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No Immunity for Torture, No Legal Whitewash

No Immunity for Torture, No Legal Whitewash

So this is the new America.

President Bush has now defended the cruel and humiliating treatment of detainees on national television.

Instead of accepting constitutional role of the judgment of the Supreme Court, he has proposed legislation that would retroactively legalize the sham military commissions that the Supreme Court has repudiated.

Bush wants legislation passed that would grant immunity from prosecution to administration officials who sanctioned (and possibly encouraged, codified, ordered) the use of torture and other cruel, inhuman and degrading treatment – and would keep the Federal courts from intervening!

Are you awake YET America? Does this sound like YOUR America?

My America doesn’t use or try to legitimize torture, and would never hide people in secret prisons.
My America is a beacon to the rest of the world on human rights and liberties.

Torture. Secrecy. Legal Whitewash.

This President wants to see a lot of new laws written, but not everyone is convinced he will succeed in that. After all, he needs Congress to rubberstamp write the laws and vote the laws into being.

Take a good look. The methods and policies of this administration are increasing the power and heft of terrorism. The war metaphor is itself destructive, and we’ve bound our adversaries together more sucessfully than they ever could have done themselves.

We’ve given away more of our own freedoms and rights than terrorists ever could have taken from us.

We have made a terrible mistake by allowing these people to take power.

America is better than this.

Write, call or e-mail your representatives to let them know that you do not approve of the sidestepping of the Supreme court, the use of torture and other violations of the Geneva conventions or the the secret CIA prisons.

Point out their own role in enabling all of this to have happened, and remind them of the upcoming election (we must assume for sanity’s sake that the elections will take place and that majorities will prevail).

Keep an eye out for actions to take, solutions to offer, discussions for participation. Write a letter to the editor. And please – VOTE in November. The republican campaigns budget is being invested in local smear campaigns and the like. Go to events. Ask about the issues. Participate in your democracy. Insist on public debate on issues of concern to you.

Without an informed and active citizenry, things will only get worse.

No CoverYerA Pro-Torture Legislation

No CoverYerA Pro-Torture Legislation

Ignoring the Supreme Court, the advice of top military lawyers, our nation’s laws, and the domestic and worldwide outcry against torture, the Bush Administration is aggressively fighting for the legal right to abuse detainees in U.S. custody.

This administration is currently polishing up an amendment to the War Crimes Act (Section 2441 of title 18 US Code) that would legally permit abusive interrogations. This would further undermine Common Article 3 in the Geneva Conventions, and try to evade the recent Hamdan v. Rumsfeld Supreme Court ruling. The amendment would not ban “outrages upon personal dignity, in particular humiliating and degrading treatment” (such as “waterboarding”), although such acts are specifically banned by the Geneva Conventions.

The White House also announced that the bill “will apply to any conduct by any U.S. personnel, whether committed before or after the law is enacted.” So, they want to grandfather in any previous criminal offenses – duh.

Passing this legislation would excuse the administration from current, past, or future criminal charges stemming from its treatment of prisoners in the “war against terror.” It looks to me as though it’s quite concerned with protecting its own policymakers from being prosecuted under the War Crimes Act. Yeah, I wonder why that would be.

The time-honored and (almost) universally-accepted Geneva Conventions help to protect our own troops. The Bush administration is not only willing to risk the lives of our soldiers – and further tarnish our reputation – so that it can engage in cruel and inhuman treatment with impugnity – but it also want to protect those who have authorized it from any accountability!

Outside of all the ethical and legal reasons to oppose torture (especially in our name), there is also the pragmatic reason not to torture: Expert interrogators have already said that good information comes not through torture, but rather by establishing relationships of trust. People who are tortured will say anything to make the torture stop. Read up on the Inquisitions. The Witch Hunts. Or something more recent. Take your pick. Torture doesn’t work.

Shall we go down as the first nation to retreat from the Geneva Conventions?
Shall we be known as the country who stood up to champion cruel and degrading treatment?

Is this what America has become? Is this what we stand for? Will Americans speak up?

The “good guys” don’t need to do this.

No more torture in America’s name!
No grandfathered protections for those who authorized it!

Tell the President to drop this bid to gain the legal right to abuse detainees. Tell him to respect our laws and the Geneva Conventions. (Human Rights First)

Read up on the issues. Then, please contact your representatives to tell them your views, and the position you would urge them to take on this matter.

Reading:

Not Just a Few Bad Apples

Not Just a Few Bad Apples

ACLU Reveals New Evidence that Government Knew Abuse was Widespread Before Abu Ghraib Photos –

OK, we knew that just by following the tracks of Bush’s legal team…

Still, here’s some more proof for you.

Torture is UnAmerican. Sign the petition.

Army Documents Show Senior Official Reportedly Pushed Limits on Detainee Interrogations (5/2/2006)

NEW YORK — New Army documents released by the American Civil Liberties Union today reveal that Lieutenant General Ricardo Sanchez ordered interrogators to “go to the outer limits” to get information from detainees. The documents also show that senior government officials were aware of abuse in Iraq and Afghanistan before the Abu Ghraib scandal broke.

“When our leaders allow and even encourage abuse at the ‘outer limits’, America suffers,” said Anthony D. Romero, ACLU Executive Director. “A nation that works to bring freedom and liberty to other parts of the world shouldn’t stomach brutality and inhumanity within its ranks. This abuse of power was engineered and accepted at the highest levels of our government.”

Among the documents released today by the ACLU is a May 19, 2004 Defense Intelligence Agency document implicating Sanchez in potentially abusive interrogation techniques. In the document, an officer in charge of a team of interrogators stated that there was a 35-page order spelling out the rules of engagement that interrogators were supposed to follow, and that they were encouraged to “go to the outer limits to get information from the detainees by people who wanted the information.” When asked to whom the officer was referring, the officer answered “LTG Sanchez.” The officer stated that the expectation coming from “Headquarters” was to break the detainees.

The ACLU also released an Information Paper entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” dated April 2, 2004, two weeks before the world saw the pictures of torture at Abu Ghraib prison. The paper outlined the status of 62 investigations of detainee abuse and detainee deaths. Cases include assaults, punching, kicking and beatings, mock executions, sexual assault of a female detainee, threatening to kill an Iraqi child to “send a message to other Iraqis,” stripping detainees, beating them and shocking them with a blasting device, throwing rocks at handcuffed Iraqi children, choking detainees with knots of their scarves and interrogations at gunpoint.

The ACLU said the document makes clear that while President Bush and other officials assured the world that what occurred at Abu Ghraib was the work of “a few bad apples,” the government knew that abuse was happening in numerous facilities in Iraq and Afghanistan. Of the 62 cases being investigated at the time, at least 26 involved detainee deaths. Some of the cases had already gone through a court-martial proceeding. The abuses went beyond Abu Ghraib, and touched Camp Cropper, Camp Bucca and other detention centers in Mosul, Samarra, Baghdad, Tikrit, as well as Orgun-E in Afghanistan.

“These documents are further proof that the abuse of detainees was widespread and systemic, and not aberrational,” said Amrit Singh, a staff attorney with the ACLU Immigrants’ Rights Project. “We know that senior officials endorsed this abuse, but these officials have yet to be held accountable.”

Last week, the government authenticated that two videos released by the Palm Beach Post in March 2005 were videos that the government was withholding from the ACLU’s Freedom of Information Act request. The videos are part of a set that has come to be known as the “Ramadi Madness” videos and were made by members of the West Palm Beach-based Bravo Company, 1st Battalion, 124th Infantry Regiment. The two scenes the government authenticated are called “See Haj Run” and “Blood Clot.” They depict scenes of urban battle and persons being captured and detained by U.S. forces.

Among the more than 9,000 pages of Defense Department documents made public by the ACLU today are several investigations detailing cruel and degrading treatment and killings. The investigations include:

  • An investigation into the death of a detainee at Forward Operating Base Rifles near Al Asad, Iraq established probable cause to believe that several soldiers assaulted a detainee and committed negligent homicide, and conspired to cover up the death. The detainee died when a soldier lifted him up from the floor by placing a baton under his chin, fracturing his hyoid bone. It appears that the soldiers received written letters of reprimand and counseling. The full document is online at www.aclu.org/projects/foiasearch/pdf/DOD049269.pdf
  • A heavily redacted e-mail dated May 25, 2004 shows that a presumed officer or civilian government official was told of three reports of abuse of detainees described as “probably true/valid.” One detainee was “in such poor physical shape from obvious beatings that [name redacted] asked the MP’s to note his condition before he proceeded with interrogation.” Another detainee was “in such bad shape … that he was laying down in his own feces.” These cases seem to have occurred in Abu Ghraib and Camp Cropper. The full document is online at www.aclu.org/projects/foiasearch/pdf/DODDIA000208.pdf
  • An investigation shows a doctor cleared a detainee for further interrogations, despite claims he had been beaten and shocked with a taser. The medic confirmed that the detainee’s injuries were consistent with his allegations, stating, “Everything he described he had on his body.” Yet, the medic cleared him for further interrogation, giving him Tylenol for the pain. There is no indication that the medic reported this abuse. The full document is online at www.aclu.org/projects/foiasearch/pdf/DOD052120.pdf

Today’s documents come in response to a Freedom of Information Act (FOIA) request filed by the ACLU, the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense and Veterans for Peace. The New York Civil Liberties Union is co-counsel in the case.

To date, more than 100,000 pages of government documents have been released detailing the torture and abuse of detainees. The ACLU recently launched a new powerful search engine for the public to access the documents at www.aclu.org/torturefoiasearch. The search engine allows people to uncover details about abuse that may not have been reported in the media, said the ACLU.

The FOIA lawsuit is being handled by Lawrence Lustberg and Megan Lewis of the New Jersey-based law firm Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C. Other attorneys in the case are Amrit Singh, Jameel Jaffer and Judy Rabinovitz of the ACLU; Arthur Eisenberg and Beth Haroules of the NYCLU; and Barbara Olshansky of the Center for Constitutional Rights.

The documents released today are available online at: action.aclu.org/torturefoia/released/050206/