Why UC Berkeley should fire John Yoo, the legal scholar whose work led to Abu Ghraib and secret spying on Americans. by Scott J. Ferrell, East Bay Express web AFP/Photo by Behrouz…
Category: Torture and Detention
Frequently Asked Questions (scroll down for article archives and further resources)
“If anyone acts like they don’t know their government is torturing people on a widespread and systematic scale, they are choosing NOT to know. We have to continue to lead people to act against this — going out to people, into classes, to institutions, and on worldcantwait.org. Too many people have learned to accept this, there is not nearly enough opposition to the revelations about these top level torture meetings — but this is something that can change quickly if a beginning core acts with moral clarity…” -Debra Sweet, Director of World Can’t Wait
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Torture + Silence = Complicity!
Act Now to Stop Torture!
Has Obama put an end to torture, rendition, and indefinite detention? Facts you need to know:
1. Obama admits Bush officials tortured, but refuses to prosecute them.
Cheney has bragged about authorizing water boarding of detainees. In January 2009, Obama told ABC’s George Stephanopoulos, that he believed water boarding was torture. Torture is a violation of Geneva Conventions. The Obama administration is, therefore, not only morally, but legally, required to prosecute Bush Regime officials for torture.
2. Under Obama, the U.S. is still holding detainees without charges or trial.
During the campaign Obama declared habeas corpus to be “the foundation of Anglo-American law.”Habeas corpus is your right to challenge your detention. It is a 900-year- old right. Without habeas corpus there are no restraints on a government’s powers to detain and punish.
Contrary to his rhetoric, the Obama administration is continuing the Bush Regime’s policies of denying prisoners habeas corpus rights and has even adopted the same arguments made by Bush. In February 2009, the Obama administration declared in Federal Court that it would not grant habeas corpus rights to detainees in U.S. custody in Bagram, Afghanistan.
In March 2009 Obama’s Justice Department claimed that Guantanamo prisoners who were detained before June 2008 had no habeas corpus rights. On May 21, 2010 the United States Court of Appeals for the District of Columbia ruled in favor of the Obama administration, holding that three prisoners who are being held by the U. S. at Bagram Air Base in Afghanistan cannot challenge their detention in U.S. courts.
3. Don’t be fooled just because Obama isn’t using the term “enemy combatant”
The Obama administration will no longer use the term “enemy combatant,” but it’s a change in name only: in the same court filing in which it made this announcement, Obama’s Justice Department made clear that it would continue to detain prisoners at Guantanamo without charge. As the NY Times put it:
“[T]he [Obama] Justice Department argued that the president has the authority to detain terrorism suspects there without criminal charges, much as the Bush administration had asserted. It provided a broad definition of those who can be held, which was not significantly different from the one used by the Bush administration.”
Meanwhile, Obama’s executive orders do not ban indefinite detention. In addition, at his confirmation hearing, Obama’s Attorney General Eric Holder said: “There are possibly many other people who are not going to be able to be tried but who nevertheless are dangerous to this country… We’re going to have to try to figure out what we do with them.” Holder suggested prisoners could be detained for the length of their war of terror which, as we know, has no set end point.
4. Guantanamo is still open. The prison at Bagram is growing and torture is being committed.
According to Reuters, abuse of prisoners worsened shortly after the election of Obama:
“Abuses began to pick up in December 2008 after Obama was elected, human rights lawyer Ahmed Ghappour told Reuters. He cited beatings, the dislocation of limbs, spraying of pepper spray into closed cells, applying pepper spray to toilet paper and over-forcefeeding detainees who are on hunger strike.”
Earlier this year Scott Horton reported in Harper’s Magazine on three murders of detainees in 2006 at Guantanamo that the military tried to cover up as suicides. More is coming out about torture at Bagram Detention Center in Afghanistan. Recently Andy Worthington reported on the detention and torture of three teenagers in his article, “Torture and the ‘Black’Prison,” or What Obama is Doing at Bagram (Part One).”
On June 7, 2010 Chris Floyd of Empire Burlesque wrote that under the Bush Regime medical personnel experimented on detainees to prove that the techniques used did not constitute torture. The chilling history of Nazi medical experimentation on those in concentration camps lurks in this revelation. (http://chris-floyd.com/articles/1-latest-news/1976- echoes-of-mengele-medical-experiments-torture-and- continuity-in-the-american-gulag.html)
This is a violation of Geneva Conventions and there is evidence that these experiments are going on under Obama.
5. Obama is continuing rendition.
During his confirmation hearing, new CIA director Leon Panetta made it clear the Obama administration will continue rendition. Rendition is the practice of kidnapping somebody in one country and shipping them to another country for detention. Michael Ratner, president of the Center for Constitutional Rights (CCR), said “Rendition is a violation of sovereignty. It’s a kidnapping. It’s force and violence…Once you open the door to rendition, you’re opening the door, essentially, to a lawless world.”
Obama supporters have attempted to draw the distinction between this practice and “extraordinary rendition,” defined as the practice of transferring somebody to another country knowing that they will be tortured. During his confirmation hearing, Leon Panetta said that under the Bush administration, “There were efforts by the CIA to seek and to receive assurances that those individuals would not be mistreated.” So Panetta is embracing the practices of the Bush Regime by continuing rendition!
Panetta then added, “I will seek the same kind of assurances that those individuals will not be mistreated.” (emphasis added)
Articles on Torture and Detention:
The Fight to Fire, Disbar, and Try America’s “Torture Professors” for War Crimes
By Kevin Gosztola If cruelty is no longer declared unlawful, but instead is applied as a matter of policy, it alters the fundamental relationship of man to government. It destroys the whole…
Why John Yoo and Other Top Administration Lawyers Should be Investigated for War Crimes
Why John Yoo and Other Top Administration Lawyers Should be Investigated for War Crimes Under U.S. Law Torture is Always Illegal By Marjorie Cohn What does torture have in common with genocide,…
Torture “Almost Choreographed” by the White House
Originally from Revolution Newspaper Last December a scandal surfaced momentarily when the New York Times revealed that the CIA destroyed thousands of hours of videotapes of waterboarding and other torture used during…
Protesters Disrupt Yoo Lecture
From dailycal.com By Asaf Shalev – Contributing Writer John Yoo (right) joined a panel discussion on privacy rights with David Cole. Protesters from World Can’t Wait shouted ‘torture’ at Yoo. Boalt Hall…
National Lawyers Guild Calls for Yoo to Be Disbarred, Removed from UC Berkeley
from New York In a memorandum written the same month George W. Bush invaded Iraq, Boalt Hall law professor John Yoo said the Department of Justice would construe US criminal laws not…
The Torture Memo: Planning Crimes Against Humanity
By Kenneth J. Theisen After years of litigation, the infamous Department of Justice (DOJ) “torture memo” has been made public by the Bush regime. The 81-page memo, written by John Yoo, then…
Yale Law Students Protest Torture Memo
Law students protest Bybee’s torture memo Audience members place trash bags on heads during talk by former chief of Bush’s Office of Legal Counsel Isaac Arnsdorf, Staff Reporter, Yale Daily News Published…