<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>The Public Record &#187; Torture</title>
	<atom:link href="http://pubrecord.org/tag/torture/feed/" rel="self" type="application/rss+xml" />
	<link>http://pubrecord.org</link>
	<description>Intrepid New Journalism</description>
	<lastBuildDate>Fri, 19 Mar 2010 18:58:50 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9.2</generator>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
			<item>
		<title>John Yoo Celebrates Sunshine Week</title>
		<link>http://pubrecord.org/special-to-the-public-record/7234/john-celebrates-sunshine-week/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=john-celebrates-sunshine-week</link>
		<comments>http://pubrecord.org/special-to-the-public-record/7234/john-celebrates-sunshine-week/#comments</comments>
		<pubDate>Thu, 18 Mar 2010 20:20:35 +0000</pubDate>
		<dc:creator>David Swanson</dc:creator>
				<category><![CDATA[Special to The Public Record]]></category>
		<category><![CDATA[John Yoo]]></category>
		<category><![CDATA[sunshine week]]></category>
		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=7234</guid>
		<description><![CDATA[Sunshine Week, according to its website, is "a national initiative to open a dialogue about the importance of open government and freedom of information. The University of Virginia here in Charlottesville is doing its part by hosting book tour stops for the chief author of the worst secret laws ever established. John Yoo will be speaking at the Miller Center and at an event hosted by the Federalist Society. Yoo will be speaking in support of unlimited presidential power, including the power to create secret laws.]]></description>
			<content:encoded><![CDATA[<div id="attachment_6784" class="wp-caption alignleft" style="width: 310px"><a class="highslide" onclick="return vz.expand(this)" href="http://pubrecord.org/wordpress/wp-content/uploads/2010/02/john-Yoo.jpg"><img class="size-medium wp-image-6784" title="john Yoo" src="http://pubrecord.org/wordpress/wp-content/uploads/2010/02/john-Yoo-300x225.jpg" alt="" width="300" height="225" /></a><p class="wp-caption-text">Photo/Wikimedia</p></div>
<p>Sunshine Week, according to its <a href="http://www.sunshineweek.org/">website</a>,  is &#8220;a national initiative to open a dialogue about the importance of  open government and freedom of information. Participants include print,  broadcast and online news media, civic groups, libraries, nonprofits,  schools and others interested in the public&#8217;s right to know.&#8221;</p>
<p>The University of Virginia here in Charlottesville is doing its part  by hosting book tour stops for the chief author of the worst secret laws  ever established.  John Yoo will be speaking at the Miller Center and  at an event hosted by the Federalist Society.  Yoo will be speaking in  support of unlimited presidential power, including the power to create  secret laws.</p>
<p>When we think of government openness, we usually think in terms of  allowing the public to verify that the government is properly executing  the laws.  There are no provisions for allowing the public to request  access to know what the laws are, because laws are by definition public.   Unless, that is, the laws are memos written by people like John Yoo at  the request of a president.</p>
<p>Why would such memos be kept secret?  Because sometimes the purpose  of the memos is to legalize blatant crimes, to overturn actual laws with  secret laws &#8212; something a U.S. president does not have a  constitutional right to do, no matter whether it&#8217;s &#8220;wartime&#8221; or not.   News of presidential &#8220;laws&#8221; legalizing obvious crimes could stir up  concerns.  Better to keep them in reserve as a legal defense if needed.   In fact, Yoo wrote memos to legalize some crimes that had already  occurred.  But who was going to know which came first, the crime or the  &#8220;law&#8221;, as long as it all stayed secret?</p>
<p>Yoo legalized aggressive war at the whim of any president, brushing  aside the US Constitution, the War Powers Act, and the UN Charter,  creating a new (secret) law in their place.  Yoo legalized imprisoning  people without any due process, tossing out habeas corpus and half the  Bill of Rights.  He legalized warrantless spying and torture, in blatant  violation of real laws, public laws, laws passed by the legislative  branch of the government and placed in the US Code of Law.</p>
<p>Yoo used shoddy scholarship, amateurish lawyering, and absurd  reasoning to &#8220;legalize&#8221; just about whatever the president wanted  legalized.  Yoo explains now that he was hurried and pressured.  Yet he  does not retract any of his claims of presidential power.  In fact, Yoo  has made clear that he wants no limits whatsoever on presidential power.   A president, in Yoo&#8217;s view, can nuke a city if he is so inclined, and  another and another until the world is gone.  That&#8217;s his right.  So, of  course, he can spy without warrants, torture, and anything else he  likes, regardless of how many precedents the memos overlook or  misconstrue.</p>
<p>Bush might not have attacked Iraq without Yoo&#8217;s work to secretly  &#8220;legalize&#8221; that invasion.  A million Iraqis could still be alive if not  for what Yoo and his colleagues did.  And had the public been permitted  to see what they were doing, we would not have allowed it.</p>
<p>Friday will be Yoo&#8217;s second appearance at the Miller Center, which  claims they invite him to balance out those who speak against him.  Yet  the Miller Center has never, to my knowledge, invited a member of the  ANTI-war movement to speak.</p>
<p>On Friday Cindy Sheehan (Peace of the Action), Susan Harman (National  Accountability Network), Ray McGovern (Veteran Intelligence  Professionals for Sanity), Charlotte Dennett (Robert Jackson Steering  Committee), Mike Ferner and Ann Wright (Veterans for Peace), Debra Sweet  (World Can&#8217;t Wait), Shahid Buttar (Bill of Rights Defense Committee),  Nancy Mancias (CODE PINK: Women for Peace), Dahr Jamail (journalist),  and Mark Lane (attorney), will be leading an anti-war march and a rally  to protest John Yoo&#8217;s defiance of the rule of public law.  We think  we&#8217;ll be adding more to Sunshine Week than Yoo will.  Join us: <a title="http://hoosagainstyoo.org" href="http://hoosagainstyoo.org/">http://hoosagainstyoo.org</a></p>
<p><em>David Swanson is co-founder of <a onclick="javascript:pageTracker._trackPageview('/outbound/article/afterdowiningstreet.org');" href="http://afterdowiningstreet.org/">AfterDowningStreet.org</a> and author of the new book <em>Daybreak: Undoing the   Imperial    Presidency and Forming a More Perfect Union</em> by Seven Stories      Press. You can order it and find out when tour will be in your town by    visiting <a title="http://davidswanson.org/book" onclick="javascript:pageTracker._trackPageview('/outbound/article/davidswanson.org');" href="http://davidswanson.org/book">davidswanson.org/book</a>.</em>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Fspecial-to-the-public-record%2F7234%2Fjohn-celebrates-sunshine-week%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Fspecial-to-the-public-record%2F7234%2Fjohn-celebrates-sunshine-week%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/special-to-the-public-record/7234/john-celebrates-sunshine-week/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Republican Witch-Hunters Embrace Dictatorship</title>
		<link>http://pubrecord.org/law/7218/republican-witch-hunters-embrace/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=republican-witch-hunters-embrace</link>
		<comments>http://pubrecord.org/law/7218/republican-witch-hunters-embrace/#comments</comments>
		<pubDate>Tue, 16 Mar 2010 23:06:56 +0000</pubDate>
		<dc:creator>Andy Worthington</dc:creator>
				<category><![CDATA[Law]]></category>
		<category><![CDATA[al-qaeda 7]]></category>
		<category><![CDATA[Dick Cheney]]></category>
		<category><![CDATA[dictators]]></category>
		<category><![CDATA[Liz Cheney]]></category>
		<category><![CDATA[Torture]]></category>
		<category><![CDATA[war criminal]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=7218</guid>
		<description><![CDATA[Are there no depths to which the Republican Party will not sink in its unprincipled assaults on President Obama’s counter-terrorism policies? The latest unconstitutional monstrosity from the right’s lunatic fringe came courtesy of Keep America Safe, a toxic organization headed by Liz Cheney, the daughter of former Vice President Dick Cheney, who recently put out a disgraceful TV ad, “Who Are the Al-Qaeda Seven?” ]]></description>
			<content:encoded><![CDATA[<p><a class="highslide" onclick="return vz.expand(this)" href="http://pubrecord.org/wordpress/wp-content/uploads/2010/03/liz-cheney.jpg"><img class="alignleft size-medium wp-image-7219" title="liz cheney" src="http://pubrecord.org/wordpress/wp-content/uploads/2010/03/liz-cheney-300x180.jpg" alt="" width="300" height="180" /></a>Are there no depths to which the Republican Party will not sink in  its unprincipled assaults on President Obama’s counter-terrorism  policies? The latest unconstitutional monstrosity from the right’s  lunatic fringe came courtesy of Keep America Safe, a toxic organization  headed by Liz Cheney, the daughter of former Vice President Dick Cheney,  who recently put out a disgraceful TV ad, “Who Are the Al-Qaeda Seven?”</p>
<p>The ad questioned the loyalty and patriotism of nine lawyers in the  Justice Department lawyers who had represented prisoners at Guantánamo  before joining the DoJ. Cheney is joined on the board of Keep America  Safe by Bill Kristol and Debra Burlingame.</p>
<p>To be fair, Cheney’s ad has backfired badly, drawing the ire not only  of those on the left, but also of heavyweight conservatives, nineteen  of whom <a onclick="pageTracker._trackPageview('/outgoing/rawstory.com/2010/03/ken-starr-liz-cheneys-attack-doj-lawyers/?referer=');" href="http://rawstory.com/2010/03/ken-starr-liz-cheneys-attack-doj-lawyers/" target="_self">signed  a statement</a> last week denouncing it, declaring, “We consider these  attacks both unjust to the individuals in question and destructive of  any attempt to build lasting mechanisms for counterterrorism  adjudications,” and adding that the attacks on the lawyers “undermine  the Justice system more broadly,” by “delegitimizing” any system in  which accused terrorists have lawyers, whether that system is federal  court trials or Military Commissions.</p>
<p>Those who signed the statement included former Solicitor General Ken  Starr, former Deputy Attorney General Larry Thompson, former White House  lawyer Brad Berenson, John Bellinger, the former legal adviser to the  National Security Council and the State Department, and two former  detainee policy officials in the Bush administration, Matthew Waxman,  and Charles “Cully” Stimson, who, ironically, was himself <a onclick="pageTracker._trackPageview('/outgoing/www.washingtonpost.com/wp-dyn/content/article/2007/02/02/AR2007020201575.html?referer=');" href="http://www.washingtonpost.com/wp-dyn/content/article/2007/02/02/AR2007020201575.html" target="_self">forced  to resign</a> from the DoD in 2007 after starting a similar witch-hunt  against corporate law firms whose lawyers represented prisoners at  Guantánamo.</p>
<p>Interestingly, another former Bush official who signed the statement  is Daniel Dell’Orto, the Acting General Counsel for the DoD after <a href="http://www.andyworthington.co.uk/2008/02/27/guantanamos-shambolic-trials-pentagon-boss-resigns-ex-chief-prosecutor-joins-defense/" target="_self">the resignation of William J. Haynes</a> in 2008.  Dell’Orto was close to those who established the Bush administration’s  torture regime as the deputy to Haynes, who was <a href="http://www.andyworthington.co.uk/2010/02/23/torture-whitewash-how-professional-misconduct-became-poor-judgment-in-the-opr-report/" target="_self">one of Dick Cheney’s key “War Council” lawyers</a>,  along with David Addington, <a href="http://www.andyworthington.co.uk/2010/03/14/what-torture-is-and-why-its-illegal-and-not-poor-judgment/" target="_self">John Yoo</a>, Alberto Gonzales and Timothy Flanigan.</p>
<p>Further criticism came from the Conservative author and lawyer Paul  Mirengoff, who “contrast[ed] what Cheney is doing to the anti-communist  crusades launched by Sen. Joseph McCarthy,” as the <a onclick="pageTracker._trackPageview('/outgoing/www.huffingtonpost.com/2010/03/05/conservatives-turn-agains_n_487410.html?referer=');" href="http://www.huffingtonpost.com/2010/03/05/conservatives-turn-agains_n_487410.html" target="_self">Huffington  Post</a>’s Sam Stein explained, following a call to Mirengoff, and from  Peter D. Keisler, an Assistant Attorney General in the Bush  administration’s Justice Department, who told the <a onclick="pageTracker._trackPageview('/outgoing/thecaucus.blogs.nytimes.com/2010/03/04/bush-official-defends-lawyers-under-attack-for-detainee-work/?referer=');" href="http://thecaucus.blogs.nytimes.com/2010/03/04/bush-official-defends-lawyers-under-attack-for-detainee-work/" target="_self"><em>New  York Times</em></a> that it was “wrong” to attack the lawyers, and that  “There is a longstanding and very honorable tradition of lawyers  representing unpopular or controversial clients.”</p>
<p>Moreover, in the <a onclick="pageTracker._trackPageview('/outgoing/online.wsj.com/article/SB10001424052748703915204575104120092492594.html?referer=');" href="http://online.wsj.com/article/SB10001424052748703915204575104120092492594.html" target="_self"><em>Wall  Street Journal</em></a> on March 10, former Attorney General Michael  Mukasey wrote that Keep America Safe’s argument was “both shoddy and  dangerous.” Mukasey pointed out that “a lawyer who undertakes to  represent someone whom his neighbors — perhaps rightly — revile as a  threat to the public welfare is obligated to bring his talents to bear  just as forcefully in favor of that client as he would if he were  representing Capt. Alfred Dreyfus, the French artillery officer who in  1895 was found guilty of treason and sent to Devil’s Island for little  more than being Jewish.”</p>
<p>This is all very encouraging, of course, because the only people who  can legitimately complain that lawyers who worked on behalf of prisoners  at Guantánamo shouldn’t work for the Justice Department and are,  essentially, traitors to their country, are those who believe that time  should have stopped before the Supreme Court <a onclick="pageTracker._trackPageview('/outgoing/www.law.duke.edu/publiclaw/supremecourtonline/editedcases/rasvbus.html?referer=');" href="http://www.law.duke.edu/publiclaw/supremecourtonline/editedcases/rasvbus.html" target="_self">ruled  in June 2004</a> that the prisoners had habeas corpus rights; in other  words, the right to ask why they were being held.</p>
<p>The only reason that the Supreme Court made this decision was because  prisoners in Guantánamo who stated that they had been seized by mistake  had no way of challenging their detention. This was because the Bush  administration had created a legal black hole at Guantánamo, holding men  (and boys) neither as prisoners of war, protected by the Geneva  Conventions, nor as criminal suspects, to be put forward for federal  court trials on charges related to terrorism, but as “enemy combatants,”  a novel category of human being with no rights whatsoever.</p>
<p>Those who worked on the prisoners’ cases may have been doing so for  reasons that some Conservatives find distasteful, but the blunt truth is  that those who took on Guantánamo cases were — and still are — working  as part of a fully functioning civilized country that respects the rule  of law, and those who regard such actions as a sign of fraternizing with  the enemy are, if not just opportunistic leeches, playing the fear  card, the kind of deluded people that America can do without, apologists  for the dictatorial powers seized by President Bush that would have  been anathema to the Founding Fathers.</p>
<p>Sadly, however, much of the damage wrought by Liz Cheney and her  colleagues will never be undone. In a country where a large percentage  of the population is permanently whipped up into a frenzy regarding the  Obama administration’s response to terrorism by opportunistic  broadcasters and lawmakers, who have seized on national security issues  as a winning card in a relentlessly negative campaign, it’s probable  that many of the Conservative voices criticizing Liz Cheney will have  been ignored.</p>
<p>Even more worrying, however, is the fact that, despite this backlash  in defense of America’s foundation as a country based on the rule of  law, other Republican lawmakers continue to insist that they should be  dictating the Obama administration’s policies, even though their  proposals smack of the kind of hysterical overreaction that got us in  this mess in the first place.</p>
<p>President Obama <a href="http://www.andyworthington.co.uk/2009/05/21/my-message-to-obama-great-speech-but-no-military-commissions-and-no-preventive-detention/" target="_self">made a terrible mistake</a> last May when he accepted  calls to <a href="http://www.andyworthington.co.uk/2009/11/04/military-commissions-revived-dont-do-it-mr-president/" target="_self">revive the Military Commission</a> trial system for  Guantánamo prisoners, and also signaled his willingness to <a href="http://www.andyworthington.co.uk/2010/01/23/rubbing-salt-in-guantanamos-wounds-task-force-announces-indefinite-detention/" target="_self">continue holding other men</a> indefinitely without  charge or trial. A government driven more by principles and <a href="http://www.andyworthington.co.uk/2009/12/01/guantanamo-idealists-leave-obamas-sinking-ship/" target="_self">less by pragmatism</a> would have insisted, as Obama  suggested on taking office, that the only acceptable ways of dealing  with the prisoners was to put them forward for federal court trials, or  to release them.</p>
<p>This failure has given succor to those who are desperate to come up  with novel ways of dealing with terrorist suspects that would have been  far more difficult to launch had the administration acted more  decisively. When Attorney General Eric Holder <a href="http://www.andyworthington.co.uk/2009/11/18/the-logic-of-the-911-trials-the-madness-of-the-military-commissions/" target="_self">announced in November</a> that five men — including  Khalid Sheikh Mohammed — would face federal court trials for their  alleged involvement in the 9/11 attacks, he was following a course that  reflected the best of America’s legal traditions, and, as he recently  told Jane Mayer of the <a onclick="pageTracker._trackPageview('/outgoing/www.newyorker.com/reporting/2010/02/15/100215fa_fact_mayer?referer=');" href="http://www.newyorker.com/reporting/2010/02/15/100215fa_fact_mayer" target="_self"><em>New  Yorker</em></a>, “I don’t apologize for what I’ve done. History will  show that the decisions we’ve made are the right ones.”</p>
<p>Nevertheless, by also reviving the Military Commissions, the  administration allowed itself to be ambushed by critics who stirred up  opposition to the decision to hold federal court trials, which has led  to a ludicrous situation in which Sen. Lindsey Graham, in some unholy  alliance with Obama’s Chief of Staff, Rahm Emanuel (who “walked out” the  door whenever Guantánamo was mentioned, according to a source cited by  Mayer) has been <a onclick="pageTracker._trackPageview('/outgoing/www.salon.com/news/opinion/glenn_greenwald/2010/03/02/due_process/index.html?referer=');" href="http://www.salon.com/news/opinion/glenn_greenwald/2010/03/02/due_process/index.html" target="_self">pushing  Obama</a> to <a onclick="pageTracker._trackPageview('/outgoing/www.washingtonpost.com/wp-dyn/content/article/2010/03/04/AR2010030405209.html?referer=');" href="http://www.washingtonpost.com/wp-dyn/content/article/2010/03/04/AR2010030405209.html" target="_self">reconsider  the decision</a> to try the men in federal courts.</p>
<p>Sen. Graham is not the only one pushing at Obama’s self-inflicted  vulnerability on Guantánamo and related issues. Since the failed plane  bomber, Umar Farouk Abdulmutallab, was apprehended on Christmas Day,  countless critics have charged headfirst into the lawless space  inhabited by Liz Cheney and Keep America Safe, arguing that  Abdulmutallab should not have been interrogated by the FBI, read his  rights, and charged in a federal court, and, in some cases, arguing that  he should specifically have been <a onclick="pageTracker._trackPageview('/outgoing/mediamatters.org/mmtv/201001040051?referer=');" href="http://mediamatters.org/mmtv/201001040051" target="_self">waterboarded</a> and sent to Guantánamo.</p>
<p>This,  sadly, is no fringe activity reserved for lunatics, and just last week,  Sen. John McCain and Sen. Joe Lieberman introduced a bill, the “Enemy  Belligerent Interrogation, Detention and Prosecution Act of 2010” (<a onclick="pageTracker._trackPageview('/outgoing/assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf?referer=');" href="http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf" target="_self">PDF</a>),  in which they proposed to ban civilian trials for those designated by  the federal government as “unprivileged enemy belligerents.” The bill  defines an “unprivileged enemy belligerent” as “an individual who (a)  has engaged in hostilities against the United States or its coalition  partners; (b) has purposely and materially supported hostilities against  the United States or its coalition partners; or (c) was a part of  al-Qaeda at the time of capture,” meaning that it could easily extend to  anyone who allegedly supports hostilities against the US — including,  it would seem, American citizens.</p>
<p>Moreover, the bill proposes stripping these “unprivileged enemy  belligerents” of any of the legal rights usually afforded those accused  of crimes in the United States, proposing that they should be taken into  military custody for the purposes of interrogation and determination of  their status, with the possibility that, after interrogation and  determination of status, some might be designated as “high-level  detainees.” In addition, the bill proposes holding these men “for the  duration of hostilities,” and, if desired, putting them forward for  trials by Military Commission.</p>
<p>In a ludicrously overblown <a onclick="pageTracker._trackPageview('/outgoing/mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.FloorStatements_amp_ContentRecord_id=2af60f3a-05dc-cdf6-7dc9-6501a995c17c&amp;referer=');" href="http://mccain.senate.gov/public/index.cfm?FuseAction=PressOffice.FloorStatements&amp;ContentRecord_id=2af60f3a-05dc-cdf6-7dc9-6501a995c17c" target="_self">press  release</a>, Sen. McCain ignored all the evidence that Abdulmutallab’s  interrogation had provided useful information, stating that the primary  reason for introducing the legislation was “to ensure that the mistakes  made during the apprehension of the Christmas Day bomber, such as  reading him a Miranda warning, will never happen again and put  Americans’ security at risk.”</p>
<p>We are, I suppose, fortunate that Sen. McCain did not win the 2008  presidential election, as this bill so shockingly echoes almost every  vile innovation that the Bush administration established in its “War on  Terror.” However, it is depressing that, while Liz Cheney has provoked  some Republicans to remember that America already has laws for dealing  robustly and fairly with terrorist suspects as part of its criminal  justice system, other Republicans are still intent on undermining  history and America’s self-image by insisting that terrorists are  warriors, ignoring the Military Commissions’ <a href="http://www.andyworthington.co.uk/2009/08/08/david-frakt-military-commissions-a-catastrophic-failure/" target="_self">lamentable history</a> of dealing with terrorist  suspects, ignoring the federal courts’ <a onclick="pageTracker._trackPageview('/outgoing/www.humanrightsfirst.org/us_law/prosecute/?referer=');" href="http://www.humanrightsfirst.org/us_law/prosecute/" target="_self">successful  history</a> of dealing with those very cases, and, in the case of  Senators McCain and Lieberman, apparently believing that resuscitating  the darkest years of modern American history will serve any useful  purpose at all.</p>
<p>Like Liz Cheney, McCain and Lieberman seem to have forgotten that  dictators or those who support them, rather than elected officials who  are obliged to uphold the US Constitution, are the only people who  believe in holding people in arbitrary detention, neither as prisoners  of war nor as criminal suspects, but as “enemy combatants” — or in  2010’s remake, “unprivileged enemy belligerents” — who can be held  indefinitely, and interrogated in conditions that, when last tried out  in the wake of the 9/11 attacks, <a href="http://www.andyworthington.co.uk/2008/12/23/will-the-bush-administration-be-held-accountable-for-war-crimes/" target="_self">led inexorably to the torture</a> that John McCain used  to deplore.</p>
<p><em>This story was originally published on the website of the <a onclick="pageTracker._trackPageview('/outgoing/www.fff.org/comment/com1003e.asp?referer=');" href="http://www.fff.org/comment/com1003e.asp" target="_self">Future  of Freedom Foundation</a>.</em></p>
<p><em>Andy Worthington, a regular contributor to <a href="../../law/torture/law/torture/torture/torture/world/politics/world/law/law/torture/law/torture/law/law/law/law/law/nation/law/law/law/law/law/law/law/law/torture/world/world/commentary/torture/world/world/torture/law/world/law/torture/world/world/world/world/world/">The  Public Record</a>, is the author of <a onclick="javascript:pageTracker._trackPageview('/outbound/article/www.andyworthington.co.uk');" href="http://www.amazon.com/Guantanamo-Files-Stories-Detainees-Americas/dp/0745326641/ref=sr_1_1?ie=UTF8&amp;s=books&amp;qid=1252691570&amp;sr=8-1" target="_self"><em>The Guantánamo Files: The Stories of the 774  Detainees in America’s Illegal Prison</em></a> and the </em><em><a onclick="javascript:pageTracker._trackPageview('/outbound/article/www.andyworthington.co.uk');" href="http://www.andyworthington.co.uk/2009/03/03/guantanamo-the-definitive-prisoner-list/" target="_self">definitive Guantánamo prisoner list</a>, published in  March 2009.</em><em> He maintains a blog at <a onclick="javascript:pageTracker._trackPageview('/outbound/article/andyworthington.co.uk');" href="http://andyworthington.co.uk/">andyworthington.co.uk</a>.</em>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Flaw%2F7218%2Frepublican-witch-hunters-embrace%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Flaw%2F7218%2Frepublican-witch-hunters-embrace%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/law/7218/republican-witch-hunters-embrace/feed/</wfw:commentRss>
		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>UK/US Asylum Seekers Find Death, Abuse, and Criminal Indifference</title>
		<link>http://pubrecord.org/torture/7202/ukus-asylum-seekers-death-abuse/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=ukus-asylum-seekers-death-abuse</link>
		<comments>http://pubrecord.org/torture/7202/ukus-asylum-seekers-death-abuse/#comments</comments>
		<pubDate>Mon, 15 Mar 2010 03:24:26 +0000</pubDate>
		<dc:creator>Jeffrey Kaye</dc:creator>
				<category><![CDATA[Torture]]></category>
		<category><![CDATA[abuse]]></category>
		<category><![CDATA[asylum seekers]]></category>
		<category><![CDATA[UK Border agency]]></category>
		<category><![CDATA[UK immigration]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=7202</guid>
		<description><![CDATA[An article in the March 14 UK Observer reports that United Kingdom's asylum immigration system is systematically denying claims of torture by asylum applicants, despite ample medical evidence by applicants of torture in their home countries. Since 2001, many asylum applicants have been sent to prison, with murderers and rapists, despite the fact they have never broken any law, making Britain the only European Union country to have such a practice.]]></description>
			<content:encoded><![CDATA[<div>
<div><a class="highslide" onclick="return vz.expand(this)" href="http://pubrecord.org/wordpress/wp-content/uploads/2010/03/UK_Asylum.jpg"><img class="alignleft size-medium wp-image-7203" title="UK_Asylum" src="http://pubrecord.org/wordpress/wp-content/uploads/2010/03/UK_Asylum-300x180.jpg" alt="" width="300" height="180" /></a></div>
<div><em>Editor&#8217;s note: Please see correction/update at the end of this report. </em></div>
<div>An article in the March 14 <a href="http://www.guardian.co.uk/uk/2010/mar/14/asylum-torture-evidence-ignored" target="_blank">UK Observer</a> reports that United Kingdom&#8217;s asylum immigration system is  systematically denying claims of torture by asylum applicants, despite  ample medical evidence by applicants of torture in their home countries.  Since 2001, many asylum applicants have been <a href="http://www.guardian.co.uk/uk/2001/jul/12/immigration.immigrationandpublicservices" target="_blank">sent to prison</a>, with murderers and rapists, despite the fact  they have never broken any law, making Britain the only European Union  country to have such a practice.</p>
<blockquote><p>Sonya Sceats, a  spokeswoman for one charity that carries out medical assessments for the  government, told the Observer: &#8220;It&#8217;s very clear there is a systemic and  increasing problem here. The corollary of their dismissal of  independent medical evidence is that the protection [asylum] claim is  invariably rejected and this means a survivor of torture is at risk of  being returned to further torture or at risk of detention.&#8221;</p>
<p>The allegations come in the wake of strong criticism last week of  the UK Border Agency, which was condemned for failing to investigate  claims of mistreatment by failed asylum seekers in abuse allegations up  to July 2008. Ministers now plan to review the use of force against  asylum seekers by British security guards after a Border Agency report  on abuse conceded that serious injuries were suffered by detainees who  had been handcuffed or physically restrained.</p></blockquote>
<p>Such claims of mistreatment by asylum  applicants, imprisoned by the British government, despite proof of  torture, include a Zimbabwean woman, currently on hunger strike at  Yarl&#8217;s Wood detention center, Bedfordshire, who had been raped and  beaten in Zimbabwe, and still bears copious scars of the multiple  stabbings on both arms. She also alleges racist abuse by the British  prison guards. A Congolese woman, who also had suffered multiple rapes  and beatings in her home country, &#8220;claimed to have suffered &#8220;medical  abuse&#8221; and had anxiety attacks after witnessing a naked woman dragged  from her room in Yarl&#8217;s Wood by private security guards, claims robustly  denied by the Home Office.&#8221;</p>
<blockquote><p>&#8220;Everybody was  shocked,&#8221; she said. &#8220;She had no clothes on and she was photographed. I  still get flashbacks.&#8221;</p></blockquote>
<p>The story follows a <a href="http://www.guardian.co.uk/uk/2010/mar/07/three-killed-suspected-suicide-flats-glasgow" target="_blank">UK Guardian report</a> from last week, when three Kosovo nationals  leaped to their deaths from a Glascow apartment building. The Kosovoan  nationals &#8212; two men and one woman &#8212; were asylum applicants who had  their claims of asylum rejected from the UK government.</p>
<p>The level of desperation, as well as abuse, suffered by UK asylum  seekers was<a href="http://www.irr.org.uk/2006/september/ha000013.html" target="_blank">documented</a> in an Institute of Race Relations (IRR) report in September  2006,<a href="http://www.irr.org.uk/pdf/Driventodesperatemeasures.pdf" target="_blank">Driven to Desperate Measures</a> (PDF).</p>
<blockquote><p>THE IRR has  catalogued a roll call of death of the 221 asylum seekers and migrants  who have died either in the UK or attempting to reach the UK in the past  seventeen years.*</p>
<p>97 died taking dangerous and highly risky methods to enter the  country. With legal barriers in place to prevent them securing visas or  work permits to enter legally and sanctions applying to above-board  carriers, the desperate stow away on planes and lorries or attempt to  cross the channel in makeshift boats or cling to trains. The number  recorded here is probably only a fraction of those who have died in this  way. Our figures rely on news reports and by virtue of the subject  matter these deaths are not news.</p>
<p>70 died as an indirect consequence of the iniquities of the  immigration/asylum system &#8211; either by taking their own lives when claims  were not allowed, or by meeting accidental deaths evading deportation,  or during the deportation itself, or by being prevented medical care,  through becoming destitute in the UK.</p>
<p>Of these:</p>
<p>- 57 died at their own hand, preferring this to  being returned to the country they fled, when asylum claims were turned  down. And compounding the process is the fact that some of those in  detention and known to be traumatised and particularly vulnerable appear  not to have been provided with the medical (especially psychiatric)  support they needed.</p>
<p>- 4 died accidentally as, in terror at what they presumed to be the  arrival of deportation officials, they took evasive action.</p>
<p>- 1  person died during the deportation process itself, when she was  asphyxiated as officers used 13 feet of tape to subdue and quieten her.</p>
<p>- 2 people died after being deported back to a country where they  feared for their safety. The actual number is certainly far higher.</p>
<p>-  5 people died because of being denied healthcare for preventable  medical problems.</p>
<p>- 1 person died destitute and unable to access services.</p>
<p>4  died in prison, police or psychiatric custody, where racist stereotypes  appeared to induce the use of reckless control and restraint methods or  where there appeared to be medical neglect.</p>
<p>32 died in the course of carrying out work, which, by virtue of its  being part of the &#8216;black economy&#8217; carried particular dangers and few  protective rights. (The numbers listed here are probably a gross  underestimate, as work-related deaths of people who are &#8216;illegal&#8217; will  often go unreported in the media.)</p>
<p>18 died on the streets of our cities at the hands of racists or as a  consequence of altercations with a racial dimension. Often the victims  had been moved, via the government&#8217;s dispersal system, to areas where  they were particularly isolated and vulnerable to attack.</p></blockquote>
<p>Great Britain is not alone in treating  asylum seekers with injustice. In the United States, the selection of  the administrative judges who rule on asylum cases has been politicized,  with dire results. In a Stanford Law Review article a few years back, <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=983946" target="_blank">&#8220;Refugee Roulette: Disparities in Asylum  Adjudication&#8221;</a>, after studying  hundreds of thousands of asylum cases decided by asylum officers,  immigration judges, the Board of Immigration Appeal and the U.S. Courts  of Appeal, the study found &#8220;significant disparities in grant rates, even  when different adjudicators in the same office each considered large  numbers of applications from nationals of the same country.&#8221;</p>
<p>As in the UK, not much has changed in the United States as well,  with over a quarter of all immigration judges appointed during the  Bush-Cheney years. But even before that, a <a href="http://web.archive.org/web/20001109090400/http://www.shusterman.com/rankings.html" target="_blank">San Jose Mercury News</a> investigation in 2000 found vast disparities  in the way asylum applicants were treated by the system. As a report by <a href="http://www.visalaw.com/00oct3/15oct300.html" target="_blank">VisaLaw</a> explained  it:</p>
<blockquote><p>The study&#8230; reveals  what many instinctively knew about the asylum process – that whether a  person is granted asylum depends less on the merits of the person’s case  and more on the judge before whom they present their case. The paper  examined 176,465 cases that came before the 219 Immigration Judges  between 1995 and 1999.</p>
<p>Some judges granted asylum in half of the cases they heard, while  other judges granted asylum in less than two percent of cases. Some  judges even routinely deny asylum to applicants from countries such as  Bosnia and Somalia, where conditions mean that most applicants are  granted asylum.</p></blockquote>
<div><strong>Situation Scandalous in the  United States</strong></div>
<p>Of course, like Great Britain, the United  States imprisons some of their asylum applicants, many of them torture  victims, in public and private prisons throughout the country.  Approximately 50,000 asylum seekers were placed in penal detention in  the United States from 2003 to 2009. Detention retraumatizes the  tortured, and prevents the asylum applicant from making a proper case  for their claims. As a <a href="http://www.humanrightsfirst.org/pdf/090429-RP-hrf-asylum-detention-report.pdf" target="_blank">Human Rights First study</a> (PDF) in 2009 explained it:</p>
<blockquote><p>Six years after DHS  and its interior immigration enforcement component, U.S. Immigration and  Customs Enforcement (known as “ICE”) took over responsibility for  immigration detention, the U.S. system for detaining asylum seekers is  more flawed than ever&#8230;. In 2007 alone, more than 10,000 asylum seekers  were newly detained in the United States. They are held in facilities  that are actual jails or are operated like jails. They are often brought  in handcuffs and sometimes shackles to these facilities, where they  wear prison uniforms, are guarded by officers in prison attire, visit  with family and friends only through glass barriers, and have  essentially no freedom of movement within the facilities. The cost of  detaining these asylum seekers over the past six years has exceeded $300  million. During that time, ICE parole policies have become more  restrictive, and parole rates for asylum seekers dropped from 41.3  percent in 2004 to 4.2 percent in 2007. ICE has not provided  Congressionally-mandated statistics—detailing the number of asylum  seekers detained, the length of their detention, and the rates of their  release—in a timely or complete manner. The U.S. detention system for  asylum seekers, which lacks crucial safeguards, is inconsistent with  international refugee protection and human rights standards.</p></blockquote>
<p>Those who flee torture, rape, and  political or social persecution and seek protection in another country  are among the most vulnerable population on the planet. The HRF report  in particular documents the punitive policy of ICE towards torture  victims:</p>
<blockquote><p>Previously, it was  ICE policy to “favor release of aliens who have been granted protection  by an immigration judge” when the decision was being appealed by the  government. However, the new parole directive issued by ICE in November  2007 rescinded prior parole guidelines— including this guidance.</p>
<p>Even when ICE is not appealing an immigration judge’s ruling, some  refugees and other immigrants who have been found eligible for other  forms of protection have been detained for several additional months.  For example, some individuals who were granted relief under the  Convention Against Torture—because they had shown that they were more  likely than not to be victims of torture if returned to their home  countries—were detained by ICE for an additional 90 days even after the  judge granted them relief. Attorneys in Arizona, Florida, Illinois,  Michigan, and Minnesota report that this is “often” the case in their  areas. In Arizona and Florida, individuals who were determined by the  U.S. to be “refugees” and were granted “withholding of removal”—and who  therefore cannot be returned to the country in which they fear  persecution— have also sometimes been detained for up to an additional  90 days.</p></blockquote>
<p>Meanwhile, over 90 immigration detainees  have died since ICE took over administration of the system in 2003, at  least a dozen of them suicides.</p>
<p>Something is very wrong with a  country when it treats its least powerful, most vulnerable members in  such a disgraceful way. But what we hear from politicians in the UK and  the United States is more often jingoistic and racist invective against  &#8220;immigrants&#8221;, and the population as a whole either turns away from this  issue, poisoned with prejudice, or simply are ignorant of the stories of  these individuals who live in their midst, but are hardly ever  reported.</p>
<p>As a conclusion, I ask readers to consider just two stories from the  HRF report, describing this terrible tragedy enacted every day by the  U.S. government:</p>
<blockquote><p>A  Colombian refugee, who had been jailed, beaten, and tortured for  participating in a political demonstration in Colombia, was detained in a  U.S. immigration jail in Arizona for 14 months, including for over  eight months after an Immigration Judge had ruled that he was eligible  for asylum. The ICE attorney who had argued against the refugee’s asylum  request appealed the judge’s decision to the Board of Immigration  Appeals. ICE refused to release the asylum seeker while the appeal was  pending. ICE denied his request for parole, even though the man had both  a U.S. citizen daughter and a U.S. citizen father. He was finally  released after eight additional months in detention, over two weeks  after the Board of Immigration Appeals affirmed the judge’s decision  granting him asylum.</p>
<p>* * * *</p>
<p>A Sri Lankan fisherman, who was a victim of  kidnapping by the Liberation Tigers of Tamil Eelam (LTTE), was detained  for 30 months in the United States while ICE opposed his request for  asylum on the ground that his payment of his ransom consisted “material  support” to the armed group. When he was finally released from detention  pending a decision by the Board of Immigration Appeals, he was placed  into a restrictive supervision program. He was fitted with an ankle  bracelet and initially required to report on a monthly basis.  Eventually, this was reduced to in-person reporting every six months.  After nearly two years of compliance with all reporting requirements,  following his 30 months of detention, the fisherman is still required to  wear a large ankle bracelet and is subject to home visits.</p></blockquote>
</div>
<p><em><strong>Correction/Update</strong></em>: This story reported that the suicides of three individuals in Glasgow were Kosovo nationals. Later reports have identified the individuals who died in the leap off the 15th story of an apartment building as Serguei Serykh, 43, his wife Tatiana and Mr. Serykh&#8217;s adult stepson. A <a href="     Correction/Update:     This story reported that the suicides of three individuals in Glasgow were Kosovo nationals. Later reports have identified the individuals who died in the leap off the 15th story of an apartment building as Serguei Serykh, 43, his wife Tatiana and Mr. Serykh's adult stepson. A BBC story on March 13 said the family had previously been granted political asylum in Canada, but had left after an some kind of dispute with authorities there. They had recently been denied an application for asylum in the UK, and on the day they died had received a letter that they would lose their apartment, although no order for removal had yet been filed. Extrapolating from a Globe and Mail report on March 10, it appears possible that Mr. Serykh suffered from a serious mental illness. ">BBC story</a> on March 13 said the family had previously been granted political asylum in Canada, but had left after an some kind of dispute with authorities there. They had recently been denied an application for asylum in the UK, and on the day they died had received a letter that they would lose their apartment, although no order for removal had yet been filed. Extrapolating from a <a href="http://www.theglobeandmail.com/news/world/europe/convinced-canada-was-dangerous-russian-family-commits-suicide/article1495780/">Globe and Mail report</a> on March 10, it appears possible that Mr. Serykh suffered from a serious mental illness.</p>
<p>The suicides of  these desperate individuals have brought  organized protests in  Scotland, with marchers calling for an end to the &#8220;enforced removal of  refugee  families,&#8221; according to the BBC report. A later article by the <a href="http://www.guardian.co.uk/uk/2010/mar/12/red-road-deaths-russian-asylum-seekers" target="_blank">UK Guardian</a> quotes the director of the Glasgow   charity Positive Action in Housing, Robina Qureshi, as saying the  family&#8217;s death could not be attributed to  psychological issues, but UK  asylum policy. &#8220;The Serykhs were considered  credible in <span style="color: #000000;">Canada,&#8221; Qureshi said.</span> &#8220;Shouldn&#8217;t  that be good  enough for us? They were going to be out on the street,  destitute. What  would that do to your mental state?&#8221;</p>
<p><em>Jeffrey Kaye is a psychologist living in Northern California who writes  regularly on torture and other subjects for <a href="http://www.pubrecord.org/">The Public Record,</a> <a href="http://www.truthout.org">Truthout</a> and <a onclick="javascript:pageTracker._trackPageview('/outbound/article/www.firedoglake.com');" href="http://www.firedoglake.com/" target="_blank">Firedoglake</a>. He also maintains a personal blog, <a onclick="javascript:pageTracker._trackPageview('/outbound/article/www.valtinsblog.blogspot.com');" href="http://www.valtinsblog.blogspot.com/" target="_blank">Invictus</a>. His email address is sfpsych at gmail dot  com</em></p>
</div>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Ftorture%2F7202%2Fukus-asylum-seekers-death-abuse%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Ftorture%2F7202%2Fukus-asylum-seekers-death-abuse%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/torture/7202/ukus-asylum-seekers-death-abuse/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
		</item>
		<item>
		<title>CIA&#8217;s European Secrets: Black Site Prisons Investigated</title>
		<link>http://pubrecord.org/multimedia/7199/cias-european-secrets-black-prisons/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=cias-european-secrets-black-prisons</link>
		<comments>http://pubrecord.org/multimedia/7199/cias-european-secrets-black-prisons/#comments</comments>
		<pubDate>Mon, 15 Mar 2010 00:11:37 +0000</pubDate>
		<dc:creator>The Public Record</dc:creator>
				<category><![CDATA[TPRvideo]]></category>
		<category><![CDATA[CIA black site prisons]]></category>
		<category><![CDATA[lithuania]]></category>
		<category><![CDATA[Poland]]></category>
		<category><![CDATA[rendition]]></category>
		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=7199</guid>
		<description><![CDATA[A vast network of covert CIA facilities appears to be everywhere   in the Middle East, North Africa and Eastern Europe. CIA secret prisons  were reported to be operating in Poland and Lithuania, and the  controversy over this news has divided Europe and triggered a political  crisis in several countries. Are [...]]]></description>
			<content:encoded><![CDATA[<p>A vast network of covert CIA facilities appears to be everywhere   in the Middle East, North Africa and Eastern Europe. CIA secret prisons  were reported to be operating in Poland and Lithuania, and the  controversy over this news has divided Europe and triggered a political  crisis in several countries. Are the allegations true?
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Fmultimedia%2F7199%2Fcias-european-secrets-black-prisons%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Fmultimedia%2F7199%2Fcias-european-secrets-black-prisons%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/multimedia/7199/cias-european-secrets-black-prisons/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Jay Bybee Questioned As Prelude to Prosecution</title>
		<link>http://pubrecord.org/special-to-the-public-record/7112/bybee-questioned-prelude-prosecution/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=bybee-questioned-prelude-prosecution</link>
		<comments>http://pubrecord.org/special-to-the-public-record/7112/bybee-questioned-prelude-prosecution/#comments</comments>
		<pubDate>Thu, 04 Mar 2010 23:27:43 +0000</pubDate>
		<dc:creator>David Swanson</dc:creator>
				<category><![CDATA[Special to The Public Record]]></category>
		<category><![CDATA[Impeachment]]></category>
		<category><![CDATA[Jay Bybee]]></category>
		<category><![CDATA[Office of Professional Responsibility]]></category>
		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=7112</guid>
		<description><![CDATA["Yesterday Jay Bybee sat with the 9th Circuit as they modeled appellate court for 140 law students at the University of NV's law school in Las Vegas. I sent out a plea to PDA's Vegas list of edresses, and about 10 people responded. Of them, two showed up with signs and we handed out Impeach Bybee postcards and talked with the law students as they waited to get through security to go inside. I was appalled at their ignorance and/or lack of outrage. Two older students said he was a friend (he lives in Henderson, just outside Vegas), and a young one said his parents were friends of Bybee.]]></description>
			<content:encoded><![CDATA[<p>Susan Harman, who by now deserves some kind of medal and who will be joining in a <a rel="nofollow" href="http://hoosagainstyoo.org/">protest of John Yoo on March 19th</a>, questioned Jay Bybee yesterday about his crimes.  Here&#8217;s her report:</p>
<blockquote><p>&#8220;Yesterday Jay Bybee sat with the 9th Circuit as they modeled appellate court for 140 law students at the University of NV&#8217;s law school in Las Vegas. I sent out a plea to [Progressive Democrats of America's] Vegas list of edresses, and about 10 people responded. Of them, two showed up with signs and we handed out <a rel="nofollow" href="http://impeachbybee.org/">Impeach Bybee postcards</a> and talked with the law students as they waited to get through security to go inside. I was appalled at their ignorance and/or lack of outrage. Two older students said he was a friend (he lives in Henderson, just outside Vegas), and a young one said his parents were friends of Bybee.</p>
<p>&#8220;We finally got inside, and listened quietly to the cases, as usual. We were ready to speak out at the end, but instead they announced they would hold a Q&amp;A for the students. We moved down to the second row, and I asked the first question:</p>
<p>&#8216;Mr. Bybee, given the new information that&#8217;s come out in the Office of Professional Responsibility Report, and the information in the missing emails, which we will surely find, what will your defense be to prosecution of conspiracy to commit the felonies of aggressive war and torture?&#8217;</p>
<p>&#8216;I&#8217;m not answering that.&#8217;</p>
<p>&#8216;Oh. Well.&#8217;</p>
<p>&#8220;Another activist, there for an unpleasant immigration case, asked something about the memos from the back, and Bybee gave the same cool, stolid non-answer.</p>
<p>&#8220;I would have sat quietly, but the students were asking idiotic questions, like &#8216;How should we refer to our clients when addressing judges?&#8217;</p>
<p>&#8220;Finally one asked about career options in a shrinking economy. The three judges gave good answers (&#8216;my first case in front of the Supremes was pro bono &#8211; do pro bono work for experience&#8217;), and when they were done I turned and said, &#8216;And if you&#8217;re willing to break the law, you might wind up a 9th Circuit judge.&#8217; Then the very patient and polite marshals decided enough was enough, and asked us to leave.</p>
<p>&#8220;Tyler, an iron worker, gave me a unique tour of the Strip, pointing out buildings he&#8217;d worked on (and hadn&#8217;t fallen from), some of which are sitting, unfinished hulks, when the money simply ran out.</p>
<p>&#8220;I think we have the possibility of getting some activists together in Vegas!&#8221;</p></blockquote>
<p><em>David Swanson is co-founder of <a onclick="javascript:pageTracker._trackPageview('/outbound/article/afterdowiningstreet.org');" href="http://afterdowiningstreet.org/">AfterDowningStreet.org</a> and author of the new book <em>Daybreak: Undoing the   Imperial Presidency and Forming a More Perfect Union</em> by Seven Stories   Press. You can order it and find out when tour will be in your town by visiting <a title="http://davidswanson.org/book" onclick="javascript:pageTracker._trackPageview('/outbound/article/davidswanson.org');" href="http://davidswanson.org/book">davidswanson.org/book</a>.</em>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Fspecial-to-the-public-record%2F7112%2Fbybee-questioned-prelude-prosecution%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Fspecial-to-the-public-record%2F7112%2Fbybee-questioned-prelude-prosecution%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/special-to-the-public-record/7112/bybee-questioned-prelude-prosecution/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Women Dying and Torture Run Amuck In Afghanistan</title>
		<link>http://pubrecord.org/torture/6706/women-dying-torture-amuck-afghanistan/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=women-dying-torture-amuck-afghanistan</link>
		<comments>http://pubrecord.org/torture/6706/women-dying-torture-amuck-afghanistan/#comments</comments>
		<pubDate>Sun, 24 Jan 2010 23:57:06 +0000</pubDate>
		<dc:creator>Jeffrey Kaye</dc:creator>
				<category><![CDATA[Torture]]></category>
		<category><![CDATA[Afghanistan]]></category>
		<category><![CDATA[Canada]]></category>
		<category><![CDATA[human rights]]></category>
		<category><![CDATA[Karzai]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[self-immolation]]></category>
		<category><![CDATA[war]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=6706</guid>
		<description><![CDATA[Two reports coming out of Afghanistan illustrate the depth of hypocrisy and subterfuge characterizing the US/NATO intervention in that country. One could cite a myriad of such examples, so immoral and wrong is the US war there. In the first report, a 2009 human rights assessment prepared by Canada's Foreign Affairs Department, obtained by The Canadian Press and reported at CBC News, revealed a skyrocketing suicide rate among Afghan women:]]></description>
			<content:encoded><![CDATA[<div id="attachment_6707" class="wp-caption alignleft" style="width: 248px"><a class="highslide" onclick="return vz.expand(this)" href="http://pubrecord.org/wordpress/wp-content/uploads/2010/01/afghanistan.jpg"><img class="size-full wp-image-6707" title="afghanistan" src="http://pubrecord.org/wordpress/wp-content/uploads/2010/01/afghanistan.jpg" alt="" width="238" height="275" /></a><p class="wp-caption-text">Photo: isafmedia / Flickr</p></div>
<p><em>This report was <strong><a href="http://www.truthout.org/afghanistan-women-dying-and-torture-run-amuck56185">originally published</a></strong> on <strong><a href="http://truthout.org">Truthout.org</a></strong>.</em></p>
<p>Two reports coming out of Afghanistan illustrate the depth of hypocrisy and subterfuge characterizing the US/NATO intervention in that country. One could cite a myriad of such examples, so immoral and wrong as the US war there.</p>
<p>In the first report, a 2009 human rights assessment prepared by Canada&#8217;s Foreign Affairs Department, obtained by The Canadian Press and reported at <a href="http://www.cbc.ca/world/story/2010/01/07/afghanistan-women-brutality-violence-report.html" target="_blank">CBC News</a>, revealed a skyrocketing suicide rate among Afghan women:</p>
<blockquote><p>&#8220;Self-immolation is being used by increasing numbers of Afghan women to escape their dire circumstances and women constitute the majority of Afghan suicides,&#8221; said the report, completed in November 2009&#8230;.</p>
<p>The director of a burn unit at a hospital in the relatively peaceful province of Herat reported that in 2008 more than 80 women attempted suicide by setting themselves on fire, many of them in the early 20s.</p></blockquote>
<p>It&#8217;s not as if the plight of Afghan women under the US-backed Karzai government hasn&#8217;t gotten some attention. The Afghanistan Independent Human Rights Commission (AIHRC) <a href="http://www.rawa.org/temp/runews/2008/09/09/self-immolation-on-the-rise-among-women_0987.html" target="_blank">recorded</a> 184 cases of self-immolation by Afghani women in 2007, versus 106 in 2006. In Herat alone, in the first six months of 2008, 47 women, desperate from an escape from a life of domestic servitude, violence, rape, injustice, and other crimes, set themselves on fire and ended up in the emergency room of the local hospital. Ninety percent died from their serious burns.</p>
<blockquote><p>The police and judiciary do not launch any formal investigations to determine the causes and motivations of suicide and self-burning by women, according to the AIHRC.</p>
<p>As a result, men who force and provoke women to self-immolation and other forms of suicide remain immune from all legal and penal repercussions.</p></blockquote>
<p>To delve into the statistics only reveals a more doleful picture: almost 90 percent (!) of Afghan women have been victims of violence, 60 percent of all marriages are forced. The US-backed regime has made some token moves to assist women, such as creating police task forces staffed by women officers. But the female officers aren&#8217;t allowed to do any outreach. Meanwhile, Afghan President Hamid Karzai infamously supported a law that allows for spousal rape. (Afghanistan is not alone in this, however, as <a href="http://leilahussein.blogspot.com/2009/08/bahrain-offers-women-no-protection-from.html" target="_blank">Bahrain, too</a>, &#8220;offers women no protection from spousal rape.&#8221;)</p>
<p><strong>US/NATO-Backed Afghan Regime Practices Torture</strong></p>
<p>As the US plans to <a href="http://www1.voanews.com/english/news/asia/Afghanistan-to-Take-Over-Bagram-Prison-81068702.html" target="_blank">transfer administrative control</a> of its Bagram detention facility to the Afghanistan government, a separate scandal links the Afghan government to the torture and murder of a prisoner in its custody. According to a <a href="http://news.therecord.com/article/648831" target="_blank">report</a> by Human Rights Watch (HRW), Afghan citizen Abdul Basir was tortured while in custody of Afghani security forces last December, and killed when he was pushed or thrown out a window. His family was told he committed suicide. But HRW has <a href="http://www.hrw.org/en/news/2009/12/21/afghanistan-investigate-death-custody" target="_blank">posted pictures</a> of the tortured marks on Basir&#8217;s body.</p>
<p>It wasn&#8217;t easy to try and get an investigation of Basir&#8217;s death in Afghanistan &#8211; from this brave new government (&#8220;elected&#8221; by <a href="http://www.acus.org/new_atlanticist/galbraith-fired-refused-hide-afghanistan-election-fraud" target="_blank">massive fraud</a>) that has guaranteed justice and due process to the Bagram prisoners, once they get their hands on them. According to <a href="http://www.hrw.org/en/news/2009/12/21/afghanistan-investigate-death-custody" target="_blank">HRW&#8217;s report</a> on Basir&#8217;s death:</p>
<blockquote><p>An NDS official told family members that Basir&#8217;s father, Zalmai, signed a statement confirming that Basir had committed suicide and that an autopsy was not required. The family told Human Rights Watch that NDS officials told them that if they buried the body, Basir&#8217;s brothers and father would be released.</p>
<p>However, concerned that the marks on Basir&#8217;s body may have been signs of torture, the family took the body to the Forensic Department of the Health Ministry where an autopsy was carried out. The findings have not been made public. The family reported that security agency officials later came to the house where the body was held and gave them a message to bury the body. When the family tried to take the body to parliament, they said, agency vehicles blocked their way.</p></blockquote>
<p>While the Afghan defense ministry assures the world press that &#8220;all international conventions on prisoners&#8217; rights would be implemented&#8221; once it gets control of Bagram, the many <a href="http://www.amnesty.org/en/region/afghanistan/report-2009" target="_blank">reports</a> of arbitrary arrest, torture, and other ill-treatment by Afghan security forces suggest otherwise. In fact, there is nothing very trustworthy about either the Afghan government or its US/NATO backers, who have averted their eyes from anything that would besmirch the credentials of their war purposes in Afghanistan.</p>
<p>This leads the leaders of the Western alliance to some pretty strange places. Take Canadian Prime Minister Stephen Harper. Talking to interviewers for the French-language television network TVA about the many reports that prisoners captured by Canadian forces and turned over to Afghani authorities were tortured, even killed, <a href="http://www.theglobeandmail.com/news/politics/torture-issue-afghan-problem-not-canadian-pm/article1409630/" target="_blank">Harper said:</a></p>
<blockquote><p>&#8220;We are speaking here of a problem among Afghans. It&#8217;s not a problem between Canadians and Afghans. We&#8217;re speaking of problems between the government of Afghanistan and the situation in Afghanistan. We are trying to do what&#8217;s possible to improve that situation, but it&#8217;s not in our control.&#8221;</p></blockquote>
<p>For Harper, the system of transferring prisoners to the Afghans &#8220;works very well,&#8221; though he admits there are &#8220;problems from time to time.&#8221; As an example of some of these problems, <a href="http://www.bccla.org/antiterrorissue/ColvinDocs3.pdf" target="_blank">read the over 40 redacted emails</a> (PDF) sent from former Canadian diplomat Richard Colvin to then-Foreign Affairs Minister Peter MacKay alleging the torture of detainees transferred by Canadians to Afghan prisons.</p>
<p>While trumpeted as a blow against the idea of turning Bagram into a second Guantanamo, the likelihood is that things will not get any better for the 700 plus prisoners at the US facility there. Nor does it speak to the ongoing management by Special Operations forces of a black site prison, also on the Bagram Air Base. US Special Operations forces are granted special privileges to hold prisoners in indefinite detention. Evidence of torture at the SO black site prison, published in both <a href="http://www.nytimes.com/2009/11/29/world/asia/29bagram.html?_r=2&amp;hp" target="_blank">The New York Times</a> and <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/11/27/AR2009112703438.html?hpid=topnews" target="_blank">The Washington Post</a> last November, has not produced any follow-up in terms of Congressional hearings or further investigations. Instead, the handover of the Department of Defense&#8217;s primary Bagram detention site appears likely to even further reduce oversight and investigation into the plight of prisoners there, once under Afghan jurisdiction, as the promises of the Afghanistan government are not to be trusted.</p>
<p>Meanwhile, the propaganda from Washington continues unabated. &#8220;Surge turning tide against Taliban, says McChrystal,&#8221; blared ABC news on Monday. But no amount of propaganda is going to fill up the moral bog that is the US war in Afghanistan. Whether its targeted assassinations, leading to rounds and never-ending rounds of assassination and bombings, as at Khost, or the counterinsurgency attacks that target school-age children, as at Ghazi Khan, the campaign in Afghanistan has nowhere to go but down.</p>
<p>Even its vaunted aim of improving the lives of Afghan women is proven to be a lie. As a statement by the Revolutionary Association of the Women of Afghanistan (RAWA) <a href="http://www.rawa.org/rawa/2009/12/06/not-all-feminists-love-escalation-in-afghanistan.html" target="_blank">reported recently</a>:</p>
<blockquote><p>The US &#8220;War on terrorism&#8221; removed the Taliban regime in October 2001, but it has not removed religious fundamentalism which is the main cause of all our miseries. In fact, by reinstalling the warlords in power in Afghanistan, the US administration is replacing one fundamentalist regime with another. The US government and Mr. Karzai mostly rely on Northern Alliance criminal leaders who are as brutal and misogynist as the Taliban&#8230;.</p>
<p>Last month, Malalai Joya, a former member of the Afghan parliament, told Michelle Goldberg of the Daily Beast that the situation for Afghan women is every bit as bad under Karzai as it was under the Taliban. Joya is also concerned that civilian casualties are fueling popular support for the Taliban.</p></blockquote>
<p>Thus far, no significant antiwar movement has emerged to seriously challenge the Obama administration&#8217;s prosecution of the Afghanistan war. Meanwhile, the administration has clearly expanded its military operations to Pakistan, Yemen and Somalia. But support by the US electorate of this war policy appears shaky at best, as the population suffers under an unemployment rate approaching 20 percent, and an array of service cutbacks in many US states.</p>
<p>Whether protests against the economy will be linked to the bellicose policies of the Obama administration in its own version of Bush&#8217;s &#8220;war on terror&#8221; remains to be seen. But one doesn&#8217;t have to look very far to see that the premises of prosecuting a democratic, human rights war is no more tenable under Obama than it was under Bush.</p>
<p><em>Jeffrey Kaye, </em><em>a psychologist living in Northern California and a regular contributor <a href="http://www.pubrecord.org/">The Public Record</a>, has been</em><em> blogging at <a title="http://www.dailykos.com/" onclick="javascript:pageTracker._trackPageview('/outbound/article/www.dailykos.com');" href="http://www.dailykos.com/">Daily Kos</a> since May 2005, and maintains a personal blog, <a onclick="javascript:pageTracker._trackPageview('/outbound/article/valtinsblog.blogspot.com');" href="http://valtinsblog.blogspot.com/">Invictus</a>. E-mail Mr. Kaye at sfpsych at gmail dot com.</em>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Ftorture%2F6706%2Fwomen-dying-torture-amuck-afghanistan%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Ftorture%2F6706%2Fwomen-dying-torture-amuck-afghanistan%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/torture/6706/women-dying-torture-amuck-afghanistan/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>US Response Muted on Acquittal of UAE Royal Shown Torturing on Tape</title>
		<link>http://pubrecord.org/torture/6597/response-muted-acquittal-royal-shown/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=response-muted-acquittal-royal-shown</link>
		<comments>http://pubrecord.org/torture/6597/response-muted-acquittal-royal-shown/#comments</comments>
		<pubDate>Fri, 15 Jan 2010 23:49:31 +0000</pubDate>
		<dc:creator>Jeffrey Kaye</dc:creator>
				<category><![CDATA[Torture]]></category>
		<category><![CDATA[Sheikh Issa bin Zayed al Nahyan]]></category>
		<category><![CDATA[United Arab Emirates]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=6597</guid>
		<description><![CDATA[The typically restrained Obama State Department couldn’t raise itself to strenuously protest the most outrageous miscarriage of justice in quite a while. United Arab Emirates royal family member, Sheikh Issa bin Zayed al Nahyan, brother of the country’s Crown Prince, was caught on tape brutally torturing and attempting to murder a man he thought had cheated him on a business deal. The tape surfaced last year, but the crime occurred in 2004.]]></description>
			<content:encoded><![CDATA[<p>The typically restrained Obama State Department couldn’t raise itself to strenuously protest the most outrageous miscarriage of justice in quite a while. United Arab Emirates royal family member, Sheikh Issa bin Zayed al Nahyan, brother of the country’s Crown Prince, was caught on tape brutally torturing and attempting to murder a man he thought had cheated him on a business deal. The tape surfaced last year, but the crime occurred in 2004.</p>
<p>According to an ABC <a href="http://abcnews.go.com/Blotter/story?id=7402099" target="_blank">report</a> last year:</p>
<blockquote>
<div>
<p>A video tape smuggled out of the United Arab Emirates shows a member of the country’s royal family mercilessly torturing a man with whips, electric cattle prods and wooden planks with protruding nails….</p>
<p>Nabulsi says the video tapes were recorded by his brother, on orders from the Sheikh who liked to watch the torture sessions later in his royal palace.</p>
<p><object classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" width="425" height="344" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="allowFullScreen" value="true" /><param name="allowScriptAccess" value="always" /><param name="src" value="http://www.youtube.com/v/glKOe5qNaCc&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;hl=en_US&amp;feature=player_embedded&amp;fs=1" /><param name="allowfullscreen" value="true" /><embed type="application/x-shockwave-flash" width="425" height="344" src="http://www.youtube.com/v/glKOe5qNaCc&amp;color1=0xb1b1b1&amp;color2=0xcfcfcf&amp;hl=en_US&amp;feature=player_embedded&amp;fs=1" allowscriptaccess="always" allowfullscreen="true"></embed></object></p>
<p>The Sheikh begins by stuffing sand down the man’s mouth, as the police officers restrains the victim.</p>
<p>Then he fires bullets from an automatic rifle around him as the man howls incomprehensibly.</p>
</div>
</blockquote>
<p>Now, a UAE court has <a href="http://english.aljazeera.net/news/middleeast/2010/01/2010110133141501815.html" target="_blank">acquitted</a> Sheikh Issa for the torture of Mohammed Shah Poor, which ended when the brother of UAE’s President and Abu Dhabi emir, Sheikh Khalifa, drove his SUV over and over the prostate body of Mr. Shah Poor, who subsequently spent many months in the hospital. Most people who have watched the savage attack were amazed Shah Poor survived at all.</p>
<blockquote>
<div>
<p>“The court acquitted Sheikh Issa after establishing he was not responsible,” for the torture, lawyer Habib al-Mulla said on Sunday.</p>
<p>“The court accepted our defence that the Sheikh was under the influence of drugs [medicine] that left him unaware of his actions,” al-Mulla said.</p>
</div>
</blockquote>
<p>If anyone were ever under the influence of drugs, it’s the UAE emirate court. The acquittal has been condemned by human rights groups. The co-chairman of the House Human Rights Commission, Rep. James McGovern (D-MA),  <a href="http://abcnews.go.com/Blotter/outrage-us-state-dept-official-questions-acquittal-uae/story?id=9534164" target="_blank">said</a> the verdict “would be a joke if the crime wasn’t so terrible.” Meanwhile, the men who filmed the torture and smuggled it out of the country were sentenced <em>in absentia</em> to several years in prison. One of the men, <a href="http://abcnews.go.com/Blotter/story?id=7402099">Bassam Nabulsi</a>, of Houston, Texas, and “a former business associate of Sheikh Issa,” is suing his former partner in a Houston court, alleging he was tortured by UAE police when he wouldn’t turn the video over to them.</p>
<p>As for the United States, State Department spokeperson P.J. Crowley couldn’t have been more, uh, measured, that is, cold-blooded in his <a href="http://www.themajlis.org/2010/01/11/little-response-from-washington-on-uae-torture-verdict">response</a>, assuring the world that the U.S. would “monitor” the situation:</p>
<blockquote>
<div>
<p>We would welcome a careful review of the judge’s decision and an assessment of all available legal options to ensure that the demands of justice are fully met in this case, and we will continue to closely monitor it.</p>
</div>
</blockquote>
<p><strong>UAE: “America’s Largest Military Customer”</strong></p>
<p>As an article at <a href="http://www.themajlis.org/2010/01/11/little-response-from-washington-on-uae-torture-verdict" target="_blank">The Majlis</a> points out, the United Arab Emirates is “a strategic ally in the region, America’s largest military customer.” There’s also an important nuclear energy agreement, begun under the Bush Administration, that has been in the works between the UAE and the U.S. Who would want to spoil such an important alliance just because the Royal Family likes to indulge in some barbaric behavior, like rape, mayhem, and torture, once in awhile?</p>
<p>Just as it did in Kosovo, Somalia, and Lebanon, the UAE have sent “peacekeepers” to Afghanistan to aid the U.S.-led coalition there.  According to a report this January in <a href="http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100102/BUSINESS/701029922/1005" target="_blank">The National</a>,  last year “the UAE became the largest foreign purchaser of US defence equipment with sales of $7.9bn, ahead of Afghanistan ($5.4bn), Saudi Arabia ($3.3bn) and Taiwan ($3.2bn).” Further, President Obama and the U.S. Congress recently approved a nuclear energy deal between GE Hitachi Nuclear Energy (GEH) and the UAE government worth <a href="http://theenergycollective.com/TheEnergyCollective/47678" target="_blank">$40 billion</a>, despite, according to <a href="http://www.world-nuclear-news.org/NP-Obama_blessing_for_UAE_nuclear_agreement-2105097.html" target="_blank">World Nuclear News</a>, “recent reports of <em>alleged</em> human rights abuses” (italics added).</p>
<p>There was also the irony that the same day Sheikh Issa got off on the torture rap, the UAE Ministry of Defense and the Institute for Near East and Gulf Military Analysis <a href="http://www.wam.org.ae/servlet/Satellite?c=WamLocEnews&amp;cid=1261832817707&amp;p=1135099400124&amp;pagename=WAM%2FWamLocEnews%2FW-T-LEN-FullNews" target="_blank">opened</a> its Middle East Intelligence, Surveillance and Reconnaissance (MEISR) conference  in Abu Dhabi. The Director of Operations and Training from the UAE Ministry of Defense took the opportunity to prattle on about the “non-linear” nature of the battlefield and how  “the enemy can be anywhere across the national borders of any country.” Of course, that will necessitate buying a lot of state-of-the-art technology.</p>
<p>The conference was a star-studded affair, if you drool over the national security set. The Commander of U.S. Air Force Central Command was there.  So was Rear Admiral Jean Goursaud, the Deputy Director of Military Intelligence at the French Defense Ministry. Even the head of Italian Military Intelligence got to tout the Italians’ unique contributions to the Intellience/Surveillance/Reconnaissance world. Meanwhile, “John Brooks, President, Northrop Grumman International chaired the first session.”</p>
<p>The U.S. military and industrial alliances can’t be made to bother themselves with Sheikh Issa’s self-made how-to tape on torture and mayhem, nor the fact that their erstwhile allies can get away with horrific crimes. Should justice stand in the way of the billions of dollars in profits to be made? I only ask one thing: Watch the tapes, and consider how far down you, as a citizen of the United States, really wish this country to fall.</p>
<p>The <a href="http://abcnews.go.com/video/playerIndex?id=7407186" target="_blank">ABC report and video</a> of the torture can be found here. It’s very brutal, so beware. Al Jazeera has also posted a <a href="http://www.youtube.com/watch?v=glKOe5qNaCc" target="_blank">video selection</a> from the 45 minute torture tape.</p>
<p>Leaving this country in the hands of the people running it is turning out to be a very awful thing, not just for the people of the world, but for the people of this country. How many “terrorists” will crimes and injustices such as those documented in the tapes and in the stories on Issa’s acquittal create? How many Americans now will die because the U.S. government wanted to play footsie and fill its war chest with the likes of the UAE Royal Family? How many others have been and will be tortured in the UAE, or by other U.S. allied governments, like <a href="http://www.guardian.co.uk/news/blog/2007/jan/12/youtubeexposes1" target="_blank">Egypt</a>, or <a href="http://www.guardian.co.uk/world/2009/nov/20/canada-allegations-complicit-torture-afghanistan" target="_blank">Afghanistan</a> itself?</p>
<p>We need change we can truly believe in. When it comes to this government’s tolerance of torture by its allies, little has changed from the days of Bush and Cheney. As an aside, for those of us wondering what might have happened if we could get our hands on the videotapes of the CIA torture interrogations of Abu Zubaydah and others, apparently destroyed by CIA officials, this story makes me wonder if having those tapes would really make a difference. That’s how powerful the forces that push torture have become.</p>
<p><em>This report was <a href="http://firedoglake.com/2010/01/13/us-response-muted-on-acquittal-of-uae-royal-shown-torturing-on-tape/">originally published</a> on <a href="http://firedoglake.com">Firedoglake.com</a></em></p>
<p><em>Jeffrey Kaye, </em><em>a psychologist living in Northern California and a regular contributor <a href="http://www.pubrecord.org/">The Public Record</a>, has been</em><em> blogging at <a title="http://www.dailykos.com/" onclick="javascript:pageTracker._trackPageview('/outbound/article/www.dailykos.com');" href="http://www.dailykos.com/">Daily Kos</a> since May 2005, and maintains a personal blog, <a onclick="javascript:pageTracker._trackPageview('/outbound/article/valtinsblog.blogspot.com');" href="http://valtinsblog.blogspot.com/">Invictus</a>. E-mail Mr. Kaye at sfpsych at gmail dot com.</em>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Ftorture%2F6597%2Fresponse-muted-acquittal-royal-shown%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Ftorture%2F6597%2Fresponse-muted-acquittal-royal-shown%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/torture/6597/response-muted-acquittal-royal-shown/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Stories We Wish We Didn&#8217;t Have To Write-But Will</title>
		<link>http://pubrecord.org/commentary/6561/stories-didnt-write-but/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=stories-didnt-write-but</link>
		<comments>http://pubrecord.org/commentary/6561/stories-didnt-write-but/#comments</comments>
		<pubDate>Wed, 13 Jan 2010 04:28:36 +0000</pubDate>
		<dc:creator>Walter Brasch</dc:creator>
				<category><![CDATA[Commentary]]></category>
		<category><![CDATA[bipartisanship]]></category>
		<category><![CDATA[Bush administration]]></category>
		<category><![CDATA[Democrats]]></category>
		<category><![CDATA[health care]]></category>
		<category><![CDATA[party of no]]></category>
		<category><![CDATA[Republicans]]></category>
		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=6561</guid>
		<description><![CDATA[The hope we and this nation had for change we could believe in, and which we still hope will not die, has been diminished by the reality of petty politics, with the “Party of No” and its raucous Teabagger mutation blocking social change for America’s improvement. We really want to be able to write columns about Americans who take care of each other, about leaders who concentrate upon fixing the social problems. But we know that’s only an ethereal ideal. So, we’ll just have to hope that the waters of social justice wear down, however slowly, the jagged rocks of haughty resistance.]]></description>
			<content:encoded><![CDATA[<p><a class="highslide" onclick="return vz.expand(this)" href="http://pubrecord.org/wordpress/wp-content/uploads/2010/01/bad-news.jpg"><img class="alignleft size-medium wp-image-6562" title="bad-news" src="http://pubrecord.org/wordpress/wp-content/uploads/2010/01/bad-news-286x300.jpg" alt="" width="286" height="300" /></a>It’s a new year, and we’ve been trying to find new topics for our columns.</p>
<p>In reviewing the columns over the past few years, we wrote against racism and animal cruelty. But, there’s still racism and animal cruelty, so we’ll still have to speak out on these critical social issues.</p>
<p>We wrote about tolerance and the acceptance of all races and religions. But, a large number of Americans apparently didn’t get the message, so we’ll have to try harder this year.</p>
<p>We wrote about the continued destruction of the environment and of ways people are trying to save it. Environmental concern is greater, but so is the ignorant prattling of those who believe global warming is a hoax.</p>
<p>We wrote against government corruption, bailouts, tax advantages for the rich and their corporations, governmental waste, and corporate greed. But, since they still exist, we’ll have to continue speaking against those as well.</p>
<p>We wrote about the effects of laying off long-time employees and of outsourcing jobs to “maximize profits.” But until Americans realize that “cheaper” doesn’t necessarily “better,” we’ll continue to have to write why exploitation knows no geographical boundaries.</p>
<p>We wrote in support of the rights of workers, for better working conditions and benefits at least equal to their managers. We didn’t expect to see anything change, but we were hopeful that a small minority of business owners who do respect the worker would influence the rest. Until that happens, we’ll still have to write about labor issues.</p>
<p>We wrote in support of helping the unemployed, the homeless, those without adequate health coverage—and against the political lunatics who continue to deny the disenfranchised and marginalized the basics of human life. Unfortunately, not much has changed over the past few years.</p>
<p>For many years, we had written about the need for health reform. At the end of last year, Americans got a partial victory, but there is still much more that needs to be done.</p>
<p>We wrote against the media’s fixation with celebrity skanks and scandals. We doubt anything will change this year, but we’ll still comment upon the media’s neglect of what’s important—and their fascination with what isn’t.</p>
<p>We wrote about why newspapers and magazines died, why the rest have downsized their staffs and the quality of their news product. We doubt anything will change this year, but we still have to bring the issues to the public.</p>
<p>We wrote about problems in the nation’s educational system, especially the failure to encourage intellectual curiosity and respect the tenets of academic integrity. But there are still those who believe education is best served by a program manacled by teaching-to-the-test mentality.</p>
<p>We had written forcefully against the previous president and vice-president when they strapped on their six-shooters and sent the nation into war in a country that posed no threat to us, while failing to adequately attack a country that housed the core of the al-Qaeda movement. We wrote about the Administration’s failure to provide adequate protection for the soldiers they sent into war or adequate and sustained mental and medical care when they returned home.</p>
<p>We wrote about the Administration’s belief in the use of torture and why it thought it was necessary to shred parts of the Constitution. Fortunately, last year, we saw a new administration that recognizes that torture is not only wrong but counter-productive to acquiring good information, and that the Constitutional fabric of the United States must be preserved, no many how many threats are made upon it. Unfortunately, at all levels of government, Constitutional violations still exist, and a new year won’t change our determination to bring to light these violations wherever and whenever they occur.</p>
<p>The hope we and this nation had for change we could believe in, and which we still hope will not die, has been diminished by the reality of petty politics, with the “Party of No” and its raucous Teabagger mutation blocking social change for America’s improvement.</p>
<p>We really want to be able to write columns about Americans who take care of each other, about leaders who concentrate upon fixing the social problems. But we know that’s only an ethereal ideal. So, we’ll just have to hope that the waters of social justice wear down, however slowly, the jagged rocks of haughty resistance.</p>
<p><em>Walter Brasch is a professor of journalism at Bloomsburg University. His most recent book is <a onclick="javascript:pageTracker._trackPageview('/outbound/article/www.amazon.com');" href="http://www.amazon.com/Sinking-Ship-State-Second-Presidency/dp/0942991508/ref=sr_1_3?ie=UTF8&amp;s=books&amp;qid=1249409028&amp;sr=8-3">Sinking the Ship of State: The Presidency of George W. Bush</a>. He can be reached at brasch@bloomu.edu.</em>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Fcommentary%2F6561%2Fstories-didnt-write-but%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Fcommentary%2F6561%2Fstories-didnt-write-but%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/commentary/6561/stories-didnt-write-but/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Sheikh&#8217;s Torture Trial Ends In Acquittal</title>
		<link>http://pubrecord.org/multimedia/6538/sheikhs-torture-trial-acquittal/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=sheikhs-torture-trial-acquittal</link>
		<comments>http://pubrecord.org/multimedia/6538/sheikhs-torture-trial-acquittal/#comments</comments>
		<pubDate>Mon, 11 Jan 2010 22:02:47 +0000</pubDate>
		<dc:creator>The Public Record</dc:creator>
				<category><![CDATA[TPRvideo]]></category>
		<category><![CDATA[Abu Dhabi]]></category>
		<category><![CDATA[Afghanistan]]></category>
		<category><![CDATA[Tony Buzbee]]></category>
		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=6538</guid>
		<description><![CDATA[A court in Abu Dhabi has acquitted the man accused of beating an Afghan grain trader in 2004.
Sheikh Issa bin Zayed al-Nahayan, a member of the UAE royal family, claimed he was drugged by two other men, and therefore unaware of his actions, which included torturing the man with electric prods, driving over him and [...]]]></description>
			<content:encoded><![CDATA[<p>A court in Abu Dhabi has acquitted the man accused of beating an Afghan grain trader in 2004.</p>
<p>Sheikh Issa bin Zayed al-Nahayan, a member of the UAE royal family, claimed he was drugged by two other men, and therefore unaware of his actions, which included torturing the man with electric prods, driving over him and raping him.</p>
<p>Thee men who released the tape have been given five years in jail.</p>
<p>In a <a href="http://thelede.blogs.nytimes.com/2010/01/11/abu-dhabi-royal-acquitted-in-torture-trial/">statement</a> released to the New York Times, Tony Buzbee, an attorney for the Nabulsis, said:</p>
<blockquote><p>The verdict is a farce, and shows why the world should have no confidence in the [United Arab Emirates'] justice system. This was a show trial, held completely in secret, with one objective: to relieve international pressure on the ruling family so that the pending military treaty with the U.S. would go forward. The fact is, and the evidence is clear, Sheikh Issa tortured numerous people and he ordered the torture to be videotaped. The sheikh’s abhorrent behavior also was not isolated. I offered the U.A.E. authorities additional videotape indicating that at least 20 other people were tortured by the sheikh. [...] The Obama administration, like the Bush administration, continues to coddle the U.A.E. and look past serious human rights and security concerns there.</p></blockquote>
<p>The Times added:</p>
<blockquote><p>The United Arab Emirates, of which Abu Dhabi is a part, made <a href="http://www1.voanews.com/english/news/a-13-2009-01-15-voa71-68822617.html">an agreement with the United States</a>, during the final week of the Bush administration last January, to [import] nuclear fuel for use in an energy program. The United States formally <a href="http://www.reuters.com/article/idUSN1718710220091217?type=marketsNews">signed the agreement</a> with the U.A.E. in December.</p>
<p>As my colleague <a href="http://www.nytimes.com/2009/05/02/world/middleeast/02emirates.html">Robert Worth explained</a> last April, the agreement means that the U.S. will “share expertise, technology and fuel in exchange for a promise by the Emirates to abide by international safeguards and the Nuclear Nonproliferation Treaty.”</p></blockquote>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Fmultimedia%2F6538%2Fsheikhs-torture-trial-acquittal%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Fmultimedia%2F6538%2Fsheikhs-torture-trial-acquittal%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/multimedia/6538/sheikhs-torture-trial-acquittal/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
		<item>
		<title>Ex-Guantanamo Detainee, Never Charged With A Crime, Appeals To Obama On Prison&#8217;s 8th Anniversary</title>
		<link>http://pubrecord.org/multimedia/6532/ex-guantanamo-detainee-never-charged/?utm_source=rss&amp;utm_medium=rss&amp;utm_campaign=ex-guantanamo-detainee-never-charged</link>
		<comments>http://pubrecord.org/multimedia/6532/ex-guantanamo-detainee-never-charged/#comments</comments>
		<pubDate>Mon, 11 Jan 2010 21:27:38 +0000</pubDate>
		<dc:creator>The Public Record</dc:creator>
				<category><![CDATA[TPRvideo]]></category>
		<category><![CDATA[Afghanistan]]></category>
		<category><![CDATA[detainees]]></category>
		<category><![CDATA[Guantanamo]]></category>
		<category><![CDATA[habeas corpus]]></category>
		<category><![CDATA[Torture]]></category>

		<guid isPermaLink="false">http://pubrecord.org/?p=6532</guid>
		<description><![CDATA[From the Center for Constitutional Rights (CCR):
Mohammed Sulaymon Barre was released from Guantanamo on December 20, 2009, and returned to his family in Somaliland. Mr. Barre had fled Somalia during the civil war in theearly 1990s. The United Nations High Commissioner for Refugees granted Mr. Barre refugee status in Pakistan where he lived and worked [...]]]></description>
			<content:encoded><![CDATA[<p>From the <a href="http://ccrjustice.org/obamas-guantanamo">Center for Constitutional Rights</a> (CCR):</p>
<blockquote><p>Mohammed Sulaymon Barre was released from Guantanamo on December 20, 2009, and returned to his family in Somaliland. Mr. Barre had fled Somalia during the civil war in theearly 1990s. The United Nations High Commissioner for Refugees granted Mr. Barre refugee status in Pakistan where he lived and worked freely for many years prior to his detention.</p>
<p>In November 2001, soon after the U.S. invasion of Afghanistan, Pakistani authorities came to Mr. Barres house in the middle of the night and arrested him.</p>
<p>He is believed to have been sold to the United States for bounty at a time when the United States was offering sizable sums for the handover of purported enemies. Once in the custody of U.S. forces, Mr. Barre was sent to the U.S. military base at Bagram, where U.S. guards abused him and coercively interrogated him before transferring him to Guantánamo. He was never charged with any crime.</p></blockquote>
<p>Earlier Monday, CCR&#8230;</p>
<blockquote><p>&#8230;held a public briefing at the National Press Club in Washington, D.C. with activists and human rights attorneys to mark the beginning of the ninth year of detention without charge or trial at Guantánamo following a rally and march that morning. The briefing, titled “Obama’s Guantánamo,” addressed issues including the continued and worsening lack of transparency, resettlement for men who cannot return to their home countries, the threat of indefinite detention schemes in the U.S., the halt of transfers to Yemen and related responses to the recent terrorism attempt, and more.</p>
<p><strong>Lakhdar Boumediene</strong> called in to the briefing from his home in France, and <strong>Omar Deghayes</strong> joined the briefing from his home in the United Kingdom. Mr. Boumediene was the lead plaintiff in the landmark Supreme Court case of 2008, <em><a title="Boumediene v. Bush case page" href="http://ccrjustice.org/ourcases/current-cases/al-odah-v.-united-states" target="_self">Boumediene v. Bush</a></em> brought by CCR and co-counsel , in which the Court affirmed that Guantànamo detainees have the right to file <span style="text-decoration: underline;">writs of habeas corpus</span> in U.S. federal courts. He was released on May 15, 2009. As a child, Omar Deghayes settled with his family in the U.K. as a refugee from Lybia. Picked up in Pakistan and sent to Bagram and Guantánamo, he was blinded in one eye at the base in 2004. Mr. Deghayes was released from Guantanamo to the U.K. on December 19, 2007.</p></blockquote>
<div class="tweetmeme_button" style="float: right; margin-left: 10px;">
			<a href="http://api.tweetmeme.com/share?url=http%3A%2F%2Fpubrecord.org%2Fmultimedia%2F6532%2Fex-guantanamo-detainee-never-charged%2F"><br />
				<img src="http://api.tweetmeme.com/imagebutton.gif?url=http%3A%2F%2Fpubrecord.org%2Fmultimedia%2F6532%2Fex-guantanamo-detainee-never-charged%2F&amp;source=ThePublicRecord&amp;style=compact&amp;service=bit.ly" height="61" width="50" /><br />
			</a>
		</div>
]]></content:encoded>
			<wfw:commentRss>http://pubrecord.org/multimedia/6532/ex-guantanamo-detainee-never-charged/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>
