Contents: The Sir! No Sir! blog is an information clearing house, drawing on a wide variety of sources, to track the unfolding history of the new GI Movement, and the wars that brought the movement to life.
Where applicable, parallels will be drawn between the new movement and the Vietnam era movement which was the focus of the film Sir! No Sir!
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This article, by Richard Lee, was posted to The Rag Blog, November 11, 2009
To Barack Obama:
Let’s have a military buildup! You can show those crazy-ass generals at the Pentagon that you aren’t just a chicken-shit weenie from Harvard.
You gotta do it right, however. Stop waffling about a measly 40,000 or 44,000 troops and do it like you mean it! I know you have never fought for or against anything. (That squabble with the Court Clerk to get your papers filed doesn’t count.) But you can do it! Don’t forget to keep that HOPE and CHANGE thingy going, so we won’t see what is really happening behind the curtain.
Since you don’t have a clue how to go about it, you should go back and dust off the template that the power-drunk cowboy used way back when. Turn to the record of his build-up, covering March 8, 1965, through, say, the end of January, 1966. Yep, that’s right I’m talking about Vietnam (they told me you were smart); don’t let that slow you down, a buildup is a buildup and you can do it in Afghanistan just like Lyndon and Waste-more-land did it back then.
You’ve already got 68,000 troops and an untold number of mercenaries... uh, contractors there so maybe you can forgo the photo op of the Marines stomping ashore like at Da Nang, or maybe you can arrange something like that, it was a good photo. No one will call you on it; the ignorance of the American people knows no limits. Don’t forget to include the Afghani ARVN; they’ll do you a lot of good.
That done, throw caution to the wind, fire anyone who counsels caution, and begin a real buildup!
Expect casualties. Lyndon was told to expect civilian casualties of 25,000 dead, about 68 men, women and children a day, mostly from “friendly fire” and 50,000 wounded. That was an estimate for the one year the generals said it would take to bring the Vietnamese “to their knees” and initiate their surrender; one year, or maybe 18 months at the most. That number was good enough for Lyndon, so don’t let anybody’s numbers scare you. In 1968 there were 85,000 civilians wounded.
Next, establish free fire zones. Once you get all those troops there, they will need some place to fire off all their ordnance. Go to an inhabited area, drop leaflets or have USAID workers visit and tell the population to get on the road and become refugees. Those who are too old or too infirm to go, or who come up with the excuse that Afghanistan is their country and they ain’t going; well, those are Viet Cong... I mean, Tally Band.
What good is a free fire zone if it doesn’t have any targets to shoot at anyway? While you are busy changing “Viet Cong” to “Taliban," change the name “free fire zones” to Specified Strike Zones; those pesky Congressional liberals will feel better about it. It worked when Lyndon did it.
Get an air war going. Crank up the SAC B-52’s, they don’t have anything to do now that the Russians opted out of the Cold War. One B-52 at 30,000 feet can drop a payload that will take out everything in a box five eighths of a mile wide and two miles long. You can still call it “Operation Arc Light”; no one will remember that’s been used before.
Don’t forget to let the other planes in on the fun! Fighter bombers can deliver ordnance too. Lyndon, in that first 10 months, got it up to 400 sorties a day, add in the B-52’s and they were able to drop 825 tons of bombs a day. Some even hit their targets.
Drop more than bombs. I hate to suggest a return to Agent Orange. Military science must have come up with better stuff in the last 50 years. If not, then use the leftover Agent Orange, the residual effect is worth it. Not only will those enemy Afghanis (or friendly ones, for that matter) not be able to plant food crops in target areas for decades, but “Taliban fighters” will keep dying from it for years after we’re gone.
During the 10-month Vietnam build-up, specially equipped C-123’s covered 850,000 acres, in 1966 they topped that, “defoliating” 1.5 million acres. By war’s end they’d dropped 18 million gallons of Agent Orange, in addition to millions of gallons of less notorious but still deadly poisons code-named for other colors -- Purple, White, Pink, and more -- over 20% of the south of Vietnam.
To help keep the buildup affordable, take no costly precautions with our own troops; it’s hot in Afghanistan, so let them take off their shirts while spraying. The afflicted Vietnam vets sued the government over it, they won! My brother Tommy was one of them. What did they win? Well, when they die, they get $300.00 from the government. You can forget about the vets anyway when the war is over, that’s S.O.P.
Now, a buildup ain’t all in the air. Howitzers, Long Tom Cannons and mortars expended enough high explosive and shrapnel in Southeast Asia to equal the tonnage dropped from the air.
And it’s not just troop strength that you’ll need to build up. Your friends The Masters of War have probably already told you that. A build-up is troops and MATERIAL. See how Waste-more-land did it, and more or less copy that. Brown and Root are still in business; have a sit down with them; they can help you sort it out.
Build airfields. With hundreds of thousands more troops you will need lots of airfields. Jet airfields are best for business. Lyndon had three in Vietnam before he started, he quickly built five more. So, discount what you have and get cracking! A 10,000 foot runway to start, and then add parallel taxiways, high speed turnoffs, and tens of thousands of square yards of aprons for maneuvering and parking. Use aluminum matting at first; you can replace it with concrete later. You gotta build hangers, repair shops, offices and operations buildings, barracks, mess halls, and other buildings. Don’t stint on the air conditioning!
Build deep water ports. What? Don’t have an ocean? Kee-rist, what kind of a country are we liberating anyway? Well, you still gotta build ports! Guess you can build them in Kuwait and other countries and truck all the shit through Iraq, they will be pacified by then and welcoming us with open arms and goofy little dances. Pakistan might like one or two, it would be good for business and we can just pay them to be our friend like we do now... only more.
Ports were dredged to 28 feet back then, but the newer boats draw 40 feet. It may be only mud to you, but its gold to the contractors. Half a dozen new ports should get you started.
But wait, there’s more. Four or five central supply and maintenance depots and hundreds of satellite facilities, build them along the lines of the prison gulag you are building in the U.S.
Build thirty more permanent base camps for the new combat and support troops you are sending. Another fifty or so tactical airfields long enough to hold C-130’s. Build two dozen or more hospitals that have a total of nine to ten thousand beds. Be sure there are new plush headquarters buildings for the brass and about four or five thousand staff. Everything has to be connected by secure electronic data systems, secure telephones, two or three hundred communications facilities around the country. Tens of thousands of new circuits will be needed to accommodate the built-up war machine.
You are a smart guy, Mr. President, so I won’t belabor an explanation of each thing. But here is a quick list of bare necessities: Warehouses, ammunitions stowage areas, tank farms for all the petroleum, oil and lubricants, new hard top roads, well ventilated and air conditioned barracks with hot water and flushing toilets (think 6-10,000 septic tanks). Food, not just MRE’s, but for all those REMF’s who will need fresh fruit and vegetables, meat and dairy products. Thousands of cold lockers to store this, and you need to build a milk reconstitution plant, maybe two or three, and ice cream plants.
All this is going to take a lot of electricity, so you will need thousands of permanent and mobile gas-driven generators (better add another tank farm). PX’s, not just for cigarettes and shaving cream, but all the things that the consumer army you will be sending is used to having: video game consoles, blackberries, microwave ovens, computers, slacks and sport shirts (to wear on R&R -- could omit that by having no R&R), soft drinks (better build a bottling plant), beer, whiskey, ice cubes (more generators?). Hamburgers, hot dogs, pizza, steaks.
Be sure to stock candy, lingerie, and cosmetics to improve the standard of living of the local women. They will also need to buy electric fans, toasters, percolators, TV’s, CD and DVD players, room air conditioners, and small refrigerators.
Movie theaters, service clubs, bowling alleys... will the list ever end? No!
Well, that will get your buildup started. I haven’t even addressed the more and more and more troops the generals will want, that is way too heavy for me!
In re-creating Johnson’s buildup, it will be better to skip over the second week in November, 1965, and all that stuff about the Drang River Valley, that’s just for historians. Close the book when you get to the end of January, 1966. Don’t read through April, with all those dreary reports from Khe Sanh. Don’t read about Tet 1968. Just remember it was the press and the Congress and the people who lost their will that lost that war, and not the stupid blundering generals or the presidents who didn’t give a shit how many they killed on either side.
One last thing: get your architects busy designing the Bush/Obama wall to put opposite ours on the Mall. Maybe you can even have your vets pay for it themselves like we had to.
I go there whenever I am in that stinking city. I sit on the edge of the grass just before sundown and sometimes I talk to the wall. The wall stands silent then; they are still waiting for an answer to the question of why we went to Vietnam. When it gets dark, sometimes the wall talks back. They say a lot of things, but they never say, “God bless my Commander-in-Chief.”
Richard Lee, Vet (Veterans Day, 2009)
This article, by Glenn Greenwald, was published by Salon Magazine, October 24, 2009
Something very unusual happened on The Washington Post Editorial Page today: they deigned to address a response from one of their readers, who "challenged [them] to explain what he sees as a contradiction in [their] editorial positions": namely, the Post demands that Obama's health care plan not be paid for with borrowed money, yet the very same Post Editors vocally support escalation in Afghanistan without specifying how it should be paid for. "Why is it okay to finance wars with debt, asks our reader, but not to pay for health care that way?"
The Post editors give two answers. They first claim that Obama will save substantial money by reducing defense spending -- by which they mean that he is merely decreasing the rate at which defense spending increases ("from 2008 to 2019, defense spending would increase only 17 percent") -- as well as withdrawing from Iraq. But so what? Even if those things really happen, we're still paying for our glorious, endless war in Afghanistan by borrowing the money from China and Japan, all of which continues to explode our crippling national debt. We have absolutely no ability to pay for our Afghan adventure other than by expanding our ignominious status as the largest and most insatiable debtor nation which history has ever known. That debt gravely bothers Beltway elites like the Post editors when it comes to providing ordinary Americans with basic services (which Post editors already enjoy), but it's totally irrelevant to them when it comes to re-fueling the vicarious joys of endless war.
The Post attempts to justify that disparity with their second answer, which perfectly captures the prevailing, and deeply warped, Beltway thinking: namely, escalating in Afghanistan is an absolute national necessity, while providing Americans with health care coverage is just a luxury that can wait:
All this assumes that defense and health care should be treated equally in the national budget. We would argue that they should not be . . . Universal health care, however desirable, is not "fundamental to the defense of our people." Nor is it a "necessity" that it be adopted this year: Mr. Obama chose to propose a massive new entitlement at a time of historic budget deficits. In contrast, Gen. McChrystal believes that if reinforcements are not sent to Afghanistan in the next year, the war may be lost, with catastrophic consequences for U.S. interests in South Asia. U.S. soldiers would continue to die, without the prospect of defeating the Taliban. And, as Mr. Obama put it, "if left unchecked, the Taliban insurgency will mean an even larger safe haven from which al-Qaeda would plot to kill more Americans."
Actually, a recent study from the Harvard Medical School and Cambridge Health Alliance documented that "nearly 45,000 annual deaths are associated with lack of health insurance" in America. Whatever the exact number, nobody doubts that lack of health insurance causes thousands of Americans to die every year. If you're Fred Hiatt and you already have health insurance, it's easy to dismiss those deaths as unimportant, "not fundamental," not a "necessity" to tend to any time soon. No matter your views on Obama's health care reform plan, does it really take any effort to see how warped that dismissive mentality is?
But it becomes so much worse when one considers what we're ostensibly going to do in Afghanistan as part of our venerated "counter-insurgency" mission. In an amazingly enlightening interview with Frontline, military expert Andrew Bacevich explains what that supposedly entails:
I think the best way to understand the term "counterinsurgency" is to understand what the U.S. Army and the Marine Corps today mean by that term. What they mean is an approach to warfare in which success is to be gained not by destroying the enemy but by securing the population.
The term "securing" here means not simply keeping the people safe, but providing for the people a series of services -- effective governance, economic development, education, the elimination of corruption, the protection of women's rights. That translates into an enormously ambitious project of nation building. . . .
John Nagl says that in effect we are engaged in a global counterinsurgency campaign. That's his description of the long war.
Now, think about it. If counterinsurgency, according to current doctrine, is all about securing the population, if securing the population implies not simply keeping them safe but providing people with good governance and economic development and education and so on, what then is the requirement of a global counterinsurgency campaign?
Are we called upon to keep ourselves safe? To prevent another 9/11? Are we called upon to secure the population of the entire globe? Given the success we've had thus far in securing the population in Iraq and in Afghanistan, does this idea make any sense whatsoever?
Can anybody possibly believe that the United States of America, ... facing a federal budget deficit of $1.8 trillion ... has the resources necessary to conduct a global counterinsurgency campaign? Over what? The next 20, 50, 80 years? I think [there] is something so preposterous about such proposals. I just find it baffling that they are treated with seriousness by supposedly serious people.
So according to The Washington Post, dropping bombs on, controlling and occupying Afghanistan -- all while simultaneously ensuring "effective governance, economic development, education, the elimination of corruption, the protection of women's rights" to Afghan citizens in Afghanistan -- is an absolutely vital necessity that must be done no matter the cost. But providing basic services (such as health care) to American citizens, in the U.S., is a secondary priority at best, something totally unnecessary that should wait for a few years or a couple decades until we can afford it and until our various wars are finished, if that ever happens. "U.S. interests in South Asia" are paramount; U.S. interests in the welfare of those in American cities, suburbs and rural areas are an afterthought.
As demented as that sounds, isn't that exactly the priority scheme we've adopted as a country? We're a nation that couldn't even manage to get clean drinking water to our own citizens who were dying in the middle of New Orleans. We have tens of thousands of people dying every year because they lack basic health care coverage. The rich-poor gap continues to expand to third-world levels. And The Post claims that war and "nation-building" in Afghanistan are crucial while health care for Americans is not because "wars, unlike entitlement programs, eventually come to an end." Except, as Bacevich points out, that's false:
Post-Vietnam, the officer corps was committed to the proposition that wars should be infrequent, that they should be fought only for the most vital interests, and that they should be fought in a way that would produce a quick and decisive outcome.
What we have today in my judgment is just the inverse of that. War has become a permanent condition.
Beltway elites have health insurance and thus the costs and suffering for those who don't are abstract, distant and irrelevant. Identically, with very rare exception, they and their families don't fight the wars they cheer on -- and don't even pay for them -- and thus get to enjoy all the pulsating benefits without any costs whatsoever. Adam Smith, all the way back in 1776, in An Inquiry into the Nature And Causes of the Wealth of Nations, described this Beltway attitude exactly:
In great empires the people who live in the capital, and in the provinces remote from the scene of action, feel, many of them, scarce any inconveniency from the war; but enjoy, at their ease, the amusement of reading in the newspapers the exploits of their own fleets and armies . . .
Lounging around in the editorial offices in the capital of a rapidly decaying empire, urging that more Americans be sent into endless war paid for with endless debt, while yawning and lazily waving away with boredom the hordes outside dying for lack of health care coverage, is one of the most repugnant images one can imagine. It's exactly what Adam Smith denounced. And it's exactly what our political and media elite are.
This article, by Jeremy Scahill, was published by The Nation, October 22, 2009
On Wednesday, a federal judge rejected a series of arguments by lawyers for the mercenary firm formerly known as Blackwater seeking to dismiss five high-stakes war crimes cases brought by Iraqi victims against both the company and its owner, Erik Prince. At the same time, Judge T.S. Ellis III sent the Iraqis' lawyers back to the legal drawing board to amend and refile their cases, saying that the Iraqi plaintiffs need to provide more specific details on the alleged crimes before a final decision can be made on whether or not the lawsuits will proceed.
"We were very pleased with the ruling," says Susan Burke, the lead attorney for the Iraqis. Burke, who filed the lawsuits in cooperation with the Center for Constitutional Rights, is now preparing to re-file the suits. Blackwater's spokesperson Stacy DeLuke said, "We are confident that [the plaintiffs] will not be able to meet the high standard specified in Judge Ellis's opinion."
Ellis's ruling was not necessarily a response to faulty pleadings by the Iraqis' lawyers but rather appears to be the result of a Supreme Court decision that came down after the Blackwater cases were originally filed. In a 5-4 ruling in May 2009 in Ashcroft v. Iqbal, the court reversed decades of case law and imposed much more stringent standards for plaintiffs' documentation of facts before going to trial. According to Ellis's ruling, which cites Iqbal, the Iraqis must now file complaints that meet these new standards.
Judge Ellis, a Reagan appointee with a mixed record on national security issues, rejected several of the central arguments Blackwater made in its motion to dismiss, namely the company's contention that it cannot be sued by the Iraqis under US law and that the company should not be subjected to potential punitive damages in the cases. The Iraqi victims brought their suits under the Alien Tort Statute, which allows for litigation in US courts for violations of fundamental human rights committed overseas by individuals or corporations with a US presence. Ellis said that Blackwater's argument that it cannot be sued under the ATS is "unavailing," adding that corporations and individuals can both be held responsible for crimes and torts. He said bluntly that "claims alleging direct corporate liability for war crimes" are legitimate under the statute.
Ellis also rejected Blackwater's argument that "conduct constitutes a war crime only if it is perpetrated in furtherance of a 'military objective' rather than for economic or ideological reasons." Ellis said that under Blackwater's logic "it is arguable that nobody who receives a paycheck would ever be liable for war crimes. Moreover, so narrow is the scope of [Blackwater's] standard that it would exclude murders of civilians committed by soldiers where there was no legitimate 'military objective' for committing the murders."
"What is important here is that the judge is saying that violations of war crimes can be committed by private people or corporations," says Michael Ratner, president of the Center for Constitutional Rights. He said Ellis's ruling is "an affirmation of the precedent set by CCR thirty years ago" when it brought the first successful Alien Tort suit in 200 years "that those who engage in violations of fundamental human rights abroad can be held liable in the US." Ellis's ruling, he says, "is sympathetic to the idea that the Blackwater case is an appropriate use of the law."
But Ellis also ruled that the Iraqi plaintiffs failed to provide sufficient specific details linking Blackwater's owner Erik Prince to the alleged murders and other crimes in Iraq. In order for the case to proceed against Prince, Ellis wrote, "the complaints must state facts that would allow a trier of fact plausibly to infer that Prince intentionally killed or inflicted serious bodily harm on innocent civilians during an armed conflict and in the context of and in association with that armed conflict." The plaintiffs, Ellis ruled, "have failed to meet this burden."
In a hearing on August 28, Burke said that she has evidence that Prince ordered or directed the killings of innocent Iraqis and at that time asked Judge Ellis permission to later amend her cases if Ellis ruled that, in light of the Iqbal decision, such information was necessary for the cases to proceed. In his ruling, Ellis granted Burke's request in four of the five cases. In one case, involving the alleged murder of a bodyguard for the Iraqi vice president by a drunken Blackwater operative, Andrew Moonen, on Christmas Eve 2006 inside the Green Zone, Ellis found that there was insufficient evidence to suggest Prince "intentionally killed" the bodyguard or that his "conduct proximately caused the decedent's death."
In the four other cases, which include 18 Iraqi civilians allegedly killed by Blackwater, Ellis ruled that Burke could refile her claim with more details about Prince's alleged involvement and the role of the Blackwater corporation in the killings. Ellis found that the cases "could be amended to add factual allegations that would permit plausible inferences that Prince and Xe [Blackwater] defendants ordered killings of innocent Iraqi civilians...and that defendants' conduct proximately caused the injuries or deaths to plaintiffs."
Ellis rejected Burke's allegation that Blackwater engaged in summary executions, saying that under the law such classification of killings "require[s] state action, and none is alleged here." Blackwater also made an argument that the cases should have been tried in Iraq--or that the Iraqis' lawyers should have exhausted that possibility before filing their cases in US courts. Ellis shot down that argument and pointed out that Blackwater's own lawyers admitted that under the Paul Bremer-era Order 17 in Iraq, Blackwater would have immunity for its crimes under Iraqi law. Ellis also rejected Blackwater's claim that punitive damages are not allowed in these types of cases. As Ellis wrote, Blackwater's lawyers "offer no support" for this argument "in the case law or from recognized international treatises."
One of the central thrusts of the Iraqis' suits against Blackwater is that Erik Prince is the head of an organized crime syndicate as defined by the Racketeer Influenced and Corrupt Organizations Act. RICO is a federal statute permitting private parties to seek redress from criminal enterprises who damage their property. Burke and CCR decided to sue Prince and his companies directly rather than his individual employees because they say Prince "wholly owns and controls this enterprise." They allege that Prince directed murders of Iraqi civilians from Blackwater's headquarters in Virginia and North Carolina. Ellis dismissed the claims that the Iraqis have standing under the RICO Act, but ruled that they can file an amended complaint that "Prince ordered or directed the killings allegedly committed in Iraq from within the United States, and that such conduct proximately caused the damage allegedly suffered by the RICO plaintiffs." In one of the cases, Ellis ruled that the four-year statute of limitations had expired for a RICO claim.
On August 3, lawyers for the Iraqis submitted two sworn declarations from former Blackwater employees alleging that Prince may have murdered or facilitated the murder of individuals who were cooperating with federal authorities investigating the company. One former employee alleged that Prince "views himself as a Christian crusader tasked with eliminating Muslims and the Islamic faith from the globe," and that Prince's companies "encouraged and rewarded the destruction of Iraqi life." What role, if any, these allegations will play in the amended complaints is unclear, but Burke insists she has evidence to back up all of her allegations.
Burke's case is also bolstered by the evidence the US government will present in its criminal case against Blackwater forces. On September 7, federal prosecutors in Washington, DC, submitted papers in the criminal case against five Blackwater operatives for their alleged role in the 2007 Nisour Square shooting in Baghdad that killed seventeen Iraqi civilians and wounded more than twenty others. Burke is representing many of these families in her civil case. Blackwater forces "fired at innocent Iraqis not because they actually believed that they were in imminent danger of serious bodily injury and actually believed that they had no alternative to the use of deadly force, but rather that they fired at innocent Iraqi civilians because of their hostility toward Iraqis and their grave indifference to the harm that their actions would cause," the acting US Attorney in DC, Channing Phillips, alleges in court papers submitted by Kenneth C. Kohl, the lead prosecutor on this case. "[T]he defendants specifically intended to kill or seriously injure the Iraqi civilians that they fired upon at [Nisour] Square." The government also alleges that one Blackwater operative "wanted to kill as many Iraqis as he could as 'payback for 9/11,' and he repeatedly boasted about the number of Iraqis he had shot," while "several of the defendants had harbored a deep hostility toward Iraqi civilians which they demonstrated in words and deeds."
In its motion to dismiss, Blackwater also argued that to allow the company to be sued for alleged crimes in a war zone would violate the rights of the president of the United States under the "political question doctrine" to not have a "second-guessing of the battlefield decisions of the U.S. government." Ellis rejected that outright and noted: "The United States has appeared as an interested party and argues that if defendants committed the alleged conduct, they were not acting as employees of the United States when they did so. Moreover, the government states that its contracts with defendants 'provided for multiple layers of [Xe defendants'] management to oversee the day-to-day operations' of its employees and that the employees were under the direct supervision of Xe defendants' management when the alleged conduct occurred."
Judge Ellis's ruling only relates to the charges that Blackwater and Prince violated federal laws and not to the additional allegations that they also violated state laws. Even if Judge Ellis ultimately rejects all of the federal arguments made by Burke and CCR, which is a big if, the cases can still proceed under "common law," as has happened in other torture and war crimes cases. Ellis has not yet ruled on those charges
This open letter, from the National Lawyers Guild, was posted to the Atlantic Free Press, October 10, 2009
We, the undersigned, are writing to request that you hold firm against any attempts by former Vice President Dick Cheney, the CIA directors, and the media to silence those who demand that the United States hold accountable those who have committed and authorized torture.
We call on you to appoint a special independent prosecutor who is not part of the Department of Justice to investigate and prosecute all those who ordered, approved, justified, abetted or carried out the torture and abuse. The people who are held accountable should not be limited to low-level operatives.
We are particularly disturbed by the efforts of the reporters at the Washington Post to distort the facts and ignore the illegality of torture. They cited anonymous sources who allegedly said that torture works; these “reports” contradict the newly released report of the CIA’s Inspector General.
Cheney’s claim that your decision to open an investigation into the conduct of the CIA is a politicization of this issue is shameful. If anything, political pressure has led to your office taking too narrow an approach to the investigation.
The world community has expressed its revulsion at the use of torture in any form. Torture is illegal under all circumstances. The prohibition against torture is considered in international law on par with laws against genocide, slavery and wars of aggression. Under the Rome Statute for the International Criminal Court, it is a crime against humanity.
The United States is a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Geneva Conventions. Both treaties expressly require the United States to either extradite or initiate prosecution of persons who are reasonably accused – this is a legal obligation. The U.S. Torture Statute that Congress passed to fulfill our obligations under the CAT outlaws torture committed outside the United States. The U.S. War Crimes Act punishes torture as a grave breach of the Geneva Conventions. In 2006, the Supreme Court affirmed in Hamdan v. Rumsfeld that all prisoners in U.S. custody are protected by the Geneva Conventions.
There are many who claim we should ignore the facts and the law and refuse to hold accountable all those responsible for the use of torture. Whether actionable intelligence was gained is not the issue. Nor is the morale in the CIA.
We believe the oath of office you took requires that you not pick and choose those laws you will enforce.
National Lawyers Guild
Center for Constitutional Rights
U.S. Human Rights Network
American Association of Jurists
International Association of Democratic Lawyers
Psychologists for Social Responsibility
The Coalition for an Ethical Psychology
Torture Abolition and Survivors Support Coalition International
Lawyers Against the War (Canada)
Japanese Lawyers International Solidarity Association
National Association of Democratic Lawyers in South Africa
European Lawyers for Democracy and Human Rights
Haldane Society of Socialist Lawyers (England)
Progress Lawyers Network (Belgium)
National Union of Peoples’ Lawyers (Philippines)
Italian Association of Democratic Lawyers
Marjorie Cohn, President, National Lawyers Guild; Professor, Thomas Jefferson School of Law
Michael Ratner, President, Center for Constitutional Rights
Bill Quigley, Legal Director, Center for Constitutional Rights
Ajamu Baraka, Executive Director, US Human Rights Network
Jeanne Mirer, President, International Association of Democratic Lawyers
Roland Weyl, First Vice President, International Association of Democratic Lawyers
Micòl Savia, UN representative in Geneva, International Association of Democratic Lawyers
Vanessa Ramos, President, American Association of Jurists
Max Boqwana, General Secretary, National Association of Democratic Lawyers in South Africa
Mike Mansfield QC, President, Haldane Society of Socialist Lawyers
Liz Davies, barrister, UK, Chair, Haldane Society of Socialist Lawyers
Richard Harvey, Bureau member of International Association of Democratic Lawyers, Executive member, Haldane Society.
Bill Bowring, Professor of Law, University of London; President, European Lawyers for Democracy and Human Rights; International Secretary, Haldane Society
Sister Dianna Ortiz, U.S. Torture Survivor and founder of the Torture Abolition and Survivors Support Coalition International
Harold Nelson, Advocacy Coordinator, Torture Abolition and Survivors Support Coalition International
Gail Davidson, Chair, Lawyers Against the War
Osamu Niikura, President, Japanese Lawyers International Solidarity Association
Edre Olalia, Vice President, National Union of Peoples’ Lawyers
Neri Colmenares, Secretary General, National Union of Peoples’ Lawyers
Jan Fermon, representative, Progress Lawyers Network
Fabio Marcelli, Executive Committee and Speaker for International and European Affairs, Italian Association of Democratic Lawyers
George Hunsinger, Princeton Theological Seminary
Richard Falk, Albert G. Milbank Professor of International Law Emeritus, Princeton University
Dr. Thomas Ehrlich Reifer, University of San Diego; Associate Fellow, Transnational Institute
Jordan J. Paust, Mike and Teresa Baker Law Center Professor, University of Houston Law Center
Terry Karl, Gildred Professor of Political Science and Latin American Studies Department of Political Science, Stanford University
Marc Falkoff, Assistant Professor, Northern Illinois University College of Law
John W. Lango, Philosophy Professor, Hunter College of the City University of New York
Elizabeth M. Iglesias Professor of Law & Director, Center for Hispanic & Caribbean Legal Studies, University of Miami School of Law
Ray McGovern, Veteran Intelligence Professionals for Sanity (VIPS)
Michael Avery, Professor, Suffolk Law School
Michael E. Tigar, Professor of the Practice of Law, Duke Law School; Emeritus Professor, Washington College of Law
Andy Worthington, journalist and author of "The Guantanamo Files"
Michael Rooke-Ley, Professor of Law Emeritus, Nova Southeastern University
William J. Aceves, Professor, California Western School of Law
Phyllis Bennis, Fellow, Institute for Policy Studies
Noam Chomsky, Institute Professor, retired, Dept of Linguistics & Philosophy, MIT
Alfred W. McCoy, J.R.W. Smail Professor of History, University of Wisconsin-Madison
Susan Rutberg, Professor, Golden Gate University School of Law
John Ehrenberg, Professor and Chair of Political Science, Long Island University, Brooklyn, NY
Radhika Balakrishnan, Professor, Rutgers University
David Swanson, author of “Daybreak: Undoing the Imperial Presidency"
Kristina Borjesson, Member, Robert Jackson Steering Committee Institute for Victims of Trauma
This article, by Richard Norton-Taylor and Ian Cobain, was published by The Guardian, September 11, 2009
Fresh questions were raised tonight about the behaviour of British officials towards terror suspects by the disclosure that MI6 had referred one of its officers to the attorney general over allegations of complicity in torture.
The unprecedented move was disclosed in a letter from David Miliband, the foreign secretary, to his Conservative shadow, William Hague. He said MI6 had acted on its own initiative, "unprompted by any accusation against MI6 or the individual concerned".
The Metropolitan police specialist crime branch said Lady Scotland, the attorney general, had asked it to investigate "the conditions under which a non-Briton was held" and the "potential involvement of British personnel".
Officials were reluctant to say anything more about the case other than it was "unrelated" to that of Binyam Mohamed, a British resident who says he was tortured and ill-treated in Pakistan, Afghanistan, Morocco and Guantánamo Bay.
The police are separately investigating allegations of what the high court has called "possible criminal wrongdoing" by an MI5 officer involved in Mohamed's secret interrogation.
Miliband said the government could not comment further on the MI6 case "to avoid prejudice and to protect the individuals involved".
Officials told the Guardian that the circumstances surrounding the MI6 case had never been referred to in public. But Whitehall sources said they came to the notice of MI6 lawyers as concerns about the activities of both MI5 and MI6 were being raised by the high court, MPs, and the media. The court heard growing evidence of Britain's involvement in the interrogation of detainees and CIA flights transferring them to secret destinations .
There was speculation among human rights groups that MI6 was prompted to take action as a result of evidence that will emerge in the US inquiry into the CIA's interrogation of terror suspects.
Sir John Scarlett, the head of MI6, told the BBC last month that there no torture and "no complicity in torture" by the Secret Intelligence Service.
Miliband said in his letter, published yesterday on the Foreign Office website, that the government "wholeheartedly condemned torture". He added: "We will not condone it. Neither will we ever ask others to do it on our behalf. This is not mere rhetoric but a principled stance consistent with our unequivocal commitment to human rights. We are fortunate to have the best security and intelligence services and armed forces in the world."
Miliband was responding to a letter Hague wrote to Gordon Brown last month in light of a report by parliament's joint committee on human rights. The committee said the government could no longer get away with repeating standard denials of complicity by the security and intelligence agencies.
Hague asked the government to "clarify as a matter of urgency whether you intend to instruct the attorney general to consider ... allegations of UK complicity in the light of the joint committee report, which documents allegations of UK complicity in torture in respect of detainees held in Pakistan, Egypt, and Guantánamo Bay, and in the case of Uzbekistan, raises concerns about the receipt of information which may have been obtained through torture".
Hague said later: "It is very important that any such allegations are thoroughly investigated. Torture or complicity in torture is unacceptable, immoral and counter-productive".
Ed Davey, the Liberal Democrat foreign affairs spokesman, called for a full judicial inquiry into the British authorities' possible complicity in torture. "Given the gravity and number of allegations of UK complicity in torture, separate limited police investigations alone are inadequate," he said.
Tim Hancock, Amnesty International's UK campaigns director said: "If the UK authorities are serious about their responsibilities to combat torture, we need a full, impartial and independent investigation into all allegations that UK personnel have colluded with torturers."
Shami Chakrabarti, director of campaign group Liberty, said: "Criminal investigations into individual officers don't reveal what ministers knew or authorised … Only an independent judicial inquiry can get to the bottom of this rotten business."
According to Westminster's intelligence and security committee, by early 2005, MI5, MI6 and military intelligence officers took part in more than 100 such sessions in Afghanistan, and MI5 and MI6 officers had been involved in a similar number at Guantánamo Bay. There had been about 2,000 such interrogations in Iraq involving MI5, MI6, military intelligence and civilians.
This ... white paper, published August 31, 2009, after the new release of the May 2004 CIA Inspector General's report, shows that the extent to which American doctors and psychologists violated human rights and betrayed the ethical standards of their professions by designing, implementing, and legitimizing a worldwide torture program is worse than previously known.
A team of PHR doctors authored the white paper, which details how the CIA relied on medical expertise to rationalize and carry out abusive and unlawful interrogations. It also refers to aggregate collection of data on detainees’ reaction to interrogation methods. Physicians for Human Rights is concerned that this data collection and analysis may amount to human experimentation and calls for more investigation on this point. If confirmed, the development of a research protocol to assess and refine the use of the waterboard or other techniques would likely constitute a new, previously unknown category of ethical violations committed by CIA physicians and psychologists. (click here to read original report)
Introduction The version of the 2004 CIA Inspector General’s report released on August 24, 2009 provides greater detail on the central role that health professionals played in the CIA’s torture program and reveals a level of ethical misconduct that had not previously come to light.
The report confirms that the CIA inflicted torture on detainees interrogated while in US custody as part of the agency’s counterterrorism activities and exposes additional interrogation techniques that had not yet been reported. It also demonstrates that health professionals were involved at every stage in the development, implementation and legitimization of this torture program.
The doctors and psychologists who laid the foundation upon which attorneys rationalized an illegal program of torture also actively participated in abusive and illegal interrogations, thus betraying the ethical standards of their professions by contributing to physical and mental suffering and anguish. The very premise of health professional involvement in abusive interrogations — that they have a role in safeguarding detainees — is an unconscionable affront to the profession of medicine.
The Inspector General’s report also reveals that medical professionals were directed to meticulously monitor the waterboarding of detainees to try to improve the technique’s effectiveness, essentially using the detainees as human subjects, a practice that approaches unlawful experimentation.
Physicians for Human Rights (PHR) has prepared the following analysis of the Inspector General’s report, building on the 2007 report by PHR and Human Rights First (HRF), Leave No Marks, which assessed interrogation techniques reported up to that time, which have now been confirmed by the Inspector General’s report. This paper provides an introductory summary of techniques newly described in the Inspector General’s report and then offers a more detailed medical analysis of those techniques. The paper then reviews the various ways health professionals were complicit in enabling the torture regime. Summary of Newly Detailed Techniques
The Inspector General’s report describes several forms of abuse not previously reported that CIA interrogators and contractors implemented, and that from a medical and legal perspective constitute torture. These include:
Mock executions and threatening detainees by brandishing handguns and power drills;
Threatening the detainee with harm to his family members including sexual assault of female family members, and murder of detainee’s children; and
Physical abuse including the application of pressure to the arteries on the sides of a detainee’s neck resulting in near loss of consciousness, and tackling or hard takedowns.
These methods have significant harmful physical and mental health consequences.
The report provides new details about previously reported forms of abuse referred to as “enhanced interrogation techniques”. The harmful health consequences of these forms of torture and abuse have previously been described by PHR, including in the reports Break Them Down, Leave No Marks and Broken Laws, Broken Lives.” (1)
The Inspector General’s report clearly questions the efficacy, ethics and legality of these as well as the previously mentioned “enhanced interrogation techniques”. The report also confirms the theory of a “slippery slope” in interrogation settings, namely that torture by its very nature escalates in the severity and frequency of its use beyond the approved techniques.
Medical Analysis of the Interrogation Techniques Described in the Inspector General’s Report
The adverse physical and mental health effects of stripping (forced nudity), isolation, white noise or loud music, continuous light or darkness (sensory deprivation), temperature manipulation, stress positions, sleep deprivation, attention slap, abdominal slap, stress positions and waterboarding have been previously described in the Physicians for Human Rights and Human Rights First report Leave No Marks. The following medical analysis focuses on techniques not previously reviewed by PHR.
As with the techniques previously analyzed, it is important to understand two key points. First, while the techniques are evaluated individually, these techniques were designed to be used in combination in a way that enhanced pain and stress.
Second, to comprehend the severity of the effects of these techniques, it is essential to consider the context of their use. In terms of both long and short term psychological effect, there is no meaningful equivalence between waterboarding when used as part of survival training of service men who have volunteered and consented to the procedure and who know that they are in an environment where they trust the mock interrogator to protect their safety and may stop the procedure at any time, and waterboarding of a high value detainee in a black site where the detainee is in actual fear for his life and safety. As the Inspector General’s report indicates:
“One of the psychologist/interrogators acknowledged that the Agency’s use of the [waterboarding] technique differed from that used in SERE training and explained that the Agency’s technique is different because it is ‘for real’ and is more poignant and convincing.” (2)
Analysis of New Approved Techniques Revealed in Inspector General’s Report
The additional approved techniques listed in the Inspector General’s report and not previously analyzed by PHR include shaving, hooding, restricted diet, prolonged diapering, “walling” and confinement boxes.
As with the previously reviewed techniques, while these techniques can have harmful physical as well as mental health effects, their chief objective is to produce psychological impact, and their chief risk is prolonged mental pain and suffering. 1. Forced shaving
Forced shaving of the head and beard was alleged by two of the fourteen detainees interviewed by the ICRC for its 2007 report.
Mr. Ramzi Bin-al-Shib alleged that, in his eighth place of detention, first his head was shaved and then some days later his beard was also shaved off. He was particularly distressed by the fact that the people who shaved him allegedly deliberately left some spots and spaces in order to make him look and feel particularly undignified and abused. (3)
In 2007, PHR physicians examined a former US detainee, who reported:
“When they finished hitting me... they shaved my hair. The only hair I had was in the middle. This was only to humiliate me.” (4)
Medical Analysis: Forced shaving obviously carries little risk of physical harm, and is chiefly designed to inflict psychological harm by means of humiliation, both personal and religious. Forced shaving was part of a campaign to sever the sense of self derived from religious belief, and was often accompanied by forced removal of religious articles.
In addition to the violation of cultural and religious taboos, forced shaving constitutes an intrusion into the personal space and bodily integrity of the person, infringing on autonomy and self-control. The combined effects of this type of treatment in combination with other techniques have been associated with long-lasting psychological injury such as posttraumatic stress disorder, anxiety and depression. 2. Hooding
Detainees were blindfolded or hooded to instill in them a sense of fear, disorientation and dependency on their captors.
According to the February 2004 report of the International Committee of the Red Cross (ICRC) on treatment of detainees in Iraq:
Hooding [was] used to prevent people from seeing and to disorient them, and also to prevent them from breathing freely. One, or sometimes two bags, sometimes with an elastic blindfold over the eyes which, when slipped down, further impeded proper breathing. Hooding was sometimes used in conjunction with beatings thus increasing anxiety as to when blows would came. The practice of hooding also allowed the interrogators to remain anonymous and thus to act with impunity. Hooding could last for periods from a few hours to up to 2 to 4 consecutive days, during which hoods were lifted only for drinking, eating or going to the toilets.(5)
PHR reported in Broken Laws, Broken Lives that according to former detainees medically evaluated by PHR, hooding was used both during transportation and during interrogation.
Medical Analysis: When not used in transport, hooding is a form of sensory deprivation aimed at causing dislocation and confusion. Research shows that prolonged sensory deprivation can result in depression, depersonalization and psychosis. According to the ICRC report, hooding, and other observed sensory deprivation techniques resulted in
“signs of concentration difficulties, memory problems, verbal expression difficulties, incoherent speech, acute anxiety reactions, abnormal behavior and suicidal tendencies.”(6)
3. dietary Manipulation
Detainees were deprived of solid food for periods ranging from days to months. Mr. Abu Zubaydah alleged that for a period of two to three weeks during his initial period of interrogation, he was kept sitting on a chair constantly and only provided with liquid Ensure (a nutrient formula) and water. Mr. Binal-Shib reported that he went three to four weeks without solid food, and was only provided with Ensure and water. In addition, six other high-value detainees reported being deprived of solid food for periods ranging from days to weeks. (7) Medical Analysis: While physical risks of a liquid diet are minimal as long as appropriate calories and nutrients are provided, the intent of dietary manipulation is to inflict psychological distress by infringing on the detainee’s sense of autonomy and self control and increasing discomfort and a sense of helplessness and dependency. While the risk of death or debilitation may be minimal, the effects on concentration and mood may be substantial. 4. Prolonged diapering
Detainees were placed in diapers and denied access to a toilet for prolonged periods of time. According to the ICRC Report, high value detainees in CIA custody were placed in diapers for prolonged periods for transport.
The detainee would be made to wear a diaper and dressed in a tracksuit... The journey times obviously varied considerably and ranged from one hour to over twenty-four to thirty hours. The detainee was not allowed to go to the toilet and if necessary was obliged to urinate or defecate in the diaper.(8)
he ICRC report states that one of the detainees, Mr. Bin Attash, was compelled to wear a diaper for a prolonged period:
[H]e commented that on several occasions the diaper was not replaced so he had to urinate and defecate on himself while shackled in the prolonged stress standing position. Indeed, in addition to Mr. Bin Attash, three other detainees specified that they had to defecate and urinate on themselves and remain standing in their own body fluids.(9)
Medical Analysis: Prolonged diapering especially when combined with leaving the subject in a diaper soiled with urine and feces can result in both physical and psychological harm. Prolonged exposure of the skin can result in skin infection, skin breakdown and ulceration and urinary tract infections. In addition, the placement of a normally continent adult in a diaper will likely lead to efforts by the adult to resist urination or defecation, which in turn will likely result in bowel cramping and bladder spasm.
Access to toilet is a universally recognized minimum standard for prisoners and detainees. In spite of the physical risks, the chief aim of this technique is to cause psychological stress through humiliation, induced dependency, loss of autonomy, and regression to an infantile state.(10) Like all such techniques, especially when combined with others of the ‘DDD’ type (debility-dependency-dread), these are cumulative and lead to short and long-term debilitation. At Guantánamo, the standard operating procedures included requiring the detainee to ask the interrogator for toilet paper, food, and religious articles. Here, the torturers go even further, returning the detainee to pre-toilet-training levels. When combined with a liquid diet, the experiences of regression, humiliation, and dependency are magnified. 5. Walling
Six of the fourteen high-value detainees interviewed by the ICRC reported being placed in a neck collar or roll and then slammed against a wall. According to the CIA guidelines, slamming against a wall could be used twenty or thirty times consecutively.
During the walling technique, the detainee is pulled forward and then quickly and firmly pushed into a flexible false wall so that his shoulder blades hit the wall. His head and neck are supported with a rolled towel to prevent whiplash. (11)
Although the guidelines require that the wall be a specially constructed flexible one, some detainees alleged that they were also slammed against concrete wall using the collar during transport.(12)
Mr. Bin Attash alleged that during interrogation in Afghanistan:
“on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room.” (13)
Medical Analysis: Walling results in blunt trauma and acceleration/deceleration type injuries. Blunt trauma can result in bruises and bleeding from ruptured blood vessels. Studies have observed persistence of musculoskeletal pain cause by blunt trauma even a decade after the trauma has occurred. In rare cases, repeated beating can cause damage to muscle tissue and muscle breakdown resulting in release of muscle enzymes resulting in a life-threatening condition called rhabdomyolisis. In addition, walling can expose the subject to risk of whiplash type injury to the neck and spine. (14)
Psychological stress, which is the primary aim of the procedure, is achieved by use of surprise, generating a startle response, an experience of shock, loss of control and helplessness. Also, rage is engendered which turns to further humiliation, insofar as the detainee cannot fight back. 6. Confinement in a Box
Confinement in a box is a rather extreme version of a stress position with the added potential for claustrophobia.
According to the ICRC report, Abu Zubaydah alleged that in Afghanistan in 2002 he was held in boxes designed to constrain his movement. Mr. Zubaydah stated:
“As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant that my wounds both in the leg and the stomach became very painful.” (15)
He went on to say that a cover was placed over the boxes while he was inside making it hot and difficult to breathe. Medical Analysis: Confinement in a box is an extreme example of stress positions, with the added effect of decreased access to fresh air, temperature changes, light deprivation and isolation. Stress positions have been associated with permanent joint and ligamentous injury, and both acute and prolonged musculoskeletal pain. In addition, use of stress positions following blunt trauma carries the risk of deep vein thrombosis (clotting) and associated and potentially fatal pulmonary emboli. This is not a theoretical risk, as at least two detainees in US Custody in Afghanistan died of pulmonary emboli due to use of stress positions in interrogation settings.(16)
Confinement in a box was devised as a direct appropriation of Martin Seligman’s research on “learned helplessness.” In fact, on at least two occasions, Seligman presented his learned helplessness research to CIA contract interrogators referred to in the Inspector General’s report. In Seligman’s experiment, dogs were confined to boxes in which they discovered that familiar mechanisms of control would no longer have an effect in avoiding pain.
Like their canine counterparts, humans subjected to similar confinement develop psychomotor and cognitive responses that would be clinically diagnosed as depression and, in certain cases, PTSD. Such symptoms include apathy, helplessness, hopelessness, foreshortened sense of future, and a (in this case justified) lack of belief in their ability to affect their future prospects. In Seligman’s experiments, these symptoms were severe and lasting, in that a change to an environment where the dogs could have an effect did not change the symptoms of learned helplessness. (From the DoD’s Joint Personnel Recovery Agency (JPRA) and SERE (Survival, Evasion, Resistance and Escape) Programs.) Unapproved and Improvised Techniques
The Inspector General’s Report contains numerous accounts of interrogation techniques that were not approved for use, including threats with a gun and power drill, threats of harm to loved ones, and choking and carotid artery pressure.
Threats of harm to the detainee or loved ones are reviewed in Leave No Marks. The risks of choking and carotid artery pressure should be self-evident. They include risk of choking death and stroke, as well as high risk of psychological trauma from a near-death experience. Near-death experiences are highly correlated with the risk of developing post traumatic stress disorder. Role of Health Professionals in Torture
Health professionals played central roles in developing, implementing and providing justification for torture.
Health professionals in the Office of Medical Services and psychologist contractors (17) engaged in designing and monitoring harmful interrogation techniques.(18) Such medical participation in torture is a clear violation of medical ethics. Furthermore, health professionals were complicit in selecting and then rationalizing these abusive methods whose safety and efficacy in eliciting accurate information have no valid basis in science. The severe physical and psychological pain and enduring harms associated with these techniques make it evident that they constitute torture and ill treatment. Monitoring of interrogation techniques by medical professionals to determine their effectiveness uses detainees as human subjects without their consent, and thus also approaches unlawful experimentation.(19)
According to CIA guidelines, health professionals including a psychologist and doctor were required to be present during the use of enhanced interrogation techniques.(20) The required presence of health professionals did not make these methods safer, and in fact only served to sanitize their use and enable the abuse to escalate, thereby placing health professionals in the untenable position of calibrating harm rather than serving as protectors and healers as required by their ethical oath.
The report also documents the role of health professionals in participating in initial psychological and physical assessments of detainees in an intake process closely linked to the process of interrogation. By requirement, all interrogations were monitored in real-time by health professionals. Previous reports, including the ICRC report, document allegations that a medical device called a pulse oximeter (a device to measure oxygen saturation in a subject’s blood) was placed on the finger of a detainee to monitor the effectiveness of his respiration during waterboarding.(21) In this way, medical professionals were used to calibrate physical and mental pain and suffering.
Not only were health professionals involved in designing and monitoring the CIA interrogation program, they also played an indirect but essential role in the legal justifications for the program prepared by the Office of Legal Counsel (OLC). The OLC was asked by the CIA whether certain techniques constituted torture under 18 USC §2340 by causing “severe physical or mental pain or suffering.” Since the OLC lawyers had no direct experience of the techniques, they necessarily relied instead on the judgment of health professionals. Yet, in a striking example of bootstrapping, they turned for advice about the pain caused by the techniques to the very health professionals who were implementing them. (22)
In essence, the lawyers were asked if the techniques constituted torture and they replied to the CIA that they only did so if the CIA Office of Medical Services (OMS) informed them that the techniques reached the defined standard of pain. The OMS health professionals obligingly passed on through CIA channels their opinion that the pain was not in fact severe
In an egregious example of this circular process, one OLC memo concludes that waterboarding is not torture because “however frightening the experience may be, OMS personnel have informed us that the waterboard technique is not physically painful.” Scores of similar references to OMS medical judgments about pain and the safeguarding effects of medical monitoring appear throughout the memos. Although OMS did express some concern about some techniques, those objections were limited. Without the cooperation of health professionals in making these assessments, the OLC memos could not have reached the conclusions they did and could not have so easily justified torture.
The intent of the CIA interrogation program was to cause severe psychological distress.(23) Despite citation of unnamed experts who reportedly concluded that these techniques were unlikely to cause significant harm, the notion that these abusive techniques can be used safely has no basis in medical science and is not supported by an extensive peer-reviewed literature.(24) From a medical, scientific and common sense perspective the idea that such abusive and inhumane techniques can be safely deployed is unsupportable. The techniques authorized and deployed have long been documented to cause significant and long lasting psychological pain and suffering including posttraumatic stress disorder, anxiety and major depression.(25) In fact, a recent study demonstrates that abusive techniques employed during captivity which emphasized psychological torture over physical injury, such as psychological manipulation, forms of deprivation, humiliation and stress positions, cause as much mental pain and traumatic stress as does torture designed to inflict physical injury. (26)
The use of these abusive methods violates international human rights standards. The likely illegality of the program was known to the agency and debated within the agency. Those advocating for the use of abusive techniques such as waterboarding should have known that the US had prosecuted these same techniques as torture. Health professionals who were involved in its justification, design and implementation should have known that professional ethics prohibit health professionals from complicity in such harmful acts against prisoners or detainees. It is precisely to avoid such complicity that health professionals have recourse to professional codes of ethics, as well as international standards of medical conduct. Familiarity with these codes – not to mention basic human decency – should preclude such conduct, making clear to health professionals and government institutions both its essentially unethical nature and illegal status under international law.
Not only should interrogators be subject to an investigation of alleged criminal conduct. Health professionals who were involved in this program should be the subject to independent investigation for both criminal and unprofessional conduct. Professionals who have violated professional ethics or the law must be held accountable through criminal prosecution, loss of license and professional society membership, where appropriate. Conclusion
The newly released version of the May 2004 CIA Inspector General’s report on Counterterrorism Detention and Interrogation Activities reveals the use of a number of previously undescribed techniques including:
Confinement in a box
These techniques used alone or in combination may meet the definition of torture under US and international law. Legality aside, they are associated with high risk of physical and psychological harm, including harm that is enduring, in those subjected to these techniques. They also represent clear violations of well-established medical ethics governing the behavior of health professionals.
The report also confirms use of previously reported techniques, covered in the PHR and Human Rights First report Leave No Marks, such as isolation, forced nudity, stress positions, temperature manipulation, waterboarding, and other techniques which were used in ways that violated the torture statute and international law.
The Inspector General’s report confirms much of what had been reported about the essential role played by health professionals in designing, deploying, monitoring and legitimizing the program of torture, but also raises disturbing new questions which require further investigation. The possibility that health professionals monitored techniques to assess and improve their effectiveness, constituting possible unethical human experimentation, urgently needs to be thoroughly investigated.
PHR has long called for full investigation and remedies including accountability for war crimes, and reparation such as compensation, medical care and psycho-social services. PHR also calls for health professionals who have violated ethical standards or the law to be held accountable through criminal prosecution, loss of license and loss of professional society membership where appropriate.
1)Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact. 2008. Available at: http://brokenlives.info/?page_id=69 ; Break Them Down: Systematic Use of Psychological Torture by US Forces. 2005. Available at: http://physiciansforhumanrights.org/library/report-2005may.html ; Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality 2007. Available at: http://physiciansforhumanrights.org/library/ report-2007-08-02.html. 2) Inspector General’s report p. 37
3) ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody. International Committee of the Red Cross. February 2007. Available at http://www.nybooks.com/icrc-report.pdf.
4. Broken Laws, Broken Lives: Medical Evidence of Torture by US Personnel and Its Impact. 2008. Available at: http://brokenlives.info/?page_id=69. The former detainee’s history was deemed credible by examining physicians. He suffers from symptoms consistent with posttraumatic stress disorder.
5. ICRC Report.
6. ICRC Report.
7. ICRC Report.
8. ICRC Report.
9. ICRC Report.
10. “The purpose of all coercive techniques is to induce psychological regression in the subject by bringing a superior outside force to bear on his will to resist. Regression is basically a loss of autonomy, a reversion to an earlier behavioral level. As the subject regresses, his learned personality traits fall away in reverse chronological order...” (Human Resource Exploitation Manual, CIA, 1983)
11. CIA guidelines as reproduced in Inspector General’s report, p. 15
12. ICRC Report.
13. ICRC Report.
14. Leave No Marks
15. ICRC Report.
16. Allen S. Rich J. Bux R. Farbenblum B. Berns M. Rubenstein L. Deaths of Detainees in the Custody of US Forces in Iraq and Afghanistan from 2002 to 2005. Medscape General Medicine: 2006;8(4):46.
17. From the DoD’s Joint Personnel Recovery Agency (JPRA) and SERE (Survival, Evasion, Resistance and Escape) Programs.
18. “Several months earlier, in late 2001, CIA had tasked an independent contractor psychologist, who had [redacted] experience in the US Air Forces’ Survival, Evasion, resistance, and Escape (SERE) training program, to research and write a paper on Al-Qa’ida’s resistance to interrogation techniques. This psychologist collaborated with a Department of Defense (DoD) psychologist who had [redacted] SERE experience in the US Air Force and DoD to produce the paper “Recognizing and Developing Countermeasures to Al-Qa’ida’s Resistance to Interrogation Techniques: A Resistance Training Perspective.” Subsequently, the two psychologists developed a list of new and more aggressive EIT’s [enhanced interrogation techniques] that they recommended for use in interrogations.” Inspector General’s Report p. 13. “CIA’s OTS obtained data on the use of the proposed EIT’s and their potential long-term psychological effects on detainees. OTS input was based in part on information solicited from a number of psychologist and knowledgeable academics in the area of psychopathology” and “OTS also solicited input from DoD/Joint Personnel Recovery Agency (JPRA) regarding techniques used in SERE training and any subsequent psychological effects on students.” Inspector General’s Report p. 14.
19. The Office of Medical Services guidelines for waterboarding state “A rigid guide to the medically approved use of the waterboard is not possible, as safety will depend on how the water is applied and the specific response each time it is used. The following general guidelines are based on very limited knowledge, drawn from very few subjects whose experience and response was quite varied.” They add “NOTE: In order to best inform future medical judgments and recommendations, it is important that every application of the waterboard be thoroughly documented: how long each application (and the entire procedure) lasted, how much water was applied, if a seal was achieved, if the naso- or oropharynx was filled, what sort of volume was expelled, how long was the break between applications, and how the subject looked between each treatment.”
20. “In 2004, when Daniel B. Levin, then the acting assistant attorney general in the counsel’s office, sent a letter to the CIA reauthorizing waterboarding, he dictated the terms: “no more than two sessions of two hours each, per day, with both a doctor and a psychologist in attendance.” Report Shows Tight CIA Control on Interrogations. Mark Mazzetti and Scott Shane. New York Times, August 26, 2009. Available at: http://www.nytimes.com/2009/08/26/ us/26prison.html?_r=1&hpw
21. ICRC report. Note that the use of a pulse oximeter, and the requirement that an emergency tracheostomy kit be kept ready is even more evidence that the procedure is intentionally harmful, risky and potentially lethal.
22. In certain cases the very same JPRA psychologists who designed the torture and implemented the techniques, and, who, as private contractors, profited from the operation, also provided the research that justified the techniques: “You have informed us that your on-site psychologists, who have extensive experience with the use of the waterboard in Navy training, have not encountered any significant long-term mental health consequences from its use. Your on-site psychologists have also indicated that JPRA has likewise not reported any significant mental health consequences from the use of the waterboard.”
23. CIA Inspector General’s Report. Appendix F. “Captured terrorists turned over to the CIA for interrogation may be subjected to a wide range of legally sanctioned techniques, all of which are also used on US military personnel in SERE training programs. These are designed to psychologically ‘dislocate’ the detainee, maximize his feelings of vulnerability and helplessness, and reduce or eliminate his will to resist our efforts to obtain critical intelligence.” In addition, the sanction techniques include so-called “Standard measures” or those deemed to be without physical or substantial psychological pressure and so-called “Enhanced measures,” or those deemed to cause physical or psychological pressure beyond “Standard measures.” (p. 1). “In all instances, the goal of these techniques is psychological impact...” and are “designed to induce shock, surprise and/or humiliation.” (p. 2).
24. See Leave No Marks and Broken Laws, Broken Lives. Although these reports were published in 2007 and 2008 respectively, they summarized scientific literature that was well established in 2001. In a bizarre justification for the safety of the techniques, the OLC report states, “You have also reviewed the relevant literature and found no empirical data on the effect of these techniques with the exception of sleep-deprivation.” OLC August 1, 2002, p. 6. Yet, there is a large body of research on the effects of these and similar techniques, much of it supported by the CIA. See for example The Search for the Manchurian Candidate (c) 1979 by John Marks. Published by Times Books.
25. PHR and HRF previously reported on the harmful effects of many of these techniques in their report Leave No Marks: Enhanced Interrogation and the Risk of Criminality.
26. BasogluM.etal.Torturevs.OtherCruel,InhumanorDegradingTreatment: Is the Distinction Real or Apparent? Archives Gen. Psychiatry 277 (2007).
This article, by Peter Bergen, was posted to Foriegn Policy, August 28, 2009
Since he left office, former U.S. Vice President Dick Cheney has been waging a lonesome jihad to defend the practices of the Bush administration during the "war on terror," saying in an emblematic interview in February: "If it hadn't been for what we did -- with respect to the terrorist surveillance program, or enhanced interrogation techniques for high-value detainees, the Patriot Act, and so forth -- then we would have been attacked again. ... Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the U.S."
In a speech he gave three months later at the right-wing American Enterprise Institute (AEI) in Washington, Cheney said, "In top secret meetings about enhanced interrogations, I made my own beliefs clear. I was and remain a strong proponent of our enhanced interrogation program."
Cheney gave this speech at AEI the very same day that President Barack Obama, just a couple of miles away at the National Archives, was giving his own major speech on his administration's revamped detention and interrogation policies. Giving such a dueling policy speech was something of a first for a just-stepped-down vice president, a job that is generally supposed to entail a comfortably obscure retirement fly-fishing and attending rubber-chicken fundraisers.
But Cheney did not go gently into that vice presidential night. At AEI Cheney amped up his own sky-is-falling rhetoric, claiming that the coercive interrogations of al Qaeda detainees had "prevented the violent death of thousands, if not hundreds of thousands, of innocent people." Holy smokes!
Cheney's AEI speech was essentially a remix of the arguments that he had made in the run-up to the Iraq war: that if only ordinary American citizens had seen the top secret information he had access to, they would be even more alarmed than he was. And the Bush administration had only prudently taken every measure necessary to keep Americans safe.
Hiding behind a wall of classification has been a quintessential Cheney trope. But that wall just crumbled.
On Monday Cheney released a statement -- first reported through the reliably unchallenging conduit of The Weekly Standard's Stephen Hayes, who was also the amanuensis of Cheney's authorized biography -- in which the former vice president once again defended the Bush administration's record on the coercive interrogations of al Qaeda members, stating that CIA documents declassified earlier this week "clearly demonstrate that the individuals subjected to Enhanced Interrogation Techniques provided the bulk of intelligence we gained about al Qaeda. This intelligence saved lives and prevented terrorist attacks."
Those documents include two CIA assessments from 2004 and 2005 of the information derived from what the U.S. government terms its "high-value detainees." Cheney had pressed the agency to release those assessments because he said that they would substantiate his claims that coercive measures on al Qaeda prisoners had kept the United States safe.
So what do the newly released CIA documents show, in combination with the other records on the matter that are already in the public domain?
The first al Qaeda member to be subjected to "enhanced interrogation techniques" -- an Orwellian locution we can simplify to coercive interrogation -- was Abu Zubaydah, a Palestinian al Qaeda logistician in his early 30s at the time. Abu Zubaydah was captured in March 2002 in a shootout in Faisalabad, Pakistan, in which he was shot three times and critically wounded. So grave was his condition that the CIA arranged for a leading surgeon from the Johns Hopkins medical center in Baltimore to fly to Pakistan to save his life.
Abu Zubaydah was the subject of intense interest from U.S. officials as they believed he was the first al Qaeda insider whom they could interrogate who might know what form the next terrorist attack could take. And so Abu Zubaydah was the first prisoner to be placed in a secret overseas CIA prison, this one located in Thailand.
There Abu Zubaydah was interrogated by Ali Soufan, one of the FBI's few Arabic-speaking agents. Abu Zubaydah described Khalid Sheikh Mohammed, al Qaeda's operational commander, as the mastermind of the September 11 terrorist attacks, and he confirmed that Mohammed's alias was "Mukhtar," an important clue in helping to track him down.
Abu Zubaydah's confirmation of Mohammed's role in the attacks on New York and Washington was arguably the single-most important piece of information uncovered about al Qaeda after 9/11, and it was discovered during the course of a standard interrogation without recourse to any form of coercion. Soufan told Newsweek, "We were able to get the information about Khalid Sheikh Mohammed in a couple of days."
Abu Zubaydah also described an al Qaeda wannabe whose physical description jibed with that of Jose Padilla, an American small-time hood who would be arrested at Chicago's O'Hare International Airport in May 2002 and who was supposedly planning to detonate a radiological "dirty bomb" in the United States. Again, the information about Padilla was provided by Abu Zubaydah without coercive measures being applied.
Later, over Soufan's vociferous objections, a CIA contractor stepped in to take over Abu Zubaydah's interrogations. The FBI's standard, noncoercive techniques were jettisoned, and Abu Zubaydah was stripped naked, deprived of sleep, subjected to loud noise and wide variations in temperature, and later waterboarded 83 times, a form of simulated drowning generally considered torture.
In the end, the multiple waterboardings of Abu Zubaydah provided no specific leads on any plots, according to the just-released CIA documents, though clearly his role as an al Qaeda logistician gave him insights into the organization and its personnel that were useful to the agency. There is no reason, however, to think that any of those insights could not have been garnered by standard interrogation techniques.
Following his March 2003 arrest in Pakistan, al Qaeda's chief of operations, Khalid Sheikh Mohammed (KSM), was also subjected to intensive coercive measures. KSM was taken to a secret CIA prison in northern Poland where he initially proved resistant to interrogation. In the words of the 2004 CIA inspector general's report on detainees that was also released this week, "Khalid Shaykh Muhammad, an accomplished resistor, provided only a few intelligence reports prior to the use of the waterboard, and analysis of that information revealed that much of it was outdated, inaccurate, or incomplete."
Following his defiance, KSM was subjected to a number of coercive interrogation techniques including being waterboarded 183 times and being told that his children -- who were then being held in American and Pakistani custody -- would be killed. KSM then provided a wealth of information about al Qaeda's inner workings as well as details about past and future plots, much of which was detailed in the footnotes of the 9/11 Commission Report.
One such plot KSM offered up was a plan to attack London's Heathrow Airport in 2003 using hijacked commercial jets. But, as Peter Clarke, Britain's chief counterterrorism official at the time says, "It wasn't at an advanced stage in the sense that there were people here in the U.K. doing it. If they had been, I'd have arrested them." The "Heathrow plot" was, in other words, just talk.
The 2004 CIA report, titled "Khalid Shaykh Muhammad: Preeminent Source On Al-Qa'ida," stated that "reporting from KSM has greatly advanced our understanding of al-Qa'ida's anthrax program," in particular about the role of a Malaysian scientist named Yazid Sufaat who was recruited by al Qaeda to research biological weapons. Sufaat, a biochemistry graduate of California State University, Sacramento, set up Green Laboratory Medicine Company for al Qaeda in southern Afghanistan in 2001 as a front company through which it was hoped that the terrorist group would acquire anthrax and other biological agents that could be used as weapons.
But what the CIA did not say in its 2004 report is that Sufaat was never able to buy or produce the right strain of anthrax suitable for a weapon. And so though KSM might have helped the CIA understand something of al Qaeda's anthrax program, either he had little understanding of the science of biological weapons, and/or agency officials who wrote the report were also similarly handicapped. In fact, al Qaeda's anthrax program was a big dud that never produced anything remotely threatening, a point that the CIA report is silent on.
An important piece of information that KSM did divulge, according to the 2004 CIA assessment, was "the crucial first link in the chain that led us to the capture" of a man named Hambali, whose real name is Riduan Isamuddin and who was the interface between al Qaeda and its Southeast Asian affiliate, Jemaah Islamiyah. Hambali was the mastermind of the October 2002 bombings of two nightclubs in Bali, Indonesia, that killed about 200, many of them Western tourists. According to the CIA, Hambali's capture also led to the arrest of "more than a dozen Southeast Asian operatives slated for attacks against the US homeland."
A 2005 top secret memo by the Justice Department's Office of Legal Counsel that was released by the Obama administration in April points out that KSM only gave up his plans for a "Second Wave" of attacks on the United States after he had been subjected to "enhanced techniques," i.e. waterboarding and the like.
But did KSM's coerced interrogations really lead to any substantive plots against the American homeland being averted? The short answer is no
A document that the U.S. government released back in 2006 around the same time that KSM was transferred out of his secret CIA prison to the prison camp at Guantánamo Bay, Cuba, offered details on the plots he had hatched against the United States:
KSM launched several plots targeting the US Homeland, including a plot in late 2001 to have ... suicide operatives hijack a plane over the Pacific and crash it into a skyscraper on the US West Coast; a plan in early 2002 to send al-Qa'ida operatives to conduct attacks in the U.S.; and a plot in early 2003 to employ a network of Pakistanis ... to smuggle explosives into New York and to target gas stations, railroad tracks, and a bridge in New York.
The newly released CIA documents merely rehash the range of anti-American plots cooked up by KSM that the government had already made public three years ago. And though this second wave of attacks all sounded very frightening, there is no indication that these plots, like the plan to attack Heathrow, were ever more than just talk.
The chances of success, for instance, of al Qaeda's plan to attack the skyscraper on the West Coast -- since identified as Los Angeles' 73-story Library Tower, now known as the U.S. Bank Tower -- were described by KSM in one court document to be "dismal." KSM also explained in the same document that the second wave of al Qaeda attacks on the United States was put on the "back burner" after 9/11.
The CIA inspector general's report on al Qaeda detainees also concluded that based on a review of KSM's plots aimed at the United States, it "did not uncover any evidence that these plots were imminent," but it did find that KSM "provided information that helped lead to the arrests of terrorists including Sayfullah Paracha and his son Uzair Paracha, businessmen who Khalid Shaykh Muhammad planned to use to smuggle explosives into the United States; Saleh Almari, a sleeper operative in New York; and Majid Khan, an operative who could enter the United States easily and was tasked to research attacks [redacted]. Khalid Shaykh Muhammad's information also led to the investigation and prosecution of Iyman Faris, the truck driver arrested in early 2003 in Ohio."
The man identified by the CIA inspector general as "Saleh Almari, a sleeper operative in New York" who KSM supposedly gave up to his interrogator appears, in fact, to be Ali Saleh Kahlah al-Marri, who was arrested on Dec. 12, 2001, in Peoria, Ill., a year and a half before KSM was captured.
The Parachas are a father-and-son team; the former, arrested in Thailand in the summer of 2003, is being held at Guantánamo and has yet to face trial, while his son was convicted in 2005 of providing "material support" to al Qaeda.
Majid Khan was arrested in Pakistan only four days after KSM was captured, suggesting that this lead came not from interrogations but from KSM's computers and cell phones that were picked up when he was captured.
Of the terrorists, alleged and otherwise, cited by the CIA inspector general as being fingered by KSM during his coercive interrogations, only Ohio truck driver Iyman Faris was an actual al Qaeda foot soldier living in the United States who had serious intention to wreak havoc. However, he was not much of a competent terrorist: In 2002 he researched the feasibility of bringing down the Brooklyn Bridge by using a blowtorch, an enterprise akin to demolishing the Empire State Building with a firecracker.
If that was the most threatening plot the United States could discover by waterboarding the most senior al Qaeda member in U.S. custody, it was thin stuff indeed. And when English journalist David Rose asked FBI Director Robert Mueller last year whether he was aware of any attacks on the United States that had been disrupted thanks to intelligence obtained through "enhanced techniques," Mueller replied: "I don't believe that has been the case."
The CIA inspector general also arrived at a similar conclusion when he judged that "it is difficult to determine conclusively whether interrogations have provided information critical to interdicting specific imminent attacks," which was the supposed standard necessary for the imposition of coercive measures on the al Qaeda prisoners in the first place.
Historians will likely judge that the putative intelligence gains made by abusive interrogation techniques were easily outweighed by the damage they caused to the United States' moral standing. That is certainly the view of Adm. Dennis Blair, the director of national intelligence, who said in an April 2009 statement, "These techniques have hurt our image around the world. ... The damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security." Quite.
This article by Devlin Barrett andf Pamela Hess, was posted to Yahoo News, August 24, 2009
WASHINGTON – The Obama administration launched a criminal investigation Monday into harsh questioning of detainees during President George W. Bush's war on terrorism, revealing CIA interrogators' threats to kill one suspect's children and to force another to watch his mother sexually assaulted.
At the same time, President Barack Obama ordered changes in future interrogations, bringing in other agencies besides the CIA under the direction of the FBI and supervised by his own national security adviser. The administration pledged questioning would be controlled by the Army Field Manual, with strict rules on tactics, and said the White House would keep its hands off the professional investigators doing the work.
Despite the announcement of the criminal probe, several Obama spokesmen declared anew — as the president has repeatedly — that on the subject of detainee interrogation he "wants to look forward, not back" at Bush tactics. They took pains to say decisions on any prosecutions would be up to Attorney General Eric Holder, not the White House.
Monday's five-year-old report by the CIA's inspector general, newly declassified and released under a federal court's orders, described severe tactics used by interrogators on terror suspects after the Sept. 11, 2001, attacks. Seeking information about possible further attacks, interrogators threatened one detainee with a gun and a power drill and tried to frighten another with a mock execution of another prisoner.
Attorney General Holder said he had chosen a veteran prosecutor to determine whether any CIA officers or contractors should face criminal charges for crossing the line on rough but permissible tactics.
Former CIA Director Michael Hayden, appointed by President Bush in 2006, expressed dismay by the prospect of prosecutions for CIA officers. He noted that career prosecutors have already reviewed and declined to prosecute the alleged abuses.
Obama has said interrogators would not face charges if they followed legal guidelines, but the report by the CIA's inspector general said they went too far — even beyond what was authorized under Justice Department legal memos that have since been withdrawn and discredited. The report also suggested some questioners knew they were crossing a line.
"Ten years from now we're going to be sorry we're doing this (but) it has to be done," one unidentified CIA officer was quoted as saying, predicting the questioners would someday have to appear in court to answer for such tactics.
The report concluded the CIA used "unauthorized, improvised, inhumane" practices in questioning "high-value" terror suspects.
Monday's documents represent the largest single release of information about the Bush administration's once-secret system of capturing terrorism suspects and interrogating them in overseas prisons.
White House officials said they plan to continue the controversial practice of rendition of suspects to foreign countries, though they said that in future cases they would more carefully check to make sure such suspects are not tortured.
In one instance cited in the new documents, Abd al-Nashiri, the man accused of being behind the 2000 USS Cole bombing, was hooded, handcuffed and threatened with an unloaded gun and a power drill. The unidentified interrogator also threatened al-Nashiri's mother and family, implying they would be sexually abused in front of him, according to the report.
The interrogator denied making a direct threat.
Another interrogator told alleged Sept. 11 mastermind Khalid Sheikh Mohammed, "if anything else happens in the United States, 'We're going to kill your children,'" one veteran officer said in the report.
Death threats violate anti-torture laws.
In another instance, an interrogator pinched the carotid artery of a detainee until he started to pass out, then shook him awake. He did this three times. The interrogator, a CIA debriefer accustomed to questioning willing subjects, said he had only recently been trained to conduct interrogations.
Top Republican senators said they were troubled by the decision to begin a new investigation, which they said could weaken U.S. intelligence efforts. Sen. Patrick Leahy, the Democratic chairman of the Judiciary Committee, said the revelations showed the Bush administration went down a "dark road of excusing torture."
Investigators credited the detention-and-interrogation program for developing intelligence that prevented multiple attacks against Americans. One CIA operative interviewed for the report said the program thwarted al-Qaida plots to attack the U.S. Embassy in Pakistan, derail trains, blow up gas stations and cut the suspension line of a bridge.
"In this regard, there is no doubt that the program has been effective," investigators wrote, backing an argument by former Vice President Dick Cheney and others that the program saved lives.
But the inspector general said it was unclear whether so-called "enhanced interrogation" tactics contributed to that success. Those tactics include waterboarding, a simulated drowning technique that the Obama administration says is torture. Measuring the success of such interrogation is "a more subjective process and not without some concern," the report said.
The report describes at least one mock execution, which would also violate U.S. anti-torture laws. To terrify one detainee, interrogators pretended to execute the prisoner in a nearby room. A senior officer said it was a transparent ruse that yielded no benefit.
As the report was released, Attorney General Holder appointed prosecutor John Durham to open a preliminary investigation into the claims of abuse. Durham is already investigating the destruction of CIA interrogation videos and now will examine whether CIA officers or contractors broke laws in the handling of suspects.
The administration also announced Monday that all U.S. interrogators will follow the rules for detainees laid out by the Army Field Manual. The manual, last updated in September 2006, prohibits forcing detainees to be naked, threatening them with military dogs, exposing them to extreme heat or cold, conducting mock executions, depriving them of food, water, or medical care, and waterboarding.
Formation of the new interrogation unit for "high-value" detainees does not mean the CIA is out of the business of questioning terror suspects, deputy White House press secretary Bill Burton told reporters covering the vacationing president on Martha's Vineyard in Massachusetts.
Burton said the unit will include "all these different elements under one group" and will be located at the FBI headquarters in Washington.
The structure of the new unit the White House is creating would be significantly broader than under the Bush administration, when the CIA had the lead and sometimes exclusive role in questioning al-Qaida suspects.
Obama campaigned vigorously against Bush administration interrogation practices in his successful run for the presidency. He has said more recently he didn't particularly favor prosecuting officials in connection with instances of prisoner abuse.
Burton said Holder "ultimately is going to make the decisions."
CIA Director Leon Panetta said in an e-mail message to agency employees Monday that he intended "to stand up for those officers who did what their country asked and who followed the legal guidance they were given. That is the president's position, too," he said.
Panetta said some CIA officers have been disciplined for going beyond the methods approved for interrogations by the Bush-era Justice Department. Just one CIA employee — contractor David Passaro_ has been prosecuted for detainee abuse.
Last week I received an email from Daniel J. Lakemacher, who is applying to be administratively discharged, by the Navy as a Conscientious Objector. To honor, and hopefully draw attention to his refusal I am reprinting his blog posts describing the twists and turns of extracating oneself from the machine. These posts were originally posted to warisimmoral.com
Friday May 22 (Day 19) Obedience as virtue?
"A child who grows up in an environment where only obedience is rewarded with survival gets very black and white about authority."
I recently heard this said by Paul Gibbons on the Complete Liberty Podcast - Episode 66, and it resonated with me deeply. I say this not because of any unique parenting to which I was subjected, but as a result of the fact that my experience of having obedience so readily instilled in me would be considered not just normal but praiseworthy in our culture. Arguably, it is this principle of following authority that has been more thoroughly ingrained in me than any other.
Whether it was obedience to God, parents, church, state, teachers, adults, person's wearing special clothing, or any number of the other seemingly endless categories to which I had to gratefully submit, the issue was not to whom you were being obedient but that you were obeying. The highest compliment was, "You're such an obedient little boy," not "You consistently discern what's right and act accordingly."
Think for yourself; did your very first lesson involve learning that disobedience would result in physical pain? I would venture that, for most of us, one of the earliest concepts we came to comprehend was that disobedience = physical beating. Don't put the toy down when told, beating. Don't pick the toy up and put it away when told, beating. And my personal favorite for guaranteeing that you won't obey: don't sit quietly without moving, beating. I'm guessing that many of us literally had insult added to injury when, as we got older, we not only were beaten, but first it was explained to us that not only were we deserving of a beating given our lack of obedience, but the physical pain that was to be inflicted on us against our will was for our own good. This of course meant that while we gingerly avoided sitting down, we should feel a humble gratitude toward whatever individual had so generously chosen to come to our aide in this way.
Of course, I do realize that there is a term more generally accepted for this type of action, but like many words, it serves only to legitimize what would otherwise cause significant dissonance between action and stated belief. The word in question is spanking, but seeing as I've never heard of a case of domestic abuse where a spouse was accused of spanking another person as a result of disobedience, I chose to use the term that is applied in the latter situations, since in these cases, the same action is rightfully portrayed in an unfavorable light.
Seeing as my parents and hopefully many who know them will likely read this post, I wish to be explicit that although I remember being the recipient of corporal punishment at their hands, it was done to no greater degree or in any greater frequency than would be accepted as normal and appropriate in our culture. My point is not to draw attention to my parents, whom I love and respect deeply for all that they've given me. Instead, I wish to speculate that the level of unquestioning obedience modeled by the workers in places like GTMO isn't surprising given the primal level on which such a severe physical and emotional conditioning toward obedience has been ingrained.
Thankfully, the incredible influence that stems from a human desire to be obedient is not one that has gone unstudied. In his landmark social psychology experiment, Stanly Milgram "measured the willingness of study participants to obey an authority figure who instructed them to perform acts that conflicted with their personal conscience." Although Milgram's focus certainly wasn't on determining the causal factors of such obedience, to my knowledge, there exists no more clear and indisputable evidence of just how far people will go in order to obey.
Through his experiment, Milgram unexpectedly made public the shocking reality that most people need no more incentive than that of obedience to cause extreme physical pain to the point of presumed unconsciousness in someone else. In his study, the incentive to obey by presumably giving high voltage electrical shocks to another human being was provided by nothing more than a stranger in a lab coat who authoritatively told the unwitting test subjects that "the experiment requires that you go on." At a mere 11 pages in length, Milgram's summary article, The Perils of Obedience(pdf), is undoubtedly one of the most priceless modern contributions toward understanding the nature of human social interaction. Although I can't offer a high enough recommendation for reading the article in it's entirety, I know my own busy schedule, and so I'll quote paragraphs 111-112.
"The essence of obedience is that a person comes to see himself has the instrument for carrying out another persons wishes, and he therefore no longer regards himself as responsible for his actions. Once this critical shift in viewpoint has occurred, all the essential features of obedience follow. The most far-reaching consequence is that a person feels responsible to the authority directing him but feels no responsibility for the content of the actions that the authority prescribes. Morality does not disappear—it acquires a radically different focus: the subordinate person feels shame or pride depending on how adequately he has performed the actions called for by authority.
Language provides numerous terms to pinpoint this type of morality: loyalty, duty, and discipline all are terms heavily saturated with moral meaning and refer to the degree to which a person fulfills his obligations to authority. They refer not to the “goodness” of the person per se but to the adequacy with which a subordinate fulfills his socially defined role. The most frequent defense of the individual who has performed a heinous act under the command of authority is that he has simply done his duty. In asserting this defense, the individual is not introducing an alibi concocted for the moment but is reporting honestly on the psychological attitude induced by submission to authority."
On the eve of this Memorial Day weekend, let me ask you, how many times have you heard military members praised for their loyalty, their fulfillment of duty, and their discipline? How many times have you heard them praised for their specific actions, such as "I'm so proud of you for dropping those bombs and killing all those people"?
Is there a similarity in principle between the choice of words used to describe how children are "spanked" and how military personnel are lauded for their "loyal fulfillment of duty"? I don't intend that as a rhetorical question, and so in personally answering it, I admit to having consoled myself innumerable times on the manner in which I was "honorably serving" and "doing my duty for my country." However, I can no longer distract myself with such meaningless conglomerations of words. After all, I will not deny that I have violated others' liberty in order to obey someone else's authority, and of one thing I am sure, there is no honor in that. ADDENDUM:
I received an email containing additional information in regard to the following sentence I had written about Stanley Milgram.
"Although Milgram's focus certainly wasn't on determining the causal factors of such obedience, to my knowledge, there exists no more clear and indisputable evidence of just how far people will go in order to obey." EMAIL: "Milgram did go into detail on this point in Obedience to Authority . . . In the second half of the book, after he's finished with his description of the experiment, Milgram does a cybernetic analysis of how hierarchical structures subvert individual people's agency and autonomy. I would very much recommend it to your attention
Thursday May 21 (Day 18) Diagnosis Free
For reasons too complex to be worth explaining, I was authorized by my Chain of Command to have 24 hours of "Special Liberty," beginning at 0700 today and ending at 0700 tomorrow. I will leave it to you to decide whether you think it possible for any one human or group of humans to actually grant liberty to an individual and say simply that "Special Liberty" means that a Sailor doesn't have to report for duty.
In any case, my "Special Liberty" granted me the benefit of sleeping in this morning, as well as allowing for the comfort of wearing civilian clothes while I underwent the extremely intrusive process that constitutes any valid psychological evaluation. Although the clinical psychologist assigned to me could not have been more pleasant or professional, such a procedure requires answering questions about the innermost details of one's psyche, to include talking about all of the following topics as well as many others:
frequency, quantity, and purpose of having ingested various substances into one's body fears
nature of, and preferences about, one's social life
grades in school
changes in appetite
physical, emotional, and sexual abuse history
past mental health treatment
Undergoing such a process myself was rather ironic in that it is the very task that the Navy has assigned for me to perform on those persons currently confined to the Navy's only boot camp, Recruit Training Command, Great Lakes, Illinois. I found it very interesting to be the one on the proverbial couch for a change, and I can even say that I gained insight from the experience. Even better, at the end of the process, the doctor confidently pronounced that I am free of any psychiatric illnesses or personality disorders. She also assured me that in addition to explaining her diagnostic conclusions, she would express in her report that she found me to be very forthright, open, and honest in answering her questions. Additionally, she said that she would make clear her belief that I am sincere in my request to be classified as a conscientious objector.
With another box checked off the list, the next step is for an "Investigating Officer" to be assigned to my request and for that person to conduct an informal hearing. If you missed my earlier post on the process or just want a refresher, reread Day 11 - A How-To Guide (see Shutting down the Machine - The Conscientious Objection of Daniel J. Lakemacher [Week 2 below]) and scroll about half-way down the post to view all the information I have on what these next events will entail.
Wednesday May 20 (Day 17) "The fate of detainees"
Benjamin Franklin is often quoted as saying, "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." I wonder what it is that Franklin would have said is deserved by those who forcefully limit the essential liberty of some for the sake of their own feeling of temporary safety?
With that idea in mind, I've thought it interesting to read, hear, and see that that the actions of the U.S. military in Guantanamo Bay have again become headlines. However, GTMO as a buzzword sadly hasn't equated to any critical questioning of what is morally right concerning the liberty of the individuals confined there. This is clear from the following byline of a Miami Herald article that reads:
"With the fate of detainees still up in the air, the president will try to reassure the nation that his plan to close the prison camps at Guantánamo Bay will not put US citizens at risk."
First, I think it's crucial to recognize that the phrase, "the fate of the detainees," refers to the life, liberty, and potential for pursuing happiness of hundreds of fellow humans. After all, every "detainee" is an individual person with friends, family, and loved ones, much like you and I. With this understanding, the explicit meaning of the sentence in which the phrase is used becomes vitally important. After all, the sentence makes clear that "the fate of the detainees" doesn't hinge upon the question of what is right or wrong, but rather, it rests on the perceived safety risk to those individuals who have been classified as citizens of the United States. What do you think? Should moral concerns about infringing on others' liberty lose their precedence when confronted with the pragmatic requirements deemed necessary to keep one specific people-group safe?
I believe this question alone has potentially monumental ramifications, but even still, I wonder if it was this same criterion of not wanting to "put US citizens at risk," by which the government decided to label those persons as "detainees" and confine them in the first place? And, was it this same avoidance of perceived risk that prompted the invasion of Iraq? What of Afghanistan? The list, of course, could go on ad infinitum.
However, beyond the possible insight to be gained from following this reasoning backward, I believe there's a more crucial question to ask. Whose liberty will next be violated, not on the basis of right and wrong, but as the result of an action being planned by government right now, in order to keep you safe.
Tuesday May 19 (Day 16) Service or Slavery
Several statements made by Art Carden in his article Conscription of Men, Women, and Resources caught my attention yesterday, and I have quoted the two key excerpts that I credit as the inspiration for today’s post.
“We can sing the praises of the ennobling and embiggening effects of time in the military or time in the peace corps, but this loses its luster when the ennobling and embiggening are done at the point of a gun. "Service" extracted at the point of a gun is not honorable. It is tragic.”
“Some may argue that this is an exercise in incendiary rhetoric, but it is also correct: compulsory service is slavery by definition. Call a spade a spade. Milton Friedman did when he referred to the conscripted army that was fighting in Vietnam as an army of slaves. They were: they went to Vietnam as a result of threats against life and limb. Some who took a principled stand against the war and in line with their convictions, like Muhammad Ali, were stripped of some of the most productive years of their lives.”
As opposed to conscription in American history, I will instead focus on the current nature of military service and the government sanctioned “contracts” that bind members of the Armed Forces to their employer. Specifically, I wish to address the nature of my own "contractual" relationship with the Navy.
First, I wish to unequivocally establish as fact that I, being of sound mind, did enlist into the Navy by my own choice and not as the result of the coercion of any person or group. An equally true statement is that I no longer wish to remain employed by the Navy, yet I’m unable to quit my job without the potential penalty of imprisonment.
I admit and accept that my desire to no longer fulfill the terms to which I agreed may rightly call into question the trustworthiness of my word. I have weighed this potential cost to my reputation, and I’ve found it definitively lacking in comparison with the price required to support an organization and a cause that I believe is unjustified in its termination of countless human lives.
In my own mind, I’ve considered the question of which mistake I would rather confess to any children I may one day have. Would I rather tell them how I failed to live up to the specified number of years that I had promised to labor for a given employer, or that I continued to work for an organization even after I came to believe that it existed for an immoral purpose?
To me the choice is easy, and so I acknowledge that I personally, and no one else, am to blame for my decision to have enlisted in the Navy. I also recognize that I individually bear the responsibility for the fact that I wish to break my word and end my employment. That I have no intent to deny accountability for my desire does not mean that I think the government is justified in holding me to my promise under the threat of imprisonment.
In summary, although I haven’t broken my word, I have definitively expressed that I do not wish to live up to my promised tenure. This expression has been in the form of a request to be released from the terms to which I originally agreed.
Although I no longer desire to do so, each morning I report for duty as ordered, and I complete my assignments without protest. This, however, doesn’t equate to truly being there by choice. A person choosing between prison and work cannot be said to have freely chosen to work. I was not conscripted, but since I now remain employed against my will, is there really any difference?
Monday May 18 (Day 15) SECDEF on safety
The following message from the SECDEF (Secretary of Defense) was forwarded to my entire Chain of Command today. I found the last paragraph to be particularly interesting.
(PARA) THE ?101 DAYS? BETWEEN MEMORIAL DAY AND LABOR DAY IS A PERIOD IN WHICH LEADERS NEED TO INTENSIFY THEIR SAFETY EFFORTS. IN THE SUMMER OF 2008, THE DEPARTMENT OF DEFENSE TRAGICALLY LOST 87 SERVICEMEN AND WOMEN IN PRIVATE MOTOR VEHICLE COLLISIONS. OVER HALF OF THESE COLLISIONS OCCURRED ON MOTORCYCLES.
(PARA) DURING THIS PERIOD OF HIGH RISK, I URGE LEADERS AT ALL LEVELS TO REMIND THEIR SOLDIERS, SAILORS, AIRMEN, MARINES, AND CIVILIANS TO EXERCISE GOOD JUDGMENT AND DRIVE SAFELY. WE ALL KNOW THE KEY ELEMENTS FOR SAFE DRIVING, BUT THEY BEAR REPEATING. NEVER DRINK AND DRIVE. MAKE SURE ALL VEHICLE OCCUPANTS WEAR SEATBELTS. IF YOU RIDE A MOTORCYCLE, WEAR YOUR PERSONAL PROTECTIVE EQUIPMENT-IT SAVES LIVES. FINALLY, USE THE AVAILABLE TOOLS AND RESOURCES TO SAFELY PLAN FOR SUMMER TRAVEL.
(PARA) TAKING CARE OF OUR PEOPLE IS OUR HIGHEST CALLING. WE CAN AND WE MUST DO MORE TO STOP THIS NEEDLESS LOSS OF LIVES.
SINCERELY, ROBERT M. GATES
Sunday May 17 (Days 13 & 14) A Presidential quote
"War will exist until the distant day when the conscientious objector enjoys the same reputation and prestige as the warrior does today."
It came as a surprise to me that this was written in a letter to a Navy friend by the late President, and one-time Sailor, John F. Kennedy. The quote is referenced on the website of the John F. Kennedy Presidential Library and Museum about a third of the way down the page. I'm certainly not looking for prestige, and I've had the expectation from the start of this process that some people would undoubtedly hold me in quite the opposite regard.
Nevertheless, I do hope that the publication of my request is the cause of at least some questions as to why it is that we, as humans, wage wars, and what are other actions that can be morally justified and thus rightly instituted instead. If JFK was right in believing that war doesn't have to exist, what else is there?
While I believe that any war is immoral, my present situation makes the Iraq and Afghanistan wars particularly prescient for me. Therefore, I plan to share just one possible scenario by which American lives could have, and still can be, protected, without going to war. Hindsight is, of course, 20/20, but the fact that this possible solution still has not been implemented makes it particularly relevant in my mind.
In this brief discussion, I wish to suspend the very important, although not justifying, factors that prompted the 9/11 hijackers to enact their evil plans. My goal is to postulate just one possibility of what might have mitigated their evil, after their plans were already underway. I believe the answer can be found in two words, words that I believe are also the key to protection without war, individual self-defense. If there had been even one pistol in each of the cockpits of the hijacked planes, I think the damage done by the hijackers could realistically have been limited to the loss of their own lives. However, thousands of people died that day, and multiple times more have died since then.
Although the hijackers bear 100% of the responsibility for their actions, who is responsible for having limited the self-defense capabilities of the rest of the individuals aboard those planes? The answer, of course, is the United States government. The government, in claiming a monopoly on defense, so limited the capabilities of the other passengers and crew, that they were incapable and/or didn't feel responsible to try and defend themselves. In the aftermath of this tragedy, the U.S. government has remained unwilling to relinquish any power, and has instead expanded its restrictions on passengers and crew, while simultaneously ordering thousands of service members to use deadly force in two different wars that have resulted in an untold loss of human life.
I don't intend this to be an all-encompassing solution of a morally justified response to the disaster of 9/11, but I do hope that it has made you think and consider what might be an alternative to war in this, or any situation.
This post owes much to the writing and podcasts of Wes Bertrand, specifically Chapter 2, section three, of his book Complete Liberty. Available for free online reading here, or as a free podcast on iTunes.
See also The Myth of National Defense edited by Hans-Herman Hoppe.
This article, by Leila Fadel and Jamal Naji, was published by McClatchy's Washington Bureau, February 4, 2009
BAGHDAD — Iraqi officials moved to quell rising tensions between rival Sunni Muslim Arab factions in once-restive Anbar province Wednesday by recounting some of the ballots that were cast in last Saturday's provincial elections, even before the official results are known.
The Independent High Electoral Commission in Baghdad said it had acted after Sunni tribal leaders accused the province's ruling Iraqi Islamic Party of rigging the vote.
"The committee came in today to investigate the allegations of forgery," said Aqeel al Mashhadani, the spokesman for the Independent High Electoral Commission in Anbar province. "They recounted several boxes today."
Many signs of voting fraud were reported. Poll workers at five centers told McClatchy that they saw Iraqi Islamic Party loyalists filling out blank ballots for registered voters who didn't show and stuffing the ballot box. In one case, a poll worker said he was asked to fill out the ballots himself.
In another, a polling center employee said that he was ordered to leave at the end of the day so that party loyalists could fill in the ballots of voters who didn't show up.
The formal accusations of vote rigging came from Ahmed Abu Risha and other tribal leaders. Abu Risha — the Anbar head of a political movement, Iraq's Awakening Council, that grew out of a tribal group formed to battle militants — is widely credited with pacifying the province that was once a stronghold of the Sunni insurgency and al Qaida in Iraq.
At a news conference Wednesday at his compound, Abu Risha brandished polling-result forms that he charged had been altered and demanded that fraudulent counts be disallowed.
"We will not fight with weapons; we will fight with these documents," he said.
The city of Ramadi, at one time a killing field for U.S. soldiers who patrolled the hostile streets and deadly for residents, now is relatively calm. If Saturday's elections aren't considered credible, however, that could ignite a new round of violence.
Nearly all residents of the Sunni Arab province boycotted national elections in 2005, denouncing what they said was an illegitimate vote held under U.S. occupation, and many joined the armed resistance against a foreign army on their soil. Saturday's provincial elections were the first in which they'd participated.
Tribal leaders such as Abu Risha now think that they're entitled to political representation in view of the sacrifices they made to cleanse the province of al Qaida in Iraq and other militants. His brother, the former head of the movement, was killed.
However, the Iraqi Islamic Party, which took power in the province by default because it was the only Sunni Arab group that participated in the 2005 election, also thinks that it took big risks for a democratic outcome. The party, which has ruled the province since then with a governor appointed by the provincial council, has little popular standing with many Sunnis, who consider it unrepresentative, corrupt and linked to violent groups.
Complaints about the election have been gathering force since Monday, when tribal gunmen took to the streets in what security officials said was a protest of fraudulent voting results. Security officials imposed a curfew.
Abu Risha said Wednesday, however, that the gunmen weren't protesting but celebrating what they thought was a win for their movement.
Saleh al Mutlaq, the head of another Sunni party, the Gathering of the Iraqi National Projects, said in an interview after returning from Anbar province that tribal leaders were outraged at the idea that the Iraqi Islamic Party would continue to govern there.
"Unless the electoral commission treats the complaints fairly, conflict is coming to Anbar," he said. "They cheated, and the tribal leaders will not allow them to govern them."
Security officials in Anbar braced for possible violence.
"We will not allow the province to return to square one," said Gen. Tariq Yousef, Anbar's police chief. "We will not be merciful. We will not be merciful with those who violate the law no matter who they are."
The poll workers who told McClatchy that they'd witnessed fraudulent voting all spoke on the condition of anonymity, afraid of retaliation.
One employee said he was forced to enter votes on ballots for the party by the head of the center, a party loyalist.
"The news is bad," he recalled the official telling him, referring to the party's number of voters. The official said he'd watch for observers so the man wouldn't get caught.
The man said he told the official that he was afraid, and the head of the center responded with one remark.
"They need to send complaints, and this can only be sent through me," he said. "Don't be afraid."
A request for a response to the accusations e-mailed to the head of the Iraqi Islamic Party, Tareq al Hashemi, who's also one of Iraq's vice presidents, wasn't answered Wednesday.