Archive for the 'torture' Category

24
Oct
10

The pathetic case against Omar Khadr

The United States strongly condemns the use of children as well to pursue violent agendas. We call upon all parties to immediately release all children within their ranks, to halt child recruitment, and to provide for the proper reintegration into civilian life of former child soldiers. —Susan E. Rice, U.S. Permanent Representative to the United Nations, September 16, 2010, at a Security Council debate on Somalia

UPDATED BELOW

Which is the most appallingly evil thing about the sad, ridiculous incarceration and trial(s) of Omar Khadr?

That a CHILD of 15, shot twice in the back, and blinded in one eye, is accused of WAR CRIMES for fighting back against an invading army that bombed and rocketed his compound before sending in the Special Forces, chucking grenades and … well, shooting children in the back?

That much of what we know about the firefight comes from the heavily redacted report by one OC-1, the “government employee” who shot Khadr in the back, twice?  And that that report only fell into reporters’ hands by accident, because the prosecution team accidentally left it where journalists could see it? And that there was a standoff worthy of the Keystone Kops where the authorities insisted the report be returned, with the reporters (naturally) refusing?

That OC-1’s testimony makes it clear that no one knew who threw the grenade that killed Sgt. Speer? It might have been his own comrades.

That Khadr was clearly tortured, and that whatever he confessed to must be seen in that light, and dismissed?

That half a dozen military PROSECUTORS have been disgusted enough to quit? “This is neither military, nor justice,” said one.

Another prosecutor’s case is reminiscent of Soviet psychiatric examinations for dissenters:

Lt. Col. Darrel Vandeveld, formerly lead prosecutor in another commissions case against a child soldier—a case that collapsed midway through, with the government dropping all charges. “It would be foolish to expect anything to come out of Guantánamo except decades of failure. There will be no justice there, and Obama has proved to be an almost unmitigated disaster,” he told me. After resigning from the commissions as a matter of ethical principle, Vandeveld was punished with a mandatory psychiatric evaluation and gratuitous hearings into his fitness for remaining in the Army, even though he now has only two months remaining in his term of service. Vandeveld, who has deployed to Iraq, Afghanistan, and Bosnia, doubts very much that any more prosecutors will resign after his highly visible reprimand.

That Obama, who vowed to “close Guantanamo, reject the Military Commissions Act and adhere to the Geneva Conventions,” has not gotten around to any of those things yet. What DID he do? He

abruptly barred four of the most knowledgeable reporters from returning to Gitmo, accusing them of violating an order that the identity of Omar Khadr’s primary interrogator be kept secret. It doesn’t matter that “Interrogator Number One,” convicted in a 2005 court martial for prisoner abuse at Bagram prison, had already been interviewed by one of these journalists two years ago and that his identity is available in the public record.

That the prosecution has engaged a shady charlatan who promotes himself as an “expert in evil” as a kind of last half-hearted effort to demonize Khadr?

That Khadr’s options are still ridiculous, to face the farcical military commissions trial, or agree to a plea-bargain that will see him behind bars for eight more years?

As has been argued forcefully elsewhere, the war criminal is not Omar Khadr.

Even if Khadr did everything alleged, none of the five charges as actually lodged describes a criminal violation of the law of armed conflict (LOAC). Two of the charges, conspiracy and providing material support to terrorism, are inherently problematic. The remaining offenses, murder and attempted murder “in violation of the law of war,” and spying, are capable of valid application, but lack legitimacy in Khadr’s factual situation. Essentially the government seeks to distort the fundamental legal equality between opposing belligerents into a unilateral shield for coalition personnel, turning the conflict into a “hunting season” in which U.S. forces can shoot their enemy on sight but their adversaries commit a war crime by fighting back. Because the tribunals’ statutory bases, the Military Commission Acts of 2006 and 2009, were enacted after Khadr was in custody, any charges lacking sound grounding in the LOAC constitute impermissible ex post facto enactments.

It’s Sunday night. The trial is scheduled to resume tomorrow morning and Khadr’s legal team might agree to a plea bargain any minute. Which would be a tragedy. Of course, his going forward with the trial might be even more tragic.

The laws and treaties that bind the United States are clear. Omar Khadr should not have served a single day in any prison. He was 15, a child, when captured. In a just world, he should be paid massive restitution from both the United States and Canadian governments. I know. Fat chance of that.

UPDATE: Omar Khadr has plead guilty to all charges against him.

Not at all surprising, just very very sad.

Pithiest comment so far: “Well, it’s official now. Anyone fights a U.S. attacker, s/he’s committed a war crime. Even if s/he didn’t, even if s/he was a child.”

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26
Jan
10

“No one was cheered and nothing was discussed”

Scott Horton’s The Guantánamo “Suicides”: A Camp Delta sergeant blows the whistle should by rights have shamed the nation into demanding 1. an investigation all the way up the command chain,  and 2. that Obama keep his promise to close Guantanamo.  But it didn’t, of course, because this is the age we live in.

Here is a brief summary, from the Guardian, of what Horton’s investigation turned up:

US government officials may have conspired to conceal evidence that three Guantánamo Bay inmates could have been murdered during interrogations, according to a six-month investigation by American journalists.

All three may have been suffocated during questioning on the same evening and their deaths passed off as suicides by hanging, the joint investigation for Harper’s Magazine and NBC News has concluded.

The magazine also suggests the cover-up may explain why the US government is reluctant to allow the release of Shaker Aamer, the last former British resident held at Guantánamo, as he is said to have alleged that he was part-suffocated while being tortured on the same evening.

“The cover-up is amazing in its audacity, and it is continuing into the Obama administration,” said Scott Horton, the contributing editor for Harper’s who conducted the investigation.

When the three men – Salah Ahmed al-Salami, 37, a Yemeni, and two Saudis, Talal al-Zahrani, 22, and Mani Shaman al-Utaybi, 30 – died in June 2006, the camp’s commander declared that they had committed suicide and that this had been “an act of asymmetrical warfare”, rather than one of desperation.

According to an official inquiry by the US navy, whose report was heavily censored before release, each man was found in his cell, hanging from bedsheets, with their hands bound and rags stuffed down their throats.

However, Horton spoke to four camp guards who alleged that when the bodies were taken to the camp’s medical clinic they had definitely not come from their cell block, which they were guarding, and appeared to have been transfered from a “black site”, known as Camp No, within Guantánamo, operated by either the CIA or a Pentagon intelligence agency.

The men said that the following day, a senior officer assembled the guards and told them that the three men had committed suicide by stuffing rags down their throats, that the media would report that they had hanged themselves, and ordered that they must not seek to contradict those reports.

Harper’s says that when the bodies of the three men were repatriated, pathologists who conducted postmortem examinations found that each man’s larynx, hyoid bone and thyroid cartilage – which could have helped determine cause of death – had been removed and retained by US authorities.

Horton has a follow-up to his investigative piece in Harper’s, one in which he muses on the frightening relevance of  W.H. Auden’s “The Sword of Achilles” to the dark period in our history we appear to have entered:

Auden’s poem is a work of beauty and power. It has prophetic vision, but that vision is a nightmare. It is born from the horrors of World War II. The barbed wire of concentration camps and death camps brings the Homeric epoch up to date. Auden is not portraying the tragedies of the last war as such. He is warning of a world to come in which totalitarian societies dominate and the worth and dignity of the individual human being are lost. He warns those who stand by, decent though they may seemingly be, and say nothing–perhaps because political calculus or the chimera of national glory have blinded them to the greater moral imperatives against homicide, torture and the dissemination of lies in the cause of war. Auden’s admonitions here are not necessarily those of a pacifist, though he unmistakably chides Homer for his glorification of a warrior culture. Is this, he seems to ask, where the Homeric vision of the warrior-hero has led our species?

But in the shield of Achilles, described in book 18 of the Iliad, we see Homer hammer a different tableau. Two cities are depicted on this shield. In one there is happiness, marriage, art and material plenty. The city is bound by the Rule of Law and disputes are resolved in the courts. “The other city was beleaguered by two armies, which were shown in their glittering equipment.” It is filled with strife, panic and death, and every disagreement is settled by violence, with victory going to the strongest, not the most righteous. All this potential lies in humankind, Homer tells us. Neither can be entirely stilled. But as Auden warns us, we must be ever watchful in which direction our society moves, whether it follows the dark path or the brilliant promise of the shield’s golden side.

A society that tortures and kills those placed entirely in its power and passes this fact by as a matter of indifference truly is plunging into the dark side of the world which these two poets describe–one at the dawn of man’s recorded history, the other in the crucible of modernity. On the day of these deaths in 2006, the American commander in Guantánamo violated the Homeric rules of decorum by taunting the dead and afflicting their families. The deceased prisoners “have no regard for human life,” he said. But in the end we must ask to whom those words more appropriately attach–the prisoners or those who have orchestrated the tragedy at Guantánamo? Another saying of the Achaean epoch applies to this tragedy. Long associated with the story of the Minotaur on Crete, it was recalled near the end of the nineteenth century by a philosophy professor at the University of Basel who waded deeply into the history of the era. “He who does battle with monsters,” he wrote, “needs to watch out lest he in the process become a monster himself.”

Needless to say, Americans are not holding parades for the brave camp guards who risked all to come forward. Nor are we taking to the street to protest the deaths of three nobodies on Guantanamo—”they were small/And could not hope for help and no help came.” As for the Obama Administration, no help there either:

Sergeant Joe Hickman, one of those who ended his silence about the cover-up, said he did so because of the new Administration’s commitment to right the previous one’s wrongs on civil liberties and detention policy. But Justice Department officials held one or two meetings with Hickman and his colleagues and then closed the investigation without prosecution, with a DoJ official saying to Hickman that his conclusions “appeared” to be unsupported.

I strongly recommend you read the entire exposé here, and Horton’s meditation on Auden here. And then tell me what there is to be done.




Ineffable beauty, unspeakable evil, and all sorts of crap in between

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