Secretary Gates Says Americans Should Not See Torture PhotosLate Friday night, the government filed a brief in which Secretary of Defense Robert Gates purportedly invoked his authority to block the release of photos depicting the abuse of detainees in U.S. custody overseas. The development came in our five-year-old lawsuit for the release of records, including photographs, related to the abuse of prisoners. Secretary Gates was granted the authority to exempt certain images from disclosure under the Freedom of Information Act (FOIA) as part of the Homeland Security appropriations bill signed by President Obama last month. An amendment to the bill grants the Secretary of Defense the authority to suppress certain photographs deemed harmful to national security. After the bill was signed into law, we urged Secretary Gates’ not to invoke the authority to block the release of the photos. Unfortunately, not only did Secretary Gates invoke the authority, but his blanket certification states that it applies to all of the photos, failing to provide the individualized assessment that the amendment's language requires. The government also failed to provide any basis for the claim that disclosure of the photos would harm national security. We plan to file a responsive brief. As Adam Serwer pointed out in Tapped this morning: What suppressing the photos probably also does is help prevent the kind of widespread public reaction to torture that we saw following the release of the Abu Ghraib photos. It's one thing to hear about torture in the abstract, it's another to see its effects visually. By suppressing the photographs, the White House is also circumventing potential criticism of its decision to seek as little accountability as possible for the behavior the pictures portray. Alex Abdo, a legal fellow with the ACLU’s National Security Project stated in a press release The government's argument for suppression of the photos sets a dangerous precedent – that the government can conceal evidence of its own misconduct precisely because the evidence powerfully documents gross abuses of power and of detainees. This principal is fundamentally anti-democratic. The American public has a right to see the evidence of crimes committed in their name. Meaningful accountability is impossible without transparency. Learn more about the ACLU’s accountability initiative, and take action today at www.aclu.org/accountability.
Accountable for Torture…In ItalyToday, an Italian court convicted 23 Americans for the “extraordinary rendition” of a Muslim cleric who was kidnapped in Milan in 2003. The case is the first of its kind to hold Americans accountable for the rendition of terrorism suspects overseas. The three-year trial in Milan ended in the conviction of Americans — mostly CIA agents — in the kidnapping of Hassan Moustafa Osama Nasr, known as Abu Omar. Omar was seized on the streets of Milan in 2003 and held in U.S. military bases in Italy and Germany, before being transferred to Egypt, where he claimed he was tortured. After four years in detention, he was released without charge. According to media reports, the Americans were tried in absentia, and all but one was given a five-year sentence. Former Milan CIA station chief, Robert Seldon Lady, was sentenced to eight years in prison. Three other Americans were given diplomatic immunity and acquitted. Two Italians were convicted as accomplices to kidnapping. In contrast, earlier this week, a rendition lawsuit brought against U.S. government officials on behalf of Canadian citizen Maher Arar was dismissed by a U.S. Court of Appeals because it raised foreign policy and secrecy issues. And, last week a federal appeals court announced that it will hear the government's appeal of an earlier ruling that allowed an ACLU lawsuit to go forward against a Boeing subsidiary, Jeppesen DataPlan Inc., for its role in the "extraordinary rendition" program. The decision in Italy underscores the need for the United States to hold its own officials accountable for crimes committed under the “extraordinary rendition” program. It is shameful that the first convictions of this kind came from a foreign justice system, where those convicted are not likely to serve their time. The U.S. judicial system must provide similar measures of accountability to hold those who committed crimes in the names of the American people responsible for their actions and provide victims of torture with access to justice. The ACLU has been calling on the Justice Department to hold accountable those involved in the illegal rendition and torture of detainees in the Bush administration’s “war on terror.” Join us in asking Attorney General Holder to launch a full and thorough investigation of the abuse and torture of detainees in U.S. custody.
Tags: Rendition
Government Hands Over More Torture DocumentsOn Friday, the government released more documents detailing the Bush administration’s torture program. The documents were handed over as a part of our ongoing litigation under the Freedom of Information Act (FOIA) for information related to the treatment of detainees in U.S. custody overseas. The documents released include: a less-classified version of a report from the Justice Department’s (DOJ) Office of the Inspector General relating to the involvement of FBI agents in the interrogations in Guantánamo Bay, Afghanistan and Iraq; documents gathered by the DOJ’s Office of the Inspector General in preparing its report; and CIA documents relating to interrogations at black sites overseas. The newly released documents are among thousands of pages of government records detailing the interrogation of prisoners by the FBI, Department of Defense (DOD) and CIA that have been made public as a result of our lawsuits. An Associated Press story about the documents reports on some of the gruesome details contained within the documents: As the CIA began to use harsh interrogation techniques against captured terror suspects, the FBI became wary of the legality of the methods, which ranged from forced nudity to waterboarding, a form of simulated drowning. As a result, FBI agents were ordered not to participate in such harsh interrogations. The documents released last week add to our knowledge about the origins, scope and consequences of the Bush administration’s torture program. The documents are a reminder of the gross human rights abuses that have yet to be investigated seriously by Congress or the Justice Department
In a press release, Jameel Jaffer, Director of the ACLU’s National Security Project stated, “The last administration's decision to endorse torture undermined the United States' moral authority and compromised its security, but the failure of the country's current leadership to fully confront the abuses of the last administration is only compounding these harms.” You can find the newly disclosed documents here, search through the over 130,000 pages we’ve unearthed through our lawsuit on our Accountability for Torture site, and read our ongoing account of the Bush administration’s torture program at The Torture Report. After you’ve seen the evidence for yourself, we hope you’ll join us in urging Attorney General Holder to launch a full and thorough torture investigation that follows the facts wherever they may lead.
Al-Marri Sentence Proves Federal Courts Can Handle Terrorism CasesLast week, a judge sentenced Ali al-Marri, the last “enemy combatant” held on U.S. soil, to eight years in prison. Although he faced up to 15 years, the judge sentenced al-Marri to 100 months (a little more than 8 years), taking into account the time he has already spent in military and civilian custody in departing from the sentencing guideline range. Al-Marri is expected to receive credit for the more than two years he spent in pre-trial detention both before and after he was declared an "enemy combatant."
Al-Marri, a Qatari national, lawfully entered the U.S. in September 2001 with his wife and five children. He was initially arrested in December 2001 for credit card fraud by the FBI. Al-Marri pled not guilty and prepared to contest the charges, but in June 2003, on the eve of a hearing to suppress illegally seized evidence and less than a month before trial, President Bush declared al-Marri an al Qaeda agent and designated him an "enemy combatant" in the so-called "war on terror." That same day, the military took custody of al-Marri and incarcerated him at the Navy brig in South Carolina, indefinitely and without charge.
The ACLU filed a habeas corpus petition on al-Marri’s behalf to challenge the constitutionality of his detention without charge or trial. The case was slated to be heard by the Supreme Court in April 2009, but in February, 2009, after nearly six years in detention without charge, the U.S. brought criminal charges against al-Marri for material support of terrorism. The government moved to dismiss the Supreme Court case as moot and transferred al-Marri from military to civilian custody. Because of this development, the Supreme Court ultimately declined to hear the case, but significantly, the Court vacated the lower court’s ruling that asserted the president could indefinitely detain “enemy combatants” without charge or trial.
In May, 2009, al-Marri pled guilty in the U.S. District Court for the Central District of Illinois to one count of conspiracy to provide material support to a foreign terrorist organization. In exchange, the government dropped a second charge of providing material support to a foreign terrorist organization.
Although al-Marri faced up to 15 years in prison for the criminal conviction, we argued that the court should take into account al-Marri’s eight years in custody, including almost six years at the Navy brig, much of it spent in isolation. We’re pleased that the court took the time spent into account. As Jon Hafetz, a lawyer with the ACLU’s National Security Project and counsel in the al-Marri case stated in a New York Times article, the sentence is “a powerful reminder that America’s civilian courts can deliver justice even in the most challenging circumstances.”
Stephen Colbert Signs Letter to Close Gitmo NowLast week, a coalition of musicians filed a Freedom of Information Act (FOIA) request to find out if their music had been used during the interrogation of detainees in U.S. custody. Last night, Rosanne Cash, one of the musicians who filed the request, appeared on The Colbert Report to go head-to-head with Stephen Colbert on the use of “torture music” at Guantánamo. Cash held her ground with the wily Colbert, stating, “Using music, a creative art, for the exact opposite purpose, to use it as a weapon to hurt someone, it’s wrong. There is no gray area, it’s wrong.” She even convinced Colbert to sign a letter agreeing with Gen. Colin Powell that Guantánamo “should be closed this afternoon.” To join Rosanne Cash and Stephen Colbert and to learn more about the coalition of musicians who have joined the new National Campaign to Close Guantánamo, head on over to www.closegitmonow.org.
Rendition RewindYesterday, a federal appeals court announced that it will hear the government’s appeal of an earlier ruling that allowed the ACLU’s lawsuit against Boeing subsidiary, Jeppesen DataPlan Inc., to go forward. In 2007, we sued Jeppesen for its role in the Bush administration’s unlawful “extraordinary rendition” program. Our lawsuit was filed on behalf of five men who were forcibly disappeared and then tortured in U.S.-run secret overseas prisons or by foreign intelligence agents. Shortly after the lawsuit was filed, the Bush administration intervened, improperly asserting the “state secrets” privilege and asking the judge to have the case thrown out without considering any evidence in support of the mens’ case. Although the lower court upheld the government’s claims, in April, a three-judge panel reversed the lower court’s dismissal (PDF) of the lawsuit. The panel held, contrary to the assertions of Obama administration lawyers, and as we had argued, that the “state secrets” privilege can only be invoked with respect to specific evidence, and not to dismiss the entire suit. In June, the Obama administration appealed the decision, and asked an “en banc” panel of 11 judges to rehear the case, which the court announced yesterday that it will hear. Ben Wizner, staff attorney with the ACLU’s National Security Project, and counsel in the case, stated:
The San Francisco Chronicle’s coverage of the rehearing points out that, “Of the five plaintiffs, two are still imprisoned in Egypt and Morocco, and the other three were released without U.S. charges.” To date, no torture victim from the Bush-administration’s “War on Terror” has had his day in court. Tags: Human Rights Program, national security project, Rendition
Life after GitmoToday, the Los Angeles Times reports on the struggle of former Guantánamo detainee Mohammed Jawad to readjust to freedom after spending roughly a third of his life in detention. In August, as a result of the ACLU's habeas corpus petition on behalf of Jawad, he was finally released and sent home to Afghanistan after six-and-a-half-years in U.S. custody. While in U.S. custody, Jawad, one of the youngest prisoners held at Guantánamo, was held in solitary confinement and subjected to the infamous "frequent flyer" sleep deprivation program. He attempted suicide in December 2003 by repeatedly slamming his head against his cell wall. Two judges — first his military commission judge, then a federal judge — ruled that evidence gleaned through Jawad's torture and coercion was inadmissible. The LA Times story sheds light on the difficulties of adjusting to life after Guantánamo: [Jawad]...suffers from frequent headaches, he says, and often rests during the day. Prison memories haunt him, something doctors warn may never end. He worries about those left behind, his de facto family. He's out and they're not, and that's a source of guilt. Though the Obama administration has said it will close Guantánamo, hundreds of detainees remain there and at Bagram. In spite of this, Jawad has hope for the future. The article states that Jawad wants to be a doctor and "[h]e wants to resume his education, he says, even if it means sitting with 13-year-olds at tiny desks." Jawad goes on to state, "That's my dream... I don't know if it's possible. But that's my dream." The story also quotes one of Jawad's military lawyers, Eric Montalvo, as saying, "We need to do more than just dump him on the corner with a bus ticket after seven years and say, 'Have a nice day.'" Promptly and justly handling the cases of remaining prisoners is one part of the Guantánamo challenge. Honestly confronting the crimes committed in America's name at the notorious prison camp is another. Americans deserve to know who authorized, condoned and encouraged the abuse and torture of detainees like Jawad; let Attorney General Eric Holder know that you stand with the ACLU and support a thorough investigation of torture crimes. Tags: Close Guantanamo
Tortured TunesToday, a group of musicians, including REM, Pearl Jam and The Roots filed a Freedom of Information Act (FOIA) request to find out whether their music was played at the detention facility at Guantánamo Bay. The request for information stems from former Guantánamo detainees’ testimony and released government documents that document that music has been used as part of interrogations. The Roots said in a statement, “When we found out that music was being used as part of the torture going on at Guantanamo, shackling and beating people — we were angry. Just as we wouldn’t be caught dead allowing Dick Cheney to use our music for his campaigns, you can be damn sure we wouldn’t allow him to use it to torture other human beings. Congress needs to shut Guantánamo down.” Tom Morello of Rage Against the Machine, another of the artists who initiated the FOIA request, stated, “Guantánamo may be Dick Cheney's idea of America, but it's not mine. The fact that music I helped create was used in crimes against humanity sickens me – we need to end torture and close Guantánamo now." Documents that the ACLU has uncovered through our five-year-old FOIA request about the abuse and torture of detainees in U.S. custody detail how “torture music” was used. Criminal investigation records, sworn statements by military intelligence personnel and detainees, and other documents detailing the use of music as an interrogation method are searchable on the ACLU’s torture document database, which makes available to the public over 130,000 pages of government records released to the ACLU. Among the records we’ve disclosed through our lawsuit are:
The ACLU has also interviewed former Guantánamo detainees about their experiences in U.S. custody. Ruhal Ahmed, a 27-year–old, life-long British resident who spent two-and-a-half years at Guantánamo described the use of heavy metal music in combination with stress positions: …[T]hroughout our stay in Guantánamo, we was all physically, and psychologically, and sexually abused in many forms… we were put into stress positions for days… sometimes exceed[ing] two days, three days, and at the same time you would have the loud music playing, extremely loud, heavy metal would be the most common one they used to use. Strobe lights which you find in discos, these would be flashing in your eyes constantly for two hours and at the same time someone would come and interrogate you – shout questions. There were dogs coming in barking right by your face. (Emphasis added.) The more we learn about the inhumane methods used on detainees in the Bush administration’s “War on Terror,” the greater the need for meaningful accountability for the torture and abuse of detainees in America’s name. To read the documents and take action demanding accountability for torture toady, head on over to our Accountability for Torture site.
Court Rules Government Can Continue to Suppress Detainee Statements Describing Torture and AbuseToday, a federal court ruled that the government can continue suppressing transcripts in which former CIA prisoners now held at Guantánamo Bay describe abuse and torture suffered in CIA custody. The ruling came in a Freedom of Information Act (FOIA) lawsuit we filed to obtain uncensored transcripts from Combatant Status Review Tribunals (CSRTs) used to determine if Guantánamo detainees qualify as "enemy combatants." Back in June, the CIA released heavily-redacted versions of the documents, but it continues to suppress major portions of the documents, including detainees' allegations of torture. In August, the government filed a motion arguing that it should be able to continue suppressing the documents because releasing them would reveal "intelligence sources and methods" and might aid enemy "propaganda." In today's ruling, the judge declined to review "in camera" the documents the government is withholding in order to determine if they should remain classified. Ben Wizner, staff attorney with the ACLU National Security Project, stated in a press release: The court's ruling allows the government to continue suppressing these first-hand accounts of torture – not to protect any legitimate national security interest, but to protect current and former government officials from accountability. While much is known about the Bush administration's torture program, the CIA continues to censor the most important eyewitnesses – the torture victims themselves. To learn more about the ACLU's CSRT FOIA visit: www.aclu.org/safefree/torture/csrtfoia.html
Reading the Record
BOMB Magazine’s blog has a great review of the evening’s program. They write: The evening began with brief opening remarks by K. Anthony Appiah, the President of Pen American Center, and Jameel Jaffer, the Director of the ACLU’s National Security Project, then moved into readings from declassified texts by prominent writers and artists as well as lawyers, a former military interrogator, and a former CIA agent. Readers included established literary heavyweights such as Don DeLillo, A.M. Holmes, Paul Auster, and Art Spiegelman as well as young writers of great acclaim such as Nell Freudenberger and Ishmael Beah. All of the readings were shocking for what they contained and how much remained classified and thus redacted. Eve Ensler’s vigorous reading of a speech delivered by President George W. Bush commemorating the United Nations Day in Support of Victims of Torture highlighted his administration’s hypocrisy; and Susana Moore’s compassionate delivery of a detainee’s response during a tribunal demonstrated how trumped up charges against some detainees were. To further support the baseless nature of numerous detentions and the scale of torture, never-before-seen video interviews with former wrongfully detained Guantanamo prisoners (a British national who moved to Kabul to open a school for girls, two childhood friends and British nationals that were detained while traveling in Afghanistan, a Libyan national and British resident who lost his right eye while being tortured) were interspersed between readings. In addition, a continuous loop of imagery by New York based artist Jenny Holzer in which altered, blotted out, and marked up handprints of detainees and American soldiers accused of crimes in Iraq played on three screens at the back of the stage. And constitutional law professor, and a featured reader at our event, David Cole, blogged about the event for the New York Review of Books, writing: The readings painted a chilling picture of a meticulously planned system of deliberate cruelty—devised by psychologists, sanctioned by lawyers, administered by contractors and CIA agents, overseen by doctors, and specifically authorized by members of Bush’s Cabinet. Indeed, it is in part because the system was administered by professionals that it is so well documented—but that of course makes it only more disturbing. Many of the texts read on Tuesday night were uncovered through our lawsuit for information about treatment of detainees in U.S. custody. Since 2004, we’ve been fighting under the Freedom of Information Act (FOIA) to unearth government documents that would show the origins and the scope of the Bush administration’s torture program. So far, that litigation has yielded more than 130,000 pages of government documents related to the rendition, detention and interrogation program. Collectively, these documents – some of which were read aloud on Tuesday night – make undeniably clear that prisoners were tortured, abused, and in some cases even killed in U.S. custody, and that those at the very highest levels of our government authorized, encouraged or tolerated the mistreatment. The United States has some reckoning to do. To restore the rule of law, we must condemn these violations of our Constitution, domestic and international law, and seek to hold accountable those who authorized the abuse and torture of prisoners in America’s name. We hope that the evening served as both an opportunity for profound reflection, and as a strong reminder that accountability for torture is a legal, political and moral imperative. You can view photos from our event on Tuesday online here. To learn more about accountability for torture, read the documents and to take action today, visit the ACLU’s Accountability for Torture site. |
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