Why aren't most of our politicians in jail by now? On a side note, who in the hell does Bush think he is, allowing torture of these people to continue, then calling reports of this torture absurd, and Cheney claiming he's offended by it? Personally, if I were one of those tortured prisoners and suffered under such abuse, the very first thing I'd do when released would be an attempt to kill both those bastards. I'd be ****ing ****ed! And here one of the reasons this torture occurs, Bush himself, if upset that Amnesty dared to report on this abuse? As if they are supposed to kiss his ass every step of the way and try to please 'his majesty'? His majesty can go **** himself with Ann Coulter's surgically removed penis for all I care. He's a traitor to the United States of America, our constitution, and to we the people, pure and simple. I quote:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Article VI Clause II. Guess what? Gauntanamo's prison and this rampant torture violates the Geneva conventions and thus our Constitution since we agreed!
http://www.msnbc.msn.com/id/8040551/
Tales of abuse in Guantanamo testimony
Tribunal transcripts offer glimpse into prison
The Associated Press
Updated: 1:16 a.m. ET May 31, 2005
One Guantanamo prisoner told a military panel that American troops beat him so badly he wets his pants now. Another detainee claimed U.S. troops stripped prisoners in Afghanistan and intimidated them with dogs so they would admit to militant activity.
Tales of alleged abuse and forced confessions are among some 1,000 pages of tribunal transcripts the U.S. government released to The Associated Press under a Freedom of Information Act lawsuit — the second batch of documents the AP has received in 10 days.
The testimonies offer a glimpse into the secretive world of Guantanamo Bay, Cuba, where about 520 men from 40 countries remain held, accused of having links to Afghanistan’s ousted Taliban regime or Osama bin Laden’s al-Qaida network. Many have been held for three years.
Whether the stories are true may never be known. And it wasn’t immediately clear how many abuse allegations had been logged from the tribunals or how many of them had been investigated. Dozens of complaints have surfaced from detention missions in Afghanistan, Iraq and Guantanamo, but the government couldn’t offer a breakdown Monday.
One detainee, whose name and nationality were blacked out like most others in the transcripts, said his medical problems from alleged abuse have not been taken seriously.
‘They take it as a joke’
“Americans hit me and beat me up so badly I believe I’m sexually dysfunctional. I don’t know if I’ll be able to sleep with my wife or not,” he said. “I can’t control my urination, and sometimes I put toilet paper down there so I won’t wet my pants.”
“I point to where the pain is. ... I think they take it as a joke and they laugh.”
The tribunal president promised to take up the man’s medical complaint, but in five pages of questioning, never brought up the alleged abuse.
The panel members were charged with determining whether the men were enemy combatants — not with investigating abuse allegations, said a military spokeswoman, Navy Capt. Beci Brenton. She said tribunal members are supposed to forward abuse allegations to the Joint Task Force running the detention mission, which then forwards them to U.S. Southern Command in Miami.
In a statement Sunday, the Pentagon said many of the men have been trained to lie. U.S. troops treat detainees humanely and “U.S. policy condemns and prohibits torture,” the statement said, adding that authorities take claims of abuse seriously.
Since its construction three years ago after the Sept. 11 terror attacks, the prison camp at Guantanamo has come under scrutiny by critics who contend it has outlived its usefulness, producing scant intelligence information and stoking anti-American hatred.
The government had refused to provide the bulk of the testimonies made during the hearings unless reporters traveled to the remote base in eastern Cuba. It was only after the AP’s lawsuit and the tribunals that ended in January that the government released dozens of transcripts.
Only four men charged to date
The tribunals were hastily established after the U.S. Supreme Court ruled in June that Guantanamo prisoners could challenge their detentions before U.S. courts, dealing a blow to the government’s argument that as foreigners on foreign soil they had no legal recourse.
With only four men charged to date and military trials stalled because of appeals in U.S. courts, it may be even longer before the fate of the prisoners is sorted out.
The enemy combatant tribunals ended with 38 of 580 detainees ordered released, with more than 20 freed so far. Now the U.S. military is conducting review board hearings to determine whether the prisoners hold valuable intelligence information or if they present a threat.
About half of the detainees refused to attend the enemy combatant hearings, where they were represented by military-appointed lawyers. Although they were not allowed their own attorneys, some of their testimonies have been entered as evidence in the U.S. court cases.
The ones who attended seemed eager to tell their stories — the first chance for many aside from talking with prison guards and interrogators.
One man claimed he was working with the Americans and the U.S.-backed Northern Alliance.
“I was working with you and now I am here, and I see those people here that I helped capture in Afghanistan,” said the purported former commander, adding he fears if he’s ever released to his country he will be killed because of information he has provided to the Americans.
Stories of false accusations abound. One prisoner said he was in Afghanistan to buy heroin so he could sell it to open a nightclub in Europe, another said he was a goat herder — while others said they offered false confessions to their captors to make alleged abuse stop.
A 24-year-old detainee said he confessed to giving a militant group the names and serial numbers of security personnel assigned to Afghanistan’s President Hamid Karzai but “I said this under torture.” He described how an American interrogator “threatened me with a gun to my mouth, to try to make me say something.”
The tribunal president asked him about the alleged torture, established it was purportedly carried out at a U.S. facility in Kabul by an American, then moved on to other questions.
Given a Bible
Another Muslim prisoner from Uzbekistan talked of abuse he had suffered and how he was given a Bible — not a Quran.
The testimonies also brought up allegations that interrogators — hastily recruited after the Sept. 11 terror attacks — may have manipulated the confessions.
“When I was in the Kandahar prison, the interrogator hit my arm and told me I received training in mortars,” a man said, referring to the U.S. detention camp in western Afghanistan where the Taliban rose to power.
“As he was hitting me, I kept telling him, no I didn’t receive training. I was crying and finally I told him I did receive the training. My hands were tied behind my back and my knees were on the ground and my head was bleeding. I was in a lot of pain. ... At that point, with all my suffering, if he had asked me if I was Osama bin Laden, I would have said yes.
“What is my crime? Because of the United States, my hand is handicapped. I can’t work.”
Another man alleged that U.S. troops stripped the prisoners of their clothes in Afghanistan and bullied them into saying things the Americans wanted to hear.
“Americans were beating us really hard, and they had dogs behind us and they said if we didn’t say this, they would release the dogs,” he said.
The tribunal president made no comment and moved on to the next question: Where were you born?
While most of the prisoners denied the accusations that led to their imprisonment, some freely admitted joining the Taliban but wanted to be charged and tried for their alleged crimes.
“It seems like you are keeping and detaining innocent people,” said one detainee, accused of asking Afghan soldiers for guns to fight Americans.
‘Is this really happening?’
Although detainees sought to call witnesses from abroad to vouch for them during the tribunals, many requests were rejected as irrelevant and approved witnesses didn’t appear because requests to their government to track them down got no response, according to the transcripts. In more than 3,500 pages of testimonies, the only witnesses are other detainees.
“All the rules in the United States and in the world, the person is innocent until you prove he is guilty, not innocent. But here, with Americans, the detainees are guilty until proven innocent,” one detainee complained.
One prisoner told the tribunal that some of his fellow detainees at Guantanamo are sick and elderly. “I found my brothers being tortured in Kandahar and here,” he said.
He compared his detention at Guantanamo to the 1998 Hollywood movie “The Siege,” in which Arabs are indiscriminately hunted down and detained in New York City after a terrorist attack.
“I was shocked, thinking am I in that movie or on a stage in Hollywood? Is this really happening? Sometimes I laugh at myself and say when does that movie end?” he says.
© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://web.amnesty.org/report2005/2am-index-eng
Americas: Regional overview 2004
Respect for human rights remained an illusion for many as governments across the Americas failed to comply with their commitments to uphold fundamental human rights. Widespread torture, unlawful killings by police and arbitrary detention persisted. The US-led “war on terror” continued to undermine human rights in the name of security, despite growing international outrage at evidence of US war crimes, including torture, against detainees.
Democratic institutions and the rule of law were at risk throughout much of Latin America. Political instability – fuelled by corruption, organized crime, economic disparities and social unrest – resulted in several attempts to bring down governments. Most were by constitutional means but some, as in Haiti, by-passed the democratic process.
Political armed groups and criminal gangs, principally those engaged in drug trafficking, had an increasing impact on people’s fundamental rights. Poverty and discrimination affected millions of people, particularly the most vulnerable groups – women, children, indigenous people and Afro-descendant communities.
Positive developments were seen in the vigorous campaigns maintained by human rights defenders, who held both governments and armed groups to account, in defiance of harassment and persecution. Courts in several countries gave rulings that brought closer the prospect of bringing to trial military and political leaders responsible for massive human rights violations in previous decades.
National security and the ‘war on terror’
The blatant disregard for international human rights and humanitarian law in the “war on terror” continued to make a mockery of President George Bush’s claims that the USA was the global champion of human rights. Images of detainees in US custody tortured in Abu Ghraib prison in Iraq shocked the world. War crimes in Iraq, and mounting evidence of the torture and ill-treatment of detainees in US custody in other countries, sent an unequivocal message to the world that human rights may be sacrificed ostensibly in the name of security.
President Bush’s refusal to apply the Geneva Conventions to those captured during the international armed conflict in Afghanistan and transferred to the US naval base at Guantánamo Bay, Cuba, was challenged by a judicial decision in November. The ruling resulted in the suspension of trials by military commission in Guantánamo, and the government immediately lodged an appeal. The US administration’s treatment of detainees in the “war on terror” continued to display a marked ambivalence to the opinion of expert bodies such as the International Committee of the Red Cross and even of its own highest judicial body. Six months after the Supreme Court ruled that the federal courts had jurisdiction over the Guantánamo detainees, none had appeared in court. Detainees reportedly considered of high intelligence value remained in secret detention in undisclosed locations. In some cases their situation amounted to “disappearance”.
The “war on terror” and the “war on drugs” increasingly merged, and dominated US relations with Latin America and the Caribbean. Following the US elections in November, the Bush administration encouraged governments in the region to give a greater role to the military in public order and internal security operations. The blurring of military and police roles resulted in governments such as those in Brazil, Guatemala, Honduras, Mexico and Paraguay deploying military forces to deal with crime and social unrest.
The US doubled the ceiling on the number of US personnel deployed in Colombia in counter-insurgency and counter-narcotics operations. The Colombian government in turn persisted in redefining the country’s 40-year internal conflict as part of the international “war on terror”.
Conflict, crime and instability
Civilians continued to be the principal victims of political violence. The human rights situation in Colombia remained critical, its civilians targeted by all sides in the conflict: the security forces, army-backed paramilitaries and armed opposition groups. Despite an agreed ceasefire and demobilization of some combatants, paramilitary forces were again responsible for widespread abuses. Security policies introduced by the government drew civilians further into the conflict.
Further evidence of spill-over from Colombia’s internal war was seen in neighbouring countries. Frequent border skirmishes were reported in Venezuela and Ecuador, where the number of Colombians seeking refuge grew.
Political polarization and instability continued to affect Venezuela for much of the year. Levels of violence and protests diminished briefly after a referendum failed to unseat President Hugo Chávez, but the death of a high-profile special prosecutor in a car bombing raised fears of renewed political violence.
Long-standing instability in Haiti reached crisis levels after a military uprising toppled the government of President Jean Bertrand Aristide. Political violence and widespread human rights violations persisted, despite the presence of a UN military and police force. The severe loss of life and structural damage caused by a hurricane in September exacerbated instability and the breakdown of the rule of law, hampering distribution of international aid.
In a report on Guatemala, the UN warned that failure to bring about effective social, economic and political reforms could promote conflict.
Public protests against violent crime, particularly kidnapping, spread throughout Latin America. Crime levels remained high in Mexican and Brazilian cities, and in parts of Central America where poverty combined with the easy availability of weapons and the legacy of civil wars. Governments responded with tougher legislation, which sometimes violated constitutional and human rights safeguards. Vigilantism and mob lynchings of suspected criminals were reported in countries including Guatemala, Mexico and Peru, where confidence in the security forces continued to evaporate.
Impunity for human rights violations
Despite setbacks, efforts across the region to combat impunity for gross human rights violations in previous decades continued to gain momentum.
A series of rulings and actions based on international jurisdiction showed that military and security chiefs whose forces were responsible for human rights violations could no longer escape trial. An Argentine court issued an international warrant for the arrest of former Paraguayan President Alfredo Stroessner for his alleged involvement in human rights violations committed under Operation Cóndor, a joint plan to eliminate opponents by military governments of the 1970s and 1980s in Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. Spain’s Supreme Court confirmed that the Spanish justice system had jurisdiction to try former Argentine navy officer Adolfo Scilingo for human rights violations under the military government of 1976-83. More than 20 years after the alleged crimes, a former Honduran intelligence chief faced a civil action in the US courts brought by relatives of Hondurans tortured and killed in the 1980s.
National courts also made significant, if slow, progress in shedding light on past human rights violations. The Chilean Supreme Court lifted former President Augusto Pinochet’s immunity from prosecution, allowing proceedings to be opened against him for human rights violations during Operation Cóndor.
In Brazil, the Supreme Court ordered the federal government to open files on the military operations against armed opposition groups in the region of Araguaia, state of Pará, during the military dictatorship. These may enable relatives finally to locate the bodies of victims of military actions.
Military and police courts continued to claim jurisdiction, despite recommendations by international human rights bodies. In Bolivia, the military initially rejected a Constitutional Court ruling that officers charged with offences against civilians should be tried in civilian courts. In Peru and Colombia, cases of human rights violations continued to be transferred to military courts in spite of rulings by the respective Constitutional Courts that they had jurisdiction only over offences committed “in the line of duty”. In Ecuador, police courts still claimed jurisdiction in cases involving abuses by police agents although the authorities had given assurances that they would be heard by civilian courts.
Trial before civilian courts was no guarantee of justice, however. In Colombia, against all the evidence, charges were withdrawn against former General Rito Alejo del Río, indicted for forming illegal paramilitary groups responsible for human rights violations in the 1990s.
The USA continued to pressure governments throughout the region to sign unlawful immunity agreements shielding US personnel from surrender to the International Criminal Court. Of 12 countries that had refused to sign, 10 had some military aid suspended as a result. In November the US Congress threatened to cut off development aid to countries that refused to sign.
Death penalty
The USA continued to flout international human rights standards by inflicting the death penalty on child offenders, people with mental disabilities, defendants without access to effective legal representation, and foreign nationals denied their consular rights. In 2004, 59 executions were carried out by a capital justice system characterized by arbitrariness, discrimination and error. Scheduled executions of a number of child offenders were stayed pending a Supreme Court ruling on the case of a death row prisoner aged 17 at the time of the crime.
No judicial executions were carried out in the Caribbean, but the Judicial Committee of the Privy Council – the final court of appeal for most of the English-speaking Caribbean – reopened the possibility of a resumption of executions in Trinidad and Tobago by overturning a decision that the mandatory death penalty was unconstitutional. It ruled that mandatory death sentences for capital murder violated the Jamaican Constitution, and ordered new sentencing hearings for Jamaica’s death row inmates. It also ruled that the mandatory death penalty was constitutional
in Barbados.
Economic, social and cultural rights
Economic indicators improved in Latin America after a prolonged period of stagnation. However, growth was insufficient to significantly affect poverty levels. Extreme disparities in wealth, and in access to basic rights such as education, health, water and electricity, continued. Inequalities were persistently driven by race and ethnicity, particularly for indigenous and Afro-descendant peoples, who are among the poorest in the region.
According to a UN study on the spread of HIV/AIDs, the Caribbean is the second most affected region in the world. Social attitudes such as homophobia and stigmatization are cited by the UN among factors contributing to the spread of the epidemic.
Severe political violence and instability in Haiti exacerbated the long-standing denial of basic rights, including access to health services as the breakdown in health provision reached crisis proportions.
Disputes over land and labour conditions on plantations continued to fuel protracted conflicts and human rights violations in countries such as Bolivia, Brazil, Chile, Guatemala and Paraguay. Both protesters and police officers were killed as claims for access to land by landless peasant families brought them into conflict with large landowners backed by the security forces or hired gunmen.
By the end of 2004, Central American governments and the Dominican Republic had approved a free trade agreement with the USA. Civil society groups raised concerns about the lack of guarantees on labour rights, on protection of the environment and on continued access to affordable medicines. In December, 12 South American countries signed an agreement to create a political and economic regional bloc.
Violence against women
Women and girls remained at serious risk of human rights violations across the Americas. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women – which marked its 10th anniversary – had received more ratifications than any other treaty on human rights in the region. Only Canada and the USA had failed to ratify. However, its provisions were largely ignored by governments across the region, and gender-related violence against women remained endemic in the home and the community.
A UN report on the state of the world’s cities stated that Latin America had the highest risk of all types of sexual victimization, with approximately 70 per cent of reported incidents described as rapes, attempted rapes or indecent assaults. Despite efforts by the Mexican authorities, there were further killings of women in the state of Chihuahua, and the horrific brutality that characterized killings of women in Guatemala gave cause for growing international concern.
Women were particularly vulnerable in situations of conflict. In Colombia, all parties to the conflict subjected women and girls to sexual violence, including rape and genital mutilation. They were targeted to sow terror, wreak revenge on adversaries and accumulate “trophies of war”.
There was a growing awareness of the impact of people trafficking in the Americas on human rights, particularly of women and girls. According to a study by the Organization of American States, over 100,000 men, women and children were “trafficked” across Latin America and the Caribbean each year, 80 per cent of them women and most for the purposes of sexual exploitation.
Human rights defenders
Human rights activists across the Americas campaigned vigorously to hold governments and armed groups to their obligations to respect international and domestic human rights standards.
Women’s rights activists were acclaimed in Colombia for their work for thousands of innocent victims of conflict and for the meaningful involvement of women in peace negotiations and the political process. Indigenous activists in Ecuador championed their community’s rights to defend their livelihoods during disputes over the extraction of natural resources. Despite public hostility and prejudice, the work of Jamaican and Honduran sexual rights activists to promote equal rights and HIV/AIDS prevention was increasingly recognized and supported by human rights organizations at the international level.
The difficulties and dangers faced by activists in the Americas ranged from intimidation and restrictions on travel, to unfounded accusations of “terrorist” links or other violent activities, arbitrary detention, false criminal charges, and even death. Activists working locally on rural poverty and development, often in isolated areas, and journalists covering issues such as corruption were killed in Brazil, Colombia, Guatemala and Mexico.
On the international stage, governments gave commitments to support the work of human rights activists. However, some undermined the integrity of these pledges by tolerating slanderous statements by high-ranking government officials against those working for human rights. Appeals by women’s rights activists for the authorities to examine their concerns and proposals seriously were frequently dismissed
or ignored.
Only one government, Brazil, responded to a request by both the UN Special Representative on Human Rights Defenders and by AI for governments to draft, publish and make operational plans to implement the UN Declaration on Human Rights Defenders.
Regional initiatives
During the European Union/Latin America and Caribbean Summit in May, AI highlighted its concerns about the use of the judicial system to persecute human rights defenders. Delegates from AI’s International Secretariat and from AI sections in the region attended the Americas Regional Social Forum in Quito, Ecuador, in August. In the same month, AI also participated in the III Human Rights Defenders Consultation in São Paulo, Brazil.
http://www.msnbc.msn.com/id/8046041/
Bush blasts
Amnesty report
on Guantanamo
President says document is an ‘absurd report’
The Associated Press
Updated: 9:00 p.m. ET May 31, 2005
WASHINGTON - A human rights group's report about conditions at the U.S. military's prison at Guantanamo Bay is "absurd," President Bush told reporters Tuesday.
The Amnesty International report, released last week, said prisoners at the U.S. Navy base had been mistreated and called for the prison to be shut down.
The president, addressing a news conference at the White House, said the Amnesty document was an “absurd report.”
“It’s absurd. It’s an absurd allegation. The United States is a country that promotes freedom around the world,” Bush said of the report, which compared Guantanamo to a Soviet-era gulag.
He said the Amnesty allegations were based on interviews with detainees, who hated America and were trained to lie.
Bush's remarks echoed similar criticism by Vice President Dick Cheney.
“Frankly, I was offended by it,” Cheney said in the videotaped interview with CNN's Larry King. “For Amnesty International to suggest that somehow the United States is a violator of human rights, I frankly just don’t take them seriously.”
Washington’s defense of its detention and interrogation practices comes after weeks of international criticism and violent protests by Muslims outraged at reports — which the Pentagon says are false — that an interrogator at Guantanamo had flushed pages of the Quran down a toilet.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Article VI Clause II. Guess what? Gauntanamo's prison and this rampant torture violates the Geneva conventions and thus our Constitution since we agreed!
http://www.msnbc.msn.com/id/8040551/
Tales of abuse in Guantanamo testimony
Tribunal transcripts offer glimpse into prison
The Associated Press
Updated: 1:16 a.m. ET May 31, 2005
One Guantanamo prisoner told a military panel that American troops beat him so badly he wets his pants now. Another detainee claimed U.S. troops stripped prisoners in Afghanistan and intimidated them with dogs so they would admit to militant activity.
Tales of alleged abuse and forced confessions are among some 1,000 pages of tribunal transcripts the U.S. government released to The Associated Press under a Freedom of Information Act lawsuit — the second batch of documents the AP has received in 10 days.
The testimonies offer a glimpse into the secretive world of Guantanamo Bay, Cuba, where about 520 men from 40 countries remain held, accused of having links to Afghanistan’s ousted Taliban regime or Osama bin Laden’s al-Qaida network. Many have been held for three years.
Whether the stories are true may never be known. And it wasn’t immediately clear how many abuse allegations had been logged from the tribunals or how many of them had been investigated. Dozens of complaints have surfaced from detention missions in Afghanistan, Iraq and Guantanamo, but the government couldn’t offer a breakdown Monday.
One detainee, whose name and nationality were blacked out like most others in the transcripts, said his medical problems from alleged abuse have not been taken seriously.
‘They take it as a joke’
“Americans hit me and beat me up so badly I believe I’m sexually dysfunctional. I don’t know if I’ll be able to sleep with my wife or not,” he said. “I can’t control my urination, and sometimes I put toilet paper down there so I won’t wet my pants.”
“I point to where the pain is. ... I think they take it as a joke and they laugh.”
The tribunal president promised to take up the man’s medical complaint, but in five pages of questioning, never brought up the alleged abuse.
The panel members were charged with determining whether the men were enemy combatants — not with investigating abuse allegations, said a military spokeswoman, Navy Capt. Beci Brenton. She said tribunal members are supposed to forward abuse allegations to the Joint Task Force running the detention mission, which then forwards them to U.S. Southern Command in Miami.
In a statement Sunday, the Pentagon said many of the men have been trained to lie. U.S. troops treat detainees humanely and “U.S. policy condemns and prohibits torture,” the statement said, adding that authorities take claims of abuse seriously.
Since its construction three years ago after the Sept. 11 terror attacks, the prison camp at Guantanamo has come under scrutiny by critics who contend it has outlived its usefulness, producing scant intelligence information and stoking anti-American hatred.
The government had refused to provide the bulk of the testimonies made during the hearings unless reporters traveled to the remote base in eastern Cuba. It was only after the AP’s lawsuit and the tribunals that ended in January that the government released dozens of transcripts.
Only four men charged to date
The tribunals were hastily established after the U.S. Supreme Court ruled in June that Guantanamo prisoners could challenge their detentions before U.S. courts, dealing a blow to the government’s argument that as foreigners on foreign soil they had no legal recourse.
With only four men charged to date and military trials stalled because of appeals in U.S. courts, it may be even longer before the fate of the prisoners is sorted out.
The enemy combatant tribunals ended with 38 of 580 detainees ordered released, with more than 20 freed so far. Now the U.S. military is conducting review board hearings to determine whether the prisoners hold valuable intelligence information or if they present a threat.
About half of the detainees refused to attend the enemy combatant hearings, where they were represented by military-appointed lawyers. Although they were not allowed their own attorneys, some of their testimonies have been entered as evidence in the U.S. court cases.
The ones who attended seemed eager to tell their stories — the first chance for many aside from talking with prison guards and interrogators.
One man claimed he was working with the Americans and the U.S.-backed Northern Alliance.
“I was working with you and now I am here, and I see those people here that I helped capture in Afghanistan,” said the purported former commander, adding he fears if he’s ever released to his country he will be killed because of information he has provided to the Americans.
Stories of false accusations abound. One prisoner said he was in Afghanistan to buy heroin so he could sell it to open a nightclub in Europe, another said he was a goat herder — while others said they offered false confessions to their captors to make alleged abuse stop.
A 24-year-old detainee said he confessed to giving a militant group the names and serial numbers of security personnel assigned to Afghanistan’s President Hamid Karzai but “I said this under torture.” He described how an American interrogator “threatened me with a gun to my mouth, to try to make me say something.”
The tribunal president asked him about the alleged torture, established it was purportedly carried out at a U.S. facility in Kabul by an American, then moved on to other questions.
Given a Bible
Another Muslim prisoner from Uzbekistan talked of abuse he had suffered and how he was given a Bible — not a Quran.
The testimonies also brought up allegations that interrogators — hastily recruited after the Sept. 11 terror attacks — may have manipulated the confessions.
“When I was in the Kandahar prison, the interrogator hit my arm and told me I received training in mortars,” a man said, referring to the U.S. detention camp in western Afghanistan where the Taliban rose to power.
“As he was hitting me, I kept telling him, no I didn’t receive training. I was crying and finally I told him I did receive the training. My hands were tied behind my back and my knees were on the ground and my head was bleeding. I was in a lot of pain. ... At that point, with all my suffering, if he had asked me if I was Osama bin Laden, I would have said yes.
“What is my crime? Because of the United States, my hand is handicapped. I can’t work.”
Another man alleged that U.S. troops stripped the prisoners of their clothes in Afghanistan and bullied them into saying things the Americans wanted to hear.
“Americans were beating us really hard, and they had dogs behind us and they said if we didn’t say this, they would release the dogs,” he said.
The tribunal president made no comment and moved on to the next question: Where were you born?
While most of the prisoners denied the accusations that led to their imprisonment, some freely admitted joining the Taliban but wanted to be charged and tried for their alleged crimes.
“It seems like you are keeping and detaining innocent people,” said one detainee, accused of asking Afghan soldiers for guns to fight Americans.
‘Is this really happening?’
Although detainees sought to call witnesses from abroad to vouch for them during the tribunals, many requests were rejected as irrelevant and approved witnesses didn’t appear because requests to their government to track them down got no response, according to the transcripts. In more than 3,500 pages of testimonies, the only witnesses are other detainees.
“All the rules in the United States and in the world, the person is innocent until you prove he is guilty, not innocent. But here, with Americans, the detainees are guilty until proven innocent,” one detainee complained.
One prisoner told the tribunal that some of his fellow detainees at Guantanamo are sick and elderly. “I found my brothers being tortured in Kandahar and here,” he said.
He compared his detention at Guantanamo to the 1998 Hollywood movie “The Siege,” in which Arabs are indiscriminately hunted down and detained in New York City after a terrorist attack.
“I was shocked, thinking am I in that movie or on a stage in Hollywood? Is this really happening? Sometimes I laugh at myself and say when does that movie end?” he says.
© 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://web.amnesty.org/report2005/2am-index-eng
Americas: Regional overview 2004
Respect for human rights remained an illusion for many as governments across the Americas failed to comply with their commitments to uphold fundamental human rights. Widespread torture, unlawful killings by police and arbitrary detention persisted. The US-led “war on terror” continued to undermine human rights in the name of security, despite growing international outrage at evidence of US war crimes, including torture, against detainees.
Democratic institutions and the rule of law were at risk throughout much of Latin America. Political instability – fuelled by corruption, organized crime, economic disparities and social unrest – resulted in several attempts to bring down governments. Most were by constitutional means but some, as in Haiti, by-passed the democratic process.
Political armed groups and criminal gangs, principally those engaged in drug trafficking, had an increasing impact on people’s fundamental rights. Poverty and discrimination affected millions of people, particularly the most vulnerable groups – women, children, indigenous people and Afro-descendant communities.
Positive developments were seen in the vigorous campaigns maintained by human rights defenders, who held both governments and armed groups to account, in defiance of harassment and persecution. Courts in several countries gave rulings that brought closer the prospect of bringing to trial military and political leaders responsible for massive human rights violations in previous decades.
National security and the ‘war on terror’
The blatant disregard for international human rights and humanitarian law in the “war on terror” continued to make a mockery of President George Bush’s claims that the USA was the global champion of human rights. Images of detainees in US custody tortured in Abu Ghraib prison in Iraq shocked the world. War crimes in Iraq, and mounting evidence of the torture and ill-treatment of detainees in US custody in other countries, sent an unequivocal message to the world that human rights may be sacrificed ostensibly in the name of security.
President Bush’s refusal to apply the Geneva Conventions to those captured during the international armed conflict in Afghanistan and transferred to the US naval base at Guantánamo Bay, Cuba, was challenged by a judicial decision in November. The ruling resulted in the suspension of trials by military commission in Guantánamo, and the government immediately lodged an appeal. The US administration’s treatment of detainees in the “war on terror” continued to display a marked ambivalence to the opinion of expert bodies such as the International Committee of the Red Cross and even of its own highest judicial body. Six months after the Supreme Court ruled that the federal courts had jurisdiction over the Guantánamo detainees, none had appeared in court. Detainees reportedly considered of high intelligence value remained in secret detention in undisclosed locations. In some cases their situation amounted to “disappearance”.
The “war on terror” and the “war on drugs” increasingly merged, and dominated US relations with Latin America and the Caribbean. Following the US elections in November, the Bush administration encouraged governments in the region to give a greater role to the military in public order and internal security operations. The blurring of military and police roles resulted in governments such as those in Brazil, Guatemala, Honduras, Mexico and Paraguay deploying military forces to deal with crime and social unrest.
The US doubled the ceiling on the number of US personnel deployed in Colombia in counter-insurgency and counter-narcotics operations. The Colombian government in turn persisted in redefining the country’s 40-year internal conflict as part of the international “war on terror”.
Conflict, crime and instability
Civilians continued to be the principal victims of political violence. The human rights situation in Colombia remained critical, its civilians targeted by all sides in the conflict: the security forces, army-backed paramilitaries and armed opposition groups. Despite an agreed ceasefire and demobilization of some combatants, paramilitary forces were again responsible for widespread abuses. Security policies introduced by the government drew civilians further into the conflict.
Further evidence of spill-over from Colombia’s internal war was seen in neighbouring countries. Frequent border skirmishes were reported in Venezuela and Ecuador, where the number of Colombians seeking refuge grew.
Political polarization and instability continued to affect Venezuela for much of the year. Levels of violence and protests diminished briefly after a referendum failed to unseat President Hugo Chávez, but the death of a high-profile special prosecutor in a car bombing raised fears of renewed political violence.
Long-standing instability in Haiti reached crisis levels after a military uprising toppled the government of President Jean Bertrand Aristide. Political violence and widespread human rights violations persisted, despite the presence of a UN military and police force. The severe loss of life and structural damage caused by a hurricane in September exacerbated instability and the breakdown of the rule of law, hampering distribution of international aid.
In a report on Guatemala, the UN warned that failure to bring about effective social, economic and political reforms could promote conflict.
Public protests against violent crime, particularly kidnapping, spread throughout Latin America. Crime levels remained high in Mexican and Brazilian cities, and in parts of Central America where poverty combined with the easy availability of weapons and the legacy of civil wars. Governments responded with tougher legislation, which sometimes violated constitutional and human rights safeguards. Vigilantism and mob lynchings of suspected criminals were reported in countries including Guatemala, Mexico and Peru, where confidence in the security forces continued to evaporate.
Impunity for human rights violations
Despite setbacks, efforts across the region to combat impunity for gross human rights violations in previous decades continued to gain momentum.
A series of rulings and actions based on international jurisdiction showed that military and security chiefs whose forces were responsible for human rights violations could no longer escape trial. An Argentine court issued an international warrant for the arrest of former Paraguayan President Alfredo Stroessner for his alleged involvement in human rights violations committed under Operation Cóndor, a joint plan to eliminate opponents by military governments of the 1970s and 1980s in Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. Spain’s Supreme Court confirmed that the Spanish justice system had jurisdiction to try former Argentine navy officer Adolfo Scilingo for human rights violations under the military government of 1976-83. More than 20 years after the alleged crimes, a former Honduran intelligence chief faced a civil action in the US courts brought by relatives of Hondurans tortured and killed in the 1980s.
National courts also made significant, if slow, progress in shedding light on past human rights violations. The Chilean Supreme Court lifted former President Augusto Pinochet’s immunity from prosecution, allowing proceedings to be opened against him for human rights violations during Operation Cóndor.
In Brazil, the Supreme Court ordered the federal government to open files on the military operations against armed opposition groups in the region of Araguaia, state of Pará, during the military dictatorship. These may enable relatives finally to locate the bodies of victims of military actions.
Military and police courts continued to claim jurisdiction, despite recommendations by international human rights bodies. In Bolivia, the military initially rejected a Constitutional Court ruling that officers charged with offences against civilians should be tried in civilian courts. In Peru and Colombia, cases of human rights violations continued to be transferred to military courts in spite of rulings by the respective Constitutional Courts that they had jurisdiction only over offences committed “in the line of duty”. In Ecuador, police courts still claimed jurisdiction in cases involving abuses by police agents although the authorities had given assurances that they would be heard by civilian courts.
Trial before civilian courts was no guarantee of justice, however. In Colombia, against all the evidence, charges were withdrawn against former General Rito Alejo del Río, indicted for forming illegal paramilitary groups responsible for human rights violations in the 1990s.
The USA continued to pressure governments throughout the region to sign unlawful immunity agreements shielding US personnel from surrender to the International Criminal Court. Of 12 countries that had refused to sign, 10 had some military aid suspended as a result. In November the US Congress threatened to cut off development aid to countries that refused to sign.
Death penalty
The USA continued to flout international human rights standards by inflicting the death penalty on child offenders, people with mental disabilities, defendants without access to effective legal representation, and foreign nationals denied their consular rights. In 2004, 59 executions were carried out by a capital justice system characterized by arbitrariness, discrimination and error. Scheduled executions of a number of child offenders were stayed pending a Supreme Court ruling on the case of a death row prisoner aged 17 at the time of the crime.
No judicial executions were carried out in the Caribbean, but the Judicial Committee of the Privy Council – the final court of appeal for most of the English-speaking Caribbean – reopened the possibility of a resumption of executions in Trinidad and Tobago by overturning a decision that the mandatory death penalty was unconstitutional. It ruled that mandatory death sentences for capital murder violated the Jamaican Constitution, and ordered new sentencing hearings for Jamaica’s death row inmates. It also ruled that the mandatory death penalty was constitutional
in Barbados.
Economic, social and cultural rights
Economic indicators improved in Latin America after a prolonged period of stagnation. However, growth was insufficient to significantly affect poverty levels. Extreme disparities in wealth, and in access to basic rights such as education, health, water and electricity, continued. Inequalities were persistently driven by race and ethnicity, particularly for indigenous and Afro-descendant peoples, who are among the poorest in the region.
According to a UN study on the spread of HIV/AIDs, the Caribbean is the second most affected region in the world. Social attitudes such as homophobia and stigmatization are cited by the UN among factors contributing to the spread of the epidemic.
Severe political violence and instability in Haiti exacerbated the long-standing denial of basic rights, including access to health services as the breakdown in health provision reached crisis proportions.
Disputes over land and labour conditions on plantations continued to fuel protracted conflicts and human rights violations in countries such as Bolivia, Brazil, Chile, Guatemala and Paraguay. Both protesters and police officers were killed as claims for access to land by landless peasant families brought them into conflict with large landowners backed by the security forces or hired gunmen.
By the end of 2004, Central American governments and the Dominican Republic had approved a free trade agreement with the USA. Civil society groups raised concerns about the lack of guarantees on labour rights, on protection of the environment and on continued access to affordable medicines. In December, 12 South American countries signed an agreement to create a political and economic regional bloc.
Violence against women
Women and girls remained at serious risk of human rights violations across the Americas. The Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women – which marked its 10th anniversary – had received more ratifications than any other treaty on human rights in the region. Only Canada and the USA had failed to ratify. However, its provisions were largely ignored by governments across the region, and gender-related violence against women remained endemic in the home and the community.
A UN report on the state of the world’s cities stated that Latin America had the highest risk of all types of sexual victimization, with approximately 70 per cent of reported incidents described as rapes, attempted rapes or indecent assaults. Despite efforts by the Mexican authorities, there were further killings of women in the state of Chihuahua, and the horrific brutality that characterized killings of women in Guatemala gave cause for growing international concern.
Women were particularly vulnerable in situations of conflict. In Colombia, all parties to the conflict subjected women and girls to sexual violence, including rape and genital mutilation. They were targeted to sow terror, wreak revenge on adversaries and accumulate “trophies of war”.
There was a growing awareness of the impact of people trafficking in the Americas on human rights, particularly of women and girls. According to a study by the Organization of American States, over 100,000 men, women and children were “trafficked” across Latin America and the Caribbean each year, 80 per cent of them women and most for the purposes of sexual exploitation.
Human rights defenders
Human rights activists across the Americas campaigned vigorously to hold governments and armed groups to their obligations to respect international and domestic human rights standards.
Women’s rights activists were acclaimed in Colombia for their work for thousands of innocent victims of conflict and for the meaningful involvement of women in peace negotiations and the political process. Indigenous activists in Ecuador championed their community’s rights to defend their livelihoods during disputes over the extraction of natural resources. Despite public hostility and prejudice, the work of Jamaican and Honduran sexual rights activists to promote equal rights and HIV/AIDS prevention was increasingly recognized and supported by human rights organizations at the international level.
The difficulties and dangers faced by activists in the Americas ranged from intimidation and restrictions on travel, to unfounded accusations of “terrorist” links or other violent activities, arbitrary detention, false criminal charges, and even death. Activists working locally on rural poverty and development, often in isolated areas, and journalists covering issues such as corruption were killed in Brazil, Colombia, Guatemala and Mexico.
On the international stage, governments gave commitments to support the work of human rights activists. However, some undermined the integrity of these pledges by tolerating slanderous statements by high-ranking government officials against those working for human rights. Appeals by women’s rights activists for the authorities to examine their concerns and proposals seriously were frequently dismissed
or ignored.
Only one government, Brazil, responded to a request by both the UN Special Representative on Human Rights Defenders and by AI for governments to draft, publish and make operational plans to implement the UN Declaration on Human Rights Defenders.
Regional initiatives
During the European Union/Latin America and Caribbean Summit in May, AI highlighted its concerns about the use of the judicial system to persecute human rights defenders. Delegates from AI’s International Secretariat and from AI sections in the region attended the Americas Regional Social Forum in Quito, Ecuador, in August. In the same month, AI also participated in the III Human Rights Defenders Consultation in São Paulo, Brazil.
http://www.msnbc.msn.com/id/8046041/
Bush blasts
Amnesty report
on Guantanamo
President says document is an ‘absurd report’
The Associated Press
Updated: 9:00 p.m. ET May 31, 2005
WASHINGTON - A human rights group's report about conditions at the U.S. military's prison at Guantanamo Bay is "absurd," President Bush told reporters Tuesday.
The Amnesty International report, released last week, said prisoners at the U.S. Navy base had been mistreated and called for the prison to be shut down.
The president, addressing a news conference at the White House, said the Amnesty document was an “absurd report.”
“It’s absurd. It’s an absurd allegation. The United States is a country that promotes freedom around the world,” Bush said of the report, which compared Guantanamo to a Soviet-era gulag.
He said the Amnesty allegations were based on interviews with detainees, who hated America and were trained to lie.
Bush's remarks echoed similar criticism by Vice President Dick Cheney.
“Frankly, I was offended by it,” Cheney said in the videotaped interview with CNN's Larry King. “For Amnesty International to suggest that somehow the United States is a violator of human rights, I frankly just don’t take them seriously.”
Washington’s defense of its detention and interrogation practices comes after weeks of international criticism and violent protests by Muslims outraged at reports — which the Pentagon says are false — that an interrogator at Guantanamo had flushed pages of the Quran down a toilet.
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