The UN Special Rapporteur on Extra-Judicial, Summary and Arbitrary Executions has denounced many aspects of US justice, both at home, at Guantanamo, and in occupied Iraq Afghanistan:
UN envoy rips US violations in Iraq, Guantanamo, Afghanistan
Rapporteur condemns rights abuses at home, too
By Thalif Deen
Inter Press Service
UNITED NATIONS: After a two-week fact-finding tour of US prison and detention facilities, a UN human rights investigator has blasted the administration of President George W. Bush for a rash of shortcomings in the country’s flawed justice system and continued violations of the rule of law.
Unleashing a stinging barrage of attacks, Professor Philip Alston, the UN special rapporteur on extra-judicial, summary and arbitrary executions, singles out the existence of racism in the application of the death penalty in the United States, and the lack of transparency in the deaths of prisoners in the Guantanamo Bay detention facility housing suspected terrorists.
Alston, a professor at the New York University School of Law and an outspoken critic of human rights abuses worldwide, also complains about the non-availability of information on civilian casualties in Iraq and Afghanistan, and the refusal of the US Justice Department to prosecute private security contractors who commit unlawful killings.
During his 14-day tour of the United States at the invitation of the administration, he met with federal and state officials, judges and civil society groups in New York, Washington DC, Alabama and Texas.
Alston was particularly critical of the state of Texas which has refused to review the cases of foreign nationals on death row, most of whom had been deprived of the right to consular assistance from their home countries.
He specifically chose to visit Alabama “because it has the highest per capita rate of executions in the United States, and Texas because it has the largest number of executions and prisoners on death row.” Still, 129 individuals waiting on death row have been exonerated across the United States, since 1973, and the number continues to grow.
“Indeed, while I was in Texas, the conviction of yet another person on death row was overturned by the Court of Criminal Appeals,” Alston said.
While in this case DNA testing ultimately prevented the execution of an innocent man, Alston said, others may have been less fortunate.
“In Texas, I met a range of officials and others who acknowledged that innocent people might have been executed,” he said, adding the problem is that a criminal justice system with recognized flaws that the government refuses to address will always be capable of mistakes.
In his report, Alston points out that studies across the United States also suggest racial disparities in the application of the death penalty. In particular, many studies suggest that a defendant is more likely to receive the death penalty when the victim is white, and some studies also suggest that a defendant is more likely to receive the death penalty if he is African American.
“When I raised this issue with federal and state government officials, I was met with indifference or flat denial,” said Alston, who noted that many officials wrote off the results of studies showing racial disparity as being biased because they were written by researchers with anti-death penalty views. “Given what is at stake, there is a need for governments at both the state and federal levels to revisit systematically the concerns about continuing racial disparities,” he added.
Meanwhile, to date, just six of the “enemy combatants” detained at the US detention facility in Guantanamo Bay, Cuba have been charged with capital offenses under the Military Commissions Act (MCA). They are being tried before military commissions on war crimes charges, and if convicted, face the death penalty. According to Alston, the United States has an obligation to provide fair trials which afford all essential judicial guarantees.
“The fundamental principles of a fair trial may never be derogated from. But the text of the MCA, which provides the rules which govern the trials, and the experiences of those with whom I met during my mission involved in the trial process to date, indicate clearly that these trials utterly fail to meet the basic due process standards required for a fair trial under international humanitarian and human rights law,” he said.
There have been five reported deaths of detainees at Guantanamo Bay in 2006-07. Four were classified as suicides, and one was attributed to cancer. In the custodial environment, Alston said, a state has a heightened duty and capacity to ensure and respect the right to life. As a result, there is a rebuttable presumption of state responsibility whether through acts of commission or omission in cases of custodial death. The state has an obligation to investigate the deaths, and publicly report on the findings and the evidence upon which the findings are based.
“But the Department of Defense has provided little public information about the causes or circumstance of any of these deaths,” he said.
While it has been reported that autopsies were conducted in each case, the results have not been made public or even provided to the families of the deceased men, he added. It was also reported that the Naval Criminal Investigative Services is conducting investigations into each of the deaths. But over two years since the first deaths, no results of investigations have been released.
In Iraq and Afghanistan, where the US military is considered an occupying power, Alston points to a string of human rights abuses and violations of the rule of law.
The “troublingly opaque character of the US military justice system is well illustrated by a case described to me by witnesses and investigators when I visited Afghanistan,” he said. On March 4, 2007, he recalled, US Marines responded to a suicide attack on their convoy, in which one soldier was wounded, by killing 19 people and wounding many others in the space of a 10-mile retreat.
“I asked the regional commander in Afghanistan what follow-up had occurred. He could not tell me and explained that his unit had just arrived in Afghanistan and that accountability for incidents involving the previous unit was its responsibility and that it had taken all the relevant files when it left the country,” Alston said.
In fact, a Court of Inquiry into the incident proceeded in North Carolina: “Shortly after I returned from Afghanistan, the US military released a short statement on this incident indicating that the commander of US Marine Corps Forces Central Command had conducted a thorough review of the report of a Court of Inquiry and had determined that the soldiers had acted appropriately and in accordance with the rules of engagement and tactics, techniques and procedures in place at the time in response to a complex attack.” Unsurprisingly, he added, this conclusive and unsubstantiated response to such a serious incident was met with dismay in Afghanistan.
“Afghans and Americans have a right to ask on what basis this conclusion was reached,” Alston said. “But all of the documents produced by the Court of Inquiry have remained classified. The record of proceedings has not been released. The 12,000 page report of the Court of Inquiry including recommendations and factual findings has not been released.”
The US government has even disregarded the existing regulation stating that the convening authority should ensure that an executive summary of the report be made public in order to inform government officials, the legislative branch, the media, and the next of kin of the victims of the investigations findings and recommendations.
“Whether or not the decision not to initiate courts-martial was justified, the manner in which the military justice system has operated in this case is entirely inconsistent with principles of public accountability and transparency,” Alston declared.
Regarding killings by private security contractors, he said: “It’s the [US] Department of Justice’s job to prosecute private security contractors who commit unlawful killings, but it has done next to nothing.”
July 3rd, 2008
Bob Herbert writes in the New York Times of the recently releases Physicians for Human Rights report, Broken Laws, Broken Lives: Medical Evidence of Torture by the US:
All Too Human
By Bob Herbert
Thursday was the 21st anniversary of the United Nations Convention Against Torture.
It was also the same day that two Bush administration lawyers appeared before a House subcommittee to answer questions about their roles in providing the legal framework for harsh interrogation techniques that inevitably rose to the level of torture and shamed the U.S. before the rest of the world.
The lawyers, both former Justice Department officials, were David Addington, who is now Dick Cheney’s chief of staff, and John Yoo, now a law professor at the University of California, Berkeley. There is no danger of either being enshrined as heroes in the history books of the future.
For most Americans, torture is something remote, abstract, reprehensible, but in the eyes of some, perhaps necessary - when the bomb is ticking, for example, or when interrogators are trying to get information from terrorists willing to kill Americans in huge numbers.
Reality offers something much different. We saw the hideous photos from Abu Ghraib. And now the Nobel Prize-winning organization Physicians for Human Rights has released a report, called “Broken Laws, Broken Lives,” that puts an appropriately horrifying face on a practice that is so fundamentally evil that it cannot co-exist with the idea of a just and humane society.
The report profiles 11 detainees who were tortured while in U.S. custody and then released - their lives ruined - without ever having been charged with a crime or told why they were detained. All of the prisoners were men, and all were badly beaten. One was sodomized with a broomstick, the report said, and forced by his interrogators to howl like a dog while a soldier urinated on him.
He fainted, the report said, “after a soldier stepped on his genitals.”
Officials at Physicians for Human Rights said extensive medical and psychological examinations were conducted - and in two cases prior medical records were consulted - to help corroborate the testimony of the detainees. The organization has a long and credible history of documenting such abuses.
Leonard Rubenstein, president of Physicians for Human Rights, said: “In doing the evaluations, we used international standards, medical assessments of torture and ill treatment, and meticulously assessed physical and psychological evidence of torture and ill treatment, and the long-term physical and mental health consequences.”
The most effective element of the report is the way in which it takes torture out of the realm of the abstract to show not just the horror and cruelty of the torture itself, but the way in which it absolutely devastates the body, soul and psyche of its victims.
The detainees profiled in the report were abused at facilities in Afghanistan, Iraq and Guantánamo Bay, Cuba. Three said they had been subjected to electric shocks. One said he was stabbed in the cheek with a screwdriver and hit in the head and in the jaw with a rifle.
In an example of how medical evidence was used to back up a detainee’s account, the report said scarring on one of the prisoner’s thumbs “was highly consistent with the scarring caused by electric shock.”
In addition to the physical mistreatment, the detainees reported that various gruesome forms of humiliation, including sexual humiliation, were pervasive. They said men were paraded nude in front of female soldiers, forced to watch pornography, and forced to disrobe before female interrogators.
The sheer number of different ways in which detainees were reported to have been abused was mind-boggling. They were deprived of sleep, forced to endure extremes of heat and cold, chained in crouching positions for 18 to 20 hours at a time, told that their female relatives would be raped, that they themselves would be killed, and on and on. All to no good end.
The ostensible purpose of mistreating prisoners is to inflict pain and induce disorientation and despair, creating so much agony that the prisoners give up valuable intelligence in order to end the suffering. But torture is not an interrogation technique; it’s a criminal attack on a human being.
What the report makes clear is that once the green light is given to torture, the guaranteed result is an ever-widening landscape of broken bodies, ruined lives and profound shame to all involved.
Nearly all of the detainees profiled in the report have experienced excruciating psychological difficulties since being released. Several said that they had contemplated suicide. As one put it: “No sorrow can be compared to my torture experience in jail. That is the reason for my sadness.”
Congress and the public do not know nearly enough about the nation’s post-Sept. 11 interrogation practices. When something as foul as torture is on the table, there is a tendency to avert one’s eyes from the most painful truths.
It’s a tendency we should resist.
July 1st, 2008
Physicians for Human Rights has just released an extremely important new report — Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact — involving extensive medical and psychological examinations of 11 detainees released from US detention facilities in Iraq and at Guantanamo. The report provides a detailed account of the brutality involved throughout the US detention system in Afghanistan, Iraq, and at Guantanamo.
These detainees were all brutally beaten and humiliated. All subjected to isolation. Several were sodomized while others were subjected to electric shocks. All the other “techniques” from the panoply of US torture techniques are represented here, including sleep deprivation; sensory deprivation; being subjected to loud noise; and “stress positions,” including being suspended from the ceiling.
The report provides both medical evidence supporting torture claims, and evidence of the severe long-term effects of the abuse. The medical and psychological examinations in most cases substantiated detainees’ claims of abuse. Where the medical evidence was equivocal, it was largely due to types of injuries, e.g., soft tissue injuries, that would have healed in the meantime.
The report also provides abundant documentation of the extent of medical and psychological complicity with the torture. In no case did medical personnel report abuse. In many cases they patched up detainees to facilitate additional torture:
“[W]hen the doctor had finished treating him, “I heard the doctor say ‘continue’ (to the interrogators)”, p. 21.
The cases where medical personnel were “helpful” are just as disturbing:
““[The doctor] helped me … he told the soldiers, ‘If you go on torturing him in this way, he will die’,” p. 85.
Not surprisingly, detainees did not report psychologists consulting in interrogations (SOP called for these psychologists to not identify themselves, an interesting ethical issue in itself). But treatment psychologists were perceived to be collaborating with interrogators:
“Haydar indicated, however, that he suspected the psychologists shared information with the soldiers,” p. 48.
And:
“While in Camp Delta, Youssef asked to speak with a psychologist because he was distressed, and the two spoke about him missing his family and his feelings of sadness. Although Youssef believed the meeting was confidential, he stated that shortly after the psychologist left, he was brought to an interrogator who immediately brought up information connected to his disclosures, such as telling him that he was going to stay at Guantánamo for the rest of his life and discussing his family (“Don’t you want to leave this place and get back together with your family?”…If you do as we tell you, you can get back to your family.”). He stated, “I figured out the reason they had called me for the interrogation was because the psychologist had told them about the meeting.” He stated, “They were stressing these fears very much.” Following this interrogation, Youssef reported that he was moved to the “worst” section in Camp Delta, where he was not allowed to have a blanket or a mattress,” p. 58
After the publication of this report, any claim that psychologists helped keep detentions or interrogations “safe or ethical” are completely unsupportable. Psychologists, and indeed, all medical personnel, regardless of their personal characteristics, were simply part of the apparatus of abuse. As Maj. Gen. Taguba — who was driven out of the military because of his Abu Ghraib investigation– states in his preface:
“And the healing professions, including physicians and psychologists, became complicit in the willful infliction of harm against those the Hippocratic Oath demands they protect.”
If we do not stop this complicity, we thereby ourselves become complicit. After this report, we can no longer say “We didn’t know. We thought they were helping.”
Below are two PHR Press Releases and the Preface by Gen. Taguba.
Medical Evidence Supports Detainees’ Accounts of Torture in US Custody
Cambridge, Mass. (PRWEB) June 18, 2008 — Physicians for Human Rights (PHR) has published a landmark report documenting medical evidence of torture and ill-treatment inflicted on 11 men detained at US facilities in Iraq, Afghanistan, and Guantánamo Bay, who were never charged with any crime. The physical and psychological evaluation of the detainees and documentation of the crimes are based on internationally accepted standards for clinical assessment of torture claims. The report also details the severe physical and psychological pain and long-term disability that has resulted from abusive and unlawful US interrogation practices.
“Rigorous clinical evaluations confirm the enormous and enduring toll of agony and anguish inflicted for months by US personnel on eleven men who were detained without any charge or explanation,” stated PHR President Leonard Rubenstein. “Their first-hand accounts, now confirmed by medical and psychological examinations, take us behind the photographs to write a missing chapter of America’s descent into the shameful practice and official policy of systematic torture.”
Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact documents practices used to bring about excruciating pain, terror, humiliation, and shame for months on end. These practices included, but were not limited to:
- Suspensions and other stress positions;
- Routine isolation;
- Sleep deprivation combined with sensory bombardment and temperature extremes;
- Sexual humiliation and forced nakedness;
- Sodomy;
- Beatings;
- Denial of medical care;
- Electric shock;
- Involuntary medication; and
- Threats to their lives and families.
In the foreword to the report, Maj. General Antonio Taguba (USA-Ret.), who led the U.S. Army’s investigation into the Abu Ghraib detainee abuse scandal, wrote: “After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes. The only question is whether those who ordered the use of torture will be held to account.”
“Ending the use of torture, while essential, is not enough. The United States government must make this right. Those responsible for these abuses must help heal the grievous harm inflicted in our name,” said PHR CEO Frank Donaghue. “PHR is calling for full investigation, accountability, an official apology, and reparations, including medical and psychological treatment for the survivors.”
And:
US Torture of Detainees Caused Severe Pain, Long-Term Suffering
Cambridge, Mass. (PRWEB) June 18, 2008 - A team of doctors and psychologists convened by Physicians for Human Rights (PHR) to conduct intensive clinical evaluations of 11 former detainees held in Iraq, Afghanistan, and Guantánamo Bay has found that these men suffered torture and ill-treatment by US personnel, which resulted in severe pain and long-term disability. The men were ultimately released from US custody without charge or explanation.
“The horrific consequences of US detention and interrogation policy are indelibly written on the bodies and minds of the former detainees in scars, debilitating injuries, humiliating memories and haunting nightmares,” states Dr. Allen Keller, Director of the Bellevue/NYU Program for Survivors of Torture and a contributor to PHR’s report Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact. “Physical and psychological evidence clearly supports the detainees’ first-hand accounts of cruelty, inhuman treatment, degradation, and torture.”
“The poignant case studies focus on the profound and lasting consequences of cruelty at the hands of US personnel,” said Farnoosh Hashemian, MPH, PHR Research Associate and lead author of the report. “The detainees suffer permanent hearing loss, persistent and debilitating pain in limbs and joints, major depressive disorder, severe post-traumatic stress disorder, and anxiety disorders, such as panic attacks.”
One Iraqi detainee, Laith, recounted that during his initial detention in an unknown prison, he was brutally beaten and kicked until he lost consciousness. In Abu Ghraib, he was kept naked for almost a month in a variety of stress positions in isolation in a small, dark cell wearing soiled underwear and was subjected to lengthy interrogations.
On one occasion he was brought to see his brother who was bleeding, naked, and humiliated. The most painful experience for Laith was the threat of rape of his mother and sisters: “They were saying, ‘you will hear your mothers and sisters when we are raping them [here].’”
These men also continue to endure profound disruptions in their social and family lives. Many live with an abiding sense of shame caused by the loss of their ability to protect and provide for their families. And several men told medical evaluators of their desire to relocate, stemming from their loss of a sense of safety, since they had been arrested without charge or to avoid the frequent reminders of their harrowing detention experiences.
The report calls for full investigation and remedies, including accountability for war crimes, and reparation, such as compensation, medical care and psycho-social services.
Here is the preface :
Preface
by General AntonioTaguba [Ret]
This report tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individual’s lives on their bodies and minds. Our national honor is stained by the indignity and inhumane treatment these men received from their captors.
The profiles of these eleven former detainees, none of whom were ever charged with a crime or told why they were detained, are tragic and brutal rebuttals to those who claim that torture is ever justified. Through the experiences of these men in Iraq, Afghanistan, and Guantanamo Bay, we can see the full-scope of the damage this illegal and unsound policy has inflicted —both on America’s institutions and our nation’s founding values, which the military, intelligence services, and our justice system are duty-bound to defend.
In order for these individuals to suffer the wanton cruelty to which they were subjected, a government policy was promulgated to the field whereby the Geneva Conventions and the Uniform Code of Military Justice were disregarded. The UN Convention Against Torture was indiscriminately ignored. And the healing professions, including physicians and psychologists, became complicit in the willful infliction of harm against those the Hippocratic Oath demands they protect.
After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account.
The former detainees in this report, each of whom is fighting a lonely and difficult battle to rebuild his life, require reparations for what they endured, comprehensive psycho-social and medical assistance, and even an official apology from our government.
But most of all, these men deserve justice as required under the tenets of international law and the United States Constitution.
And so do the American people.
Major General Antonio Taguba, USA (Ret.)
Maj. General Taguba led the US Army’s official investigation into the Abu Ghraib prisoner abuse scandal and testified before Congress on his findings in May, 2004.
Go download and read the report here.
June 18th, 2008
In an article from TPM Cafe, Ruth Rosen describes her experiences as an editorial nd Op-Ed writer for the liberal San Francisco Chronicle during the run-up to the Iraq war. Despite knowing that the administration was lying, Rosen and her fellow editorialists felt constrained as to what they could say. This is one of the best descriptions of the process of self-censorship in the liberal media. The take-home point:
The truth is, even a liberal newspaper, blessed with a liberal editorial board, did not engage in truth telling. We raised some good questions, wrote about supporting the troops, but failed to describe the deception that led to the catastrophe that was unfolding right before our eyes.
Here’s the article:
Tales From Inside the Editorial Board Room
By Ruth Rosen
When I first heard about Scott McClellan’s charges that the Bush administration had lied and deceived Americans during the months and years leading up to the war, I burst into tears of happiness. No, nothing he wrote was new. And even if he still seems like a sleazy public relations expert in obfuscation, an insider was finally telling the truth, in one book.
My story is different from those who felt seriously constrained about raising questions about the administration’s obvious lies. I worked as an editorial writer at The San Francisco Chronicle, where a liberal editorial board raised serious objections to the war. And yet, in the years following 9/11, I felt editorial restraints that never allowed us to tell the whole truth about the lies and deception that led to America’s most catastrophic foreign policy disaster.
Others in the mainstream media felt far greater restraints. Jessica Yellin, a CNN journalist, for example, says she felt pressured by corporate executives at her previous network to support the Iraq War. To Anderson Cooper, she described how she and others were “under enormous pressure from corporate executives, frankly, to make sure that this was a war presented in a way that was consistent with the patriotic fever in the nation and the president’s high approval ratings.” On the Today Show, Katie Couric, Brian Williams, and Charles Gibson also admitted feeling pressure from the Bush administration to support the war, MSNBC reported. Couric even recounted a threat from the White House Press Secretary to “block access to [the network] during the war” if she did not change the tone of her interviewing style.”
So what did I experience? An editor and an editorial board who felt that, in the absence of inside sources, we could not counter the administration’s lies.
Let me give you some examples. I was raised in a Republican family, but schooled by the great iconoclastic journalist I.F. Stone, who taught me that you can find the truth without inside sources, if only you’re willing to see beyond patriotic fervor and examine voices in the public domain that are marginalized, So, I would read national security experts who countered Donald Rumfeld’s ridiculous predictions; I would read the British, Canadian, Italian and French press; I would read the writings of experts in resource wars and weapons of mass destruction.
No, I didn’t know I was right. But I was sure that the administration was lying. And, I knew that at the very least that our editorials should be asking why Bush, Cheney, Rumsfeld et al should be believed when I had found strong evidence that they were cherry picking intelligence, and setting up their own office in the Pentagon, and acting in complete secrecy.
The rush to war drove me crazy. In the days that led up to the war, I went to my editor and told him I needed a few days unpaid leave to accept the fact that we were, in fact, going to war. In my mind’s eye, I saw a baby tied to the railroad tracks and saw the train rapidly moving toward the helpless child. I saw years of quagmire, bloodshed, and tens of thousands of deaths. I needed a few days to accept that reality before I could return to writing. He understood and allowed me to regain my professional composure.
To its credit, the editorial board raised some of the toughest questions in the mainstream media. And yet….I was the only one who didn’t believe Colin Powell’s shameful presentation at the United Nations. Why? Not because I had special insider knowledge, but like I.F. Stone, I had found credible people who could dissect his speech and found it unconvincing and unpersuasive.
When I heard Bush’s inaugural address, I heard two major lies embedded within his speech. But somehow that still wasn’t enough to accuse him of plagiarism and deception.
The truth is, even a liberal newspaper, blessed with a liberal editorial board, did not engage in truth telling. We raised some good questions, wrote about supporting the troops, but failed to describe the deception that led to the catastrophe that was unfolding right before our eyes.
While I was writing editorials, I was also publishing two weekly political columns on the op-ed page. I also felt constrained as a columnist. If I wanted to discuss this country’s desire to gain control and access over oil, I had to bump up against the accusation that I was a vulgar Marxist, rather than conversant with the reality of resource wars.
Finally, I am an historian, and I knew Iraq’s history. I also knew that the war would end in a disastrous occupation, not a liberation, and that no country, including our own, will ever tolerate occupation by a foreign nation.
This week, I sat with a former colleague from the editorial board in a café, rather than in the room where we used to make our editorial decisions. He admitted that I had been right, but even more, that even in a liberal paper, the editor and most of the board, had felt restrained, afraid of seeming unpatriotic, afraid of saying the emperor wore no clothes, afraid of not giving the President the benefit of the doubt, afraid of truth telling without access to inside sources.
You may say, “Ho Hum, even the Senate has now, after five years, come out with a report that describes (oh, so tepidly) the years of deception.
But for me, the tears flowed because I remembered all those years when I felt passionate about telling the public the truth, but was unable to do so in a mainstream, liberal, newspaper.
June 8th, 2008
Thanks to Dori Smith of Talk Nation Radio, our May 3 forum — Torture and the American Psyche: Blurring the Boundaries Between Healers and Interrogators — was audio-recorded. Dori has edited the material for two hald hour shows on Talk Nation Radio. That material is now available. [NOTE: The forum was also video recorded. These videos should be available soon, on YouTube or a similar site. Stay tuned.]
For those who don’t read this blof regularly, here’s the description of the speakers:
SPEAKERS:
Eric Fair currently a divinity student at Princeton will speak from his experience as a civilian contract interrogator in Baghdad, Fallujah, and Abu Ghraib in early 2004. He will lend his first person account to our conversation.
Leonard Rubenstein, J.D. President of Physicians for Human Rights, a Nobel Prize winning organization, is an attorney and veteran of many human rights struggles. He will speak of the role of torture in our contemporary political culture.
David Sloan-Rossiter, Ph.D. will bring his long standing interest in using a psych oana¬lytic perspective to aid communities to the role of moderator of the program. He is co-chair of the Curriculum Committee at Boston Institute for Psychotherapy and Massachusetts Institute for Psychoanalysis.
Stephen Soldz, Ph.D. a local psychoanalyst, social activist and Professor at the Boston Graduate School of Psychoanalysis, is one of the nation’s leaders in opposing psycholo¬gist participation in torture and abuse. He will speak to the history of that struggle in the context of the broader struggle for human rights.
Talk Nation Radio
TNR Show I contains material from the Introduction by David Sloan-Rossiter and an interspersing of material from the talks by Leonard Rubenstein (President of Physicians for Human Rights) and myself. [See Dori's description here and download mp3 here.]
TNR Show II contains the conclusion from my talk, the talk by former Iraq interrogator Eric Fair, and some discussion, including comments by Stephen Behnke, the Ethics Director of the American Psychological Association. [See Dori's description here and download mp3 here.]
Complete Talks, unedited
The Talk Nation Radio versions are selected and cleaned up. For those who would like to listen to the complete talks, Dori has kindly made available the raw recordings.
David Sloan-Rossiter Introduction and Stephen Soldz talk here.
Leonard Rubenstein talk here.
Eric Fair talk here.
The Question & Answer session is available here.
June 2nd, 2008
Since 2005, the American Psychological Association (APA) has steadfastly asserted that psychologists participating in detainee interrogations protects detainees by helping to keep these interrogations “safe, legal, ethical, and effective.” Last week, the APA’s Ethics Director Stephen Behnke seized upon newly released portions of an official investigation of US detainee abuse, called the Church Report, as an opportunity to reinvigorate support for the APA policy of psychologist participation in interrogations.
In a letter to the American Civil Liberties Union (ACLU), the APA’s Dr. Behnke stated:
“In carefully reviewing the documents, we note that according to the information obtained by the ACLU, psychologists supporting interrogations ‘emphasized their separation from detainee medical care’, and that a psychologist who suspected abuse ‘recommended the interrogation not proceed and brought in medical personnel to evaluate the detainee.’ According to these documents, APA’s policy of engagement served the intended purpose: to stop interrogations that cross the bounds of ethical propriety.”
To give Dr. Behnke credit, he did acknowledge the abuses described in the newly released material as “abhorrent.” However, any unbiased “careful review” of the documents falls far short of supporting Dr. Behnke’s conclusion. Quite the contrary, the report raises new concerns about the roles of psychologists in US interrogations.
Dr. Behnke’s letter to the ACLU was widely distributed within the APA as a defense of the association’s long-contested policy. It therefore is important to carefully examine his claims in the context of what is known about interrogation abuses in Iraq. In a separate article, Trudy Bond responded to Dr. Behnke’s claims in the same letter, questioning his assertions that the APA is willing to adjudicate reports of psychologists participating in detainee abuse. I will focus instead here on examining Dr. Behnke’s claim that the Church Report supports the APA’s policy of participation in detainee interrogations. In this process I briefly revisit previous justifications for APA policy.
Newly Released Church Report Materials
On April 30, 2008, the American Civil Liberties Union (ACLU) announced the release, under the Freedom of Information Act, of previously redacted portions of the Church Report on US military detainee abuses. This material contains numerous reports of physical and mental abuse, including several detainee deaths. The report makes clear that:
“[M]edical personnel often have exposure to the circumstances of detainee treatment.”
In discussing a number of these deaths the report states:
“We do not know if medical personnel reported suspicions of detainee abuse in this case, but the circumstances probably should have led them to consider detainee abuse.”
Although the language is sanitized, this statement nevertheless strongly points to the failure of medical personnel to take appropriate action in the face of likely interrogation abuse. Yet, in only one of eight deaths judged “suspicious for abuse” is there evidence that an Army physician reported the abuse. Thus, even in the face of potential homicide, medical personnel, for the most part, appear to have remained silent.
With regard to psychologists, the report stated:
“In Iraq, we interviewed two military personnel and one civilian serving in this capacity. All three emphasized their separation from detainee medical care. Only one believed he had observed or suspected detainee abuse. No details were offered, except that, when this occurred, he recommended the interrogation not proceed and brought in medical personnel to evaluate the detainee.”
The newly released material also reports that interrogation techniques [authorized by a September 2003 memorandum from commanding General Ricardo Sanchez] continued to be widely used until at least July 2004, well after some techniques were retracted in October 2003. Other techniques were banned in May 2004 [in the wake of the Abu Ghraib scandal]. These included:
” Isolation.”
” Environmental Manipulation: Altering the environment to create moderate discomfort (e.g. adjusting temperature or introducing an unpleasant smell)…. [Caution: Based on court cases in other countries, some nations may view application of this technique in certain circumstances to be inhumane. Consideration of these views should be given prior to use of this technique.]”
” Presence of Military Working Dog: Exploits Arab fear of dogs while maintaining security during interrogations.”
” Yelling, Loud Music, and Light Control: Used to create fear, disorient detainee and prolong capture shock.”
” Sleep Management: Detainee provided minimum 4 hours of sleep per 24 hour period, not to exceed 72 continuous hours.”
” Stress Positions: Use of physical postures (sitting, standing, kneeling, prone, ect.) for no more than 1 hour per use. Use of technique(s) will not exceed 4 hours and adequate rest between use of each position will be provided.”
As was confirmed by the just released Justice Department Inspector General report on FBI involvement in abusive interrogations, these techniques were derived from the military’s Survival, Evasion, Resistance, Escape (SERE) program to train US military personnel how to resist breaking under torture. As the Defense Department Inspector General reported, these techniques were “reverse engineered” by military and intelligence psychologists into US interrogation techniques. Authorization to use these techniques was hidden as, even after the Abu Ghraib scandal, the administration refused to release the Sanchez memo for nearly a year. These techniques, according to the Church Report, continued in widespread use long after their use had been retracted.
Special Forces
According to accounts by individuals like former Iraq Army interrogator Tony Lagouranis, these SERE techniques were regularly used by Special Forces in Iraq. Other interrogators learned of them, directly or indirectly, from Special Forces and attempted to imitate the techniques used by these revered units. Abuses by the Navy SEALS, a Special Forces unit, were reported by Lagouranis:
“They would actually have the detainee stripped nude, laying on the floor, pouring ice water over his body. They were taking his temperature with a rectal thermometer. We had one guy who had been burned by the navy SEALs. He looked like he had a lighter held up to his legs. One guy’s feet were like huge and black and blue, his toes were obviously all broken, he couldn’t walk.”
Further reports of abuse by Special Forces include the New York Times’s March 19, 2006 article chillingly entitled “In Secret Unit’s ‘Black Room,’ a Grim Portrait of U.S. Abuse“:
“American soldiers made one of the former Iraqi government’s torture chambers into their own interrogation cell. They named it the Black Room.
In the windowless, jet-black garage-size room, some soldiers beat prisoners with rifle butts, yelled and spit in their faces and, in a nearby area, used detainees for target practice in a game of jailer paintball….
Placards posted by soldiers at the detention area advised, “NO BLOOD, NO FOUL.” The slogan, as one Defense Department official explained, reflected an adage adopted by Task Force 6-26: ‘If you don’t make them bleed, they can’t prosecute for it.’ “
This unit combined elements from throughout the Special Forces:
“The task force was a melting pot of military and civilian units. It drew on elite troops from the Joint Special Operations Command, whose elements include the Army unit Delta Force, Navy’s Seal Team 6 and the 75th Ranger Regiment.”
There are numerous other reports of pervasive abuse by troops across Iraq. Thus Capt. Ian Fishback and two other members of the 82nd Airborne Division told Human Rights Watch in 2005 that the abuse in their unit was routine. As reported in the New York Times:
“In separate statements to the human rights organization, Captain Fishback and two sergeants described systematic abuses of Iraqi prisoners, including beatings, exposure to extremes of hot and cold, stacking in human pyramids and sleep deprivation at Camp Mercury, a forward operating base near Falluja.”
Capt. Fishback also quoted an Army Ranger, a Special Forces unit, as saying (after the Abu Ghraib scandal broke in April 2004):
“I talked to an officer in the Ranger regiment and his response was, he wouldn’t tell me exactly what he witnessed but he said “I witnessed things that were more intense than what you witnessed,” but it wasn’t anything that exceeded what I had heard about at SERE school”
Military Intelligence
Military Intelligence units in Iraq were also involved in much of the detainee abuse. Thus, the International Committee of the Red Cross [ICRC] inspected detention facilities across the country and, in a leaked February 2004 report, described systematic abuse by military intelligence throughout Iraq. It states:
“persons deprived of their liberty under supervision of the Military Intelligence were at high risk of being subjected to a variety of harsh treatments ranging from insults, threats and humiliations to both physical and psychological coercion, which in some cases was tantamount to torture, in order to force cooperation with their interrogators” (p. 3-4).
The ICRC further reported:
“In certain cases such as in Abu Ghraib military intelligence section, methods of physical and psychological coercion used by the interrogators appeared to be part of the standard operating procedures by military intelligence personnel to obtain confessions and extract information. Several military intelligence officers confirmed to the ICRC that it was part of the military intelligence process to hold a person deprived of his liberty naked in a completely dark and empty cell for a prolonged period to use inhumane and degrading treatment, including physical and psychological coercion” (p. 11).
It is important to note that no one was prosecuted or convicted at Abu Ghraib for isolating or humiliating prisoners, or for putting prisoners in ‘stress positions.’ These were considered standard operating procedures by the prosecution. The convictions were handed down for taking the infamous photographs or when there was evidence of physical abuse that went beyond these techniques.
The Church Report
It is relevant to understand that the Church Report is widely viewed as an attempt to whitewash detainee abuse through sidestepping the extent to which abuse was standard operating procedure and thus reducing command responsibility for that abuse. Thus Human Rights Watch characterizes the Church Report as a partial cover-up containing patent falsehoods:
“The Church report was supposed to be the definitive report on the development of interrogation techniques and detainee abuse in the “global war on terror” but the unclassified summary suggests a careful attempt - months after the Schlesinger and Fay/Jones report put the Pentagon on the defensive - to present a version of the facts that would not cause any trouble for the hierarchy. Time and again, the summary goes out of its way to rebut any inference that government policy was to blame, to the point of straining credibility and flatly contradicting the earlier reports. The report concluded that there was ‘no single, overarching explanation’ for the ‘few’ cases in which detainees had not been treated humanely.
Although Secretary Rumsfeld and General Sanchez both approved the use of guard dogs to strike fear in detainees, and although guard dogs were featured prominently in the Abu Ghraib photos, the Church executive summary states that ‘it is clear that none of the pictured abuses at Abu Ghraib bear any resemblance to approved policies at any level, in any theater.’ Indeed, the only mention of dogs in the entire summary is the patently false statement that in Afghanistan and Iraq ‘interrogators clearly understood that abusive practices and techniques - such as … terrorizing detainees with unmuzzled dogs … - were at all times prohibited.’ “
Given the nature of this report, it should be taken as a statement of what cannot be denied, and not as a definitive account of the nature or the extent of detainee abuse.
Previous APA Policy Justifications
The APA has utilized many questionable arguments and deceptive tactics to justify psychologists’ participation in interrogations. In 2005, the APA appointed a Presidential Task Force on Psychological Ethics and National Security (PENS). This Task Force was given the mandate to determine APA policy on psychologists’ participation in detainee interrogations. The majority of the Task Force membership, it turns out, consisted of military and intelligence psychologists who played roles in post 9/11 interrogations at Guantánamo, Afghanistan, Iraq, and the CIA’s “black site” torture centers. Not surprisingly, this task force emphasized psychologists important role is aiding national security by participating in these interrogations.
In support of its policy the APA has highlighted every available report of psychologists resisting interrogation abuses. While finding small pockets of resistance would hardly defend the policy, the APA has been able to offer only three incidents of psychologists ostensibly opposing the abusive interrogation policy. This despite the central role of psychologists in interrogations at Guantánamo and the CIA black sites and their participation in interrogations in both Iraq and Afghanistan.
The most noteworthy example offered thus far has been that of Michael Gelles, a Navy Criminal Investigative Service psychologist. Gelles forcefully opposed opposed some of the worst abuses committed at Guantánamo and reported them to his commander, leading to policy changes. While Dr. Gelles acted honorably and may have helped change policies, one should remember that, long after these interventions the ICRC found conditions at Guantánamo continued to be abusive. As the New York Times described the ICRC findings during their June 2004 visit:
“[I]nvestigators had found a system devised to break the will of the prisoners at Guantánamo, who now number about 550, and make them wholly dependent on their interrogators through ‘humiliating acts, solitary confinement, temperature extremes, use of forced positions.’ Investigators said that the methods used were increasingly ‘more refined and repressive’ than learned about on previous visits.
”The construction of such a system, whose stated purpose is the production of intelligence, cannot be considered other than an intentional system of cruel, unusual and degrading treatment and a form of torture,’ the report said. It said that in addition to the exposure to loud and persistent noise and music and to prolonged cold, detainees were subjected to ’some beatings.’ The report did not say how many of the detainees were subjected to such treatment.”
Thus, whatever successes Dr. Gelles’ achieved, they did little to dismantle the abusive system, described in the ICRC report as “tantamount to torture.” Even Dr. Gelles’ valiant attempt to oppose these interrogation techniques did little, in the end, to keep interrogations “safe, legal, ethical, and effective.”
The APA has also at times pointed to Col. Larry James as an example of a psychologist successfully opposing torture. But there is simply no evidence to support this claim. Col. James was the Chief Psychologist on the Joint Intelligence Task Force in charge of the Behavioral Science Consultation Team (BSCT) at Guantánamo in early 2003. As the Red Cross noted when they returned to Guantánamo a year after col. James’ departure, conditions had only become increasingly “more refined and repressive” since Col. James was stationed there. Additionally, during Col. James’ tour at Guantánamo, the Camp Delta Standard Operating Procedures were adopted mandating a minimum of four weeks isolation for all new detainees:
“to enhance and exploit the disorientation and disorganization felt by a newly arrived detainee in the interrogation process. It concentrates on isolating the detainee and fostering dependence of the detainee on his interrogator.”
The Joint Intelligence Task Force, of which Col. James was the Chief Psychologist, was in fact assigned the role of deciding when a detainee had been sufficiently disoriented, disorganized, and dependent on his interrogator enough to be released from this isolation. When this policy was described in Harpers online, Dr. Behnke, the APA’s Ethics wrote a letter agreeing that this use of isolation was unethical for psychologists:
“With the recent posting on the Internet of what has been identified as the U.S. military’s 2003 operating manual for the Guantánamo detention center, attention has been directed to the use of isolation and sensory deprivation as interrogation procedures. APA policy specifically prohibits using any such technique, alone or in combination with other techniques for the purpose of breaking down a detainee.”
Nonetheless, even after this information became public, APA officials have continued to cite Col. James to audiences as an anti-torture hero.
APA and the Newly-Released Materials
Contained in the newly released sections of the Church Report is an official acknowledgement that psychologists in so-called Behavioral Science Consultation Teams (BSCTs) functioned in both Iraq and Afghanistan. But what had not been clear before is that these BSCTs are “mostly within Special Operations, where they provide direct support to military operations.” That is, the BSCT psychologists were, as described above, within the units especially known for using brutal means for dealing with detainees (Arrigo & Bennett, 2007).
Given this context, it is especially misleading that the APA’s Ethics Director points to two vague sentences in the report to argue that this material supports the APA’s policy of “engagement” with the Bush administration’s interrogation regime. Here are the relevant sentences from the Church report:
“In Iraq, we interviewed two military personnel and one civilian serving in this capacity. All three emphasized their separation from detainee medical care. Only one believed he had observed or suspected detainee abuse. No details were offered, except that, when this occurred, he recommended the interrogation not proceed and brought in medical personnel to evaluate the detainee.”
Given that these BSCT psychologists are “mostly within Special Operations” and are assigned to military intelligence, a curious reader might wonder about the routine nature of interrogations witnessed or participated in by the BSCT psychologists. These routine interrogations likely included techniques approved by the September 2003 memorandum from Gen. Sanchez which the very same Church Report materials document were still in widespread use through at least July 2004. Given this background, there is a more plausible reading of these sentences. It is most likely that what was “abuse” to a BSCT psychologist were interrogation tactics that went beyond those authorized by the September 2003 memo as ‘standard operating procedure.’ That is, given the “No Blood, No Foul” attitude of many Special Forces units, “abuse” would very likely be tactics that led to serious and visible physical harm. The fact that the BSCT “brought in medical personnel to evaluate the detainee” also supports such an interpretation. In years of reading and writing about detainee abuse in Iraq and elsewhere, I have never seen accounts of medical personnel being brought in to examine victims exposed “merely” to psychological abuse such as isolation, stress positions, sleep deprivation, or exposure to loud noises or freezing temperatures. It is unlikely that this sole report of a psychologist reporting abuse was referring to these widespread, but standard, abuses.
Can I prove my interpretation of this passage is the correct one? No. The wording is ambiguous and “no details were offered.” But Dr. Behnke’s claim that these newly released materials provide evidence that “APA’s policy of engagement served the intended purpose - to stop interrogations that cross the bounds of ethical propriety” - is totally unsupported. In contrast, my interpretation is grounded in knowledge about detainee abuse in Iraq and about the Church report. Dr. Behnke’s “careful” review of these documents does not attempt to understand the role of psychologists in abuse of detainees but, like U.S. “intelligence” about Iraqi weapons of mass destruction, fixes the data around established APA policy.
Reference
Arrigo, Jean Maria, & Bennett, Ray. (2007). Organizational Supports for Abusive Interrogations in “The War on Terror.” In Torture Is for Amateurs, special issue of Peace and Conflict, 13 (4): 411-421.
May 26th, 2008
The New York Times had an editorial on last week’s Department of Justice Inspector General report on FBI observation of US detainee torture and abuse.
What the FBI agents Saw
New York Times Editorial, May 22, 2008
Does this sound familiar? Muslim men are stripped in front of female guards and sexually humiliated. A prisoner is made to wear a dog’s collar and leash, another is hooded with women’s underwear. Others are shackled in stress positions for hours, held in isolation for months, and threatened with attack dogs.
You might think we are talking about that one cell block in Abu Ghraib, where President Bush wants the world to believe a few rogue soldiers dreamed up a sadistic nightmare. These atrocities were committed in the interrogation centers in American military prisons in Iraq, Afghanistan and Guantánamo Bay, Cuba. And they were not revealed by Red Cross officials, human rights activists, Democrats in Congress or others the administration writes off as soft-on-terror.
They were described in a painful report by the Justice Department’s inspector general, based on the accounts of hundreds of F.B.I. agents who saw American interrogators repeatedly mistreat prisoners in ways that the agents considered violations of American law and the Geneva Conventions. According to the report, some of the agents began keeping a “war crimes file” — until they were ordered to stop.
These were not random acts. It is clear from the inspector general’s report that this was organized behavior by both civilian and military interrogators following the specific orders of top officials. The report shows what happens when an American president, his secretary of defense, his Justice Department and other top officials corrupt American law to rationalize and authorize the abuse, humiliation and torture of prisoners:
— Four F.B.I. agents saw an interrogator cuff two detainees and force water down their throats.
— Prisoners at Guantánamo were shackled hand-to-foot for prolonged periods and subjected to extreme heat and cold.
— At least one detainee at Guantánamo was kept in an isolation cell for at least two months, a practice the military considers to be torture when applied to American soldiers.
The study said F.B.I. agents reported this illegal behavior to Washington. They were told not to take part, but the bureau appears to have done nothing to end the abuse. It certainly never told Congress or the American people. The inspector general said the agents’ concerns were conveyed to the National Security Council, but he found no evidence that it acted on them.
Mr. Bush claims harsh interrogations produced invaluable intelligence, but the F.B.I. agents said the abuse was ineffective. They also predicted, accurately, that it would be impossible to prosecute abused prisoners.
For years, Mr. Bush has refused to tell the truth about his administration’s inhuman policy on prisoners, and the Republican-controlled Congress eagerly acquiesced to his stonewalling. Now, the Democrats in charge of Congress must press for full disclosure.
Representative John Conyers, who leads the House Judiciary Committee, said he would focus on the F.B.I. report at upcoming hearings. Witnesses are to include John C. Yoo, who wrote the infamous torture memos, and the committee has subpoenaed David Addington, Vice President Dick Cheney’s chief of staff. Mr. Conyers also wants to question F.B.I. Director Robert Mueller and Attorney General Michael Mukasey, both of whom should be subpoenaed if they do not come voluntarily.
That is just the first step toward uncovering the extent of President Bush’s disregard for the law and the Geneva Conventions. It will be a painful process to learn how so many people were abused and how America’s most basic values were betrayed. But it is the only way to get this country back to being a defender, not a violator, of human rights.
May 26th, 2008