System Abuse System Abuse
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THE GOLDEN RIVER
Updates:12/20/2017 Huff Pst by Eviatar (no article date avail);12/18/2017 Hamdan vs. Rumsfeld; Joseph Margulies-NY Times book review-Mahler 07/30/2006; 12/17/2017: finalcall-04/12/2014; fox news; Sterling Lt. Col defense Abdhul Zahir Guant. detainee; 12/13/2107 HRW-12/19/2005 on Dark Prison in Kabul;  12/11/2017  The Daily Beast-12/09/2014 CIAs Salt Pit/Dungeon.  Page started and moved from CIA interrogations 12/11/2017 CIA PRISONS and related prisons CIA Prisons:  Afghanistan: cobalt/Salt Pit/The Dark Prison/Dungeon     Cuba: Guantanamo (aka Gitmo)    Iraq: Abu Ghraib  8 Page Summary Interrogation/Detention program - incl. material on Prison torture     Operation condor Executive Overreach Hamdan v. Rumsfeld  Rasul v. Bush - see Margulies Guantanamo  Lt. Col. Sterling, defense attorney for detainee Abdhul Zahir Joseph Margulies: the lead counsel in Rasul v. Bush, a case brought on behalf of a group of Guantánamo detainees from Britain, Australia and Kuwait Torture - miscellaneous and executive overreach Executive Overreach Hamdan v. Rumsfeld NPR: 'Hamdan v. Rumsfeld': Path to a Landmark Ruling. By Nina Totenberg 09/05/2006 https://www.npr.org/templates/story/story.php?storyId=5751355 Excerpt: In the jargon of the Supreme Court, we talk about "landmark cases." Some, of course, are more landmark than others. But by any yardstick, the June 2006 ruling in Hamdan v. Rumsfeld was one for the history books. Hamdan was the case in which the high court invalidated the system set up by President Bush to try accused war criminals at Guantanamo Bay, Cuba. The court's 5-3 decision is widely seen as the most important ruling on executive power in decades, or perhaps ever https://www.npr.org/templates/story/story.php?storyId=5751355 CCR Justice: Hamdan v Rumsfeld amicusDate Filed: 2004  Status of Article: 2007 https://ccrjustice.org/home/what-we-do/our-cases/hamdan-v-rumsfeld-amicus Excerpt: Date Filed: 2004 Current Status On June 5, 2007, U.S. military judges dropped all criminal charges against Hamdan, claiming they lacked jurisdiction under the strict definition of the Military Commissions Act, which allowed only those designated “unlawful enemy combatants” to face military trials. Hamdan—on the other hand—is considered only an “enemy combatant.” Client(s) Salim Ahmed Hamdan https://ccrjustice.org/home/what-we-do/our-cases/hamdan-v-rumsfeld-amicus Miscellaneous The American Conservative: The CIA’s Torture Defenders http://www.theamericanconservative.com/articles/the-cias-torture-defenders/ Huffington Post:  What CIA ReportWhat CIA Report? Conservative Websites and the Torture ReportBy Henry Tenenbaum12/10/2014 https://www.huffingtonpost.com/henry-tenenbaum/what-cia-report-conservat_b_6297916.html No CIA Prosecutions The Coverups Continue. By Daphne Eviatar https://www.huffingtonpost.com/daphne-eviatar/no-cia-prosecutions-the-c_b_1846357.html New Yorker: The Black Sites (08/13/2007) https://www.newyorker.com/magazine/2007/08/13/the-black-sites Prisons CIA and Non-CIA but Related CIA PRISONS Fox News: Citizens Group seeks US accountability for CIA renditions (12/08/2017) http://www.foxnews.com/us/2017/12/08/citizens-group-seeks-us-accountability-for-cia-renditions.html Salt Pit, aka Cobalt near Kabul, Afghanistan HRW (Human RIghts Watch) dot org: U.S. Operated Secret ‘Dark Prison’ in Kabul12/19/2005 http://pantheon.hrw.org/legacy/english/docs/2005/12/19/afghan12319.htm Violations - War Crimes Act, Anti-Torture Statute, Convention Against Torture, International Covenant on Civil and Political Rights Human Rights Watch said that the alleged torture and other mistreatment of detainees, if proven, would amount to serious violations of U.S. criminal law, such as the War Crimes Act and the Anti-Torture Statute, as well as the laws of Afghanistan. The mistreatment of detainees also violates the Convention against Torture and the International Covenant on Civil and Political Rights, both of which the United States has ratified, and the laws of war. (Summary of statutes)   http://pantheon.hrw.org/legacy/english/docs/2005/12/19/afghan12319.htm The Daily Beast: Inside the CIAs Sadistic Dungeon. By Tim Mak (12/09/2014) https://www.thedailybeast.com/inside-the-cias-sadistic-dungeon Many of the most shocking scenes recounted in the Senate’s torture report all take place at a location known as ‘Cobalt,’ the ‘Dark Prison,’ the ‘Salt Pit,’ and a ‘dungeon’ Excerpt: The CIA was alerted of allegations that anal exams at Cobalt were conducted with “excessive force.” An attorney was asked to follow up, but no records indicate what happened next. Agency records said that one of the detainees housed at Cobalt, Mustafa al-Hawsawi, was later diagnosed with chronic hemorrhoids, an anal fissure, and symptomatic rectal prolapse. https://www.thedailybeast.com/inside-the-cias-sadistic-dungeon The Guardian: CIA Torture black site enhanced interrogation (10/09/2017) https://www.theguardian.com/us-news/ng-interactive/2017/oct/09/cia-torture-black-site-enhanced-interrogation NON-CIA PRISONS Abu Ghraib   Army/military police prison Torture by 372nd Military Police Company and members of American intelligence community The New Yorker: Torture at Abu Ghraib American soldiers brutalized Iraqis. How far up does the responsibility go? By Seymour M. Hersh (05/10/2004) https://www.newyorker.com/magazine/2004/05/10/torture-at-abu-ghraib Excerpt:  Names: Janis Karpinski, Lieutenant General Ricardo S. Sanchez, Major General Antonio M. Taguba, Specialist Joseph M. Darby, Specialist Matthew Wisdom, Special Agent Scott Bobeck, Chip Frederick Specifically, Taguba found that between October and December of 2003 there were numerous instances of “sadistic, blatant, and wanton criminal abuses” at Abu Ghraib. This systematic and illegal abuse of detainees, Taguba reported, was perpetrated by soldiers of the 372nd Military Police Company, and also by members of the American intelligence community. (The 372nd was attached to the 320th M.P. Battalion, which reported to Karpinski’s brigade headquarters.) https://www.newyorker.com/magazine/2004/05/10/torture-at-abu-ghraib Guantanamo United States Military prison located within Naval Base A little background on Guantanamo https://www.thesun.co.uk/news/4824114/guantanamo-bay-gitmo-torture-donald-trump/ Excerpt: Critics say the reality is that it's become a place to detain prisoners without trial and the scene of other human rights abuses including torture. It is believed to be made up of a 612-unit detention centre called Camp Delta and other smaller sites and facilities where detainees interrogated and the highest-security prisoners are held.Around 800 men, of 50 different nationalities, have been taken to Guantanamo - with prisoners from Afghanistan, Saudi Arabia, Yemen and Pakistan making up around 70 per cent of detainees. Among prisoners kept at Guantanamo have been Khalid Sheik Mohammed, believed to have been No. 3 Al-Qaeda leader before he was captured in Pakistan in 2003 and would-be September 11 hijacker Ramzi Bin Al-Shibh. https://www.thesun.co.uk/news/4824114/guantanamo-bay-gitmo-torture-donald-trump/ Explanation of Gitmo https://www.thesun.co.uk/news/4824114/guantanamo-bay-gitmo-torture-donald-trump/ Joseph Margulies New York Times- Book Review: Terms of Imprisonment. Review by Jonathan Mahler  (07/30/2006) http://www.nytimes.com/2006/07/30/books/review/30mahler.html Excerpt: “The question is not whether the United States has the power to imprison people seized in connection with the war on terror,” Joseph Margulies, one of those lawyers, writes in “Guantánamo and the Abuse of Presidential Power.” “The question is, and has always been, whether the exercise of this power would be restrained by the rule of law.”More specifically, the question is whether the president has the right as commander in chief to imprison suspected terrorists without a hearing; hold them incommunicado indefinitely and without the protections guaranteed by the Geneva Conventions; and bar them from seeking redress in the federal courts. Or whether, as Margulies argues, President Bush’s detention policies amount to a radical assertion of executive authority.It’s impossible to overstate the importance of this debate. Defeating radical Islam is going to require striking the proper balance between aggressiveness and restraint, a recognition that we are just as susceptible to the corrupting influence of power as anyone else. As President Bush himself told the nation nine days after Sept. 11: “We are in a fight for our principles, and our first responsibility is to live by them.”Unfortunately, as Margulies persuasively details in this cogent and pellucid book, the president has not always lived up to his clear-eyed rhetoric. Margulies was the lead counsel in Rasul v. Bush, a case brought on behalf of Margulies was the lead counsel in Rasul v. Bush, a case brought on behalf of a group of Guantánamo detainees from Britain, Australia and Kuwait. Invoking habeas corpus, the so-called Great Writ — which compels custodians to justify the detentions of their prisoners — Margulies and the rest of his legal team maintained that the government had to allow these men to confront the allegations brought against them. The administration’s position was that as foreign nationals captured on the battlefield and held outside the sovereign territory of the United States, these prisoners had no right to challenge their imprisonments. http://www.nytimes.com/2006/07/30/books/review/30mahler.html Sterling Thomas Final Call: Defense counsel for Guantanamo detainees speaks out (04/21/2014) http://www.finalcall.com/artman/publish/National_News_2/article_101381.shtml Excerpt: Air Force Lieutenant Colonel Sterling Thomas is the defense counselor for Pakistani Ammar al-Baluchi (a 9/11 defendant and high value detainee) and Afghani Abdul Zahir (held for 12 years without trial) at The Guantanamo Bay detention camp (also referred to as Gitmo). It is a United States military prison located within Guantanamo Bay Naval Base, in Cuba. He sat down with The Final Call’s Ashahed M. Muhammad recently following a panel titled “Ending the ‘Forever War’ at Home and Abroad” during Amnesty International’s 2014 Human Rights Conference in Chicago. He is the only Black member of the defense team in the Guantanamo 9/11 military commission.  Lt. Col. Sterling Thomas:  Well there is this phrase that one of the prosecutors likes to toss out all too frequently that this is a “fair and transparent proceeding.” I would think that those who just listen to the bullet points, they are being deceived. The public is quite often not given the full picture of what the government is attempting to do with regard to failing to provide all too appropriate evidence or failing to provide witnesses that are required and would just be a matter of course in a normal court. Those sorts of things get shoved under the rug because it is not convenient for the government. http://www.finalcall.com/artman/publish/National_News_2/article_101381.shtml Names of some Guantanamo Bay prisons Camp V, VI, prisons used to house detainees at Guantanamo Bay Camp Delta 612-unit detention centre CIA Detention and Interrogation Program - part of long 8 page summary September 11, 2001: Al Qaeda carries out terrorist attacks against the World Trade Center and the Pentagon. September 17, 2001: President Bush signs a classified covert action memorandum authorizing the CIA to detain terrorists. February 7, 2002: President Bush signs a memorandum stating that the Geneva Conventions do not apply to the global conflict with al Qaeda. March-April 2002: Abu Zubaydah is captured in Pakistan and transferred to CIA custody. He is interrogated jointly by FBI and CIA officers. June 2002: CIA officers place Abu Zubaydah in isolation for 47 days. The FBI never returns to the CIA interrogation site. August 1, 2002: The Justice Department’s Office of Legal Counsel (OLC) issues two memoranda (one classified and one unclassified) concluding that the CIA’s proposed “enhanced interrogation techniques” did not violate the federal anti-torture statute. The classified memorandum addressed specific techniques, including waterboarding, for use on Abu Zubaydah. August 4-30, 2002: After a prolonged period of isolation, CIA interrogators subject Abu Zubaydah to near-constant coercive interrogation techniques, including the first application of waterboarding. September 2002: SSCI Chairman Bob Graham and Vice Chairman Richard Shelby are first briefed on the CIA interrogation program. (Later, Senators Pat Roberts and Jay Rockefeller are briefed when they become chairman and vice chairman.) November 2002: After being captured and detained by a foreign country, Abd alRahim al-Nashiri is transferred to CIA custody and transported to the same detention facility where Abu Zubaydah is located. Al-Nashiri is also subjected to 12/8/14 Page 2 of 8 the CIA’s coercive techniques, including waterboarding. (Interrogations during this period are videotaped.) November 2002: CIA detainee Gul Rahman dies while being held and interrogated by the CIA at a separate CIA detention facility from where Abu Zubaydah and alNashiri are held. December 28, 2002 – January 1, 2003: Al-Nashiri is threatened with a handgun and drill during a CIA interrogation. January 2003: The CIA Office of Inspector General begins a review of the CIA’s Detention and Interrogation Program. March 2003: Khalid Sheikh Muhammad is captured and transferred to a CIA detention site where he is subjected to the CIA’s coercive interrogation techniques, including 183 instances of waterboarding. July 2003: The CIA and some members of the National Security Council meet and reaffirmed the use of the CIA’s so-called enhanced interrogation techniques. September 16, 2003: The CIA first briefs the Secretaries of State and Defense on the CIA’s so-called enhanced interrogation techniques, according to CIA records. May 7, 2004: The CIA’s inspector general completes a review of the CIA’s Detention and Interrogation Program. June 2004: OLC withdraws its unclassified August 1, 2002, memorandum containing a legal analysis of the anti-torture statute. While the OLC begins to draft a new memorandum, the CIA continues to interrogate detainees in its custody. August-September 2004: OLC issues letters to the CIA advising that the use of the CIA’s so-called enhanced interrogation techniques against specific, named detainees does not violate the federal anti-torture statute. December 30, 2004: OLC issues a revised, unclassified memorandum that supersedes the withdrawn unclassified August 1, 2002 memorandum Operation Condor https://www.globalresearch.ca/released-operation-condor-files-show-cia-torture-in-argentina/5562164 Huffington Post: CIA Torture- More Than A Quarter Of The World’s Countries Helped The CIA Run Its Torture Program. By Akbar Shahid Ahmed, Ryan Grim, and Lauren Weber (12/09/2014 https://www.huffingtonpost.com/2014/12/09/cia-torture-countries_n_6297832.html
SYSTEM ABUSE / CIA PRISONS