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 Guantanamo Bay Reboot, Part of the Vicious “America First” Fascism of the Trump/Pence regime.
- Category: Torture and Detention
In his first State of The Union message, Donald Trump announced the signing of a new executive order to keep Guantánamo Bay open to the sound of applause. He said those who didn’t applaud his speech are traitors.. His remarks are a harbinger of new waves of prisoners, staying true to his campaign promise to fill Guantanamo up with “some bad dudes.” He pledged to, “have all necessary power to detain terrorists wherever we chase them down, wherever we find them. And in many cases for them it will now be Guantánamo bay.” He further stated that “Terrorists who do things like place bombs in civilian hospitals are evil. When possible, we have no choice but to annihilate them,” disregarding due process. This is an expression of painful hypocrisy as Trump is a blood-thirsty fascist who bombs whole villages, mosques and schools. The budget proposed by the Trump/Pence regime reflects these vows with a $69 million investment in a Guantanamo reboot.
Guantánamo, Torture and the Trump Agenda
- Category: Torture and Detention
World Can't Wait | January 26, 2018
Andy Worthington on "Guantánamo, Torture and the Trump Agenda" at Revolution Books on January 16, 2018.
A Seminal Moment for the International Criminal Court (ICC)
- Category: Torture and Detention
Attorney Marjorie Cohn reminds us that despite the American Service-Members Protection Act, U.S. officials are not immune from investigation for war crimes in Afghanistan:
The doctrine of universal jurisdiction permits any country to try foreign nationals for the most egregious crimes, even without any direct relationship to the prosecuting country. That means other nations can bring U.S. leaders to justice for war crimes and crimes against humanity.
'Enhanced Interrogation' Tactics Were No Mistake
- Category: Torture and Detention
The approval of torture on detainees must be labeled an intentional, calculated decision that resulted from post-9/11 hyper-patriotism justifying the unethical treatment and dehumanization of detainees, who at times held no relevant knowledge regarding terrorism or were completely innocent," writes Claire Oh for International Policy Digest. President Trump's attempts to bury the Senate Intelligence Committee Report on Torture (he has ordered the return of all copies of the report to the Senate vaults) undermine the integrity of the United States' government.
The Building Boom at Guantanamo Bay Heralds a Rise in False Imprisonment
- Category: Torture and Detention
"Eight years ago, when I wrote a book on the first days of Guantanamo, The Least Worst Place: Guantánamo's First 100 Days, I assumed that Gitmo would prove a grim anomaly in our history," remarks Carol Rosenberg. "Today, it seems as if that 'detention facility' will have a far longer life than I ever imagined and that it, and everything it represents, will become a true, if grim, legacy of twenty-first-century America."
FBI Nominee Denies Involvement with John Yoo's Handiwork
- Category: Torture and Detention
While Christopher Wray's time as principal associate deputy attorney general coincided with "torture memos" authored by John Yoo, he discounts testimony that he reviewed, let alone approved, content.
"My view is that torture is wrong, it's unacceptable, it's illegal, and I think it's ineffective," Wray responded to questioning by the Senate Judiciary Committee today. Senators from both parties were impressed with his answer. "Best of luck to you," offered Al Franken.
Steven Bradbury 'Just Following Orders'? Or Working an Illegitimate System for Fame and Fortune?
- Category: Torture and Detention
From 2005-2009, Steven G. Bradbury was acting head of the Department of Justice's Office of Legal Counsel under George Bush. During this time he authored the "torture memos" that contradict domestic and international law regarding the treatment of prisoners. In 2008, Bradbury was blocked from holding Senate-confirmable positions due to his role in Bush's torture program. Then-Senate Majority Leader Harry Reid (D-NV) used procedural maneuvers to prevent Bradbury's nomination to a senior Justice Department position. With President Trump, he has resurfaced in vying for a key government position. - Veterans for Peace
International Criminal Court to Investigate Illegally Sanctioned Torture
- Category: Torture and Detention
"In a matter of weeks, the International Criminal Court (ICC) is expected to open a full-fledged investigation into the 'war crimes of torture and related ill-treatment, by United States military forces deployed to Afghanistan and in secret detention facilities operated by the Central Intelligence Agency,' " submits Loyola Law School International Human Rights Clinic director Mary H.
Torture Facilitator Seeking White House Position
- Category: Torture and Detention
Former acting head of the Justice Department's Office of Legal Counsel Steven G. Bradbury was spotted outside the Office of Presidential Personnel last week reports Ryan J. Reilly to The Huffington Post, ostensibly peddling his expertise in abusive treatment of political prisoners to the Trump administration.
John Yoo Has 'Grave Concerns' Over Use Of Executive Power -- When It's Not to His Liking
- Category: Torture and Detention
Why is the media pandering to the opinions of a war criminal? Does it really matter what John Yoo* thinks?
Torture 'Works' to Get Prisoners to Say What You Want to Hear
- Category: Torture and Detention
The use of coercion, including the inflicting of pain and extreme discomfort, to extract information has been attractive to those charged with protecting the public - as well as to criminals, psychopaths, warlords, dictators and sadists, for as long as any have existed," writes Jason Burke at The Guardian. But anything said under duress is inherently unreliable. Even "tactically, let alone morally, this is a problem." If torture 'worked' would it be OK?