Torture and Detention
Frequently Asked Questions (scroll down for article archives and further resources)
"If anyone acts like they don't know their government is torturing people on a widespread and systematic scale, they are choosing NOT to know. We have to continue to lead people to act against this -- going out to people, into classes, to institutions, and on worldcantwait.org. Too many people have learned to accept this, there is not nearly enough opposition to the revelations about these top level torture meetings -- but this is something that can change quickly if a beginning core acts with moral clarity..." -Debra Sweet, Director of World Can't Wait
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Torture + Silence = Complicity!
Act Now to Stop Torture!
Has Obama put an end to torture, rendition, and indefinite detention? Facts you need to know:
1. Obama admits Bush officials tortured, but refuses to prosecute them.
Cheney has bragged about authorizing water boarding of detainees. In January 2009, Obama told ABC’s George Stephanopoulos, that he believed water boarding was torture. Torture is a violation of Geneva Conventions. The Obama administration is, therefore, not only morally, but legally, required to prosecute Bush Regime officials for torture.
2. Under Obama, the U.S. is still holding detainees without charges or trial.
During the campaign Obama declared habeas corpus to be “the foundation of Anglo-American law.”Habeas corpus is your right to challenge your detention. It is a 900-year- old right. Without habeas corpus there are no restraints on a government’s powers to detain and punish.
Contrary to his rhetoric, the Obama administration is continuing the Bush Regime’s policies of denying prisoners habeas corpus rights and has even adopted the same arguments made by Bush. In February 2009, the Obama administration declared in Federal Court that it would not grant habeas corpus rights to detainees in U.S. custody in Bagram, Afghanistan.
In March 2009 Obama’s Justice Department claimed that Guantanamo prisoners who were detained before June 2008 had no habeas corpus rights. On May 21, 2010 the United States Court of Appeals for the District of Columbia ruled in favor of the Obama administration, holding that three prisoners who are being held by the U. S. at Bagram Air Base in Afghanistan cannot challenge their detention in U.S. courts.
3. Don’t be fooled just because Obama isn’t using the term “enemy combatant”
The Obama administration will no longer use the term “enemy combatant,” but it’s a change in name only: in the same court filing in which it made this announcement, Obama’s Justice Department made clear that it would continue to detain prisoners at Guantanamo without charge. As the NY Times put it:
“[T]he [Obama] Justice Department argued that the president has the authority to detain terrorism suspects there without criminal charges, much as the Bush administration had asserted. It provided a broad definition of those who can be held, which was not significantly different from the one used by the Bush administration.”
Meanwhile, Obama’s executive orders do not ban indefinite detention. In addition, at his confirmation hearing, Obama’s Attorney General Eric Holder said: “There are possibly many other people who are not going to be able to be tried but who nevertheless are dangerous to this country… We’re going to have to try to figure out what we do with them.” Holder suggested prisoners could be detained for the length of their war of terror which, as we know, has no set end point.
4. Guantanamo is still open. The prison at Bagram is growing and torture is being committed.
According to Reuters, abuse of prisoners worsened shortly after the election of Obama:
“Abuses began to pick up in December 2008 after Obama was elected, human rights lawyer Ahmed Ghappour told Reuters. He cited beatings, the dislocation of limbs, spraying of pepper spray into closed cells, applying pepper spray to toilet paper and over-forcefeeding detainees who are on hunger strike.”
Earlier this year Scott Horton reported in Harper’s Magazine on three murders of detainees in 2006 at Guantanamo that the military tried to cover up as suicides. More is coming out about torture at Bagram Detention Center in Afghanistan. Recently Andy Worthington reported on the detention and torture of three teenagers in his article, “Torture and the ‘Black’Prison,” or What Obama is Doing at Bagram (Part One).”
On June 7, 2010 Chris Floyd of Empire Burlesque wrote that under the Bush Regime medical personnel experimented on detainees to prove that the techniques used did not constitute torture. The chilling history of Nazi medical experimentation on those in concentration camps lurks in this revelation. (http://chris-floyd.com/articles/1-latest-news/1976- echoes-of-mengele-medical-experiments-torture-and- continuity-in-the-american-gulag.html)
This is a violation of Geneva Conventions and there is evidence that these experiments are going on under Obama.
5. Obama is continuing rendition.
During his confirmation hearing, new CIA director Leon Panetta made it clear the Obama administration will continue rendition. Rendition is the practice of kidnapping somebody in one country and shipping them to another country for detention. Michael Ratner, president of the Center for Constitutional Rights (CCR), said “Rendition is a violation of sovereignty. It’s a kidnapping. It’s force and violence…Once you open the door to rendition, you’re opening the door, essentially, to a lawless world.”
Obama supporters have attempted to draw the distinction between this practice and “extraordinary rendition,” defined as the practice of transferring somebody to another country knowing that they will be tortured. During his confirmation hearing, Leon Panetta said that under the Bush administration, “There were efforts by the CIA to seek and to receive assurances that those individuals would not be mistreated.” So Panetta is embracing the practices of the Bush Regime by continuing rendition!
Panetta then added, “I will seek the same kind of assurances that those individuals will not be mistreated.” (emphasis added)
Articles on Torture and Detention:
"The degree of civilization in a society can be judged by entering its prisons," wrote Russian novelist Fyodor Dostoevsky in The House of the Dead. The cruel, inhumane, and degrading treatment — torture — inflicted on disfranchised subjects, from Pelican Bay in California to Bagram, Afghanistan, must not only end; the presumption of American immunity to international law must be repudiated. Dismantling of U.S. torture camps can't wait. And that is up to us.
Abu Zubaydah is the "poster child for the torture program, and that’s why they never want him to be heard from again,” said Joseph Margulies, his attorney.
Andy Worthington, who has written many articles on Zubaydah over 10 years, summarizes:
Asked about Guantánamo in the past, Trump has said he would like to “load it up with bad dudes.” He wouldn’t specify to the Herald whether as president he would again allow terrorism suspects captured abroad to be transferred to the detention center.
From CloseGuantanamo.org: Please Send in Photos Reminding President Obama that, on U.S. Independence Day, He Has Just 200 Days Left to Close Guantanamo
Debra Sweet | July 5, 2016
This Sunday, July 3, President Obama will have just 200 days left of his presidency; 200 days, in other words, to fulfill the promise he made, on his second day in office, to close the prison at Guantánamo Bay. On January 22, 2009, he actually promised to close Guantánamo within a year, but although it is now nearly seven and a half years since that promise, it remains important for President Obama’s legacy that he does all he can to fulfill his promise before he leaves office.
The first and second of Bob Avakian’s “3 Things that have to happen in order for there to be real and lasting change for the better” (May 1, 2016) are (1) “People have to fully confront the actual history of this country and its role in the world up to today, and the terrible consequences of this,” and (2) “People have to dig seriously and scientifically into how this system of capitalism-imperialism actually works, and what this actually causes in the world.”
An Aging Muslim Prisoner, Jailed For 23 Years After FBI Entrapment, Petitions For Presidential Clemency
Carol Dudek | June 21, 2016
Debra Sweet | June 16, 2016
Reuters reported this week that the Obama administration has quietly ceased efforts to Close Guantanamo.
Curt Wechsler | May 18, 2016
CIA destruction of the Senate Intelligence Committee Report on Torture fails to erase the history of, or culpability for the horrors practiced at Guantanamo. No one will be able to put that particular genie back in the bottle. U.S. and international law provide no statute of limitations on the prosecution of war crimes.
The Justice Department recently released another of the now-notorious Office of Legal Counsel memos written by John Yoo -- memos that authorized torture, warrantless wiretapping, and indefinite detention," reports Patrick Toomey for justsecurity.org. "The new memo, written as a 'letter' to then-presiding FISC Judge Colleen Kollar-Kotelly in May 2002, addresses the legal basis for the NSA's warrantless wiretapping of Americans' communications under the 'Stellar Wind' program.
The best known of the prisoners is Tariq Ba Odah, on hunger strike since 2007. Even when he went to federal court last year with a demand to be released, the Obama administration fought it. Andy Worthington reports:
After more than eight years on a permanent hunger strike, he weighed just 74 pounds, and, according to medical experts and his lawyers, was at risk of death. Disgracefully, the Justice Department challenged his habeas petition, and, at the end of the year, Reuters revealed that the Pentagon had prevented representatives from an undisclosed foreign country that was prepared to offer him a new home from having access to his medical records, so that the country in question dropped its resettlement offer.