Archive for August 22nd, 2008

Defense Department issues statement opposing APA Referendum: “There are no neutrals there.”

As if the stakes in the APA Referendum were not clear, the Defense Department has issued a statement opposing it. The statement recycles all the falsehoods being circulated against the Referendum. The Press Release shows how afraid the DoD and the Bush administration are of psychologists voting to stop participating in the administration’s program of torture and abuse.

The Statement makes clear why the Referendum is desperately needed:

Humane treatment and ensuring detainees are not subjected to cruel, inhuman or degrading treatment or punishment is required in accordance with U.S. law.

And:

Behavioral science consultants do NOT support interrogations that aren’t in accordance with applicable law.

Exactly! The US program of torture and abuse is perfectly legal, according to this administration’s redefinition of legality. Military psychologists can safely follow “applicable law” as they participate in abuse. The only solution is to pull them from these abusive sites, which is exactly what the Referendum does.

APA members are now faced with a stark choice: They can vote for ethics and change, or they can vote to support the APA leadership, the Defense Department, the Bush administration, and the US torture program.

As the old union song says:

“They say in Harlan County, there are no neutrals there.

You’re either with the union or a scab for J.H. Blair [the police chief and chief strikebreaker].

Which side are you on?

Which side are you on?”

Each APA member must decide for him or herself: “Which side are you on? Are you with the torturers or with those resisting the torture regime?”

The Statement raises an additional concern, however. If the Defense Department and the Bush administration, which exert enormous influence over the APA and its leadership, are this afraid of the Referendum passing, how can we trust the vote counting processes? APA/DoD have shown themselves willing to utilize every trick to get their way keeping psychologists in Bush administration interrogations and detention facilities. A little vote manipulation is surely not unimaginable. We need independent monitoring of the voting, both on the Referendum and this fall’s APA Presidential campaign. Nothing less can assure a fair and transparent vote.

Press Release

Thursday, August 14, 2008

Department of Defense Statement on 2008 APA Petition Resolution Ballot

Background/Issue

Some members of the American Psychological Association (APA) are circulating a “Petition Resolution Ballot” with the proposed intent of prohibiting psychologists from playing a role in aspects of interrogation where conditions of human rights can be brought into question. Such settings might include jails, prisons, psychiatric hospitals/emergency rooms, and forensic units. 
  
This document provides a statement and talking points that address this matter from the Department of Defense (DoD) perspective.

Statement

It is DoD policy that inhumane, cruel or degrading treatment are not permitted.  DoD is charged with protecting and safeguarding the detainee population and policy directs specific standards and procedures for protecting detainee integrity in the delivery of any medical program support. Behavioral Science Consultant Team (BSCT) personnel, who provide forensic consultation in support of the intelligence gathering mission, are present to observe but are not permitted to engage in clinical practice at any time while they are assigned to the BSCT.  Nor are they able to access or review the medical or mental health treatment records of the detainees.  If they observe practices that represent a violation of human rights, they are obligated to report it.

Talking Points:

* Humane treatment and ensuring detainees are not subjected to cruel, inhuman or degrading treatment or punishment is required in accordance with U.S. law.

* Behavioral science consultants do NOT support interrogations that aren’t in accordance with applicable law.

* Behavioral science consultants may advise the responsible authorities on deciding the release or continued detention of a detainee based on professional assessment of a detainee’s potential to engage in terrorist, illegal or similar activities against the U.S.

* Among the requirements of DoD Directive 2310.08E on Medical Program Support For Detainee Operations:

  • Protects vulnerable populations and sets explicit requirements for upholding principles of ethical, moral and legal practice of practitioners working in these settings.
  • Directs upholding humane treatment in accordance with U.S. law, and ensure detainees are not subjected to cruel, inhumane or degrading treatment, or punishment.
  • Defines as a duty and responsibility the protection of physical and mental health and the provision of appropriate treatment of disease.
  • Health care personnel, whether or not in provider-patient relationship must apply knowledge and skills only in accordance with applicable law or applicable DoD standards.
  • Health care personnel may not certify fitness for any form of treatment or punishment not in accordance with applicable law, nor participate in any way in administration of any such treatment or punishment.
  • Defines the purpose of the practice and provision of healthcare for detainees as being solely to evaluate, protect or improve the physical and mental health of the persons being detained.
  • Ensures training for all health personnel deployed in support of or whose duties might involve detainee operations.
  • Sets forth rules that healthcare providers must adhere to, upholding standards of practice, consent for treatment, and suspected violation reporting requirements.
  • Provides an explicit distinction between the practice of psychology in working directly with the detainees for the provision of healthcare and other detainee consultant or assessment activities.
  • Establishes specific behavioral expectations and scope of practice for behavioral science consultants.

* APA members can perform ethically in less than ideal conditions and in a variety of roles which may not include clinical duties. APA policies and resolutions have consistently, over a long period of time, made clear that inhumane treatment is unethical and always prohibited.

* The APA has previously passed resolutions barring psychologists from participating in cruel, inhuman, or degrading treatment or punishment.  Even if approved, this petition would not result in a direct effect on ethics standards.

* Currently established APA ethical standards do prohibit dual relationships; that means a clinician cannot have two different types of relationships with a person. One cannot provide clinical care to an individual while having another, different relationship.  These standards were considered in establishing DoD policy on roles and responsibilities of psychologists in BSCTs.

Add comment August 22nd, 2008

Society for the Scientific Study of Social Issues SPSSI] supports APA Referendum

The Society for the Scientific Study of Social  Issues [SPSSI] has endorsed the APA referendum:

Forwarded for SPSSI Central Office:

Dear SPSSI and APA Division 9 Members,

There has been a great deal of professional and public debate over the role of psychologists in interrogations conducted at U.S. detention centers for foreign detainees (e.g., the United States Naval Base at Guantánamo Bay, Cuba). If you are an APA member, you should have received a ballot for a resolution on psychologists working in contexts in which people are held outside of, or in violation of, either International Law or the US Constitution. Unlike previous resolutions on Torture and Other Cruel, Inhuman, or Degrading Treatment that were adopted by APA Council of Representatives in 2006 and 2007, the current resolution comes directly to members for vote through a provision in APA bylaws that provides for mail votes of Association members upon petition of 1% of the membership.

The SPSSI Executive Committee has reviewed this referendum. It has endorsed sending an email message to Division 9 members encouraging them to vote in the APA referendum on no participation in detainee camps. The referendum states:

“Be it resolved that psychologists may not work in settings where persons are held outside of, or in isolation of, either International law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate), unless they are working directly for the persons being detained or for an independent third party working to protect human rights.”

The SPSSI recommends voting YES to the referendum, thereby limiting the conditions when psychologists shall work in settings where persons are held outside of, or in isolation of, either International law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate).

You should have received a ballot from the APA. In the event you haven’t voted but don’t have your ballot, you can obtain a ballot from Garnett Coad at gcoad@apa.org. The ballots must be received by the end of the business day, September 15.

Below, we list some APA and non-APA websites that should be helpful in learning more about the petition and previous APA actions: www.apa.org/governance/resolutions/work-settings.html, for the petition itself; www.apa.org/governance/resolutions/qa-work-settings.html, for information in a Question & Answer format; www.apa.org/ethics, for information on APA’s position on interrogations; www.ethicalapa.com, for background on the petition, frequently asked questions about its purposes and intent, and the list of original sponsors. For a brief video explaining why Psychologists for Social Responsibility (PsySR) is supporting this referendum, go to http://www.youtube.com/watch?v=-GDH4V8A_Qc .

Finally, we wish to remind you of SPSSI’s work on this issue. SPSSI previously adopted a policy statement on “The Use of Torture and Other Cruel, Inhumane, or Degrading Treatment as Interrogation Devices” (see www.spssi.org/index.cfm?fuseaction=Page.viewPage&pageId=1061&parentID=47 1). Among other things, this policy statement 1) condemns the use of torture and other cruel, inhuman or degrading treatment as interrogation devices, 2) calls for an independent investigation of the extent to which psychologists have been involved in using such interrogation tools, 3) calls on the APA to unambiguously condemn the use of these interrogation devices and expressly forbid psychologists from planning, designing, assisting or participating in interrogations that involve their use, and 4) calls on the APA to develop specific guidelines and explicit codes of conduct that are consistent with international treaties and human rights covenants for psychologists working in contexts of war and imprisonment.

In addition, SPSSI Council previously stated its support for a resolution that had been introduced into APA governance that called for a moratorium on all psychologist involvement, either direct or indirect, in any interrogations at U.S. detention centers for foreign detainees (see SPSSI Forward newsletter article at www.spssi.org/_data/n_0001/resources/live/SPSSI%20Newsletter_Fall%202007.pdf).

In short, in this and other work, SPSSI has consistently and strongly spoken out in support of human rights. We are proud that SPSSI’s representatives (Bernice Lott, 2002-2007, Allen Omoto & Maureen O’Connor) on APA Council of Representatives have spoken out vigorously on this issue and ask that you now make your voice heard by carefully reading the petition and the pro and con arguments that accompany it and returning your ballot by September 15, 2008.

Allen Omoto, SPSSI/Division 9 Representative to APA Council of Representatives

Maureen O’Connor, SPSSI/Division 9 Representative to APA Council of Representatives

Daniel Perlman, President

Susan Opotow, President-elect

Irene Hanson Frieze, Past-President

Sally Shumaker, Secretary-Treasurer

Elizabeth Cole, SPSSI Council Representative to the Executive Committee

Kat Quina
Professor of Psychology & Women’s Studies
University of Rhode Island
Kingston, RI 02881
401-277-5164
KQuina@uri.edu

Add comment August 22nd, 2008

International torture treatment providers support APA referendum

The international organization of torture treatment providers [IRCT] has called upon APA members to support the Referendum:

Copenhagen, 22 August 2008

American Psychological Association
Attn: President Alan E. Kazdin
750 First St, NE
Washington, DC 20002-4242
UNITED STATES OF AMERICA

Dear President Kazdin and APA members,

The International Rehabilitation Council for Torture Victims (IRCT) would like take the opportunity to address APA members on the role of psychologists in preventing torture and share our ideas of how the APA can move forward to ensure that its members practice their profession under the highest ethical standards.

As an umbrella organisation representing 139 torture rehabilitation centres and programmes in 70 countries, the IRCT understands the devastating impact of torture on survivors. Its consequences include not only physical effects such as long-lasting pain, but psychological sequelae – e.g. PTSD, anxiety and depression. The work of the IRCT and its member centres is to alleviate that suffering and work for the prevention of torture worldwide.

The IRCT is acutely aware that health professionalshave participated, and continue to participate, in interrogations that violate national and international laws. For example, IRCT physicians played a key role in investigating and documenting the torture of 11 ex-detainees held in U.S. custody abroad, the findings of which were published in the Physicians for Human Rights report Broken Laws, Broken Lives. During their clinical interviews with the 11 men, these physicians learned that not only were health professionals present during torture and ill-treatment and failed to report the abuse, they also gave confidential information to interrogators and in some instances even denied medical care for the detainees. And just one week ago, lawyers for Guantanamo detainee Mohammed Jawad charged that a psychologist’s report filed at the detention facility led to the then-teenager being placed in isolation, resulting in a deterioration of his mental health.i Such actions flagrantly violate the fundamental ethical precept of the health professions to “do no harm”.

Last year, the APA passed a resolution condemning and prohibiting psychologists’ participation in interrogation that involves torture and other cruel, inhuman or degrading treatment. While the resolution represented a step forward in preventing torture and ill-treatment, on 4 September qualifiers in the resolution in respect to the scope of definition of the techniques it mentions.

These concerns still stand. The IRCT thus reiterates that all of the listed techniques are illegal and unethical in all circumstances and not only when “used in a manner that represents significant pain or suffering or in a manner that a reasonable person would judge to cause lasting harm” as stated in the resolution. Moreover, we repeat our concern that the resolution adopts the United States’ reservations to the United Nations Convention Against Torture, which weakens the Convention by narrowing its definition of torture with regard to mental pain or suffering.

The IRCT is aware that APA members are currently voting on another resolution that would put a moratorium on members’ participation in military and CIA interrogations altogether. Given the abuses that have taken place in US-run detention centres around the world in later years and the ambiguities that the present US administration has sown with regard to the absolute prohibition against torture and ill-treatment, the IRCT finds such a moratorium appropriate. Therefore we strongly urge APA members to vote “yes” on the proposed resolution.

As several APA members have noted, this resolution is intended to put an end to psychologists’ participation in interrogations that occur in settings that violate international justice and humanitarian standards; it would not prohibit psychologists from working in settings that uphold international and human rights law. The IRCT believes that the APA has the ability to set a precedent for mental health professionals worldwide. The profession of psychology already has suffered ethical damage through its association with the “war on terror” - it will take much time and effort to recover, but the passage of this resolution would be an important step toward healing.

Sincerely,

Brita Sydhoff
IRCT Secretary-General

Jose Quiroga
IRCT Vice President and Representative of North America Region
Medical Director and Founder, Program for Torture Victims (Los Angeles)

—–

i The psychologist in question has invoked Article 31 of the Uniform Code of Military Justice so as not to be self-incriminated. For more information see:
http://www.nytimes.com/2008/08/16/washington/16psych.html?ref=health

ii See http://www.irct.org/Default.aspx?ID=159&M=News&PID=5&NewsID=954

Add comment August 22nd, 2008


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