Posts filed under 'Psychological Torture'

The Torture Report: What the Documents Say About America’s Post-9/11 Torture Program

An important forthcoming book The Torture Report: What the Documents Say About America’s Post-9/11 Torture Program described by the author:

The “war on terror,” brought to light by Freedom of Information Act litigation. As the lead author of the ACLU’s report on these documents, Larry Siems is in a unique position to chronicle who did what, to whom and when. This book, written with the pace and intensity of a thriller, serves as a tragic reminder of what happens when commitments to law, common sense, and human dignity are cast aside, when it becomes difficult to discern the difference between two groups intent on perpetrating extreme violence on their fellow human beings.

Divided into three sections, The Torture Report presents a stunning array of eyewitness and first-person reports—by victims, perpetrators, dissenters, and investigators—of the CIA’s White House-orchestrated interrogations in illegal, secret prisons around the world; the Pentagon’s “special projects,” in Guantánamo Bay, Cuba; plots real and imagined, and much more.

January 9th, 2012

Xenakis: Healers, Torture and National Security

Gen. Stephen Xenakis (Ret.), psychiatrist, has written a new article on health providers and torture. He succinctly reminds us of the history of the dangers of blurred boundaries and the the reasons to keep health providers far away from participation in interrogations:

Healers, Torture and National Security

by Stephen N. Xenakis

In 2004, the news that Americans had committed abuse and mistreatment in Abu Ghraib and Guantanamo was shocking. Even more alarming, were the revelations that physicians, psychiatrists, and other mental health professionals had assisted with interrogations that bordered on torture.

In the span of just two generations, the United States had drifted from condemning Nazi physicians at the Nuremberg Trials for their collusion with torture, inhuman experimentation and cruel mistreatment to justifying waterboarding in the pursuit of better intelligence.

As a retired brigadier general and Army psychiatrist, committed to a strong military and national defense, I find these scandals to be most disturbing. The complicity of psychiatrists and other physicians clearly deviated from the fundamental ethical principles of the medical profession and military medicine. My generation of soldiers, who had served during the Vietnam War, vowed not to repeat the misdeeds of the My Lai massacres and rampant indiscipline we witnessed.

However, after the attack on the World Trade Towers, fear and anger dominated the country’s emotional climate and the principles of our profession were hijacked. The incessant drumbeat of political rhetoric that “the war on terror is a war like no other” and that “we must take all measures possible to stop the enemy” made it somehow easier for psychiatrists to apply their skills and training to exploit the vulnerabilities of prisoners. To this day, former government officials justify cruel and inhuman treatment of detainees at Bagram and Guantanamo with unsubstantiated assertions that their confessions led to the trail of Osama bin Laden. The public supported such conduct and the television show “24″ gained wide popularity as viewers were captivated by threats of violence and new gimmicks for bringing the bad guys down. Even the presidential candidates in 2008 were ambushed by questions that judged their fitness to be commander in chief by their willingness to torture a suspect who planted a “ticking bomb.”

But, there is no evidence to confirm the assertions that torture of prisoners has helped the war effort at all.

The plain fact is that nothing that has been claimed in the name of defending our country can justify cruel, inhuman and degrading treatment of another man or woman. Torture, in any form – light or heavy – is not a tool of interrogation or useful for gathering good intelligence. It is a propaganda tool and degrades the perpetrator as well as the victim. This is not just the rhetoric of bleeding heart progressives. It is the opinion of over fifty retired admirals, generals(1) and senior government officials convened by Human Rights First to discuss this issue, and our conclusions can be stated simply:

  • Torture Is Un-American. Gen. George Washington laid down the directive that American soldiers will treat the enemy humanely and conform to high moral & ethical principles on the battlefield.
  • Torture Is Ineffective. Experienced interrogators acknowledge that information extracted by the use of torture is unreliable.
  • Torture Is Unnecessary. Veteran FBI agents and military interrogators have spoken out publicly against the use of physical pressure in interrogation.
  • Torture Is Damaging. “… a person who is tortured is damaged, but so are the torturer, the nation and the military. [3]“

Torture has long been associated with political repression and with regimes without any semblance of an independent judiciary or media. The Soviet Union’s imprisonment of dissenters and forced use of psychotropic medication on them, the Khmer Rouge’s torture of thousands of people in Cambodia and the Augusto Pinochet regime’s brutality against prisoners in Chile all bear witness to the association between totalitarian or authoritarian regimes and their use of torture.

As the human rights lawyer Leonard Rubenstein and I wrote [4] in March 2010, “the medical staff at the C.I.A. and the Pentagon played a critical role in developing and carrying out torture procedures. Psychologists and at least one doctor designed or recommended coercive interrogation methods including sleep deprivation, stress positions, isolation and waterboarding. The military’s Behavioral Science Consultation Teams evaluated detainees, consulted their medical records to ascertain vulnerabilities and advised interrogators when to push harder for intelligence information. Psychologists designed a program for new arrivals at Guantánamo [5]that kept them in isolation to ‘enhance and exploit’ their ‘disorientation and disorganization.’ Medical officials monitored interrogations and ordered medical interventions so they could continue even when the detainee was in obvious distress. In one case, an interrogation log obtained by Time magazine shows [6] a medical corpsman ordered intravenous fluids to be administered to a dehydrated detainee even as loud music was played to deprive him of sleep.”

We cannot dismiss the psychiatrists and psychologists, who participated in interrogations in Guantanamo and helped devise the abusive practices, as mere rogues or outliers. They were actors on a much larger stage. They were swept up by a pervasive and persuasive attitude that subsumed the country and energized a military plan to “hunt down the criminals wherever they may be hiding.” The Department of Defense (DoD) issued policy accordingly and the Office of Assistant Secretary for Health Affairs contended that the legitimate objective of fighting terrorism trumps the ethical responsibility of the healing practitioner. In their eyes, “the ends justify the means” and a few brutalized prisoners were a small price to pay for protecting the citizens of the United States.

But, in truth, the use of torture and practices of cruel, inhuman and degrading treatment detracted from the military mission and compromised the international stature of our country, while also undermining the effectiveness, credibility and ethical foundations of the medical professionals. To a certain extent, the administration realizes this. Now, ten years into the wars in Iraq and Afghanistan, the White House has changed the national strategy and President Obama has insisted, “human rights is both fundamental to American leadership and a source of our strength in the world.” In his words, it “does not merely represent our better angels …” Standing up for human rights has come front and center both as a matter of national strategy and measure of human decency. Historically, the human rights stance against torture has been unequivocal, one of the few absolutes in human rights law: It is never permitted, never excused, never to be balanced against national needs or interests – even in cases of national emergency. Torture is also forbidden under the laws of war. It is considered a war crime under the Geneva Conventions [7].

This is important and good, but it is not enough. The political leadership of our nation does not have an appetite for investigating the misdeeds that were committed in the past ten years. A change for the better that is not informed by an honest assessment of the sins of the past is not likely to be either permanent or fully integrated into the power structure. Several human rights groups have called for a Commission of Truth and Reconciliation to spur corrective action. By this, they are referring to comprehensive programs that were undertaken in South Africa and in the former Soviet Union to bring to justice the perpetrators of misdeeds and examine the range of responsibility that society as a whole had for the injustices of the past. Mental health professionals understand the power of confession and repentance, for individuals, communities and institutions. Something is needed that goes beyond apology, regret or even a vow to do better. A Commission of Truth and Reconciliation is a step toward corrective action.

By reflecting on the ethical principles and traditions of the healing professions, a stronger case can be put forward against torture and mistreatment:

  • First, do no harm. The victims of torture and mistreatment breed political instability and discontent, weakening governments and societies.
  • Beneficence. Torture and mistreatment violate the intents and purposes of medical healers and participation in any way corrupts the ethical foundations of the practitioners and professions.
  • Professional role. Physicians are not interrogators, any more than they are fighter pilots or infantrymen. The military and other governmental agencies have other professionals to do those tasks and calling on physicians to fill such roles is irresponsible and ineffective.
  • Trust. Physicians enjoy special trust and confidence across almost all societies. That trust is undermined with participation in harmful, coercive and abusive conduct that is neither doctor-like nor appropriate.

In 1947, our nation and its allies tried and sentenced the Nazi physicians who violated basic principles of medical ethics. In 2003, the political dynamics and national sentiment induced physicians and psychiatrists and other health care professionals to commit actions that violated core ethics. The healing professions can lead corrective action, help the country recover the “high ground” and prevent future lapses in professional conduct and policies that violated human rights. Human rights are vital to national security in the 21st century.

Much has improved since the dark days of 9/11, but our nation has been damaged. Where once the symbol of our great democracy was the Statue of Liberty – it has now become the image of that poor hooded man in detention with wires strung from his hands and feet. Our men and women on the front lines are endangered because of the increased risk of retaliatory measures. We are not safer because of these misguided policies and how we have acted as a country.

1. I have recent experience that confirms my opinions on the ineffectiveness of harsh interrogation techniques, their unethical nature and harmful consequences. In the past five years, I have been asked to assess several detainees and review the medical records of many more on behalf of defense attorneys. Many detainees subjected to harsh interrogation, as designed and approved by clinicians working for the CIA and DoD, still suffer with the prolonged injuries and adverse psychological effects of their treatment. The evidence of negative effects of the harsh interrogations has been compelling. Moreover, the information gleaned in interrogations that involved harsh treatment has not been allowed in court proceedings.

December 15th, 2011

Annul the PENS Report


Read and sign our petition to annul the PENS Report.

November 21st, 2011

A chink in the armor: Donald Rumsfeld can be sued for torture

So far, the Obama administration has managed to close off virtually every avenue of accountability for torture by US officials. But the courts has refused to join the Obama DOJ in declaring torture of anyone anywhere anytime by US officials totally protected. In two weeks two US courts have ruled that former Defense Secretary Rumsfeld can be sued by US citizens who claim they were tortured on his orders. While not much, this does break a tiny hole into the Obama doctrine of sovereign immunity for torture. Dahlia Lithwick explains:

It’s important to understand that the court makes no judgment on Vance and Ertel’s claims. But for the purposes of Rumsfeld’s motion to dismiss, the court is legally bound to treat their claims as if they are true. That’s hugely consequential because, as Adam Serwer explained last week: “When deciding whether or not these cases are allowed to go forward, judges have to assume that the plaintiff’s version of events is ‘reasonable.’ So part of what Rumsfeld and his team have to argue is that even if the allegations were true, the law doesn’t allow Doe to sue the government for torturing him and detaining him without trial.” Rumsfeld and the Obama administration have taken precisely this position. Even if everything Vance alleges is true, he still loses. They claim, in short, that Rumsfeld should be immune from suit because it was unreasonable to have expected him to know that the abuse he authorized was unconstitutional. They also raise claims about the dangers of judicial intrusions on the executive branch’s war-making powers and—of course—about the danger of disclosing state secrets.

The full article:

Damages
An appeals court allows a suit against Donald Rumsfeld to go forward.

By Dahlia Lithwick

Last week, a federal district court judge in Washington, D.C., determined that a lawsuit filed against former Defense Secretary Donald Rumsfeld by a former military translator who claimed to have been tortured by U.S. forces at Camp Cropper in Iraq could go forward despite claims from Rumsfeld and the Obama administration that he should be immune from suit. After assessing the claims of “John Doe,” Judge James S. Gwin found that American citizens don’t lose their constitutional rights simply because it’s wartime. “The court finds no convincing reason,” wrote Gwin, “that United States citizens in Iraq should or must lose previously-declared substantive due process protections during prolonged detention in a conflict zone abroad.”

On Monday, a three-judge panel from the Chicago-based 7th Circuit Court of Appeals came to pretty much the same conclusion. Reviewing a different lawsuit, filed by two different military contractors, alleging similar forms of abuse at the same camp, the panel determined, with one judge filing a partial dissent, that their suit against Rumsfeld could proceed.

The case of Donald Vance and Nathan Ertel reads like Catch-22, updated for an even sillier war. In a 2006 profile of Vance for the New York Times, Michael Moss laid out the story: Vance was “a 29-year-old Navy veteran from Chicago who went to Iraq as a security contractor. He wound up as a whistle-blower, passing information to the FBI about suspicious activities at the Iraqi security firm where he worked, including what he said was possible illegal weapons trading. But when American soldiers raided the company at his urging, Mr. Vance and another American who worked there [Ertel] were detained as suspects by the military, which was unaware that Mr. Vance was an informer, according to officials and military documents.”

Vance and Ertel became suspicious about activities at Shield Group Security the Iraqi security firm that employed them—activities that included stockpiling weapons and offering liquor to U.S. soldiers in exchange for bullets and weapon repairs. When he became an informant for the FBI, he was risking his life to protect national security. Shield Group Security began to suspect Vance and Ertel and things got hairy. A military team sent in to rescue them ended up shipping them to Camp Cropper and warehoused them at Compound 5, the maximum-security unit where Saddam Hussein was held.

Overnight, Vance and Ertel went from U.S. contractors to “enemy combatants,” and both were allegedly subjected to sleep deprivation, aggressive interrogation, blindfolding, shackling, hooding, and “walling.” Both were denied access to legal counsel for their appearances before the Detainee Status Board, and neither was allowed to see the evidence against them. Writing for the majority today, Judge David Hamilton doesn’t mince words about this treatment:

After the plaintiffs were taken to Camp Cropper, they experienced a nightmarish scene in which they were detained incommunicado, in solitary confinement, and subjected to physical and psychological torture for the duration of their imprisonment—Vance for three months and Ertel for six weeks. They allege that all of the abuse they endured in those weeks was inflicted by Americans, some military officials and some civilian officials. They allege that the torture they experienced was of the kind “supposedly reserved for terrorists and so-called enemy combatants.” If the plaintiffs’ allegations are true, two young American civilians were trying to do the right thing by becoming whistleblowers to the U.S. government, but found themselves detained in prison and tortured by their own government, without notice to their families and with no sign of when the harsh physical and psychological abuse would end.

The two were never charged with any crime. Instead, in a resolution that looks ever more familiar, both were eventually dumped at the airport in Baghdad to make their own way home. They sued Rumsfeld and other “unknown defendants” for “their roles in creating and carrying out policies that caused plaintiffs’ alleged torture.” Rumsfeld moved to dismiss all claims. The district court agreed to dismiss some claims but allowed the case to proceed on others, including the claim that their treatment amounted to unconstitutional cruel, inhuman, and degrading treatment.

It’s important to understand that the court makes no judgment on Vance and Ertel’s claims. But for the purposes of Rumsfeld’s motion to dismiss, the court is legally bound to treat their claims as if they are true. That’s hugely consequential because, as Adam Serwer explained last week: “When deciding whether or not these cases are allowed to go forward, judges have to assume that the plaintiff’s version of events is ‘reasonable.’ So part of what Rumsfeld and his team have to argue is that even if the allegations were true, the law doesn’t allow Doe to sue the government for torturing him and detaining him without trial.” Rumsfeld and the Obama administration have taken precisely this position. Even if everything Vance alleges is true, he still loses. They claim, in short, that Rumsfeld should be immune from suit because it was unreasonable to have expected him to know that the abuse he authorized was unconstitutional. They also raise claims about the dangers of judicial intrusions on the executive branch’s war-making powers and—of course—about the danger of disclosing state secrets.

It’s a pretty high standard for the plaintiffs to meet. As the court explains it, “the inquiry before us is whether the plaintiffs have pled sufficiently that defendant Secretary Rumsfeld personally established the relevant policies that authorized the unconstitutional torture they allege they suffered.” But the majority finds that Vance and Ertel did plead sufficient facts to show that Rumsfeld had personal responsibility for their mistreatment.

Turning to the question of Rumsfeld’s qualified immunity from suit, the majority finds that “plaintiffs have articulated facts that, if true, would show the violation of a clearly established constitutional right.” Judge Hamilton reminds us that the questions about the legality of torture are not really “questions” at all, asking: “On what conceivable basis could a U.S. public official possibly conclude that it was constitutional to torture U.S. citizens?” He then quotes 18 USC, Section 2340A (the statute criminalizing overseas torture); the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment; and Siderman de Blake v. Republic of Argentina (a 9th Circuit decision finding that “it would be unthinkable to conclude other than that acts of official torture violate customary international law”). Hamilton writes that “The wrongdoing alleged here violates the most basic terms of the constitutional compact between our government and the citizens of this country. … There can be no doubt that the deliberate infliction of such treatment on U.S. citizens, even in a war zone, is unconstitutional.”

The majority addresses and dismisses the national-security and state-secrets claims. It’s clear that for the majority, the fact that the victims here were American citizens abroad makes an enormous difference to the outcome of the case. When reached for comment today, Michael Kanovitz, who represents Vance and Ertel, reiterated that critical fact: “This court was faced with a choice between protecting the most fundamental rights of American citizens in the difficult context of a war or leaving those rights solely in the hands of politicians and the military. The court sided with the rights of the citizens. It was not an easy choice for the court to make, but it was the brave and right choice.”

That it was a brave and right choice may not be enough to rescue this case if and when it ever comes to a trial. (The case may still be appealed to the full Seventh Circuit or to the Supreme Court.) It will be a challenge for the plaintiffs to show what they say they can prove. But the case, even as it stands today, should suffice to remind the rest of us that this isn’t a case about foreigners at Guantanamo but a case about a Navy veteran caught up in a series of errors in the field. This case isn’t about the rights of an enemy soldier detained on a battlefield with a weapon in his hand. It’s about the rights of brave whistle-blowers who were tortured by bureaucratic mistake.

If you don’t believe the war on terror is migrating into your backyard, this case is confirmation. If you don’t think the state-secrets doctrine will be trotted out to protect the government’s abuse of innocent Americans as well as foreign prisoners, this case proves it. If you worry that “turning the page” means always finding more of the same, this case makes that plain. A country in which nobody is ever really responsible is a country in which nobody is ever truly safe.

Dahlia Lithwick is a Slate senior editor. Follow her on Twitter.

1 comment August 9th, 2011

Australian prosecutor attempts to seize David Hicks book assets

In a recent article at hi new blog on Firedoglake, Jeffrey Kaye writes of the Australian prosecutor’s attempts to seize the proceeds from released Guantanamo prisoner David Hicks’ book:

Aussie Prosecutors’ Vendetta Targets Ex-Guantanamo Detainee’s Book Proceeds

By Jeff Kaye

Australian news sources have announced that the Commonwealth Director of Public Prosecutions (CDPP) have initiated legal actions to seize the royalties former Guantanamo detainee David Hicks has earned from the publication of his autobiography, Guantanamo: My Journey. The book was published last year by Random House Australia, and has reportedly sold upwards of 30,000 copies. No U.S. publisher has bought rights to the book, and it remains unavailable through U.S. booksellers.

Terry Hicks, David’s father, called the move “absolutely disgusting,” and according to my sources, the Hicks family is said to be “devastated.”

According to a report by The Australian, under Australia’s Commonwealth Proceeds of Crime Act “a person cannot profit from proceeds derived from the commercial exploitation of their criminal notoriety arising from a foreign indictable offence.” The “offense” in this case is Hicks’ guilty plea before the spurious U.S. military commissions to supposedly “providing material support to terrorism.”

But as Australian barrister Ben Saul, who has advised Hicks in various matters, noted last February, responding to earlier propaganda beseeching  the Australian government to confiscate Hicks’ book earnings:

Yet, it is almost certain that such offence did not exist in law at the time of Hicks’ conduct. As a result, his conviction is retrospective and contrary to international law. The conviction for that bogus offence also resulted from a procedurally unfair trial, and probably torture.

Saul also commented in the same article on the irony that calls have gone out to confiscate any profits David Hicks might receive from his book, while former Australian Prime Minister John Howard is free to profit from his own memoir, recently published, Lazarus Rising. Howard, Saul notes “has evaded comparable scrutiny, principally because his suspected crime – the illegal, aggressive invasion of Iraq – is not covered by Australia’s proceeds of crime laws.”

Indeed, not only was Howard guilty of using his executive powers to commit Australian forces to the U.S.-organized 2003 invasion of Iraq, he was also heavily involved in decisions made around the incarceration of Hicks himself, as the former Guantanamo detainee and torture victim describes in his book (which again, I stress, is unavailable through routine retail outlets in the United States). It was only through the intervention of Dick Cheney, and his hand-picked military commissions Convening Authority Susan Crawford, on behalf of U.S. authorities desperate at the time to conclude at least one of their military commissions prosecutions, that a plea deal was ever struck.

Interestingly, the plea deal allowed an Alford plea, which meant Hicks could plea guilty to the single “material support” charge, while never formally agreeing to admit to guilt in his actions. In his book, Hicks clearly states that he pleaded guilty in order to get out of Guantanamo, and that up to that time, he had been in fact considering suicide.

Susan Crawford, after negotiating with my lawyers and saying no to serving less time, agreed to allow me to enter an Alford Plea if I chose, as an incentive to cooperate. Under this US legislation, a person can plead guilty without admitting to the act they are accused of. In other words, contrary to media reports, I did not ‘admit’ or ‘confess’ to providing material support to terrorism; I pleaded guilty without accepting guilt to the charge so I could return home. To plead guilty was really saying that the system was unfair and I could never win, not that I ever provided support to a terrorist organisation.

I had two choices: take the Alford Plea and face all ramifications and consequences that would follow, or return to my cell, resign myself to hopelessness and follow through with my suicide plan.

The plea bargain also included other onerous conditions, including a one-year gag order, an agreement he would assign all monies from his story to the Australian government, a statement that he was not coerced into accepting the plea bargain, and an agreement to cooperate with U.S. and Australian security officials for the rest of his life, among other ridiculous stipulations.

 

It is difficult to know why  the CDPP has decided now to officially go after Hicks’ royalties. One wonders if it had anything to do with the warm reception and ovation he received when he spoke to “a packed audience of 1000 people at the Sydney Writers’ Festival” last May. At the same event, Hicks “also warned that Julian Assange could face a similar abandonment by the Australian government, if the US government get their hands on him.”

Certainly the Australian government has not taken kindly to the fact that David has chosen not to remain silent about the abuses he endured, or the criminal activities that took place at Guantanamo. Last year, he submitted an affidavit (PDF) to the United Nations Human Rights Committee, detailing numerous breaches of the International Covenant on Civil and Political Rights relevant to his case.

One of the items concerns the charges of “material support”:

In 2007, a United States (US) military commission at Guantanamo Bay, Cuba, convicted Mr Hicks of the offence of ‘providing material support for terrorism’ under section 950v(25) of the Military Commission Act 2006 (USA) (‘MCA’) (Annexure C). That offence was unknown to international law or US domestic law at the time of Mr Hicks’ alleged conduct and Mr Hicks was thus subject to retroactive criminal punishment, contrary to article 15 of the ICCPR. By entering into a Prisoner Transfer Arrangement (Annexure Q) with the US, to enforce Mr Hicks’ sentence of imprisonment in an Australian prison, and by enacting related domestic legislation, Australia assumed direct responsibility for the unlawful, retrospective criminal punishment of Mr Hicks. Such conduct was not justifiable and reasonable alternatives to it were available in order to achieve the humanitarian purpose of securing Mr Hicks’ release from Guantanamo Bay.

Nevertheless, according to The Australian article, University of New South Wales law professor George Williams thought the CDPP had “a strong case.” “But that is subject to a court giving weight and recognizing the validity of Hicks’s plea and the conviction. This may well be an opportunity for David Hicks to open up questions about those matters,” Professor Williams said.

Torture and Medical Experimentation

Why would a man plead guilty to something to which he was innocent? Why was such a plea — or suicide — preferable to continued detention in the U.S. Cuban island prison?

As David Hicks outlined in his book, he was subjected to numerous kinds of torture, in addition to probable medical experiments. Last February, investigative journalist Jason Leopold published at Truthout the first in-depth interview with Hicks. In his introduction, Leopold summarized the torture Hicks endured at the hands of Guantanamo authorities:

Hicks was brutally tortured. Psychologically and physically for four years, maybe longer. He was injected in the back of his neck with unknown drugs. He was sodomized with a foreign object. He spent nearly a year in solitary confinement. He was beaten once for ten hours. He was threatened with death. He was placed in painful stress positions. He was subjected to sleep deprivation. He was exposed to extremely cold temperatures, loud music and strobe lights designed to disorient his senses. He was interrogated on a near daily basis.

In Guantanamo: My Journey, Hicks described one of the medical experiments:

I was given an injection. Within an hour or so I couldn’t help but huddle in a corner of the cage. Physically, I felt comfortable, even though it was an odd thing for me to do. In the back of my mind I knew it was strange, but as long as I stayed in that corner I had no real thoughts at all. When I tried to move from that position, whether to eat or go to the toilet, I became extremely agitated and nervous. I would quickly resume my huddled position. Getting the slight shakes was another side effect of this medication. Some time on the second day I began to feel normal again and came out of the corner. I knew I had acted unusually but, because most of that period was a blank in my mind, I could not decide if the injection was responsible. I think it was the day after, when I began to feel normal again, that I was given another injection. I was scared and pleaded for them not to, but I was threatened with an IRFing if I did not cooperate. [The Immediate Reaction Force (IRF) was a riot squad mobilized to brutalize Guantanamo inmates.] A majority of detainees were being IRFed by then for refusing medication, so I just surrendered my arm, thinking that the needle might snap off in my shoulder if they jabbed me during a beating. I was quickly aware of the results. I went straight to the corner again and curled up but, unlike last time, I was under no illusions about what was happening or why. I tried to fight this chemical reaction but was powerless. My mind was clear and alert, and I could identify my behaviour as abnormal, but my body would not listen to my mind. I had no control and remained in the corner, despite wanting to move. This time around the experience was very distressing. All I could do was wait for the effects of the medication to wear off a full day later.

Once again it was the ICRC [International Committee of the Red Cross] that saved us. This period of forced injections and pills coincided with another visit from the only group of people on that island who did not wish us harm: the ICRC. Before I was given a third injection, MPs came and escorted me to an interrogation building, where I had a private interview with an ICRC employee. I pleaded with him to do something about these medical experiments. He told me that nearly every detainee he had seen so far had reported the same program and its effects. Almost instantly after that interview the injections and tablets were stopped, and I did not have to endure another injection. Instead of nearly daily doses, it went back to the normal – at least one injection every two months, including having blood samples taken.

In the United States, outrageously there has been next to no interest in pursuing charges of medical experimentation upon detainees held by the United States. Similar stories of such experiments have been given by a number of released detainees. Additionally,  Jason Leopold and I have published a number of articles about the abusive administration of an unprecedented mass administration of a controversial antimalarial drug, melfoquine, known for serious neuropsychiatric effects, on all Guantanamo detainees as part of their initial in-processing. (See herehere, and here.)

A FOIA of an Inspector General report on drugging of detainees has been in process for this reporter for nearly a year, with such delay belying claims of “transparency” and prompt Freedom of Information response by the Obama Administration.

Clearly, the attempts to seize royalties from David Hicks is part of an attempt to impugn his work, and to punish or isolate him for truth-telling. Such bullying can only be stopped by international and Australian protest.

Update: The Justice Campaign, an Australian human rights, anti-torture organization formed largely to help publicize the David Hicks case has released a statement on the CDPP legal actions.

The Justice Campaign (TJC) is appalled at the news that the Australian Government has moved to recover the proceeds of David Hicks’ book, Guantanamo: My Journey.

TJC patron, the Hon. John Dowd said today “David Hicks has not been convicted of a crime in Australia. He has not been convicted of an offence under US law. There is no basis for removing any profits from the sale of his book.” Justice Dowd said.

“The Military Commissions Charges were invalid under US law and he was coerced.”

TJC spokesperson, Stephen Kenny said today “this is a blatant move to shift the focus of the Australian government’s responsibility to thoroughly and openly investigate torture allegations….

The Justice Campaign remains committed in calling for an investigation into David’s credible allegations of torture and the political interference in his eventual plea deal.

(Note: differences in spelling of some words, i.e. between U.S. and Australian spellings, has been left intact in this article, when Australian spellings were included in quoted material.)

 

July 22nd, 2011

Noted South African judge Albie Sachs on the horrors of solitary confinement

Albie Sachs, a former judge on the Constitutional Court of South Africa, recalls being placed in solitary confinement without trial while living under South African apartheid. Sachs describes the experience as worse than the car bomb that took his right arm and left him blind in one eye.

May 18th, 2011

Veteran Army Interrogators: Torture doesn’t work. Torture is wrong. Torture helps the enemy.

In my years in the antitorture movement, one of the most moving experience has been getting to know military interrogators, military intelligence professionals, JAGS, and  other military members who struggled to behave honorably, often at great personal cost, even when they served an administration that promoted torture and when the American public became convinced by politicians, pundits, and the media that torture was both right and necessary. Below is a recent statement by a veteran Army interrogator and interrogation instructor, 1LT(P) Marcus Lewis, who reminds his fellow interrogators of the folly of the torture promoters. Torture neither “works” nor is it moral, he reminds them.

Lewis is not alone among experienced interrogators. One of the sad facts is that when the Bush administration and the CIA were creating the torture program they ignored the opinions of experienced interrogators, preferring instead the views of psychologists without any actual interrogation experience. What they got as a result was not an effective strategy for obtaining accurate intelligence, but a program that could effectively get prisoners to say what they believed their torturers wanted to hear. The fact that occasionally a tortured soul uttered a morsel of true information is no more an argument that torture is effective than the fact that I once caught a sunfish with an empty hook proves that fishing without bait is an effective fishing strategy.

Forbes today has an article describing the similar views of an interrogator currently serving in Afghanistan:

A top United States interrogator in Afghanistan says that torture played no role in locating Osama bin Laden, and that claims to the contrary by former Bush administration officials recently is “propaganda [that] degrades our intelligence operations more than any other factor I can think of.”

This interrogator, like so many others, emphasizes not only that torture doesn’t “work” and is wrong, but that it causes great harm by creating enemies:

Such talk also creates blowback — unintended consequences — that can be deadly, he added in an interview. “Simply the idea of our interrogators using torture or coercion recruits jihadists, facilitators, suppliers, supporters, and even suicide bombers, against us and our allies,” he said.

On the subject of blowback, he continued:

I cannot even count the amount of times that I personally have come face to face with detainees, who told me they were primarily motivated to do what they did, because of hearing that we committed torture. Even the rumor of torture is enough to convince an army of uneducated and illiterate, yet religiously motivated young boys to strap bombs to their chests and blow themselves up while killing whoever happens to be around – police, soldiers, civilians, women, or children. Torture committed by Americans in the past continues to kill Americans today.

This interrogator, further bemoans the way in which torture promoting pundits and media injure efforts to teach effective and ethical interrogation technique to new interrogators:

“If right-wing news outlets and partisan pundits or politicians are allowed to continue to spread their completely bogus claims that torture is effective,” he said, “then we will have corrupted the beliefs of yet another generation of new intelligence recruits….It takes months and years of ‘intervention’ to get the next generation back on the track of quality work, specialization, and intelligence dominance – not quick and easy fixes. This is not an hour-long TV show.”

Alas, it is not experienced interrogators and military intelligence personnel who need to be reminded of the folly of torture. It is new military recruits and the rest of our fellow citizens who need to hear the message of  Lt. Marcus Lewis and of the Afghan interrogator interviewed byForbes.

Here is the email by Lt. Lewis to his fellow interrogators:

Fellow Interrogators, former interrogators, and instructors,

Once again, our profession is in the spotlight. As a former interrogator and instructor, now a leader in this schoolhouse, I would feel remiss not to speak out.

In the wake of Usama Bin Laden’s death, politicians, pundits, 24-hour TV chatterboxes, and other such attention-seekers have begun again to sharpen their teeth on that debate which should never have existed in a free country like the United States: the notion that torture is justified.

Some are pointing out that one of the couriers who led us to UBL gave up this information under the stress of waterboarding. The reality is that it took us over 14 long, painful years to get Bin Laden. For at least five of those years it seems he was hiding within a stone’s throw of the Pakistani Military Academy, in an embarrassing amount of comfort for the world’s most wanted terrorist.

That it took so long from the time the alleged waterboarding-derived information was revealed, seven years ago, according to some reports, until UBL’s demise only demonstrates how extraordinarily counterproductive our overt policy of torture was. We got a name only. Perhaps had we used some of our more sophisticated approaches — our minds rather than brutality — we would have had a detainee willing to take us directly to Bin Laden.

We will never know how many lives might have been saved had we held fast to our Army values instead of flaunting them out of fear of the unknown.

I need not remind you:

This is not a subject for debate as far as you are concerned as a military intelligence professional or contractor, especially as an instructor. We do not torture. We do not teach it. There are no winks, no nods, not a scintilla of reverence for “special warfare types” who might operate outside the rules. (Truth be told, anyone who has ever worked with JSOC, CJSOTF, Ranger Bat, OGA, etc., knows they have as many or more lawyers and rules than any odd Army BCT or Marine Det., and they don’t torture.)

I need not remind you:

In World War II, our nation executed Japanese officers for water torture.

In World War II, our nation executed German officers for torture.

I need not remind you:

Torture is illegal; it is wrong; it is against military law, values, doctrine; and it is against the basic human rights we soldiers have fought and died for in centuries of service to the United States of America. We don’t teach it. We don’t do it. It is cowardly and dishonorable. Do not let the moral flexibility of the political class sway you otherwise.

We know, to be sure, our experiences as interrogators have never been without significantly emotional moments. Good HUMINTers are tough, aggressive, if need be, push the envelope, but know well where and when to draw the line. Good HUMINTers don’t need to torture. We are calm and reasonable students of human behavior who can develop rapport with a source quickly and acquire valuable intelligence information, then just as quickly put that information forward in a coherent report or use it to stage a movement to the next critical target.

Torture is antithesis of everything we are. Torture is by nature anti-rapport building. Worse, torture paints the picture of the U.S. military and its soldiers as goons and stooges, the bully-imperialists, The Great Satan, the very picture our enemies would like their followers to believe is true, and we know is false.

It was analysis, insight, and smart detective work that got Bin Laden. This same kind of thinking we try to impart upon our students in the planning and preparation, approaches, and questioning phases of interrogation training. What’s really import in interrogation? We know: Strategic thought. Psychological insight. Preparation. Analysis. Patience. Restraint. Thinking before doing or acting. Having a reason for every word said and paying attention to each word said to you, the interrogator. Tenacity. That is interrogation. It is a game of thought and mental strength, not of brutality.

The popular press and, unfortunately, many otherwise well-meaning and some not-so-well meaning politicians can be tragically ignorant of our job, more informed by Hollywood fantasy and fear of the unknown than the cold hard facts of this discipline.

I ask you as soldiers and contracted intelligence professionals first, citizens second, not to let your personal political views sway you here. Both parties in our government use this issue to raise the emotional temperature within their respective constituencies to win votes, aggrandize, and score political points. Few speak to this issue with critical thought or concern for our values.

Indeed, I have heard no political leader put forward a dispassionate and convincing argument tying the defense of this great nation to the need to torture.

Stay true to your Army values, to your training, and you can’t go wrong.

Always be an advocate for rational thinking. Reason defeats irrationality.

Do not be afraid to speak out for the honorable discipline of military interrogation, as a humane and intellectual soldier, a linguist, an intelligence professional. You alone are the expert on the nuances of tribal culture in the Jazira around Mosul. You alone delve deep into the minutia of the politics in Waziristan, know the immensely important differences between the Pashtuns and Tajik tribes, or the particular affection a Ukrainian might still have for the former Soviet Union because he was born in Odessa. You know the enemy so you can defeat the enemy.

And, foremost, you are an advocate for the humane treatment of captured enemy personnel. You conduct your affairs in a legal and honorable manner.

We do not let the chattering classes set our agenda, or the politicians who bend in whichever direction they think the wind might blow any given moment. We obey lawful orders, defend the Constitution of the United States, and put ourselves in front of the enemy to defeat him.

This great Army, and I, have your six.

Sincerely,

1LT(P) Marcus Lewis

S3, 6/98 MI BN
United States Army Interrogator, Instructor, Intelligence Analyst
Fort Devens, MA

 

3 comments May 9th, 2011

Victory! Bradley Manning conditions improve

Courage to Resist reports that the international campaign against the abusive treatment of Bradley Manning has scored a major victory inn improving his conditions. Psychologists for Social Responsibility played a small role in this campaign through our two letters to Secretary of Defense Robert Gates. Here is the Courage to Resist statement:

Campaign Ends Torturous Treatment of Bradley Manning!

Supporters of accused WikiLeaks source vow to fight on for open trial and freedom

By the Bradley Manning Support Network. May 5, 2011

Hundreds of thousands of individuals globally celebrate today the confirmation that their efforts to end the torturous pre-trial confinement conditions inflicted upon US Army PFC Bradley Manning have been successful. Manning’s lead defense attorney, David E. Coombs of Rhode Island, has personally verified that Manning is indeed being held in Medium Custody confinement at the Joint Regional Corrections Facility (JRCF) at Fort Leavenworth, Kansas, as claimed by the Army last week.

“We won this battle because 600,000 individuals took the time to write letters and sign petitions, because thousands called the White House switchboard, because 300 of America’s top legal scholars decried Bradley’s pre-trial conditions as a clear violation of our Constitution’s 5th and 8th Amendments,” declared Jeff Paterson of Courage to Resist and the Bradley Manning Support Network. “We won this battle because over a hundred concerned citizens engaged in civil disobedience at the White House and at Quantico, and because our grassroots campaign shows no sign of slowing.”

These new conditions reflect a dramatic improvement for Manning following his transfer to Fort Leavenworth on April 20, 2011, after having suffered extreme solitary-like confinement at US Marine Corps Base Quantico, Virginia. During the nine months at Quantico, Manning was denied meaningful exercise, social interaction, sunlight, and was at times kept completely naked. These conditions were unique to Manning and were illegal under US military law as they clearly amounted to pre-trial punishment.

“I was able to tour the [Fort Leavenworth] facility and meet with PFC Manning last week. PFC Manning is now being held in Medium Custody. He is no longer under…harsh pretrial confinement conditions. Unlike at Quantico, PFC Manning’s cell has a large window that provides adequate natural light….PFC Manning is able to have all of his personal items in his cell, which include his clothing, his legal materials, books and letters from family and friends….Each pre-trial area (including PFC Manning’s) has four cells, and each pre-trial detainee is assigned to his own cell. The cells are connected to a shared common area, with a table, a treadmill, a television and a shower area….PFC Manning and his group are taken to the outdoor recreation area [for approximately two hours daily],” explained Coombs on his blog at www.armycourtmartialdefense.info hours ago.

“President Obama’s recent pronouncement that Bradley Manning ‘broke the law’ amounts to Unlawful Command Influence, something clearly prohibited because it’s devastating to the military justice system. Manning will eventually be judged by a jury of career military officers and noncommissioned officers. Will they be able to set aside the declaration of their commander in chief?” explains attorney Kevin Zeese, a member of the Bradley Manning Support Network. “Along with the illegal pre-trial punishment already inflicted upon Bradley, the government has more than enough legal basis to drop the prosecution. Instead, the death penalty or life in prison hangs over Manning’s head.”

After nearly a year in confinement, the Army is expected to soon announce Manning’s first public hearing, an Article 32 pre-trial proceeding, which will be held in the Washington DC area. Scores of international solidarity events are already being planned.

US Army intelligence analyst Private First Class Bradley E. Manning, 23-years-old, was arrested in Iraq on May 26, 2010. He still awaits his first public court hearing, now expected to begin in June 2011. Over 4,300 individuals have contributed over $333,000 towards PFC Manning’s legal fees and related public education efforts. The Bradley Manning Support Network is dedicated to thwarting the military’s attempts to hold a secret court martial, and to eventually winning the freedom of PFC Manning.

 

 

 

 

 

May 5th, 2011

Matthew Alexander on torture and the bin Laden capture

As the torture team uses the capture of bin Laden to defend their crimes, military interrogator Matthew Alexander demonstrates the falsity of their claims and points out that torture led to the “deaths of hundreds or thousands of American soldiers” in this interview on Democracy Now!

May 5th, 2011

Kaye: Guantanamo Psychologist Led Rendition and Imprisonment of Afghan Boys

Psychologist Jeff Kaye has elaborated in Truthout on our understanding of the actions of psychologist Col. Larry James during the time that James was head of the Behavioral Science Consultation Team [BSCT] at Guantanamo in 2003. Kaye discusses the actions of James in regards to the numerous juvenile detainees at the facility during James’ tenure:

Guantanamo Psychologist Led Rendition and Imprisonment of Afghan Boys, Complaint Charges

By Jeffrey Kaye

Four Ohio residents filed court papers last week seeking to compel the Ohio State Psychology Board to investigate Dr. Larry James, a retired Army colonel and former chief psychologist for the intelligence command at the Guantanamo Bay prison facility, who oversaw the brutal torture of detainees, including children.

The motion was filed by Harvard Law School’s International Human Rights Clinic (IHRC) in the Franklin County Court of Common Pleas on behalf of the four residents, which includes a psychologist, a veteran, a minister and a long-time mental health advocate.

Earlier this year, the psychology board had dismissed a complaint first filed by the same Ohio residents last July, stating, “It has been determined that we are unable to proceed to formal action in this matter.”

The original complaint, filed with the Ohio Board of Psychology, was supported by over a thousand pages of documentation, including reports from the US military, the Department of Justice, the Central Intelligence Agency and statements from survivors and witnesses. But the board did not provide a rationale as to why it was unable to probe the allegations leveled against James.

James was head of the Behavioral Science Consultation Team (BSCT), which was made up of psychologists and other mental health professionals who assisted interrogators at the prison facility during the first half of 2003. From 2004 to 2006, he served as chief of psychology at the Abu Ghraib prison facility in Iraq, and in 2007 he returned to Guantanamo. He retired in 2008.

James is currently dean of the School of Professional Psychology at Wright State University in Dayton, Ohio. He was licensed to practice psychology in Ohio in 2008.

According to the complaint, during James’ tenure at Guantanamo, “boys and men were systematically abused” and were subjected to “rape and death threats” and torture techniques such as “forced nudity; sleep deprivation; extreme isolation; short-shackling into stress positions; and physical assault.”

Moreover, the complaint states that James supervised the forceful and arbitrary detention of three Afghan boys, “transported thousands of miles away from their families and denied them access to counsel.”

James did not return an email request for comment.

In their verified complaint filed with the Franklin County Court of Common Pleas, seeking a writ to compel the Ohio Board of Psychology “to proceed to ‘formal action’ against Dr. Larry C. James,” the complainants quote an affidavit by former American Psychological Association (APA) Practice Directorate Chief, Dr. Bryant Welch, that the allegations in the complaint, “if true, represent the most serious ethical breaches I have seen in my thirty-five years as a psychologist. They also have the most far reaching implications for the profession of psychology of any ethical or licensing issue I have yet encountered.”

IHRC’s earlier complaint (PDF link) was damning.

He was accused of numerous instances of professional misconduct and violations of the law, including failure to protect his clients from harm, exploitation of those with whom he worked, failure to protect detainees’ confidentiality and failure “to represent honestly his own conduct, experience and the results of his services.”

Indeed, in “Fixing Hell,” a book James published in 2008 about his experiences at Guantanamo and at the Abu Ghraib prison facility in Iraq, he claimed that he was “righting the wrongs” at both prisons and that there “have been no incidents of abuse at Guantanamo Bay by either an interrogator or psychologist reported since my arrival in Cuba in January 2003.”

Ironically, in his book, James wrote of at least two incidents of such abuse during his 2003 tenure, which as the IHRC complaint explains, he failed to report to proper authorities.

A fair amount of James’ narrative about his time at Guantanamo concerns his actions after his commander, Gen. Geoffrey Miller, put him in charge of three young teenage prisoners, all younger than age 16 and one perhaps as young as 12 years old, in February 2003. James was in charge of rendering the boys from Bagram, Afghanistan, where they were then held, arranging their Guantanamo housing and attending and supervising their interrogations. James wrote that the boys were “very traumatized” upon arrival at Guantanamo. While he presents his treatment of these children as a “case study” for his “softer” style of interrogation – “exactly the kind of prisoners I needed to test my philosophy on interrogation” – a closer, more nuanced look presents a very different picture.

“Teenage Terrorists”

The story of these young detainees had previously been documented in news reports and is also retold in the IHRC complaint, which redacts the boys’ personal information, something James failed to do in his book.

While James doesn’t mention the fact in his book, there were at least a dozen underage, minor children or teenagers held at Guantanamo. US authorities in Iraq and Afghanistan have allegedly held thousands of other juveniles. The IHRC complaint refers to torture and abuse suffered by two of the Guantanamo minors, Omar Khadr and Mohammed Jawad, during the period James was chief psychologist. These teens, as well as all the others but the three held at Camp Iguana, the special camp built to hold them at the Guantanamo base, were kept with the adult prisoners at Camp Delta and other sites at the prison.

According to James, when he arrived at Bagram to pick up his new prisoners, he found them looking “not only terrified but also disheveled and lost.” Nevertheless, he believed them to be “far from innocent,” “teenage terrorists.” “These juveniles were not sweet kids,” James wrote.

Yet, he also found that the trauma they endured was very real. James wrote that the boys were “victims of rape, illiterate, one certainly had PTSD [post-traumatic stress disorder]“; they were, according to James, “the most fragile – psychologically, medically and academically – children I had ever met.”

James glosses over in his book the circumstances of the 20-hour flight from Bagram that brought the children to Guantanamo. But news reports published after the children were released in January 2004 provides more detail about their time held by US forces in Afghanistan and their subsequent transport to Guantanamo.

In his book, James states that all three children “had been captured while fighting in a combatant role against US forces in Afghanistan.” But James failed to provide any evidence to support such an assertion, which is contrary to reports the boys made themselves. According to a report published a Guardian UK article, two of the boys were caught while US forces were “looking for a local commander, Mansoor Rahman Saiful, who had fought against the Taliban for years, but joined the radical Islamists when America attacked Afghanistan.”

Naqibullah, age 13, “a local imam’s son, said he stumbled into the raid while cycling from a friend’s house,” and was interrogated daily about his knowledge of the Taliban and al-Qaeda.

“I told them, ‘I don’t know these people and I am too young to give anything to anyone without my father’s authority.’” After two weeks, Naqibullah said, he was asked whether he had any objection to being taken to “another place.”

“I said, ‘What can I do? You will take me wherever you want to.’ That night, bound, blindfolded and fitted into orange overalls, he was loaded on to a cargo plane and flown non-stop to Cuba. Naqibullah’s first 10 days in Guantanamo were the worst of his life, he said.”

According to a March 2004 story by The New York Times, another child prisoner, Asadullah, age 12 or 13, believed to be the youngest of the prisoners, said he was interrogated daily for several months while held in Afghanistan. The beatings he endured in the first five days of his captivity still bothered him when he arrived in Guantanamo.

As with Naqibullah, the third child prisoner, Mohammed Ismail Agha, age 13, told a foreign journalist, as reported in The Washington Post in February 2004, that he had been arrested because a friend with whom he was looking for work was supposedly identified as a Taliban. He spent a month and a half at Bagram before being “warned that if he did not confess he would be sent to a terrible and distant place called Guantanamo.”

Agha was subjected to sleep deprivation and stress positions during his time at Bagram in an effort to get him to make a confession.

“It was a very bad place. Whenever I started to fall asleep, they would kick on my door and yell at me to wake up,” he said. “When they were trying to get me to confess, they made me stand partway, with my knees bent, for one or two hours. Sometimes I couldn’t bear it any more and I fell down, but they made me stand that way some more.”

Agha’s story of his rendition is similar to that of Naqibullah. He was “put on a plane with other prisoners, chained by the wrists and ankles, with a hood placed over his head.”

“It was hard to breathe,” he said.

Supervising the transport back to Guantanamo on the large C-17 transport plane, complete with medical team, military police and Air Force Special Forces shooters, was Col. Larry James. The former chief psychologist never states whether he reported the treatment received by these child prisoners at Bagram to any authority.

“I Prayed to God, I Asked, ‘Where Is My Son?’”

While James and the Guantanamo authorities apparently did try to make the boys’ treatment much improved over that of prisoners in the rest of the camp, including at least eight or nine other teens held at roughly the same time, the young prisoners were not entirely grateful.

According to the Guardian report, “The boys played football every day and sometimes basketball and volleyball with their guards.” But Asadullah told his interviewer, “I was very sad because I missed my family so much…. I was always asking, ‘When can I go home? What day? What month?’ They said, ‘You’ll go home soon,’ but they never said when.”

According to a February 2004 story in the UK Telegraph, Ismail Agha (who is reported as 15 in this article) said, “At first I was unhappy … For two or three days [after I arrived in Cuba] I was confused but later the Americans were so nice to me. They gave me good food with fruit and water for ablutions and prayer.”

The boys lived in shared bedrooms and appear to have been treated humanely by their guards. According to James’ account, they were assigned a Navy child psychologist, Dr. Tim Dugan. They attended school classes. A pediatrician provided “thorough medical care.”

James states that he attended the interrogations of the boys every day from 9:00 AM to 11:00 AM, which he said provided “useful intelligence.”

Meanwhile, the children had not seen or heard from their families for many months. They complained of homesickness. Though one paper quoted Agha as praising the soldiers who watched over him, he was critical of US authorities for not notifying his parents for ten months of his incarceration, even though he says he gave the Red Cross letters from the first months of his incarceration. “They stole 14 months of my life and my family’s life. I was entirely innocent: just a poor boy looking for work,” Agha said.

The families by most accounts were desperate to find out what happened to their children. No US authority or the Red Cross informed them about the fate of their sons for many months. James never raises the issue of the boys’ parents in his book.

According to the Post article, Nayatullah, “an illiterate farmer of about 60,” traveled to work sites throughout his area, asking if anyone had seen his son. No one had. “Finally I thought he must be dead,” Agha’s father said.

Asadullah’s mother spoke through a translator to a Guardian UK correspondent about how she suffered not knowing her son’s fate. She cried “every night thinking about my son.”

“I prayed to God, I asked, ‘Where is my son?’” she continued. “He was just a boy, much too young to disappear on his own.”

The family and other villagers looked high and low for the boy. Family members and friends went to Bagram, Logar and Gardez to inquire from the Americans regarding their son’s whereabouts, but “no one knew about him.” Asadullah’s father sold his land to fund the several thousands dollars it took to fund the search for his son. It took the family seven months before they found out where their son was held.

At last, with no explanation or apology, the boys were released in January 2004. James had left Guantanamo after May 2003, but in his book, he wrote proudly of his work with the inmates of Camp Iguana. “This is how my country handles prisoners,” he said. “It’s not all about abuse. We can take juveniles like that and send them home better than we found them.”

An Exploitation Program

News of the incarceration of minors at Guantanamo, including the capture of the three boys held at Camp Iguana, leaked out in early 2003, the same time James was supposedly “fixing” the prison facility. An April 2003 Guardian UK report quoted Angela Wright, an Amnesty International official, as saying that “holding the children was ‘wholly repugnant and contrary to basic principles of human rights’ … and contravened UN rules with ‘near-universal acceptance’ regarding the treatment of juveniles.” Moreover, Wright said, the incarceration of the children at Guantanamo, with no access to counsel and under conditions of indefinite detention, was contrary to the UN Convention on the Rights of the Child and “is clearly totally at odds with the purpose of the treaty.”

The Center for Human Rights in the Americas at UC Davis has noted that the youngest children held at Guantanamo were Naqibullah, Assadullah and Abdul Qudus, all of whom were born in 1988. Naquibullah and Assadullah were sent to Camp Iguana, but Qudus, who was imprisoned at Guantanamo as early as February 7, 2002, was held along with the adult population and presumably treated the same as other adult prisoners. He is reported to have been released in 2005 or 2006.

Other Guantanamo teens under age 16 included Omar Khadr and Mohammed Jawad, both of whom made claims of extensive torture and use of solitary confinement.

When the Camp Iguana children were released in January 2004, the Anglo-American press made a great deal about their supposed humane treatment.

Carlotta Gall at The New York Times stated, “Aside from homesickness, the boys did not suffer at Guantanamo.” James Astill at The Guardian UK noted the “gentle treatment” of the boys, while the headline to the article stated, “Cuba? It was great, say boys freed from US prison camp.”

Such was the general propaganda theme surrounding the release of the boys. “I had a good time at Guantanamo, says inmate,” was the headline in the February 7, 2004 UK Telegraph.

A February 11, 2004, Washington Post story by Pamela Constable concludes with Agha’s father smiling and saying, “My son got an education in America.” Agha is said to be proud of his education, too. This mirrors James’ own assertion that he took boys who “were flat-out dumber than a bag of rocks” and returned them home “all functioning at the sixth to eighth grade academic level.” How James took illiterate children and lifted them to this grade level in approximately a year isn’t explained.

Despite claims of humane treatment of the Camp Iguana minors, given the fragile psychological condition of these youth, as reported by James himself, their incarceration was certainly at odds with standards of mental health even within the military itself. In the 2006 book “The Military Family,” part three of the “Military Life” series, published by Praeger Security International, an entire chapter is devoted to the “pain and loss” of family separation. The stress of unexpected combat deployment on military families, that is, sudden separation with unknown outcome for one family member, is compared with “catastrophic stress” and “immobilizing crisis” (p. 19).

Whatever the nature of the treatment of the boys at Camp Iguana, other children or teens held at Guantanamo during James’ tenure (and afterward) was significantly abusive, amounting in many cases to torture. Omar Khadr’s affadavit regarding his torture has been posted as a PDF online. He alleges beatings, isolation, exposure to cold, short-shackling, threats, and other abuse.

In August 2008, another Guantanamo BSCT psychologist, US Army Lt. Col. Diane M. Zierhoffer, refused to testify in Mohammed Jawad’s military tribunal hearing, pleading the Fifth Amendment against self-incrimination. According to a Newsweek article, Zierhoffer (who was identified separately in an article at Daily Kos), working with interrogators, “encouraged them to continue to dial up the emotional pressure on Jawad: ‘He appears to be rather frightened and it looks as if he could break easily if he were isolated from his support network and made to rely solely on the interrogator,’ according to an excerpt of the report read to Newsweek. The psychologist recommended that Jawad be moved to a section of the prison where he would be the only Pashto speaker and be moved again if he somehow began to socialize in his new block. The psychologist also suggested that interrogators emphasize to Jawad that his family appeared to have forgotten him: ‘Make him as uncomfortable as possible. Work him as hard as possible.’”

Other reports of abuse or torture by underage children held at Guantanamo also exist. Most recently, the youngest prisoner at Guantanamo Bay at the time of his release in June 2009, Chadian citizen Mohammed el Gharani, who was 14 years old when grabbed by the Americans, told a Miami Herald reporter that beatings and tear gassing occurred as late as 2009. Prior to that time, according to the British charity organization Reprieve, he had been subjected to sleep deprivation, freezing cold, strobe lights, blasting music, being burned by a cigarette and more beatings. As a result, the boy who entered Guantanamo at age 14 or 15 attempted suicide more than once, “including slashing his wrists, trying to hang himself and running head-first into the wall as hard as he could.”

When putting the treatment of the Camp Iguana boys next to that of other children and teens held at Guantanamo and other US sites, it can only be inferred that the Camp Iguana children were primarily a demonstration project for public propaganda purposes. While little or no attention was spent on the impact of separation from family on these three children, or on the effect upon other family members, and while the abuse and difficulties of their initial stay at Camp Iguana, as reported by the children themselves, was never pursued by those who interviewed them, the emphasis on the supposed good treatment of these children appears to be aimed at promoting a picture of basic treatment of the children that is at odds with the treatment that most minors incarcerated by the United States received.

The construction of a “model” camp for children at Camp Iguana, never used again for other minors after the three Afghan boys left in January 2004, is consistent with a program of exploitation of prisoners for propaganda purposes that was revealed in a recent set of notes by former CIA psychologist contractor, Bruce Jessen, in an article at Truthout last month.

Recently, James emailed members of the Wright State University School of Professional Psychology community to announce that he was “appointed” by First Lady Michelle Obama to a White House Task Force entitled “Enhancing the Psychological Well-Being of The Military Family.”

According to a story at Truthout, the White House subsequently denied any such appointment, or even the existence of such a task force. The APA would not directly deny a report that they or another group may have “indirectly” invited James to a White House meeting on military families, but a spokesperson said the APA is “happy to work with the White House to recommend psychologists who have experience in helping military families.”

James has served on other matters for APA in the past. In 2005, James served on the APA’s president’s task force on Psychological Ethics and National Security. The task force controversially recommended in a report, “Psychologists may serve in various national security-related roles, such as a consultant to an interrogation, in a manner that is consistent with the Ethics Code and when doing so psychologists are mindful of factors unique to these roles and contexts that require special ethical consideration.”

In the press release by IHRC, Dr. Trudy Bond, a Toledo-based psychologist and one of the four complainants against James, commented on the dismissal of the complaint against the former Guantanamo psychologist. “The Board disregarded ample and credible evidence that an Ohio psychology dean had overseen torture,” Bond said. “When the ethics watchdog apparently finds it appropriate to dismiss a complaint like this without conducting a proper investigation, or even justifying the decision, it shows that our system is broken.”

**************

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.

Jeffrey Kaye, a psychologist living in Northern California, writes regularly on torture and other subjects for  TruthoutThe Public Record and Firedoglake. He also maintains a personal blog, Invictus. His email address is sfpsych at gmail dot com.

 

 

 

 

April 21st, 2011

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