In the long quest for accountability for those who ordered and implemented the crimes committed by the United States since 9/11 in its brutal and counter-productive “war on terror,” victory has so far proven elusive, and no one has had to answer for the torture, the extraordinary rendition, the CIA “black sites,” the proxy torture prisons elsewhere, the shameful disregard of the Geneva Conventions and the embrace of indefinite imprisonment without charge or trial that has been such a shame and disgrace for anyone not blinded by the violence and vengeance that have consumed so much of the US’s actions and attitudes in the last 14 and a half years.
In the US itself, President Obama made it clear from the beginning that he was looking forwards and not backwards when it came to accountability, as though sweeping the crimes mentioned above under the carpet would remove their poison from infecting US society as a whole. An early example of refusing to allow any victims of extraordinary rendition and torture anywhere near a courtroom was the Obama administration, in 2009 (and into 2010), invoking the “state secrets doctrine” (a blanket denial of any effort to challenge the government’s actions) to prevent the British resident and torture victim Binyam Mohamed and others from challenging the Boeing subsidiary Jeppesen for its role as the CIA’s travel agent for torture.
In February 2010, President Obama also allowed a Justice Department fixer to override the conclusions of an ethics investigation into John Yoo and Jay Bybee, who wrote and approved the 2002 “torture memos” that cynically purported to redefine torture so it could legally be used by the CIA. The investigation had concluded that they were guilty of “wrongful conduct,” but they received only a slapped wrist after Deputy Attorney General David Margolis concluded instead that they had merely exercised “poor judgment.” Read the rest of this entry »
Last week there was some good news from Bagram, in Afghanistan, bringing one of the many long injustices of the “war on terror” to an end, when Amin al-Bakri and Fadi al-Maqaleh, two Yemenis held without charge or trial since 2002 and 2003 respectively, were repatriated.
Al-Bakri, who is 44 or 45 years old and has three children, was a shrimp merchant and gemstone dealer, and was seized in Thailand on a business trip. Al-Maqaleh, who is 30 years old, was held at Abu Ghraib prison in Iraq before being transferred to Bagram. The site of America’s main prison in Afghanistan from 2002 until its handover to the Afghan authorities in March 2013, Bagram (renamed the Parwan Detention Facility in 2009) also housed a secret CIA prison where al-Bakri and al-Maqaleh were held, and they continued to be held in a secretive US facility that was part of the Bagram/Parwan complex after the handover of Bagram to the Afghan government. According to the International Justice Network, which represents both men, they were also held in other “black sites” prior to their arrival at Bagram.
The men’s release follows years of legal wrangling. Despite official silence regarding the stories of the men held in Bagram’s “black site,” lawyers managed to find out about a number of the men held, including al-Bakri and al-Maqaleh, in part drawing on research I had undertaken in 2006 for my book The Guantánamo Files. Habeas corpus petitions were then submitted, for the two Yemenis, and for a Tunisian named Redha al-Najar, seized in Karachi, Pakistan in 2002, and Haji Wazir, an Afghan businessman seized in the United Arab Emirates, also in 2002. Read the rest of this entry »
Back in March 2009, three foreign prisoners seized in other countries and rendered to the main US prison in Afghanistan, at Bagram airbase, where they had been held for up to seven years, secured a legal victory in the District Court in Washington D.C., when Judge John D. Bates ruled that they had habeas corpus rights; in other words, the right to challenge the basis of their imprisonment under the “Great Writ” that prevents arbitrary detention.
The men — amongst dozens of foreigners held in Afghanistan — secured their legal victory because Judge Bates recognized that their circumstances were essentially the same as the prisoners at Guantánamo, who had been granted habeas corpus rights by the Supreme Court in June 2008.
Unfortunately, the Obama administration appealed Judge Bates’ careful and logical ruling, and the judges of the D.C. Circuit Court agreed, overturning the ruling in May 2010, and returning the three men to their legal black hole.
In April 2011, the Associated Press reported that the three men — Redha al-Najar, a Tunisian seized in Karachi, Pakistan in May 2002; Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand in late 2002; and Fadi al-Maqaleh, a Yemeni seized in 2004 and sent to Abu Ghraib before Bagram — had all been cleared for release by review boards at Bagram, or, as it is now known, the Parwan Detention Facility. Read the rest of this entry »
Last November, a war crimes tribunal established in Malaysia “found George Bush and Tony Blair guilty of ‘crimes against peace’ and other war crimes for their 2003 aggressive attack on Iraq, as well as fabricating pretexts used to justify the attack,” as Glenn Greenwald explained at the time. The seven-member Kuala Lumpur War Crimes Tribunal, established in 2007 by Mahathir bin Mohamad, the Prime Minister of Malaysia from 1981 to 2003, “has no formal enforcement power,” as Greenwald also explained, “but was modeled after a 1967 tribunal in Sweden and Denmark that found the US guilty of a war of aggression in Vietnam, and, even more so, after the US-led Nuremberg Tribunal held after World War II.”
The tribunal “ruled that Bush and Blair’s name should be entered in a register of war criminals, urged that they be recognized as such under the Rome Statute, and also petitioned the International Criminal Court “to proceed with binding charges.” Though symbolic, the purpose was hugely important, as a Malaysian lawyer explained at the time, saying, “For these people who have been immune from prosecution, we want to put them on trial in this forum to prove that they committed war crimes.” In other words, as Greenwald stated, “because their own nations refuse to hold them accountable and can use their power to prevent international bodies from doing so, the tribunal wanted at least formal legal recognition of these war crimes to be recorded and the evidence of their guilt assembled.”
Greenwald also noted, “That’s the same reason a separate panel of this tribunal will hold hearings later this year on charges of torture” against senior US officials, and last week this second tribunal convened, hearing from three witnesses — former Guantánamo prisoner Moazzam Begg, and Abbas Abid and Jameela Abbas, both victims of US torture in Iraq, as well as receiving written submissions from other victims. Read the rest of this entry »
On August 30, when In My Time, former Vice President Dick Cheney’s self-serving autobiography was published, the timing was pernicious. Cheney knows by now that every time he opens his mouth to endorse torture or to defend Guantánamo, the networks welcome him, and newspapers lavish column inches on his opinions, even though astute editors and programmers must realize that, far from being an innocuous elder statesman defending the “war on terror” as a robust response to the 9/11 attacks, Cheney has an ulterior motive: to keep at bay those who are aware that he and other Bush administration officials were responsible for authorizing the use of torture by US forces, and that torture is a crime in the United States.
As a result, Cheney knew that, on the tenth anniversary of the terrorist attacks that launched the “war on terror” that he is still so concerned to defend, his voice would be echoing in the ears of millions of his countrymen and women, helping to disguise a bitter truth: that, following the 9/11 attacks, Cheney was largely responsible for the abomination that is Guantánamo, and for the torture to which prisoners were subjected from Abu Ghraib to Bagram to Guantánamo and the “black sites” that littered the world.
Alarmingly, while Cheney has been largely successful in claiming that the use of torture was helpful, despite a lack of evidence that this was the case, what strikes me as even more alarming is that many Americans are still unaware of the extent to which the torture for which Cheney was such a cheerleader did not keep them safe from terrorist attacks, but actually provided a lie that was used to justify the invasion of Iraq in March 2003. Read the rest of this entry »
Yesterday, the publication of the final report of the Baha Mousa Inquiry demonstrated that, occasionally, when something truly monstrous has occurred, the British government can do the right thing, and hold a proper inquiry.
Baha Mousa, a hotel receptionist in Basra, Iraq, was killed by British soldiers in September 2003, his brutalized body bearing 93 separate injuries, after two days of what the judge in the three-year inquiry, Sir William Gage, described as “serious, gratuitous violence” that leaves “a very great stain on the reputation of the Army.”
As the Independent explained in an editorial today, the report is “damning.” The judge found that the “savagery meted out to Mr. Mousa and fellow detainees in Basra in 2003 were not the actions of a few ‘bad apples,'” but were, instead, “the result of systemic, ‘corporate’ failures that meant neither the abusive soldiers, nor their superiors, were aware that forcing detainees to wear hoods and adopt excruciating stress positions contravened both British law and the Geneva Convention.”
The Independent noted, “That any British soldier is unclear about what constitutes torture is disgraceful enough. That there were others who saw what was happening and allowed it to continue is truly shameful.” Read the rest of this entry »
How convenient is it that a door shuts on the Bush administration’s global program of extraordinary rendition and torture, just as America’s military-industrial complex plays musical chairs — with Republican holdover Robert Gates leaving as defense secretary, to be replaced by Leon Panetta, who has spent the last two years as the director of the CIA, while Gen. David Petraeus, the military commander in Afghanistan, takes over Panetta’s role at the CIA?
The answer has to be that it would be hard to conceive of a neater example of how the military and the intelligence agencies — or the CIA, at least — are at the very heart of government.
The door that is shutting is the one that involves accountability for the many prisoners subjected to “extraordinary rendition,” torture, and, in some cases, murder, in the Bush administration’s “high-value detainee” program. This involved the creation of secret torture prisons in Thailand, Poland, Romania and Lithuania, and, for a while, in Guantánamo, as well as others in Afghanistan and Iraq, the rendition of prisoners between these facilities, and also to the dungeons of allies in Jordan, Egypt, Syria and Morocco. Read the rest of this entry »
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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