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Bush and Rumsfeld painted the U.S. abuse of prisoners in Iraq as the work of a few individuals. So how do you explain this August 1, 2002 memo from Justice Department's Office of Legal Counsel for Alberto R. Gonzales, counsel to President Bush?

"Re: Standards of Conduct for Interrogation under 18 U.S.C. 2340-2340A" (pdf)

Source: Justice Dept. Memo Says Torture 'May Be Justified'
The Washington Post

What the memo painstakingly does is explain how under U.S. law (Sections 2340–2340A of title 18 of the United States Code), anything you do to a prisoner short of death, permanent injury, or lasting mental harm does not constitute torture:

"Because the acts inflicting torture are extreme, there is (a) significant range of acts that though they might constitute cruel, inhuman, or degrading treatment or punishment fail to rise to the level of torture." (p. 46)

The memo also helpfully points out:

"...both the European Court on Human Rights and the Israeli Supreme Court have recognized a wide array of acts that constitute cruel, inhuman, or degrading treatment or punishment, but do not amount to torture. Thus, they appear to permit, under international law, an aggressive interpretation as to what amounts to torture..."

This, plus Bush's June 10 comments:

QUESTION: Mr. President, the Justice Department issued an advisory opinion last year declaring that, as commander in chief, you have the authority to order any kind of interrogation techniques that are necessary to pursue the war on terror. Were you aware of this advisory opinion? Do you agree with it? And did you issue any such authorization at any time?

BUSH: The authorization I issued was that anything we did would conform to U.S. law and would be consistent with international treaty obligations. That's the message I gave our people.

QUESTION: Have you seen the memos?

BUSH: I can't remember if I've seen the memo or not, but I gave those instructions.

...this gives the sense that despite their recent claims of being "sickened" by the Abu Ghraib photos, Bush and Rumsfeld specifically approved the tactics in Iraq and Guantanamo, particularly when you read the laundry list of practices the memo specifically legalizes: "wall standing," "hooding," subjection to noise, sleep deprivation, deprivation of food and drink, and humiliation.

The memo authorizes the Executive (Bush) to give what orders he deems necessary to conduct interrogations:

In order to respect the President's inherent constitutional authority to manage a military campaign against al Queda and its allies, Section 2340A must be construed as not applying to interrogations undertaken pursuant to his Commander-in-Chief authority.

(italics added, though the copy of the memo was also hand-underlined here by someone)

Previously on this site I focused exclusively on the detention of immigrants within the U.S. But the lines are starting to meet, as I'll get into when I have more time.

Posted by Konrad at 04:31 PM | Permalink

June 9
Washington, D.C.

At a press conference at the Longworth House near the Capitol, sponsored by the Robert F. Kennedy Center for Human Rights, Farouk (I still have a feeling of wonder at dealing with him as a free man) and other activists told their stories at the podium. This event was created by
Front Line to honor "human rights defenders" and launch Front Line USA: Threats, Attacks, Arrests and Harrassment of Human Rights Defenders, at 187-page report (pdf version)

I covered the event -- sadly I was the only videographer there. Though this event was a significant moment for the international human rights community, I haven't found any mention of it in the U.S. press (Here's an article by the Naples Daily News.) The event was originally going to be in the Capitol Building, but was moved at the last minute due to the death of a revered human rights offender, whose remains were obsessively covered by all major media every inch they traveled that day.

I went there to cover Farouk and got much more than I bargained for. I met great people and learned about struggles I haven't had the chance to follow before.

Posted by Konrad at 03:39 PM | Permalink | Comments (1)

...and I'm going too. This event may be turning up in the documentary. Constitutional scholar and author (Enemy Aliens) will be there.

Due to Reagan's passing we may not get to be in the Capitol building as planned; check the Front Line website for details.

The Dublin-based organization Front Line: The International Foundation for
the Protection of Human Rights Defenders is issuing a new report this week
on the situation of human rights defenders in the United States. Farouk's
case is one of those discussed in the report, "Front Line USA: Threats,
Attacks, Arrests and Harassment of Human Rights Defenders." There will be a
press conference on Wednesday, June 9, 2004 in Washington, DC.

The following is from Front Line's announcement:

"The launch will begin at 9:15 am in Room 6 in the Senate side of the
Capitol Building (SC-6) and breakfast will be available from 8:30 am.

"The event is co-sponsored by the Robert F. Kennedy Memorial Center for
Human Rights.

"The Directors of Front Line and the RFK Memorial Center for Human Rights
will each speak 4-5 minutes on the report. Professor David Cole of
Georgetown University Law Center will introduce the report. Then, each of
the defenders will discuss their particular experience for 2-3 minutes. When
the defenders have finished there will be a period for press questions.

"The Front Line report, written and researched by Jack Rendler and edited by
Paul Hoffman, portrays the kinds of abuses that 12 US-based human rights
defenders are currently facing. The report chronicles the ways that the
defenders are threatened, intimidated, and abused as a direct consequence of
their work to promote and protect fundamental human freedoms in the US -
political, civil, economic, social and cultural. One of the eight defenders
participating in the launch is a representative from the Coalition of
Immokalee Workers (CIW) based in southwest Florida; three of its members
received the 2004 RFK Human Rights Award last November for their bravery in
exposing several cases of modern day slavery in the US farm industry
involving over 1,000 enslaved workers. The CIW website can be found at:
http://www.ciw-online.org/tz_site-revision/home/home.html. The CIW
representative will be joined by nine other defenders featured in the
report: Farouk Abdel-Muhti, Carrie Dann, Brenda Henson, Cheri Honkala,
Chokwe Lumumba, Enrique Morones, Ken Riley, Lynne Stewart, and Charles Tisdale.

"Front Line was founded in Dublin in 2001 with the specific aim of
protecting human rights defenders committed to working non-violently for the
rights enshrined in the Universal Declaration of Human Rights. Front Line
protects them by addressing the needs that defenders have themselves
identified, including networking, training and facilitating access to the
thematic and country mechanisms of the UN and other regional bodies."

FRONT LINE
THE INTERNATIONAL FOUNDATION FOR THE PROTECTION OF HUMAN RIGHTS DEFENDERS
http://frontlinedefenders.org

[Note: the location of the press conference may change. The Capitol is being
used for the lying in state of former president Ronald Reagan, and it may be
cordoned off. Please check the Front Line website for updates.]

Posted by Konrad at 03:28 PM | Permalink