DOCSLIB.ORG

Table of Contents

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Table of Contents TABLEOFCONTENTS Introduction......................................................................................................1 Tortureandill-treatmentgoeson.....................................................................3 Tortureandill-treatmentinIraqidetentionfacilities......................................4 UndertheeyesoftheMultinationalForce....................................................8 ThelegacyoftheAbuGhraibprisonscandal.............................................10 Withoutchargeortrial–detentionbytheMultinationalForce .......................16 LegalbackgroundtodetentionsbytheMultinationalForce .......................18 Reviewprocess..........................................................................................21 ReviewforinterneesheldbytheUSforces............................................22 ReviewforinterneesheldbytheUKforces............................................24 Lengthofinternment ..................................................................................25 Treatmentofinternees ...............................................................................28 Accesstotheoutsideworld........................................................................31 Visitsbyrelatives....................................................................................32 Visitsbylegalcounsel ............................................................................33 Visitsbymonitoringbodies.....................................................................33 Secretandunacknowledgeddetention...................................................35 Internmentofwomenandchildren .............................................................38 “HighValue”Detainees ..............................................................................39 Insufficientsafeguardsfordetainees–nolessonslearned? .........................41 AmnestyInternationalRecommendations .....................................................44 TotheIraqiauthorities................................................................................44 TogovernmentsofcountriescontributingtotheMNF–inparticulartheUS andtheUK .................................................................................................46 AIIndex:MDE14/001/2006 AmnestyInternationalMarch2006 BeyondAbuGhraib: detentionandtortureinIraq “Ihavelostayearandahalfofmylife” 43-year-oldformersecuritydetaineeandfatherofthreedaughtersfollowinghis releaseinSeptember2005;heallegedthathewasill-treated whileheldinUSdetentioninIraq. Introduction NearlythreeyearsafterUnitedStates(US)andalliedforcesinvadedIraqandtoppled thegovernmentofSaddamHussain,thehumanrightssituationinthecountryremains dire.ThedeploymentofUS-ledforcesinIraqandthearmedresponsethatengendered has resulted in thousands of deaths of civilians and widespread abuses amid the ongoingconflict. As Amnesty International has reported elsewhere 1 , many of the abuses occurringtodayarecommittedbyarmedgroupsopposedtotheUS-ledMultinational Force(MNF)andtheIraqigovernmentthatitunderpins.Armedgroupscontinueto wage an uncompromising war marked by their disregard for civilian lives and the basicrulesof international humanitarian law.Theycommitsuicideandotherbomb attacks which either target civilians or while aimed at military objectives are disproportionate in terms of causing civilian casualties, and they abduct and hold victims hostage, threatening and often taking their lives. Amnesty International condemns these abuses, some of which are so egregious as to constitute crimes against humanity, in addition to war crimes, and continues to call on Iraq’s armed groups to cease such activities and abide by basic requirements of international humanitarianlaw. Inthisreport,AmnestyInternationalfocusesonanotherpartoftheequation, specifically its concerns about human rights abuses for which the US-led MNF is directly responsible and those which are increasingly being committed by Iraqi security forces. The record of these forces, including US forces and their United Kingdom(UK)allies, isanunpalatableone.Despitethepre-warrhetoricandpost- invasion justifications of US and UK political leaders, and their obligations under 1AmnestyInternational,Iraq:Incoldblood:abusesbyarmedgroups,25July2005,AIIndex:MDE 14/009/2005. AIIndex:MDE14/001/2006 AmnestyInternationalMarch2006 2 BeyondAbuGhraib:detentionandtortureinIraq internationallaw,fromtheoutsettheoccupyingforcesattachedinsufficientweightto humanrightsconsiderations.Thisremainsthepositionevenifthe violations bythe MNFthatarethesubjectofthisreportdonothavethesamegraphic,shockqualityas the images that emerged in April 2004 and February 2006 showing inmates being tortured and humiliated by US guards at Baghdad’s Abu Ghraib prison and Iraqi youthbeingbeatenbyUKtroopsaftertheywereapprehendedduringariot.Thesame failuretoensuredueprocessthatprevailedthen,however,and facilitated-perhaps even encouraged such abuses – is evidenced today by the continuing detentions withoutchargeortrialofthousandsofpeopleinIraqwhoareclassifiedbytheMNF as“securityinternees”. TheMNFhasestablishedprocedureswhichdeprivedetaineesofhumanrights guaranteed in international human rights law and standards. In particular,the MNF denies detainees their right to challenge the lawfulness of their detention before a court.Someofthedetaineeshavebeenheldforovertwoyearswithoutanyeffective remedy or recourse; others have been released without explanation or apology or reparationaftermonthsindetention,victimsofasystemthatisarbitraryandarecipe forabuse. Manycasesoftortureandill-treatmentofdetaineesheldinfacilitiescontrolled bytheIraqiauthoritieshavebeenreportedsincethehandoverofpowerinJune2004. Amongothermethods,victims have beensubjectedtoelectricshocksorhavebeen beaten with plastic cables. The picture that is emerging is one in which the Iraqi authoritiesaresystematicallyviolatingtherightsofdetaineesinbreachofguarantees containedbothinIraqilegislationandininternationallawandstandards–including therightnottobetorturedandtobepromptlybroughtbeforeajudge. AmnestyInternationalisconcernedthatneithertheMNFnorIraqiauthorities haveestablishedsufficientsafeguardstoprotectdetaineesfromtortureorill-treatment. Itisparticularlyworryingthat,despitereportsoftortureorill-treatmentbyUSand UKforcesandtheIraqiauthorities,forthousandsofdetaineesaccesstotheoutside world continues to be restricted or delayed. Under conditions where monitoring of detentionfacilitiesbyindependentbodiesisrestricted–notleast,duetotheperilous security situation – measures which impose further limitations on the contact detaineesmayhavewithlegalcounselorrelativesincreasetheriskthattheywillbe subjecttotortureorotherformsofabuse. AmnestyInternationaliscallingontheIraqi,USandUKauthorities,whoboth operate detention facilities where persons detained by the MNF are held, to take AmnestyInternationalMarch2006 AIIndex:MDE14/001/2006 BeyondAbuGhraib:detentionandtortureinIraq 3 urgent,concretestepstoensurethatthefundamentalhumanrightsofalldetaineesin Iraqarerespected.Inparticular,theseauthoritiesmusturgentlyputinplaceadequate safeguards to protect detainees from tortureor ill-treatment. This includes ensuring that all allegations of such abuse are subject to prompt, thorough and independent investigation and that any military, security or other officials found to have used, ordered or authorized torture are brought to justice. It includes too ensuring that detaineesareableeffectivelytochallengetheirdetentionbeforeacourt;therightto dosoconstitutesafundamentalsafeguardagainstarbitrarydetentionandtortureand ill-treatment,andisoneofthenon-derogablerightswhichstatesareboundtouphold inallcircumstances,evenintimeofwarornationalemergency.2 Tortureandill-treatmentgoeson KarimR3,a47-yearoldimamandpreacher(khatib),wasdetainedandtorturedby US forces in 2003 and then by Iraqi forces in 2005. On each occasion, he was subsequently released uncharged. He told Amnesty International that he was first detainedinOctober2003byUSforcesinBaghdad,wherehelivesandisheadofa charity.Hewasinsulted,blindfolded,beatenandsubjectedtoelectricshocksfroma stun gun (taser) by US troops at a detention facility in the Kadhimiya district of Baghdad.Aftersevendaysofdetention,hewasreleasedwithoutcharges. KarimRwasagaindetainedinMay2005for16days–thistimebyforcesof theIraqiInteriorMinistryatadetentionfacilitytheyoperatedinBaghdad.Duringthis detention,hewasblindfoldedandthenbeatenandsubjectedtoelectricshockswhile beinghungupinamannerdesignedtocausehimexcruciatingpain.HetoldAmnesty International: “Theytiedmyhandstothebackwithacable.Therewasaninstrumentwitha chainwhichwasattachedtotheceiling.Whentheyswitcheditonthechain pulledmeuptotheceiling.Becausethehandsaretiedtothebackthisiseven morepainful(…)Afterwardstheythrewwaterovermeandtheyusedelectric shocks.Theyconnectedthecurrenttomylegsandalsotootherpartsofmy body.(…)ThefirsttimetheysubjectedmetoelectricshocksIfaintedfor40 secondsoroneminute.Itfeltlikefallingfromabuilding.Ihadaheadacheand was not able to walk. The interrogator said: You better confess to terrorist activities, in orderto save your life. I responded that I was not involved in theseactivitiesandthatIhadaheartcondition.(…)Latertheyforcedmeto 2HumanRightsCommittee,GeneralComment29:StatesofEmergency,UNDoc. CCPR/C/21/Rev.1/Add.11,paras7and16. 3Attheperson’srequestthenameisnotpublishedinthisreport. AmnestyInternationalMarch2006 AIIndex:MDE14/001/2006 4 BeyondAbuGhraib:detentionandtortureinIraq confess on camera. They asked questions claiming that I was aterrorist but theydidnotevengivemethechancetoreply.They
Load more

Recommended publications
  • An Unprecedented Threat to Civil Liberties: an Essay in Honor Of
    Chemerinsky: An Unprecedented Threat to Civil Liberties: An Essay in Honor of AN UNPRECEDENTED THREAT TO CIVIL LIBERTIES: AN ESSAY IN HONOR OF NADINE STROSSEN Erwin Chemerinsky* I. INTRODUCTION I have heard it said that one does not need many heroes if one chooses wisely. Nadine Strossen is one of my heroes. In addition to being a dear friend, she is my role model of a person who combines being a committed teacher, an accomplished scholar, and an activist for social justice. About fifteen years ago, we attended a conference in San Antonio and took a long walk along the River Walk. As we did, she mentioned that she was thi,nking of running to be president of the American Civil Liberties Union ("ACLU") to replace Norman Dorsen, who led the organization so successfully for many years. As a long-time ACLU member, I was thrilled to hear this and said that I could not imagine anyone in the country who would be better. Her accomplishments as ACLU president have been enormous and have exceeded what anyone could possibly have imagined. I am honored to have been included in this symposium in Nadine's honor. As I considered_ a topic, I decided I wanted to focus on the war on terrorism and civil liberties. Without a doubt, the greatest threats to civil liberties during Nadine's presidency of the ACLU have been the events since September 11, 200 I. The unprecedented attack on American soil combined with a presidential administration totally insensitive to considerations of civil liberties have combined to create profound threats to individual liberties.
    [Show full text]
  • Jefferson and Cyrus
    photo source: www.kdhamptons.com photo source: Bruno Barbey Monticello, the Mausoleum of Cyrus the Great Home of Thomas Jefferson ca. 530 BC * JEFFERSON AND CYRUS HOW THE FOUNDING FATHERS OF AMERICA, IN THEIR OWN WORDS, WERE INSPIRED BY CYRUS THE GREAT : A SYNOPSIS Richard N. Frye, Harvard University and Afshin Zand, Independent Scholar Summer 2013. www.richardfrye.org © Richard Frye and Afshin Zand, 2013. 2nd Edition, Feb 2014. Though twenty‐three centuries apart in time, continents apart in space, their systems of republican and monarchical government ostensibly diametric opposites of each other, the Founding Fathers of America and the founders of the Iranian state were close in the realm of ideas ‐ ideas that underlie systems of governance vying to institute liberty and justice. America’s Founding Fathers were avid readers of Cyrus’s biography, the Cyropaedia, written by a student of Socrates, Xenophon, being the masterpiece among his works. Leaders at any age stand to benefit from inspiration, which plants its seeds for later manifestation and realization. Such inspiration that the Founding Fathers drew from Cyrus, amidst all the ancient and modern sources they were exposed to, was because they found his ideas and aspirations resonating with their own inmost beliefs, values and convictions. The Cyropaedia describes Cyrus’s character, that made him into an ideal ruler. It is an exposition of timeless qualities of leadership. It has since served as the World’s manual of leadership, from Alexander, Scipio, Cicero, Caesar, Machiavelli who read and drew inspiration from it, so on to our times. In the estimation of Peter Drucker, widely recognized as the father of modern management science, the first book on leadership was still the best.
    [Show full text]
  • Riggers Support the War Fighter's Mission Er's Mission
    Vol. 2, Issue 27 Proudly serving Logistics Support Area Anaconda July 17, 2005 RiggerRiggerss supporsupportt thethe WWarar FightFighter’ser’s missionmission By Spc. Jerome Bishop Staff writer Inside a dark, spacious warehouse on Logistics Support Area Anaconda, nine Soldiers are making their contribution to an upcoming operation taking place hundreds of miles away. The Soldiers are parachute riggers with the 623rd Quartermaster Company in support of the 372nd Transportation Company, 129th Corps Support Battalion, 507th Corps Support Group, and their mission – to prepare two week’s worth of rations and water to be air-dropped to sustain operations in Iraq. “Right now we’re loading Meals, Ready to Eat for ongoing operations,” said Staff Sgt. Matthew Hanrahan, air operations sergeant for the 623rd QM Co. “The most important thing is we’re taking people off the road by doing this. The key is sustaining the people who are setting up this operation with 15 days worth of food,” he said. “We’ll be dropping almost 4,000 cases of MREs,” Hanrahan said. “This is the only mission that has been dictated to us so far. As the operation moves on, that will dictate what we drop.” The supplies being loaded aren’t the only ones that will be dropped during the course of an operation. The riggers are prepared to get more supplies ready as time goes on. “Once [the unit we’re supplying] gets established,” Hanrahan said, “we’ll move on to support a different group.” Since their deployment started this past December, the Soldiers of the 623rd QM Co., had little opportunity to serve as parachute riggers.
    [Show full text]
  • ARTAN Daily" W , Thc.Partandall, ,,Iii VOLUME 125, NUMBER 17 Serving San Jose State University Since 1934 NIONDAY, SEPTEMBER 26, 2005
    ARTAN DAILy" w , thc.partandall, ,,Iii VOLUME 125, NUMBER 17 Serving San Jose State University since 1934 NIONDAY, SEPTEMBER 26, 2005 Men's soccer, "Slumber Party," Sports Page Opinion Page 2 Students meet new wingman Aviation department fills new director position BY CHRISTINE BARKER Pat Backer is the depart- ment s hair." Desautel said. "At San Jose State Unisersits 's an (relational level. I is irk in aviation program Is taking iitt is oh collaboi,ition is ith lii Backer and the addition of .1 new position, di- as lath in its it to pros isle stron- rector of aviation. tor the Fall 2005 ger to, its tot ilw is Raton program, semester. to improve external relationships "The Po ivist has asked and seri ices to students. to otter Emeritus Professor and former expanded guidance to students and chair sit Aerospace Engineering Dr. faculty and tsit erease program ef- Dick I iesautel to assist in ,Xv iation fectiveness this semester.- stated the depart- Desautel has years of expert- ment sit aviation and techniilogy 's en, e under his belt, mainly in en- Web site. gineering. but has a familiarity and The Engineering Dean Belle understanding of as tattoo, Wei. Vice Provost Charles 'When formulating the new Whitcomb and Proyost Carmen SISI aerospace engineering pro- DIANA DIROY DAILY STAFF Sigler announced the new posi- gram as its director during 1985 to tion to aviation students in an Aug. 1987, I relied in part on the avia- There's always room for cello ... 24 meeting. said Pam Bohner. an tion curriculum.- Desautel said.
    [Show full text]
  • Responses to the Ten Questions Jeffrey Kahn
    William Mitchell Law Review Volume 36 Article 4 Issue 5 Journal of the National Security Forum 2010 Responses to the Ten Questions Jeffrey Kahn Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Part of the Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Kahn, Jeffrey (2010) "Responses to the Ten Questions," William Mitchell Law Review: Vol. 36: Iss. 5, Article 4. Available at: http://open.mitchellhamline.edu/wmlr/vol36/iss5/4 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Kahn: Responses to the Ten Questions RESPONSES TO THE TEN QUESTIONS Jeffrey Kahnt 1. WOULD PRESIDENT OBAMA HAVE THE AUTHORITYTO HOLD A U.S. CITIZEN WITHOUT CHARGE IN A MILITARY BRIG FOR SIX MONTHS IF THAT CITIZEN-WHO LIVES IN MINNESOTA-IS SUSPECTED OF LINKS TO AL QAEDA FOLLOWING A ONE-MONTH TRIP TO SOMALIA? I. INTRODUCTION .................................................................... 5041 II. THE NON-DETENTION ACT .................................................. 5046 III. EXECUTIVE POWER, INDIVIDUAL LIBERTY, AND THE LAW OF ARMED CONFLICT ........................................................... 5050 IV. CONCLUSION ................................................................... 5057 I. INTRODUCTION No, because this citizen does not appear to be an enemy com- batant. If the citizen were an enemy combatant, then the answer might still be no because the question strongly implies detention without access to a neutral decisionmaker of a citizen seized in the United States and outside of a zone of hostilities subject to the law of armed conflict.
    [Show full text]
  • Fezana Journal
    FEZANA JOURNAL Summer 2006, Tabestan 1375 YZ Mah Tir-Amardad-Sherevar 1375 YZ (Fasli) Mah Bahman-Asfandarmad 1375 YZ, Fravardin 1376 YZ (Shenshai) Mah Asfandarmad 1375 YZ, Fravardin-Ardibehesht 1376 YZ (Kadmi) ● SUMMER 2006 AncientAncie I Treasures A bronze sword with “Ohrmazd” engraved in Old Persian can be found at the National Museum of Iran. The sword dates back to circa 1000 B.C. Also Inside: FEZANA ELECTIONS AND AGM Newly-elected FEZANA officials DUTY CALLS Zarathushtis in Service RUN FOR THE DOLLAR These Zarthushtis “Walk the Talk” EXCAVATIONS The Lost Treasures PUBLICATION OF THE FEDERATION OF ZOROASTRIAN ASSOCIATIONS OF NORTH AMERICA FEZANA JOURNAL INSIDE THIS ISSUE PUBLICATION OF THE FEDERATION OF ZOROASTRIAN ASSOCIATIONS OF Vol 19 No 3 SUMMER 2006 TABESTAN 1375 YZ NORTH AMERICA http://www.fezana.org EDITORIAL Dolly Dastoor 2 EDITOR -IN-CHIEF : Dolly Dastoor FEZANA UPDATES [email protected] PRESIDENT Rustom Kevala 3 PAST PRESIDENT Firdosh Mehta 5 Technical Assistant: Coomi Gazdar SECRETARY Rita Engineer 6 CONSULTANT EDITOR : FINANCIAL CORNER Jerry Kheradi 7 Lylah M. Alphonse CRITICALLY SPEAKING 8 CALENDER OF FESTIVALS 9 [email protected] COMING EVENTS 10 GRAPHICS AND LAYOUT: FEZANA AGM-ATLANTA, 2006 11 Shahrokh Khanizadeh PROFILES OF OFFICERS 23 [email protected] NAMC ANNUAL MEETING 25 COVER DESIGN: 10TH ZARATHUSHTI GAMES 26 Hallie Schoff and Feroza Fitch, SCHOLARSHIPS AVAILABLE 28 Lexicon Graphics NEWS FROM THE ASSOCIATIONS 31 [email protected] EVENTS AND HONOURS 41 ARYA ZARTOSHT, BEZAN IRANI, DR KETAYUN DINSHAW, COLUMNISTS: SHAHROKH MEHTA, ERICKA VOHUMAN, Between the covers: Hoshang Shroff [email protected] ROSHAN BHAPPU, NORTH AMERICAN SCENE 44 Business: Homi Davier DUTY CALLS Aban Rustomji 44 [email protected] MAKE LEVEES NOT WAR Zaneeta E.
    [Show full text]
  • The Last Minstrel Show - Racial Profiling, the Arw on Terrorism and the Mass Media
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OpenCommons at University of Connecticut University of Connecticut OpenCommons@UConn Connecticut Law Review School of Law 2009 The Last Minstrel Show - Racial Profiling, the arW on Terrorism and the Mass Media John Tehranian Follow this and additional works at: https://opencommons.uconn.edu/law_review Recommended Citation Tehranian, John, "The Last Minstrel Show - Racial Profiling, the arW on Terrorism and the Mass Media" (2009). Connecticut Law Review. 17. https://opencommons.uconn.edu/law_review/17 CONNECTICUT LAW REVIEW VOLUME 41 FEBRUARY 2009 NUMBER 3 Article The Last Minstrel Show? Racial Profiling, the War on Terrorism and the Mass Media JOHN TEHRANIAN This Article examines and critiques media portraits of the Middle East and Middle-Eastern Americans by tracing the alarming impact of this last minstrel show on public policy and the war on terrorism The Article begins by analyzing racial profiling’s problematic discourse of legitimation, deracinating its unsound roots and charting the intricate relationship between representation and reality in the narration of the Middle-Eastern threat, especially after 9/11. The Article then examines the instrumental role of the mass media in both ossifying and perpetuating stereotypes that have rationalized policies targeting individuals of Middle- Eastern descent. Drawing on specific examples from the movies, television, music, publishing and advertising, the Article highlights the accretive impact of entertainment content on the epistemology of fear and the grave and underappreciated toll of such representations on the Middle-Eastern American community. Finally, the Article also calls for some modest but concrete reforms in the entertainment industry as a starting point for providing more balanced depictions of the Middle East and of Middle- Eastern Americans.
    [Show full text]
  • IN the UNITED STATES DISTRICT COURT for the DISTRICT of COLUMBIA NUMAN ADNAN AL-KABY, Detainee, Camp Cropper Baghdad, Iraq by Hi
    IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NUMAN ADNAN AL-KABY, Detainee, Camp Cropper Baghdad, Iraq By His Next Friends; HAIDER AL-SAEDY, CYRUS KAR, As Next friends of Numan Adnan Al-Kaby; 1616 Beverly Blvd. Los Angeles, California 90026 Petitioners, v. No. 05-cv- GEORGE W. BUSH, President of the United States The White House 1600 Pennsylvania Ave., N.W. Washington, D.C. 20500; DONALD RUMSFELD, Secretary, United States Department of Defense 1000 Defense Pentagon Washington, D.C. 20301-1000 FRANCIS J. HARVEY, Secretary of the Army 101 Army Pentagon Room 3E-506 Washington, D.C. 20310-0101 Respondents. PETITION FOR WRIT OF HABEAS CORPUS INTRODUCTION 1. Numan Adnan Al-Kaby, a long-term lawful permanent resident of the United States and a refugee from Iraq, is presently being held indefinitely and virtually incommunicado in the custody of the United States at Camp Cropper, a detention facility operated by the United States near Baghdad, Iraq, without access to counsel and without being afforded any fair process whatsoever by which he might effectively challenge his detention. Although a military court at Camp Cropper cleared Mr. Al-Kaby of all charges and declared him an “Innocent Civilian” more than six weeks ago, he continues to be held in solitary confinement. The government’s refusal to give effect to an adjudication of innocence is unheard of in our system of justice and eviscerates the bedrock assumptions of our constitutional democracy. Left uncorrected, this system becomes one wherein an individual is not innocent until proven guilty but guilty even after being proven innocent.
    [Show full text]
  • Thomas Jefferson and Cyrus the Great
    photo source: www.kdhamptons.com photo source: Bruno Barbey Monticello, the Mausoleum of Cyrus the Great Home of Thomas Jefferson ca. 530 BC * JEFFERSON AND CYRUS HOW THE FOUNDING FATHERS OF AMERICA, IN THEIR OWN WORDS, WERE INSPIRED BY CYRUS THE GREAT SYNOPSIS OF UPCOMING BOOK Richard N. Frye, Harvard University and Afshin Zand, Independent Scholar Summer 2013. www.richardfrye.org © Richard Frye and Afshin Zand, 2013. 2nd Edition, Feb‐March 2014. Though twenty‐three centuries apart in time, continents apart in space, their systems of republican and monarchical government ostensibly diametric opposites of each other, the Founding Fathers of America and the founders of the Iranian state were close in the realm of ideas ‐ ideas that underlie systems of governance vying to institute liberty and justice. America’s Founding Fathers were avid readers of Cyrus the Great’s biography, the Cyropaedia, written by a student of Socrates, Xenophon, being the masterpiece among his works. Leaders at any age stand to benefit from inspiration, which plants its seeds for later manifestation and realization. Such inspiration that the Founding Fathers drew from Cyrus, amidst all the ancient and modern sources they were exposed to, was because they found his ideas and aspirations resonating with their own, with their inmost beliefs, values and convictions. The Cyropaedia describes Cyrus’s character, that made him into an ideal ruler. It is an exposition of timeless qualities of leadership. Thus it has since served as the World’s manual of leadership, from Alexander, Scipio, Cicero, Caesar, Machiavelli who read and drew inspiration from it, so on to our times.
    [Show full text]
  • Petition for Cert
    No. 12- IN THE Supreme Court of the United States DONALD VANCE AND NATHAN ERTEL, Petitioners, v. DONALD RUMSFELD, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI ARTHUR LOEVY MICHAEL KANOVITZ* JON LOEVY GAYLE HORN STEVEN ART DAVID B. OWENS LOEVY & LOEVY 312 N. May St. Suite 100 Chicago, IL 60607 (312) 243-5900 [email protected] Counsel for Petitioners *Counsel of Record 245555 QUESTIONS PRESENTED Whether the federal courts may entertain damages claims brought by civilian American citizens who have been tortured by their own military when a post-deprivation damages remedy is the only means to vindicate their constitutional rights. Whether Ashcroft v. Iqbal, 556 U.S. 662 (2009), imposes a heightened mental-state requirement in all constitutional tort cases against supervising government officials or, alternatively, whether deliberate indifference remains a sufficiently culpable mental state to establish a supervisor’s personal responsibility for certain constitutional violations. (i) ii PARTIES TO THE PROCEEDINGS Donald Vance and Nathan Ertel were plaintiffs in the district court and appellees in the court of appeals, and are Petitioners in this Court. Donald Rumsfeld, former Secretary of Defense of the United States, was a defendant in his individual capacity in the district court and an appellant in the court of appeals, and is Respondent in this Court. The United States was a defendant in the district court and an appellant in the court of appeals, but Petitioners are not seeking review of their claim against the United States.
    [Show full text]
  • Fezana Journal
    FEZANA JOURNAL Summer 2006, Tabestan 1375 YZ Mah Tir-Amardad-Sherevar 1375 YZ (Fasli) Mah Bahman-Asfandarmad 1375 YZ, Fravardin 1376 YZ (Shenshai) Mah Asfandarmad 1375 YZ, Fravardin-Ardibehesht 1376 YZ (Kadmi) ● SUMMER 2006 Ancient Treasures A bronze sword with “Ohrmazd” engraved in Old Persian can be found at the National Museum of Iran. The sword dates back to circa 1000 B.C. Also Inside: FEZANA ELECTIONS AND AGM Newly-elected FEZANA officials DUTY CALLS Zarathushtis in Service RUN FOR THE DOLLAR These Zarthushtis “Walk the Talk” EXCAVATIONS The Lost Treasures PUBLICATION OF THE FEDERATION OF ZOROASTRIAN ASSOCIATIONS OF NORTH AMERICA FEZANA JOURNAL INSIDE THIS ISSUE PUBLICATION OF THE FEDERATION OF ZOROASTRIAN ASSOCIATIONS OF Vol 19 No 3 SUMMER 2006 TABESTAN 1375 YZ NORTH AMERICA http://www.fezana.org EDITORIAL Dolly Dastoor 2 EDITOR -IN-CHIEF : Dolly Dastoor FEZANA UPDATES [email protected] PRESIDENT Rustom Kevala 3 PAST PRESIDENT Firdosh Mehta 5 Technical Assistant: Coomi Gazdar SECRETARY Rita Engineer 6 CONSULTANT EDITOR : FINANCIAL CORNER Jerry Kheradi 7 Lylah M. Alphonse CRITICALLY SPEAKING 8 CALENDER OF FESTIVALS 9 [email protected] COMING EVENTS 10 GRAPHICS AND LAYOUT: FEZANA AGM-ATLANTA, 2006 11 Shahrokh Khanizadeh PROFILES OF OFFICERS 23 [email protected] NAMC ANNUAL MEETING 25 COVER DESIGN: 10TH ZARATHUSHTI GAMES 26 Hallie Schoff and Feroza Fitch, SCHOLARSHIPS AVAILABLE 28 Lexicon Graphics NEWS FROM THE ASSOCIATIONS 31 [email protected] EVENTS AND HONOURS 41 ARYA ZARTOSHT, BEZAN IRANI, DR KETAYUN DINSHAW, COLUMNISTS: SHAHROKH MEHTA, ERICKA VOHUMAN, Between the covers: Hoshang Shroff [email protected] ROSHAN BHAPPU, NORTH AMERICAN SCENE 44 Business: Homi Davier DUTY CALLS Aban Rustomji 44 [email protected] MAKE LEVEES NOT WAR Zaneeta E.
    [Show full text]
  • A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering
    Pace Law Review Volume 30 Issue 2 Winter 2010 Article 20 January 2010 "Intelligence" Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering Robert C. Power Widener University School of Law Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Criminal Procedure Commons, Military, War, and Peace Commons, and the National Security Law Commons Recommended Citation Robert C. Power, "Intelligence" Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering, 30 Pace L. Rev. 620 (2010) Available at: https://digitalcommons.pace.edu/plr/vol30/iss2/20 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. “Intelligence” Searches and Purpose: A Significant Mismatch Between Constitutional Criminal Procedure and the Law of Intelligence-Gathering Robert C. Power Hassan Abu-Jihaad, a United States citizen who served in the U.S. Navy for about four years, was indicted in 2007 for providing information to a terrorist group via email and the internet.1 In particular, Abu-Jihaad was charged with sending classified information about a U.S. Navy Battle Group scheduled for deployment in the Persian Gulf region in 2001.2 Separate counts charged providing material support to a conspiracy to kill U.S. nationals and communicating national defense information to persons not entitled to receive it.3 While the charges were pending, the government filed notice of its intention to use evidence derived from national security electronic surveillance.4 Abu-Jihaad‘s counsel moved Associate Dean for Faculty Research and Development and Professor of Law, Widener University School of Law.
    [Show full text]