Amnesty International (AI) is one of the world’s premier human rights organizations, whose sole function is to campaign for internationally recognized human rights, as specified in the
Universal Declaration of Human Rights.
I have been an
Amnesty International member for more years than I can remember. I’m not ashamed to say that I admire and trust them more than I do my own country – no matter who is President. Though our country was founded upon the principle that “All men are created equal” and therefore we all have inalienable rights to life, liberty and the pursuit of happiness, it has often fallen far short in living up to that principle. No matter who is President of our country, there are great pressures to give in to or at least “compromise” with forces that have little or no respect for our founding principles.
With that in mind, I’d like to discuss the concerns that AI has recently expressed about President Obama’s policies towards our detainees. Of the myriad Bush/Cheney crimes, their detainee policies were
the crimes that I abhorred the most. I say that because I truly believe that a society is best judged by how it treats its most vulnerable members. I have posted about that subject on DU probably more times than any other single subject. So, when I receive an e-mail from AI discussing “startling evidence that the Obama administration may continue the failed Bush policies on torture and illegal detention”, I take that very seriously. But I also take it with a grain of salt because AI’s mission is to identify and prevent human rights abuses. They would rather over-react than under-react to what they see as the potential for serious abuse – which is as it should be.
A few words about Amnesty InternationalFounded in 1961, AI now has about 2.2 million members, supporters, and subscribers in 150 countries. The United States contributes the most members of any country in the world, approximately 350,000. AI’s emphasis on human rights is evident from its
mission statement:
Amnesty International's vision is of a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights standards.
In pursuit of this vision, AI's mission is to undertake research and action focused on preventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience and expression, and freedom from discrimination, within the context of its work to promote all human rights.
AI is independent of any government, political ideology, economic interest or religion. It does not support or oppose any government or political system, nor does it support or oppose the views of the victims whose rights it seeks to protect. It is concerned solely with the impartial protection of human rights.
More specifically, it fights for human rights by exposing egregious human rights abuses and organizing letter writing campaigns of protest against them. It also has an educational function, seeking to integrate human rights education into the school environment. I discuss AI’s priorities in more detail in
this post.
During the Bush/Cheney Presidency, AI was quite vocal about the many crimes and abuses committed by our government. One good example of that, which I discuss in
this post, is when they asked its members to sign the “
America I believe in pledge”:
The America I Believe In doesn't torture people or use cruel, inhumane treatment. . . doesn't hold people without charge, without fair trials, without hope, and without end… doesn't kidnap people off the street and ship them to nations known for their brutality… doesn't condone prisoner abuse and excuse high-ranking government officials from responsibility for that abuse. . .doesn't justify the use of secret prisons. . .and does not rob people of their basic dignity.
I'm joining with Amnesty International USA to restore The America I Believe In. The America I Believe In leads the world on human rights. I'm committing to tell friends and family about the campaign. I'm also committing to contacting my members of Congress and my local media to tell them that the America I Believe In defends human rights and justice for all.
The three year torture ordeal of Binyam MohamedOne of AI’s current concerns is the use of the most overused government excuse in the book – “national security” – to
argue for dismissing a case that a former Bush administration torture victim is bringing against Boeing for its role in his extraordinary rendition:
The Bush administration argued that the case should be dismissed because even discussing it in court could threaten national security and relations with other nations.
During the campaign, Mr. Obama harshly criticized the Bush administration’s treatment of detainees… But a government lawyer, Douglas N. Letter, made the same state-secrets argument on Monday, startling several judges on the United States Court of Appeals for the Ninth Circuit.
The man bringing the suit is Binyam Mohamed, whose case
I discussed previously. My information on Binyam’s case comes from the award-winning journalist for “excellence in human rights reporting”, Stephen Grey, in a chapter from his book, “
Ghost Plane – The True Story of the CIA Torture Program”. Binyam was arrested at an airport in Pakistan on April 10, 2002, attempting to board a plane to take him back to his home in London. He was interrogated by the FBI and then transferred to a Moroccan prison, where (he alleges) on August 6, 2002, he began his ordeal of 37 months of intermittent torture.
Apparently the reason for the interest in Binyam was to use his testimony to nail Jose Padilla for plotting to explode a dirty bomb on U.S. soil. According to Binyam:
“They told me the U.S. had a story they wanted from me, and it was their job to get it. They talked about Jose Padilla, and they said I was going to testify against him and big people.” Among those named were … Ibn al-Shaykh al-Libi. Binyam claimed that when in Afghanistan and Pakistan his Arabic was so poor he could not even have had a conversation with such figures…. “They told me that I must plead guilty. I’d have to say I was an al-Qaeda operations man, an idea man. I kept insisting that I had only been in Afghanistan a short while. ‘We don’t care’ is all they’d say”.
Incidentally, al-Libi was the man whom the Bush administration
tortured into confessing (See section on “Reasons behind the torture” that Iraq had ties to al-Qaeda – one of its primary justifications for war.
On July 29, 2005, George Bush finally signed the order that
officially charged Binyam with a crime – more than three years following his arrest. But in the meantime, the Bush administration had
given up its plans to pursue charges of the “dirty bomb” conspiracy against the man who was supposedly the mastermind behind the plot, Jose Padilla. Instead, due to persistent legal challenges that thwarted the Bush administration attempts to provide a military commission show trial against Padilla, it had to settle for the much vaguer charges of “involvement in a North American terrorist support cell”.
“National security” as an excuse for dismissing Binyam’s caseOne of the most repressive aspects of the United States of America is its frequent use of the “national security” card to prevent information from coming to light that might be embarrassing or incriminating to our government. Obviously I am not privy to the “state secrets” that the Obama administration is trying to guard by attempting to dismiss Binyam’s case. Nevertheless, I find it so preposterous that our national security would be endangered by the public release of information relating to our torture of prisoners that I feel 99% sure that this “national security” claim is bogus.
In every case that I am aware of where later events shed light on the reason for the playing of the “national security” card, the reason turned out to have nothing to do with national security. Rather, the reason always turns out to be merely to prevent information from coming to light that would prove embarrassing or incriminating to our government.
The idea that such information would “threaten relations with other nations” is patently absurd. Every other nation in the world already knows that gross abuse and torture of U.S. detainees was widespread and frequent during the Bush administration. Far from threatening our relations with other nations, the public airing of these crimes would serve to begin the healing process. The crimes are well known. The only remaining question is what we intend to do about them. Making it clear that we take these crimes seriously and intend to hold the perpetrators accountable would be the most important thing we could do to begin to restore our reputation and standing in the world.
So why is the Obama administration playing along with this? The only reasonable conclusion is that they are doing it for domestic consumption. But why? The Obama administration couldn’t have anything to hide. What could possibly embarrass or incriminate them so early in their administration?
Clearly there are many right wing ideologues who would hate to see the Bush administration embarrassed or, even worse, incriminated in serious crimes. Why the Obama administration should care about these people is difficult to fathom. But probably many of these people still wield a lot of power. If the Obama administration were to go far towards letting out information on Bush administration crimes, it would probably be castigated by our corporate news media as “partisan” or “vengeful”. I don’t know what pressure the Obama administration is under to keep this information under wraps and refrain from pressing charges against the Bush administration, but my guess is that it is probably great. To understand the perils of harsh criticism of powerful figures, one only needs to recall the
firestorm against Senator Richard Durban for merely repeating the testimony of an FBI agent regarding the torture of our detainees at Guantanamo Bay. Amnesty International sees the situation similarly:
We fear that the Obama administration is feeling intense pressure for its early, bold actions against Guantanamo Bay and torture, and may be compromising to win political allies.
Indefinite detention of detainees without chargesThe other issue that AI expressed concern about is that of indefinite detention of our detainees without charges. Elena Kagan is Obama’s nominee for Solicitor General, who would represent the administration before the Supreme Court. Earlier this week she answered a question from Senator Lindsay Graham (R-SC) by
saying that she believed our government could legally detain suspected terrorists indefinitely without charges.
On the one hand, it is legal according to international law to detain prisoners of war indefinitely for the duration of the war. But I have three serious problems with Kagan’s statement.
First, “suspected” is the key word. Prisoners of war are typically picked up on the battlefield, classified as prisoner of war, and then detained for the duration of the war. But a very large portion of our “War on Terror” detainees do not fall into that category. In
a study of our Guantanamo Bay detainees during the Bush administration, only 8% were characterized as al Qaeda fighters. A large proportion were turned over to U.S. forces by
bounty hunters. 86% were arrested by Pakistan or Northern Alliance forces, and only 5% were captured by U.S. military forces. In other words, the enemy combatant status of a large proportion of our detainees is far from clear.
Secondly, the “War on Terror” is an ill defined entity with no clear goals and, most important, no end in sight. The “duration of the war” could be forever. There have been few if any times in history in which the most powerful nation in the world did not have enemies that wished or planned to do it harm. The mere existence of enemies does not mean that a nation is “at war” – that is, not until George Bush’s “War on Terror”.
Thirdly, our wars in Afghanistan and Iraq are not legitimate. Our Congress did not declare war on either country. So-called “illegal enemy combatants” (when actually found fighting against U.S. forces) are merely men who defended their country against a U.S. invasion. And with regard to the excuse that the Taliban was harboring Osama bin Laden, the Taliban
agreed to extradite bin Laden to Pakistan to stand trial. They also agreed to negotiate with George W. Bush, but Bush turned down all Taliban offers,
saying “We know he’s guilty”.
And fourthly, there is no purpose in continuing either war.
An editorial in
The Nation provided several reasons for ending the Afghanistan war, including among other reasons: The presence of our troops in Afghanistan are deeply resented by the Afghan people and therefore are a destabilizing force; we are propping up a corrupt and unpopular regime there; no imperial force has ever successfully occupied Afghanistan, though many have tried; and, our presence there risks destabilizing Pakistan.
What we are left with is the excuse that Afghanistan is a “safe haven” for terrorists. That idea is so absurd that it would be laughable if it wasn’t so tragic. Al Qaeda is scattered all over the world, not in any defined place. Most of the planning for the 9/11 attacks on our country was done in Germany and Florida. If we destroy one area of the world in an attempt to get rid of al Qaeda, they’ll just go somewhere else. They are an organization (or a loose network of organizations), not a country. We have killed many orders of magnitude more innocent civilians in our “War on Terror” than we have killed terrorists. And many more terrorists have been
recruited to the anti-American cause as a result.
Conclusion – The issue of accountabilityWithholding information about potential government crimes by using the “national security” card as an excuse, or by detaining people in our prisons indefinitely without charges, shows contempt for the rule of law. It serves primarily to reduce or abolish our government’s accountability to the people whom it is supposed to represent. The information in question is information that the American people have a right to see.
Thank you to Senator Leahy for recognizing that and publicly stating it. Senator Leahy
recently said in a discussion with the White House Chief Counsel, in recommending a truth and reconciliation commission to investigate potential crimes of the Bush administration:
I’m not wedded to any part of the plan so long as we get all the facts out. I would hate to see us take the attitude that that was then and this is now, let's not worry about any of the mistakes or the abuse of the law and give it a pass ... because it is my experience that you continue to make mistakes until somebody calls you on it.
Leahy also made it clear that he would proceed with his plan whether or not the Obama administration agrees. Of course, the difficult part will be in getting the U.S. Senate to agree. To this end, AI has provided a
simple link to obtaining our Senators’ phone numbers, as well as talking points to use to “give Senator Leahy the support he needs to follow through on setting up an independent investigation”:
As your constituent, I am calling to ask you to press for a non-partisan commission to review the treatment of detainees following September 11.
If the United States wants to be a beacon of justice and the rule of law abroad the U.S. needs to practice it at home.
Numerous interrogators, generals, and admirals have stated that abuses committed during interrogations are not only illegal, but also counter-productive and hurt our government's ability to collect accurate and timely intelligence.
Senate hearings have found that abuse at Guantanamo and Abu Ghraib was not the work of a few rogue actors but the direct result of policies and practices sanctioned by the highest levels of the US government.
Please let me know how you intend to address this issue of accountability for detainee abuse.
One could argue that a Justice Department investigation or an independent prosecutor would be a better approach to holding the Bush/Cheney administration accountable for their many crimes than a truth commission. I won’t argue against that. But a truth commission is a whole lot better than nothing, and that’s what is on the table now. It could be a major step towards getting the truth out to the American people.