Opinion

The Great Debate

Does America need a Truth and Reconciliation Commission for torture?

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Paul van Zyl is the former executive secretary of South Africa’s Truth and Reconciliation Commission. In this presentation to the Poptech conference, he argues that America must confront its own legacy of torture:

A new America must confront this dark chapter openly and publicly. It must give victims a chance to testify and allow the American people to hear a firsthand, unvarnished account of the crimes committed in their name. It is only then that America will be able to say to itself in unambiguous terms: “We are not a nation that tortures its enemies. We regard torture as immoral and criminal. We will never justify or condone torture and we will punish those who commit these criminal acts.”

Watch the video below or click here to read van Zyl’s speech in full.

Click here for more Reuters coverage of Poptech.

COMMENT

Our nation has established that torture is the low road in conflict. It should not be allowed now.If an interrogator in a tight situation needs to get information that would save lives during a time of war, and feels that torturing is the only means of access, then let that interrogator justify his actions before the courts. Let the courts decide if the action was justified.But do not allow it as a matter of practice no matter what so called “special circumstances” may arise.God forbid that we should have come to a point in our country where our very honor is no longer sacred.We are not animals and we should not be content to live as such.

from The Great Debate UK:

Bagram: Where the future of Guantanamo meets its tortuous past

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- Moazzam Begg is Director for the British organisation, Cageprisoners. The opinions expressed are his own. -

Little seems to have changed regarding the treatment of prisoners held at the U.S. military-run Bagram prison since I was there (2002-2004). The recent study conducted by the BBC shows allegations of sleep deprivation, stress positions, beatings, degrading treatment, religious and racial abuse have gone unabated. On a personal level though, I can’t help wonder if British intelligence services are still involved.

In April this year, a report issued by Cageprisoners entitled Fabricating Terrorism II highlighted through eyewitness testimony the cases of 29 people, all of them either British residents or citizens, who had allegedly been tortured and abused in the presence of British intelligence agents or at their behest.

One of them, the case of Farid Hilali, featured in the Guardian newspaper, showed how allegations of complicity in torture against British intelligence predated the Sept. 11 attacks. The story of Jamil Rahman too – regarding allegations of British complicity in his torture in Bangladesh – would have been included in the report but he was worried at the time about the safety of his family. The recurrent factor in all these cases is the extent to which denial and prevarication remain as much a part of the intelligence services’ arsenal as outsourcing torture and abuse. The others include the British cases of Omar Deghayes, Bisher Al-Rawi, Jamil Elbanna, Richard Belmar, Shaker Aamer and Binyam Mohamed – all of whom were held at Bagram.

Shortly after I returned from Guantanamo my father showed me a letter he received from the British Foreign Office. The letter, written in 2002, claims that UK officials were not given access to prisoners in Bagram. At the time, I was being held captive there by the U.S. military and, amongst other alphabet intelligence agencies, was being interrogated by MI5, who were aware that torture, abusive and degrading treatment was being meted out to prisoners– including British citizens.

COMMENT

Mozzam, I can only speak for my country. I for one am glad that the ideal of America’s superior moral standing has finally been shattered for the myth that is. We meter out the same treatment to our civil prisoners at home where no video cameras and plenty of witnesses to support the guards side of the story. Our prosecuting attorneys withhold exculpatory evidence and put liars on the stand in blatant disregard for the law. Most of our judges and are former prosecutors. Their creed is ” If your charged you must be guilty”.

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from The Great Debate UK:

Bagram lesser known – but more evil – twin of Guantanamo

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-Clara Gutteridge is renditions investigator at Reprieve. The opinions expressed are her own.-

The big surprise in Tuesday’s revelations of prisoner abuse at Bagram is how long these stories have taken to reach the international media, given the scale of the problem.

Bagram Airforce Base is Guantanamo Bay’s lesser known - but more evil - twin. Thousands of prisoners have been "through the system" at Bagram, and around 600 are currently held there. Meanwhile President Obama’s lawyers are fighting to hold them incommunicado; stripped of the right to challenge the reasons for their imprisonment.

In this way, Bagram Airforce Base is just the latest in a long line of U.S.-created legal black holes. And as evidence of abuse there has begun to leak out, the U.S. military has responded in exactly the same way as it did to similar allegations at Abu Ghraib and elsewhere: by insisting that the torture is just the work of a few low-ranking “bad apples” and repeating that the U.S. “does not torture”.

Sad to say, the truth has revealed itself to be just the opposite. Recently released U.S. government memos have shown the efforts of top U.S. lawyers to justify torture techniques to be used in prisons far from U.S. continental territory. Faced with such evidence, it is difficult to avoid the conclusion that prisons like Bagram were created in large part because the U.S. wanted to torture certain people held there.

The Obama administration argues that the prisoners in Bagram are not entitled to challenge their imprisonment because Afghanistan is in a state of war, and that therefore different legal rules apply. But many of the former Bagram prisoners, such as British residents Jamil El-Banna and Bisher Al-Rawi, were captured in countries far from the Afghan “battlefield”, and forcibly transferred into the war-zone. It seems wholly unfair that prisoners be denied rights simply because they have been kidnapped and rendered into a legal black hole.

In such renderings, the U.S. has not acted alone. The British government has recently admitted to capturing two men in Iraq who were handed to the U.S. and subsequently rendered to Afghanistan. Reprieve’s investigations suggest that these men were taken out of Iraq because the Abu Ghraib prisoner abuse scandal was breaking, and Afghanistan represented a safer, darker place to hold them indefinitely. Yet the British government refuses to assist us in our efforts to offer the men legal representation, preferring to allow them to languish in Bagram.

COMMENT

Clara, the precedent to Bagram, Abu Graib and Guantanamo is here at home. Police scandals spanning decades show the use of torture to obtain confessions in the U.S.. Water boarding subsequent to WW I and Electric shock after Viet Nam. This is how law enforcement has sometimes operated in the U.S.. These law enforcement officers were war veterans.

We lock up two and a half million people in the U.S.. I shudder to think how many are innocent. I spent years escorting defendants to court. Incompetency and apathy abound with most of the officers of the courts I have seen work. Those who fight for the truth are the rare exception.

Bill Curtis traveled the country investigating this issue. He states “There is a dirty little secret among criminal lawyers. A lot of innocent people go to prison.” The attorneys widely disagree as to how many in their experience how many innocents are convicted. The estimates ranged from 20 to 80 percent by region.

Even 10 percent would be unacceptable if true. Why does it happen? I don’t know. I guess as a people we are just used to accepting what ever our government does.

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Should torture be part of the U.S.’s counterterrorism approach?

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The following piece was co-written by Matthew Alexander, Joe Navarro and Lieutenant General Robert Gard (USA-Ret.) They are pictured from left to right.

Matthew Alexander led an interrogations team assigned to a special operations task force in Iraq in 2006. He is the author of “How to Break a Terrorist: The U.S. Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq.” He is writing under a pseudonym for security reasons.

Joe Navarro, a former FBI counterintelligence and counterterrorism expert, is an adjunct faculty member at the FBI’s Counterintelligence Division.

Lt. Gen. Robert G. Gard, Jr. (USA-Ret.) is president emeritus at the Monterey Institute for International Studies and a senior military fellow at the Center for Arms Control and Non-Proliferation. The views expressed are their own.

President Obama decided not to release a new group of detainee abuse photographs because he believes they would inflame our enemies and threaten American troops. Indeed, the shocking photos from Abu Ghraib have served as a powerful recruiting tool for al-Qaeda and have sparked outrage across the world.

It is not the release of the photos, however, that would elicit horror and anger. It is their brutal content and the misguided policies they reflect. The controversy surrounding the photos and the president’s release of four Department of Justice memos have brought into sharp focus a debate that has been in the shadows of public discourse for several years: Should the U.S. include torture and cruelty in its counterterrorism arsenal?

COMMENT

Food for thought here, perhaps we should reevaluate our treatment of U.S. civilians held in state prisons. We should also examine procedures for admitting evidence. Quite often following court rules interferes with the quest for presenting evidence that can exculpate a charged suspect. I suspect state prosecutors behave no better than the Federal Prosecutors.

We still have way to much violent crime and way to many people locked up. Lawsuits abound where police conspire to frame innocent people. I would submit they are only the few that were caught. There may be several hundred thousand Americans in prison for crimes they did not commit. What ever happened to “Better 10 guilty men go free than one innocent man lose his liberty”.

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