Showing posts with label confessions obtained through torture. Show all posts
Showing posts with label confessions obtained through torture. Show all posts

Tuesday, May 3, 2011

Obama's Broken Guantánamo Promise

Betraying the Constitution
By SHELDON RICHMAN

IThe latest leaks of classified documents, which show that the U.S. government imprisoned hundreds of men at Guantánamo Bay on the most dubious "evidence," brings to mind the question, Why hasn't President Obama kept his promise to close the infamous prison that will forever stain America's honor?

As the UK Guardian, one of the newspapers that disclosed the documents, reported, "The U.S. military dossiers ... reveal how, alongside the so-called 'worst of the worst', many prisoners were flown to the Guantánamo cages and held captive for years on the flimsiest grounds, or on the basis of lurid confessions extracted by maltreatment.... More than two years after President Obama ordered the closure of the prison, 172 are still held there.... The files depict a system often focused less on containing dangerous terrorists or enemy fighters, than on extracting intelligence."

Many men were detained on the basis of hearsay after the U.S. government paid bounties for information. Some detainees had traveled to Afghanistan to fight for the Taliban in the civil war, then were declared enemies of the United States after its invasion in October 2001. After years in custody hundreds of men whom the Bush administration had branded as the monsters were released, indicating they were no threat at all. For this reason Guantánamo is an international symbol of American criminality.

In March Obama signed an executive order permitting him to hold detainees indefinitely without charge or trial. The administration wishes to keep some prisoners in custody even though the supposed evidence against them would not be admissible in a court or even in a military tribunal, which has far less protection for defendants. Some of that evidence was obtained by methods most would regard as torture.

More than a year after Guantánamo was to be closed it remains open. Why, and why has Obama largely escaped criticism for breaking such an important pledge?

Previously the president's defenders have claimed that his efforts to close the prison were thwarted by members of Congress, mostly Republicans. Is that true?

Obama signed an executive order calling for the closure two days after he was inaugurated in 2009, when the facilities held 241 prisoners. But "the fanfare never translated into the kind of political push necessary to sustain the policy," reports the Washington Post. "The White House, often without much internal deliberation, retreated time and again in the face of political opposition."

Obama did not want to risk political capital on the matter, and no leader in Congress was willing to go out on a limb without presidential backing.

The Post reports that Obama was shocked to learn that only 20–36 of the detainees could be brought to trial: "White House officials were in such disbelief that they asked Justice Department participants to write up a memo explaining exactly why they couldn't bring more of the men to trial. In many cases, the intelligence gathered on the men was not court-worthy evidence."

Administration officials claim to be surprised that in May 2009 the Senate voted overwhelmingly against an appropriation to close Guantánamo. But how could they really have been surprised when they did little or nothing to support the objective? The Post makes clear that public opinion polls running against closure also played a role in Obama's retreat. His advisors warned that the issue would imperil his larger agenda.

Thus President Obama, the man heralded as a new kind of politician, is revealed as just another officeholder looking out for his own political fortunes. The United States had betrayed its commitment to due process and the rule of law, but rectifying that shameful record could not be allowed to impede the president's political objectives. That demonstrates a perverse set of priorities.

It's par for the course with Obama. Since taking office he has escalated the covert wars in Pakistan, Yemen, and Somalia and has doubled down on Afghanistan. The resulting casualties and destruction have fueled further anti-American resentment. Now he is using drones over Libya, recklessly endangering the innocent. He has done what few once thought possible: out-war-mongered the Bush-Cheney gang.

And for the most part, the phony anti-war activists of the Bush years have lost their voices.

Wednesday, June 2, 2010

Indefinite Detention at Gitmo Criticised as "Legal Nihilism"

Evidence Against Detainees Obtained through Torture Won't Hold Up in Court
William Fisher

NEW YORK, 1 Jun (IPS) - A new U.S. government report is recommending that 48 men currently detained at Guantanamo Bay should be held indefinitely without trial because "for many of the detainees, there are no witnesses who are available to testify in any proceeding against them".

But authorities who follow the tortuous fortunes of Guantanamo say there is another reason: The evidence against them has been produced by confessions obtained through torture and would not be admissible in either a civilian or military court.

The report comes from the Guantánamo Review Task Force, appointed by President Barack Obama during his first week in office to review and assess each detainee's case to determine his fate.

The report found that the large majority of detainees were low-level fighters who were not involved in plots against the United States. It recommends that 126 of the detainees still held at Guantánamo be transferred to their home countries or a third country, that 36 be prosecuted in federal courts or military commissions, and that 48 of the detainees be held indefinitely without charge or trial.

Constitutional law experts and civil liberties advocates have consistently maintained that the U.S. system of justice leaves no place for people who are deemed "impossible to try but too dangerous to release".

Many of them expressed this view in response to the recent introduction of legislation that mandates trials only by military commissions and recognises and plans for a category of prisoners to be held indefinitely without charge or trial. The legislation was introduced by Senator John McCain, a Republican from Arizona, and Lindsey Graham, a Republican from South Carolina.

Commenting on the legislation, Chip Pitts, president of the Bill of Rights Defence Committee, told IPS, "This bill's warped understanding of international law and its mistaken predicate still blur actual wars - such as those in Afghanistan and Iraq today - with the politically appealing yet misleading and overbroad chimera of an endless and geographically unlimited 'global war on terror'."

He added, "Particularly when seen along with the Obama administration's rumored reversal of its prior decision to try 9/11 suspects in civilian courts as opposed to military commissions, it's another leg in the terrible race to the bottom in which politicians compete to seem 'tougher' on terrorism while really diminishing national security."

Prof. Peter Shane of the Ohio State University law school told IPS, "There seems to be a fundamental philosophical difference between those who believe that the rule of law threatens our fight against terrorism and those who regard it as one of our most potent weapons."

"There is no evidence to believe that the executive branch is making decisions with regard to the interrogation or detention of suspected terrorists that is compromising either our capacity to obtain intelligence information or to protect the United States from terrorist attack," he noted.

The George W. Bush administration, he added, "convicted over 300 terrorist suspects apprehended in the United States using our criminal justice system to prosecute terror-related crimes. We should continue to leave these decisions to the discretion of federal prosecutors and investigators."

Another legal scholar, Prof. Frances Boyle of the University of Illinois law school, told IPS that the current controversy had its roots in the Bush administration, who created a universe of "legal nihilism where human beings (including U.S. citizens) can be disappeared, detained incommunicado, denied access to attorneys and regular courts, tried by kangaroo courts, executed, tortured, assassinated and subjected to numerous other manifestations of state terrorism."

He said, "This category of 'unlawful enemy combatants' negates almost the entirety of the post-World War II regime for the International Protection of Human Rights established by the U.N. Charter in 1945 and most of the major international human rights treaties."

The American Civil Liberties Union (ACLU) also rejected the notion that there is a significant class of prisoners who simultaneously cannot be prosecuted or safely released. She said detaining terrorism suspects without charge or trial is "illegal and un-American".

Laura W. Murphy, director of the ACLU Washington Legislative Office, said it was "Incredibly disturbing to hear that the Obama administration will continue to hold a significant number of detainees without charge or trial, many of whom were presumably not captured near any battlefield."

"It would be a colossal error for the Obama administration to continue its predecessor's policy of indefinitely holding terrorism suspects, whether at Guantanamo or on U.S. soil. Detaining individuals indefinitely without charge or trial is un-American and violates our commitment to the Constitution and due process," she said.