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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: WaveSeeker who wrote (397427)4/23/2003 2:14:53 PM
From: sylvester80  Read Replies (1) | Respond to of 769670
 
Washington’s hypocrisy over Iraqi "war crimes"
By Bill Vann
28 March 2003

The Bush administration and the Pentagon have seized on Iraq’s treatment of captured US soldiers in an attempt to counter flagging support for a war that has failed to live up to Washington’s promises of a speedy campaign of “liberation.”

Speaking at Macdill Air Force Base in Florida on Wednesday, Bush condemned Iraqis as “war criminals,” even as US bombs and missiles rained down on Baghdad, killing 36 civilians and wounding another 215 on that day alone.

Bush appeared untroubled by the mounting civilian death toll, or for that matter, the casualties suffered by young US soldiers. Half of his speech was taken up with the kind of political backslapping and one-line jokes normally reserved for campaign fundraisers. The rest consisted of a warning to the American people that the war is shaping up to be a long one, and denunciations of Iraqi resistance.

“In the early stages of this war, the world is getting a clearer view of the Iraqi regime and the evil at its heart,” he said. “In the ranks of that regime are men whose idea of courage is to brutalize unarmed prisoners. They wage attacks while posing as civilians. They use real civilians as human shields. They pretend to surrender, then fire upon those who show them mercy.”

These remarks echoed similar statements by Defense Secretary Donald Rumsfeld in a Pentagon press briefing the day before: “The regime has committed acts of treachery on the battlefield, dressing their forces as liberated civilians and sending soldiers out waving white flags and feigning surrender, with the goal of drawing coalition forces into ambushes; using Red Cross vehicles to courier military instructions. These are serious violations of the laws of war.”

The Pentagon’s spokeswoman condemned Iraqi fighters for “perfidy or treachery.” She added, “Some liken these actions to terrorism.”

That the US should open up a public relations campaign that centers on denouncing the Iraqis for violating “the laws of war” is truly staggering, even by the perverse standards of the Washington lie machine. The principal law regarding warfare is that no nation has the right to wage an unprovoked war of aggression against another. It was a law that emerged out of two world wars, was codified at the Nuremberg trials of leading Nazis, and enshrined in the founding Charter of the United Nations.

It is this law that the Bush administration has violated, failing even to obtain the fig leaf of a United Nations resolution authorizing the use of force before sending an invading army into Iraq and bombarding its cities with cruise missiles, satellite-guided munitions and cluster bombs.

At Nuremberg, the first charge in the indictment against the surviving leaders of the Third Reich was conspiracy to wage aggressive war. The prosecutors reasoned that all of the other monstrous crimes carried out by the Nazi regime flowed from this essential one.

So too in Iraq. Whatever acts of brutality occur against the Iraqi people, and whatever the retaliation inflicted on American soldiers—they flow from the Bush administration’s illegal war of plunder. American troops would not be ambushed, killed or captured if they had not been sent to invade a country that had carried out no attack whatsoever on the US. The criminal responsibility rests with Washington, which conspired to launch this war and used the technique of the Big Lie to justify it.

Claims that Iraq represented a grave threat because of its supposed “weapons of mass destruction” were backed up with documents that US officials knew to be forgeries. Allegations that the Iraqi regime was somehow tied to those who carried out the terrorist attacks of September 11 were continuously repeated long after they were exposed as lies.

Perhaps the most obscene lie of all was told to American soldiers, who were assured that they were being sent to “liberate” Iraq and would be greeted by its people with ovations and flowers.

Instead, even as US and British commanders have attempted to skirt population centers, the invading forces have confronted relentless armed opposition from not only Iraqi soldiers and militiamen, but also from armed civilians. Lightly armed Iraqis have confronted heavily armored columns backed by helicopter gunships and fighter planes, and have suffered horrendous casualties. Reporters accompanying the US and British units report the roadsides to be littered with Iraqi bodies. Some acknowledge there is widespread popular hatred for the invaders.

US soldiers complain they are unable to distinguish friend from foe and, in many cases, have responded by firing on anything that moves in areas where they encounter resistance. As a result, Iraqi hospitals are overflowing with casualties, most of them women, children and old men.

The invaders too have suffered losses, though in far smaller numbers. The fear that a greater toll of US and British dead and wounded will turn the American public against this military adventure underlies the outrage expressed by Bush and the Pentagon over Iraqi tactics and, in particular, the filming of American POWs.

As many have pointed out, Washington taking umbrage over violations of the Geneva Conventions is the height of hypocrisy. US forces have freely allowed the filming of surrendering Iraqi troops who are forced to their knees, searched and herded behind barbed wire.

In Afghanistan, the US openly flouted the Geneva Conventions. It is holding Taliban forces incommunicado and brutalizing and humiliating them to the point that suicide attempts have reached epidemic proportions at the Guantanamo prison camp. Two prisoners have reportedly died from torture. There is also damning evidence that US forces participated in the massacre of some 3,000 Taliban supporters who surrendered to US-backed forces following the battle of Mazar-i-Sharif, not to mention the US bombing of the prison fortress itself, which resulted in the slaughter of some 800 captured Taliban troops.

The Geneva Conventions also bar the deliberate targeting of civilian installations, a proscription that the Pentagon acknowledges violating with its missile attacks directed against Iraqi television.

No doubt the Iraqis would prefer to wage the kind of “civilized” war being carried out by the US, but they lack cruise missiles and aircraft carriers that make it possible to kill large quantities of people from hundreds of miles away. Instead they have attempted to answer the US “shock and awe” campaign and demonstrate to the world that the US military is not all-powerful by airing film of the bodies of American troops and wounded and trembling American soldiers being questioned by their Iraqi captors.

“A violation of international law,” the US protests, threatening war crimes trials for those responsible. It will not, however, undertake such proceedings in the newly formed International Criminal Court. Washington has refused to recognize the institution for fear that it could find itself in the dock.

The fact that the US has illegally invaded Iraq with overwhelming military force is of no matter, the administration’s legal experts explain. “Who is right and who is wrong in a war, including who started it, does not matter,” said Ruth Wedgwood, a professor of international law at the Johns Hopkins University. “Even if you think the war is illegal, the rules of war still apply.” Often quoted for her legal expertise on why the US war of aggression is permissible, Ms. Wedgwood is a member of both the “Committee to Liberate Iraq” and the Pentagon’s Defense Policy Board. Her statements only confirm that defenders of US atrocities, prepared to offer up any sophistry or lie, can be readily found in the halls of academia.

The claim that the invaders and the invaded, the oppressor and the oppressed, must all be held to the same abstract legal and moral code is worthy only of contempt.

The complaints of armed Iraqis using ruses—including fake surrenders—to ambush American troops echo US denunciations of the National Liberation Front guerrillas during the Vietnam War. In that war too US officials claimed they were carrying out carefully targeted military strikes while working to win the “hearts and minds” of the people. The end result was a million Vietnamese dead, the killing of 55,000 American soldiers and a US debacle.

The same kinds of accusations were leveled by the French against the FLN rebels in Algeria and by the British against rebellious subjects in India, Africa and Iraq itself some 80 years ago, when Britain was attempting to colonize the area.

Enjoying overwhelming superiority of arms—in the Iraq of the 1920s the British army would call in strikes by warplanes equipped with mustard gas bombs—the invading, oppressor nations have always denounced the oppressed for failing to observe the norms of “civilized” warfare.

What they have condemned as “savage” and a “war crime” is their opponents’ use of their only advantage—that it is their country and their people and that they are more willing to die to defend it than the invader is to conquer it. Experience has shown that this advantage ultimately weighs more on the scales of history than superior military technology.

Even if the US-British invasion force succeeds in occupying Baghdad, Basra and all the other population centers in this country of 23 million—and at the moment this is by no means certain—they will face a protracted occupation and clashes that will claim the lives of American soldiers for years to come. Sooner rather than later, the combination of Iraqi resistance and the outrage of working people in America and around the world over this illegal war will force an ignominious end to the attempt to revive colonialism in the Middle East.



To: WaveSeeker who wrote (397427)4/23/2003 2:15:22 PM
From: sylvester80  Read Replies (1) | Respond to of 769670
 
Washington’s use and abuse of the Geneva Conventions
By Henry Michaels
29 March 2003

Media commentators, legal experts and human rights organizations internationally have rightly accused the Bush administration of brazen hypocrisy in threatening to indict Iraqi leaders as war criminals for displaying American prisoners of war on state television.

On March 23, following the news that US soldiers had been captured by Iraqi forces, President Bush declared: “We expect them to be treated humanely, just like we’ll treat any prisoners of theirs that we capture humanely.... If not, the people who mistreat the prisoners will be treated as war criminals.”

Defense Secretary Donald Rumsfeld added: “The Geneva Convention indicates that it’s not permitted to photograph and embarrass or humiliate prisoners of war.” British Prime Minister Tony Blair issued similar comments.

The American media have dutifully taken their cue and waxed indignant over Iraq’s alleged breach of the Geneva Conventions. After remaining silent on the US trashing of the Conventions in its treatment of Taliban soldiers captured in Afghanistan, the press and TV news channels have taken to pronouncing on the sanctity of the provisions on POWs. Academic “experts” have popped up on TV screens to denounce the Iraqis, without making any reference to Washington’s far more grievous violations of international law concerning the treatment of POWs.

It is not difficult to understand the worldwide disgust with the Bush administration’s newfound concern for international law. The White House and Pentagon have permitted “embedded” journalists serving with US units to photograph Iraqi POWs, whose faces and identities have been splashed all over the US media in the most humiliating and degrading manner, in clear violation of the 1949 Geneva Conventions.

Moreover, the US government has a record of flouting the authority of the International Court of Justice at The Hague. It ignored the court’s judgment against it in the 1980s for illegally mining Nicaraguan ports.

The Bush administration has gone further by rejecting the new International Criminal Court, which opened this month and is mandated to try individuals for genocide, crimes against humanity and violations of the laws of war. The US has demanded treaties with other countries not to prosecute American representatives for crimes against humanity

Only last week, Secretary of State Colin Powell demanded that Belgium change its war crimes legislation in order to halt a case against Powell, George Bush senior, Vice President Dick Cheney and former US army commander Norman Schwarzkopf for committing war crimes during the 1991 Gulf War. Washington fears a similar lawsuit is about to be made against George W. Bush for human rights violations and civilian deaths in the current war.

Lawyers Against the War, an international legal group, has accused the current Bush administration of “committing the supreme international crime, as defined by the Nuremberg Tribunal,” by launching an unprovoked assault on Iraq in defiance of the UN Security Council. According to one of the group’s founders, Professor Michael Mandel of Canada’s Osgoode Hall Law School, the Nuremberg International War Tribunal, which prosecuted Nazis leaders after World War II, said that “to initiate a war of aggression is the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole.”

The Bush administration is the world’s most egregious violator of the provisions of the Geneva Conventions regarding the treatment of prisoners of war. It is illegally holding hundreds of Taliban soldiers captured in Afghanistan at Guantanamo Bay in Cuba. When the first of the detainees arrived in Guantanamo in January 2002, the Pentagon released photographs and footage of them in orange jumpsuits, kneeling before US soldiers, shackled, handcuffed and wearing blacked-out goggles over their eyes and masks covering the mouth and nose. The images shocked world opinion, but Bush, Rumsfeld and Powell refused to recognize the detainees as POWs.

On the same day that Bush and Rumsfeld attacked Iraq’s filming of American POWs, about 30 more detainees were flown from Afghanistan to Cuba. According to Amnesty International, “This brought to about 660 the number of foreign nationals held in the base. They come from more than 40 countries. Most were taken into custody during the international armed conflict in Afghanistan. Some have been held in Guantánamo, without charge or trial, and without access to lawyers, relatives or the courts, for more than a year. Their treatment has flouted international standards.”

From the outset, the US government refused to have the status of the Taliban captives determined by a “competent tribunal,” as required under Article 5 of the Third Geneva Convention. It has unilaterally declared them to be “terrorists” and “unlawful combatants”—terms not used in the Conventions—even though they were fighting with the armed forces of the Taliban government, then the UN-recognized administration of Afghanistan, which was a signatory to the Conventions.

In its definition of POWs, Article 4 of the Conventions specifically includes “members of militias or volunteer corps forming part of “a country’s armed forces,” as well as “organized resistance movements” and inhabitants who “spontaneously take up arms to resist invading forces, without having had time to form themselves into regular armed units.”

Washington has maintained its stance despite condemnation by the UN Human Rights Commissioner, the Inter-American Commission on Human Rights, the UN Working Group on Arbitrary Detention, and the International Committee of the Red Cross (ICRC), the most authoritative body on the provisions of the Geneva Conventions.

The US continues to hold the Guantanamo detainees in barbaric conditions, most of them confined in tiny cells for 24 hours a day and reportedly allowed to “exercise” in shackles for only 30 minutes a week—another clear violation of the 1949 Conventions. Article 13 states: “Prisoners of war must at all times be humanely treated.” Article 25 states: “Prisoners of war shall be quartered under conditions as favorable as those for the forces of the Detaining Power who are billeted in the same area.” Article 21 prohibits close confinement, except to safeguard detainees’ health.

The detainees at Guantanamo remain in a legal black hole, unable to challenge the lawfulness of their detention and with no indication as to how long they will be held. At the government’s application, US federal courts have refused to accept jurisdiction over the prisoners, blocking their habeas corpus motions to be brought before a court. As a result, there have been numerous suicide attempts.

The Bush administration has also rejected an Amnesty International call for an inquiry into allegations of torture and ill-treatment by US personnel against alleged Taliban and Al Qaeda detainees held at the US Air Base in Bagram, Afghanistan. Autopsies revealed that two prisoners who died in the Bagram detention facility in December 2002 had sustained “blunt force injuries.” It has also been alleged that detainees have been subjected to “stress and duress” techniques, including hooding, prolonged standing in uncomfortable positions, sleep deprivation and 24-hour illumination.

In late November and early December 2001, US and British special forces in Afghanistan joined with troops loyal to Northern Alliance warlord General Rashid Dostum (now joint Deputy Defense Minister of Afghanistan) to massacre 400 to 800 non-Afghan Taliban supporters who had surrendered the previous day in Kunduz. The slaughter inside the Qala-i-Janghi fortress, which involved American air strikes, was justified on the grounds that the captives had staged an uprising, but all the evidence pointed to a one-sided killing spree. In any case, the Geneva Conventions prohibit reprisals and executions and ban the use of weapons against POWs, “especially those attempting to escape,” except in “extreme” circumstances.

Following the events at Qala-i-Janghi, the American Army command, together with Northern Alliance troops, were complicit in the killing and disposal of a further 3,000 prisoners, out of a total of 8,000 who surrendered after the battle of Kunduz.

For its part, the Iraqi regime has pledged to abide by the Geneva Conventions in its treatment of American POWs. Legal experts are divided on whether its televising of the US prisoners actually breached Article 13 of the Conventions, which was written before television and does not prohibit media footage or photographs. Its only relevant clause requires prisoners of war to be protected against “insults and public curiosity.” While condemning Iraq, well-known British lawyer Geoffrey Robertson conceded that the public display of prisoners may have the advantage of assuring relatives that they are alive.

Even if Iraq has infringed on the Conventions, the breach is insignificant compared to Washington’s far greater violations. Furthermore, implicit in the Bush administration’s statements is the threat to disregard the Conventions for the reported 3,500 Iraqi POWs it is holding, who could face treatment similar to that of the Taliban soldiers.

As the resistance of the Iraqi people makes more apparent the disastrous implications of the US-led invasion, American ruling circles are becoming more desperate and ready to resort to any accusations and any atrocities. The problem they face is that millions of people around the world, including many Americans, are increasingly studying the record, drawing their own conclusions and rejecting the lies and calumnies of not only the White House and the Pentagon, but of the American media as well.



To: WaveSeeker who wrote (397427)4/23/2003 2:15:49 PM
From: sylvester80  Respond to of 769670
 
Suddenly Bush believes in international law
By Steve Feldstein -- Special to The Bee

Published 2:15 a.m. PST Monday, March 31, 2003

On March 17, 48 hours before the United States would begin the invasion of Iraq, President Bush addressed the nation and laid out his reasons for war. In his speech, he issued a stern warning to Iraqi soldiers not to destroy oil wells. He emphasized that "war crimes will be prosecuted. War criminals will be punished. And it will be no defense to say I was just following orders." On March 21, Defense Secretary Donald Rumsfeld reiterated the message.

Thus in an ironic twist, an administration that was best known for un-signing its involvement in the International Criminal Court, and for its general disinterest in war crimes prosecutions, had suddenly adopted war crimes tribunals as a primary tool of foreign policy. The question now is whether, from a legal perspective, the United States is justified in prosecuting Iraqi soldiers who set oil wells ablaze. The short and somewhat surprising answer is: most likely, yes.

The United States is no stranger to war crimes tribunals. In fact, it is primarily responsible for ushering in the current age of postwar jurisprudence when it established tribunals in Nuremberg and Tokyo to hold Nazi and Japanese leaders accountable for their actions in World War II. Under the Nuremberg Charter, three categories of activities were grounds for prosecution: crimes against peace (whether recourse to war by a state was justified); crimes against humanity (whether civilians and other noncombatants were targeted); and war crimes (violations of the laws and customs of war, such as the treatment of prisoners of war).

Since Nuremberg, the International Criminal Tribunal for the former Yugoslavia was set up by the United Nations in 1993 to address war crimes in the Yugoslav conflict; the International Criminal Tribunal for Rwanda was established to address the aftereffects of genocide in Rwanda; and in July 2002, the International Criminal Court (ICC) was set up to prosecute alleged dictators and war criminals for the most serious crimes, including genocide. Each tribunal uses its own legal standard for determining what is and is not a war crimes violation.

I am using the legal standard set by the ICC in assessing whether the United States has a legitimate case against Iraqi soldiers who commit "crimes of oil." Even though the United States refuses to participate in the actual ICC system, the ICC's legal standard incorporates the Geneva Conventions and Genocide Convention (both signed by the United States), and is universally recognized as the legal standard for determining war crimes violations.

Within the category of war crimes, the ICC specifically prohibits: "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly." Under this standard, the Bush administration can indeed pursue a war crimes charge against responsible Iraqi soldiers. As long as it can prove that burning oil wells is not related to military necessity and is extrinsic to Iraqi defense efforts, then the charge should stick.

Nonetheless, something doesn't feel right about equating war crimes with oil well fires. Maybe it's because Saddam Hussein and his regime have committed international law violations, such as attacking the Kurds with chemical weapons and rampant and systematic torture of opponents and dissidents, that far exceed setting fires. Further, such an undue emphasis on crimes of oil raises again the question of whether the war really is about securing a stable and unfettered oil supply: Is the rhetoric about weapons of mass destruction and Saddam's bankrolling of terrorists just talk?

The Bush administration may have sufficient justification in international law to prosecute Iraqi soldiers for setting oil wells ablaze. That doesn't mean it should. The administration must be consistent -- if it decides to try crimes of oil, it must not overlook Saddam's alleged human rights abuses.

Another caution is, if the administration really wants to set up tribunals that are viewed as fair and legitimate, it must refrain from administering "victor's justice," where only Iraqi soldiers are tried with war crimes. Instead, it should hold all parties on the battlefield accountable for their actions -- and if U.S. soldiers commit atrocities, then they should face the law as well.

Finally, from an international law perspective, the United States should rethink its position of prosecuting war crimes while simultaneously refusing to participate in the ICC. Most of the world has signed onto the institution, viewing it as the best way to insure that war crimes are minimized and civilians left unharmed. The United States must remember that there is nothing more unjust than one-sided justice.



To: WaveSeeker who wrote (397427)4/23/2003 2:16:16 PM
From: sylvester80  Respond to of 769670
 
'How Bush kicked the [expletive] out of the Geneva Conventions'
Posted on Wednesday, March 26 @ 09:46:09 EST

By Paul Knox, Toronto Globe And Mail

"The people who mistreat the prisoners will be treated as war criminals." - George W. Bush

And so they should be. That video footage of U.S. soldiers being subjected to a humiliating public display and harsh interrogation -- possibly after beatings -- was disgusting. Iraqi soldiers should respect long-standing norms for treatment of prisoners of war, even though we know better than to expect the same from Saddam Hussein.

But nothing George Bush says on the subject of Geneva Conventions and international legal standards is likely to convince anyone. He has unleashed the greatest onslaught against international law of any U.S. president in living memory. He has torn up arms-control agreements and worked to sabotage the International Criminal Court. In his campaign against terrorism, he has not only flouted the venerable Geneva accords but sought to deny suspects the benefits of the law he is sworn to uphold.

Extensive U.S. press reports -- challenged only in the most general terms by the Bush administration -- have revealed that U.S. interrogators are using borderline torture techniques against suspected terrorists. The toughest methods are used at Bagram air force base in Afghanistan and on the Indian Ocean island of Diego Garcia. There, "stress and duress" tactics include sleep deprivation, questioning under pain and subjecting the suspects to extremes of cold or heat.

More disturbingly, U.S. officials acknowledge that some terror suspects have been turned over to countries such as Pakistan and Jordan, which Washington's own annual human-rights reports accuse of practising torture. "We don't kick the [expletive] out of them," one official told The Washington Post. "We send them to other countries so they can kick the [expletive] out of them." This despite the fact that the U.S. is a party, along with 131 other countries, to the 1987 convention against torture.

Mr. Bush insists on calling his counterterrorism campaign a war -- yet the hundreds of prisoners rounded up since September of 2001 are not accorded the status of prisoners of war under the Geneva Conventions. Hundreds have been held, incognito and without charge, for more than a year. The U.S. government says they are "unlawful combatants," subject to no laws whatsoever because they are neither U.S. citizens nor held on U.S. soil. It says it can hold them for as long as it wants, with no access to lawyers or judicial oversight. Shamefully, U.S. courts appear to agree.

The next time you see a video of captive U.S. troops in Iraq, spare a thought for the 18 Afghans released this month from the U.S. prison camp at Guantanamo Bay, Cuba. They showed up yesterday in Kabul -- cleared, for what it's worth, of suspicion.

One of them, Salaiman Shah, told Agence France-Presse that he'd been picked up in northern Afghanistan by forces of the savage warlord Abdul Rashid Dostum. He said he was tortured and kept for days without food before being turned over to U.S. forces, eventually spending 18 months in a two-metre-square cell at Guantanamo. Mr. Shah said he had no connection to the former Taliban regime or al-Qaeda, and apparently his U.S. interrogators eventually came to believe him.

Another prisoner, identified only as Bismillah, spent more than a year at Guantanamo. His crime was failing to answer when asked by U.S. interrogators in Afghanistan about the location of Taliban units. He's deaf, he said; he couldn't understand them.

This treatment of terrorism suspects falls far short of the standards Mr. Bush wants others to uphold. Here is the commitment the United States should make:

"We pledge to honour our obligations as a party to the Geneva Conventions and the International Convention Against Torture.

"Suspected terrorists captured by U.S. forces or agents outside U.S. territory will henceforth be treated either as prisoners of war under the Geneva Conventions, or in accordance with the laws and judicial precedents of the United States.

"Employees of the U.S. government and members of its armed forces are expressly prohibited from engaging in torture, condoning torture or acquiescing in the application of torture.

"Suspected terrorists and prisoners of war will only be transferred to the custody of other countries on condition they are not tortured. The United States will closely monitor their conditions of detention to ensure that torture is not used."

If Mr. Bush could bring himself to say that in public, his case against the Iraqis would be far more compelling.

pknox@globeandmail.ca

© 2003 Bell Globemedia Interactive Inc.



To: WaveSeeker who wrote (397427)4/23/2003 2:17:26 PM
From: sylvester80  Respond to of 769670
 
U.S. Decries Abuse but Defends Interrogations

washingtonpost.com

U.S. Decries Abuse but Defends Interrogations
'Stress and Duress' Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities

By Dana Priest and Barton Gellman
Washington Post Staff Writers
Thursday, December 26, 2002; Page A01

Deep inside the forbidden zone at the U.S.-occupied Bagram air base in Afghanistan, around the corner from the detention center and beyond the segregated clandestine military units, sits a cluster of metal shipping containers protected by a triple layer of concertina wire. The containers hold the most valuable prizes in the war on terrorism -- captured al Qaeda operatives and Taliban commanders.

Those who refuse to cooperate inside this secret CIA interrogation center are sometimes kept standing or kneeling for hours, in black hoods or spray-painted goggles, according to intelligence specialists familiar with CIA interrogation methods. At times they are held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights -- subject to what are known as "stress and duress" techniques.

Those who cooperate are rewarded with creature comforts, interrogators whose methods include feigned friendship, respect, cultural sensitivity and, in some cases, money. Some who do not cooperate are turned over -- "rendered," in official parlance -- to foreign intelligence services whose practice of torture has been documented by the U.S. government and human rights organizations.

In the multifaceted global war on terrorism waged by the Bush administration, one of the most opaque -- yet vital -- fronts is the detention and interrogation of terrorism suspects. U.S. officials have said little publicly about the captives' names, numbers or whereabouts, and virtually nothing about interrogation methods. But interviews with several former intelligence officials and 10 current U.S. national security officials -- including several people who witnessed the handling of prisoners -- provide insight into how the U.S. government is prosecuting this part of the war.

The picture that emerges is of a brass-knuckled quest for information, often in concert with allies of dubious human rights reputation, in which the traditional lines between right and wrong, legal and inhumane, are evolving and blurred.

While the U.S. government publicly denounces the use of torture, each of the current national security officials interviewed for this article defended the use of violence against captives as just and necessary. They expressed confidence that the American public would back their view. The CIA, which has primary responsibility for interrogations, declined to comment.

"If you don't violate someone's human rights some of the time, you probably aren't doing your job," said one official who has supervised the capture and transfer of accused terrorists. "I don't think we want to be promoting a view of zero tolerance on this. That was the whole problem for a long time with the CIA."

The off-limits patch of ground at Bagram is one of a number of secret detention centers overseas where U.S. due process does not apply, according to several U.S. and European national security officials, where the CIA undertakes or manages the interrogation of suspected terrorists. Another is Diego Garcia, a somewhat horseshoe-shaped island in the Indian Ocean that the United States leases from Britain.

U.S. officials oversee most of the interrogations, especially those of the most senior captives. In some cases, highly trained CIA officers question captives through interpreters. In others, the intelligence agency undertakes a "false flag" operation using fake decor and disguises meant to deceive a captive into thinking he is imprisoned in a country with a reputation for brutality, when, in reality, he is still in CIA hands. Sometimes, female officers conduct interrogations, a psychologically jarring experience for men reared in a conservative Muslim culture where women are never in control.

In other cases, usually involving lower-level captives, the CIA hands them to foreign intelligence services -- notably those of Jordan, Egypt and Morocco -- with a list of questions the agency wants answered. These "extraordinary renditions" are done without resort to legal process and usually involve countries with security services known for using brutal means.

According to U.S. officials, nearly 3,000 suspected al Qaeda members and their supporters have been detained worldwide since Sept. 11, 2001. About 625 are at the U.S. military's confinement facility at Guantanamo Bay, Cuba. Some officials estimated that fewer than 100 captives have been rendered to third countries. Thousands have been arrested and held with U.S. assistance in countries known for brutal treatment of prisoners, the officials said.

At a Sept. 26 joint hearing of the House and Senate intelligence committees, Cofer Black, then head of the CIA Counterterrorist Center, spoke cryptically about the agency's new forms of "operational flexibility" in dealing with suspected terrorists. "This is a very highly classified area, but I have to say that all you need to know: There was a before 9/11, and there was an after 9/11," Black said. "After 9/11 the gloves come off."

According to one official who has been directly involved in rendering captives into foreign hands, the understanding is, "We don't kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them." Some countries are known to use mind-altering drugs such as sodium pentathol, said other officials involved in the process.

Abu Zubaida, who is believed to be the most important al Qaeda member in detention, was shot in the groin during his apprehension in Pakistan in March. National security officials suggested that Zubaida's painkillers were used selectively in the beginning of his captivity. He is now said to be cooperating, and his information has led to the apprehension of other al Qaeda members.

U.S. National Security Council spokesman Sean McCormack declined to comment earlier this week on CIA or intelligence-related matters. But, he said: "The United States is treating enemy combatants in U.S. government control, wherever held, humanely and in a manner consistent with the principles of the Third Geneva Convention of 1949."

The convention outlined the standards for treatment of prisoners of war. Suspected terrorists in CIA hands have not been accorded POW status.

Other U.S. government officials, speaking on condition of anonymity, acknowledged that interrogators deprive some captives of sleep, a practice with ambiguous status in international law.

The U.N. High Commissioner for Human Rights, the authoritative interpreter of the international Convention Against Torture, has ruled that lengthy interrogation may incidentally and legitimately cost a prisoner sleep. But when employed for the purpose of breaking a prisoner's will, sleep deprivation "may in some cases constitute torture."

The State Department's annual human rights report routinely denounces sleep deprivation as an interrogation method. In its 2001 report on Turkey, Israel and Jordan, all U.S. allies, the department listed sleep deprivation among often-used alleged torture techniques.

U.S. officials who defend the renditions say the prisoners are sent to these third countries not because of their coercive questioning techniques, but because of their cultural affinity with the captives. Besides being illegal, they said, torture produces unreliable information from people who are desperate to stop the pain. They look to foreign allies more because their intelligence services can develop a culture of intimacy that Americans cannot. They may use interrogators who speak the captive's Arabic dialect and often use the prospects of shame and the reputation of the captive's family to goad the captive into talking.

'Very Clever Guys'
In a speech on Dec. 11, CIA director George J. Tenet said that interrogations overseas have yielded significant returns recently. He calculated that worldwide efforts to capture or kill terrorists had eliminated about one-third of the al Qaeda leadership. "Almost half of our successes against senior al Qaeda members has come in recent months," he said.

Many of these successes have come as a result of information gained during interrogations. The capture of al Qaeda leaders Ramzi Binalshibh in Pakistan, Omar al-Faruq in Indonesia, Abd al-Rahim al-Nashiri in Kuwait and Muhammad al Darbi in Yemen were all partly the result of information gained during interrogations, according to U.S. intelligence and national security officials. All four remain under CIA control.

Time, rather than technique, has produced the most helpful information, several national security and intelligence officials said. Using its global computer database, the CIA is able to quickly check leads from captives in one country with information divulged by captives in another.

"We know so much more about them now than we did a year ago -- the personalities, how the networks are established, what they think are important targets, how they think we will react," said retired Army general Wayne Downing, the Bush administration's deputy national security adviser for combating terrorism until he resigned in June.

"The interrogations of Abu Zubaida drove me nuts at times," Downing said. "He and some of the others are very clever guys. At times I felt we were in a classic counter-interrogation class: They were telling us what they think we already knew. Then, what they thought we wanted to know. As they did that, they fabricated and weaved in threads that went nowhere. But, even with these ploys, we still get valuable information and they are off the street, unable to plot and coordinate future attacks."

In contrast to the detention center at Guantanamo Bay, where military lawyers, news reporters and the Red Cross received occasional access to monitor prisoner conditions and treatment, the CIA's overseas interrogation facilities are off-limits to outsiders, and often even to other government agencies. In addition to Bagram and Diego Garcia, the CIA has other secret detention centers overseas, and often uses the facilities of foreign intelligence services.

Free from the scrutiny of military lawyers steeped in the international laws of war, the CIA and its intelligence service allies have the leeway to exert physically and psychologically aggressive techniques, said national security officials and U.S. and European intelligence officers.

Although no direct evidence of mistreatment of prisoners in U.S. custody has come to light, the prisoners are denied access to lawyers or organizations, such as the Red Cross, that could independently assess their treatment. Even their names are secret.

This month, the U.S. military announced that it had begun a criminal investigation into the handling of two prisoners who died in U.S. custody at the Bagram base. A base spokesman said autopsies found one of the detainees died of a pulmonary embolism, the other of a heart attack.

Al Qaeda suspects are seldom taken without force, and some suspects have been wounded during their capture. After apprehending suspects, U.S. take-down teams -- a mix of military special forces, FBI agents, CIA case officers and local allies -- aim to disorient and intimidate them on the way to detention facilities.

According to Americans with direct knowledge and others who have witnessed the treatment, captives are often "softened up" by MPs and U.S. Army Special Forces troops who beat them up and confine them in tiny rooms. The alleged terrorists are commonly blindfolded and thrown into walls, bound in painful positions, subjected to loud noises and deprived of sleep. The tone of intimidation and fear is the beginning, they said, of a process of piercing a prisoner's resistance.

The take-down teams often "package" prisoners for transport, fitting them with hoods and gags, and binding them to stretchers with duct tape.

Bush administration appointees and career national security officials acknowledged that, as one of them put it, "our guys may kick them around a little bit in the adrenaline of the immediate aftermath." Another said U.S. personnel are scrupulous in providing medical care to captives, adding in a deadpan voice, that "pain control [in wounded patients] is a very subjective thing."

'We're Not Aware'
The CIA's participation in the interrogation of rendered terrorist suspects varies from country to country.

"In some cases [involving interrogations in Saudi Arabia], we're able to observe through one-way mirrors the live investigations," said a senior U.S. official involved in Middle East security issues. "In others, we usually get summaries. We will feed questions to their investigators. They're still very much in control."

The official added: "We're not aware of any torture or even physical abuse."

Tenet acknowledged the Saudis' role in his Dec. 11 speech. "The Saudis are proving increasingly important support to our counterterrorism efforts -- from making arrests to sharing debriefing results," he said.

But Saudi Arabia is also said to withhold information that might lead the U.S. government to conclusions or policies that the Saudi royal family fears. U.S. teams, for that reason, have sometimes sent Saudi nationals to Egypt instead.

Jordan is a favored country for renditions, several U.S. officials said. The Jordanians are considered "highly professional" interrogators, which some officials said meant that they do not use torture. But the State Department's 2001 human rights report criticized Jordan and its General Intelligence Directorate for arbitrary and unlawful detentions and abuse.

"The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions and extended solitary confinement," the 2001 report noted. Jordan also is known to use prisoners' family members to induce suspects to talk.

Another significant destination for rendered suspects is Morocco, whose general intelligence service has sharply stepped up cooperation with the United States. Morocco has a documented history of torture, as well as longstanding ties to the CIA..

The State Department's human rights report says Moroccan law "prohibits torture, and the government claims that the use of torture has been discontinued; however, some members of the security forces still tortured or otherwise abused detainees."

In at least one case, U.S. operatives led the capture and transfer of an al Qaeda suspect to Syria, which for years has been near the top of U.S. lists of human rights violators and sponsors of terrorism. The German government strongly protested the move. The suspect, Mohammed Haydar Zammar, holds joint German and Syrian citizenship. It could not be learned how much of Zammar's interrogation record Syria has provided the CIA.

The Bush administration maintains a legal distance from any mistreatment that occurs overseas, officials said, by denying that torture is the intended result of its rendition policy. American teams, officials said, do no more than assist in the transfer of suspects who are wanted on criminal charges by friendly countries. But five officials acknowledged, as one of them put it, "that sometimes a friendly country can be invited to 'want' someone we grab." Then, other officials said, the foreign government will charge him with a crime of some sort.

One official who has had direct involvement in renditions said he knew they were likely to be tortured. "I . . . do it with my eyes open," he said.

According to present and former officials with firsthand knowledge, the CIA's authoritative Directorate of Operations instructions, drafted in cooperation with the general counsel, tells case officers in the field that they may not engage in, provide advice about or encourage the use of torture by cooperating intelligence services from other countries.

"Based largely on the Central American human rights experience," said Fred Hitz, former CIA inspector general, "we don't do torture, and we can't countenance torture in terms of we can't know of it." But if a country offers information gleaned from interrogations, "we can use the fruits of it."

Bush administration officials said the CIA, in practice, is using a narrow definition of what counts as "knowing" that a suspect has been tortured. "If we're not there in the room, who is to say?" said one official conversant with recent reports of renditions.

The Clinton administration pioneered the use of extraordinary rendition after the bombings of U.S. embassies in Kenya and Tanzania in 1998. But it also pressed allied intelligence services to respect lawful boundaries in interrogations.

After years of fruitless talks in Egypt, President Bill Clinton cut off funding and cooperation with the directorate of Egypt's general intelligence service, whose torture of suspects has been a perennial theme in State Department human rights reports.

"You can be sure," one Bush administration official said, "that we are not spending a lot of time on that now."

Staff writers Bob Woodward, Susan Schmidt and Douglas Farah, and correspondent Peter Finn in Berlin, contributed to this report.



To: WaveSeeker who wrote (397427)4/23/2003 2:18:18 PM
From: sylvester80  Respond to of 769670
 
Freed Afghan prisoner claims torture by U.S. interrogators

thestar.com

Mar. 14, 2003. 09:22 PM

PESHAWAR, Pakistan (AP) — There was a thin layer of ice on the dirt floor of his cell.

His interrogators, U.S. soldiers, ordered him to strip.

"Everything," they said.

"Take everything off."

As he shivered, naked in his cell, two men threw a bucket of ice cold water on him.

"I couldn't say anything," Saif-ur Rahman said two weeks after his release from U.S. detention in Afghanistan.

"I was so frightened. I didn't know what they would do next."

Rahman's account and that of another recently freed Afghan gave a rare first-hand look into interrogation of prisoners held by the United States in the war against terrorism. Human rights groups have criticized U.S. interrogation methods as abusive. Two prisoners died in December after being beaten at a prison in Bagram Air Base, the U.S. military headquarters in Afghanistan.

The U.S. military defended its methods and insisted they do not constitute torture, specifically challenging the accounts by Rahman and another former prisoner, Abdul Qayyum.

Access to the sprawling two-storey prison compound at Bagram, north of the Afghan capital Kabul, is closely guarded. A three-metre-high external wall and coils of barbed wire on the ground ring the building. Sheet metal and wooden slabs cover the windows.

In separate interviews, two prisoners — Rahman and Qayyum — offered similar accounts of their time at Bagram's detention centre. They complained of sleep-deprivation, of being forced to stand for long periods of time, of humiliating taunts from women soldiers, screaming abuses at them through closed doors.

Rahman spoke slowly, explaining with gestures. Sometimes he would stop, look away seemingly embarrassed to talk about his nakedness, about how he was forced to lie spread eagle on the dirt floor while his interrogators placed a chair on either hand and on his feet.

For 20 straight days Rahman was handcuffed. At meal time his hands were tied but the constraints more relaxed. Qayyum said he was held in a large hall with about 100 prisoners — 10 people to a cubicle cordoned off from other similar cubicles by sheets of mesh. He was held for two months and five days and throughout that time was forbidden to talk to his cellmates.

At Bagram on Friday, U.S. Military Spokesman Roger King denied much of Rahman's and Qayyum's allegations.

"Some of the stuff they are saying sounds like partial truths, some of it's completely bogus," he said.

"They were stripped naked probably to prevent them from sneaking weapons into the facility. That's why someone may be stripped," King said.

He also dismissed the charge of mistreatment with cold water.

"We do force people to stand for an extended period of time...Disruption of sleep has been reported as an effective way of reducing people's inhibition about talking or their resistance to questioning," King said.

A "common technique" involves either keeping lights on constantly or waking prisoners every 15 minutes to disorient them and keep them wondering about the hour of the day, he said.

"They are not allowed to speak to one another. If they do, they can plan together or rely on the comfort of one another," King said.

"If they're caught speaking out of turn, they can be forced to do things — like stand for a period of time — as payment for speaking out."

Human rights organizations have criticized the detentions and conditions at Bagram and Guantanomo, Cuba. An Afghan human rights worker, who spoke on condition of anonymity, interviewed more than 20 Afghan former detainees who said they were stripped and ordered to sit and kneel naked in awkward positions for hours while they were questioned.

Last week, U.S. military coroners ruled the deaths of two prisoners at Baghram — on Dec. 3 and Dec. 10 — as homicides. The men had been beaten and one had a blood clot in his lung. As yet, no charges have been brought.

Amnesty International called the methods "humiliating and degrading."

"It is very clear that all of those treatments — — prolonged restraints and sleep-deprivation that results from leaving the lights on — — while it might not always rise to the standard of torture, it certainly is humiliating and degrading," Alistair Hodgett, spokesman for Amnesty International in Washington, said in a telephone interview on Friday.

Hodgett said the U.S. State Department's report on Human Rights last year criticized Iran, Saudi Arabia and Turkey for similar treatment of prisoners.

Both Rahman and Qayyum were both taken prisoner in the northeastern province in Kunar — Rahman in December, Qayyum in August.

Qayyum was captured in a widely publicized arrest of Haji Ruhollah Wakil, a leader of small religious party, and 13 others. Wakil is still in Bagram, along with his lieutenant Saber Lal, said Qayyum. Rahman was arrested even though he had been a prominent supporter of U.S. troops in Kunar since the fall of the Taliban in 2001.

Both were flown out of Kunar by helicopter, their hands tied and eyes covered.

In Rahman's case, the helicopter first landed at Jalalabad in eastern Afghanistan. It was there he was stripped naked and doused in ice water. His interrogators — — two men with two dogs — — were American. After 24 hours he was sent to the two-storey detention center at Bagram where Qayyum was also held.

For the first 20 days Rahman was alone in a room on the second floor of the building. On the first floor, Qayyum was held in the larger room, divided by wire mesh into cubicles. Each prisoner was given a red suit to wear, two blankets and a carpet on which to sleep. The lights were always on. Prisoners were allowed to wash once a week for five minutes. The toilet was a bucket.

Qayyum said interrogations were carried out on the second floor, where prisoners were led hooded and handcuffed.

At one point, Rahman said, his interrogators threatened to send him to Guantanamo, Cuba.

"One of them brought me 50 small stones and said 'count these stones.' When I finished he said: `We will send you there (Guantanamo) for 50 years."'

"I was sad (about being arrested) because I was the enemy of Al Qaeda and Taliban. I was not the criminal. I fought the Taliban," Rahman said.

After the Taliban's fall, Rahman — along with his brother Malik Zareen, a prominent commander in the U.S-allied northern alliance — seized control of Kunar for the allies in their war on terror.

Now he says he is too embarrassed to say he was arrested by the U.S. forces.

"I tell everyone I was in Kabul to visit Karzai. I don't tell anyone I was in Bagram," he said.

"They would laugh at me. At Bagram, Taliban prisoners would shout at me: `These are your friends. This is what happens to friends of the Americans."'

Upon their release, Rahman and Qayyum said their captors told them the same thing: "We are here to help you. The Taliban and Al Qaeda are your enemy."

"They destroyed your country."



To: WaveSeeker who wrote (397427)4/23/2003 2:18:45 PM
From: sylvester80  Read Replies (1) | Respond to of 769670
 
Guantanamo prisoners 'kept in cages'

news.ninemsn.com.au

AFP - A group of 18 Afghans released from a US detention centre at Guantanamo Bay, Cuba, told how they were kept in tiny cages and subjected to interrogations for more than a year to prove their innocence.

In an impromptu press conference in Kabul, some of the 18 described how they suffered brutal treatment at the hands of Afghan jailers before being transferred to Guantanamo as suspected al-Qaeda or Taliban fighters.

The men, who returned to Afghanistan last week, were only the second batch of prisoners released from the controversial US detention centre, which holds hundreds captured during an international coalition campaign in Afghanistan.

Dressed in traditional Afghan shalwar kameez baggy trousers and overshirt, topped with US-issue blue sweatshirts, the heavily-bearded men said they were unfairly arrested and forced to suffer an arduous journey to regain freedom.

"I am innocent, I had nothing to do with the Taliban," said Salaiman Shah, who said he was working as a used car trader when he was seized by troops who accused him of fighting alongside the hardline militia.

He said he was initially detained in the notorious Sherberghan prison in northern Afghanistan by troops loyal to US-allied warlord General Abdul Rashid Dostam.

"At Sherberghan life was inhuman, all the prisoners had diarrhoea, some had tuberculosis, there was no food for days at a time and we were subjected to beatings and torture."

Shah said he and the others were transferred to US control at Kandahar air base in southern Afghanistan before being taken to Guantanamo, where he said treatment was harsh but better.

Fellow prisoner Murtaza, who like many Afghans has only one name, described being cooped up in cages in Guantanamo, sometimes hooded and handcuffed, during a seemingly interminable detention.

"Initially they told us it would take one month for the investigation and we would be released immediately if we were proven innocent.

"We spent two months in Sherberghan, five months in Kandahar, and more than one year in Guantanamo and finally now they release us because we are innocent.

"In Guantanamo we were in two-metre long cages. Some of us were interrogated 20 times, others 50 times, others 60. But the food was good and they did not beat us."

Murtaza, 30, admitted he was fighting with the Taliban when he was arrested in northern Kunduz province, but said he had been forced to join the militia.

A third prisoner, Bismillah, of central Uruzgan province, claimed he was mistakenly arrested because he is hard of hearing.

"At 2am at night Americans came to our house and asked me to show them where the Taliban are. Since I am deaf, I couldn't understand what they said so they arrested me. It took them more than a year to realise I am innocent."



To: WaveSeeker who wrote (397427)4/23/2003 2:19:08 PM
From: sylvester80  Respond to of 769670
 
Afghans reveal Guantanamo ordeal

news.bbc.co.uk

Tuesday, 25 March, 2003, 19:06 GMT

Afghan prisoners released from US detention in Guantanamo Bay, Cuba, have told of being kept in small cages and interrogated dozens of times to try to prove links to al-Qaeda or the Taleban.
The 18 men returned to Afghanistan last week.

Most did not complain about conditions at the US base, but were angry at the way they were arrested and at what they said was brutal treatment by Afghan jailers before they left.

They also condemned how long it took to prove their innocence.

The men are only the second batch to leave Guantanamo Bay since October, when three men were freed.

'Beatings and torture'

One man, Salaiman Shah, said he was a used-car salesman accused by troops of fighting with the Taleban.

He said he was held at the notorious Sherberghan prison in northern Afghanistan by troops loyal to warlord General Abdul Rashid Dostam.

Some of us were interrogated 20 times, others 50 times, others 60

Murtaza, ex-prisoner

"At Sherberghan life was inhuman, all the prisoners had diarrhoea, some had tuberculosis, there was no food for days at a time and we were subjected to beatings and torture."

Mr Shah said the treatment at Guantanamo Bay was harsh but better.

A second returnee, Murtaza, said prisoners were sometimes hooded and handcuffed in their two-metre by two-metre cages in Cuba.

"Some of us were interrogated 20 times, others 50 times, others 60. But the food was good and they did not beat us," he said.

"Initially they told us it would take one month for the investigation and we would be released immediately if we were proven innocent.

"We spent two months in Sherberghan, five months in Kandahar, and more than one year in Guantanamo and finally now they release us because we are innocent."

Mr Murtaza said he had been forced to fight with the Taleban.

Deaf

Sher Gulab, from Jalalabad, said he did not have a hard time in Cuba "because God was with me".

He was caught while working as a labourer in Pakistan.

"I am not angry at the Americans, but I am angry at the Pakistanis because they arrested me," he said.

A fourth man, Bismillah, said he was arrested as an al-Qaeda suspect because he was deaf and could not understand the Americans' questions.

Guantanamo Bay still holds 660 detainees, many arrested in Afghanistan.

Washington describes them as unlawful combatants who can be held indefinitely without trial.