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USA: Only we have the right to torture terror suspects

posted Monday, 13 October 2008

 
When ACB was much younger, indeed when ACB's parents were much younger, the big bogeyman that the West feared was communism. It was Red this and Red that, and Reds under the beds. Western leaders were frantic with fear that anything and everything was a communist plot, and they would use the fear of communism to excuse just about any wickedness that you can imagine. Laws were bypassed, morals were put to one side, and pretty much every article of the US constitution, except (and rather ironically) the second amendment, was violated to "protect" the West from a so-called threat that largely existed because were as afraid of the West as the West was of them.

With the fall of the Berlin Wall and the collapse of the Soviet Union ACB had though that those days were over. A relic of the past. And for a while they were. The Cold War ended and so too did the recriminations, the twisted morality (or rather the abject lack of morality), and the blatant double standards that went with it. Unfortunately, the same generation that saw then end of the cold War also saw the start of the so-called War on Terror, and with it the return of the twisted morality and contorted logic that went with the former. And amongst these twistings of logic and contortions of both law and morality there can be few better examples than the black hole that is the POW camp at Guantanimo Bay. A place were POWs are declared not to be POWs, and where act that ACB used to know as War Crimes regularly take place. But what, I hear you ask? does this have to do with China? Well, and as is often, Guantanimo Bay contains a number of POWs who are of interest to Beijing, but whom Washington doesn't quite now what to do with.

Here is a short article for America's News Week Magazine which ACB believes illustrates the situation nicely.

Care of Dahlia Lithwick, News Week Magazine:

"What happens at Gitmo, stays at Gitmo. That was always the hope. When the Bush administration fenced off a dusty little patch of lawlessness in Cuba, the idea was that breaking the law abroad would somehow preclude us from breaking it at home. But last week revealed—yet again—that the worst of Guantánamo was always destined to spill over into the United States. Gitmo's lawlessness is now our own. The prison camp was created to construct a "legal black hole," a place where U.S. and international human-rights law would go to die. The case of 17 Uighurs—Chinese Muslims from western China's Xinjiang region—is one of the blackest chapters of the story. The Uighurs fled Chinese persecution (including forced abortion and banishment) and settled in Afghanistan. The 2001 U.S. bombing raids forced them to move to Pakistan, and they were allegedly turned over by local villagers to American authorities in exchange for a $5,000 bounty per head. They were transferred to Guantánamo more than six years ago and were cleared for release in 2004. The U.S. government credibly feared they would be tortured if returned to China, and since no other country will take them, they have remained at Gitmo all this time.

In September, an appeals court found that one of the Uighurs, Huzaifa Parhat, had been labeled an "enemy combatant" and subject to indefinite detention, based on "bare assertions." The Bush administration has conceded that none of the Uighurs is an enemy combatant. Last week a federal judge in Washing-ton ordered that all 17 Uighurs be freed, immediately, into the care of American supporters. Bush administration officials managed to delay their release in a last-minute petition to the appeals court. These Uighurs didn't just steam into Guantánamo Bay off a Carnival cruise. They were brought here in error and abused in error. And now to remedy that error they will be forced to stay there indefinitely. As Justice Anthony Kennedy wrote in a landmark Supreme Court decision this past summer, "The costs of delay can no longer be borne by those who are held in custody." The Justice Department managed to halt the ruling, by repeating discredited claims that the Uighurs associated with terrorists, and squawking about the perils of bringing Guantánamo to Washington. But in truth, Guantánamo has been in Washington for some time. Newly released military documents prove that two American citizens held for years as enemy combatants at Navy brigs in Virginia and Charleston, S.C., had been interrogated and incarcerated according to the Guantánamo rules, not U.S. law. According to e-mails that surfaced last week, Yaser Esam Hamdi and Jose Padilla were interrogated by the CIA and Defense Intelligence Agency for months and years in the early part of the war on terror, and deprived of light, correspondence and human contact, while their nervous interrogators worried for their sanity.

As has so often been the case when illegal conduct is authorized at Guantánamo, it was military officials who pushed back. Career military personnel were the first to cry foul at prisoner abuse and biased prosecutions at the base. And last week's documents indicate they were openly dubious about what one described as "the 'lash-up' between GTMO and Charleston" when it came to American citizens detained in the United States. Jonathan Hafetz of the ACLU's National Security Project explains that while we may only now be officially discovering that interrogation policy had spread from Guantánamo to the United States, the wall between what was constitutional here and there was never insurmountable: "For years, the administration defended its detention and treatment of prisoners at Guantánamo by asserting that the Constitution did not apply because it was outside the United States. But the documents show the administration was meanwhile secretly trying to create a lawless enclave within the country."

Both presidential candidates have called for the closure of Guantánamo, and when that happens, the remaining prisoners will likely be brought to this country for prosecution, detention or deportation. Once these prisoners go on trial here, we will have to stop thinking of them as "them." It will be harder to tune them out when they are not just nameless men behind barbed wire, but real people with stories and families and names. What happened in secret for six years at Guantánamo will start to redefine what it means to be American. And that's why it's a fitting coda for the whole Gitmo fiasco that former enemy combatants who had no connection to terror or terrorism may someday take up residence in our own backyards."

As ACB understands it, Washington is concerned that:

1) Beijing is accussing these men of being terrorists, despite there being no evidence
2) That Beijing will detain them for an extended period of time without charge or trial
3) That these men will be held in inhumane conditions and that they will be interegated without mercy or due consideration
4) That they will be tortured
5) That Beijing intends to convict them without fair representation or due process

ACB finds it rather ironic that in the name of "Keeping America Safe" Washington felt fully justified in doing numbers 1 though 4 to these men, and that it fully intended to do number 5 to them as well, yet it balks at the thought of China doing the exact same thing in the name of "keeping China Safe".

ACB also finds it rather amusing, in a sad of way, that they great and powerful America has cast its eyes over the world looking for somewhere safe to deposit these men, rather than returning them to China, yet those same said eyes barely glanced at any portion of the world that might even loosely be classed as US real-estate.

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1. Rob Biggs left...
Tuesday, 14 October 2008 11:18 pm

Communism was a "so-called" threat? I guess the whole Korean war thing was just a misunderstanding? Have you read Mao: The Unknown Story? I'd also suggest reading the Mitroykhin Archive for a complete understanding of how Communist spies and agents systematically murdered, misinformed and manipulated with the express intent of destroying Western civilization. Communism is an evil, failed ideology that has always been expressly dedicated to taking over the world. Islam is no different. Yes, what happened to those Uighurs sucks, what was the alternative? Are they not now being settled in the US? And "torture" in the US? Any evidence of that? More the contrary, as the article you quote with evident belief says the US won't return them to China for fear of torture.

People are not so America-centric, they have their own beliefs and ideologies, not everything is a reaction to America.


2. ACB left...
Wednesday, 15 October 2008 3:59 am

Ah, the naivety of youth. Yes, the Communists were a pretty nasty bunch of people, but for every 10 Reds that the West believed were under the beds there was probably really only one small socialist waving a placard. The real Red menace was overblown and exaggerated by a paranoid US that feared socialism and a newly vulnerable Britain that had lost the comfort of its empire and suddenly felt very small and alone.

The Korean war of which you speak was about 60% started because the West put a puppet government into South Korea and the Russia's refused to hand over North Korea to it. After all North Korea was part of Russia and China's back yard. America wouldn't have handed one of it's neighbors over to a Russia puppet government, would it. In fact a great deal of the Cold war was actually caused by the West planting bases on Russia's doorstep. Look at the Cuba's Crisis. Russia's primary motivation for planting missiles in Cuba wasn't because it intended to use them, it was a statement against the US positioning of Missiles in Turkey. Right on Russia's doorstep.

As for Islam, this just shows how poor your knowledge of the world actually is. Islam is the second largest religion in the world. more than 1 in 6 of the world's population are Muslims. That's more than ever believed in Communism. If Islam were as bad as you fear you might well be living in the Islamic States of America by now. They have more children than you do, they migrate more than you do, and they recruit more than you do. If Communism spread like Islam does the cold war might well have been lost.

If you want evidence of the US using torture, I'd ask you to look at America's own records from Iraq and Afghanistan including the trial and conviction of US soldiers. Waterboarding, withholding of medication beatings, so-called "stress positions", endued hypothermia, interrogation with dogs. Try reading this. It is a document made available from the FBI under the Freedom of Information Act http://foia.fbi.gov/guantanamo/detainees.pdf It details US officials who saw acts of torture taking place.

You also appear ot have missed the irony of this whole incident. That the US has systematically abused these people and believed that it was justified in doing so, yet when another state looks like it wants to do the same suddenly the US gets all prissy and says nononono no torture.


3. Rob Biggs left...
Wednesday, 15 October 2008 9:15 am

Yeah, I guess you're right, I'm a naive idiot. Everything is the fault of America. "Torture" is whatever you decide it to be. Communism is totally awesome and I can't wait to pay jizya.


4. The Ant left...
Friday, 17 October 2008 8:57 am :: http://chineseantfarm.blogspot.com/

You've done a fine job here, ACB. I found your analysis at the bottom to have been done with a great deal of aplomb. I had overlooked those matters of irony until you brought them to my attention. I thank you for that.


5. ACB left...
Sunday, 19 October 2008 2:36 am

Rob Bigg:

The problem is that while Communism sucks about 8/10 Westener don't actually know enough about Communism to understand it, and they can't seperate actual Communism from the Soviet bogeyman that was largely created by their own leaders. For everything that Soviets actually did there were 10 things were attributed to them which at best never happened and at worst were purposefully created as propaganda by other governments. As an example, there were not nearly as many Communists and Red agents in America as America believed there was, what you had were a few genuine cold war spies and moles, quite a few more trade unionists and academics who were denounced as being Reds by their rivals as a means of blackening their characters, and a lot fear.

As for torture it's actually clearly defined under international law. Law which America had a good hand in writing. It was also defined during Neremberg and the East Asia war crimes tribunals, Which America also larger wrote the books on. In all three cases, what Washington has done is legally and without doubt torture. People were executed for less.

Of course, as is my want, I'll leave you with this to ponder: Would Washington accept it if a foreign power took US citizens and did to them what it did to POWs in Iraq and Afghanistan?


6. PotatoChef left...
Sunday, 9 November 2008 2:20 pm :: http://www.PotatoPatchRecipes.com

There is no "good" side to communism. You can dress a pig up any way you want..but it is still a pig.


7. ACB left...
Sunday, 9 November 2008 6:42 pm

That's why the world invented socialism. It's like communism but with private enterprise and ownership.

Besides, I think that you're missing one essential point. The vast majority "bad" things that both China and Russia saw weren't actually because of Communism, they were due to excesses of government. For example there is nothing in actual Communist doctrine that says that you must lock up dissidents and torture them if they disagree with you, or that you must put nukes in Cuba. You need to learn how to seperate the things that happened in history because of Communism, and the thing that happened because of brutal governments that just so happened to be Communist. People such as Mao, Stalin and Lenin were Brutal revolutionary leaders and they would have been just as brutal whatever political system they supported. Just as Hitler would still have been Hitler were he a Communist, a Capitalist or a Socialist.

These things happen in all kinds of non-Communist countries, too. Look at Africa and Latin America. Similar abuses can be seen the world over. In Argentina, for example, many of the excesses associated with Communism were actually put into play by governments whom were fighting Communism.

You also should be made aware that some of the excesses associated with Communism have begun to creep in to Capitalism, too. For example, under GW Bush, the US implemented a policy of land seizure very similar to Communist land seizure in Cuba Russia and China except with a nasty Capitalist twist. The Bush administration expanded a law known as "Eminent Domain" to allow the state to seize private property - including homes and businesses - and then to sell it on big business if big business thought that they could make the land more economically active than the current owner.

This means that, for example, if you own land in a prime location but aren't making much economic use of it (You have a low value house there, for example) then the state can confiscate it and sell it on to Wal-Mart or to a developer who wants to build expensive condos on it. Does this sound familiar? It should, because Beijing has a near identical policy under which local governments commonly seize homes or farm land for the same reasons.