Video shows two cops pepper spraying nonviolent demonstrators


Due to the outrage, the Chancellor, who lauded their restrained actions earlier has now placed the two on leave. However, every cop who was there and stood by is complicit. And the Chancelor who called them in after seeing the violence by UC Berkeley police earlier had to know that such violence was a likely possibility. She is responsible. If she had ordered that violence not be used, the results might have been different. She must go as well as these brutal officers. The fish stinks from the top.

November 20th, 2011

Watch police calmly plan and execute the UC Davis

Another video shows the calm deliberation of the police as they plan the pepper spraying of UC Davis students. It is now clear that a large sector of the campus police force is dedicated not to protecting students but to brutalizing them. Any decent university would disband the entire force and start over with a force dedicated to preserving peace and the right to dissent:

I must say that UC Davis is giving its students an excellent education in the true nature of the modern “liberal” state, dedicated as it is to the preservation of privilege and power at all costs. as the first Mayor Daley expressed so beautifully after the police riot in 1968: “The police aren’t here to create disorder. They’re here to preserve it.

November 20th, 2011

Occupy Davis statement on UC Davis police violence

The separate Occupy Davis has issued this statement on the violence Friday toward peaceful protesters by the UC Davis administration and their hired enforcers:

At Occupy Davis relations with the democratically elected city council and local police forces have been genial and productive. The authorities have worked continuously to harmonize the occupation’s presence with the park and surrounding businesses and ensure that all aspects of the encampment remain non-violent. Those in charge of using force are aware that they are democratically elected officials that are directly accountable to the people.

Occupy UC Davis, a mere three blocks away, is under the jurisdiction of an undemocratic, appointed regime of force over which its subjects have no meaningful democratic control. The authorities there attacked non-violent protesters with indifference, and, in some cases, a clear display of sadistic pleasure. There could be no better illustration of the differences between a democratic, accountable public safety effort and a fascist, totalitarian, unaccountable police state. The students of UC Davis have no meaningful voice, and that is reflected at the very top of the administration down to the officer on the ground who can spice up his day with a confident sense of utter, unassailable impunity.

As for the message of the protest, I have no direct comment, because the police on the scene made a far more compelling case through their brutal actions than my printed words ever could.

God bless those who sat for our rights that day, submitting their bodies to be brutalized, sacrificing themselves to expose injustice. They truly are the heroes of humanity.

November 20th, 2011

The state at work: Pepper spraying nonviolent protesters at UC Davis

I read the embattled Chancellor’s claims about how threatened the police were and how pepper spraying was a humane alternative to batons. But the video makes clear that there was no threat except that the cop got his jollies off attacking eople who had the temerity to sit down and nonviolently protest. BTW, the police officer spraying the protesters has been identified as UC Davis Police Lt. John Pike. He must be fired immediately.

Therehad already been police violence against students earlier in the day [at 7:40]:

The Chancellor’s response to this unprovoked police violence:

“We deeply regret that many of the protestors today chose not to work with our campus staff and police to remove the encampment as requested. We are even more saddened by the events that subsequently transpired to facilitate their removal.”

UC Davis Assistant Professor Linda Katehi wrote the following Open Letter calling for the Chancellor’s resignation. This action is especially brave as he does not have tenure and may well suffer professionally for daring to speak out:

Open Letter to Chancellor Linda P.B. Katehi

Linda P.B. Katehi,

I am a junior faculty member at UC Davis. I am an Assistant Professor in the Department of English, and I teach in the Program in Critical Theory and in Science & Technology Studies. I have a strong record of research, teaching, and service. I am currently a Board Member of the Davis Faculty Association. I have also taken an active role in supporting the student movement to defend public education on our campus and throughout the UC system. In a word: I am the sort of young faculty member, like many of my colleagues, this campus needs. I am an asset to the University of California at Davis.

You are not.

I write to you and to my colleagues for three reasons:

1) to express my outrage at the police brutality which occurred against students engaged in peaceful protest on the UC Davis campus today

2) to hold you accountable for this police brutality

3) to demand your immediate resignation

Today you ordered police onto our campus to clear student protesters from the quad. These were protesters who participated in a rally speaking out against tuition increases and police brutality on UC campuses on Tuesday—a rally that I organized, and which was endorsed by the Davis Faculty Association. These students attended that rally in response to a call for solidarity from students and faculty who were bludgeoned with batons, hospitalized, and arrested at UC Berkeley last week. In the highest tradition of non-violent civil disobedience, those protesters had linked arms and held their ground in defense of tents they set up beside Sproul Hall. In a gesture of solidarity with those students and faculty, and in solidarity with the national Occupy movement, students at UC Davis set up tents on the main quad. When you ordered police outfitted with riot helmets, brandishing batons and teargas guns to remove their tents today, those students sat down on the ground in a circle and linked arms to protect them.

What happened next?

Without any provocation whatsoever, other than the bodies of these students sitting where they were on the ground, with their arms linked, police pepper-sprayed students. Students remained on the ground, now writhing in pain, with their arms linked.

What happened next?

Police used batons to try to push the students apart. Those they could separate, they arrested, kneeling on their bodies and pushing their heads into the ground. Those they could not separate, they pepper-sprayed directly in the face, holding these students as they did so. When students covered their eyes with their clothing, police forced open their mouths and pepper-sprayed down their throats. Several of these students were hospitalized. Others are seriously injured. One of them, forty-five minutes after being pepper-sprayed down his throat, was still coughing up blood.

This is what happened. You are responsible for it.

You are responsible for it because this is what happens when UC Chancellors order police onto our campuses to disperse peaceful protesters through the use of force: students get hurt. Faculty get hurt. One of the most inspiring things (inspiring for those of us who care about students who assert their rights to free speech and peaceful assembly) about the demonstration in Berkeley on November 9 is that UC Berkeley faculty stood together with students, their arms linked together. Associate Professor of English Celeste Langan was grabbed by her hair, thrown on the ground, and arrested. Associate Professor Geoffrey O’Brien was injured by baton blows. Professor Robert Hass, former Poet Laureate of the United States, National Book Award and Pulitzer Prize winner, was also struck with a baton. These faculty stood together with students in solidarity, and they too were beaten and arrested by the police. In writing this letter, I stand together with those faculty and with the students they supported.

One week after this happened at UC Berkeley, you ordered police to clear tents from the quad at UC Davis. When students responded in the same way—linking arms and holding their ground—police also responded in the same way: with violent force. The fact is: the administration of UC campuses systematically uses police brutality to terrorize students and faculty, to crush political dissent on our campuses, and to suppress free speech and peaceful assembly. Many people know this. Many more people are learning it very quickly.

You are responsible for the police violence directed against students on the UC Davis quad on November 18, 2011. As I said, I am writing to hold you responsible and to demand your immediate resignation on these grounds.

On Wednesday November 16, you issued a letter by email to the campus community. In this letter, you discussed a hate crime which occurred at UC Davis on Sunday November 13. In this letter, you express concern about the safety of our students. You write, “it is particularly disturbing that such an act of intolerance should occur at a time when the campus community is working to create a safe and inviting space for all our students.” You write, “while these are turbulent economic times, as a campus community, we must all be committed to a safe, welcoming environment that advances our efforts to diversity and excellence at UC Davis.”

I will leave it to my colleagues and every reader of this letter to decide what poses a greater threat to “a safe and inviting space for all our students” or “a safe, welcoming environment” at UC Davis: 1) Setting up tents on the quad in solidarity with faculty and students brutalized by police at UC Berkeley? or 2) Sending in riot police to disperse students with batons, pepper-spray, and tear-gas guns, while those students sit peacefully on the ground with their arms linked? Is this what you have in mind when you refer to creating “a safe and inviting space?” Is this what you have in mind when you express commitment to “a safe, welcoming environment?”

I am writing to tell you in no uncertain terms that there must be space for protest on our campus. There must be space for political dissent on our campus. There must be space for civil disobedience on our campus. There must be space for students to assert their right to decide on the form of their protest, their dissent, and their civil disobedience—including the simple act of setting up tents in solidarity with other students who have done so. There must be space for protest and dissent, especially, when the object of protest and dissent is police brutality itself. You may not order police to forcefully disperse student protesters peacefully protesting police brutality. You may not do so. It is not an option available to you as the Chancellor of a UC campus. That is why I am calling for your immediate resignation.

Your words express concern for the safety of our students. Your actions express no concern whatsoever for the safety of our students. I deduce from this discrepancy that you are not, in fact, concerned about the safety of our students. Your actions directly threaten the safety of our students. And I want you to know that this is clear. It is clear to anyone who reads your campus emails concerning our “Principles of Community” and who also takes the time to inform themselves about your actions. You should bear in mind that when you send emails to the UC Davis community, you address a body of faculty and students who are well trained to see through rhetoric that evinces care for students while implicitly threatening them. I see through your rhetoric very clearly. You also write to a campus community that knows how to speak truth to power. That is what I am doing.

I call for your resignation because you are unfit to do your job. You are unfit to ensure the safety of students at UC Davis. In fact: you are the primary threat to the safety of students at UC Davis. As such, I call upon you to resign immediately.

Sincerely,

Nathan Brown
Assistant Professor
Department of English
Program in Critical Theory
University of California at Davis

UC Davis Chancellor Linda P.B. Katehi walk of shame that night after the attacks. The students decided to greet her with total silence:

Viewing these videos I cannot fail to be impressed with the amazing dignity and self-control of these students. The university should be proud of them. Before the violence they chanted:

“You use weapons! We use our voice!”

The university administration realized how dangerous students voices can be and decided to silence them.

The UC Davis Faculty Senate has supported Professor Brown’s call Chancellor’s immediate resignation“. You can sign a petition supporting this call here.

The DFA Board calls for the immediate resignation of Chancellor Katehi. The Chancellor’s authorization of the use of police force to suppress the protests by students and community members speaking out on behalf of our university and public higher education generally represents a gross failure of leadership.

Given the recent use of excessive force by police against “occupy” protestors at UC Berkeley and elsewhere, the Chancellor must have anticipated that, by authorizing police action, she was effectively authorizing their use of excessive force against peaceful UCD student protestors. The Chancellor’s role is to enable open and free inquiry, not to suppress it.

We also call for a policy that will end the practice of forcibly removing non-violent student, faculty, staff, and community protestors by police on the UC Davis campus. The University of California should be taking a leadership role in encouraging the exercise of free speech, not in suppressing it. [Emphasis added.]

November 20th, 2011

The Boston Occupier launched

A group of folks from Occupy Boston have started a new paper, The Boston Occupier,  with coverage of the local, national, and international movement and related issues. From their opening editorial:

The Boston Occupier is an independent news source furthering the political and economic discourse initiated by the Occupy movement.  Staffed entirely by volunteers, it will operate in three forms: a website, a broadsheet and a daily update distributed solely at Dewey Square.

In addition to covering the Boston’s occupation and larger movement itself, the Occupier will report on unemployment, campaign finance, corporate personhood, social justice, transparency, accountability, and the other issues raised by the protesters.

We seek to facilitate respectful debate. Following the cue of other publications, the op-eds selected for publication will generally be those which offer a perspective different from those of the editorial section. All ideas are welcome, so long as the discussion surrounding them is carried out in a coherent and thoughtful manner.

If the encampment at Dewey Square comes to an end, this publication will be a way for the dialogue it has inspired to persist.  Independent of the group’s physical presence in the heart of the financial district, The Boston Occupier hopes to provide a space for respectful, insightful dialogue on the political and economic troubles of our day. We have a closer vantage point than others, but that doesn’t mean that our aspirations to high journalistic standards of informed objectivity are less valid.”

 

 

November 19th, 2011

Boston November 17 march and rally: Unity in diversity

Have just returned from the demonstration in Boston, one of hundreds planned nationwide. On the theme of Jobs not Cuts, the organizers called for public spending to fix America’s decaying infrastructure. The rally was supported by Occupy Boston, Move On, Defend the American Dream, and numerous unions and community organizations.

The rally began with a cold drizzle which did little to dampen the crowds or their enthusiasm. What was most striking was the diversity of the crowd. The usual students, young white unemployed and long-time activists were joined by many unionists and  numerous individuals and groups from Boston’s diverse neighborhoods. There was even a sizeable contingent from the Chinatown Neighborhood Association, a first that I’ve ever seen. If this diversity is starting to build in other cities, I understand the intensity and desperation with which the state, coordinated by the Homeland Security and (In)Justice Departments have acted to displace, intimidate, and destroy the movement. They may sense the beginning of something uniting enough people to seriously threaten the powers that be.

The march and rally were energetic. It was fascinating to see the creative tension between the union leaders who wanted to impose structure, such as approved slogans and the Occupy Boston affiliated folks who are not used to letting leaders tell them what they can think or do. In this case, the union leaders largely gave in. At the rally, the union speakers could not be heard. Thus they good naturedly turned to the people’s mike to get the words  across. Unfortunately, speaker after speaker said few the exact same things, sticking tightly to their script, so that much of the crowd, me included, decided to leave in boredom. Still, it was quite an experience to see so many people from such diverse backgrounds marching together to say “NO!” to the status quo.

 

November 17th, 2011

OWS eviction: Police state visions

James Downie at the Washington Post writes of last night’s attack on Occupy Wall Street. Note especially his last paragraph:

Bloomberg’s disgraceful eviction of Occupy Wall Street

By James Downie

Early Wednesday morning, New York police raided and evicted the Occupy Wall Street encampment in Zucotti Park in southern Manhattan. The behavior of the NYPD and the mayor’s office, in ordering this brazen action while blocking the press and the public from reporting on the eviction, is a disgraceful display of unnecessary force on a protest that for the most part has behaved lawfully and respectfully throughout its two-month existence.

The last time the police planned to clear the park, they had announced the eviction ahead of time and gave people and press time to flood in. This time, the NYPD, clearly intent on avoiding as much scrutiny as possible, made no such “mistake.” According to reporter accounts on news Web sites and on Twitter, at around 1:00 a.m., police moved swiftly to isolate Zucotti from the outside world. The NYPD closed subway stops and streets around the park, and set up barricades to prevent people from joining the protest. Once inside the park, the police tore up the tents, and apparently ruined the belongings of the protesters who had turned the park into a makeshift city over the last two months. (Among other ruined items were 5000 books from the park’s library, the protesters’ Twitter feed points out.) Those who resisted were met with batons and pepper spray, reports Mother Jones’s Josh Harkinson; among others, New York City Council member Ydanis Rodriguez was arrested and bleeding from the head, according to another council member. Protesters were to be allowed back into the park, but the NYPD insisted they’d have to make do without tents, tarps or any other equipment essential to the occupation.

Bloomberg’s brazenness has only increased during the morning. At 6:30 a.m., Judge Lucy Billings issued an injunction “requiring the protesters to be readmitted to Zuccotti Park with their tents,” but Bloomberg has ignored the court order and kept the park closed. Protesters have marched to Zucotti Park, but are being barred from entrance despite displaying that court order to the police on site. At this time, the mayor’s office has not explained why it is ignoring the court order.

Most disturbingly, the NYPD sought to block any and all press from covering this eviction. On the ground, reporters were stopped at the barricades and refused entrance. Numerous journalists reported thatcops refused to let them in, even pushing reporters away; reporters even Tweeted about getting arrested. In the air, NYPD helicopters refused to allow CBS News helicopters to film the eviction from above. As for the camera already in the park-OWS’s livestream-the police simply blocked it with a pile of torn-up tents.

The offered reasoning for the eviction? The same canard as the last time Bloomberg wanted to sweep away protesters: “public health and safety.” Never mind that Occupy Wall Street has continually cleaned the park itself, or that health experts who have visited the park have pronounced it sanitary, or that even Bloomberg could cite only one incident that threatened public safety in his statement about the eviction. No, such “facts” were turned away, just as the police sought to turn the media’s cameras elsewhere. All this while, as Matt Taibbi put it last week, “in the skyscrapers above the protests, anything goes.” Nobody arrested the bankers for pushing fraudulent loans andsubprime mortgage investments, or the ratings agencies and government regulators that neglected their duties and helped Wall Street crash the global economy. But putting tents in a public park? Time to bring out the batons and pepper spray.

As hard as the NYPD and New York City’s government might try to obscure the truth though, one truth remains: At 1 a.m. this morning, in the heart of New York City, protesters exercising their constitutional rights to free speech and assembly were swept away by the state, while that state also did all it could to preventmedia coverage. No matter what one may think of the occupiers or their cause, nothing they’ve done justifies blockading the press or ignoring court orders. Mayor Bloomberg, Police Commissioner Ray Kelly and other New York leaders who ordered the eviction should take a long, hard look at their handling of the occupation. This morning’s action may not be what a police state looks like, but it’s certainly how one begins.

 

November 15th, 2011

Music: Occupy Wall Street Rag (Where’s the LOVE- Where’dat money Go?)

November 14th, 2011

Music: Makana — We Are The Many

We Are The Many
Lyrics and Music by Makana
Makana Music LLC © 2011

Download song for free here:
http://makanamusic.com/?slide=we-are-the-many

We Are The Many

Ye come here, gather ’round the stage
The time has come for us to voice our rage
Against the ones who’ve trapped us in a cage
To steal from us the value of our wage

From underneath the vestiture of law
The lobbyists at Washington do gnaw
At liberty, the bureaucrats guffaw
And until they are purged, we won’t withdraw

We’ll occupy the streets
We’ll occupy the courts
We’ll occupy the offices of you
Till you do
The bidding of the many, not the few

Our nation was built upon the right
Of every person to improve their plight
But laws of this Republic they rewrite
And now a few own everything in sight

They own it free of liability
They own, but they are not like you and me
Their influence dictates legality
And until they are stopped we are not free

We’ll occupy the streets
We’ll occupy the courts
We’ll occupy the offices of you
Till you do
The bidding of the many, not the few

You enforce your monopolies with guns
While sacrificing our daughters and sons
But certain things belong to everyone
Your thievery has left the people none

So take heed of our notice to redress
We have little to lose, we must confess
Your empty words do leave us unimpressed
A growing number join us in protest

We occupy the streets
We occupy the courts
We occupy the offices of you
Till you do
The bidding of the many, not the few

You can’t divide us into sides
And from our gaze, you cannot hide
Denial serves to amplify
And our allegiance you can’t buy

Our government is not for sale
The banks do not deserve a bail
We will not reward those who fail
We will not move till we prevail

We’ll occupy the streets
We’ll occupy the courts
We’ll occupy the offices of you
Till you do
The bidding of the many, not the few

We’ll occupy the streets
We’ll occupy the courts
We’ll occupy the offices of you
Till you do
The bidding of the many, not the few

We are the many
You are the few

Credits:
Directed & Edited by Kamuela Vance
Filmed by Tom Hackett & Kamuela Vance
Creative Consultant: Evan Tector
Thanks to ‘Olelo Community Television
All images Fair Use.
Our heartfelt gratitude to the Artists and Photographers.

November 14th, 2011

Dryboarding at GTMO

Almerindo Ojeda has raised new questions regarding the mysterious deaths of three prisoners at Guantanamo in June 2006. He raises the possibility that the deaths occurred under torture using a technique known as “dryboarding”:

Death in Guantanamo: Suicide or Dryboarding?

By Almerindo Ojeda

On June 10, 2006, three Guantánamo prisoners were found dead in their cells. Two days later, a Department of Defense (DoD) news release described these deaths as suicides. The news release quoted Camp Commander Harry Harris, who described these suicides as acts of asymmetric warfaremeant to advance al-Qaeda’s cause in the war on terror.

The news release was categorical with regards to the self-inflicted nature of the deaths. And the camp commander was equally certain of their hostile intent. Yet the news release was curiously guarded about themanner of these deaths – the three “appear” to have hanged themselves with nooses made of bed sheets and clothing, it said.

The deaths of these three individuals was the subject of an investigation by the Naval Criminal Investigative Service (NCIS). The much-awaited report of this investigation concluded that these deaths were indeed self-inflicted. Yet, a close reading of the heavily redacted material released by the NCIS raises more than a few questions, both for this researcher and for others, regarding the exact circumstances of these deaths. To wit:

  • Why did the prisoners have their hands tied when they were found hanging in their cells? (NCIS185NCIS950,NCIS1012NCIS958AUTO693-1)
  • Is it possible to tie one’s own hands?
  • Why were the prisoners gagged with cloth? They were already going to kill themselves by silent suffocation through hanging; why suffocate themselves silently twice? (NCIS966,NCIS975NCIS1073fNCIS1079NCIS1091)
  • Why did all three prisoners have masks – or mask-like contraptions – on their faces as they hanged? (AUTO693-1,NCIS950NCIS990f)
  • Is it physically possible to hang yourself bound, masked and gagged?
  • Why was there a bloody T-shirt around the neck of one of the prisoners found hanging in his cell? (NCIS1113)
  • Rigor mortis had begun to set in on the prisoners when they were discovered. Consequently, they had to have been hanging for two hours before they were discovered. According to Standard Operating Procedures, each of the prisoners had to be visually inspected every ten minutes. That means six inspections per prisoner per hour, or 36 inspections overall. How could the guards have missed the hangings in 36 visual inspections? (NCIS1025NCIS1070,NCIS1078fAUTO693-8AUTO588-7)
  • Why were the neck organs (the larynx, the hyoid bone and the thyroid cartillage) removed from one of the corpses? According to subsequent autopsies done privately, these would be essential in establishing whether or not hanging was the cause of death (AUT693-5)
  • Why is there a page missing from a log book begun on the day the deaths were discovered and recording the entries and exits to the cell block where the suicides took place? (NCIS1354)

Incidentally, the information that the dead prisoners were gagged with rags came out before the NCIS report was even begun. This information was provided by Col. Michael Bumgarner, one of the Guantánamo commanders. Speaking to The Charlotte Observer, Col. Bumgarner said that the prisoners who had hanged themselves, “each had a ball of cloth in their mouth either for choking or muffling their voices.”

The deceased were known officially as Ali Abdullah Ahmed (ISN 693), Mana Shaman Allabardi al Tabi (ISN 588), and Yasser Talal al Zahrani (ISN 93). Their lifeless bodies were found hanging in cells A5, A12 and A8, respectively, of Alpha Block, Camp 1, Camp Delta (NCIS938).

The Testimonies of Several Guards And One Commander

In January 2010, Scott Horton published an explosive article in Harper’s Magazine. In it, he told about Staff Sgt. Joseph Hickman, who was guarding the entrance to Camp Delta on the night of the deaths. Early that night, Sergeant Hickman saw a white van pick up three prisoners from the Camp and drive them to a secretive facility within the Guantánamo Naval Base. Then, about an hour before the bodies were found hanging in their cells, the van returned and backed up to the entrance of the clinic as if to unload something. Hickman went to the clinic and a medical corpsman informed him that three dead prisoners had been delivered to the clinic. The corpsman furthermore told him that they had died because they had rags stuffed down their throats, and that one of them was severely bruised.

Spc. Tony Davila, also serving at Guantánamo at the time, was likewise told, according to Harper’s, that the prisoners had died as the result of having rags stuffed down their throats.

The article in Harper’s Magazine adds two critical questions to the nine raised thus far:

  • Who were the three prisoners taken to the secret facility on the evening of the deaths?
  • What happened to them there?

In addition to this information, two Guantanamo guards other than the ones mentioned thus far told Horton that no prisoners were taken from the regular cell blocks to the clinic that night. Several guards also confirmed to him that Bumgarner had acknowledged the gagging early on. Indeed, according to Harper’s, the colonel called a meeting of personnel on the morning of the deaths; at that meeting, he is said to have told those in attendance that, “you all know three prisoners in the Alpha Block at Camp 1 committed suicide during the night by swallowing rags, causing them to choke to death.” (The Guantánamo Suicides, §5)

“He also told them,” Horton continued, “that the media would report something different. It would report that the three prisoners had committed suicide by hanging themselves in their cells. It was important, he said, that servicemen make no comments or suggestions that in any way undermined the official report. He reminded the soldiers and sailors that their phone and email communications were being monitored.”

The Dryboarding Of Ali Al-Marri

Ali Saleh al-Marri is a citizen of Qatar who entered the United States lawfully in September 2011. Ostensibly, he had come with his wife and five children to pursue graduate studies at Bradley University in Peoria, Illinois – the same institution from which he had earned a bachelors degree in 1991. On December 12, 2001, Mr. al-Marri was arrested by the FBI as an alleged material witness of the terrorist attacks of September 11 (Complaint,§§14-15).

Mr. al-Marri was initially detained at the Peoria County Jail. From there, he was transferred to the Metropolitan Correctional Center in New York City, and then back to the Peoria County Jail in May 2003. By then, Mr. al-Marri had been detained without charge for 17 months, most of which he had spent in solitary confinement (Complaint, §§15-16, 21).

On June 23, 2003, then-president George W. Bush designated Mr. al-Marri an enemy combatant and had him transferred to the US Naval consolidated brig in Charleston, South Carolina, the same prison that once housed alleged dirty-bomber Jose Padilla, former Guantánamo prisoner Yasser Hamdi and former Guantánamo Chaplain James Yee. Mr. al-Marri remained at the brig until February 2009. By then, he had been held for more than seven years – all without charge; all in virtual isolation (Complaint, §§25-26).

In 2008, President Obama transferred Mr. al-Marri’s case to the federal court system, where he pleaded guilty of supporting al-Qaeda and was sentenced to 15 years. He is now held at the supermax prison in Florence, Colorado. He received a reduced sentence for time served and the harsh conditions of his confinement and is due to be released in January 2015 (Federal Bureau of Prisons web site).

This December, Mr. al-Marri will have spent ten years in custody. Of these years, the most brutal were the first year and a half he spent at the Naval consolidated brig, from June 2003 to October 2004. There he was held incommunicado – meaning that he was denied any contact with the outside world, including his family, his lawyers and even the International Committee of the Red Cross. His only human contact then was with government officials during interrogation sessions, or with guards when they delivered trays of food through a slot in his cell door, escorted him to shower or took him to a concrete cage for “recreation” (Memorandum, p. 4).

During this period, Mr. al-Marri was held in a 6-by-9-foot cell, denied basic necessities, including adequate clothing, recreation, and hygiene items such as a toothbrush, toothpaste, soap and toilet paper. Sometimes the water to his cell was cut off for up to 20 days. If Mr. al-Marri needed water to drink or to wash himself, he had to ring a buzzer. Brig staff would often fail to respond for several hours. Brig staff also interfered with Mr. al-Marri’s practice of his religion. A devout Muslim, he was denied water to purify himself, a prayer rug, and a kofi to cover his head during prayer. When he used his shirt as a substitute, he was punished by having his shirt removed. He was prohibited from knowing the time of day and the direction to Mecca, thus preventing him from properly fulfilling the Muslim requirement of praying five times a day. The only religious item he was permitted was a Koran – but it was sometimes taken away and desecrated (Memorandum, pp. 5-6).

While held incommunicado, Mr. al-Marri was subjected to a brutal interrogation regime which included stress positions, prolonged exposures to cold temperatures, extreme sensory deprivation, and threats of violence or death to himself or to others. Interrogators, for example, told Mr. al-Marri that they would send him to Egypt or to Saudi Arabia to be tortured, sodomized and forced to watch as his wife was raped in front of him. They also threatened to make him disappear so that no one would know where he was (Memorandum, pp. 4-5).

But of all the interrogation techniques that Mr. al-Marri endured, there is one that is, potentially, of great importance for an accurate interpretation of the deaths at Guantánamo in 2006. Yet, it would have gone unnoticed were it not for a recent articleby Tony Bartelme in Charleston’s Post and Courier.

Indeed, on one occasion, interrogators decided to stuff Mr. al-Marri’s mouth with cloth and cover his mouth with heavy duct tape – a technique of controlled suffocation that Mr. al-Marri’s lawyer, Andrew Savage, has called dryboarding. Dryboarding is not just a criminal practice; it is a potentially lethal procedure. As he was being dryboarded, Mr. al-Marri tried to relieve the pain caused by the duct tape by loosening the tape with his lips. He succeeded. Taking note of this, the interrogators taped his mouth again, but this time more tightly. At this point, Mr. al-Marri began to choke to death. Panicking, the interrogators acted quickly and removed the tape, thus managing, narrowly, to keep Mr. al-Marri alive (Memorandum, p. 5).

This account of the events is apparently undisputed. Ms. Joanna Baltes, who appeared on behalf of the government in the sentencing of Mr. al-Marri, seems to have acknowledged that this incident took place. She also recognized that this procedure was inconsistent with the Army Field Manual (Sentencing, pp. 259, 261). There are no signs, however, that anyone has been held accountable for carrying it out.

Video recordings of this incident exist, but have been repeatedly denied to Mr. al-Marri’s legal team on grounds of national security (Sentencing, p. 261; Andrew Savage, personal communication).

Suicide or Dryboarding?

The dryboarding of Mr. al-Marri raises an unavoidable question:Did the three individuals found hanging in Guantánamo die from dryboarding rather than by hanging? If so, they would be cases not of multiple suicide, but rather of torture leading to multiple loss of life.

Whether the Guantánamo prisoners died from hanging or from dryboarding is something for a thorough, independent and transparent inquiry to determine – the NCIS investigation was none of these. If it had been thorough, it would have disposed of all the questions we raised above; if it had been independent, it would not have been carried out by the Navy, which runs the Guantanamo Naval Base; and if it had been transparent, it would not have censored more than half of its report.

Be that as it may, it is clear that dryboarding can dispose, singlehandedly, of all the questions we have raised thus far – especially the questions regarding the need for gagging with cloth and for using masks or mask-like contraptions. They would be nothing short of essential to the task at hand.

The dryboarding hypothesis would also explain the binding of the hands, the fact that no hanging was observed after 36 visual inspections, the removal of the organs of the neck, and the missing pages in the log book – the latter being attempts at destroying evidence of a crime. It would also void the need for dubious appeals to self-binding and hobbled hangings. Similarly, it would identify the prisoners taken from Camp Delta and reveal their fate.

And the violent conditions necessitated by dryboarding could account for the bruising and bloodied T-shirt. Even the guarded description of the manner of death in the early news release would make sense under a dryboarding scenario.

But there is more. Two of the documents in the NCIS report affirm that the rags in the mouths of the deceased were socks. One of these socks was described as white athletic; the other as white nylon (NCIS1073fNCIS1091). Interestingly, the cloth used in the dryboarding of Mr. al-Marri was also a sock (Andrew Savage, personal communication).

In light of the unanswered questions, one thing remains clear: there is a need for a thorough, independent and transparent investigation into the June 10, 2006, deaths at Guantánamo and, more broadly, for a thorough, independent and transparent inquiry into all the practices and policies of detention enacted since the terrorist attacks of September 11, 2001.

To view in full the documents cited in this report, click here.

 

November 14th, 2011

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