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Supreme Court Rejects Guantanamo Torture Case
WASHINGTON - The U.S. Supreme Court said on Monday that it rejected an appeal by four former Guantanamo Bay prisoners arguing that they should be able to proceed with their lawsuit against top Pentagon officials for torture and religious abuse.
Ruhal Ahmed and Shafiq Rasul (R), British citizens who were detained at the U.S. Guantanamo naval base as terror suspects, answer questions at a news conference to promote the film "The Road to Guantanamo" in Tokyo January 11, 2007. REUTERS/Kim Kyung-Hoon The justices refused to review a U.S. appeals court ruling that dismissed the lawsuit by the four British citizens over their treatment at the U.S. military base at Guantanamo Bay in Cuba on the grounds the officials enjoyed immunity.
The four men -- Shafiq Rasul, Asif Iqbal, Rhuhel Ahmed and Jamal al-Harith -- were captured in late 2001 in Afghanistan and were transferred to Guantanamo in early 2002. Released in March of 2004, they were returned to Britain.
Their lawsuit named then-Defense Secretary Donald Rumsfeld and 10 military commanders. They claimed they were subjected to various forms of torture, harassed as they practiced their religion and forced to shave their religious beards.
In one instance, a guard threw a Koran in a toilet bucket, according to the lawsuit. They claimed violations of a U.S. religious rights law and the U.S. Constitution.
A year ago, the Supreme Court sent the case back to the appeals court for further consideration in view of the high court's landmark ruling that Guantanamo prisoners have legal rights.
But the appeals court for a second time dismissed the lawsuit, ruling that the detainees had no legal basis for their claims at the time they were at Guantanamo, that Pentagon officials were entitled to immunity and that the religious right law did not apply to the prisoners.
Attorneys for the detainees appealed to the Supreme Court.
"This case presents a unique and compelling opportunity for this court to affirm that torture at Guantanamo was a violation of fundamental rights," they said in the appeal.
"Left in place, the court of appeals' decision will be a final assertion of judicial indifference in the face of calculated torture and humiliation of Muslims in their religion. The decision cannot stand," they said.
The Obama administration urged the Supreme Court to reject the appeal. It said the appeals court's decision was correct and that further review of the case was unwarranted.
Solicitor General Elena Kagan of the Justice Department said the questions involved in the case were "narrow and fact-specific" and that they do not conflict with any holdings by the Supreme Court or any appeals court.
The Supreme Court sided with the government in an order issued on Monday without any comment. The decision to turn down the appeal was made at a closed conference on Friday.
(Editing by Jackie Frank)
- Posted in
47 Comments so far
Show AllThe Extreme Court: Nine Black Robed Sadists.
Please don't associate the US Supreme Court with the BDSM crowd. Those in the lifestyle have morals.
I guess these Brits will have to take it out on Anthony Blair via the ICC.
yea -- the SUPREME COURT of the USA --
utterly continuing to be without CREDIBILITY on justice and truth -- whatsoever.
just another KANGAROO COURT.
If the Obama administration won't allow prosecution of those who committed torture, his policy of ending torture is meaningless.
Yes!
This would be the same august body that approved the appointment of George W. Bush who started the illegal wars and created the following conditions of barbarity, torture and repression.
The same body who owed their jobs to Bush's father and his appointments.
The same body that is over-ruling efforts to bring the kleptocrats of Wall Street to justice for their crimes.
Obama has not backslid. He never was going to do anything about the criminal excesses of the Bush Junta. Because to do so would expose the inner workings of Corporate power and their hold on political process in the US and it's (ruined and collapsing) economy. Obama appointed Wall Street insiders to do the bidding of their former Wall Street partners, all of whom are tied far too closely to the Military Industrial Complex, and rely on their products for their lifeblood, *profit*. Many of the justices now seated on the US Supreme Court owe their livelihoods and personal fortunes to defending these self same bankers, Wall Street executives and Corporations (which are counted as legal 'persons' before the law) from the people and the laws that were enacted to protect the people.
I think we need to define a new word in the English language for a system of government that is totalitarian in nature, controlled and manipulated by a cabal of the wealthy, but wrapped in reactionary fundamentalist religion and disguised from the public by lies and manipulation performed by the Media arm of the Corporate influence. Suggestions?
Fascism
No, we are to far gone for that simplistic term.
Quite right, and with fascism the leader is the dictator for life.
Christofascism; well the neocons would sue me for copyright infringement.
Totalitarianistic Theocracy; Might get sued by Iran for copyright infringement.
Elected dictatorship; nah, the canadian government would sue me for copyright infringement.
Quasi-elected totalitarian neo-monarchistic corporatism;
eeek, you're looking for a word. Hmmm anyone know any German words that we can merge that speak to the above concept. We speak English, stealing German composite words is totally acceptable for us...
Anybody know if all nine justices are necessary to dismiss a case? Or do you need only five?
I'd like to know who voted for dismissal.
Yes! That was my first question. I'm particularly interested in how Sotomayor voted.
If I remember correctly, if at least 4 justices take interest in a case, it will be considered, but Justices have the right to settle a case without comment.
EDIT: Re-reading this article, it seems they didn't even bother to review it.
US Justice is blind...also deaf, dumb, retarded and bigotted. They make Helen Keller look perceptive.
Helen Keller *was* perceptive: she stayed current in world events and was fluent in 5 languages, an enormous feat for someone deprived of both the high-bandwidth senses. (Being highly intelligent as well as perceptive, she was also a staunch leftist)
You got here first. Of course Helen Keller was perceptive. To think that because she was blind, that she wasn't "perceptive" is a thought not thought-through. Genius intelligence and highly perceptive. We wish more of us had just a smidgen of Keller's amazing perception. But, alas, many of us are the ones too "blind" to see.
Helen Keller was a really great socialist and all around person. campaigning against u.s. entry into wwI she said this:
Keller's critique of the government propaganda campaign to stir up Americans to support U.S. intervention in the war remains more germane than ever. "Every modern war has had its root in exploitation" Keller said. "The Civil War was fought to decide whether the slaveholders of the South or the capitalists of the North should exploit the West. The Spanish-American War decided that the United States should exploit Cuba and the Philippines. The South African War decided that the British should exploit the diamond mines. The Russo-Japanese War decided that Japan should exploit Korea. The present war is to decide who shall exploit the Balkans, Turkey, Persia, Egypt, India, China, Africa. And we are whetting our sword to scare the victors into sharing the spoils with us. Now, the workers are not interested in the spoils; they will not get any of them anyway."
She urged workers-the ones who do the fighting and dying-to strike at the heart of America's drive toward war. "Strike against war, for without you no battles can be fought," she declared. "Strike against preparedness that means death and misery to millions of human beings. Be not dumb, obedient slaves in an army of destruction. Be heroes in an army of construction."
Star Chamber don't need no damned reason.
Welcome to The Homeland.
immunity or impunity?
New Pervert Comedy Show!
The three stooges are old hat.
Welcome to the NINE STOOGES!
Leading star stooges: The Four RATS!
R-oberts
A-lito
T-homas
S-calia
We is really bad, dude. Da fix is in. Da boys from Chicago is doin' da woik now.
No justice for the victims of tortue and immunity for their abusers. Just another sickening saga in the annals of American Empire the mega-series. I am not sure what I would do if I were abused for years and then completely denied justice of any kind while my abusers were carefully protected and rewarded. Perhaps my hatred would boil over and I would attack civilians to strike back at my abusers even if only symbolically. We all know that that sort of thing would never happen though.
camus13
Do any of the following ring a bell.
American Fascism
Dr. Lawrence Britt has examined the fascist regimes of Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia) and several Latin American regimes. Britt found 14-defining characteristics common to each:
1. Powerful and Continuing Nationalism - Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays. TOP
2. Disdain for the Recognition of Human Rights - Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need." The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc.
3. Identification of Enemies/Scapegoats as a Unifying Cause - The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial , ethnic or religious minorities; liberals; communists; socialists, terrorists, etc.
4. Supremacy of the Military - Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized.
5. Rampant Sexism - The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Divorce, abortion and homosexuality are suppressed and the state is represented as the ultimate guardian of the family institution.
6. Controlled Mass Media - Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.
7. Obsession with National Security - Fear is used as a motivational tool by the government over the masses.
8. Religion and Government are Intertwined - Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions.
9. Corporate Power is Protected - The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite.
10. Labor Power is Suppressed - Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed.
11. Disdain for Intellectuals and the Arts - Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts and letters is openly attacked.
12. Obsession with Crime and Punishment - Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forego civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.
13. Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.
14. Fraudulent Elections - Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against or even assassination of opposition candidates, use of legislation to control voting numbers or political district boundaries, and manipulation of the media. Fascist nations also typically use their judiciaries to manipulate or control elections.
**(Sound like any certain party and/or President and administration that we know? Hmm??)
________________________________
An interesting note to end this article: As of January 2004, the United States fulfills all fourteen points of fascism and all seven warning signs are present. But we're not alone. Israel also fulfills all fourteen points and all seven warning signs as well.
Excellent list ... rather, horrible list. But thanks. Puts it all in order. How fascists love order. That would be the reason they are against the arts, and any measure of free or expressive thinking. Thinking inside the box only allowed.
Naomi Wolfe has a book on the signs of Fascism and we are almost there. What's going to stop its onward march? Not the Supreme Court. Some thought that if Germany had a Supreme Court, WWII would not have happened. I'm not sure about that. But our Supreme Court would be fine in Nazi Germany, I mean only the majority on the Court. The ones with the votes.
"The Obama administration urged the Supreme Court to reject the appeal."
OK, Obamabots - let's hear your lame-ass excuses for your golden boy. When Bush did this shit, his followers made any excuse under the sun to support it. Now you blind lemmings are doing the same thing for the dark-skinned Bush.
The new Emperor has no clothes. He is as much an enemy of the Constitution as his predecessor, just with a "D" after his name instead of an "R." Two sides of the same coin.
Stop making excuses for him. He has shown his true colors time and time again. How much more do you need to see?
"When fascism comes to America, it will be wrapped in the flag, carrying a cross."
Sinclair Lewis, "It Cant Happen Here", 1935
So much for a kinder, gentler nation from women and minorities in pinnacles of triumvirate US power. Instead, equal torture for ALL!
I can't quite recall who pointed it out, but our perception that the Supreme Court is our last line of protection comes *entirely* from the tenure of the Warren Court. Before and since, it's been just another tool of the oligarchs.
Laws are made for the poor and anyone who threatens the ruling class. There is no Justice! It's a joke! These banksters, war criminals and war profiteers are above the law because they are part of the ruling class.
Wake up!
Were awake, but our self-absorbed majority is not,
the self-complacent criminals that you should be exposing.
'...couldn't make me feel but ashamed to live in a land where justice is a game.' ('Hurricane', Bob Dylan)
And this latest shit from the same people who brought you George Bush's 2000 coup d'etat.
Memo from the rest of the Universe: The United States will pay for this, guaranteed. And the sooner the citizenry get this through their tiny, xenophobic, poorly-educated, money-and-stuff-and-childish-'patriotism' besotted skulls in sufficient numbers, the sooner they'll march on Washington and every major military installation with gasoline-soaked torches. Which would be the best use for the last few thousands of gallons of gasoline in the country.
Until then, business as usual.
As I've said before, for all his good qualities, and even giving him enough benefit of the doubt to choke on that he might, despite his enslavement to the corporatocracy, have some mysterious agenda to attempt to turn anything around, OBAMA IS NOT THE TOOL FOR THE JOB.
Impossible for a paid actor President, one hired to deceive
and enslave the public, to have anything but evil qualities.
Well, Alabama:
The only "actor...[who deceived and enslaved the public]" was none other than Ronnie Reagan. And if by some chance I've mistook your "reference," maybe we should take a short walk back to perhaps the eight darkest years of this country’s history:
http://www.rollingstone.com/politics/story/6482734/all_hat_no_cattle
http://www.rollingstone.com/news/coverstory/worst_president_in_history
And this was perhaps the proverbial “cherry on top” of replacing the civil liberties of Americans with “evil qualities.”
http://www.fepproject.org/commentaries/patriotactupdate.html
Michael Parenti
“Afghanistan ---- Untold Story”
"The war against Afghanistan, a battered impoverished country, continues to be portrayed in US official circles as a gallant crusade against terrorism. If it ever was that, it also has been a means to other things: destroying a leftist revolutionary social order, gaining profitable control of one of the last vast untapped reserves of the earth’s dwindling fossil fuel supply, and planting US bases and US military power into still another region of the world.
In the face of all this Obama’s call for “change” rings hollow."
http://www.michaelparenti.org/afghanistan%20story%20untold.html
The Supreme Court has been under the Thumb of the neo con Bush Sr. who pressured them into making his son president, and still runs them, and our country.
The court is apparently obeying the military commissions act,which is where they got the idea of immunity from prosecution. Retroactive immunity, covering crimes committed before the act was passed. one of bush's great moments in law.
Many of us were horrified when that thing passed, and have been asking for its repeal. that repeal must also be made retroactive.
obomber? since when did a sitting (or in this case supine) president tell the court what to do? was my civics teacher lying about the separation of powers? checks and balances?
no, she wasn't. and i bet she'd be outraged to see what this country has become.
Obama is the visible spokesmen for the power combine of 666 men
who rule Empire USA.
The mark of the beast described in Revelation 13:18,
“Here is wisdom, they that have a spirit mind interpret the number
of the first beast. For it is the number of men in it, and the number
of men is six hundred sixty six.”
So what didya expect? We're perfect as no other nation.
Good thing they weren't the judges at the Nuremberg trials.
The officials who "enjoy immunity" only "enjoy immunity" while inside the borders of the United States.
I did not know that you can pick and choose which laws to use at any particular time.
I heard on Democracy Now! this morning that the Court actually found that the Gitmo detainees don't fall under the definition of "persons" under our Constitution. Is that what happened, or did I mishear?
Dred Scott all over again. Just goes to show how regressive the times really are.
This was planned very well.
The reason the Guantanamo concentration camp is located in Cuba is entirely for this reason alone. Plausible deniability, immunity, and interpretation of international laws weave a protective web between the torturers and those that were tortured. So they walk free as planned and will remain free.
If this had occurred on US soil it would be a different story.
This story is a testament to why Guantanamo should be closed.
"If this had occurred on US soil it would be a different story".
Almost certainly true but nevertheless illegal. I again challenge all lawyers, including the dissembler in our White House, to show me where in the Bill of Rights it says: "for American citizens only" and "only valid within the borders of the USA".
It is my firm understanding that the omission of these phrases or phrases akin to these from the Bill of Rights was not an oversight by its framers but was deliberate. It is my firm conclusion that the Bill of Rights covers every person present in the Guantanamo enclave, regardless of nationality.
If these inmates were indeed tortured that would be a criminal violation of our constitution. If Mr. Obama does not get it he has a huge void between his ears.
And concerning the canard that "officials enjoyed immunity", I thought that this was denied by the Nuremberg trials if war crimes had been committed.
It is increasingly beginning to appear that members of the Obama administration will need to "enjoy a lot of immunity" in the not too distant future.
["If this had occurred on US soil it would be a different story".]
That is a strange idea really, aren't us bases or ships considered to be sovereign territory of the usa? If a crime is committed on a us base at Okinawa, who prosecutes; the usa or Japan? If it's the usa that prosecutes a crime committed on the base of a foreign nation, than shouldn't us law require that prosecution for crimes committed on Guano be prosecuted in the usa? Otherwise, wouldn't Cuba have the right to demand that the people tortured by us personnel on the island of Cuba be turned over to them for prosecution.
Double jeopardy doesn't apply to cases outside of the US borders. They should take the case to the International Criminal Court, and the defendants should be tried in absentia. That way they can be convicted, and if they ever leave the country, they can be arrested and thrown in jail ... where they ALL belong.