Get the complete transcript of this interview:

British Lawmaker David Davis Challenges US Threats to Suppress Evidence of CIA Torture

See the video from last week of Amy Goodman's interview with this anti-torture right-wing conservative Brittish MP:

British MP Blasts U.S. Efforts to Keep Evidence Hidden in Gitmo Torture Case

Six Questions for Cynthia Smith on the Legality of Force-feeding at Guantánamo
By Luke Mitchell

The apparent suicide Monday (6-1-09) of thirty-one-year-old Muhammad Ahmad Abdallah Salih, who had been protesting his long imprisonment at Guantánamo Bay by refusing to eat, has brought U.S. force-feed policy back into the news. Many human rights organizations have called for an end to force-feeding, which as practiced at Guantánamo amounts to torture. In MayApril, for an article to be published in the July Harper's Magazine, I attempted to query Dr. Ward Casscells, then the assistant secretary of defense for health affairs, about how he might modify that policy since Barack Obama had become president. Cynthia Smith, a Pentagon spokesperson, responded to my written queries (which I have edited here for length) under the requirement that I attribute the answers to her and not Casscells. At the time of the interview, at least thirty prisoners at Guantánamo were being restrained and fed via enteral tube.

Here are the questions by Harper's senior editor Luke Mitchell

Go to the song producers blog to comment and learn more about this Cuban tradition:
radicalism.us   Music begins about :55 second into the video.

Medical personnel committed a "gross breach of medical ethics" by taking part in torture in Guantánamo, a leaked International Committee of the Red Cross document has revealed.

The 40-page confidential report, written in 2007, describes how medical staff working for the CIA monitored prisoners' vital signs to make sure they did not drown while being subjected to waterboarding, during which water is poured over a cloth placed over a person's nose and mouth.

Medical personnel were also said to be present when prisoners were shackled in a "stress standing position". The detainees were "monitored by health personnel who in some instances recommended stopping the method of ill-treatment, or recommended its continuation, but with adjustments", according to the report.

The Red Cross concluded: "The alleged participation of health personnel in the interrogation process and, either directly or indirectly, in the infliction of ill-treatment constituted a gross breach of medical ethics and, in some cases, amounted to participation in torture and/or cruel inhuman or degrading treatment."

These lyrics by Richard Stallman are set to the tune of the most famous Cuban song, Guantanamera. Before it became tied up with the concentration camp and torture center we've all come to know, Guantanamo was best known for the Cuban patriotic song Guantanamera. Although originally the story of a peasant girl from Guantanamo who broke the narrator's heart, "the Guantanamera became a popular vehicle for romantic, patriotic, humorous, or social commentary lyrics, in Cuba and elsewhere in the Spanish speaking world".

These lyrics to "Guantanamero" are from the point-of-view of a male prisoner

...guantanamera means "of Guantanamo (female)". "Guantanamero" means "of Guantanamo (male).

Get Adobe Flash Player to listen.

Richard Stallman (aka RMS) is an American software freedom activist, hacker and software developer. In September 1983, he launched the GNU Project Open Source (free) operating system,  started the free software movement and, in October 1985, set up and now leads the Free Software Foundation. At his urging, Wikipedia was founded. Thanks Richard.

Me odiaba mi primo
Por celos a mi carrera.
Lo arrestaron y dijo
Que terrorista yo era.

Guantanamero, soy preso guantanamero.
Guantanamero, soy preso guantanamero.

Ha decidido el imperio
Tenerme por siempre preso
Y la cuestión es hacerlo
Con o sin falso proceso.

Guantanamero, etc.

Cuando me hieren el cuerpo,
Dicen que no me torturan.
Causan heridas profundas
De esas que nunca se curan.

Guantanamero, etc.

No me permiten que duerma:
Mi fin no es un misterio.
Voy a salir cuando muera
O caiga el gran imperio.

Guantanamero, etc.

Translation:
My cousin hated me;
He was jealous of my career.
They arrested him and he said
I was a terrorist.

Guantanaman, I'm a Guantanaman prisoner.
Guantanaman, I'm a Guantanaman prisoner.

The empire has decided
To keep me in prison forever.
The question is whether to do it
With or without a fake trial.

Guantanaman, I'm a Guantanaman prisoner.
Guantanaman, I'm a Guantanaman prisoner.

When they injure my body
They say they are not torturing me.
They cause me grave wounds
Such as never heal.

Guantanaman, I'm a Guantanaman prisoner.
Guantanaman, I'm a Guantanaman prisoner.

They don't let me sleep:
My end is no mystery.
I will get out when I die
Or the great empire falls.

Guantanaman, I'm a Guantanaman prisoner.
Guantanaman, I'm a Guantanaman prisoner.

Today, London-based journalist and author of "The Guantanamo Files: The Stories of the 774 Detainees in America's Illegal Prison," releases the first definitive list of the 779 prisoners held in the United States prison of Guantanamo Bay, Cuba.

The list, which is the result of three years' research and writing about Guantánamo, provides details of the 533 prisoners who have been released, and includes, for the first time ever, accurate dates for their release. It also provides details of the 241 prisoners who are still held, including the 59 prisoners who have been cleared for release. Although some stories are still unknown, the stories of nearly 700 prisoners are referenced either by links to Andy's extensive archive of articles about Guantánamo, or to the chapters in "The Guantánamo Files"
where they can be found.

Andy Worthington underscores:

"It is my hope that this project will provide an invaluable research tool for those seeking to understand how it came to pass that the government of the United States turned its back on domestic and international law, establishing torture as official US policy, and holding men without charge or trial neither as prisoners of war, protected by the Geneva Conventions, nor as criminal suspects to be put forward for trial in a federal court, but as 'illegal enemy combatants.'

"I also hope that it provides a compelling explanation of how that same government, under the leadership of George W. Bush, Dick Cheney and Donald Rumsfeld, established a prison in which the overwhelming majority of those held -- at least 93 percent of the 779 men and boys imprisoned in total -- were either completely innocent people, seized as a result of dubious intelligence or sold for bounty payments, or Taliban foot soldiers, recruited to fight an inter-Muslim civil war that began long before the terrorist attacks of September 11, 2001, and that had nothing to do with al-Qaeda, Osama bin Laden or international terrorism."

Links to the list are included below:

Part 1 (ISNs 002 to 200):
http://www.andyworthington.co.uk/guantanamo-the-definitive-prisoner-list-part-1/

Part 2 (ISNs 201 to 496):
http://www.andyworthington.co.uk/guantanamo-the-definitive-prisoner-list-part-2/

Part 3 (ISNs 497 to 732):
http://www.andyworthington.co.uk/guantanamo-the-definitive-prisoner-list-part-3/

Part 4 (ISNs 743 to 10030):
http://www.andyworthington.co.uk/guantanamo-the-definitive-prisoner-list-part-4/

Propelling prisoners' heads into concrete walls by means of towels wrapped around their necks, savage beatings with fists and rifles that left prisoners crippled, hanging prisoners by the arms with their arms strung up behind them, depriving prisoners of sleep for weeks on end, which has been thought the worst torture possible for 500 years, causing prisoners to freeze -- sometimes to death, and waterboarding are but a partial list of the torture methods ordered by America's highest officials. In the "Preliminary Memorandum of the Justice Robert H. Jackson Conference on Federal Prosecutions of War Criminals," law school Dean Lawrence Velvel, the founder of the Jackson Conference, details the full spectrum of tortures performed in wholesale combinations -- not one torture by itself -- on detainees around the world. His Preliminary Memorandum is a precursor to a formal legal complaint to be filed with the Justice Department this spring.

The Preliminary Memorandum identifies 31 culprits and details the war crimes they committed, the laws they broke, and the many fulsome warnings they received regarding their actions from numerous governmental lawyers and officials high and low, including the Judge Advocate Generals of all the armed services. The culprits who should be prosecuted include Bush, Cheney, Gonzales, Addington, Tenet, Bybee, Yoo, Haynes, Chertoff and others. Furthermore, the Preliminary Memorandum calls the Bush administration's illegal acts "an attempted constitutional revolution that succeeded for years." It began six days after 9/11, when Bush secretly gave the CIA permission to "murder . . . people all over the world." It continued in a series of secret, wholly specious legal memos authorizing torture, electronic eavesdropping, wholesale violations of law, and Presidential usurpation of the role of Congress.

Public pressure eventually forced the administration to declassify a few of the memos. These purported to authorize war crimes outlawed by the Geneva Conventions and U.S. anti-torture laws. Among them was John Yoo's infamous "torture memo" defining torture as "requiring the pain associated with organ failure or death," saying torture supposedly couldn't exist if the torturer wanted information, and urging that the President could do anything he wanted, including paying no attention whatever to Congressional laws. Meanwhile, Bush administration officials and lawyers ignored extensive warnings given them by government officials that they were engaging in criminal acts; the warnings were given both orally and in extensive memos.

By ANDREW O. SELSKY, Associated Press

FACING UP TO GUANTÁNAMO

ADD TO CART

EXPORT TO OUTLOOK

EVENT DATE

• 2/11/2009   6:00 PM - 7:15 PM
  Please arrive early for registration

LOCATION

• World Affairs Council Auditorium

ADDRESS

• 312 Sutter Street 
  Second Floor
  San Francisco, California 94108

SPEAKER(S)

Elizabeth Farnsworth, Senior Correspondent, The NewsHour with Jim Lehrer

Laurel Fletcher, Director, International Human Rights Law Clinic, University of California, Berkeley

Eric Stover, Director, Human Rights Center, University of California, Berkeley

EVENT DETAILS

Having denounced the detention camp as a "sad chapter in American history," President Obama has vowed to restore our nation's moral stature by closing the controversial facility.  As the world awaits definitive action, the Council welcomes Laurel Fletcher and Eric Stover, co-authors of Guantánamo and its Aftermath, an in-depth study of former detainees.  In a conversation led by Elizabeth Farnsworth, Fletcher and Stover will discuss the implications of their study's findings, explore what measures are currently being taken by the US government and human rights organizations on Guantánamo, and propose recommendations for the Obama administration.      

Advanced registration is recommended for guaranteed seating. However, pre-registration is not required and walk-ins on the day of this program are welcome.

by Andy Worthington
January 12, 2009, The Huffington Post

Seven years ago, on January 11, 2002, when photos of the first orange-clad detainees to arrive at a hastily-erected prison at Guantánamo Bay, Cuba were made available to the world's press, defense secretary Donald Rumsfeld reacted to the widespread uproar that greeted the images of the kneeling, shackled men, wearing masks and blacked-out goggles and with earphones completing their sensory deprivation, by stating that it was "probably unfortunate" that the photos were released.

As so often with Rumsfeld's pronouncements, it was difficult to work out quite what he meant. He appeared to be conceding that newspapers like Britain's right-wing Daily Mail, which emblazoned its front page with the word "torture," had a valid point to make, but what he actually meant was that it was unfortunate that the photos had been released because they had led to criticism of the administration's anti-terror policies.

Rumsfeld proceeded to make it clear that he had no doubts about the significance of the prisoners transferred to Guantánamo, even though their treatment was unprecedented. They were, in essence, part of a novel experiment in detention and interrogation, which involved being held neither as prisoners of war nor as criminal suspects but as "enemy combatants" who could be imprisoned without charge or trial. In addition, they were deprived of the protections of the Geneva Conventions so that they could be coercively interrogated, and then, when they did not produce the intelligence that the administration thought they should have produced, they were -- as a highly critical Senate Armed Services Committee report concluded last month -- subjected to Chinese torture techniques, taught in U.S. military schools to train American personnel to resist interrogation if captured.

But none of this mattered to Donald Rumsfeld. "These people are committed terrorists," he declared on January 22, 2002, in the same press conference at which he spoke about the photos. "We are keeping them off the street and out of the airlines and out of nuclear power plants and out of ports across this country and across other countries." On a visit to Guantanamo five days later, he called the prisoners "among the most dangerous, best-trained, vicious killers on the face of the earth."

Seven years after Guantanamo opened, it should be abundantly clear that neither Rumsfeld nor Vice President Dick Cheney, President Bush or any of the other defenders of Guantanamo who indulged in similarly hysterical rhetoric, had any idea what they were talking about.

Continue reading Worthington's Seven Years of Guantanamo, Seven Years of Torture and Lies.

Are US Officials Guilty of War Crimes?
by Andy Worthington

Will the Bush administration be held accountable for war crimes? The answer ought to be yes, if the verdict of the Senate Armed Services Committee Inquiry into the Treatment of Detainees in US Custody is to mean anything. The bipartisan report, released on December 11 by senators Carl Levin and John McCain, concluded that the torture and abuse of prisoners was the direct result of policies authorized or implemented by senior officials within the current administration, including President George W. Bush, former Defense Secretary Donald Rumsfeld, and Vice President Dick Cheney's former legal counsel (and now chief of staff) David Addington.

Since the scandal of the abuse of prisoners at Abu Ghraib prison in Iraq broke in April 2004, over a dozen investigations have identified problems concerning the treatment of prisoners in Iraq, Afghanistan and Guantanamo, but until now no official report has looked up the chain of command to blame senior officials for authorizing torture and instigating abusive policies. The Bush administration has been able to maintain, as it did in the wake of the Abu Ghraib scandal, that any abuse was the result of the rogue activities of "a few bad apples."

This is now untenable. As the report states: "The abuse of detainees in US custody cannot simply be attributed to the actions of 'a few bad apples' acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees. Those efforts damaged our ability to collect accurate intelligence that could save lives, strengthened the hand of our enemies, and compromised our moral authority."

Though containing little new information, the report is damning in its revelation of how senior officials sought out and approved the reverse engineering of techniques taught in the US military's SERE schools (Survival, Evasion, Resistance, Escape) for use on prisoners captured in the "war on terror." These include "stripping detainees of their clothing, placing them in stress positions, putting hoods over their heads, disrupting their sleep, treating them like animals, subjecting them to loud music and flashing lights, and exposing them to extreme temperatures." In some circumstances, the measures also included waterboarding, a notorious torture technique which involves controlled drowning.

After noting that these techniques were taught to train personnel "to withstand interrogation techniques considered illegal under the Geneva Conventions," and that they are "based, in part, on Chinese Communist techniques used during the Korean war to elicit false confessions," the authors laid out a compelling timeline for the introduction of the techniques, beginning with a crucial memorandum issued by Bush on February 7, 2002. This stated that the protections of the Geneva Conventions, which the authors noted "would have afforded minimum standards for humane treatment," did not apply to prisoners seized in the "war on terror."

Having established Bush's role as the initial facilitator of abuse, the report then implicated those directly responsible for implementing torture, explaining how Pentagon general counsel William J. Haynes II began soliciting advice from the agency responsible for SERE techniques in December 2001, and how Addington, Justice Department legal adviser John Yoo, and White House counsel Alberto Gonzales attempted to redefine torture in the notorious "Torture Memo" of August 2002. The memo claimed that the pain endured "must be equivalent to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death."

The authors also noted how Rumsfeld approved the use of SERE techniques at Guantanamo in December 2002 (after Haynes had consulted with other senior officials), and explained how the techniques migrated to Afghanistan in January 2003, and were implemented by Lieutenant General Ricardo Sanchez, the commander of coalition forces in Iraq, in September 2003.

Even so, the report is not without its faults. The authors carefully refrained from ever using the words "torture" or "war crimes," which is a considerable semantic achievement, but one that does little to foster a belief that the officials involved will one day be held accountable for their crimes. They also, curiously, omitted all mention of Vice President Dick Cheney, and ignored the importance of the presidential order of November 2001, which authorized the capture and indefinite detention of "enemy combatants," even though Barton Gellman of The Washington Post has established that Cheney played a significant role in this and all the other crucial documents that led to the torture and abuse of detainees.

Responses in the US media have been mixed. Oddly, most major media outlets chose to focus solely on Rumsfeld's responsibility for implementing abusive techniques. More thoughtful commentators have questioned whether Barack Obama would pursue those responsible, noting that he will be unwilling to antagonize Republicans, whose support he needs to tackle the economic crisis, and that many Democrats in Congress knew about the administration's policies, and in some cases were involved in approving them. A recent article in The Nation noted that such complicity made "an unfettered review seem unlikely," but the article also noted, more hopefully: "A growing body of legal opinion holds that Obama will have a duty to investigate war crimes allegations and, if they are found to have merit, to prosecute the perpetrators."

As of December 17, those concerned with pursuing Bush administration officials for war crimes can at least be assured that the perpetrators now include Cheney. In an interview with ABC News, the vice president stuck to a now-discredited script, declaring "we don't do torture, we never have," but admitted for the first time that he knew about the use of waterboarding on a handful of "high-value detainees," and that he considered its use in their cases "appropriate."

Only time will tell if Cheney's admission will be regarded as a stalwart defense of national security, or as the last defiant gesture of a war criminal.

by Jonathan Shaw, Harvard Magazine, January-February 2009

Huzaifa Parhat, a fruit peddler, has been imprisoned at Guantánamo Bay Detention Center for the last seven years. He is not a terrorist. He's a mistake, a victim of the war against al Qaeda. An interrogator first told him that the military knew he was not a threat to the United States in 2002. Parhat hoped he would soon be free, reunited with his wife and son in China. Again, in 2003, his captors told him he was innocent. Parhat and 16 other Uighurs, a Muslim ethnic minority group, were living in a camp west of the Chinese border in Afghanistan when the U.S. bombing campaign against the Taliban destroyed the village where they were staying. They fled to Pakistan, but were picked up by bounty hunters to whom the U.S. government had offered $5,000 a head for al Qaeda fighters.

The Uighurs were officially cleared for release in 2004, but they remain at Guantánamo. They cannot be repatriated to China, because they might be tortured, and no other country will take them. The U.S. government does not want to allow them into the United States for fear of setting a precedent that might open the door for detainees it still considers dangerous. In 2006, after again being told that they were innocent, and becoming desperate, some of the Uighurs began mouthing off to their captors. They were sent for a time to Camp Six, a $30-million "supermax" prison for holding al Qaeda suspects in isolated cells.

In the tomb-like confines of this concrete prison, some of them began to crack up, says P. Sabin Willett '79, J.D. '83, a Boston-based attorney with Bingham McCutchen, the firm that has represented the Uighurs pro bono since 2005. "The Department of Defense has studied what happens to human beings when they are left alone in spaces like this for a long time and it is grim," Willett notes. "The North Koreans did this to our airmen in the 1950s. The U.S. ambassador to the United Nations went to the floor of the General Assembly and denounced the practice as a step back to the jungle."

Continue reading The War and the Writ: Habeus Corpus and Security in an Age of Terrorism.

Barack Obama storms the Guantanamo Bay torture chamber

By Tim Shipman

The 'terrorism trial of the decade' begins on Monday in Guantánamo Bay - so why is the US President-Elect planning to derail it?

On Monday morning, a heavy-set man in thick spectacles will be led from a concrete cell, whose narrow-slit window overlooks the Caribbean, by soldiers whose name tags have been removed from their uniforms and replaced with a Velcro strip reading: "I don't know".

He will be taken to a maximum-security courtroom to sit with four co-defendants 30 ft from a glass wall -- all that will separate him from 10 families who lost loved ones in the terrorist atrocities for which he has claimed credit.

The moment marks the start of five days of trial hearings against Khalid Sheikh Mohammed, the self-styled architect of the September 11 attacks and one-time number three in the al-Qaeda hierarchy. The guards at the Guantánamo Bay detention camp, scene of the military tribunal, will be anonymous, to prevent reprisal attacks on their families.

The KSM trial -- as its primary defendant is known in security circles -- ought to be a moment of catharsis for America. It will be pregnant with meaning for the Bush administration, which will have just 43 days left in power; for President-Elect Barack Obama, who has vowed to close the detention camp; and for Alice Hoagland, who will sit behind the glass screen looking at the man responsible for the death of her son, Mark Bingham. He died on United Airlines Flight 93, which plunged into the Pennsylvania countryside after passengers tried to take back the hijacked aircraft.

But what is being dubbed "the terrorism trial of the decade" could be in vain if Mr Obama tears up the laws under which it is being conducted.

The US Supreme Court ruled in June that the detainees have a right to go before federal judges, but officials in the Bush administration pushed to have Guantánamo's most notorious captives tried before the President leaves the White House next month.

Lt-Col Darrel Vandeveld, a former Guantánamo prosecutor who resigned over what he calls a culture of secrecy and mismanagement at the base, said: "It's clear that civilians running the commissions wanted to charge the 9/11 defendants to meet an arbitrary deadline.They wanted to rush what they viewed as the 'worst of the worst' through the system, regardless of the evidence or whether it had been obtained by waterboarding or other forms of torture."

KSM is one of three detainees the CIA admits to waterboarding, an "enhanced interrogation" technique that simulates drowning.

Clive Stafford Smith, the lawyer representing the former British resident Binyam Mohamed, awaiting trial in Guantánamo, is dismissive of the KSM trial: "This is just a PR exercise. Nothing will come of it. It will all be shut down before the trial is completed." Everything said in the courtroom will be broadcast to the watching press and families on a 20-second delay, so that classified material on their treatment can be muted. 

Continue reading here.

HOPE IS DYING...  

photo: Fred R. Conrad/The New York Times

 

By Marjorie Cohn, Jurist Legal News and Research. Posted November 29, 2008.

Since the Bush administration began transporting men and boys to Guantánamo Bay in January 2002, it has tried to prevent them from presenting their cases before a neutral federal judge. Indeed, the naval base was turned into a prison camp precisely to keep the detainees away from impartial courts. The government argued that federal courts had no jurisdiction over men detained on Cuban soil. Twice, the Supreme Court rejected that argument, finding that the United States exercises complete jurisdiction and control over the Guantánamo Bay base.

Finally, on November 20, in a stunning development, U.S. District Court Judge Richard J. Leon ordered the government to release five Guantánamo Bay detainees "forthwith." Finding that the government failed to prove the men were "enemy combatants," the judge, in a rare comment, urged senior government leaders not to appeal his ruling. 

"Seven years of waiting for a legal system to give them an answer ... in my judgment is more than enough," he said.
 

The five detainees the judge ordered released are Lakhdar Boumediene, Mustafa Ait Idir, Hadj Boudella, Saber Lahmar and Mohammed Nechla. Judge Leon did, however, find that a sixth detainee, Belkacem Bensayah, was properly classified an enemy combatant...

http://www.alternet.org/rights/109083/