While the proverbial road to hell is paved with good intentions, the internal government memos collected in this publication demonstrate that the path to the purgatory that is Guantanamo Bay, or Abu Ghraib, has been paved with decidedly bad intentions. The policies that resulted in rampant abuse of detainees first in Afghanistan, then at Guantanamo Bay, and later in Iraq, were product of three pernicious purposes designed to facilitate the unilateral and unfettered detention, interrogation, abuse, judgment, and punishment of prisoners: (1) the desire to place the detainees beyond the reach of any court or law; (2) the desire to abrogate the Geneva Convention with respect to the treatment of persons seized in the context of armed hostilities; and (3) the desire to absolve those implementing the policies of any liability for war crimes under U.S. and international law.
Regarding the
Torture Papers, which detail
Torture's Paper Trail, and, then there's
Hungry for Air: Learning The Language Of Torture, and, of course, there's
( more inside)
posted by y2karl
on Mar 14, 2005 -
97 comments
Cruel and Unusual - The End Of The Eighth AmendmentIt might seem at first that the rules for the treatment of Iraqi prisoners were founded on standards of political legitimacy suited to war or emergencies; based on what Carl Schmitt called the urgency of the ''exception,'' they were meant to remain secret as necessary ''war measures'' and to be exempt from traditional legal ideals and the courts associated with them. But the ominous discretionary powers used to justify this conduct are entirely familiar to those who follow the everyday treatment of prisoners in the United States—not only their treatment by prison guards but their treatment by the courts in sentencing, corrections, and prisoners' rights. The torture memoranda, as unprecedented as they appear in presenting ''legal doctrines . . . that could render specific conduct, otherwise criminal, not unlawful,'' refer to U.S. prison cases in the last 30 years that have turned on the legal meaning of the Eighth Amendment’s language prohibiting ''cruel and unusual punishment.'' What is the history of this phrase? How has it been interpreted? And how has its content been so eviscerated?
posted by y2karl
on Nov 8, 2004 -
25 comments
Iraq's Child Prisoners It’s not certain exactly how many children are being held by coalition forces in Iraq, but a Sunday Herald investigation suggests there are up to 107. Their names are not known, nor is where they are being kept, how long they will be held or what has happened to them during their detention. Proof of the widespread arrest and detention of children in Iraq by US and UK forces is contained in an internal Unicef report written in June. The report has – surprisingly – not been made public. A key section on child protection, headed Children in Conflict with the Law or with Coalition Forces, reads: ''In July and August 2003, several meetings were conducted with CPA (Coalition Provisional Authority) … and Ministry of Justice to address issues related to juvenile justice and the situation of children detained by the coalition forces … Unicef is working through a variety of channels to try and learn more about conditions for children who are imprisoned or detained, and to ensure that their rights are respected.'' Another section reads: ''Information on the number, age, gender and conditions of incarceration is limited. In Basra and Karbala children arrested for alleged activities targeting the occupying forces are reported to be routinely transferred to an internee facility in Um Qasr. The categorisation of these children as 'internees' is worrying since it implies indefinite holding without contact with family, expectation of trial or due process.''
posted by y2karl
on Aug 2, 2004 -
30 comments
Save The Children calls on release of Iraqi children from jails. This apparently in response to
recent media reports on the abuse of children in Iraqi prisons. And it's not just Save the Children who is concerned, but UNICEF, Amnesty International, and the Red Cross.
Infact, Congress has called for
a special briefing tomorrow from the Pentagon on "confidential reports" from the Red Cross on prison conditions in Iraq. The Pentagon is closing the briefing to the public, however, and apparently thinks that even Congress shouldn't know the details of how we treat prisoners.
"It's something of a stretch of policy and procedures to give them to the Congress," Rumsfeld spokesman Larry Di Rita said.
posted by insomnia_lj
on Jul 8, 2004 -
18 comments
The other shoe drops. The L.A. Times releases details from Major General Antonio M. Taguba's findings into prisoner abuse in Iraq, including evidence that convinced him that a U.S. soldier had sex with an Iraqi female.
(Can we all agree that she didn't ask for it...?)
posted by insomnia_lj
on May 4, 2004 -
106 comments
Remember the outrage of the US Govt. as the Iraqi's paraded POWs before television cameras - a pretty clear-cut breach of the Geneva Convention?
It appears
the US Govt. isn't so concerned about what behaviour breaches the convention, anymore.
"The International Committee of the Red Cross so far has been denied access to what the organisation believes could be as many as 3,000 prisoners held in searing heat [near Baghdad airport.] All other requests to inspect conditions under which prisoners are being held have been met with silence or been turned down."
posted by Blue Stone
on May 25, 2003 -
62 comments
