April, 13 2009, 03:59pm EDT
For Immediate Release
Contact:
Jen Nessel, CCR, 212 614 6449, jnessel@ccrjustice.org
Veerle Opgenhaffen, NYU CHRGJ, 212 992
8186, opgenhaffen@exchange.law.nyu.
Sharon Singh, AIUSA, 202 544 0200 x 289,
ssingh@aiusa.org
Rights Groups Call on Obama to Declassify Documents on Secret Detention, Rendition, and Torture
Documents Show Bush Administration Exploited Confusion; Obscured DOD Role
NEW YORK and WASHINGTON
The Obama administration should take immediate steps
to declassify and release documents that would allow the American public
to understand the truth about the human rights violations committed as
part of the U.S. secret detention, extraordinary rendition, and coercive
interrogation programs, said three prominent human rights groups today.
The groups-Amnesty International USA (AIUSA), the Center for Constitutional
Rights (CCR), and the Center for Human Rights and Global Justice (CHRGJ)
at NYU School of Law-issued their call after receiving declassified documents
that contradict previous government documents regarding the role of the
Department of Defense (DOD) in secretly detaining individuals in the name
of national security.
The more than 2000 pages of newly released
documents from DOD and the Department of State (DOS) were obtained through
the groups' Freedom of Information Act (FOIA) lawsuit against multiple
government agencies, which has been ongoing since 2007. Although the documents
are heavily redacted, this particular batch suggests that the Bush administration
exploited confusion over the term "ghost detainee" to assert that it
did not hold such detainees at the same time that the CIA was operating
the so-called "High-Value Detainee" program. DOD appears to have
used four different categorizations for "ghost" detainees and asserts
in "talking points" dated 2004 that it "does not hold 'ghost' detainees"-apparently
in reference to one of these categories. The documents raise more
questions than they answer, since they do not make clear DOD's role in
holding individuals in secret and without access to the International Committee
of the Red Cross (ICRC). In light of the newly-public report by the
ICRC on the CIA's so-called "High Value Detainee" program, such questions
demand immediate answers.
"We need a full and public accounting
of the DOD's involvement in categorizing and handling 'ghost' detainees,"
said Margaret Satterthwaite, Faculty Director of the CHRGJ. "Although
the previous administration was able to hide behind this slippery vocabulary,
the Obama Administration should take all possible steps to get to the heart
of what happened. Without establishing the truth about past abuses,
the Obama Administration cannot move forward with a clean slate."
An August 2004 "Talking Points" document
on "Defining Ghost Detainees" prepared for then-Secretary of Defense
Donald H. Rumsfeld, stated that "DOD policy is to issue an internment
number [ISN, which triggers notification of detention to the ICRC]
to each detainee captured within 96 hours," and that "DOD does not hold
'ghost' detainees." In stark contrast, previously released DOD documents-apparently
created in August 2005-suggested that DOD held detainees for 14 to 30
days off the books, and admitted that "The practice of holding 'ghost
detainees' for the CIA-although limited in scope-was guided by oral,
ad hoc agreements and was the result, in part, of the lack of any specific,
coordinated interagency guidance."
"Today's disclosures confirm DOD was
deliberately confusing in public statements about its participation in
disappearing prisoners for the CIA's exploitation and engaged in willful
blindness towards the CIA's torture interrogation tactics," stated CCR
AttorneyGitanjali S. Gutierrez. "Congress's investigation
of the CIA's program must include examination of DOD personnel's role
and the efforts by high-ranking DOD officials to conceal the military's
support of the CIA program."
The documents also include an almost entirely
redacted 11-slide powerpoint entitled "Guantanamo Detention: Transfer
/ Release Progress"-which contemplates options for and obstacles to the
transfer of detainees-dated November, 29, 2006, shortly after so-called
High Value Detainees (HVDs) were transferred out of the CIA ghost detention
program to Guantanamo.
From DOS, the groups received redacted
notes from a January 27, 2004 meeting between then-Secretary of State Colin
Powell and the President of the ICRC-a meeting which took place around
the time the ICRC delivered a February 2004 report to the U.S. outlining
serious violations of international humanitarian law by the United States
with regard to detainees in Iraq. The groups also received a redacted September
24, 2004 cable describing the situation of juvenile detainees in Iraq,
which makes no reference in the unredacted portions to the concerns articulated
in the August 2004 Fay-Jones Report about abuse of juvenile detainees in
Abu Ghraib.
"President Barack Obama pledged to restore
transparency to government but very little has changed in this regard since
he took office," said Tom Parker, AIUSA Policy Director, (Counter)
Terrorism and Human Rights. "Governmental agencies continue
to drag their feet and obfuscate when addressing FOIA requests. The material
released to date hints at widespread governmental misconduct, and it is
high time officials realized that the cover up is every bit as damaging
as the crime."
AIUSA, CCR, and CHRJG filed FOIA requests
with several U.S. government agencies, including the CIA, DOD, DOS, DOJ,
and DHS beginning in 2004 and filed a lawsuit in June of 2007. Morrison
& Foerster LLP serves as co-counsel in the case. This is the second
set of documents released by DOD and DOS through the litigation.
To see the most recent documents from DOD
and DOS, as well as the prior filings and the documents previously released
through this litigation, click here.
For more information or copies of legal
filings in the case and released documents, please contact jnessel@ccrjustice.org,
opgenhaffen@juris.law.nyu.edu,
or ssingh@aiusa.org,.
For more information about the organizations
involved, please see their websites: www.ccrjustice.org,
www.chrgj.org
and www.amnestyusa.org.
LATEST NEWS
'Shameful': Columbia Greenlights Police Crackdown on Anti-War Encampment
Even after dozens of students were arrested, hundreds "rushed to take the place of their classmates" and continued the protest.
Apr 18, 2024
The arrests of dozens of Columbia University and Barnard College students on Thursday "galvanized" other supporters of Palestinian rights on the campuses, as hundreds of students occupied the school's western lawn after New York City police filled at least two buses with protesters who had been detained for setting up an encampment.
"Disclose, divest, we will not stop, we will not rest," chanted hundreds of students as they marched around the area where organizers had set up a tent encampment early Wednesday morning.
Columbia President Minouche Shafik informed the campus community on Thursday that she had authorized the police to clear the encampment.
As it has been in the past, the school has become a center of anti-war protests—and crackdowns by school officials and the police—since Israel began its bombardment of Gaza in October.
Pro-Palestinian students and alumni have demanded that Columbia divest from companies that profit from Israel's apartheid policies in the occupied Palestinian territories and cancel its dual degree program with Tel Aviv University.
In response to pro-Palestinian demonstrations, Columbia in November suspended the campus chapters of Jewish Voice for Peace and Students for Justice in Palestine—an action that pushed the New York Civil Liberties Union and Palestine Legal to file a lawsuit on behalf of the students last month.
On Thursday, police and Columbia employees took down about 50 tents that had been up for more than a day and disposed of them in trash cans and alleyways—but The New York Times reported later that "demonstrators repitched a couple of tents, and ... recovered the main signage from the encampment as well," while hundreds of students were "still gathered and chanting on the south side of the grass."
The arrests came a day after Shafik testified before the U.S. House Committee on Education and the Workforce about antisemitism on campus.
U.S. Rep. Ilhan Omar (D-Minn.), whose daughter, Isra Hirsi, was among the Barnard students who were suspended on Thursday for participating in the encampment protest, questioned Shafik about whether antisemitic protests have actually taken place at Columbia, prompting the president to say there have not.
"There has been a rise in targeting and harassment against anti-war protesters, because it's been pro-war and anti-war protesters is what it seems, like, correct?" asked Omar.
"Correct," replied Shafik.
On Thursday, Omar posted on social media two images of protesters at Columbia: one from the encampment this week, and one from 1968, when students protested the U.S. war in Vietnam.
New York City Council member Tiffany Cabán was among those who condemned the university's crackdown on the protests on Thursday.
"Suspending and arresting Columbia/Barnard student activists and disbanding student organizations—including Jewish students and organizations—doesn't combat antisemitism or increase safety," said Cabán. "All it does is punish and intimidate those who believe in human rights for Palestinians. Shameful."
Keep ReadingShow Less
'The Pressure Is Working': Biden Weighs Climate Emergency Declaration
Campaigners urged the president to "keep listening to the millions of young, people of color, and working-class voters who are demanding climate policy that meets the moment."
Apr 18, 2024
The youth-led Sunrise Movement on Thursday celebrated Bloombergreporting that "White House officials have renewed discussions about potentially declaring a national climate emergency."
The Wednesday revelation came just two days after six young activists were arrested outside Vice President Kamala Harris' Los Angeles, California home to increase pressure on the Biden administration to make such a declaration, which would unlock various federal powers to combat the fossil fuel-driven global crisis.
According to Bloomberg:
Top advisers to President Joe Biden have recently resumed talks about the merits of such a move, which could be used to curtail crude exports, suspend offshore drilling, and curb greenhouse gas emissions, according to people familiar with the matter who asked not to be named because a final decision has not been made.
White House advisers are divided over the idea of declaring a climate emergency, with some saying it wouldn't provide Biden with enough newfound authority to make substantial changes, the people said. Others, however, argue such an announcement would galvanize climate-minded voters.
"The pressure is working. Let's keep it up," Sunrise said on social media, highlighting some of what Biden—who claimed last year that "practically speaking," he had already declared a national climate emergency—could do with a real declaration.
Sunrise wasn't alone in welcoming the news. The Center for Popular Democracy (CPD) Action said that "we've BEEN calling for a climate emergency!! Now, the White House is considering declaring one."
The group urged Biden to "keep listening to the millions of young, people of color, and working-class voters who are demanding climate policy that meets the moment."
As Biden and Harris have campaigned for reelection in November—when they are expected to face former Republican President Donald Trump, whose plan for the planet is "drill, baby, drill"—the Democrats have encountered intense pressure from campaigners including members of CPD and Sunrise to step up their climate actions.
"I'm on the frontlines raising my voice for my Black and Latine families and friends, because I know that we deserve to have affordable housing and healthcare, we deserve an administration who will fight for us, but instead of declaring a climate emergency, we are seeing Biden and Harris expand oil and gas production to record levels," 18-year-old Ariela Lara, who was arrested at Harris' house, said Monday.
Climate campaigners have praised the Biden administration for parts of the Inflation Reduction Act and a recent pause on liquefied natural gas exports but blasted the president for skipping last year's United Nations summit, continuing fossil fuel lease sales, and enabling the Mountain Valley Pipeline, Willow oil project, and construction of the nation's largest offshore oil terminal.
Keep ReadingShow Less
Blinken Hasn't Ended Aid for Israeli Military Units Tied to Killings, Rapes
"Blinken continues a very long American tradition of very selective enforcement of human rights laws," said one critic.
Apr 18, 2024
Amid global condemnation of Israel's assault on the Gaza Strip and the Biden administration's complicity, ProPublicarevealed Wednesday that U.S. Secretary of State Antony Blinken has for months ignored staff recommendations to cut off American aid to Israeli military and police units accused of human rights violations including killings and rapes.
"The incidents under review mostly took place in the West Bank and occurred before Hamas' October 7 attack on Israel," which was the catalyst for the current Israeli escalation in Gaza, reported ProPublica's Brett Murphy. "They include reports of extrajudicial killings by the Israeli Border Police; an incident in which a battalion gagged, handcuffed, and left an elderly Palestinian American man for dead; and an allegation that interrogators tortured and raped a teenager who had been accused of throwing rocks and Molotov cocktails."
Murphy obtained government documents and emails and spoke with current and former U.S. State Department officials, who said the recommendations from the Israel Leahy Vetting Forum—named for former Sen. Patrick Leahy (D-Vt.), who authored laws restricting aid to human rights abuses—were sent to Blinken in December and "they've been sitting in his briefcase since then."
While U.S. President Joe Biden has gradually increased his criticism of Israeli forces killing civilians in Gaza, "multiple State Department officials who have worked on Israeli relations said that Blinken's inaction has undermined Biden's public criticism, sending a message to the Israelis that the administration was not willing to take serious steps," Murphy wrote.
The Israeli government did not respond to the reporter's request for comment, but a U.S. State Department spokesperson did. "This process is one that demands a careful and full review," the American representative said, "and the department undergoes a fact-specific investigation applying the same standards and procedures regardless of the country in question."
Global critics have long accused the U.S. government of giving Israel special treatment while Israeli officials and troops subject Palestinians to apartheid, ethnic cleansing, occupation, settler colonization, and now "plausibly" genocide, according to the International Court of Justice. Since October, the Israel Defense Forces (IDF) have killed at least 33,970 people in Gaza.
The reporting sparked a fresh wave of outrage. The U.S. Campaign for Palestinian Rights declared that "this is how Antony Blinken will go down in history: for enabling Israel to commit the gravest of war crimes with U.S. tax dollars."
Alex Kingsbury, a member of The New York Times editorial board, noted that "Blinken continues a very long American tradition of very selective enforcement of human rights laws," while Brandon Friedman, a former Obama administration official, said that "this would be a career ender for a normal Cabinet secretary under normal circumstances."
Democracy for the Arab World Now "submitted Leahy sanctions requests for two of the Israeli units that Antony Blinken has putzed and punted on, in breach of U.S. law, despite clear evidence of despicable abuses—[including] torture, executions, and even murder of an American," according to executive director Sarah Leah Whitson. "But Antony Blinken insists on special privileges and exemptions for Israel, refusing to hold it accountable, U.S. law be damned."
@StateDept In 2023, we documented Israel counter-terrorism YAMAM unit\u2019s abuses, including two extrajudicial killings & two indiscriminate and reckless killings, including of a child in Jenin in March 2023, constituting gross violations of human rights under Leahy Law & war crimes under Rome\u2026— (@)
The Council on American-Islamic Relations' Robert S. McCaw said in a statement that "despite these internal report State Department reports detailing egregious human rights abuses by the Israeli government, including allegations of rape and torturing children in the West Bank, Secretary Blinken has ignored his own staff and continued to greenlight weapon shipments to the responsible Israeli military and police units."
"The glaring disconnect between the gravity of the accusations and his refusal to act on them is deeply disturbing," McCaw added. "Secretary Blinken must halt any further weapons transfers that the Israeli government will use to commit more human rights violations."
Human rights attorney Qasim Rashid pointed out that in contrast with how the Biden administration has treated Israel, the U.S. government pulled funding from the United Nations Relief and Works Agency for Palestine Refugees in the Near East—as Palestinians in Gaza starve to death—over the "mere allegation" that a small number of staff were involved with Hamas.
"If we had been applying Leahy effectively in Israel like we do in other countries, maybe you wouldn't have the IDF filming TikToks of their war crimes now because we have contributed to a culture of impunity," Josh Paul, a former director in the State Department's Bureau of Political-Military Affairs and a member of the forum who resigned in protest in October, told Murphy.
Another State Department official, Annelle Sheline, stepped down late last month as a foreign affairs officer at the Office of Near Eastern Affairs in the Bureau of Democracy, Human Rights, and Labor. She said that with the U.S. government continuing to arm Israel as it devastates Gaza, "trying to advocate for human rights just became impossible."
Sheline's resignation came just days after the Biden administration accepted Israeli government assurances that its use of U.S.-supplied weapons complies with international law—which human rights advocates and officials worldwide, including some congressional Democrats, have challenged over the past few weeks.
Over two dozen Democrats wrote Wednesday to Blinken and two other top officials that "we remain concerned by the stark differences and gaps in the statements being made by the State Department and White House on how Israel has not been found to be in violation of international humanitarian law, either when it comes to the conduct of the war or when it comes to the provision of humanitarian assistance, which are contradictory to those made by prominent experts and global institutions."
Keep ReadingShow Less
Most Popular