Are we still a nation of laws not men? In the coming weeks and months that question will be answered.

Posted on 28 May 2009

 

So let’s start with some facts.  The International Committee of the Red Cross codified the behavior they uncovered when reviewing the treatment of “high value” detainees in twelve broad categories as:

  • Suffocation by water poured over a cloth placed over the nose and mouth…
  • Prolonged stress standing position, naked, held with the arms extended and chained above the head…
  • Beatings by use of a collar held around the detainees’ neck and used to forcefully bang the head and body against the wall…
  • Beating and kicking, including slapping, punching, kicking to the body and face…
  • Confinement in a box to severely restrict movement…
  • Prolonged nudity…this enforced nudity lasted for periods ranging from several weeks to several months…
  • Sleep deprivation…through use of forced stress positions (standing or sitting), cold water and use of repetitive loud noises or music…
  • Exposure to cold temperature…especially via cold cells and interrogation rooms, and…use of cold water poured over the body or…held around the body by means of a plastic sheet to create an immersion bath with just the head out of water.
  • Prolonged shackling of hands and/or feet…
  • Threats of ill-treatment, to the detainee and/or his family…
  • Forced shaving of the head and beard…
  • Deprivation/restricted provision of solid food from 3 days to 1 month after arrest

     

    As the Red Cross writers tell us, "each specific method was in fact applied in combination with other methods, either simultaneously or in succession." A clear picture of this cumulative effect comes from the three long excerpts of interviews with detainees published as annexes at the end of the report.  To understand the effect one must remember what all experienced torturers know: dramatic results can be achieved with simple techniques. Forced standing, for example:

    Ten of the fourteen alleged that they were subjected to prolonged stress standing positions, during which their wrists were shackled to a bar or hook in the ceiling above the head for periods ranging from two or three days continuously, and for up to two or three months intermittently…. For example, Mr. Khaled Shaik Mohammed alleged that, apart from the time when he was taken for interrogation, he was shackled in prolonged stress standing position for one month in his third place of detention…. Mr. Bin Attash for two weeks with two or three short breaks where he could lie down in Afghanistan and for several days in his fourth place of detention…. Mr. Hambali for four to five days, blindfolded with a type of sack over his head, while still detained in Thailand….

    I challenge anyone to simply stand with their hands (untied) above their heads for an hour and then claim that the above is anything less than torture.  It is time that men and women of conscience refuse to accept the media’s characterization of these behaviors as “Enhanced Interrogation Techniques” and to insist that they be named for what they are torture. 

    So what do we do now?  I’m with Matthew Rothschild – article below:

    Cheney War Crimes: Just Look at the Statute

    By Matthew Rothschild, March 25, 2009

    President Obama needs to tell Attorney General Eric Holder to indict Dick Cheney, right now, for war crimes.

    Just look at the statute, Title 18 of the U.S. Criminal Code, Section 2441. It says that someone is guilty of a war crime if he or she commits a “grave breach of common Article 3” of the Geneva Conventions. And then it defines what a grave breach would be.

    One such breach is torture, or the conspiracy to commit torture, which Cheney was clearly in on, as when he repeatedly defended waterboarding and talked about the need to go to the “dark side” Here’s the language from the statute: “The act of a person who commits, or conspires to commit, an act specifically intended to inflict severe physical or mental pain or suffering . . . upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.”

    Another grave breach is “cruel or inhuman treatment,” or the conspiracy to inflict such treatment. Again, Cheney was supervising such treatment in the White House, which would qualify as committing this crime. One time, it got so ghoulish that Attorney General John Ashcroft asked the other principals, “Why are we talking about this in the White House? History will not judge this kindly.”

    Here’s the language on “cruel or inhuman treatment”: “The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering . . . including serious physical abuse, upon another within his custody or control.”

    An additional breach is “mutilation or maiming.” Since some detainees say they no longer have the complete functioning of arms or limbs, Cheney may be on the hook here, too. “The act of a person who intentionally injures, or conspires or attempts to injure, or injures whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons . . . by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member, limb or organ of his body, without any legitimate medical or dental purpose.”

    “Intentionally causing serious bodily harm” is yet another grave breach. The statute defines this as: “The act of a person who intentionally causes, or conspires or attempts to cause, serious bodily injury to one or more persons, including lawful combatants, in violation of the law of war.”

    For each of these offenses, Cheney could receive life in prison, according to the statute.

    That is where he belongs.

    And it’s time for Obama to stop pussyfooting around. He should indict, arrest, and prosecute Cheney.

    “There is no longer any doubt as to whether the current administration has committed war crimes,” said Major General Antonio Taguba, USA (Ret.), in the preface to the Physicians for Human Rights report, “Broken Laws, Broken Lives”. “The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”

    That question is now firmly on Obama’s desk.

    And if he continues to dodge it, he’ll make a sick joke of the pious claim that we are a nation of laws, not men.

    http://www.progressive.org/node/127849

  • Related posts:

    1. Talking Torture
    2. Judge Jay Bybee, Professor John Yoo, heads up!


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