A Ray of Light?

News From the Front in the Real War of Terror

On the thread about Chris Dodd's efforts to restore habeas corpus to the American judicial system, GL responded with, "A ray of light breaking through the clouds?" Perhaps, but it may have been little more than the bright line that one detects along the edge of a closed door in a very dark room. A decision rendered by a federal judge in the Jose Padilla case may signal the opening of that door, if only by the slightest crack. With the light may come some much needed air into the room.

As reported by BBC News,

"A US citizen suspected of being an al-Qaeda conspirator is mentally unfit to stand trial, a psychiatrist for his defence has said.

Speaking at a hearing to determine Jose Padilla's competence, Angela Hegarty said he lacked the capacity to assist his counsel in the case."

Padilla was most recently in the news when he was photographed blindfolded and wearing sound-blocking earmuffs on a trip to the dentist. The inhuman sensory deprivation that he has been subjected to for 3½ years is the direct cause of his current mental incompetence. Naomi Klein of Alternet has more details. This is a link I put up in the hope you will actually click on it and read Naomi's entire shocking post.

"Arrested in May 2002 at Chicago's O'Hare airport, Padilla, a Brooklyn-born former gang member, was classified as an 'enemy combatant' and taken to a navy prison in Charleston, South Carolina. He was kept in a cell 9ft by 7ft, with no natural light, no clock and no calendar. Whenever Padilla left the cell, he was shackled and suited in heavy goggles and headphones. Padilla was kept under these conditions for 1,307 days. He was forbidden contact with anyone but his interrogators, who punctured the extreme sensory deprivation with sensory overload, blasting him with harsh lights and pounding sounds. Padilla also says he was injected with a 'truth serum,' a substance his lawyers believe was LSD or PCP.. ..These same practices have been documented in dozens of cases of 'extraordinary rendition' carried out by the CIA, as well as in prisons in Iraq and Afghanistan"

She observes, "America has deliberately driven hundreds, perhaps thousands, of prisoners insane. Now it is being held to account in a Miami court." Let's hope so. The Bush administration has made a habit of ignoring court decisions, including Supreme Court decisions, that didn't go their way. Bu$hCo™ ARE the terrorists, as this case clearly shows, and they are waging a war against the American people and the rule of law. Did I mention, Padilla is an American citizen, arrested on American soil, who has never been anywhere near any armed conflict? His arrest was way before the MCA was passed, and has been a textbook case of abuse of power. For a point of comparison, read Maher Arar's personal account of the way he was treated, in CounterPunch. Clearly this is all part of a wide-ranging program approved at the highest levels of government - they can't blame everything on Lynndie England.

In other related news, the Toronto Star reported Friday on a UNANIMOUS Canadian Supreme Court decision striking down the government's use of so-called 'security certificates' to detain and deport non-citizens suspected of terrorism ties. Turns out the certificate system is in conflict with Canada' Charter of Rights and Freedoms. Kudos to the Supreme Court of Canada - must be all that clean air up here.

In other other news, Les Enragés.org drew the attention of, and a link from Chris Dodd's blog for a piece we ran about Senator Dodd sponsoring the Effective Terrorist Prosecution Act, which aims to reverse the worst aspects of the Military Commissions Act (aka The War Criminals' Protection Act.) Kudos again, senator.

To reiterate: Restore Habeas, Repeal the MCA, and defend the Constitution. Dammit!

TAGS: Jose Padilla, Torture, Human Rights, Abuse of Power

Arar Revisited

The Sad, but True Significance of The Arar Case

There are a number of reasons that I post a fair bit on the case of Maher Arar. One is that as a Canadian, I sometimes get news that isn't reported in the States, or that is under-reported. As a Canadian, I sympathize with a fellow Canadian who has been so egregiously mistreated by the U.S. government, and I am deeply offended by the Administration's arrogant assumption that an American's rights are more significant than someone else's rights. But it goes WAY beyond that.

Up until now, my posts on Arar largely have been limited to reporting the facts. Consider this the consequent outpouring of rage. For a case timeline, read this synopsis by the CBC.

The Arar case is exemplary of the kind of treatment that has been experienced by at least dozens, perhaps hundreds, of others whose names we will never know. The only reason Maher Arar's name ever came to light is that the Canadian government knew from the outset that he was in American government hands when he was kidnapped by the FBI on September 26, 2002. That's right, kidnapped. To dignify what happened as an arrest would misrepresent the facts. Arar was never charged with any crime, never given access to a lawyer, never afforded any of the due process guaranteed by the U.S. Constitution and its attendant Bill of Rights. I won't even use the CBC's weasel word 'detained.' He was kidnapped, and the officials responsible should be charged with that crime.

Without the due diligence exercised by the Canadian government to obtain his release, Maher Arar may never again have seen the light of day after having been kidnapped by persons in the employ of U.S. agencies acting under color of authority. And it is my considered belief that dozens, perhaps hundreds, of people in situations not too much unlike that of Maher Arar were simply disposed of (killed) after extensive torture showed them to be innocent. Arar himself has said that this case's significance lies with those whose kidnap was not protested by their government, or whose government never knew they had been kidnapped. His experience is the mere tip of a very large and very ugly iceberg.

Let's look at the facts. The disclosure of photos of prisoner abuse at Abu Ghraib prison led to little more than the pitifully weak argument that these were isolated cases attributable to low-ranking individuals who were acting outside of sanctioned guidelines. Lynndie England and a few others were responsible. Hogwash!

Revelation followed revelation. Memos from Rumsfeld, signing statements from Bush, secret flights condemned by the EU. Always accompanied by this idiotic appeal for secrecy from the most secretive government America has ever known. Their message, "No, flat out, never: We. Do. Not. Torture! But, no you can't see the relevant documents because we don't want to give away our techniques to the enemy." Poppycock!

Then, when the truth was revealed beyond a doubt - the most damnable lie possible, "This is nothing new - everyone knew this all along (though we were denying it just last week)." Balderdash!

And as always, "If you oppose our abuses of power (which, by the way, aren't happening) you must want the terrorists to win." Bullshit!

Maher Arar was indisputably 'detained' (kidnapped), inarguably 'deported' (renditioned), and unquestionably 'questioned' (tortured) at the hands of U.S. officials or their surrogates with authorization from the administration. Alberto Gonzales is still perjuring himself to cover it up, more than four years after the initial crime. The facts strongly suggest the program of rendition to be widespread.

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Steel yourself. What follows is the ineluctable logic that reveals the source of my rage. We are going into a torture scenario that will never be seen on cable television's 24, or in any other corporate media fiction. Where we are going is much more real than that, proven to be real by the experience of Maher Arar, Jose Padilla, and others. We are of necessity going into the mind of those who would torture a fellow human being, and exploring their reasoning, however repugnant that may be. You have been warned.

Here's the thing. You, the torturer, have had someone under your control for some time now. He or she has been waterboarded, beaten repeatedly, their genitals electrocuted, their fingers and toes broken, their teeth extracted one by one, whatever you could think of to extract the desired information about involvement in some heinous act of terrorism against the United States of America. Early on, you got this person to 'give up' friends and acquaintances as co-conspirators. They too were 'detained' and subjected to the same treatment.

But the thing is, none of it panned out. The friends and acquaintances came up with stories of conspiracies too, after sufficient 'persuasion', but no two stories ever matched up. After all the abuse that you, the torturer have inflicted, you must reluctantly conclude that the person is innocent. The ticking time bomb scenario was nothing but an overused dramatic device, a phantom threat with no more basis in reality than the chimera of WMDs that got us in this mess to begin with. As the infamous internet infidel Delos McKown once remarked, "The invisible and the non-existent look very much alike."

So what do you do now? Your victim knows intimately the techniques you used on him. It has been repeatedly stressed to you that allowing these techniques to become known will benefit the terrorists. Your orders must have come from high in the chain of command - black helicopters don't come from nowhere, after all. Any tale this person would bring to the outside world would be an immense embarrassment to the Administration, far more so than if he had been guilty. Should he be released you, the torturer could face trial for human rights violations at least, possibly war crimes. You can't just let him go.

So what DO you do now?

Cross-posted from Les Enragés.org
TAGS: Rendition, Torture, Murder
Maher Arar, Human Rights Abuses, War Crimes