Sep 8th, 2009
Posted by Suzanne Ito, ACLU at 5:39pm	Detention, Safe Communities, Fair Sentences, Torture

Indefinite Detention Sacrifices Human Dignity

Last weekend , NOW on PBS explored indefinite detention in its latest episode, "After Guantánamo." In it, host David Brancaccio interviewed Marine Lt. Col. Stuart Couch, who was tasked with prosecuting Mohamedou Ould Slahi, a Guantánamo detainee accused of 9/11-related crimes. In 2004, Couch became the first of six military lawyers to resign from prosecuting the military commissions cases assigned to them because they disagreed with the commissions' flawed system of "justice," which includes using evidence gained through torture and rigging the trials in favor of a conviction.

Lt. Col. Couch refused to prosecute the case because Slahi was tortured at Gitmo.

In the NOW interview, Lt. Col. Couch explains why he resigned:

We cannot compromise our respect for the dignity of every human being. And that goes to somebody that is alleged to have committed heinous crimes against citizens of this country. That doesn't change the immutable characteristic that they're still a human being, and it's a slippery slope that in the name of national security we decide to compromise that. If we compromise that, then al-Qaeda has been able to affect much more of an impact on this country than they have by driving a couple of planes into the World Trade Center or crashing one into the Pentagon. Because they've torn at the very fabric of who we are as Americans.

"After Guantánamo" also features an interview with Philippe Sands, author of Torture Team. Speaking on why the Obama administration should not create an indefinite detention system, Sands says:

The U.S. has a unique position around the world. There is no country that is more closely associated with the rule of law. That has given the United States, for good and for bad, a tremendous moral authority around the world. If the U.S. loses that moral authority, it will be come that much more difficult for the United States…to protect itself.

…The lot of a democracy is to fight with one hand tied behind its back, hostage to its own values, but a democracy is still stronger than those who face us down…We've got to keep our eye on our system of values, that no man or woman is deprived of liberty without due process. If that is gone, we become like those who seek to do us harm, and we don't make ourselves safer.

You can listen to Sands talk about accountability for torture with ACLU attorney Amrit Singh and Glenn Greenwald of Salon.com in this podcast (MP3). Philippe also wrote a blog post for our Accountability for Torture blog forum, called "Accountability Is Coming to the USA." And go to PBS.org to find out when "After Guantánamo" will be playing on your local PBS station.

 

Permalink |	Detention, Safe Communities, Fair Sentences, Torture

Tags: Close Guantanamo, indefinite detention, Lt. Col. Stuart Couch, Mohamedou Ould Slahi

1. Terry Foust Says:
   Sep 8th, 2009 at 7:19pm

   LtCol Couch is certainly entitled to his opinion. But it's obvious he's a lawyer first, and a Marine somewhere after that. I have no desire to share a foxhole with him.

2. Juanita Estrada Says:
   Sep 8th, 2009 at 7:32pm

   You, the ACLU disgust me. Instead of protecting law-abiding Americans and their rights, you would rather protect non-American terrorists and criminals.

   ACLU is very left-wing biased. The left-wing is out to destroy our liberties (our rights) yet the ACLU says nothing.

   I have ethical and moral values, but the ACLU doesn't, it picks and chooses what it favors, usually the criminal above the victim, the terrorist above the American citizen. There wasn't any torture, they still have their heads, limbs, organs, etc. Torture is what happens when you are prisoner's or nonconforming women in their countries.

   On top of that you put CIA agents in danger and our troops and country in danger and cost lives by revealing info to the enemy and hampering their work. They hate us because of our freedoms, and because women aren't covered head to toe, has nothing to do with how we treat them, in fact they would respect us more if we were tough.

3. joe Says:
   Sep 8th, 2009 at 7:37pm

   I'm glad to see non-citizens getting such good representation. AS an enlisted member for over 23 years I alawys feared being tried by my peers, 2/3 officers. To bad Lt Col Stuart did take such a stand aginst his fellow Americans.

4. Zane Says:
   Sep 8th, 2009 at 8:33pm

   You are all a bunch of America hating bastards.

5. Zane Says:
   Sep 8th, 2009 at 8:36pm

   Jimmy Carter,worst president in the history of the world.No wonder he supported Obama,Carter may wind up as second worst.

6. Vic Livingston Says:
   Sep 9th, 2009 at 10:57am

   BULLETIN TO ACLU:

   UNJUSTLY TARGETED AMERICAN CITIZENS AND FAMILIES ARE CONDEMNED TO A LIFE OF INDEFINITE DE FACTO HOME DETENTION; ORGANIZED COMMUNITY STALKING TERRORISM; AND MICROWAVE/LASER DIRECTED ENERGY WEAPONS TORTURE AND PHYSICAL DEGRADATION.

   THIS IS AN AMERICAN GENOCIDE -- OR POLITICIDE, SINCE MANY ARE TARGETED DUE TO THEIR POLITICS OR ETHIC HERITAGE.

   WHEN WILL THE ACLU CONFRONT THE REALITY OF THE EXTRAJUDICIAL TORTURE MATRIX SPAWNED OR EXPANDED UDER BUSH-CHENEY...

   AND NOW ENABLED BY THE NAIVETE OF TEAM OBAMA -- AND THE ACLU?

   http://nowpublic.com/world/gestapo-usa-govt-funded-vigila nte-network-terrorizes-america

   OR (if link is corrupted / disabled):

   http://NowPublic.com/scrivener RE: "GESTAPO USA"

7. Fellow American Says:
   Sep 10th, 2009 at 5:30am

   The behavoir of the John Adams Project is a disgrace. Protect Americans, not terrorists.

   The ACLU used to stand for something good. Now you are a bunch of obsessed idiots.

   Congratulations on your ability to turn something decent into a joke.

8. Brian Says:
   Sep 10th, 2009 at 5:41am

   End justifies the means and I hope we continue to torture the bastards. America is the greatest nation on earth and does more good for worldwide humanity than all other nations combined.

9. June D Meek Says:
   Sep 10th, 2009 at 10:03am

   There is no excuse for this pending Bill. It is anti American, and against everything the USA stands for. This bill is a direct attempt to undermine our Constitution and Bill of Rights. If this is what you believe in doing, then move to Red China. You belong there, not here.

10. Candobetter Says:
    Sep 10th, 2009 at 11:17am

    You people are the worst kind of people right beside ACORN , We don't need you ,This hard working american is tired of paying for the likes of you and ACORN,

11. Convert Says:
    Sep 10th, 2009 at 8:45pm

    For years I derided the ACLU as a bunch of left wing idiots. Ooops...not now. Keep up the good investigative work, and try to keep people like I used to be listening to both sides and try to help us come to a sane conclusion on controversial subjects.

12. John Adams Relative Says:
    Sep 10th, 2009 at 9:44pm

    John Adams Sr. & Jr. were part of my family and I find what you are doing and what this project stands for despicable and a shame & smear to John Adams name and his family tree.

13. erika morgan Says:
    Sep 10th, 2009 at 10:00pm

    Thank you for standing up for humanity ACLU; I remember we reap what we sow. If people who find themselves in our custody are really a danger to Americans there will be some humane and reasonable just charge under which they could be detained. If the agenda is just to keep them from a battle field against us we should be able to find a reasonable solution. In Switzerland the folks who fall under this class are guarded by young soldiers their age in succession until they can form an attachment and trustworthiness. Then these folks are made room-mates at some learning institution or job so at least personal development is progressing and the ferment of hatred is eased. The Swiss keep some of these individuals for life if they continue to pose a danger.

14. roald Says:
    Sep 10th, 2009 at 10:05pm

    Looks like the haters and misinformed are out in force. I wonder who tipped them off and told them what to write.

    For those of you who are religious, I recall something about whatsoever you do to the least of my people, that you do unto me.

15. Anonymous Says:
    Sep 11th, 2009 at 9:15am

    They are not detainees...but terrorists...and they are not US citizens...they are offered no rights or protection under the Constitution.

16. Paen Says:
    Sep 11th, 2009 at 1:35pm

    It's good to see that there are still people like Lt.Col.Couch who have the guts to stand up for whats right.It's just too bad that he will be slandered by the chicken hawks.

17. a registered nurse Says:
    Sep 11th, 2009 at 2:38pm

    Remember the following terms:

    organized stalking
    group stalking
    community-based harassment

    Eventually, they will be household phrases.

    Good Americans are being harassed in their communities. There is never any evidence and the police refuse to investigate.

    Who is behind these crimes and who will step forward and blow the whistle on these sadistic operations?

18. Erin Says:
    Sep 13th, 2009 at 11:54am

    You people are beyond pathetic! How dare you go out of your way to endanger the lives of Americans doing their job to protect our country! Not only are you putting our country in greater danger at being attacked again, but you are putting our American Troops overseas lives' in danger.

    ACLU has clearly forgotten 9/11 and is more interested in protecting a Terrorist than an American CIA agent doing his job. I don't know how any of you can sleep at night or look your children or grandchildren in the eye. It will be your fault when they attack us again.

    Apparently, the victims of 9/11 and their families, are not important to you. All that you care about is protecting a terrorist who was "supposedly" tortured, even though the investigation already concluded that they were not tortured. Nevermind that they are the ones who tortured and murdered our fellow citizens. I would do anything for my country to keep it safe. You are doing everything to make sure we are not. It is absolutely deplorable.

19. Maggie Says:
    Sep 14th, 2009 at 2:01pm

    I seem to remember that when President Clinton was given the opportunity to get Bin Laden he refused because he had no legal claim. A couple of years later look what happened. Apparently we seem to be repeating ourselves.

20. Paen Says:
    Sep 15th, 2009 at 2:14pm

    I would not be surprised if the U.S. Governement knew exactly where Ben Laden
    but are letting him go so that they could use him as an excuse to torture and to establish police state policies.

21. Ray Thornton Says:
    Sep 15th, 2009 at 11:20pm

    Are you really that stupid or are you just totally young and ignorant to actually believe and write crap like this. Thank you for standing up for humanity ACLU; I remember we reap what we sow. If people who find themselves in our custody are really a danger to Americans there will be some humane and reasonable just charge under which they could be detained. If the agenda is just to keep them from a battle field against us we should be able to find a reasonable solution. In Switzerland the folks who fall under this class are guarded by young soldiers their age in succession until they can form an attachment and trustworthiness. Then these folks are made room-mates at some learning institution or job so at least personal development is progressing and the ferment of hatred is eased. The Swiss keep some of these individuals for life if they continue to pose a danger

    You need to wake up and pull your head out of your professor's butt long enough to form a real thought that might even be of some value....BUT THIS, WHAT A JOKE.

22. James Says:
    Sep 16th, 2009 at 2:39pm

    Let's just let them all go free! Sounds great till thousands of Americans DIE in another terrorist attack.We are at WAR with terrorism! Terrorists declared war on our country when they killed thousands on 9/11. War is ugly and it always will be. Preach all you want ACLU the face of war will never change.

23. RW Says:
    Sep 19th, 2009 at 11:57am

    I have to say I agree with Juanita Estrada
    Number 2 above. The ACLU would like to see all Christians and Jews put to death and the Muslims take over the USA. Why is the ACLU trying to get all of the cross markers removed from national cemetaries? This is a Christian nation, just as Isreal is a Jewish nation, The Middle East is predominately Muslim, and much of Asia is Buddist. Who the hell is the ACLU to try to change anyones faith? Mind your own damn business, and for that matter, get out of the USA if you don't like it! We DO have freedom of religion, the right to bear arms, freedom of speech, and freedom to be a free-thinking society, free from the tyranny of government. Don't tell me what to think! I'll tell you what I think, I think the ACLU SUCKS!

24. roald Says:
    Sep 22nd, 2009 at 2:26pm

    RW, you sound a lot like the USMC person continuing to react to rumors, only worse.

    You show nothing to demonstrate that the ACLU wants anything more than to have the US to treat its citizens who happen to be Muslims the same as its citizens who happen to be Christians. This is a country whose citizens are mostly Christian, not a Christian nation. Our founders were wise to make that distinction.

    The story about the cross markers on headstones is has been debunked, check snopes, politifact, or factcheck.

    You show nothing to demonstrate that the ACLU is trying to change anyone's faith. In supporting the Constitution, it acts to Prevent the State from attempting to change anyone's faith.

    You are free to think and speak as you see fit, as am I. I think the ACLU is doing a great job supporting our Constitution against people who would take my rights from me.

25. RN Says:
    Nov 13th, 2009 at 8:15pm

    Good article, rn salary

26. RN Says:
    Nov 20th, 2009 at 9:20am

    Good article, rn salary

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