Posts Tagged ‘United States’

‘Abu Ghraib US prison guards were scapegoats for Bush’ lawyers claim

May 2, 2009

May 2, 2009

Charles Graner plans to appeal against his conviction for abusing prisoners

Charles Graner plans to appeal against his conviction for abusing prisoners

Prison guards jailed for abusing inmates at the Abu Ghraib jail in Iraq are planning to appeal against their convictions on the ground that recently released CIA torture memos prove that they were scapegoats for the Bush Administration.

The photographs of prisoner abuse at the Baghdad jail in 2004 sparked worldwide outrage but the previous administration, from President Bush down, blamed the incident on a few low-ranking “bad apples” who were acting on their own.

The decision by President Obama to release the memos showed that the harsh interrogation tactics were approved and authorised at the highest levels of the White House.

Some of the guards who were convicted of abuse want to return to court and argue that the previous administration sanctioned the abuse but withheld its role from their trials.

The latest reaction to the released memos came as it emerged that the two psychologists hired by the CIA to craft the techniques that were used on terror suspects were paid $1,000 (£673) a day. Neither had carried out nor overseen an interrogation.

Twelve guards at Abu Ghraib were convicted on charges related to the abuse, which included attaching leads to naked prisoners, terrifying them with dogs, beatings and slamming them into walls. The wall-slamming was a technique authorised by Justice Department officials at the time, who also said that the simulated drowning technique known as waterboarding was not considered to be torture.

Charles Gittins, a lawyer who represents Charles Graner, the ringleader of the guards who is serving a ten-year sentence, said that the memos proved his long-held contention that Graner and the other defendants, including his former lover Lynndie England, could never have invented tactics such as stress positions and the use of dogs on their own.

“Once the pictures came out, the senior officials involved in the decision-making, they knew. They knew they had to have a cover story. It was the ‘bad apples’ led by Charles Graner,” Mr Gittins told The Washington Post.

Ms England, a poorly educated Army reservist, was pictured holding a dog leash attached to a naked detainee, and also pointing at another being forced to masturbate. She was convicted in September 2005 of abusing prisoners and one count of an indecent act. She was sentenced to three years in a military prison and was paroled after 521 days. Shortly after leaving Iraq she gave birth to a son fathered by Graner. She lives in her home state of West Virginia.

Mr Gittins said the refusal by the Bush Administration to acknowledge that it had authorised such techniques during the trials of the prison guards — and the judges’ refusal to call senior administration officials to testify — undermined their defences.

Mr Gittins wants to take the case of Graner, who is halfway through his sentence, to the Court of Appeals for the Armed Forces to argue that top Bush Administration officials kept their complicity from the defence.

Gary Myers, a lawyer who represented Ivan L “Chip” Frederick on the abuse charges, said that he was going to try to use the memos to have his client’s dishonourable discharge removed from his record.

“What we know is that we had at the time a rogue government that created an environment where this sort of conduct was condoned, if not encouraged,” he said.

He added, however, that relying on illegal opinions or orders would probably not be a defence.

RIGHTS-US: Calls for Torture Inquiry Aren’t Going Away

April 30, 2009

By William Fisher | Inter Press Service

NEW YORK, Apr 29 (IPS) – A coalition of 19 human rights, faith-based and justice organisations is calling on President Barack Obama to investigate torture they charge was sanctioned by the administration of former President George W. Bush.

The group, led by the National Religious Campaign Against Torture (NRCAT), is proposing both a special prosecutor and an “independent, non-partisan commission to examine and report publicly on torture and cruel, inhuman and degrading treatment of detainees in the period since September 11, 2001.”

The campaign’s call for accountability comes just days after the release of the Senate Armed Services Committee report on interrogation and torture and the Justice Department legal memos sanctioning torture and inhumane treatment.

Rev. Richard Killmer, executive director of the National Religious Campaign Against Torture, told IPS, “NRCAT supports both the establishment of an independent, non-partisan commission of inquiry to investigate the use of torture and a Department of Justice investigation for criminal culpability of those who authorised or carried out acts of torture. Each process is important and can be pursued independently.”

He added, “A commission will help us understand how the illegal interrogation policies came into effect and how they were implemented so that we can ensure that safeguards are in place to prevent future administrations from following the same path.”

“A criminal investigation will send the clear message that government officials cannot violate laws against torture without facing serious criminal sanctions. If we hope to end the practice of torture by agents of the United States once and for all, we must pursue both avenues.”

The coalition proposes a commission, “comparable in stature to the 9/11 commission,” to “look into the facts and circumstances of such abuses, report on lessons learned and recommend measures that would prevent any future abuses.”

The group’s online petition says that a commission is “necessary to reaffirm America’s commitment to the Constitution, international treaty obligations and human rights. The report issued by the commission will strengthen U.S. national security and help to re-establish America’s standing in the world.”

Organisations endorsing the effort include Amnesty International USA, the Constitution Project, Human Rights First, Human Rights Watch, the Open Society Institute, and Physicians for Human Rights.

NRCAT and its partner organisations say they have “worked together to end U.S.-sponsored torture. During 2008, the religious community advocated for a Presidential Executive Order ending torture. It happened. On January 22, President Obama issued an Executive Order halting torture.”

The coalition says the task now is “to make sure that U.S.-sponsored torture never happens again. To accomplish this goal, our nation needs to put safeguards in place to prevent its recurrence. We will better understand what safeguards are needed if we have a comprehensive understanding of what happened – who was tortured, why they were tortured, and who ordered the torture. As a nation we need the answers to those questions.”

In a letter to Attorney General Eric Holder, the coalition also urges the appointment of a special counsel to investigate criminal acts relating to the confinement and interrogation of detainees since Sep. 11, 2001.

The letter notes that excerpts of a recently released report from the International Committee of the Red Cross (ICRC) concluded that detainees “had been subjected to torture – a crime under both domestic and international law.”

It says, “The ICRC report, which describes conduct of shocking brutality, shows that a limited investigation is simply insufficient in this case. Government officials, from the lowest CIA officer, to the highest levels of the Executive Branch may be criminally culpable for the use of torture.”

“Because such an investigation will include a review of the conduct of very top officials of the previous administration, and because the appearance of absolute impartiality in determining whether and whom to prosecute is critical to the public’s support and understanding of such prosecutions and the laws at issue, we believe it is both wise and necessary for you to refer this investigation to a Special Counsel.”

NRCAT twice asked former Attorney General Michael Mukasey to appoint a special counsel to investigate both the destruction of the CIA videotapes that documented the use of “harsh” interrogation techniques against suspected terrorists and whether such techniques violated U.S. and international law.

“While an investigation was initiated into the destruction of the tapes, the investigator, John Durham, was not given the independent status of Special Counsel. Further, Attorney Durham’s investigation was limited to the destruction of the tapes; he apparently does not have the authority to investigate the lawfulness of the interrogation conduct depicted on said tapes,” the group said.

“A full, independent and public investigation into possible violations of U.S. law by high-ranking government officials in the use of ‘enhanced interrogation techniques’ is necessary.”

“The American people need to know how detainees have been treated in Iraq, Afghanistan, Guantánamo and elsewhere around the world. And they need to know that every measure has been taken to ensure that no violations of U.S. law with respect to torture and ‘cruel, inhuman and degrading treatment’ will be permitted in the future. An independent investigation is a necessary part of achieving this goal,” the group said.

Truth commission to proceed despite Obama’s wishes

April 29, 2009

By John Byrne  | The Raw Story,
Published: April 28, 2009

Senate Judiciary Chairman Patrick Leahy (D-VT) plans to proceed with a special commission to investigate alleged Bush administration abuses of power, despite lacking President Barack Obama’s support, according to a report Tuesday.

Sen. Leahy called for a “Truth Commission” in February to probe Bush administration policies on torture, interrogation and surveillance and to — as he puts it — “get to the bottom of what went wrong.” Such an idea would be modeled around truth commissions established in South Africa and Chile, which offered immunity to officials who committed abuses in exchange for the truth.

“Many Americans feel we need to get to the bottom of what went wrong,” Leahy said when announcing his idea in February. “I agree. We need to be able to read the page before we turn the page.”

President Obama, meanwhile, has expressed disinterest in investigating the activities of his predecessor, saying it’s time for the country to move on. Senate Majority Leader Harry Reid (D-NV), says he doesn’t want the commission to begin until an inquiry headed by Senate Intelligence Chairwoman Dianne Feinstein (D-CA) examines the Bush administration’s legal defenses of torture techniques.

But Leahy plans to proceed despite lacking the approval of party leaders, sources familiar with the proposal told Politico’s John Bresnahan Tuesday.

“Leahy plans to move ahead with his proposal anyway,” Bresnahan writes. “While he has not found a GOP co-sponsor for legislation creating a truth commission, Leahy is expected to begin circulating a draft soon.”

In a statement, Leahy said his commission will ultimately jibe with the President’s wishes.

“When I first proposed establishing a nonpartisan commission of inquiry in February, I thought then, as I do now, that it was the best approach to conducting a thorough review of national security policies on detention, interrogation and rendition since Sept. 11,” Leahy said in a statement to Bresnahan. “Whether such a comprehensive review happens immediately or in the weeks and months ahead, the evidence that our country committed torture demands a review of the process by which these flawed policies were developed and implemented. President Obama was correct when he said that any review should be done outside of politics. A nonpartisan commission will accomplish just that.”

Speaking in February, Leahy applauded Obama Attorney General Eric Holder’s decision not to rule out prosecutions during his confirmation hearing.

“There are some who resist any effort to investigate the misdeeds of the recent past,” he said. “Indeed, during the nomination hearing of Eric Holder, some of my fellow Senators on the other side of the aisle tried to extract a devil’s bargain from him in exchange for the votes — a commitment that he would not make… That is a pledge no prosecutor should give and Eric Holder did not give it. But because he did not it accounts for some of the votes against him.”

Some liberals have critiqued the proposal, asserting that Bush officials shouldn’t be granted immunity from prosecution even if they’re forthcoming in a congressional investigation. Conservatives have attacked the proposed commission as a political

Is Bin Laden Dead or Alive? US, Pakistan Not Sure

April 28, 2009

“No Trace” of al-Qaeda Leader, State Dept Vows to Keep Looking

by Jason Ditz | Antiwar.com, April 27, 2009

Since his March broadcast on al-Jazeera, al-Qaeda leader Osama bin Laden has seemingly vanished off the face of the earth, with neither US nor Pakistan spy agencies detecting a single trace of him. This has added to the speculation that he may have died.

“The question is whether he is alive or dead,” Pakistani President Asif Ali Zardari said, “there is no trace of him.” Zardari also said his advisers feel there is substance to the rumors of bin Laden’s failing health, and that “they obviously feel that he does not exist any more but that’s not confirmed.”

US State Department spokesman Robert Wood likewise admitted that they likewise “have no information that indicates that Osama bin Laden is … frankly dead or alive.” He insisted in the meantime the US would continue to operate under the assumption that he was alive and keep looking for him.

The enigmatic Saudi has been on the FBI’s ten most wanted list for over a decade, and US officials have repeatedly speculated that he is located somewhere along the mountainous border between Pakistan and Afghanistan. At this point though, that seems to be nothing more than a guess.

Iraq: US raid broke security pact

April 27, 2009
Al Jazeera, April 27, 2009

The security pact says US troops in Iraq are no longer allowed to conduct military operations [AFP]

Nuri al-Maliki, Iraq’s prime minister, has denounced a US raid on targets near Baghdad as “a crime”, saying that it violated the security pact between the two countries.

Two people were killed in the raid on a house in Kut, 150km southeast of Baghdad on Sunday, according to Iraqi officials said, but the US disputed the details of the attack.

The US military said that just one person, a women, was killed during the operation, which it said targeted the financier of Shia fighters funded and armed by Iran.

The military said that six suspected fighters were arrested, but Iraqi officials said the men were later released.

Mohammed al-Askari, the defence ministry spokesman, said “the committee has managed to get the six people detained by the Americans released”.

Security row

Al-Maliki has demanded that US forces hand over those responsible for the attack to the courts, an Iraqi official said.

“We condemn this horrific incident. It violates the agreements between US forces and the Iraqi government”

Latif al-Tarfa, governor of Wasit province

Under the US-Iraqi security pact, which came into force this year, the 137,000 US troops in Iraq are no longer allowed to conduct military operations without Iraqi approval and co-ordination.It also says that US soldiers are immune to prosecution in Iraqi courts unless they are suspected of grave crimes committed while off duty outside their bases.

The US military said that the operation was undertaken within the framework of the security pact and that “the operation was fully co-ordinated and approved by the Iraqi government”.

The row marks the most serious test of the security pact so far.

But efforts were quickly launched in an attempt to tone down the dispute and Colonel Richard Francey, from the US military, offered condolences to the family of the woman killed.

‘Horrific incident’

Baghdad’s condemnation of the raid came after hundreds of Iraqis protested in Kut against the US operation.

Hundreds of protesters shouted angry slogans as they carried two coffins through the streets of Kut.

“We condemn this horrific incident. It violates the agreements between US forces and the Iraqi government,” Latif al-Tarfa, governor of Wasit province, said.

“Innocent people were killed and the city is now very tense.”

Aziz al-Amara, an Iraqi police officer, who commands a rapid reaction force in Kut, said all of those targeted in the raid were innocent and that one of those arrested was a police captain.

“They were poor people. They do not cause any political or security problems,” he said.

Officials arrested

The Iraqi defence ministry ordered the arrest of two high-ranking Iraqi officers for their alleged roles in allowing US forces to operate in Kut.

It also sent a committee to Kut to investigate.

The raid came just months before US combat troops are due to withdraw from Iraqi cities.

Barack Obama, the US president, has ordered all US combat operations in Iraq to cease in August 2010 ahead of the full withdrawal by the end of 2011.

Kut, and the surrounding Wasit province, were the last area south of Baghdad to be handed over to Iraqi forces last October.

US escalates threats against Pakistan

April 26, 2009

By Keith Jones | WSWS, 25 April 2009

US Defence Secretary Robert Gates has warned Pakistani authorities that US-Pakistan relations will be imperiled unless Islamabad heeds Washington’s admonitions and bloodily suppresses a growing Islamacist insurgency that has been fueled by the US occupation of Afghanistan.

Speaking Thursday at North Carolina’s Camp Lejeune, Gates declared, “It is important that they not only recognize it [the threat], but take appropriate actions to deal with it.” Action against the Islamacist militia, said Gates, is “central to our future partnership with the government in Islamabad.”

Gates’s remarks were part of a flurry of statements this week from Obama administration officials, Pentagon generals, and US Congressional leaders accusing Pakistan’s government and military of appeasing the Taliban.

The immediate trigger for the ratcheting up of pressure on Islamabad was the Pakistani government’s loss of control over the North-West Frontier Province district of Buner, which lies only 100 kilometers (70 miles) northwest of Islamabad, to four to five hundred Islamacist insurgents. But US officials, beginning with President Obama himself, have for months been pressing Pakistani authorities to do more to support the pacification of Afghanistan, claiming that Pakistan’s border regions constitute a “safe-haven” for the Taliban and that if the US is to prevail in the Afghan war, it must be extended into Pakistan. A key concern for the Pentagon is the mounting number of attacks on the Pakistani supply routes that carry 80 percent of the food, fuel and arms consumed by the US occupation force in Afghanistan.

On Wednesday US Secretary of State Hillary Clinton rebuked Pakistan’s government for “abdicating to the Taliban and the extremists.”

“(We) cannot underscore the seriousness of the existential threat posed to the state of Pakistan by the continuing advances now within hours of Islamabad that are being made by a loosely confederated group of terrorists and others who are seeking the overthrow of the Pakistani state,” Clinton told the US House of Representatives’ Foreign Affairs Committee.

On Thursday morning, Obama held an emergency meeting attended by Clinton, Vice-President Joe Biden, and Richard Holbrooke, the US’s special envoy to Afghanistan and Pakistan, to discuss US-Pakistan relations and recent developments in Pakistan.

Speaking to reporters following the meeting, White House Press Secretary Robert Gibbs said the administration was “extremely concerned,” adding that Pakistan “is something that takes a lot of the president’s time.” “What is happening in Pakistan and Afghanistan,” said Gibbs, “is the central foreign policy focus of this administration.”

Continuing a strategy of illegal, unilateral aggression begun under the Bush administration, Washington is regularly mounting drone missile strikes within Pakistan. Earlier this month, Holbrooke and the head of the US Joint Chiefs of Staff, Admiral Mike Mullen, unsuccessfully pressed Islamabad to agree to joint operations with US forces inside Pakistan.

According to Holbrooke, Pakistan and not Afghanistan will now be at the top of the agenda when Obama hosts a trilateral summit of the presidents of the US, Afghanistan and Pakistan May 6-7. The summit, said Holbrooke, “was conceived in an atmosphere that has now changed significantly, and the focus is increasingly on Pakistan.

In recent weeks Obama administration insiders, Pentagon generals, and longtime strategists of US imperialism like Henry Kissinger and Zbigniew Brzezinski have been making increasingly apocalyptic statements about Pakistan’s future. It has been repeatedly suggested that the nuclear-armed state of 170 million could soon break up along national-ethnic lines or fall in large part, if not wholly, under the control of anti-US Islamic fundamentalists.

Born of the reactionary, British imperialist-instigated communal partition of the Indian subcontinent, Pakistan is indeed beset by multiple, interconnected crises—crises that the rapacious policies of US imperialism are enormously exacerbating.

Determined to prevail in the Afghan war, so as to assert US dominance in oil-rich Central Asia, Washington is demanding that Islamabad subordinate its interests ever-more completely to those of the US. To the Pakistani elite this represents a double threat: the policies the US has imposed on Pakistan are highly unpopular, further discrediting a corrupt and fundamentally undemocratic political system and fueling social unrest; they also are at odds with important elements of Pakistan’s strategy for contending with arch-rival India.

The occupation of Afghanistan is rightly opposed by the majority of the Pakistani people as a predatory war—they only have to remember the Bush administration’s enthusiastic support for the dictator General Prevez Musharraf. Yet Washington is insisting that the Pakistani military place the country’s border regions under an ever-tighter military occupation. The brutal, colonial-style pacification methods the Pakistani military has employed in repeated offensives in the Federally Administered Tribal Areas (FATA) have only inflamed the local populace, stoked Pashtun nationalism, and caused serious rifts within the ranks of the army, many of whose soldiers are drawn from the Pashtun peasantry.

Washington is also fully supporting IMF-dictated measures to “stabilize” the Pakistani economy, including the elimination of energy subsidies, social spending cuts, and privatization, which will only increase the suffering of the country’s toilers.

The US media is forced to concede that Washington is reviled by the Pakistani people, but of course they cannot and will not explain why: the US’s sponsorship of a succession of right-wing military dictatorships; its use of Pakistan as a pawn in its geo-political strategy, stretching back to the early days of the Cold War; its cynical manipulation of aid dollars, bullying and threats; and its relentless pressure for a large-scale counter-insurgency war in wide swathes of Pakistan.

Hillary Clinton in her testimony to the House Foreign Relations Committee last Wednesday did make oblique reference to the grossly unequal social order that the US has helped sustain in Pakistan and that is helping fuel the anti-US and anti-government insurgency in the country’s impoverished Afghan border region. “The government of Pakistan,” said Clinton, “… must begin to deliver government services, otherwise they are going to lose out to those who show up and claim that they can solve people’s problems …”

Pakistani authorities initially played down the “Talibanization” of Buner. Only last week, the Pakistani National Assembly voted unanimously in favor of a “peace deal” with Islamacist militia, which for two years had fought intermittently with Pakistani security forces in the adjacent Swat Valley. Under this agreement, in six districts of the Malkand Division of the North-West Frontier Province, including Buner, a strict, Islamic fundamentalist form of sharia law is to be enforced. The agreement calls for the Islamacist militiamen in the Swat Valley to hand their weapons over to authorities. Instead many moved into Buner beginning this Wednesday, forcing local policemen to seek refuge in police stations, and taking control of an important shrine.

In response, the Pakistani government dispatched less than 150 Frontier Constabulary. The first contingent was forced to retreat after coming under fire in an ambush that killed two constables.

But by Thursday, in response to the US pressure, the government and military were vowing that they would not allow the writ of the Pakistani government to be challenged. Prime Minister Yousaf Raza Gilani said that Swat Valley agreement would be reviewed if the challenges to the government’s authority continued. “We reserve the right to go for other options if Talibanization continues,” said Gilani.

Army chief General Ashfaq Kiyani vowed that the military “will not allow the militants to dictate terms to the government or impose their way of life on the civil society of Pakistan” and said the pause in army operations against the Islamacist militia was aimed at giving “reconciliatory forces a chance [and] must not be taken for a concession to the militants.”

At the same time, Kiyani denounced the “pronouncements by outside powers raising doubts on [the] future of Pakistan.”

The Pakistani Taliban said Friday that it was withdrawing from Buner, and Pakistani television broadcast video of them pulling out.

There are reports that the Pakistani military will, nevertheless, soon be ordered to disarm the pro-Taliban militia or drive it out of the Swat Valley.

Tensions between the US and Pakistani elite will, however, continue to boil. The Obama administration’s “Afghan surge”—the near doubling to 65,000 of the US military in Afghanistan—will result in a massive escalation of the bloodletting in Afghanistan that will inevitably spill over into Pakistan and incite further opposition among the Pakistani people.

The Pakistani elite, meanwhile, bitterly resents the burgeoning strategic partnership between the US and India. This partnership has involved increasing sales of advanced military equipment to India and Washington’s lifting of an international embargo on international civilian nuclear trade with India, which will allow India to concentrate the resources of its indigenous nuclear program on weapons development.

Obama administration officials have repeatedly demanded that Islamabad shift troops from its eastern border with India to its Afghan border regions, while very publicly repudiating earlier suggestions that they might press India to make concessions to Pakistan over Kashmir.

To Islamabad’s chagrin, India, with Washington’s full support, has emerged as a key provider of economic aid and military training to the US-imposed Afghan government. In a statement that could only have enraged the Pakistani elite, Clinton asserted Wednesday that India has a pivotal role to play in assisting the US in Afghanistan and Pakistan. “The US,” she told the House Foreign Relations Committee, “is advancing its relationship with India as part of a wide-ranging diplomatic agenda to meet today’s daunting challenges topped by the situation in Pakistan and Afghanistan.”

Dozens of CIA “Ghost Prisoners” Missing

April 26, 2009

By William Fisher | Inter Press Service News

NEW YORK, Apr 24 (IPS) – At least three dozen detainees who were held in the CIA’s secret prisons overseas appear to be missing – and efforts by human rights organisations to track their whereabouts have been unsuccessful.

The story of these “ghost prisoners” was comprehensively documented last week by Pro Publica, an online investigative journalism group.

In September 2007, Michael V. Hayden, then director of the CIA, said, “fewer than 100 people had been detained at CIA’s facilities.” One memo released last week confirmed that the CIA had custody of at least 94 people as of May 2005 and “employed enhanced techniques to varying degrees in the interrogations of 28 of these.”

Former President George W. Bush publicly acknowledged the CIA programme in September 2006, and transferred 14 prisoners from the secret jails to Guantanamo. Many other prisoners, who had “little or no additional intelligence value,” Bush said, “have been returned to their home countries for prosecution or detention by their governments.”

But Bush did not reveal their identities or whereabouts – information that would have allowed the International Committee for the Red Cross to find them – or the terms under which the prisoners were handed over to foreign jailers.

The U.S. government has never released information describing the threat any of them posed. Some of the prisoners have since been released by third countries holding them, but it is still unclear what has happened to dozens of others, and no foreign governments have acknowledged holding them.

Gitanjali Gutierrez, an attorney with the Centre for Constitutional Rights (CCR), which represents Majid Khan, a former ghost detainee at Guantánamo, told IPS, “The Obama administration must change course from its ‘forward-looking’ path because it leaves too many critical questions unanswered, including those about the fate of ghost prisoners held by the United States.”

“The United States is strong enough to examine the CIA and other agencies’ activities, to punish individuals who violated our laws, and to ensure that our nation does not slip to the dark side again,” she said.

Pro Publica reported that former officials in the Bush administration said that the CIA spent weeks during the summer of 2006 – shortly before Bush acknowledged the CIA prisons and suspended the programme – transferring prisoners to Pakistani, Egyptian and Jordanian custody.

The organisation said the population inside the programme had been shrinking since the existence of the prisons was detailed in a Washington Post article in November 2005. Renewed diplomatic relations between the U.S. and Libya in May 2006 made it possible for the CIA to turn over Libyan prisoners to Moammar Gadhafi’s control.

Joanne Mariner, director of the Terrorism and Counterterrorism Programme at Human Rights Watch, said, “If these men are now rotting in some Egyptian dungeon, the administration can’t pretend that it’s closed the door on the CIA programme.”

“Making the Justice Department memos on the CIA’s secret prison programme public was an important first step, but the Obama administration needs to reveal the fate and whereabouts of every person who was held in CIA custody,” she said.

The Red Cross has had access to and documented the experiences of only the 14 so-called “high value detainees” who were publicly moved out of the CIA programme and into the prison at Guantanamo Bay.

In June 2007, human rights groups released the names of three dozen people whose fates remained unknown.

“Until the U.S. government clarifies the fate and whereabouts of these individuals, these people are still disappeared, and disappearance is one of the most grave international human rights violations,” said Margaret Satterthwaite, a law professor at New York University. “We clearly don’t know the story of everyone who has been through the programme. We need to find out where they are and what happened.”

In a related development, the American Civil Liberties Union (ACLU) has asked the Obama administration to make public records pertaining to the detention and treatment of prisoners held at the Bagram Airfield in Afghanistan.

The ACLU filed a Freedom of Information Act (FOIA) request for records pertaining to the number of people currently detained at Bagram and 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. Bagram houses far more prisoners than Guantánamo, in reportedly worse conditions and with an even less meaningful process for challenging their detention, yet very little information about the Bagram facility or the prisoners held there has been made public,” said Melissa Goodman, staff attorney with the ACLU National Security Project.

She told IPS, “Without transparency, we can’t be sure that we’re doing the right thing – or even holding the right people – at Bagram.”

Recent news reports suggest that the U.S. government is detaining more than 600 individuals at Bagram, including not only Afghan citizens captured in Afghanistan but also an unknown number of foreign nationals captured thousands of miles from Afghanistan and brought to Bagram.

Some of these prisoners have been detained for as long as six years without access to counsel, and only recently have been permitted any contact with their families. At least two Bagram prisoners have died while in U.S. custody, and Army investigators concluded that the deaths were homicides.

“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,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project. “Now that President Obama has taken the positive step of ordering Guantánamo shut down, it is critical that we don’t permit ‘other Gitmos’ to continue elsewhere.”

The ACLU’s request is addressed to the Departments of Defence, Justice and State, as well as the CIA.

A federal judge recently ruled that three prisoners being held by the U.S. at Bagram can challenge their detention in U.S. courts, in habeas corpus suits brought by a group of human rights legal advocates.

The prisoners, who were captured outside of Afghanistan and are not Afghan citizens, have been held there for more than six years without charge or access to counsel. The Obama administration is appealing the ruling.

Congress not likely to form panel on alleged torture

April 25, 2009
Reid, Pelosi

Alex Brandon / Associated Press; David Paul Morris / Bloomberg News
Senate Majority Leader Harry Reid wants to let a Senate panel finish its work. House Speaker Nancy Pelosi wants an independent inquiry.
Alex Brandon / Associated Press; David Paul Morris / Bloomberg News
Senate Majority Leader Harry Reid wants to let a Senate panel finish its work. House Speaker Nancy Pelosi wants an independent inquiry.
Senate Majority Leader Harry Reid and President Obama oppose the idea, but several prominent Democrats disagree.

Reporting from Washington — Congress is unlikely to form an independent panel to study the Bush administration’s program of harsh interrogations of terrorism suspects now that President Obama and Senate Majority Leader Harry Reid have voiced opposition to the idea.

Reid (D-Nev.) said he preferred to allow the Senate Intelligence Committee to finish its investigation of the Bush-era practices before taking further action. That could take the rest of the year, he said. Different approaches for two men at center of 'torture memo' controversy

Obama told congressional leaders Thursday that he thought an independent inquiry would create a distraction from his legislative agenda.

Obama’s and Reid’s stances are at odds with those of several prominent Democrats, including House Speaker Nancy Pelosi (D-Calif.), and liberal interest groups. Some have long been eager to investigate the Bush-era interrogation program, and possibly to prosecute lawyers and other officials who greenlighted it.

New details of the interrogation methods, which included waterboarding and other techniques some have labeled torture, came to light last week when Obama released legal memos from the Bush Justice Department that laid out some of the techniques and the legal rationale for them.

The new details had seemed to add momentum to the call for an independent commission, similar to the one that Congress created to study the terrorist attacks of Sept. 11, 2001, and the government’s response to them.

For months, Sen. Patrick J. Leahy (D-Vt.), chairman of the Senate Judiciary Committee, has called for a so-called truth commission that would investigate the actions of officials in the White House, the Justice Department, the Central Intelligence Agency and other entities involved in the fight against terrorism.

Leahy said this week that such a commission would not target Bush officials for blame. “I’m not out just to hang a lot of scalps on the wall. I want to know exactly what happened so that it won’t happen again,” he told reporters.

Congressional investigations can carry risks for those who plan them, sometimes leading to unintended consequences. The Democratic Congress’ inquiry into the Iran-Contra affair of the 1980s elevated Lt. Col. Oliver L. North into a folk hero.

A congressional inquiry might appear to the public as Democrats merely settling scores with the previous administration, said Frederick A.O. Schwarz Jr., chief counsel to the Brennan Center for Justice, a civil liberties think tank at New York University School of Law.

Schwarz was a lawyer to the 1970s Senate committee chaired by then-Sen. Frank Church that examined CIA abuses during the Cold War. He believes an independent commission would be better suited to investigate Bush-era anti-terrorism policy and would have more public credibility.

“If you are careful in doing that,” Schwarz said, “you are more likely to get people who will say: We’re looking at really important issues for the future of the United States.”

But such commissions pose their own problems. Although the Sept. 11 panel was largely considered a success, as a body outside government it had difficulty gaining the cooperation of federal agencies. Also, it lacked the ability to enact the reforms it advocated.

In its report, the 9/11 commission avoided assigning blame to individuals. One critic of a proposed panel to investigate interrogations during the Bush era says that would be impossible in this instance.

“It would be like a gigantic special counsel — even worse,” said David B. Rivkin Jr., an official in the George H.W. Bush administration. “It would just poison the atmosphere in Washington.” The end result, he said, would be laying the groundwork for criminal prosecution, either by the Justice Department or by an international tribunal.

Obama has left the question of criminal prosecutions of Bush-era officials to Atty. Gen. Eric H. Holder Jr. The Justice Department’s internal inquiry of its lawyers’ actions on terrorism policy could be made public within the next several weeks. The chairman of the House Judiciary Committee, Rep. John Conyers Jr. (D-Mich.), has said he will launch his own inquiry after the Justice Department’s report is made public.

joliphant@latimes.com

Peter Nicholas in the Washington bureau contributed to this report.

Israeli FM: US Will Accept Any Israeli Decision

April 25, 2009
Lieberman Also Declares Afghanistan, Pakistan a Threat to Israel

by Jason Ditz, Antiwar.com, April 24, 2009

Russian-born Israeli Foreign Minister Avigdor Lieberman gave his first major interview since taking office to Russia’s Moskovskiy Komosolets, and spelled out his rather unique foreign policy position, in addition to making some rather bold assertions.

In particular, Lieberman insisted that despite America’s support for the “two-state solution” which the Israeli administration has rejected, President Obama will not put forth any new peace initiatives unless Israel wants them to. “Believe me,” Lieberman declared, “American accepts all our decisions.”

He also, rather surprisingly, said that Iran is not the Israel’s biggest strategic threat. Instead, Lieberman bestowed that honor collectively on Afghanistan and Pakistan. He said that Pakistan and Afghanistan could fall, forming “a contiguous area of radicalism ruled in the spirit of Osama bin Laden.”

Pakistan’s Foreign Office condemned Lieberman’s comments as “unwarranted,” and said “any efforts to malign or isolate Pakistan will not succeed.” So far US officials have not commented on Lieberman’s assertion that Pakistan imperils Israel or the claims that America will accept whatever decisions the Netanyahu government makes.

Israel defies US and destroys Palestinian home

April 25, 2009

By Ben Lynfiled in Jeruslaem | The Independent, UK, Apr 23, 2009

Brushing aside international criticism, Israel demolished a Palestinian house in East Jerusalem in the latest in a series of actions that critics say is racheting up tensions in the city, harming chances for a two-state solution to the Israeli-Palestinian conflict.

Ammar Hudidon, a resident of the Jebel Mukaber neighbourhood and a father of seven children, said a bulldozer flattened his home yesterday after the Jerusalem municipality said he lacked building permits. Palestinians complain that the permits are virtually impossible to obtain.

A municipality spokesman stressed that the demolition was “conducted completely under the auspices of the Interior Ministry and the government of Israel” and was not ordered by the Mayor, Nir Barkat.

It comes a day after President Barack Obama called on Israelis and Palestinians to take measures to promote peacemaking and two days after a Jerusalem planning committee approved a building project for the headquarters of an Israeli settlement group in Sheikh Jarrah, a Palestinian area which Jewish settlers are increasingly penetrating.

Israel views East Jerusalem, annexed in 1967, as part of its capital but the annexation is considered illegal by most of the international community.

Moshe Yogev, the treasurer of the Amana Settler Movement, said the building site is close to existing Israeli national police headquarters and government offices in Sheikh Jarrah. “It is not as if we are going there to establish a fact on the ground,” he said.

Mr Yogev said the plan took 14 years to work its way through government and city committees. He was not sure if the settler group would follow through with moving its headquarters there. “We haven’t decided yet,” he said.

Other Israeli changes in Sheikh Jarrah include plans to evict two large families from homes they have occupied for more than 50 years on the grounds that they are not legal owners. It is believed their dwellings will be given over to settlers. Plans to demolish 88 Palestinian homes in the Silwan neighbourhood are temporarily on hold as a result of international pressure.

A British diplomat criticised the Israeli steps last night. “They [the new Israeli government] asked us for a pause while they formulate policy but if there will be a pause in the peace process there also needs to be a pause in the actions we are seeing in East Jerusalem. Such steps contradict Israel’s stated goal of peace,” the diplomat said.