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TechnoratiWASHINGTON - Two US Army subcontractors accused of torturing prisoners at Baghdad's Abu Ghraib jail go to court Wednesday in a case that highlights the murky legal status of private US companies in Iraq.
Titan and CACI International were hired by the Army to provide interrogators and interpreters at the notorious prison, the scene of well-documented abuses of detainees following the US-led invasion of Iraq in 2003.
One former Iraqi prisoner now living in Sweden says that under the companies' watch, he was sodomized, nearly strangled with a belt, tied by his genitals to other detainees, and given repeated electric shocks.
"This is probably the most important case still standing against Abu Ghraib because the cases against the government have essentially failed so far," said Michael Ratner, president of the Center for Constitutional Rights.
"This case represents our last hope for getting some accountability for the torture in Iraq and getting any compensation for the victims," said Ratner, whose group has fielded lawyers to assist in the lawsuit.
The case was filed in 2004 by a dozen former prisoners and the family of a man who died in detention, accusing Titan and CACI of conspiring with US officials "to humiliate, torture and abuse persons" at Abu Ghraib.
But US security companies in Iraq occupy a legal gray area, as highlighted by the case of Blackwater USA, which according to a new Congress report has been involved in nearly 200 shootings in Iraq since 2005.
The report was issued by a House of Representatives committee as congressmen convened hearings following a September 16 shooting in a crowded Baghdad square involving Blackwater guards that killed at least 10 Iraqis.
Under an order passed by the US occupation authority in 2004, security contractors hired by the Pentagon and State Department enjoy immunity from arrest under Iraqi law for acts related to their contracts.
After the Baghdad shootings, the Iraqi government said it was preparing a new law to control the operations of the private companies, but has backed off initial demands for Blackwater to be thrown out of Iraq.
At Wednesday's hearing, Titan and CACI were to ask Washington federal judge James Robertson to dismiss the case.
The companies argue that they cannot be tried as they were under the control of the Army, which in turn says it can only prosecute its own personnel, not civilians.
Other US judges have refused to hear cases brought by former Iraqi prisoners, arguing that they have no jurisdiction over alleged crimes committed against foreigners in a third country.
But in one case brought by a federal prosecutor in North Carolina, former CIA agent David Passaro was jailed for more than eight years in February for beating an Afghan prisoner who died of his injuries in 2003.
Detroit-based lawyer Shereef Akeel, who is representing some of the Abu Ghraib plaintiffs, is confident that the case will proceed.
"This is for the sake of who we are (as Americans). And if we don't understand the principals at stake here -- if we let them lay low -- we have done a disservice to our founding fathers," he said.
"I have this vision of the Iraqis coming here... of putting them in a hotel in Washington, DC right across the street from the people who make the decisions... so they can have their day in court," Akeel added.
The sole US officer charged over the Abu Ghraib abuses, Lieutenant Colonel Steven Jordan, escaped with just a reprimand at his court martial in late August.
Eleven junior soldiers are serving varying sentences but no senior Pentagon official was ever charged in the scandal, which President George W. Bush has described as the "biggest mistake" made by the United States in Iraq.
© 2007 Agence France Press
22 Comments so far
Show AllLucas and Saila, you are both braver than any member of congress and braver than 90% of the country. Someday when this nightmare is over, historians will look back and decide, as they did chararterizing the Revolutionary War, that the tipping point was the free information on the internet, and those brave souls, like Benjamin Franklin before them, who dared to put into print that King George the third was a fool and a bloody tyrant.
When that beautiful day dawns and Americans remember who they are and what they stand for, I will raise my glass in salute to you both.
Remember, The only thing we have to fear is silence in the presence of evil men.
As for me,
I will keep posting because the first amendment says I can; Those Nazis can have my Keyboard when they pry it from my cold, dead fingers.
pac
While US courts might refuse to convict a member of our military or a mercenary of torture or other war crimes, there must be a way to refer the accused to the International Criminal Court to be tried for gross violations of international law.
Now I know why some on the far right like to say, "There is no such thing as international law." There must be a way to prove to them that it does exist and it does have teeth.
Great comments. The mercenary disease must be purged before it can mutate. The first step is information so talk to friends or put an opinion item in your local paper if possible and send an email or call your representative in Congress.
We can only hope that the use of mercenary forces is a sign that the empire is over-extended and hence in decline.
On the other hand it is a clear example of the moral depravity that is now inherent in our government and foreign policy.
In Scahill's brilliant book, "Blackwater", he explains how these goons have already been used in Amerika to protect private property in New Orleans ($70 Million of your tax dollars) after Katrina (while people were dying from a lack of emergency services) and that "Heil" Schwarzenegger has met with Blackwater to discuss their possible deployment in the event of a quake type diasaster in Cal.
That would not be a stretch of the imagination as Arnold's father was a Nazi.
However, there are some neighborhoods in L.A. where Blackwater could run into some serious firepower ? Keep you powder dry as we are in for a strange corporate 21st century !
The violations of human rights by these organizations cannot be exempted from justice. In that the USA is rapidly becoming a lawless nation, these criminals might enjoy their ill gotten gains, for now.
Outside of the USA these organizations and the people who run them will be subject to arrest, arraignment and judgment.
lillulu October 3rd, 2007 10:32 pm
Speaking of a lack of respect, how about Bush's press secretaries who never answer questions but do their best to lie and be evasive
I believe that's why they're called 'press secretaries' - lying comes with the job description. Each one is more odious than the previous one. Ari, then Scott, then Tony the snowman, and now this bimbo who flutters her eys, talks in rambling sentences, and despises all of us - she's actually said as much in prior years.
Lucas,
Don't give it a 2nd thought. I've been turned in numerous times or so the right wing flakes I've tangled with have alleged. I couldn't care any less. Any comments I and probably you have made pale in light to theirs in which they've said they'd love to see Pelosi, Reid, and others 'hanging from a gallows'. Another one claimed he was 'packing heat' and heading towards a leftist demonstration. They are like Timothy McVeigh - a right wing radical who had religious roots and they are the real threat to this country, not any of us on the Left. I believe the government is well aware of this as well.
No one in the Bush administration is immune from prosecution. According to the UN Charter, no country can invade another unless provoked, and they cannot in any way change laws, implement laws, or even try and install a "Democracy". The so called 'edicts' that Bremer created before fleeing the country are completely illegal to begin with.
An analogy would be the very first Commandment. If "God" was the all powerful, knowing, and ONLY Diety, than why feel the need to make the very first Commandment about worshoping 'other Gods before me'? This is proof, to me, that the Commandments were written by a human. As with Bremer, why feel the need to put immunity from prosecution into writing if they did nothing wrong? This is also proof, to me, that they knew what they were doing was illegal.
Right now, this Administration is being protected by the 'belt-way' establishment, both Dems and Repubs, who are trying to save 'their own way of life', that is the power establishment in DC. Eventually Administration officials will be charged, that is why Bush 'opted out' of the International Criminal Court, another way of trying not to be held accountable. It won't work, eventually history and it's judgement will catch up with them.
Lucas:
Don't give it a second thought and don't worry about the road incident you mentioned. The worst that can happen is that you are marked, and if shit hits the fan, they will come for you and put you in the cooler. But that is extremely improbable because they know that small fries who blow off steam on sites like this one are just blowing off steam and present no real danger to them unless they happen to be like MLK, who was nationally known and could incite millions with his writing or speech.
Usually dogs that bark do not bite, and they know this. The real dangerous ones they are after are those who lay low and do not advertize their dissent on the Internet sites. In fact, I don't put it past some regimes to actually set up Internet sites to let dissidents to blow off steam, than to see them out on the streets with guns blowing heads. So, brothers, sit at your keyboards and key in your dissent and displeasure at anything and anybody you want. You, me, and several hundred others here are no real danger to anybody, not even to ourselves.
Our great founding fathers were many themselves prisoners from England. They were sent here to make money for the rich back in England. Bad start, bad long line of history errors and this is nothing new.
People who did not have money never knew justice here and for that matter in most places on this planet. The difference is that guys like Slick Willie Jefferson aka Bill Clinton knew how to hide it from the headlines. Bushitler slams it in our faces ( and we let him). Good luck to the under dogs.
Speaking of a lack of respect, how about Bush's press secretaries who never answer questions but do their best to lie and be evasive. Dana Perino for example said Bush tried diplomacy with Saddam, but Saddam didn't cooperate. I'm surprised she doesn't give reporters the middle finger salute, with her attitude.
Saddam was cooperating and allowed the weapons inspectors into Iraq, but Bush had them kicked out just before he had Iraq attacked. BushCo are all liars.
An addition to the Leslie Griffith item. Awhile back, "Into the BuzzSaw" was published that detailed just how far "news" was being manipulated. Griffith mearly adds another chapter to that already existing work. So, what she describes isn't "news" to those with their eyes open.
Corporations have been torturing people to the delight of many governments all through history. That this torture is now the announced policy of the US government happened of Bu$h the inferiors watch.
They have invented terms to make torture sound benign. They may be fooling themselves, but no one else.
Nope I an definitely NOT that hey now. I am about as far from right wing as Donald Duck is to Teenage Mutant Ninja Turtles - or whatever they're called.
Thanks 99
weird, there used to be a right-winger on gnn called heynow. i think you might not be the same person.
"…because the cases against the government have essentially failed so far," said Michael Ratner, president of the Center for Constitutional Rights.
Bullshit. There are hundreds of picture and films to prove, which the Congress saw but the public was denied seeing them. The problem is that such evidence is in the possession of the defense (government), not the prosecutor.
For a good discussion about media see this truthout.org editorial
http://www.truthout.org/docs_2006/100307F.shtml
Leslie left Fox Channel 2 News abruptly and without comment by station or her
Thank You, Dan Rather
By Leslie Griffith
t r u t h o u t | Perspective
Wednesday 03 October 2007
Thank you, Dan Rather. It's balls to the wall time, and as a fellow Texan, you sure came through.
As an investigative journalist who worked as both a reporter and anchor for the San Francisco Bay Area's highest-rated newscast for 22 years, I can only say what happened to you nationally was also happening locally. You were told to conform to a Republican agenda or shut up. When you refused to march in step, you got Bush-whacked.
I read your brief and I know the drill. The erosion was slow and many of us barely noticed the small chiseling away of who and what we once were. Anchors and reporters depend on high ratings. If ratings fall in television, people get fired. In the months following 9/11, the president's approval rating was 86 percent, and that's when many in commercial journalism lost their way. To disagree or even ask a disagreeable question regarding the president and his decisions was interpreted as disloyal by many media corporations.
But now we have learned. Get the trash can ready to catch the chips, because the chisel is swinging back the other way and we as journalists are about to regain our voices and America's trust. Dan - the Man, as we call him in Texas - is reminding the media conglomerates how it is supposed to work. News and those who report it are not supposed to be for sale. Dan remembers, and he's about to explain it to us on a national scale, but first some explanations from my field of vision as to how we got here.
In January 2003, President Bush delivered his State of the Union address. Osama bin Laden turned into Saddam Hussein, and Afghanistan turned into Iraq. The press knew this was a bait and switch, but fearing that reporters and anchors might appear unpatriotic, the corporate media made it clear that even if George W. Bush played twister in the nude while a few sheets to the wind instead of going to constitutional law classes at Yale, we were not allowed to talk about it.
Viacom and CBS, according to Dan, wanted to curry favor with the White House. There are very few media conglomerates that didn't. Cox Broadcasting banned the Dixie Chicks from radio stations because their lead singer made a remark under her breath criticizing the president! Not wanting to appear unpatriotic, the town criers did not cry out. Many corporate media reporters became stenographers, not reporters, on that day. Those in television journalism, particularly those working for a Fox affiliate, were not allowed to ask questions that could be perceived as unpatriotic, and every question was seen as unpatriotic. Monarchs and dictators don't allow questions. They also destroy those who speak ill of them. "Scooter - Valerie." "Rove - Anyone." Blackwater was running around in the name of the United States, shooting first and asking questions later like third world rebels, and back at home, Fox became the fastest-growing network, with fearless leaders who believed in not only reporting the news but spinning it as well.
Just seven years ago, I looked up from my desk and saw my image on the MacNeil-Lehrer NewsHour as our staff of independent journalists was described as the best local news in the country. But war broke out and the Internet took off and all over the country local news ratings dropped as viewers turned to the national networks for news from the war fronts. Contrary to all logical thinking, local reporters looked at their retirement plans and their kids in college and promptly puckered their lips on the behinds of corporate media and smooched. If my kids were still in college, I would not have the courage to write this now. In response to fewer viewers, local television panicked into a downward spiral and many a trusting viewer decided to go elsewhere. Corporate media were demanding that reporters adapt to the point of our own extinction.
Morphed into propaganda machines - cheerleaders with pompoms - it was heartbreaking to watch the demise and media corporations' always bass-ackwards responses. With two wars on two fronts they decided to go "Local." Only local news. The war and the profound implications of it were relegated to 30-second stories buried deep into the newscast. (They don't need to know about that. - But there's a grass fire up the road!) If that's not manipulation, I don't know what is. Here are some other sad results of this corporate bullying toward some of the best journalists in the country.
Anchors and reporters stopped asking why. The corporate media demanded nationalism without skepticism, believing ratings would fall further if reporters did their jobs.
Anchors and reporters starting taking their stories from satellite feeds coming directly to their desks and then standing in front of a chroma key delivering a story they did not write. If viewers think every newscast looks the same, that's why. It is.
Anchors and reporters allowed chroma key pictures of conflict areas to appear behind them, giving viewers the false impression they were on the scene of the conflict instead of demanding to be sent there. They could not even point out on the map behind them where the conflict was.
Anchors and reporters allowed management to hire entertainment reporters and producers. It's cheaper to entertain than to inform, because an informed public wakes from slumber and makes noise.
Anchors and reporters began allowing precious hours meant for journalism to be filled with helicopter shots of the latest grassfire, traffic jam or car chase, a la O.J.
Anchors and reporters allowed news directors and sales people to dictate their "look." Good journalism does not have a "look."
Anchors and reporters did not fight back when their investigative pieces were dropped. Managers feared losing advertising dollars and reporters acquiesced.
Anchors and reporters and producers agreed to story counts. Tell the story, no matter how complicated, in thirty seconds - throwing random and massive amounts of information at viewers without context.
Anchors and reporters started wearing American flags on their lapels. Some of them never voted in any election.
Anchors and reporters began using genetically altered language: "War on Terrorism," without explaining that many people in the world think Americans are the terrorists.
Anchors and reporters started referring to the United States government as "We."
Anchors and reporters were handed press releases regarding corporate "mishaps" and began reading them verbatim. Like so: "Blank Oil Company had an explosion today; shelter in place, close the doors and windows, and don't go outside. However, the 'You've Got To Be Kidding Me Oil Company' says everything is fine."
Anchors and reporters agreed to report news that was already reported in newspapers and radio. Doing their own stories or advancing others creates controversy and potential lawsuits, betraying the sacred oath of corporate cronyism.
Anchors and reporters agreed to be physically altered in photographs, and airbrushed with make-up like playboy bunnies, as the media corporations ignored the news and invested in High Definition - hoping a grassfire on HD might look like news.
Anchors and reporters started advertising. "If you liked that story there will be more at six." If you want to get more information go to www. you're_an_idiot.com. Makes you just want to scream: I'm here now; tell me now!
Anchors and reporters allowed producers to lead with Anna Nicole Smith instead of the Scooter Libby trial - making it clear that all sense of proportion and good judgment had been lost.
Corporations in this country are always a reflection of those in the White House. This White House is the Wild West, and corporations, even those charged with helping the public gain knowledge, are mining for gold. But today, when we had almost given up, Dan put his holster on.
--------------------------------------------------------------------------------
Leslie Griffith has been a journalist in newspaper, radio and television for 25 years. One of her first assignments was in Moscow during the cold war. Griffith has earned two Edward R. Murrow awards; nine Emmys; thirty-seven Emmy nominations; the Prestigious Casey Medal for helping to stop exploitation of the nation's children; seven Radio and Television News Directors Association awards; the 2006 People's Choice Award for Best Female Anchor in Oakland Magazine, and the 2005 Associated Press Anchor of the Year. Griffith received commendation from The Associated Press for being the first to confirm on September 11, 2001, that the passengers on Flight 93 fought back. Griffith won the National Genesis Award for exposing abuse at Ringling Bros. and Barnum & Bailey Circus in 2005. Griffith is currently working on a book about corporate censorship of the media called "Shut-up and Read." To reach Griffith, go to Lesliegriffithproductions.com.
A correction to my post:
"It does not know that in most of the countries the mainline media is controlled by the respective governments, unlike in the US."
Corrected version: "It does not know that in most of the countries the mainline media is NOT controlled by the respective governments, unlike in the US".
Sorry for the blunder.
Conservatives are losing, desperate, lying and raging about it. It can get uglier.
This is so disgusting I can't even articulate my rage over American arrogance!
Check this out though: I bet if I went out and sold a bag of weed I would go directly to jail - don't pass go - especially if I were a minority!
"Son, you just f*#ked up. You are going down! You need to learn a lesson you will never forget!"
But torture?
Killing and maiming innocent people in another land? Not a problem.
"Land of the Free" - free to do as we wish it seems.
Are there no sane people within the Bush Administration willing to lay it on the line, forsake their careers, because they know that this is wrong?
All we need is an organized handful of people willing to blow the whistle to get the dominoes to start tumbling.
The thing is, Bushie and his cohorts are so insulated and protected, they are almost untouchable from the outside.
We need are a few heroes willing to lay it down... am I clueless, or does this make a smidgen of sense?
Jesus, I hate these people.
If you want to see an example of arrogance, just go to CSPAN 3 and watch the Blackwater hearings with Rep. Waxman yesterday.
The most shocking exchange I saw was when a Rep. from Massachusetts (Lynch?) was questioning a State Department official. The State Department official was completely in the Representatives face with a level of insubordination that I've rarely witnessed in a hearing. And the guy was under oath!! He was flat out refusing to answer the question! He might just as well have raised his middle finger to the Representative and said, "F*%k You!!"
Please, at least take the time to watch the part of the hearings with the State Department spokesmen. Incredible.
The final verdict in the US courts on the crimes of the American government and the American mercinaries and terrorists is a foregone conclusion. Americans are above the law. Even if they kill and torture Iraqis, American (in)justice system (American public in general)believes that it is for the "benefit" of the Iraqi democracy (read American form of).
So whatever the evidence may be, there will never be justice served to the innocent Iraqis. Because there is no longer any concept of justice in the US if the Americans are the criminals. Even if they talk about "justice" it only means justifying the genocidal and criminal activities of the American terrorists. So the US (in)justice system always vindicates the American whether s/he is a criminal or a victim.
Therefore, the Senatorial hearings and the legal process in the US on the crimes of the Americans is only to give an impression to the rest of the world that the US takes these crimes seriously and tries them in the US courts. The irony is: US thinks that the rest of the world is blind to the atrocities and henous crimes committed by the American Christian terrorists. It does not know that in most of the countries the mainline media is controlled by the repective governments, unlike in the US.
In America IGNORANCE IS A BLISS!!!!!!!