-Caveat Lector-

http://www.scoop.co.nz/stories/HL0506/S00080.htm

AI Call For Prosecutions Of Officials For Torture
Tuesday, 7 June 2005, 11:59 am
Article: Between The Lines
Between the Lines Q&A
A weekly column featuring progressive viewpoints
on national and international issues
under-reported in mainstream media
for release June 6, 2005
http://www.btlonline.org/btl061005.html

Amnesty International Calls for Prosecutions of U.S. Officials Who
Violated Geneva Conventions and U.N. Convention Against Torture

- Interview with Joshua Rubenstein, northeast regional director with
Amnesty International USA, conducted by Scott Harris

Listen in RealAudio:
http://www.btlonline.org/rubenstein061005.ram
(Needs RealOne player or RealPlayer)

In a severe condemnation of U.S. conduct in its war against terrorism,
Amnesty International Secretary General Irene Khan charged that the Bush
administration had abdicated its responsibility to set a global example in
upholding human rights. Speaking at a May 25th news conference in London
unveiling the group's annual human rights report, Khan said, the
American-run prison camp at Guantanamo Bay, Cuba "has become the gulag of
our time."

Amnesty International is calling for the closing of the Guantanamo
detention facility, which currently holds some 540 prisoners from 40
nations -- many detained without charge, and some held more than three
years. Over the past year, investigations by the International Committee
of the Red Cross and the FBI have documented cases of abuse and torture at
the hands of U.S. personnel at Guantanamo and prisons in Iraq and
Afghanistan.

William Schultz, executive director of Amnesty International USA, called
on foreign governments to investigate and prosecute all senior U.S.
officials who have violated the Geneva Conventions and the U.N. Convention
Against Torture. Among those he named were President Bush, Defense
Secretary Donald Rumsfeld and Attorney General Alberto Gonzalez. Between
The Lines' Scott Harris spoke with Joshua Rubenstein, northeast regional
director of Amnesty International USA, who summarizes his group's
condemnation of Bush administration policies that have condoned torture.


JOSHUA RUBENSTEIN: Amnesty issues what we call our annual report every
spring. As in all these years there are reports on over a 140 countries.
So, we highlight the ongoing crisis in Darfur where nearly 2 million
refugees have been created -- many of them are staying in camps on both
sides of the border with Chad. We talk about the ongoing crisis in Congo
where more than 3 million casualties have taken place. We talk about
Chechnya and Russia. So this is a report that covers the whole globe.

But of course, we have focused on the United States this year because of
this scandal regarding torture. It was just a year ago that the world was
alerted to the mistreatment and torture of prisoners at Abu Ghraib prison
in Baghdad, Iraq. And what we've learned since then has really reinforced
our concerns.

It turns out that leading officials in the government, in the Pentagon, in
the White House, in the Department of Justice were drafting memorandums
not only justifying the use of torture, but coming up with contrived
arguments in order to protect American personnel from being accused of
using torture. So these are very contrived legal arguments, and we believe
they genuinely reinforce the mistreatment and the torture that we're now
finding out about in Afghanistan, in Guantanamo (Bay U.S. Naval base in
Cuba) and in Iraq.

Plus we're now focusing on this policy of extraordinary rendition, where
the United States takes prisoners either from the United States or
different countries, say in Europe, and sends them to Syria or Egypt or
Jordan for interrogation. Now why would they do that? We believe it's
because they rely on those countries to interrogate these prisoners using
torture and the U.S. wants to keep somewhat of a distance to keep its
hands clean, while it has surrogates carry this kind of interrogation. In
a sense, we call it "outsourcing torture." So this is what is focused on
in the report.

BETWEEN THE LINES: Could you be specific about the kinds of torture that
you believe are linked directly to official U.S. policy rather than the
actions of rogue or sadistic guards or interrogators? Because the idea
that lower-level soldiers are responsible for this abuse, is really the
essence of how the White House has responded to this scandal.

JOSHUA RUBENSTEIN: Well, we feel there has been a real whitewash by
blaming all of these lower down personnel and trying to keep the
investigations away from people in the command structure.

Approximately 125 members of the U.S armed forces have either been
court-martialed or received nonjudicial punishment or other administrative
action. But to date, no one in the extended chain of command, including
those who formulated policies on the treatment and interrogation of
prisoners has been held accountable.

So, for example, we now know that CIA operatives were abusing prisoners
with "water boarding." That's where you strap a person to a board and you
immerse them in water and they fear they may be drowned because their head
is below water for a certain amount of time and you threaten them with
drowning. This is a common form of torture in Latin America for example --
and here we believe that U.S. CIA agents have been using this form of
torture.

There's a certain term called "stress position." Now, on the surface of
things this may seem like a superficial or not so intrusive kind of
torture where you tie someone to a chair where they're not seated
properly; it's awkward for them. But when you keep someone there
indefinitely for many, many hours or days at a time, this becomes
extremely painful. Or sleep deprivation that may not leave physical scars,
but when you do not permit someone to sleep for several days at a time,
this becomes very disorienting and painful. It can have a severe impact on
one's health. This is simply a form of torture. We knew about it during
Stalin's time, why should it be OK for representatives of the United
States to use these techniques?

Mr. Rumsfeld, the Secretary of Defense, suggested threatening people with
dogs and we have photographs from Abu Ghraib where officers are seen are
holding these large, menacing German Shepherds in front of prisoners.

So we believe there's a direct connection between the techniques that
American officials in Washington were proposing and the treatment that we
know occurred in Bagram (U.S. Air base, Afghanistan) in Abu Ghraib and at
Guantanamo.

BETWEEN THE LINES: Tell us about Amnesty's call for other governments to
investigate and possibly prosecute high-level officials in the Bush
administration such as Attorney General Gonzalez, Secretary of Defense
Donald Rumsfeld and others at the Pentagon.

JOSHUA RUBENSTEIN: The call for an international response to this torture
scandal is based on the fact that there has not been an adequate
investigation here in the United States. If there were an adequate
investigation, there would be no need for European governments to have
investigations of their own.

Torture can be prosecuted around the world; there's universal
jurisdiction. That's why General Pinochet (former Chilean dictator) was
indicted by a Spanish judge. That's why courts in Belgium considered
indicting government leaders from other parts of the world. And the fact
is, there's no statute of limitations on torture. The U.S. is party to a
convention that grants over 120 countries the power to investigate torture
by government leaders in any country of the world.

And so right now, it may obviously seem unlikely that, say a European
government would indict President Bush or Secretary of Defense Rumsfeld or
someone else. But when this group leaves office, when they are private
citizens, when they travel, it's quite possible that a prosecutor in
Germany or Spain or another country would seek an indictment, and that
would be perfectly legitimate as long as it was based on serious and
genuine investigation and hard evidence.

Contact Amnesty International USA by calling (212) 807-8400 or visit their
Web site at http://www.amnestyusa.org

Related links on our website:

http://www.btlonline.org/btl061005.html#1hed



* "Stripping Rumsfeld and Bush Of Impunity"

* "Give Rumsfeld The Pinochet Treatment, Says U.S. Amnesty Chief"

* "Denounce Torture," Yale University Teach-in

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