Spencer Ackerman reports: Negotiating a peace deal with the Taliban after 10 years of war in Afghanistan is hard enough. But the stalemated politics of the Guantanamo Bay detention facility risk effectively killing the negotiations before they even have the chance to end the war.
The Taliban leadership has evidently decided it wants to talk peace terms. Among the things it wants as a gesture of good faith from its U.S. adversaries: the release of five detainees from Guantanamo.
Provisions in the defense bill recently signed into law by President Obama make it difficult to transfer detainees out of Guantanamo Bay, the terrorism detention complex that turns 10 years old this week. But they’re a symptom of a greater obstacle to a peace deal: Congress’ broad, bipartisan allergy to releasing any detainees from Gitmo at all.
The calendar actually makes it worse than that. 2012 is an election year. Opening Guantanamo Bay’s doors as a gesture to the Taliban is a narrative practically begging for a political attack ad.
An administration official, who requested anonymity to discuss the super-sensitive proposition, tells Danger Room that Obama hasn’t actually made a decision — except to rule out a straight detainee release. “We would never consider an outright release,” the official says. “The only thing we’d consider is a transfer into third-party custody.” And that might actually provide the administration with a way to get the talks going, get the detainees out of Gitmo without freeing them, and keep Congress on board.
Outside analysts, however, aren’t convinced. “Politically,” says Karen Greenberg, who directs Fordham Law School’s Center for National Security, “it’s a nonstarter.”
Category Archives: human rights
Video: Former chief prosecutor, ex-prisoner call on Obama to close Guantánamo
On the 10th anniversary of the first detainees to Guantánamo, Amnesty International charges detention facility is ‘leaving toxic legacy’
The failure of the U.S. government to close the detention facility at Guantánamo Bay is leaving a toxic legacy for human rights, Amnesty International said on the 10th anniversary of the first detainees being transferred to this notorious U.S. prison.
In a report published ahead of the anniversary, Guantánamo: A Decade of Damage to Human Rights, Amnesty International highlights the unlawful treatment of Guantánamo detainees and outlines the reasons why the detention center continues to represent an attack on human rights.
“Guantánamo has infected everything it has touched,” said Tom Parker, Amnesty International USA policy director for (counter) terrorism and human rights. “We mark this dismal anniversary knowing with a heavy heart that despite President Obama’s election promise to close the facility it will begin its tenth year of operation more deeply entrenched in U.S. life than ever.”
Despite the president’s pledge to close the Guantánamo detention facility by January 22, 2010, 171 men were being held there in mid-December 2011. At least 12 of those transferred to Guantánamo on January 11, 2002 were still held there. One of them is serving a life sentence after being convicted by a military commission in 2008. None of the other 11 has been charged.
The Obama administration – indeed large parts of all three branches of the federal government – has adopted the global “war” framework devised under the former George W. Bush administration. The administration asserted in January 2010 that four dozen of the Guantánamo detainees could neither be prosecuted nor released, but should remain in indefinite military detention without charge or criminal trial under the United States unilateral interpretation of the law of war.
“Until the United States addresses these detentions as a human rights issue, the legacy of Guantánamo will live on whether or not the detention facility there is closed down,” said Rob Freer, Amnesty International United States researcher.
The Guantánamo detention facility, which is located on the U.S. naval base in Cuba, became a symbol of torture and other ill-treatment after it was opened four months after the 9/11 attacks.
Among the detainees still held there today include individuals who were subjected by the United States to torture and enforced disappearance prior to being transferred to Guantánamo. There has been little or no accountability for these crimes under international law committed in a program of secret detention operated under presidential authority. The U.S. government has systematically blocked attempts by former detainees to seek redress for such violations.
In 10 years, only one of the 779 detainees held at the base has been transferred to the United States for prosecution in an ordinary federal court. Others have faced unfair trials by military commission. The administration is currently intending to seek the death penalty against six of the detainees at such trials.
The Obama administration has blamed its failure to close the Guantánamo detention facility on Congress, which has indeed failed to ensure U.S. government compliance with international human rights principles in this context.
To mark this historic anniversary, Amnesty International members and other activists will host events around the world, calling for the end of the detention facility. In Washington, DC, a broad coalition of activists will hold a rally at the White House and a demonstration representing detainees still held at the detention center; in Canada, activists will create a temporary art installation near the U.S. Consulate in Toronto and host a ten-hour musical event in Montreal; “happy birthday” cards will be delivered the U.S. embassy in the Netherlands and a giant detainee visual will be delivered to the U.S. embassy in Spain; activists will create a flashmob in France; and in Stockholm, Sweden, activists will enter a prison cell to sign a petition to President Obama as images are projected onto a nearby billboard.
Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 3 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.
Too many victims of the war on terror remain imprisoned across the world
Mary Fitzgerald writes: It didn’t take long before one of the incentives offered to coax the Taliban to the negotiating table came to light: last week the Guardian carried reports of American plans to release several high-ranking Taliban leaders from Guantánamo Bay. They include Mullah Khair Khowa, a former interior minister, Noorullah Noori, a former governor in northern Afghanistan and maybe, just maybe, the former army commander Mullah Fazl Akhund – if a third country, perhaps Qatar, will accept custody of him.
It’s an inevitable step in the right direction, reminiscent of the tentative early moves in the Northern Ireland peace process. It also offers a convenient, if partial, solution to the status of the 171 legal headaches still languishing in America’s brutal Caribbean prison.
But it forces into light other shaming questions about the conduct of the so-called war on terror; and in particular about those thousands of men, women and children, many innocent of any crime even by the US authorities’ own admission, who were “rendered” and remain trapped in prisons across the world.
Hamidullah Khan was just 13 when he disappeared from South Waziristan, in Pakistan. I met his father, Wakeel Khan, on a recent trip to Islamabad. He told me with pride that Hamidullah was a “very good-looking boy” and showed me pictures. He said his son could be quite absent-minded, but worked very hard at school: his dream was to become a doctor.
During the summer holidays in 2008, Wakeel sent Hamidullah to the family home in South Waziristan to collect some of their possessions, as Wakeel could not get the time off work to go himself. Hamidullah never returned.
Wakeel, an ex-solider, tried to retrace his son’s steps. He caught the bus up to the province, and asked everyone about his son: his relatives, his old army contacts, the local Taliban. No one knew anything. He thought of going to the police, but given that they charge a 300 rupee bribe to replace an ID card, he asked himself, “how much would they charge to find a person?”
After a year, the Red Cross finally tracked down Hamidullah and passed a letter to his family saying he was being held in Bagram prison in Afghanistan. Despite American assurances that the prisoners there are treated well, fresh allegations of abuse surfaced this weekend.
No explanation has ever been offered for why a boy so young was picked up and taken hundreds of miles away, why he has never been charged, and why he has still not been released.
Torture doesn’t reduce crime
The proponents of a harsh penal system argue that being tough on criminals is the most effective way of tackling crime. A comparison between Virginia and the Netherlands makes it clear that this is a baseless argument. The Netherlands has twice the population of Virgina, twice the population density, lower per capita income, and yet Virginia incarcerates 40,000 of its population and tortures some of those — 1800 are held in solitary confinement — while the Netherlands has just 12,000 detainees — with about 20 prisoners in solitary confinement — and has in recent years closed prisons because there were too many empty cells.
The Washington Post reports: At Red Onion State Prison, built on a mountaintop in a remote pocket of southwest Virginia, more than two-thirds of the inmates live in solitary confinement.
In a state where about 1 in 20 prisoners are held in solitary, Red Onion, a so-called supermax prison, isolates more inmates than any other facility, keeping more than 500 of its nearly 750 charges alone for 23 hours a day in cells the size of a doctor’s exam room.
Virginia, one of 44 states that use solitary confinement, has 1,800 people in isolation, a sizable share of the estimated 25,000 people in solitary in the nation’s state and federal prisons.
As more becomes known about the effects of isolation — on inmate health, public safety and prison budgets — some states have begun to reconsider the practice, among them Texas, which, like Virginia, is known as a law-and-order state.
Mississippi, New York and Texas have begun to scale back the use of solitary confinement under pressure from prison watchdogs.
Now critics have set their sights on Virginia, where lawyers and inmates say some of the state’s 40,000 prisoners, including some with mental-health issues, have been kept in isolation for years, in one case for 14 years.
Nrc.nl reported: The Dutch justice ministry has announced it will close eight prisons and cut 1,200 jobs in the prison system. A decline in crime has left many cells empty.
During the 1990s the Netherlands faced a shortage of prison cells, but a decline in crime has since led to overcapacity in the prison system. The country now has capacity for 14,000 prisoners but only 12,000 detainees.
Deputy justice minister Nebahat Albayrak announced on Tuesday that eight prisons will be closed, resulting in the loss of 1,200 jobs. Natural redundancy and other measures should prevent any forced lay-offs, the minister said.
My Guantánamo nightmare
Lakhdar Boumediene writes: On Wednesday, America’s detention camp at Guantánamo Bay will have been open for 10 years. For seven of them, I was held there without explanation or charge. During that time my daughters grew up without me. They were toddlers when I was imprisoned, and were never allowed to visit or speak to me by phone. Most of their letters were returned as “undeliverable,” and the few that I received were so thoroughly and thoughtlessly censored that their messages of love and support were lost.
Some American politicians say that people at Guantánamo are terrorists, but I have never been a terrorist. Had I been brought before a court when I was seized, my children’s lives would not have been torn apart, and my family would not have been thrown into poverty. It was only after the United States Supreme Court ordered the government to defend its actions before a federal judge that I was finally able to clear my name and be with them again.
I left Algeria in 1990 to work abroad. In 1997 my family and I moved to Bosnia and Herzegovina at the request of my employer, the Red Crescent Society of the United Arab Emirates. I served in the Sarajevo office as director of humanitarian aid for children who had lost relatives to violence during the Balkan conflicts. In 1998, I became a Bosnian citizen. We had a good life, but all of that changed after 9/11.
When I arrived at work on the morning of Oct. 19, 2001, an intelligence officer was waiting for me. He asked me to accompany him to answer questions. I did so, voluntarily — but afterward I was told that I could not go home. The United States had demanded that local authorities arrest me and five other men. News reports at the time said the United States believed that I was plotting to blow up its embassy in Sarajevo. I had never — for a second — considered this.
The fact that the United States had made a mistake was clear from the beginning. Bosnia’s highest court investigated the American claim, found that there was no evidence against me and ordered my release. But instead, the moment I was released American agents seized me and the five others. We were tied up like animals and flown to Guantánamo, the American naval base in Cuba. I arrived on Jan. 20, 2002.
Notes from a Guantánamo survivor
Murat Kurnaz writes: I left Guantánamo Bay much as I had arrived almost five years earlier — shackled hand-to-waist, waist-to-ankles, and ankles to a bolt on the airplane floor. My ears and eyes were goggled, my head hooded, and even though I was the only detainee on the flight this time, I was drugged and guarded by at least 10 soldiers. This time though, my jumpsuit was American denim rather than Guantánamo orange. I later learned that my C-17 military flight from Guantánamo to Ramstein Air Base in my home country, Germany, cost more than $1 million.
When we landed, the American officers unshackled me before they handed me over to a delegation of German officials. The American officer offered to re-shackle my wrists with a fresh, plastic pair. But the commanding German officer strongly refused: “He has committed no crime; here, he is a free man.”
I was not a strong secondary school student in Bremen, but I remember learning that after World War II, the Americans insisted on a trial for war criminals at Nuremberg, and that event helped turn Germany into a democratic country. Strange, I thought, as I stood on the tarmac watching the Germans teach the Americans a basic lesson about the rule of law.
Made in the USA: Tear gas on the streets of Cairo
Year of rebellion — state of human rights in the Middle East and North Africa
Despite great optimism over the toppling of brutal regimes in Tunisia, Egypt and Libya, fundamental reforms to prevent continuing repression and abuses remain unfulfilled, with governments failing to address the scale of change demanded by the protest movements, Amnesty International said today in a new report on the state of human rights in the Middle East and North Africa.
The 80-page report, Year of Rebellion: State of Human Rights in the Middle East and North Africa, warned that protesters show few signs of abandoning their ambitious goals or accepting piecemeal reforms—and that state-sponsored violence and repression will continue until these changes are made..
“With few exceptions, governments have failed to recognize that everything has changed,” said Philip Luther, Amnesty International’s Middle East and North Africa director. “The protest movements across the region, led in many cases by young people and with women playing central roles, have proved astonishingly resilient in the face of sometimes staggering repression.”
“Protestors have shown that they will not be fooled by reforms that make little difference in the way they are treated by the police and security forces. They want concrete changes to the way they are governed, and they are demanding that those responsible for past crimes to be held to account.”
Despite great optimism at the toppling of long-standing rulers in Tunisia, Egypt and Libya, Amnesty International said that these gains had not yet been cemented by key institutional reforms to safeguard against the abuses of the past.
Egypt’s military rulers, the Supreme Council of the Armed Forces (SCAF), pledged repeatedly to deliver on the demands of the “January 25 revolution,” but Amnesty International’s report finds that they have in fact been responsible for a catalogue of abuses that is in some aspects worse than those under Hosni Mubarak’s rule.
The army and security forces have continued to violently suppress protests, resulting in at least 84 deaths between October and December 2011. Torture in detention has continued, and more civilians have been tried before military courts in one year than during the 30 years of Mubarak’s rule. Women have been targeted for humiliating treatment to try to deter them from protesting. In December the offices of a number of Egyptian and international NGOs were raided by security forces in an apparent attempt to silence critics of the authorities.
Amnesty International fears that 2012 could see further attempts by the military council to restrict the ability of Egyptians to protest and freely express their views.
The uprising in Tunisia brought significant improvements in human rights, but one year later many consider the pace of change too slow; families of the victims of the uprising are still awaiting justice. Following Tunisia’s October elections, a new coalition government was formed. Moncef Marzouki, a human rights activist and former Amnesty International prisoner of conscience, is the country’s interim president. Amnesty International said that in 2012 it would be critical for Tunisians to seize the opportunity of drafting a new constitution to ensure that it guarantees the protection of human rights and equality under the law.
Regarding Libya, Amnesty International raised significant questions about the ability of the new authorities to control the armed brigades that had helped oust the pro-Gaddafi forces and prevent them from replicating the patterns of abuse of the old system.
Despite the National Transitional Council calling on its supporters to avoid revenge attacks, it has rarely condemned serious abuses by anti-Gaddafi forces. In November the United Nations stated that an estimated 7,000 detainees were being held in makeshift centers under the control of revolutionary brigades, with no prospect of a proper judicial process.
Elsewhere, Amnesty International said that governments remained determined to cling to power, in some cases at almost any cost.
The Syrian armed forces and intelligence services have been responsible for widespread killings and torture amounting to crimes against humanity, in a vain attempt to terrify protesters and opponents into silence and submission. By the end of the year there were over 200 cases of reported deaths in custody, more than 40 times the recent average annual figure for Syria.
In Yemen the standoff over the presidency brought more violence upon ordinary Yemenis. More than 200 people were killed in connection with protests, while hundreds more died in armed clashes. Tens of thousands were displaced by the violence, causing a humanitarian crisis.
There were hopes in Bahrain that the an independent experts’ report in November on protest-related abuses might bring a fresh start for the country. At the end of the year the strength of the government’s commitment to implementing the commission’s wide-ranging recommendations remained to be seen.
Saudi Arabia’a government announced major spending packages in 2011, in what appears to be an attempt to prevent protests from spreading to the Kingdom. Despite the measures – and the drafting of a repressive anti-terror law – protests continued at the end of the year, in particular in the country’s eastern region.
In Iran, where domestic policies remained largely out of the spotlight during 2011, the government continued to stifle dissent, tightening restrictions on freedom of information and specifically targeting journalists, bloggers, independent trade unionists and political activists.
Amnesty International said the response of international powers and regional bodies, such as the African Union, Arab League and EU, to developments in 2011 had been inconsistent, and had failed to grasp the depth of the challenge to entrenched repressive rule in the region.
In Washington, Sanjeev Bery, Amnesty International USA advocacy director for the region, said: “The Obama administration has been a forceful advocate for human rights in countries like Syria but in Egypt, where the United States maintains diplomatic and military relationships, hostile security forces continue to use U.S.-supplied weapons to violate human rights. In Bahrain, the administration has suspended a proposed $53 million shipment of U.S. weapons. But we believe this sale should be cancelled outright.”
Although the international community had espoused the protection of human rights as a reason for military intervention in Libya, the U.N. Security Council, stymied by Russia and China in particular, has only issued a weak statement condemning the violence in Syria.
And although the Arab League acted quickly to suspend Libya from membership in February and later suspended Syria and sent a team of observers, it remained quiet when Saudi Arabian troops, acting under a Gulf Cooperation Council banner, backed the Bahraini government’s efforts to crush protests.
Despite the continuing violence and obstacles to change, Amnesty International’s Philip Luther said, “The refusal of ordinary people across the region to be deterred from their struggle for dignity and justice is what gives us hope for 2012.”
3-year-old arrested, leftist writer interrogated — another day in the Jewish and ‘democratic’ state
Max Blumenthal writes: 3-year-old Geraldine Blingoai was born to non-Jewish migrants. That was her crime.
Yesterday, Blingoai was arrested at her birthday party by officers from the Israel Oz Unit, a division of the police created to target non-Jewish migrants and other violators of Israeli immigration policy (link is to Hebrew article; pardon any translation errors). When Ilan Gilon, a member of Knesset from the left-of-center Meretz Party, attempted to visit Blingoai at a holding facility, his assistant was arrested too.
While Blingoai and her mother await deportation to the Philippines, their friends have “gone underground,” according to the Israel daily Yedioth Aharanot.
In other news, left-wing Israeli blogger Yossi Gurvitz said in a Facebook post (also in Hebrew) that he was interrogated by Israeli police after a right-wing legal foundation complained about his writing. Gurvitz wrote:
Two weeks ago I was questioned on suspicion of incitement. This investigation was politically inspired by a complaint of a political organization, the Legal Forum for Israel, aimed at silencing me. I have not committed a crime and I am convinced that the case [will] be closed. So far, I was not able to report it and I am prevented from expanding on the subject because of police guidelines.
In 2010, I interviewed Legal Forum for the Land of Israel founder Nachi Eyal after his group attempted to pressure Israel’s Attorney General to prosecute another dissident writer, Ilana Hammerman, for bringing Palestinian girls living under occupation to play at Israeli beaches. “Israel will not allow these kinds of things to continue,” Eyal told me.
This smear against Israeli human rights activists is all too familiar
Ben White writes: Last week, the president of the European Jewish Congress (EJC) launched an extraordinary attack on an Israeli human rights organisation, Adalah, comparing the NGO to the far-right French National Front and British National party.
Moshe Kantor, who heads the umbrella organisation for elected representatives of Europe’s Jewish communities, was responding to a leaked EU document that expressed concern for Israel’s treatment of Palestinian citizens (EJC declined to comment for this article). Claiming that the report had used Adalah as a source, Kantor said:
Adalah, an extremist organisation on the margins of society, openly declares a radical political agenda to change the nature of the state of Israel and has worked alongside some of the most radical elements in the region. It is like using sources from Front National to understand French society or the British National party to understand British society.
Adalah is a well-established legal rights centre in Israel that works to promote and defend the rights of Palestinian citizens (“Israeli Arabs”). It has special consultative status with the UN’s economic and social council (ECOSOC), and has received funding over the years from the likes of Oxfam, New Israel Fund and Christian Aid.
Just last month, as Adalah co-founder Hassan Jabareen received an award for his work, the NGO was described [PDF] by retired Israeli supreme court judge Ayala Procaccia as working “to advance human rights” with “outstanding intellectual power” and “high moral commitment”.
Why, then, would the EJC president compare this respected defender of minority rights to a party that Britain’s prime minister has previously described as “a bunch of fascists“?
In a disturbing parallel with the attacks on NGOs in Israel itself, the answer lies in Adalah’s record of defending Palestinian rights against human rights abuses and discrimination perpetrated by the Israeli government.
Why has the U.N. been so silent about the U.S. drone program?
Colum Lynch writes: Of the 60 people who have died in 14 reported drone attacks in Pakistan tribal areas since September, the names of all but one of the victims, an alleged leader of the Haqqani terror network named Janbaz Zadran, remain classified.
Since 9/11, the United States has dramatically expanded its covert drone program, killing between several hundred to more than 2,000 people, mostly in Afghanistan, Pakistan, Somalia, and Yemen, according to human rights groups. Carried out it in near total secrecy (even the existence of the drone program is classified), it’s impossible for outsiders to assess whether U.S. kill operations meet the standards of international law.
The drone program has proven highly controversial in Yemen — where a U.S. strike, prompted by bad intelligence, in May, resulted in the killing of a Yemeni official — and in Pakistan, where it has strained U.S. relations with a key ally in the war on terror. Last month, the Central Intelligence Agency temporarily suspended drone operations in Pakistan in an effort to repair the two countries’ relationship. But the U.N. leadership has shown little interest in registering concern about a practice considered highly controversial — even before the United States launched its war on terrorism after 9/11. While some of Washington allies’ are reportedly troubled by the scope of the U.S. killing campaign they have registered little public concern about it at the United Nations, leaving Iran as a relatively lone voice of protest against the program following their capture of an American surveillance drone in December.
Last month, Turtle Bay asked U.N. Secretary General Ban Ki-moon at his year-end press conference about his views on the use of drones, and whether he worries about countries like Iran or Russia taking up the practice. “I don’t have much to say about all this, what kind of means the member states use,” Ban answered. “This is something which national governments, military authorities, they may decide.”
Ban said that while he hoped these nations act within the bounds of “international regulations and understandings” he realizes that “with the rapid development of technology, many countries develop their own military means of getting, collecting information. Other than that, I do not have comments on this matter.”
Ban’s reluctance to address the drone policy stands in contrast to his predecessor Kofi Annan’s criticism of other controversial aspects of the U.S. led war on terror, particularly its detention and rendition policies.
The NDAA’s historic assault on American liberty
Jonathan Turley writes: President Barack Obama rang in the New Year by signing the NDAA law with its provision allowing him to indefinitely detain citizens. It was a symbolic moment, to say the least. With Americans distracted with drinking and celebrating, Obama signed one of the greatest rollbacks of civil liberties in the history of our country … and citizens partied in unwitting bliss into the New Year.
Ironically, in addition to breaking his promise not to sign the law, Obama broke his promise on signing statements and attached a statement that he really does not want to detain citizens indefinitely (see the text of the statement here).
Obama insisted that he signed the bill simply to keep funding for the troops. It was a continuation of the dishonest treatment of the issue by the White House since the law first came to light. As discussed earlier, the White House told citizens that the president would not sign the NDAA because of the provision. That spin ended after sponsor Senator Carl Levin (Democrat, Michigan) went to the floor and disclosed that it was the White House and insisted that there be no exception for citizens in the indefinite detention provision.
The latest claim is even more insulting. You do not “support our troops” by denying the principles for which they are fighting. They are not fighting to consolidate authoritarian powers in the president. The “American way of life” is defined by our constitution and specifically the bill of rights. Moreover, the insistence that you do not intend to use authoritarian powers does not alter the fact that you just signed an authoritarian measure. It is not the use but the right to use such powers that defines authoritarian systems.
With reservations, Obama signs act to allow indefinite detention of U.S. citizens
ABC News reports: In his last official act of business in 2011, President Barack Obama signed the National Defense Authorization Act from his vacation rental in Kailua, Hawaii. In a statement, the president said he did so with reservations about key provisions in the law — including a controversial component that would allow the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge.
The legislation has drawn severe criticism from civil liberties groups, many Democrats, along with Republican presidential candidate Ron Paul, who called it “a slip into tyranny.” Recently two retired four-star Marine generals called on the president to veto the bill in a New York Times op-ed, deeming it “misguided and unnecessary.”
“Due process would be a thing of the past,” wrote Gens Charles C. Krulak and Joseph P. Hoar. “Current law empowers the military to detain people caught on the battlefield, but this provision would expand the battlefield to include the United States – and hand Osama bin Laden an unearned victory long after his well-earned demise.”
The president defended his action, writing that he signed the act, “chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed.”
Senior administration officials, who asked not to be named, told ABC News, “The president strongly believes that to detain American citizens in military custody infinitely without trial, would be a break with our traditions and values as a nation, and wants to make sure that any type of authorization coming from congress, complies with our Constitution, our rules of war and any applicable laws.”
The Associated Press adds: The administration also raised concerns about an amendment in the bill that goes after foreign financial institutions that do business with Iran’s central bank, barring them from opening or maintaining correspondent operations in the United States. It would apply to foreign central banks only for transactions that involve the sale or purchase of petroleum or petroleum products.
Officials worry that the penalties could lead to higher oil prices, damaging the U.S. economic recovery and hurting allies in Europe and Asia that purchase petroleum from Iran.
The penalties do not go into effect for six months. The president can waive them for national security reasons or if the country with jurisdiction over the foreign financial institution has significantly reduced its purchases of Iran oil.
The State Department has said the U.S. was looking at how to put them in place in a way that maximized the pressure on Iran, but meant minimal disruption to the U.S. and its allies.
In response to the threatened penalties, Iran warned this past week that it may disrupt traffic in the Strait of Hormuz, a vital Persian Gulf waterway. U.S. officials say that while they take all threats from Iran seriously, they view this latest warning as little more than saber rattling because disrupting the waterway would harm Iran’s economy.
The $662 billion bill authorizes money for military personnel, weapons systems, the wars in Afghanistan and Iraq and national security programs in the Energy Department for the fiscal year beginning Oct. 1.
The measure also freezes some $700 million in assistance until Pakistan comes up with a strategy to deal with improvised explosive devices.
Obama’s freedom to kill anyone anywhere
Glenn Greenwald writes: [A] new Washington Post article which contains three short passages that I really want to highlight because they so vividly capture the essence of so much. The article, by Greg Miller, is being promoted by the Post this way: “In 3 years, the Obama administration has built a vast drone/killing operation”; it describes the complete secrecy behind which this is all being carried out and notes: “no president has ever relied so extensively on the secret killing of individuals to advance the nation’s security goals.” Here is the first beautifully revealing passage:
Senior Democrats barely blink at the idea that a president from their party has assembled such a highly efficient machine for the targeted killing of suspected terrorists. It is a measure of the extent to which the drone campaign has become an awkward open secret in Washington that even those inclined to express misgivings can only allude to a program that, officially, they are not allowed to discuss.
In sum: the President can kill whomever he wants anywhere in the world (including U.S. citizens) without a shred of check or oversight, and has massively escalated these killings since taking office (at the time of Obama’s inauguration, the U.S. used drone attacks in only one country (Pakistan); under Obama, these attacks have occurred in at least six Muslim countries). Because it’s a Democrat (rather than big, bad George W. Bush) doing this, virtually no members of that Party utter a peep of objection (a few are willing to express only the most tepid, abstract “concerns” about the possibility of future abuse). And even though these systematic, covert killings are widely known and discussed in newspapers all over the world — particularly in the places where they continue to extinguish the lives of innocent people by the dozens, including children — Obama designates even the existence of the program a secret, which means our democratic representatives and all of official Washington are barred by the force of law from commenting on it or even acknowledging that a CIA drone program exists (a prohibition enforced by an administration that has prosecuted leaks it dislikes more harshly than any other prior administration).
Karen Tse: How to stop torture
The youngest prisoner held at Guantánamo
Mohammed el Gorani was born in Saudi Arabia in 1986 but since his parents were from Chad, he didn’t have the rights of a Saudi. In the hope of advancing himself he traveled to Pakistan where he studied English with the goal of being able to return and work in a hotel in Mecca. Instead, at the age of 14 he ended up being sent to Guantanamo for seven years and then “repatriated” to Chad, where he had never lived nor spoke the language.
Gorani told his story to Jérôme Tubiana and what happened after he arrived in Karachi.
I planned to go home after those six months. But two months after my arrival, there was 9/11. I didn’t pay attention – I was very busy with my lessons. Every day, I woke up, went to school, ate lunch, played football with the neighbourhood kids, studied, prayed. Every Friday, I went to pray in a big mosque not far from the house. Most of the people praying there were Arabs, because the imam was Saudi and spoke a good Arabic. One Friday, at the beginning of the sermon, we saw a lot of soldiers surrounding the mosque. After the prayers, they started questioning the people. They were looking for Arabs. They asked me: ‘Saudi?’
‘No, Chadian.’
‘Don’t lie, you’re Saudi!’ It must have been because of my accent. They put me on a truck and covered my head with a plastic bag. They took me to a prison, and they started questioning me about al-Qaida and the Talibans. I had never heard those words.
‘What are you talking about?’ I said.
‘Listen, Americans are going to interrogate you. Just say you’re from al-Qaida, you went with al-Qaida in Afghanistan, and they’ll send you home with some money.’
‘Why would I lie?’
They hung me by my arms and beat me. Two white Americans, in their forties, arrived. They were wearing normal clothes. They asked: ‘Where is Osama bin Laden?’
‘Who’s that?’
‘You’re fucking with us? You’re al-Qaida, yes!’ They kept using the F-word.
I didn’t understand this word but I knew they were getting angry. A Pakistani was in the room, behind the Americans. When they asked if I was from al-Qaida, he nodded, to tell me to say yes. I wasn’t doing it, so he got mad. The Americans said: ‘Take him back!’ The Pakistani was furious: ‘They’re looking for al-Qaida, you have to say you’re al-Qaida!’ Then they put the electrodes on my toes. For ten days I had them on my feet. Every day there was torture. Some of them tortured me with electricity, others just signed a paper saying they had done it. One Pakistani officer was a good guy. He said: ‘The Pakistani government just want to sell you to the Americans.’ Some of us panicked, but I was kind of happy. I loved to watch old cowboy movies and believed that Americans were good people, like in the movies, it would be better with them than with the Pakistanis, we’d have lawyers. Maybe they’d allow me to study in the US, then send me back to my parents.
They started taking detainees away every night, by groups of twenty. We didn’t know where they were going to, but we thought the US. One day, it was my group’s turn. The Pakistanis took away our chains and gave us handcuffs ‘made in the USA’. I told the other detainees: ‘Look, we’re going to the US!’ I thought the Americans would understand that the Pakistanis had cheated them, and send me back to Saudi.
So my hands were tied in the back and a guard held me by a chain. We were twenty, with maybe fifteen guards. They covered our eyes and ears, so I couldn’t see much. When they took off our masks, we were at an airport, with big helicopters. Then the movie started. Americans shouted: ‘You’re under arrest, UNDER CUSTODY OF THE US ARMY! DON’T TALK, DON’T MOVE OR WE’LL SHOOT YOU!’ An interpreter was translating into Arabic. Then they started beating us – I couldn’t see with what but something hard. People were bleeding and crying. We had almost passed out when they put us in a helicopter.
We landed at another airstrip. It was night. Americans shouted: ‘Terrorists, criminals, we’re going to kill you!’ Two soldiers took me by my arms and started running. My legs were dragging on the ground. They were laughing, telling me: ‘Fucking nigger!’ I didn’t know what that meant, I learned it later. They took off my mask and I saw many tents on the airstrip. They put me inside one. There was an Egyptian (I recognised his Arabic) wearing a US uniform. He started by asking me: ‘When was the last time you saw Osama bin Laden?’ ‘Who?’ He took me by my shirt collar and they beat me again. During all my time at Kandahar, I was beaten. Once it was like a movie – they came inside the tent with guns, shouting: WE CAUGHT THE TERRORISTS! And they put us in handcuffs. ‘Here are their guns!’ And they threw some Kalashnikovs onto the ground. ‘We’ve been fighting them, they killed a lot of people!’ All that was for cameras, which were held by men in uniforms. I was lying on the ground with the other prisoners. They brought dogs to scare us.
One day they started moving prisoners again. They picked you from your tent, put you naked, shaved your head and beard (I was too young to have a beard), then beat you. They dressed you with orange clothes, handcuffed you, and put gloves with no fingers on you, so you couldn’t open the handcuffs. ‘You guys are going to a place where there is no sun, no moon, no freedom, and you’re going to live there for ever,’ the guards told us, and laughed. They put you in completely black glasses and headphones, so that you couldn’t see or hear. With those on, you don’t feel the time. But I could hear when they were changing the guards, probably every hour. I must have spent five hours sitting on a bench, with another detainee in my back.
Then they put us in a plane – I don’t know what kind because I couldn’t see. As soon as you moved or talked, they beat you. They were shouting: IF YOU DON’T FOLLOW OUR ORDERS, WE’LL KILL YOU! I passed out. We had no water and no food. I woke up hearing voices shouting at me in different languages. They took me to my cell. I saw soldiers everywhere, and guns, like if it was war. There were big metal fences everywhere. We were in Guantánamo, in Camp X-Ray. It’s a prison without walls, without roofs – only fences. Nothing to protect you from the sun or the rain.
The sky was blue. Except for sky you couldn’t see anything. Later, when I was moved to Camp Delta, I could look by the windows. The camp was ringed with a green plastic sheet, but there were holes and I could see trees. And even the sea. I saw it even better, years later, when I was moved to Camp Iguana, where they put you before release. Through the plastic sheet, I saw the ocean, big ships and the guards swimming. Only in Iguana can you touch the sand.
In Camp Five as well, there was a window in my cell, but it was covered with brown tape. One day I was sitting, mad, sad, angry, and a woodpecker came and knocked, knocked until it broke the tape – a hole big as a coin. It did this to a lot of windows. It started doing it every day and the guards had to put new tape every day. Sometimes, they left the holes. I could see the cars, the soldiers, the sky, the sun, the life outside. We called the bird Woody Woodpecker.
For months, I didn’t know where I was. Some brothers said Europe. No, others told: ‘It’s the weather of Oman.’ Others told Brazil, also because of the weather. We arrived in February, but it was so hot in comparison to Kandahar. There we shivered night and day, especially when we were naked. After a few months, an interrogator told me: ‘We’re in Cuba.’ It was the first time I heard this name. ‘An island in the middle of the ocean. Nobody can run away from here and you’ll be here for ever.’ The older detainees knew of Cuba, but didn’t know there was an American base. I’d seen a lot of American movies, and arrested people always said: ‘I have the right to a lawyer!’ The interrogators laughed at me: ‘Not here in Guantánamo! You got no rights here!’

‘No, Chadian.’