illegal detention

Recommended measures to establish protections for human rights in the United States of America

Third Revision

Abstract

The detention and interrogation policies adopted by the United State's government in the wake of the 11 September 2001 attacks have raised several questions about its commitment to international law and human rights. Initially a bipartisan issue, the instances of torture and prisoner abuse brought before the public were condemned by both Democrats and Republicans, and both party's presidential candidates promised to shut down the illegal prison in Guantánamo Bay, Cuba. Likewise, with the exception of foreign government officials who participated in the Central Intelligence Agency's “extraordinary rendition” program, much of the international community has called on the U.S. government to comply with its treaty obligations.

The Indiana Legislature is afraid of Guantánamo Detainees

In what I like to describe as an ongoing effort to undermine what little credibility their party retains, Republican senators Stutzman, Buck, Yoder, and Walker of the Indiana General Assembly introduced on 02 February 2009 to the Senate Committee on Homeland Security and Transportation & Veterans Affairs Senate Concurrent Resolution 25, which essentially states "Please don't send any Guantánamo detainees to Indiana unless they've been sentenced to death." On 17 February, the resolution was brought before the Senate in Roll Call 102, where it received 31 Yeas and 19 Nays. In defense of the Republicans, three of them (Kenley, Waltz, and Dillon) were smart enough to detect the glaring contradiction in the resolution and vote "Nay", while one Democrat (Mrvan) decided to support it. The rest of the Republicans voted "Yea" and the Democrats1

  1. 1. voted "Nay." The resolution has been sent to the House, but no hearing has yet been scheduled.

Congressman Buyer's Position on Torture Allegations

Originally posted on A contrario on 27 May 2008

On 2 May, I received a response from Congressman Steve Buyer to my 16 April letter requesting an independent investigation into the abuse and torture of prisoners by U.S. forces. He included an 'Issue Position Statement' with his response, which I have reproduced in its entirety below1:

  1. 1. To the best of my knowledge, a position statement is by definition intended for public distribution, and can therefore be freely distributed. As it claims to reflect the views of its original author, however, any intentional alteration to such a statement could probably be construed as libel.

A Citizen's Subpoena to Impel the House to Investigate Torture Charges

Originally posted on A contrario on 5 May 2008

The letter requesting that certain politicians be subpoenaed for testimony that is quoted below was sent by the ACLU on my behalf to the House Judiciary Committee and several other members of Congress on 5 May. The ACLU provided the introductory paragraph, and I wrote the rest of the letter. This letter was one of many petitions delivered to Congress as part of the ACLU's 'Citizen's Subpoena' campaign. Hopefully, the Judiciary Committee's call for testimony marks the beginning of a serious investigation into Executive policies on the use of torture or 'aggressive interrogation techniques'.

I demand to know the truth about torture. It's time to conduct a full investigation to determine what laws may have been broken and whether war crimes or other torture crimes were committed. John Ashcroft, John Yoo, George Tenet, Douglas Feith and others must testify. It's time to legally compel Bush's torture team to tell the truth.

A Request to Representative Buyer to Stop Torture

Originally posted on A contrario on 16 April 2008

In the letter quoted below, I request that Steve Buyer, the U.S. Representative for Indiana's 4th district, take the necessary steps to stop the U.S. government's use of torture and to identify and reprimand the officials responsible for this obscene policy. This letter is in response to Bush's latest statement that he personally approved the use of torture (see the Washington Post's summary of the interview), and the structure of this letter is based loosely on the form letter that ACLU is hosting over here. If you wish, you are welcome to use any part or all of the below text (except my signature!) in your own letter. According to the House web site, all physical mail is currently being screened for biological agents, so the fastest way to contact your Representative is probably through the House's Write Your Representative form.

Human Rights Violations in the Name of Security in the United States

Originally posted on A contrario on 22 March, 2008

This is the extended and original version of a letter I submitted to the editor of the local paper. It is the first of a growing series of documents to come out of my research into the human rights violations that are being committed by or in the United States. While I am disgusted by my government's behavior, I am even more incensed by the general public apathy (at least in my area) toward the issue . I wrote this letter in an attempt to dissolve that apathy and implore people to start attending to what the U.S. government is doing in our name. Democracy will not survive in this nation if we do not monitor our own government at least as vigilantly as it seems to be monitoring us.

Guantánamo Bay and Torture in the United States

What does the decision to operate an illegal prison camp without Congressional or judicial oversight say about the United States government's commitment to its own legal system or to international humanitarian law? Very few spokespersons in the media seem to be willing to address this question directly, despite its apparent importance. Although the detention and interrogation policies implemented by the Bush administration were not particularly new in terms of the tactics employed, the blatant arrogance that accompanied them was largely unprecedented. Despite initial indications that it would at least superficially break with the Bush administration's policies, the Obama administration has perpetuated and tried to legitimize many of its predecessor's most egregious abuses. While this issue occasionally appears in the headlines, the media has thus far done little more than echo the debates between the establishment's "hawks" and "doves" under the banner of objective journalism. Admittedly, this mainstream journalism does appear to possess a certain level of objectivity when contrasted to its more extreme examples, such as FOX News---which has given up on journalism altogether and instead produces wholesale propaganda designed to terrify the public into believing that they're on the verge of being swarmed by masses of bloodthirsty terrorists hell-bent on destroying freedom, justice, and the American way. The range of this objectivity, however, is always circumscribed by the interests of the eight or so major corporations that own almost all the mass media in the US. In the case of illegal incarceration and torture, this means that much of the debate has been about whether these tactics help to further the United States' foreign policy objectives, and not what those objectives are, or what harms or benefits they will bring to the US and world public. I have collected the resources listed here in an effort to present the debate in this larger context.

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