Category Archives: Guantanamo

EDITORIAL: Judicial complicity in torture

U.S. Court of Appeals decides that at Guantanamo, torture’s part of the job, but not to worry, the victims aren’t people
By Paul Woodward, War in Context, January 13, 2008

Suppose a United States Court of Appeals decided that even if torture is illegal, torturers cannot be prosecuted because “torture is a foreseeable consequence of the military’s detention of suspected enemy combatants.” And suppose the same court when approached by plaintiffs who have alleged that “high-level U.S. government officials treated them as less than human,” told those plaintiffs that the court itself did not regard them as “persons.” Would such a legal ruling merit great attention in the Washington Post or the New York Times? Apparently not.

What the U.S. Court of Appeals for the District of Columbia Circuit decided last Friday, was that, as James Oliphant reported in the Baltimore Sun, “even if torture and religious abuse were illegal, defendants were immune under the Constitution because they could not have reasonably known that detainees at Guantanamo had any constitutional rights.”

As Eric Lewis, a lawyer for the detainees said, “It is an awful day for the rule of law and common decency when a court finds that torture is all in a days’ work for the secretary of defense and senior generals.” It is also an awful day when the leading newspapers in America regard this event as worthy of nothing more than a cursory mention.

What the federal court of appeals has in effect done is to undergird a culture of torture. They have concocted a legal defense for individuals who might want to shield themselves behind a line of defense that failed the Nazis: we were just following orders. And they have constructed a legalistic artifice that dovetails into the mindset that facilitates torture: the de-humanization of the victims.

NEWS, OPINION & EDITOR’S COMMENT: Moral clarity on torture

CIA spy calls waterboarding necessary but torture
By Richard Esposito and Brian Ross, ABC News, December 10, 2007

A leader of the CIA team that captured the first major al Qaeda figure, Abu Zubaydah, says subjecting him to waterboarding was torture but necessary.

In the first public comment by any CIA officer involved in handling high-value al Qaeda targets, John Kiriakou, now retired, said the technique broke Zubaydah in less than 35 seconds.

“The next day, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate,” said Kiriakou in an interview to be broadcast tonight on ABC News’ “World News With Charles Gibson” and “Nightline.”

“From that day on, he answered every question,” Kiriakou said. “The threat information he provided disrupted a number of attacks, maybe dozens of attacks.” [complete article]

Editor’s Comment — “Because we’re Americans, and we’re better than that” — it’s a popular line, a curious quasi-ethical principal, and it’s John Kiriakou’s reason for no longer supporting the use of torture.

American ideals might be better than that, but Americans and their ideals are not the same. The American government sanctioned torture and American CIA officers have engaged in torture. Therein lies one of the many gaps between America and its ideals.

But to debate the issue of torture in terms of whether it is or is not un-American is to obscure a moral question that is not as complex as it is being made to appear. The issue should not hinge on whether we accept an idealized conception of what it means to be American. It has nothing to do with national identity. It hinges quite simply on whether we accept or reject the principle that the ends justifies the means.

Any time the phrase “saving American lives” enters the torture debate an ends-justifies-the-means argument is being employed. At the same time, no one actually wants to positively assert this line of reasoning. If the ends really do justifies the means then it shouldn’t make any difference what those means are — pulling out finger nails, raping relatives — why would anything be off limits if it could be shown to be effective in saving American lives?

On the other side is a pragmatic (and seemingly safe) argument: torture shouldn’t be used because it doesn’t work. It yields false confessions and there are much better non-violent means to tease out valuable information. This is also a means-ends argument that merely challenges the assumption that the means will accomplish the aims. (And not only is it a means-ends argument; it’s also rather easy to counter. All you have to do is present a case — as the CIA has just done — where it appears that torture “worked.”)

And then there’s the question of who gets tortured. To cite evidence that Abu Zubaydah may not have been a high-level al Qaeda operative is to imply that the legitimacy of torture is affected by the potential for the victim to cough up some valuable information. In other words, it implies that torture might be justifiable if it can be demonstrated that this particular person is really “worth” torturing. (Again, the CIA — on behalf of Bush-Cheney — presses the case that it has been extremely selective in who gets tortured.)

Ultimately, the only unambiguous moral position to take is to say that a calculated effort to make a human being suffer is immoral – it doesn’t make any difference who that person is or how well-intentioned the torturer might be. That’s moral clarity and that’s the principle that law and policy should embody.

The torture of Abdul Hamid al-Ghizzawi
By Leonard Fein, The Forward, December 10, 2007

On December 7, 2006, he was among several hundred detainees randomly selected and moved to the newest detention camp at Guantanamo, Camp 6, which was designed to hold the majority of the detainees. According to Amnesty International, and in contravention of international standards, all detainees in Camp 6 are held under conditions of “extreme isolation and sensory deprivation for a minimum of 22 hours a day in individual steel cells with no windows to the outside.”

Their cells reportedly are extremely small. The only source of light is fluorescent lighting that is on 24 hours a day and the only air is air-conditioning, both of which are controlled by the prison guards. The detainees reportedly are allowed two hours of “recreation time” a day to be spent in a metal cage measuring four feet by four feet. (That’s 1/3 the size of a ping-pong table.)

Al-Ghizzawi’s lawyer says that his guards frequently give him his “rec time” in the middle of the night or, sometimes, in the middle of the day when the cage is in the hot sun. Detainees in Camp 6 have no access to radio, television or newspapers. They are given one book a week.

According to his lawyer, Al-Ghizzawi’s eyesight has deteriorated so significantly that he is now unable to read. Thus he now spends his time pacing in his cell. All of the detainees at Guantanamo reportedly are forbidden telephone calls and family visits, and most are not allowed to touch another human being. The detainees are not given any blankets. Their only cover is a plastic sheet.

There is no reason to believe that Al-Ghizzawi’s treatment is exceptional. If his is at all an exceptional case, it is exceptional because he has twice been unanimously declared not to be an enemy combatant. [complete article]

Watching torture
By John Barry, Newsweek, December 10, 2007

The footage was blurry, shot with a handheld 8mm camera in the poor light filtering through the shack’s small windows. There was no sound—which lent merciful distance to what it showed: the interrogation of some unidentified middle-aged man, undergoing falanga, mostly (beatings to pulp the feet), though the session culminated in anal rape with a stick. What remains as a true horror in the memory is less those activities than the demeanor of the inquisitors. A couple of men in shirts were administering the torture. But a pair of interrogators stood off to one side, mostly out of the frame. They came to the victim before and after each bout, evidently asking questions. Then they’d go back out of frame, to let the next round of beatings commence. Two men in neat dark suits, professionals, just doing a job—unpleasant, perhaps, but necessary, as they saw it, for the safety of the state.

That no doubt is the true horror of the tapes the CIA destroyed—worse, even, than the sight of the torture procedures themselves. We assume it shows waterboarding, the near-drowning of someone strapped to a cruciform plank. Memories of that Savak instructional film tell me, indelibly, what the videos would have looked like: the torturers calmly pouring water over the cloth covering the victims’ faces, the frenzied chest-heavings as the bodies went into shock, the gasping and retching as each session ended. More horrifying still would have been the actions, or inactions, of all those standing around. There must have been interrogators, and an interpreter. Certainly a doctor, watching the victims’ vital signs on a monitor to gauge how long each session could last. This being America, there may have even been a lawyer on hand. All professionals, doing something unpleasant, but—you understand—necessary for the safety of the state. And at the end of the day, one assumes, they drove home to their families.

This is where 9/11 has brought us. No wonder Rodriguez destroyed those tapes. [complete article]

Lawyers cleared destroying tapes
By Mark Mazzetti, New York Times, December 11, 2007

Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from Al Qaeda, according to a former senior intelligence official with direct knowledge of the episode.

The involvement of agency lawyers in the decision making would widen the scope of the inquiries into the matter that have now begun in Congress and within the Justice Department. Any written documents are certain to be a focus of government investigators as they try to reconstruct the events leading up to the tapes’ destruction.

The former intelligence official acknowledged that there had been nearly two years of debate among government agencies about what to do with the tapes, and that lawyers within the White House and the Justice Department had in 2003 advised against a plan to destroy them. But the official said that C.I.A. officials had continued to press the White House for a firm decision, and that the C.I.A. was never given a direct order not to destroy the tapes.

“They never told us, ‘Hell, no,’” he said. “If somebody had said, ‘You cannot destroy them,’ we would not have destroyed them.” [complete article]

Editor’s Comment — Any decent mafia boss knows how to avoid implicating himself in a crime.

NEWS: After Guantanamo, ‘reintegration’ for Saudis

After Guantanamo, ‘reintegration’ for Saudis
By Josh White and Robin Wright, Washington Post, December 10, 2007

For five years, Jumah al-Dossari sat in a tiny cell at the U.S. prison at Guantanamo Bay, Cuba, watched day and night by military captors who considered him one of the most dangerous terrorist suspects on the planet.

In July, he was suddenly released to his native Saudi Arabia, which held a very different view. Dossari was immediately reunited with his family and treated like a VIP. He was given a monthly stipend and a job, housed and fed, even promised help in finding a wife. Today, he is a free man living on the Persian Gulf coast.

The treatment is part of a Saudi “reintegration program” designed to help Dossari, 34, and other former Guantanamo prisoners adjust to modern society and learn the meanings of Islam. About 40 of the more than 100 Guantanamo detainees from Saudi Arabia who have been transferred to Riyadh since last year have been released after participating in the program, and the rest are scheduled to be let go in coming months. [complete article]

NEWS, OPINION & EDITOR’S COMMENT: America has abandoned the rule of law

Jordan’s spy agency: holding cell for the CIA
By Craig Whitlock, Washington Post, December 1, 2007

Over the past seven years, an imposing building on the outskirts of this city has served as a secret holding cell for the CIA.

The building is the headquarters of the General Intelligence Department, Jordan’s powerful spy and security agency. Since 2000, at the CIA’s behest, at least 12 non-Jordanian terrorism suspects have been detained and interrogated here, according to documents and former prisoners, human rights advocates, defense lawyers and former U.S. officials.
[…]
Bush administration officials have said they do not hand over terrorism suspects to countries that are likely to abuse them. For several years, however, the State Department has cited widespread allegations of torture by Jordan’s security agencies in its annual report cards on human rights.

Independent monitors have become increasingly critical of Jordan’s record. Since 2006, the United Nations, Amnesty International and Human Rights Watch have issued reports on abuses in Jordan, often singling out the General Intelligence Department.

Former prisoners have reported that their captors were expert in two practices in particular: falaqa, or beating suspects on the soles of their feet with a truncheon and then, often, forcing them to walk barefoot and bloodied across a salt-covered floor; and farruj, or the “grilled chicken,” in which prisoners are handcuffed behind their legs, hung upside down by a rod placed behind their knees, and beaten. [complete article]

Editor’s Comment — The White House has a page on its web site devoted to “Tales of Saddam’s Brutality.” There it refers to falaqa as Uday Hussein’s “favourite punishment.”

U.S. says it has right to kidnap British citizens
By David Leppard, The Sunday Times, December 2, 2007

America has told Britain that it can “kidnap” British citizens if they are wanted for crimes in the United States.

A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.

The admission will alarm the British business community after the case of the so-called NatWest Three, bankers who were extradited to America on fraud charges. More than a dozen other British executives, including senior managers at British Airways and BAE Systems, are under investigation by the US authorities and could face criminal charges in America. [complete article]

The torture compromise of 2007
By David Bromwich, Huffington Post, November 29, 2007

A friend at a dinner party on the East coast found herself in an argument in which she was the only person opposed to torture. The other invitees, all graduates of favored preparatory schools and Ivy League colleges, worked in the law, investment banking, urban planning and the arts. They agreed that President Bush was incompetent and untrustworthy; but his fundamental mistake about torture had been to go after the law. Torture, they said, cannot be a policy, and a law that permits torture cannot be on the books. What is wanted is a leader who will break the law selectively, in a way we can trust. Torture should be allowable, but only by the right people and for the right reason. To a man and woman, the guests who held this view were supporters of Hillary Clinton. [complete article]

The Violent Radicalization and Homegrown Terrorism Prevention Act
By Philip Giraldi, Huffington Post, November 26, 2007

There has been a long tradition of fear-mongering legislation in the United States directed against groups and individuals believed to threaten the established order. The first such measures were the Alien and Sedition Acts passed by Congress in 1798 during the administration of the second president of the United States John Adams. The Acts, consisting of four separate laws, made it more difficult to become a citizen, sought to control real or imagined foreign agents operating in the United States, and also gave the government broad powers to control “sedition.” Sedition was defined as “resisting any law of the United States or any act of the President” punishable by a prison sentence of up to two years. It also made illegal “false, scandalous or malicious writing” directed against either the government or government officials. The next President, Thomas Jefferson declared that three out of the four laws were unconstitutional and pardoned everyone who had been convicted under them. [complete article]

Witness names to be withheld from detainee
By William Glaberson, New York Times, December 1, 2007

Defense lawyers preparing for the war crimes trial of a 21-year-old Guantánamo detainee have been ordered by a military judge not to tell their client — or anyone else — the identity of witnesses against him, newly released documents show.

The case of the detainee, Omar Ahmed Khadr, is being closely watched because it may be the first Guantánamo prosecution to go to trial, perhaps as soon as May.

Defense lawyers say military prosecutors have sought similar orders to keep the names of witnesses secret in other military commission cases, which have been a centerpiece of the Bush administration’s policies for detainees at Guantánamo Bay, Cuba.

Some legal experts and defense lawyers said the judge’s order, issued on Oct. 15 without public disclosure, underscored the gap between military commission procedures and traditional American rules that the accused has a right to a public trial and to confront the witnesses against him. [complete article]

NEWS: The Gitmo how-to manual

Sensitive Guantánamo Bay manual leaked through Wiki site
By Ryan Singel, Wired, November 14, 2007

A never-before-seen military manual detailing the day-to-day operations of the U.S. military’s Guantánamo Bay detention facility has been leaked to the web, affording a rare inside glimpse into the institution where the United States has imprisoned hundreds of suspected terrorists since 2002.

The 238-page document, “Camp Delta Standard Operating Procedures,” is dated March 28, 2003. It is unclassified, but designated “For Official Use Only.” It hit the web last Wednesday on Wikileaks.org.

The disclosure highlights the internet’s usefulness to whistle-blowers in anonymously propagating documents the government and others would rather conceal. The Pentagon has been resisting — since October 2003 — a Freedom of Information Act request from the American Civil Liberties Union seeking the very same document. [complete article]

REVIEW & OPINION: The torture presidency

The man behind the torture
By David Cole, New York Review of Books, December 6, 2007

Perhaps the most powerful lawyer in the Bush administration is also the most reclusive. David Addington, who was Vice President Dick Cheney’s counsel from 2001 to 2005, and since then his chief of staff, does not talk to the press. His voice, however, has been enormously influential behind closed doors, where, with Cheney’s backing, he has helped shape the administration’s strategy in the war on terror, and in particular its aggressively expansive conception of executive power. Sometimes called “Cheney’s Cheney,” Addington has twenty years of experience in national security matters—he has been a lawyer for the CIA, the secretary of defense, and two congressional committees concerned with intelligence and foreign affairs. He is a prodigious worker, and by all accounts a brilliant inside political player. Richard Shiffrin, deputy general counsel for intelligence at the Defense Department until 2003, called him “an unopposable force.” Yet most of the American public has never heard him speak.

Addington’s combination of public silence and private power makes him an apt symbol for the Bush administration’s general approach to national security. Many of the administration’s most controversial policies have been adopted in secret, under Addington’s direction, often without much input from other parts of the executive branch, much less other branches of government, and without public accountability. Among the measures we know about are disappearances of detainees into secret CIA prisons, the use of torture to gather evidence, rendition of suspects to countries known for torture, and warrantless wiretapping of Americans. [complete article]

The missing IG report on Maher Arar
By Scott Horton, Harper’s, November 16, 2007

Of all the Bush Administration’s many perversions of the justice system, there is something particularly distressing about the case of Maher Arar. A Canadian software engineer, he was changing planes in JFK on his way home to Canada after a Mediterranean vacation when American law enforcement snatched him up. Arar had been fingered as a terrorism suspect by Canadian authorities. Within a brief period of time, he was interrogated, locked-up and then bundled off to Jordan with directions for transshipment to Syria, a nation known to use torture. Indeed, it was plain from the outset that he was shipped to Syria for purposes of being tortured, with a list of questions to be put to him passed along. Never mind that Syria is constantly reviled as a brutal dictatorship by some Bush Administration figures who openly dream of bombing or invading it… the Syrians, it seems, have a redeeming feature—their willingness to torture the occasional Canadian engineer as a gesture of friendship to the Americans. [complete article]

NEWS: CIA taped interrogations

CIA admits to recording interrogations of top al Qaida captives
By Greg Gordon, McClatchy, November 13, 2007

The CIA has three video and audio recordings of interrogations of senior al Qaida captives but misled federal judges about the evidence during the case against terrorist Zacarias Moussaoui, federal prosecutors revealed in a Nov. 9 court filing that was made public Tuesday.

The disclosure is unlikely to undo Moussaoui’s conviction because the agency said the material on the tapes doesn’t pertain to his case.

However, the disclosure that the government taped some interrogations of high-value detainees could invite fresh scrutiny of the CIA’s treatment of so-called “enemy combatants” who were held at secret prisons or U.S. bases overseas.

John Radsan, a former CIA assistant general counsel who teaches at the William Mitchell College of Law in St. Paul, Minn., called the revelation of the tapes “huge” news.

“So far, there has been great mystery about what was actually done to the high-value detainees,” he said. “A videotape is worth a thousand words.” [complete article]

PREVIEW: The Cheney coup

Cheney’s law
Frontline, PBS, October 16, 2007

For three decades Vice President Dick Cheney conducted a secretive, behind-closed-doors campaign to give the president virtually unlimited wartime power. Finally, in the aftermath of 9/11, the Justice Department and the White House made a number of controversial legal decisions. Orchestrated by Cheney and his lawyer David Addington, the department interpreted executive power in an expansive and extraordinary way, granting President George W. Bush the power to detain, interrogate, torture, wiretap and spy — without congressional approval or judicial review.

Now, as the White House appears ready to ignore subpoenas in the wiretapping and U.S. attorneys’ cases, FRONTLINE’s season premiere, Cheney’s Law, airing Oct. 16, 2007, at 9 P.M. ET on PBS (check local listings), examines the battle over the power of the presidency and Cheney’s way of looking at the Constitution. [complete article]

OPINION: Guantanamo forever

Guantanamo’s not closing
By Karen J. Greenberg, TomDispatch, September 27, 2007

“Some people have said, we ought to close Guantanamo. My view is, we ought to double Guantanamo.” — Mitt Romney, Republican presidential debate, May 15, 2007

Take a breath, Mitt. Whatever you may think, your bravado statements about doubling the size of Guantanamo — part of your bid to lead the American people faster and farther into the Global War on Terror — are by no means completely off-the-wall. True, President Bush and Secretary of Defense Gates have both stated that closing Guantanamo might be the best way out of the legal limbo we’ve been in ever since that facility opened five and half years ago as the crown jewel of the administration’s offshore network of secret prisons. But forget what they say. Check out what they’re doing. The closing of Guantanamo — and a winding down of the administration’s detention and interrogation policies — may be farther away than most of us think. As elsewhere in this administration’s record, casual talk of refashioning a failed policy masks an inflexible commitment to “staying the course.” [complete article]

NEWS: GOP turns Gitmo into political asset; court jumps over legal hurdles

Closing Guantanamo lockup looks increasingly unlikely
By Noam N. Levey, Los Angeles Times, September 24, 2007

A lightning rod for international criticism, the U.S. detention facility at Guantanamo Bay, Cuba, not long ago appeared headed for closure. President Bush and his top advisors said they wanted to shutter the controversial lockup.

But the latest attempt to shut it down is facing collapse: The detention facility has been embraced by many Republicans as a potent political symbol in their quest to seize the terrorism issue ahead of next year’s elections.

GOP presidential candidates have jockeyed to demonstrate their support for the prison. One candidate has called for doubling its use. Another praised the menu and health plan offered to detainees. [complete article]

Court advances military trials for detainees
By William Glaberson, New York Times, September 25, 2007

A special military appeals court, overturning a lower court ruling, on Monday removed a legal hurdle that has derailed war crime trials for detainees at Guantanámo Bay, Cuba.

The ruling allows military prosecutors to address a legal flaw that had ground the prosecutions to a halt. The decision, by a three-judge panel of a newly formed military appeals court, was an important victory for the government in its protracted efforts to begin prosecuting some of the 340 detainees at Guantánamo. [complete article]