Archive for August, 2008

Steven Reisner on APA referendum

Steven Reisner, candidate for President of the American Psychological Association, has sent the following statement on the APA referendum to remove psychologists from US detention facilities violating international law unless they work for the detainees. This statement is in response to concerns expressed abut the impact of the referendum by some who claim to support its intent:

Hi all,

I have followed the debate on the referendum language quite carefully and was present at the Council meeting on August 12th, where the issue was discussed. I’ve also reviewed correspondence with Natalie Gilfoyle (APA Legal Council) and Barry Anton (Recording Secretary) and the sponsors of the referendum. It is important to note that this is the first referendum in APA’s history, and so there is currently a good faith effort to fairly oversee and institutionalize a process of both the voting on and, should it pass, the application of the referendum. All parties have been quite clear that their aim, should the referendum pass, would be to have it apply as the sponsors intended and to avoid unintended or mischievous consequences.

The sponsors, in their FAQs and clarification statements, have made it absolutely clear that the intent of the referendum is to prevent psychologists from participating in operations that take place at sites where national security detainees are being held intentionally outside of the protections of the Geneva Conventions, international law, or the US constitution, such as CIA black sites, Guantanamo, Bagram, etc. The sponsors have also made it clear that the referendum does not apply to prisoners in domestic prisons who are not being held as part of national security detentions, nor would it apply to psychologists working in foreign countries on missions of peace or human welfare.

I do not believe that the Council and the sponsors would apply this resolution in a way that would cause trouble for domestic forensic or international peace psychologists, since all parties are determined to avoid such an application.

But I do know that the APA leadership has thus far resisted any attempt at blocking psychologists from participating in our government’s illegal program of national security detention. In this way the APA stands alone among the major health professions. That is why the Department of Defense announced that they would be using only psychologists, and not physicians or psychiatrists, in these roles.

I believe the referendum is important, too, because for the first time, it gives the membership a voice in choosing whether APA members should be associated with these policies and practices. I think it is vitally important that we dissociate ourselves from these operations before the Bush administration passes into history. This is not the time to passively run down the clock and hope that attention focuses elsewhere. This is the time to stand up and speak out. If we miss the opportunity to speak truth to power, I am afraid that our organization will forever be seen as having acquiesced where we should have protested, and of following where we should have led.

For all of these reasons I support the referendum and urge members to vote ‘yes.’

Steven

Steven Reisner, Ph.D.

Add comment August 27th, 2008

Psychologists for Social Responsibility (PsySR) video supporting APA referendum

Psychologists for Social Responsibility [PsySR] has produced a wonderful video in support of the American Psychological Association Referendum. Please help us spread it to every APA member. And those of you who are APA members, please vote YES!:

The video can also be viewed on the PsySR web page, along with the full text of the Referendum.

[Truth in advertising warning. I appear in this video, as do the PsySR President, Past-President, and President Elect and several members of its End Torture Action Committee, which I co-chair. Please join PsySR today and join the Action Committee! You do NOT have to be a psychologist to join.]

Add comment August 26th, 2008

Please send letters for Mohammad Jawad

Daily Kos blogger Valtin informs us of a request from the defense attorney’s for Mohammad Jawad for letters to the Convener of the Military Commissions requesting that the charges against Jawad be dropped. Jawad, rember, is the other child soldier at Guantanamo, arrested when he was 16 or 17 in Afghanistan for allegedly throwing a grenade into a jeep with US troops. At Guantanamo he has been subject to repeated bouts of isolation, to sleep deprivation in the devilish “frequent flyer” program, and to beatings. Prior to being tranferred to Guantanamo, he was tortured at Bagram air base in Afghanistan, according to records released to the defense. Functionally illiterate when arrested, he has received no education in US detention.

Here is Valtin’s blog posting:

Gitmo Attorneys Extraordinary Appeal to Help Mohammad Jawad

by Valtin

Defense attorneys for Mohammad Jawad, currently on trial in Bush’s crooked military tribunal system at Guantanamo, are asking for a letter campaign by the public on Jawad’s behalf. Jawad is the first child soldier to be tried as a “war criminal” in modern times. In U.S. custody, he has suffered beatings, threats, physical isolation, sleep deprivation, subjected to 24-hour bright lights, and more.

Jawad is charged with, at the age of 16 or 17, having supposedly been involved in a grenade attack against U.S. forces in December 2002. But his attorneys say he is “a homeless teenager who was drugged and forced to fight with Afghan militia, then abused by the United States, which transported him halfway around the world and imprisoned him at Guantánamo for five years without charge and is now using him as a guinea pig to test a new system of military justice with no regard to his initial status as a juvenile.”

There are many reasons to disbelieve the U.S. case against the now-23-year-old Guantanamo defendant. For one thing:

Jawad is charged with, at the age of 16 or 17, having supposedly been involved in a grenade attack against U.S. forces in December 2002. But his attorneys say he is “a homeless teenager who was drugged and forced to fight with Afghan militia, then abused by the United States, which transported him halfway around the world and imprisoned him at Guantánamo for five years without charge and is now using him as a guinea pig to test a new system of military justice with no regard to his initial status as a juvenile.”

There are many reasons to disbelieve the U.S. case against the now-23-year-old Guantanamo defendant. For one thing:

The case against Mohammad Jawad relies almost entirely on a “confession” purportedly taken from Mohammad Jawad by Afghan authorities on December 17, 2002. According to Mohammad Jawad, he was subjected to both physical abuse and coerced by threats while in Afghan police custody. The confession itself was not written by Mohammad Jawad, who was functionally illiterate, and bears only his thumbprint. The confession is not even written in Mohammad Jawad’s native language of Pashto. Virtually all of the independently verifiable facts in the so-called confession are demonstrably false.

Jawad has been interrogated over 35 times at Guantanamo, but has never admitted he threw any grenade, and both interrogators and some members of the Combatant Status Review Tribunal have expressed some doubt as to his guilt. Amnesty International has written a large report on the Jawad case, From ill-treatment to unfair trial - The case of Mohammed Jawad, child ‘enemy combatant’, which looks at his ill-treatment at the hands of U.S. authorities, who “deliberately blurred the detention and interrogation functions thereby undermining a fundamental safeguard against torture and other ill-treatment.”

I heartily support Mr. Jawad’s attorneys solicitation of support. Here is their letter (emphasis in original):

21/08/2008

An Opportunity to Help Mohammad Jawad - Guantanamo’s Child

TO: Friends of Mohammad Jawad and Supporters of Justice, Fairness and the Rule of  Law

FROM:  Major David Frakt, Defense Counsel Lieutenant Commander
Katharine Doxakis, Assistant Defense Counsel

Request for Support – Letter Writing Campaign

On 14 August, Military Commissions Judge Colonel Stephen Henley issued a ruling in the case of U.S. v. Mohammad Jawad.  In his ruling, he found that the pretrial advice prepared by Brigadier General Thomas Hartman, the Legal Advisor to the Convening Authority, was inadequate and misleading in that it failed to advise the Convening Authority of matters in extenuation and mitigation raised by the defense.  The judge found that the Legal Advisor’s actions had “compromised the objectivity necessary to fairly and dispassionately evaluate the evidence.”  The judge ordered the Convening Authority,  Ms. Susan Crawford (former Judge of the U.S. Court of Appeals for the Armed Forces), to reconsider her decision to refer the charges against Mohammad Jawad for trial.  The judge ordered Ms. Crawford to consider any matters in mitigation or extenuation or other issues submitted by the defense and established a deadline of September 15th to submit matters to Ms. Crawford.  The judge has given Ms. Crawford until September 25th to either “ratify” her earlier decision to refer charges or to withdraw the charges.

Accordingly, we are in the process of preparing a package of materials for Ms. Crawford’s consideration.  We will also be requesting a personal audience with Ms. Crawford, but there is no guarantee that she will grant the request. She has refused my previous requests to meet with her.  In addition to the matters that we will be preparing personally, we would like to present Ms. Crawford with letters of support from other concerned citizens and organizations, urging her to withdraw the charges.  If you agree that the charges should be withdrawn, please take a few moments of your time to prepare a personal letter to the Convening Authority expressing your views.

Attached is a model letter with “talking points” that you may wish to consult. We will consolidate all of the letters received and present them as a package to Ms. Crawford.   Please submit your letter not later than Friday September 12th. Do not send it directly to Ms. Crawford, but rather send it to Major Frakt.

If you would like us to review a draft of your letter before signing it, you may e-mail it to Major Frakt at fraktd@dodgc.osd.mil.  If you have any questions, please e-mail or call (202)761-0133 extension 106. Once the letter is complete, you may e-mail it (signed .pdf document is best) or fax it to (202)761-0510 (Attn: Major Frakt).  If you wish to mail the letter, please keep the efficiency of the U.S. Postal Service in mind and allow plenty of time.  The mailing address is:

Major David Frakt
Office of Military Commissions - Defense
1099 14th St. NW. Ste 2000D
Washington DC 20005

Thank you very much in advance for your time and consideration. Together, we may be able to accomplish some small measure of justice for Mohammad Jawad.

David J. R. Frakt, Major, USAFR
Defense Counsel

Katharine Doxakis, LCDR, USN
Assistant Defense Counsel

If you go to Cageprisoners.com, they have a Model Letter with Talking Points that anyone can use. Letters should be addressed to:

The Honorable Susan J. Crawford
Convening Authority
Office of Military Commissions
1600 Defense Pentagon
Washington DC 20301-1600

Do not mail to Susan Crawford. Send the letter itself to:

Major David Frakt
Office of Military Commissions - Defense
1099 14th St. NW. Ste 2000D
Washington DC 20005

Jawad’s attorneys suggest the following when writing the letter:

Pease refrain from general attacks on the Bush Administration and its policies in the Global War on Terror.  The Convening Authority is a loyal Bush administration insider and such attacks will not be helpful.

Please refrain from general attacks on the legitimacy of military commissions (however valid such attacks may be).  Remember that your audience is the Convening Authority, a person deeply committed to the commissions. A better approach is to try to convince her that withdrawing the charges against Mohammad Jawad would enhance the legitimacy of the commissions by ensuring that commissions focus on real terrorists, and by demonstrating that the Convening Authority will respond fairly and reasonably when new evidence comes to light which casts doubt on earlier decisions.

Hat-tip to my colleague Trudy Bond for letting me know about the letter writing campaign.

Also posted at Invictus

1 comment August 25th, 2008

Oliver Stone: W

Due for release October 17. Should be a fun fall. Hopefully a few weeks later this will all be just a memory, or a nightmare:

Add comment August 25th, 2008

Appearance on All Things Considered

The psychologists and interrogations issue appeared on NPR’s All Things Considered on August 15, during the American Psychological Association convention. I appeared during this segment. Listen here.

Add comment August 25th, 2008

Psychologists and interrogations on NPR’s Talk of the Nation

The role of psychologists in interrogations was featured on NPR’s Talk of the Nation on August 19. My friend Brad Olson was on, debating Robert Reznick on the issue:

Talk of the Nation, August 19, 2008 · Over the weekend, the American Psychological Association debated a resolution that would restrict the role of psychologists in military interrogations at Guantanamo. Two psychologists weigh in.

Listen here.

Add comment August 25th, 2008

Democracy Now! appearance August 18

Last Monday, as I was preparing to leave town for a week of vacation, I was on Democracy Now! together with my colleague Brad Olson of the Coaltion for an Ethical Psychology; Leonard Rubinstein, President of Physicians for Human Rights; and California State Sen. Mark Ridley-Thomas, sponsor of the just passsed SJR19 that banns California licensed health providers’ participation in torture. We were originallty scheduled for most of the show, but th overnight resignation of Pakistani President Musharraf took precendence, reducing the segment.

You can watch or listen to the segment here. The story has also been posted on YouTube in three segments. Unfortunately, the first segment seems to have the audio and visuals out of sync, at least on my computer:

Part I:

Part II:


Part III:

Here is the transcript:

August 18, 2008, Democracy Now!, w/ Amy Goodman & Juan Gonzalez
Referendum on Torture: Debate Over Role of Psychologists in Military Interrogations Comes to a Head at APA Annual Convention

The debate over the role that psychologists should play in military interrogations heated up this weekend at the annual convention of the American Psychological Association. After years of back-and-forth discussion and several resignations from the association, APA members are now voting on a referendum that could make any participation in coercive prisoner interrogations a violation of their code of ethics. Meanwhile, California became the first state in the nation to officially condemn the participation of health professionals—including psychologists—in coercive interrogations of prisoners in the so-called war on terror. [includes rush transcript]

Guests:

Brad Olson, Assistant Research Professor at Northwestern University. He is a founding member of the Psychologists for an Ethical APA.

Leonard Rubinstein, executive director of Physicians for Human Rights.

Stephen Soldz, Psychoanalyst, Psychologist, Researcher and Activist. He is a faculty member at the Boston Graduate School of Psychoanalysis and a co-founder of the Psychologists for an Ethical APA.

Sen. Mark Ridley-Thomas, Democratic State Senator from Los Angeles. Introduced Senate Joint Resolution 19 to prevent California health professionals from participating in coercive interrogations.

JUAN GONZALEZ: The debate over the role that psychologists should play in military interrogations heated up this weekend at the annual convention of the American Psychological Association, or the APA. Over a hundred people were at a rally Saturday urging the APA to explicitly ban its members from participating in interrogations of prisoners held in Guantanamo Bay, Iraq, Afghanistan and the secret CIA black sites.

After years of debate and numerous resignations from the association, APA members are now voting on a referendum that would make any participation in detainee interrogations a violation of their code of ethics.

Dissident psychologist Steven Reisner, a co-founder of the Coalition for an Ethical Psychology, is also one of the leading candidates for the APA presidency. He spoke at Saturday’s rally in Boston.

DR. STEVEN REISNER: […] exists for one reason. It exists to prohibit psychologist participation at sites, by their very existence which violate international law and human rights and perpetrate war crimes. The sites—let me give you an example. In the fall of 2002, the CIA were looking to capture Khalid Sheikh Mohammed, and when they went to where they thought he was, they found his two children there instead, two boys, aged seven and nine, whom they captured instead and brought them to a CIA black site, where they were held both, at first, to pressure their father to give up, to get information from them about his whereabouts, and later on, after he was captured, they kept them there to pressure their father into talking. When the people who were holding the children of Mohammed were asked about their care, they said, “They are being overseen by child psychologists. They are being given the best of care.”

When I hear that story, when I hear about psychologists participating in CIA black sites in the kidnapping of children, I know that something is wrong in the state of psychology and how psychology is being used. At this moment, there is no policy at the APA that prohibits psychologists from being present and behaving in that manner at CIA black sites, even though—and I have this on the word—I spoke to the UN rapporteur on torture from the UN Committee Against Torture, and I asked him whether participating in the operations, whether participating in what is taking place at CIA black sites, where people are being disappeared, is that a war crime? And he said that is prosecutable as acquiescence to a war crime. And yet, to this day, that is not a violation of APA policy or ethics on psychologist behavior. This referendum has a clear intent, and it is to stop participation in war crimes and human rights violations in the name of national security and psychology around the world.

AMY GOODMAN: Psychologist Steve Reisner, running for presidency of the American Psychological Association. He was speaking at a rally outside the APA convention this weekend in Boston. This year’s convention comes on the heels of a string of revelations that psychologists played a key role in designing the CIA’s so-called “enhanced” interrogation techniques.

Last week, lawyers for the Afghan Guantanamo prisoner Mohammad Jawad asserted that a psychologist had recommended a month-long isolation program that allegedly drove Jawad to attempt suicide. But the psychologist refused to testify, invoking the military equivalent of the Fifth Amendment right against self-incrimination.

Independent filmmaker and writer for The Nation, Ross Tuttle, asked APA Ethics Office director, Dr. Stephen Behnke, about the significance of this development.

DR. STEPHEN BEHNKE: There’s been a report that has appeared that there was a psychologist who was involved in an abusive interrogation. I think we’re deeply concerned about that. We’ve been very clear that the acts, as they have been reported on a blog, would be against our professional rules, and we will take a very close look at that. We have jurisdiction only over our members. But whenever a psychologist is involved in any torture or abuse, that reflects on the entire profession.

AMY GOODMAN: Dr. Behnke and the APA leadership are opposed to the referendum that has currently been put forward.

We’re joined now by two guests who support the referendum. Stephen Soldz is a faculty member at the Boston Graduate School of Psychoanalysis, co-founder of the Coalition for an Ethical Psychology. He blogs at psychoanalystsopposewar.org/blog. And Brad Olson is a faculty member at Northwestern University, also a member of the Coalition for an Ethical Psychology. They join us from Boston. We’re also joined in Washington, D.C. by Leonard Rubinstein, who is the head of Physicians for Human Rights.

I want to first go to Brad Olson. You’re one of the authors of this referendum that the APA leadership has opposed that is now being voted on by the members of the American Psychological Association. Can you explain what it is?

DR. BRAD OLSON: Yes. The referendum is focused on the problem in Guantanamo Bay and the CIA black sites. I mean, these are settings that are against the law. I mean, they’re extralegal, extra illegal. And what we’re basically saying in this referendum, that psychologists should work in these settings, but psychologists should not work in these settings when they’re working for the chain of command. We’d like to see psychologists from human rights organizations working with the International Committee of the Red Cross. So, basically, what the referendum is saying is that psychologists should work independently for the detainee or should not be at these settings at all.

JUAN GONZALEZ: If the referendum were passed, what direct effect would it have on the individual practices of these psychologists?

DR. BRAD OLSON: Well, the American Medical Association and the American Psychiatric Association, back prior to the American Psychological Association’s policy, they made very similar policies that basically said physicians and psychiatrists should not play a role in these national security interrogations. And we had the Department of Defense say that they preferred psychologists in these behavioral science consultation roles. So, what we’re hoping to is we’re hoping in 2008 to get back to where we should have been in 2005.

AMY GOODMAN: Leonard Rubinstein in Washington, D.C. with Physicians for Human Rights, the significance of this referendum in the broader picture in this country around the issue of torture?

LEONARD RUBINSTEIN: Well, the referendum, in the broad picture, is really whether we’re going to have psychologists and other health professionals participate in disorienting, breaking down, destroying detainees as part of the interrogation process. We know very clearly now from documents from the Pentagon that the behavior management plans at Guantanamo were designed to exploit and enhance disorientation or disorganization of the personality, and that was done through isolation and other means and that psychologists were at the center of this.

The problem is that it’s not enough, as the APA has said, “Don’t participate in torture, don’t use these techniques.” We have had a system in which the entire purpose of the system was to break people down. It’s like telling people to go to a slaughterhouse and advise the people killing the animals and advise them not to hurt the animals. It’s an impossible position to say, “You can participate, so long as you don’t harm,” when the entire system is designed to inflict harm.

JUAN GONZALEZ: Leonard Rubinstein, what about the issue of the liability or the responsibility of psychologists, in terms of the Geneva Conventions or internationally accepted rules of behavior for psychologists?

LEONARD RUBINSTEIN: Well, the problem is that the structure and the system invited violations of all those standards, whether they were international ethical standards or international legal standards like the Geneva Conventions. And try as the association might to carve out a role that enables psychologists to participate without being engaged in the violations is an impossible task.

AMY GOODMAN: We’re going to break, and when we come back, we will also be joined by a California state legislator, Mark [Ridley- Thomas], who sponsored a resolution that just got passed by the California legislature that prohibits members of the health profession from participating in coercive interrogations. This is Democracy Now!, democracynow.org, the War and Peace Report. We’ll be joined by all of our guests in just a minute.

[break]

AMY GOODMAN: California has just became the first state in the nation to officially condemn the participation of health professionals, including psychologists, in coercive interrogations of prisoners in the so-called war on terror. Senate Joint Resolution 19, which passed in the state legislature Thursday, instructs the state’s licensing boards to inform California health professionals they may one day be subject to prosecution if they participate in interrogations that don’t conform with international standards of treatment of prisoners.

The resolution was introduced by Democratic State Senator from Los Angeles, Mark Ridley-Thomas. Senator Ridley-Thomas joins us now on the phone from Los Angeles.

Can you talk about what inspired you to introduce this legislation and the significance of the state legislature adopting it?

SEN. MARK RIDLEY-THOMAS: Well, thanks very much. I’m glad to do so. This was brought to our attention by the American Friends Services Committee, the Physicians for Social Responsibility and a campaign sponsored by Californians to Stop the Torture. And it seems to me that it is entirely appropriate, in light of the radical departure from international, federal and state law initiated by the Bush administration, that made it more possible and tolerable for physicians, psychologists, psychiatrists, dentists, nurses, just the whole range of those in the helping profession, health professions, to become complicit. And we deemed it appropriate to call it to the attention of the nation and start in the California state legislature, and I’m pleased that my colleagues, albeit on a partisan vote, chose to send this message to all our licensees. And it will be significant.

JUAN GONZALEZ: Now, this was a resolution. Would it have any actual impact on the licensing of psychologists in California who violated it, the spirit or the intent of the resolution?

SEN. MARK RIDLEY-THOMAS: The resolution is very clear in that regard. It makes it abundantly clear that any California licensee is subject to prosecution, and obviously then they could lose their license, pursuant to it being determined that they participated in any way in acts of torture.

AMY GOODMAN: I want to go to Steve Soldz, faculty member at Boston Graduate School of Psychoanalysis, co-founder of Coalition for an Ethical Psychology. Can you talk about the significance of what California has done and then the significance of this referendum that is now being voted on by members of the American Psychological Association?

DR. STEPHEN SOLDZ: Well, the California resolution is a landmark one. It establishes a clear line that health professionals have no role in this organized system of abuse that our government has been perpetrating these last number of years. It is—though it is a resolution, it makes a clear public statement that the legislature and the citizens of California repudiate both the system of torture and the role of health professionals in it. The referendum in the American Psychological Association is a similar and parallel effort to try and get members of that association, psychologists, to make a similar statement, that we will not cooperate with this organized system of abuse that our country has constructed.

AMY GOODMAN: I want to turn back to Stephen Behnke, the director of the APA Ethics Office. He spoke near the rally on Saturday.

DR. STEPHEN BEHNKE: Taking as a starting point everyone is against torture and abuse—there’s complete consensus on that point—the question then becomes, do you pursue a strategy of engagement or disengagement, of involvement or non-involvement?

That question is the subject of deep debate within the association. Some of our members, many of whom are here today, feel that any engagement implies complicity with an illegitimate administration. Other members say, no, we must be very present for the very reasons that we have been called rebuking the administration’s policies, that we have to be clear and present where interrogations take place that an interrogation, ethical interrogation, never involves torture or abuse.

Then we need to ask the question, can an interrogation be done in an ethical manner? If the answer to that question is no, the conversation stops, because if an interrogation can’t be done in an ethical manner, no one should be doing interrogations. If an interrogation can be done in an ethical manner, then we pose the question, what is the appropriate role for a psychologist in that process?

AMY GOODMAN: That was Dr. Stephen Behnke, a member of the APA leadership, which has opposed this referendum. Your response, Dr. Stephen Soldz?

DR. STEPHEN SOLDZ: Well, clearly interrogations can be done in an ethical manner. Veteran military interrogators that we have talked to—and we’ve talked to many of them—are aghast at what this administration is doing. But what they also say is many of them do not want psychologists there. They say they don’t help. And what one of these veteran interrogators I’ve talked to said, and I think it’s so clear, he says, “As a citizen, I don’t want psychologists. Your profession is based on a principle of ‘do no harm.’ Your job is to help people, to serve the public and help distressed people. If we have you here, that violates your professional ethics of ‘do no harm,’ and it’s a loss for all of us, because we can no longer count on your profession to uphold the highest ethical standards.” The medical doctors and psychiatrists have said that participation in interrogations violates the standard of “do no harm.” And psychologists have to do the same thing. We need that as citizens.

We’re hearing from soldiers in Iraq that they will not go to psychologists, some of them, because they’ve heard about their participation in interrogations, and there’s a lack of trust. Our profession needs that trust, that we will always look out for the good of people and not participate in efforts to break them down.

JUAN GONZALEZ: I’d like to ask Brad Olson, assistant research professor at Northwestern University, about ten colleges and universities have gone on record as—the psychology departments—as opposing this kind of participation by psychologists in coercive interrogations, including Guilford College, Smith College, University of Rhode Island, California State at Long Beach. But that’s a very small group compared to the number of universities out there. Why have not more university psychology departments not taken a stand on this issue?

DR. BRAD OLSON: Well, those departments, really are just brave great people at those universities who decided to organize their own efforts in their departments. We really haven’t pushed an initiative in that area. But I think that’s exactly what’s happening here, that we’re seeing, and what we’re trying to do with the referendum is we’re really trying to bring it to the membership, because we know that the American Psychological Association’s governing body, council and their board are just really not—have come up with policy after policy that secures psychologists in these detention sites and in the interrogation role.

AMY GOODMAN: How is this different from last year when you put forward a resolution? How is this referendum different? And what does it mean that you’re now bringing it directly to the membership? How are people voting?

DR. BRAD OLSON: People are voting by September 15th. They’re getting a ballot in the mail right now, as we speak, and then they’re supposed to send that in September 15th. And the difference from the past resolution is this one focuses on settings. These are—I mean, the CIA black sites and Guantanamo Bay have, as we all know, just systemic harm. And so, what this is saying is that there is no role for psychologists at those sites unless those psychologists are focused directly on the detainees.

AMY GOODMAN: Let me go back to the state legislator, Ridley-Thomas. Are you saying that, given the current guidelines, the American Psychological Association, a psychologist could be brought up on charges for participating in coercive interrogations at, say, Guantanamo?

SEN. MARK RIDLEY-THOMAS: That’s essentially what the resolution asserts, and it’s been transmitted by the secretary of the Senate to all of the boards that govern health professions. And we have sent this in a rather unequivocal way. It is also being sent to the federal government to cause them to know that we stand against torture and the participation of those whose oath causes them to do no harm. Yes, the resolution is being taken seriously by all the boards who are specifically affected by state law, in this instance, first, and then federal law and then obviously international law. We are very serious about this issue.

JUAN GONZALEZ: Well, at a hearing this June, the Armed Forces Senate Committee released a series of previously classified documents detailing how the Pentagon and the CIA transformed the military’s SERE resistance training program into a blueprint for interrogating terrorist suspects. Committee chair, Senator Carl Levin, explained the timeline of implementing the SERE, or Survival, Evasion, Resistance, Escape, techniques and the role of military psychologists in devising these routines.

SEN. CARL LEVIN: On October 2nd, 2002, a week after John Rizzo, the acting CIA general counsel, visited Gitmo, a second senior CIA lawyer, Jonathan Fredman, who was chief counsel to the CIA’s Counterterrorism Center, went to Guantanamo, attended a meeting of Gitmo staff and discussed a memo proposing the use of aggressive interrogation techniques. That memo had been drafted by a psychologist and psychiatrist from Gitmo who a couple of weeks earlier had attended that training given at Fort Bragg by instructors by the SERE school.

AMY GOODMAN: Leonard Rubinstein, we only have about thirty seconds, but can you sum up right now the significance of the special role that psychologists have played, as opposed to medical doctors and psychiatrists?

LEONARD RUBINSTEIN: It’s been very unfortunate that psychologists were at the very heart of the design and implementation of the techniques of torture that have been used at Guantanamo and by the CIA and that that was part of an effort that was quite deliberate to destroy people as a way of getting information. It’s good that the American Psychological Association has come out against torture in very explicit ways, but their policy now is asking people to be heroic, that is, going to places where the policy is to destroy people and say—

AMY GOODMAN: We’re going to have to leave it there. Leonard Rubinstein, thanks for joining us, also Senator Mark Ridley-Thomas, Steve Soldz and Brad Olson.

Add comment August 25th, 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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