that violate both international law and the United States Constitution… We owe the American people a reckoning.”

But at his confirmation hearing before the Senate, Holder tempered his responses to adhere more closely to Obama’s position.

The president initially refrained from commenting on a proposal from the chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, a Vermont Democrat, for a “truth commission” to investigate abuses of detainees, politically inspired moves at the Justice Department, and a whole range of decisions made during the Bush administration. At the time, Obama said he had not seen the Leahy proposal, although he has not explicitly ruled it out.

Such a “truth commission” is one of several ideas being offered by those who see a comprehensive look-back as essential to cleansing the U.S. justice system and restoring the U.S.’s reputation in the world.

Leahy said the primary goal of the commission would be to learn the truth rather than prosecute former officials, but said the inquiry should reach far beyond misdeeds at the Justice Department under Bush to include matters of Iraq prewar intelligence and the Defence Department.

The panel he envisions would be modeled after one that investigated the apartheid regime in South Africa. It would have subpoena power but would not bring criminal charges, he said.

Among the matters Leahy wants investigated by such a commission are: the firings of U.S. attorneys, treatment and torture of terror suspect detainees, and the authorisation of warrantless wiretapping. He said that witnesses before such a commission might have to be granted limited immunity from prosecution to obtain their testimony.

Other Democrats have called for criminal investigations of those who authorised certain controversial tactics in the war on terror. Republicans have countered that such decisions made in the wake of the 2001 terror attacks should not be second-guessed.

An arguably stronger measure has been proposed by House Judiciary Committee Chairman John Conyers, a Michigan Democrat, and nine other lawmakers. The measure would set up a National Commission on Presidential War Powers and Civil Liberties, with subpoena power and a reported budget of around 3.0 million dollars.

It would investigate issues ranging from detainee treatment to waterboarding and extraordinary rendition. The panel’s members would come from outside the government and be appointed by the president and congressional leaders of both parties.

This body would be much like the 9/11 Commission, set up after the Sep. 11, 2001 attacks, to examine failures within government anti-terror efforts. The commission’s investigation did not lead to any prosecutions.

Human rights advocacy groups and many legal experts have been more forceful in their proposals.

For example, Amnesty International is urging its supporters to press lawmakers to investigate the U.S. government’s abuses in the war on terror and hold accountable those responsible. The organisation is calling on Obama and Congress to create an independent and impartial commission to examine the use of torture, indefinite detention, secret renditions and other illegal U.S. counterterrorism policies.

But the organisation does not necessarily see a conflict between a 9/11-type body and a “truth and reconciliation” commission. In answer to a question from IPS, Amnesty International’s Tom Parker said, “I don’t think the two approaches are mutually exclusive. Both could go forward at the same time. The immunities that may have to be granted by a Truth and Reconciliation Commission would not be absolute.”

Marjorie Cohn, president of the National Lawyers Guild, does not favour the “truth and reconciliation” approach.

She told IPS, “As President Obama said, ‘No one is above the law.’ His attorney general should appoint a special prosecutor to investigate and prosecute Bush administration officials and lawyers who set the policy that led to the commission of war crimes. Truth and Reconciliation Commissions are used for nascent democracies in transition. By giving immunity to those who testify before them, it would ensure that those responsible for torture, abuse and illegal spying will never be brought to justice.”

A similar view was expressed by Peter M. Shane, a law professor at Ohio State University. He told IPS, “The immunities that might be granted in connection with a congressional or commission investigation of the Bush administration could well compromise the prospects for criminal prosecution, as our experience with the Iran-Contra affair demonstrates. There is likewise reason to fear that justice cannot be completely served without recourse to prosecution.”

“On the other hand,” he said, “I believe our paramount need as a country is for a full and fair airing of the historical record; democracies depend, I think, on an unblinking understanding of their past.”

“One would hope that immunity might be granted as narrowly as possible and that efforts would be undertaken to allow the Justice Department to preserve its investigative integrity based on independently developed evidence. Should push come to shove, however, I think history is more important than prosecution,” he added.

Brian J. Foley, visiting associate professor at Boston University law school, takes a harder line. He told IPS, “Until we have Truth and Reconciliation Commissions rather than prosecutions for drug offenders and others accused of non-violent crimes whom we promiscuously throw into our overcrowded prisons, we should not bestow ‘justice lite’ on our political leaders. It appears that laws designed with government actors in mind were broken. There should be prosecutions.”

And Georgetown University’s David Cole, one of the country’s preeminent constitutional lawyers, believes the Obama administration or Congress “should at a minimum appoint an independent, bipartisan, blue-ribbon commission to investigate and assess responsibility for the United States’ adoption of coercive interrogation policies.”

It should have “a charge to assess responsibility, not just to look forward”, he said.

This divergence of viewpoints – from doing nothing to appointing a special prosecutor – is putting President Obama in an uncomfortable position. The most recent Gallup Poll shows that a sizable majority of citizens favours an investigation into Bush-era misconduct.

But Obama appears reluctant to take any action that might further divide the country. Moreover, he may be loath to antagonise Republicans, whose support he may need on many other issues in the future.

The Democratically-controlled Congress does not need the president in order to act – it can hold extensive hearings, grant itself subpoena power and in effect take whatever action it desires short of legislation, which would require the president’s signature. But Congressional Democrats may well be reluctant to overtly defy the wishes of the president, who is the leader of their party.

So the form of the Bush-era retrospective – if there is to be one – is yet very much a work in progress that will continue to put pressure on the young Obama administration.

Tags:, , , , , , , ,
Posted in Human rights, US policy | Leave a Comment »

Victim of American terrorism Binyam Mohamed arrives in UK

February 23, 2009

BBC, Feb 233, 2009

Binyam Mohamed: His full statement

Binyam Mohamed

Mr Mohamed claims confessions were obtained using torture

A British resident who said he was tortured while being detained at Guantanamo Bay for more than four years has issued a statement on the eve of his return to the UK.

Ethiopian-born Binyam Mohamed, 30, says his experience was worse than his “darkest nightmares”.

Here is his statement in full:

I hope you will understand that after everything I have been through I am neither physically nor mentally capable of facing the media on the moment of my arrival back to Britain.

It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways – all orchestrated by the United States government
Binyam Mohamed

Please forgive me if I make a simple statement through my lawyer. I hope to be able to do better in days to come, when I am on the road to recovery.

I have been through an experience that I never thought to encounter in my darkest nightmares. Before this ordeal, “torture” was an abstract word to me. I could never have imagined that I would be its victim.

It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways – all orchestrated by the United States government.

‘I have a duty’

While I want to recover, and put it all as far in my past as I can, I also know I have an obligation to the people who still remain in those torture chambers.

My own despair was greatest when I thought that everyone had abandoned me. I have a duty to make sure that nobody else is forgotten.

I am grateful that in the end I was not simply left to my fate. I am grateful to my lawyers and other staff at Reprieve, and to Lt Col Yvonne Bradley, who fought for my freedom.

Lawyer Clive Stafford-Smith reads a statement on Binyam Mohamed’s behalf

I am grateful to the members of the British Foreign Office who worked for my release. And I want to thank people around Britain who wrote to me in Guantanamo Bay to keep my spirits up, as well as to the members of the media who tried to make sure that the world knew what was going on.

I know I would not be home in Britain today if it were not for everyone’s support. Indeed, I might not be alive at all.

I wish I could say that it is all over, but it is not. There are still 241 Muslim prisoners in Guantanamo.

Many have long since been cleared even by the US military, yet cannot go anywhere as they face persecution. For example, Ahmed bel Bacha lived here in Britain, and desperately needs a home.

‘Horrors’

Then there are thousands of other prisoners held by the US elsewhere around the world, with no charges, and without access to their families.

And I have to say, more in sadness than in anger, that many have been complicit in my own horrors over the past seven years.

For myself, the very worst moment came when I realised in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.

I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realised, had allied themselves with my abusers.

I am not asking for vengeance; only that the truth should be made known, so that nobody in the future should have to endure what I have endured.

Tags:, , , , ,
Posted in Human rights, imperialism, US policy | Leave a Comment »

War Criminals, Including Their Lawyers, Must Be Prosecuted

February 21, 2009

Marjorie Cohn, Feb 19, 2009

Since he took office, President Obama has instituted many changes that break with the policies of the Bush administration. The new president has ordered that no government agency will be allowed to torture, that the U.S. prison at Guantánamo will be shuttered, and that the CIA’s secret black sites will be closed down. But Obama is non-committal when asked whether he will seek investigation and prosecution of Bush officials who broke the law. “My view is also that nobody’s above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen,” Obama said. “But,” he added, “generally speaking, I’m more interested in looking forward than I am in looking backwards.” Obama fears that holding Team Bush to account will risk alienating Republicans whom he still seeks to win over.

Obama may be off the hook, at least with respect to investigating the lawyers who advised the White House on how to torture and get away with it. The Office of Professional Responsibility (OPR) has written a draft report that apparently excoriates former Justice Department lawyers John Yoo and Jay Bybee, authors of the infamous torture memos, according to Newsweek’s Michael Isikoff. OPR can report these lawyers to their state bar associations for possible discipline, or even refer them for criminal investigation. Obama doesn’t have to initiate investigations; the OPR has already launched them, on Bush’s watch.

The smoking gun that may incriminate George W. Bush, Dick Cheney, et al., is the email traffic that passed between the lawyers and the White House. Isikoff revealed the existence of these emails on The Rachel Maddow Show. Some maintain that Bush officials are innocent because they relied in good faith on legal advice from their lawyers. But if the president and vice president told the lawyers to manipulate the law to allow them to commit torture, then that defense won’t fly.

A bipartisan report of the Senate Armed Services Committee found that “senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.”

Cheney recently admitted to authorizing waterboarding, which has long been considered torture under U.S. law. Donald Rumsfeld, Condoleezza Rice, George Tenet, Colin Powell, and John Ashcroft met with Cheney in the White House basement and authorized harsh interrogation techniques, including waterboarding, according to an ABC News report. When asked, Bush said he knew about it and approved.

John Yoo wrote in a Wall Street Journal oped that Bush “could even authorize waterboarding, which he did three times in the years after 9/11.”

A representative of the Justice Department promised that OPR’s report would be released sometime last November. But Bush’s attorney general Michael Mukasey objected to the draft. A final version will be presented to Attorney General Eric Holder. The administration will then have to decide whether to make it, and the emails, public and then how to proceed.

When the United States ratified the Convention Against Torture, we promised to extradite or prosecute those who commit, or are complicit in the commission, of torture. We have two federal criminal statutes for torture prosecutions – the Torture Statute and the War Crimes Act (torture is considered a war crime under U.S. law). The Torture Convention is unequivocal: nothing, including a state of war, can be invoked as a justification for torture.

Yoo redefined torture much more narrowly than U.S. law provides, and counseled the White House that it could evade prosecution under the War Crimes Act by claiming self-defense or necessity. Yoo knew or should have known of the Torture Convention’s absolute prohibition of torture.

There is precedent for holding lawyers criminally liable for giving legally erroneous advice that resulted in great physical or mental harm or death. In U.S. v. Altstoetter, Nazi lawyers were convicted of war crimes and crimes against humanity for advising Hitler on how to “legally” disappear political suspects to special detention camps.

Almost two-thirds of respondents to a USA Today/Gallup Poll favor investigations of the Bush team for torture and warrantless wiretapping. Nearly four in 10 favor criminal investigations. Cong. John Conyers has introduced legislation to establish a National Commission on Presidential War Powers and Civil Liberties. Sen. Patrick Leahy advocates for a Truth and Reconciliation Commission; but this is insufficient. TRC’s are used for nascent democracies in transition. By giving immunity to those who testify before them, it would ensure that those responsible for torture, abuse and illegal spying will never be brought to justice.

Attorney General Eric Holder should appoint a Special Prosecutor to investigate and prosecute high Bush officials including lawyers like John Yoo who gave them “legal” cover. Obama is correct when he said that no one is above the law. Accountability is critical to ensuring that our leaders never again torture and abuse people.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and President of the National Lawyers Guild.  She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law and co-author of Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), which will be published this winter by PoliPointPress.  Her articles are archived at www.marjoriecohn.com (The views expressed in this article are solely those of the writer; she is not acting on behalf of the National Lawyers Guild or Thomas Jefferson School of Law)

Tags:, , , , , , ,
Posted in Human rights, Peace Movement, War Criminals | Leave a Comment »

A Call to End All Renditions

February 11, 2009

JURIST –  Forum

JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law says that instead of leaving the door open for the CIA to continue to engage in the rendition of terrorism suspects to other countries so long as the process is somehow handled “humanely”, the Obama administration should end renditions altogether and prosecute those who have ordered renditions since 2001…

Binyam Mohamed, an Ethiopian residing in Britain, said he was tortured after being sent to Morocco and Afghanistan in 2002 by the U.S. government. Mohamed was transferred to Guantánamo in 2004 and all terrorism charges against him were dismissed last year. Mohamed was a victim of extraordinary rendition, in which a person is abducted without any legal proceedings and transferred to a foreign country for detention and interrogation, often tortured.

Mohamed and four other plaintiffs are accusing Boeing subsidiary Jeppesen Dataplan, Inc. of flying them to other countries and secret CIA camps where they were tortured. In Mohamed’s case, two British justices accused the Bush administration of pressuring the British government to block the release of evidence that was “relevant to allegations of torture” of Mohamed.

Twenty-five lines edited out of the court documents included details about how Mohamed’s genitals were sliced with a scalpel as well as other torture methods so extreme that waterboarding “is very far down the list of things they did,” according to a British official quoted by the Telegraph (UK).

The plaintiffs’ complaint quotes a former Jeppesen employee as saying, “We do all of the extraordinary rendition flights – you know, the torture flights.” A senior company official also apparently admitted the company transported people to countries where they would be tortured.

Obama’s Justice Department appeared before a three-judge panel of the Ninth U.S. Circuit Court of Appeals Monday in the Jeppesen lawsuit. But instead of making a clean break with the dark policies of the Bush years, the Obama administration claimed the same “state secrets” privilege that Bush used to block inquiry into his policies of torture and illegal surveillance. Claiming that the extraordinary rendition program is a state secret is disingenuous since it is has been extensively documented in the media.

“This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course,” said the ACLU’s Ben Wizner, counsel for the five men.

If the judges accept Obama’s state secrets claim, these men will be denied their day in court and precluded from any recovery for the damages they suffered as a result of extraordinary rendition.

Two and a half weeks before Obama’s representative appeared in the Jeppesen case, the new President had signed Executive Order 13491. It established a special task force “to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.”

This order prohibits extraordinary rendition. It also ensures humane treatment of persons in U.S. custody or control. But it doesn’t specifically guarantee that prisoners the United States renders to other countries will be free from cruel, inhuman or degrading treatment that doesn’t amount to torture. It does, however, aim to ensure that our government’s practices of transferring people to other countries complies with U.S. laws and policies, including our obligations under international law.

One of those laws is the International Covenant on Civil Political Rights (ICCPR), a treaty the United States ratified in 1992. Article 7 of the ICCPR prohibits the States Parties from subjecting persons “to torture or to cruel, inhuman, or degrading treatment or punishment.” The UN Human Rights Committee, which is the body that monitors the ICCPR, has interpreted that prohibition to forbid States Parties from exposing “individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement.”

Order 13491 also mandates, “The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.” The order does not define “expeditiously” and the definitional section of the order says that the terms ‘detention facilities’ and ‘detention facility’ “do not refer to facilities used only to hold people on a short-term, transitory basis.” Once again, “short term” and “transitory” are not defined.

In his confirmation hearing, Attorney General Eric Holder categorically stated that the United States should not turn over an individual to a country where we have reason to believe he will be tortured. Leon Panetta, nominee for CIA director, went further last week and interpreted Order 13491 as forbidding “that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values.”

But alarmingly, Panetta appeared to champion the same standard used by the Bush administration, which reportedly engaged in extraordinary rendition 100 to 150 times as of March 2005. After September 11, 2001, President Bush issued a classified directive that expanded the CIA’s authority to render terrorist suspects to other States. Former Attorney General Alberto Gonzales said the CIA and the State Department received assurances that prisoners will be treated humanely. “I will seek the same kinds of assurances that they will not be treated inhumanely,” Panetta told the senators.

Gonzales had admitted, however, “We can’t fully control what that country might do. We obviously expect a country to whom we have rendered a detainee to comply with their representations to us . . . If you’re asking me, ‘Does a country always comply?’ I don’t have an answer to that.”

The answer is no. Binyam Mohamed’s case is apparently the tip of the iceberg. Maher Arar, a Canadian born in Syria, was apprehended by U.S. authorities in New York on September 26, 2002, and transported to Syria, where he was brutally tortured for months. Arar used an Arabic expression to describe the pain he experienced: “you forget the milk that you have been fed from the breast of your mother.” The Canadian government later exonerated Arar of any terrorist ties. In another instance, thirteen CIA operatives were arrested in Italy for kidnapping an Egyptian, Abu Omar, in Milan and transporting him to Cairo where he was tortured.

Panetta made clear that the CIA will continue to engage in rendition to detain and interrogate terrorism suspects and transfer them to other countries. “If we capture a high-value prisoner,” he said, “I believe we have the right to hold that individual temporarily to be able to debrief that individual and make sure that individual is properly incarcerated.” No clarification of how long is “temporarily” or what “debrief” would mean.

When Sen. Christopher Bond (R-Mo.) asked about the Clinton administration’s use of the CIA to transfer prisoners to countries where they were later executed, Panetta replied, “I think that is an appropriate use of rendition.” Jane Mayer, columnist for the New Yorker, has documented numerous instances of extraordinary rendition during the Clinton administration, including cases in which suspects were executed in the country to which the United States had rendered them. Once when Richard Clarke, President Clinton’s chief counter-terrorism adviser on the National Security Council, “proposed a snatch,” Vice-President Al Gore said, “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.”

There is a slippery slope between ordinary rendition and extraordinary rendition. “Rendition has to end,” Michael Ratner, president of the Center for Constitutional Rights, recently told Amy Goodman on Democracy Now!: “Rendition is a violation of sovereignty. It’s a kidnapping. It’s force and violence.” Ratner queried whether Cuba could enter the United States and take Luis Posada, the man responsible for blowing up a commercial Cuban airline in 1976 and killing 73 people. Or whether the United States could go down to Cuba and kidnap Assata Shakur, who escaped a murder charge in New Jersey.

Moreover, “renditions for the most part weren’t very productive,” a former CIA official told the Los Angeles Times. After a prisoner was turned over to authorities in Egypt, Jordan or another country, the CIA had very little influence over how prisoners were treated and whether they were ultimately released.

The U.S. government should disclose the identities, fate, and current whereabouts of all persons detained by the CIA or rendered to foreign custody by the CIA since 2001. Those who ordered renditions should be prosecuted. And the special task force should recommend, and Obama should agree to, an end to all renditions.

Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law. Her new book, Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), will be published in April 2009. Her articles are archived at http://www.marjoriecohn.com.

Tags:, , , , , , , , ,
Posted in Commentary, Human rights, Uncategorized, US policy, War Criminals | Leave a Comment »

Human Rights Activists Call to Try Bush

February 2, 2009

By Julio Godoy | Inter Press Service

BERLIN, Feb 2 (IPS) – Now that former U.S. president George W. Bush is an ordinary citizen again, many legal and human rights activists in Europe are demanding that he and high-ranking members of his government be brought before justice for crimes against humanity committed in the so-called war on terror.

“Judicial clarification of the crimes against international law the former U.S. government committed is one of the most delicate issues that the new U.S. president Barack Obama will have to deal with,” Wolfgang Kaleck, general secretary of the European Centre for Human and Constitutional Rights told IPS.

U.S. justice will have to “deal with the turpitudes committed by the Bush government,” says Kaleck, who has already tried unsuccessfully to sue the former U.S. authorities in European courts. “And, furthermore, the U.S. government will have to pay compensation to the innocent people who were victims of these crimes.”

Kaleck and other legal experts consider Bush and his highest-ranking officials responsible for crimes against humanity, such as torture.

Many agree that the evidence against the U.S. government is overwhelming. U.S. officials have admitted some crimes such as waterboarding, where a victim is tied up and water is poured into the air passages. Also, human rights activists have gathered testimonies by innocent victims of torture, especially some prisoners at the Guantanamo Bay detention camp.

In an interview with the German public television network ZDF, Austrian human rights lawyer Manfred Nowak, UN special rapporteur on torture, said that numerous cases of torture ordered by U.S. officials and perpetrated by U.S. authorities are well documented.

“We possess all the evidence which proves that the torture methods used in interrogation by the U.S. government were explicitly ordered by former U.S. defence minister Donald Rumsfeld,” Nowak told ZDF. “Obviously, these orders were given with the highest U.S. authorities’ knowledge.”

“George W. Bush is without doubt responsible for crimes such as torture,” says Dietmar Herz, professor of political science at the university of Erfurt, 235 km southwest of Berlin.

“According to the U.S. constitution, the U.S. president is responsible for all actions carried out by the executive,” Herz told IPS. “Therefore, George W. Bush is responsible for the torture methods used by U.S. authorities, such as waterboarding.”

International justice against crimes against humanity began in 1945, with the Nuremberg trials against Nazi criminals, says Kaleck. Leading prosecutor Robert Jackson said at the opening of the trials in October 1945 that “we are able to do away with…tyranny and violence and aggression by those in power against the rights of (the) people…only when we make all men answerable to the law.”

But since then this promise has been fulfilled only in exceptional cases, Kaleck said.

“Crimes against humanity have been repeatedly committed ever since, but very few people have been brought before international courts for these crimes,” he said, adding that this impunity is particularly obvious for leaders of the Allied countries (such as the U.S., France and Britain), who had organised the Nuremberg trials.

Nobody was ever judged for crimes against humanity committed in Algeria by France, in Vietnam and Latin America by the U.S., in Afghanistan by the Soviet Union and in Chechnya by Russia.

Only in the 1990s, after the Yugoslav wars of secession, the Rwanda genocide, and civil wars in countries such as Liberia and Sierra Leone were state criminals captured, judged and convicted.

“The creation of the International Criminal Court (ICC) in 2002 in The Hague in the Netherlands marks a turning point in the prosecution of state officials accused of crimes such as genocide, crimes against humanity or of war,” Kaleck added.

But prosecution for crimes of war or for crimes against humanity continues to be highly selective. So far, only perpetrators from weak or failed states from south-eastern Europe, or from the south, especially Africa, have been brought to court. In a case such as that of former Chilean dictator Augusto Pinochet, Britain acted as an accomplice to protect him.

Over the last couple of years, human rights activists and some national courts in Europe have been fighting these arbitrary ways. They are appealing for, and in some cases even applying, a universal jurisdiction of national courts.

The Spanish judiciary has opened cases against Latin American dictators such as Guatemalan general Efraín Ríos Montt, who ruled the Central American country between 1982 and 1983, and Argentinean military officers involved in kidnapping and killing civilians.

Tags:, , , , , , ,
Posted in Human rights, Peace Movement, US policy, War Criminals | Leave a Comment »

« Older Entries
Newer Entries »