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Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
The Abu Ghraib Convictions: a Miscarriage of Justice
Buffalo Public Interest Law Journal Volume 32 Article 4 9-1-2013 The Abu Ghraib Convictions: A Miscarriage of Justice Robert Bejesky Follow this and additional works at: https://digitalcommons.law.buffalo.edu/bpilj Part of the Human Rights Law Commons, and the Military, War, and Peace Commons Recommended Citation Robert Bejesky, The Abu Ghraib Convictions: A Miscarriage of Justice, 32 Buff. Envtl. L.J. 103 (2013). Available at: https://digitalcommons.law.buffalo.edu/bpilj/vol32/iss1/4 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Public Interest Law Journal by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE ABU GHRAIB CONVICTIONS: A MISCARRIAGE OF JUSTICE ROBERT BEJESKYt I. INTRODUCTION ..................... ..... 104 II. IRAQI DETENTIONS ...............................107 A. Dragnet Detentions During the Invasion and Occupation of Iraq.........................107 B. Legal Authority to Detain .............. ..... 111 C. The Abuse at Abu Ghraib .................... 116 D. Chain of Command at Abu Ghraib ..... ........ 119 III. BASIS FOR CRIMINAL CULPABILITY ..... ..... 138 A. Chain of Command ....................... 138 B. Systemic Influences ....................... 140 C. Reduced Rights of Military Personnel and Obedience to Authority ................ ..... 143 D. Interrogator Directives ................ .... -
Historical Dictionary of Air Intelligence
Historical Dictionaries of Intelligence and Counterintelligence Jon Woronoff, Series Editor 1. British Intelligence, by Nigel West, 2005. 2. United States Intelligence, by Michael A. Turner, 2006. 3. Israeli Intelligence, by Ephraim Kahana, 2006. 4. International Intelligence, by Nigel West, 2006. 5. Russian and Soviet Intelligence, by Robert W. Pringle, 2006. 6. Cold War Counterintelligence, by Nigel West, 2007. 7. World War II Intelligence, by Nigel West, 2008. 8. Sexspionage, by Nigel West, 2009. 9. Air Intelligence, by Glenmore S. Trenear-Harvey, 2009. Historical Dictionary of Air Intelligence Glenmore S. Trenear-Harvey Historical Dictionaries of Intelligence and Counterintelligence, No. 9 The Scarecrow Press, Inc. Lanham, Maryland • Toronto • Plymouth, UK 2009 SCARECROW PRESS, INC. Published in the United States of America by Scarecrow Press, Inc. A wholly owned subsidiary of The Rowman & Littlefield Publishing Group, Inc. 4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706 www.scarecrowpress.com Estover Road Plymouth PL6 7PY United Kingdom Copyright © 2009 by Glenmore S. Trenear-Harvey All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publisher. British Library Cataloguing in Publication Information Available Library of Congress Cataloging-in-Publication Data Trenear-Harvey, Glenmore S., 1940– Historical dictionary of air intelligence / Glenmore S. Trenear-Harvey. p. cm. — (Historical dictionaries of intelligence and counterintelligence ; no. 9) Includes bibliographical references. ISBN-13: 978-0-8108-5982-1 (cloth : alk. paper) ISBN-10: 0-8108-5982-3 (cloth : alk. paper) ISBN-13: 978-0-8108-6294-4 (eBook) ISBN-10: 0-8108-6294-8 (eBook) 1. -
“Global War on Terror” Darryl Li
Darryl Li / A Universal Enemy? DRAFT – 6 August 2009 A UNIVERSAL ENEMY?: LEGAL REGIMES OF EXCLUSION AND EXEMPTION UNDER THE “GLOBAL WAR ON TERROR” * DARRYL LI This essay argues that the ongoing U.S.-driven “Global War on Terror” stands apart from similar state campaigns in its special focus on confronting “foreign fighters” – armed transnational non-state Islamists operating outside their home countries – in places where the U.S. is no less foreign. This global hunt for foreign fighters animates diverse attempts to exclude similarly “out of place” Muslim migrants and travelers from legal protection by reshaping laws and policies on interrogation, detention, immigration, and citizenship. Yet at the same time, certain other outsiders – namely the U.S. and its allies – enjoy various forms of exemption from local legal accountability. This essay illustrates this braided logic of exclusion and exemption by juxtaposing the problems of extraordinary rendition and military contractor impunity in both post-war Bosnia- Herzegovina and post-invasion Iraq. This framework – which predates and will likely outlast the Bush administration – undermines the rule of law and state-building efforts and occludes crucial questions surrounding the legitimacy of how U.S. global power is exercised. This essay employs treaties, Bosnian, Iraqi, and U.S. statutes, cases, and regulations to reframe post-Cold War debates about nation-building and post-9/11 arguments about the laws of war. CONTENTS INTRODUCTION .................................................................................................................... 1 I. FOREIGN FIGHTER, MUSLIM OUT OF PLACE, UNIVERSAL ENEMY: THE ENDURING LOGIC OF THE “GLOBAL WAR ON TERROR”.................................................................................... 5 A. The Foreign Fighter as Figure of Threat.................................................................... 8 B. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, SECOND SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, SECOND SESSION Vol. 150 WASHINGTON, WEDNESDAY, JUNE 23, 2004 No. 88—Part II Senate (Legislative day of Tuesday, June 22, 2004) NATIONAL DEFENSE AUTHORIZA- port was not included as part of the stantive support to these personnel and TION ACT FOR FISCAL YEAR President’s budget request and was not their families. 2005—Continued authorized within the bill now before Mrs. DOLE. I thank the distinguished Mrs. DOLE. Mr. President, I wonder the Senate. It is my understanding Chairman. Given this concurrence on if I might engage the distinguished that the decision to not include the Na- the importance of ensuring necessary Chairman in a brief colloquy. tional Demonstration Program for Cit- and effective support for our National Mr. WARNER. Certainly. izen-Soldier Support in the FY05 De- Guard and Reserve families, I ask the Mrs. DOLE. I thank my colleagues. fense Authorization bill was not made Chairman if he would be willing to sup- Mr. President, as a member of the Per- with prejudice to the program but, port my effort to bring this proposed sonnel Subcommittee, I am acutely rather, was based on the emerging na- Demonstration Program for Citizen- sensitive to the enormous challenges ture of the structure and deliverables Soldier Support to the attention of the confronting our National Guard and associated with this program—a pro- appropriate Department of Defense of- Reserve forces, and their families, as gram that is focusing on how to best fices. -
BLACK SIGHTS by Michael Mccanne, June 1, 2018
BLACK SIGHTS By Michael McCanne, June 1, 2018 In December 2003, Macedonian police detained an unemployed German car salesman named Khaled el-Masri as he entered the country for vacation. They held him in a hotel room for twenty-three days, interrogating him about terrorism. Then he was blindfolded and shackled, injected with drugs, and put on a plane. When he came to, he was in a dark concrete cell and the air outside felt warmer than it had in Eastern Europe. He eventually learned that he was in Afghanistan, in the Salt Pit—a former brick factory northwest of Kabul that had been converted into a secret prison. The CIA took custody of el-Masri because his name was nearly identical to that of an Al Qaeda operative. After five months of brutal interrogations, his captors realized their mistake, put him back on a plane—blindfolded and shackled—and flew him to Albania. They left him on a rural road near the border.1 After 9/11, the Bush Administration set up a network of sites around the world to hold suspected terrorists outside the protection of US law. Some were kept secret, like the Salt Pit, while others quickly became infamous, like Guantánamo Bay. The CIA created a system to snatch terror suspects and transport them to these prisons, a process called extraordinary rendition. Two recent photobooks offer an aesthetic record of this extrajudicial apparatus. Debi Cornwall’s Welcome to Camp America: Inside Guantánamo Bay focuses on that detention center, while Edmund Clark and Crofton Black’s Negative Publicity: Artefacts of Extraordinary Rendition focuses on the now-defunct network of CIA secret prisons known as “black sites.” Welcome to Camp America operates by way of delicate juxtaposition. -
Prosecuting Abuses of Detainees in U.S. Counter- Terrorism Operations
International Center for Transitional Justice CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations An ICTJ Policy Paper November 2009 Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda Cover Image: Redacted page (52) from Counterterrorism Detention and Interrogation Activities (September 2001-October 2003), a May 2004 Special Review by the CIA’s Office of the Inspector General. Portions of that report have been declassified through litigation by the American Civil Liberties Union and other organizations under the Freedom of Information Act. The Bush administration released a few paragraphs and lines of the report in May 2008 and the Obama administration went considerably further in an August 2009 reclassification. Regardless, this page and many others, including all of the In- spector General’s recommendations, remain classified as of this writing. Ques- tions persist about the full scope of abuses under U.S. policies on rendition, de- tention and interrogation. ICTJ’s policy paper relies on declassified information and other reporting to make the case for a thorough criminal investigation of abuses in counterterrorism policy and operations. Such an investigation must include those parts of the “dark side” still hidden from public view. CRIMINAL JUSTICE FOR CRIMINAL POLICY: Prosecuting Abuses of Detainees in U.S. Counter- terrorism Operations November 2009 An ICTJ Policy Paper Carolyn Patty Blum, Lisa Magarrell, Marieke Wierda International Center for Transitional Justice ICTJ New York 5 Hanover Square, 24th Floor New York, NY 10004 Tel + 1 917 637 3800 Fax + 1 917 637 3900 About ICTJ About the U.S. Accountability Project The International Center for Transitional Justice works The U.S. -
Exhibits Attached to Arguments on Admissibility, Declaration of Mohammed Abdullah Saleh Al-Asad, and Declaration of Zahra Ahmed Mohamed
BEFORE THE AFRICAN COMMISSION FOR HUMAN & PEOPLES’ RIGHTS 49th ORDINARY SESSION: APRIL-MAY 2011 COMMUNICATION NO. 383/2010 In the matter between: MOHAMMED ABDULLAH SALEH AL-ASAD and DJIBOUTI EXHIBITS ATTACHED TO ARGUMENTS ON ADMISSIBILITY, DECLARATION OF MOHAMMED ABDULLAH SALEH AL-ASAD, AND DECLARATION OF ZAHRA AHMED MOHAMED EXHIBITS The United Republic of Tanzania Departure Declaration Card, 27 December 2003…….A Center for Human Rights and Global Justice, On the Record: U.S. Disclosures on Rendition, Secret Detention, and Coercive Interrogation (New York: NYU School of Law, 2008)………………………………………………………………………………..B Letter to the Attorney General of Djibouti, 31 March 2009…….….…..…….…….….…C United Nations Human Rights Council, 13th Session, Joint Study on Global Practices in Relation to Secret Detention in the Context of Countering Terrorism, U.N. Doc. A/HRC/13/42 (19 February 2010)………………………………………………………. D Republic v. Director of Immigration Services, ex parte Mohammed al-Asad (Habeas Corpus petition), High Court of Tanzania, 17 June 2004………………………………...E Amnesty International, United States of America: Below the radar- Secret flights to torture and ‘disappearance,’ 5 April 2006……………………………………………….F Prepared Remarks of Treasury Secretary John Snow to Announce Joint U.S. and Saudi Action Against Four Branches of Al-Haramain in the Financial War on Terror, JS-1107, 22 January 2004…………………………………………………………………………..G Henry Lyimo, Guardian (Dar es Salaam), Yemenis, Italians Expelled, 30 December 2003…………………………………………………………………………………...….H Roderick Ndomba, Daily News (Dar es Salaam), Dar Deports 2,367 Aliens, 30 December 2003……...……………………………..………………………………………………….I International Committee of the Red Cross, ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody, 2007…………………………..……….……...J International Seismological Centre Earthquake Data…………………………………….K U.S. -
551 the Constitution Project
Index “24” (TV series), 253, 258, 335–36 as gateway to Guantánamo, 33–35, 65–68 519th Military Intelligence Battalion, 63, 70, 104, 107 National Directorate of Security (NDS), 23, 83, 276, 322–26 A rendition, role in, 173–74 Aamer, Shaker, 47–48 black sites, 72–74, 172–73, 177–79 Abdulmutallab, Umar Farouk (“underwear bomber”), 265, Afghanistan Independent Human Rights Commission 319 (AIHRC), 24, 81, 83, 322, 324, 326 Abu Ghraib, 105–8 Afifi (Nik Abd-al Rahman bin Mustapha), 255 see also al-Jamadi, Manadel; Fay Report; Miller Report; Agiza, Ahmed, 165, 172, 175, 196, 200 Taguba Report Ahmed, Ibrahim Saeed, see al-Kuwaiti changes after Abu Ghraib, 114–16 al-Ani, Ibrahim Khalid Samir, 87–88 effect on U.S. policy, 7 al-Asad, Mohammed, 194, 198 England, Lynndie, 106 Al Farooq (training camp), 60 Frederick, Ivan, 106, 108 al-Faruq, Omar, 178 Graner, Charles, 95–96, 106–9 al-Ghuraba, see Ghuraba cell medical personnel and BSCTs, 224–26 al-Hajj, Sami, 40, 47, 64, 69, 227–28, 288, 291 mental effects, 291 al Hawsawi, Mustafa, 169 physical effects, 287–88 Al-Husayn, see Abu Zubaydah reactions, 339 al-Jamadi, Manadel (“Ice Man”), 95–97, 179–80 Alberto Mora, 46 responses to death of, 21, 101, 330–31 ICRC and Christophe Girod, 51–55 al-Kuwaiti, Abu Ahmed (Ibrahim Saeed Ahmed), 245–47 setup of interrogation operations, 104–5 Allbright, Ben, 111, 277 Abu Zubaydah (Zayn Al-Abedin Muhammed Al-Husayn) Allen, John, 326 CIA’s psychological assessment, 142 Allen, Mark, 272 interrogation techniques al-Libi, Abu Faraj, 188, 245–46 and medical professionals’ -
Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage
Volume 60 Issue 3 Article 5 11-1-2015 Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage Joseph Pugliese Follow this and additional works at: https://digitalcommons.law.villanova.edu/vlr Part of the National Security Law Commons Recommended Citation Joseph Pugliese, Transcendence in the Animal: Guantanamo's Regime of Indefinite Detention and the Open in the Cage, 60 Vill. L. Rev. 573 (2015). Available at: https://digitalcommons.law.villanova.edu/vlr/vol60/iss3/5 This Article is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Villanova Law Review by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. \\jciprod01\productn\V\VLR\60-3\VLR305.txt unknown Seq: 1 15-OCT-15 8:57 2015] Pugliese: Transcendence in the Animal: Guantanamo's Regime of Indefinite De TRANSCENDENCE IN THE ANIMAL: GUANTANAMO’S´ REGIME OF INDEFINITE DETENTION AND THE OPEN IN THE CAGE JOSEPH PUGLIESE* N the closing pages of an essay in which Penny Pether tracks her unwa- Ivering “pursuit of the unspeakable,” she abruptly shifts location from Australia to Charlottesville, Virginia. Visiting Thomas Jefferson’s house, Monticello, she describes a scene that continues to haunt her: Monticello itself is dwarfed by the vast underground warren of rooms where slaves worked to keep the house going, its domestic beauty seeming like a lovely poisoned fungus feeding on hidden corruption. The enslaved -
Download This Report
By the Numbers Findings of the Detainee Abuse and Accountability Project HUMAN RIGHTS WATCH April 2006 Volume 18, No. 2(G) By the Numbers Findings of the Detainee Abuse and Accountability Project Summary..........................................................................................................................................1 By the Numbers .............................................................................................................................6 Analysis............................................................................................................................................9 Criminal Punishments: Verdicts and Sentencing..................................................................9 Officers’ Liability Under the Command Responsibility Doctrine ...................................11 Reliance on Non-judicial Hearings and Punishment .........................................................13 Investigative Failures...............................................................................................................17 Recommendations .......................................................................................................................23 Appendix A: Chart of Key Statistics.........................................................................................24 Appendix B: Sample Homicide Cases Documented by Human Rights First ....................25 Summary Two years ago, revelations about the abuse of detainees in U.S. custody at Abu Ghraib prison in Iraq shocked -
Guantanamo Bay Fair Trial Manual: Excerpts
[Page Numbers for these Excerpts -- Page 1 of 152] [Printed 14 June 2019] [Prelimonary Draft - Still Begin Researched and Edited] Page 1 GTMO Bay Fair Trial Manual (Excerpts) www.GitmoObserver.com [8 August 2017, 6:15 pm] Guantanamo Bay Fair Trial Manual: Excerpts The Guantanamo Bay Fair Trial Manual1 is a two-volume resource of over 500 pages. It is available in print and online at The Gitmo Observer (gitmoobserver.com).2 This excerpted version of the Manual is designed to assist you in preparing for Military Commission hearings. It is not intended to replace the full version, which you are encouraged to read to help make it easier to fulfill any remit you may have in attending or monitoring hearings. The following Manual chapters and resources are reproduced in these Manual Excerpts. Chapter I Preface: Explains the early roots & purposes of the Guantanamo Bay Fair Trial Manual Chapter II: How to Use the Guantanamo Bay Fair Trail Manual Chapter IV: Abbreviations (helpful with alphabet soup of military jargon) Chapter V: What is the Right to a Fair Trial?: (identifies stakeholders; U.S. & international law) Chapter VI: Roles & Responsibilities of NGO Observers at GTMO Chapter VII: Background & Brief History of the GTMO U.S. Military Commissions Chapter VIII: General Information About the Case to be Observed (a checklist use as you prepare) Rights – Selected (Right to be Presumed Innocent (Category A); Right to Trial by Competent, Independent & Impartial Tribunal (Category D); Right to Public Proceedings (Category P)) Rights & Interests of NGO Observers (Category XVII) Rights & Interests of JTF-GTMO (Category XIV) Glossary: U.S.