June, 29 2010, 07:33am EDT
France/Germany/United Kingdom: Wrong Message on Torture
Don’t Accept Torture Intelligence From Abusive Countries
LONDON
France, Germany, and the United Kingdom use foreign intelligence
obtained under torture in the fight against terrorism, Human Rights
Watch said in a report released today.
The 62-page report, "No Questions Asked: Intelligence Cooperation
with Countries that Torture," analyzes the ongoing cooperation by the
governments of France, Germany, and the United Kingdom with foreign
intelligence services in countries that routinely use torture. The
three governments use the resulting foreign torture information for
intelligence and policing purposes. Torture is prohibited under
international law, with no exceptions allowed.
"Berlin, Paris, and London should be working to eradicate torture,
not relying on foreign torture intelligence," said Judith Sunderland,
senior Western Europe researcher at Human Rights Watch. "Taking
information from torturers is illegal and just plain wrong."
The intelligence services in France, Germany, and the UK do not have
detailed instructions on how to assess and follow-up on information
coming from countries that torture, Human Rights Watch said.
Parliamentary oversight in each country is also inadequate.
Intelligence services in all three countries claim it is impossible
to know the sources and methods used to acquire shared information. But
officials in the UK and Germany have made public statements indicating
that they believe it is sometimes acceptable to use foreign
intelligence even if it is obtained under torture. Such statements send
the wrong message to abusive governments, Human Rights Watch said.
Information tainted by torture has also been used in criminal and
other proceedings in France and Germany, Human Rights Watch said,
despite both international and domestic rules banning the use of
torture evidence in any proceedings.
The report cites the case of Djamel Beghal, whose statements made
under ill-treatment in the United Arab Emirates were used against him
in a French court, where he was on trial for plotting a terrorist
attack. In another example, the alleged confession of a man known as
Abu Attiya under ill-treatment in Jordan was used against terrorism
suspects on trial in France. German courts have allowed as evidence the
summaries of interrogations of three high-profile terrorism suspects in
incommunicado US detention, as well as evidence collected as result of
statements made by Aleem Nasir, a Pakistan-born German citizen
suspected of terrorist ties, while in the custody of the notorious
Pakistani intelligence services.
Human Rights Watch said that in practice, overseas torture material
can end up being used in court because the burden falls on defendants
to prove it was obtained under torture, a nearly impossible task.
"The rules meant to exclude torture from the courts don't work,"
Sunderland said. "It should be up to prosecutors to prove that evidence
originating in countries that torture wasn't obtained through abuse."
The use of torture intelligence in the fight against terrorism by
France, Germany, and the UK damages the credibility of the European
Union, Human Rights Watch said. The actual practices of these leading
EU states contradict the EU's anti-torture guidelines, which make
eradicating torture and ill-treatment a priority in its relations with
other countries. Over the long-term, abuses in the name of countering
terrorism also feed the grievances that fuel radicalization and
recruitment to terrorism, Human Rights Watch said.
The global ban on torture under international law imposes clear
obligations: states must never torture or be complicit in torture, and
they must work toward the prevention and eradication of torture
worldwide. States must repudiate torture in their own territories, and
never encourage or condone torture anywhere in the world. Cross-border
intelligence cooperation is vital in the fight against international
terrorism, but it cannot, under international law, operate in
contradiction to these obligations.
France, Germany, and the UK can engage in necessary intelligence
cooperation without undermining the global torture ban, Human Rights
Watch said. To do so, they must make genuine inquiries of countries
that provide information to determine whether torture was used to
obtain it and to determine what steps the authorities have taken to
hold to account those responsible for any abuse that comes to light.
Cooperation should be suspended in cases where there are grounds to
believe torture or ill-treatment were used to obtain shared
information. There is also a need for tighter parliamentary oversight
of intelligence cooperation, and stronger rules to prevent torture
material from entering the judicial process.
"Europe has been forced to confront its complicity in US
counterterrorism abuses," Sunderland said. "It is time for France,
Germany, and the UK to take responsibility for their own role in
third-party abuse, and to ensure that their intelligence cooperation
isn't perpetuating abuse."
Human Rights Watch called on the governments of France, Germany, and the United Kingdom to:
- Publically repudiate reliance on intelligence material obtained
from third countries through the use of torture or cruel, inhuman, or
degrading treatment; - Reaffirm the absolute prohibition on the use of torture evidence in any kind of proceeding;
- Clarify procedure rules on excluding torture evidence in criminal
and civil proceedings to make clear that where an allegation that a
statement was made under torture is raised, the burden of proof is on
the state to show that it was not made under torture; - Ensure that national intelligence services have clear guidance on
appropriate engagement with partner services with known records of
torture, and that intelligence cooperation arrangements with third
countries include clear human rights stipulations, including the duty
to discontinue cooperation in an individual case if credible
allegations of torture come to light; - Strengthen parliamentary oversight over national intelligence services; and
- Ensure that any form of complicity in torture is a criminal offense
in domestic law, and that state agents who are complicit in torture
anywhere in the world are prosecuted, including those who
systematically receive information from countries and agencies known to
practice torture.
To read, "No Questions Asked: Intelligence Cooperation with Countries that Torture," please visit: https://www.hrw.org/node/91221
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
Mistrial Declared in Abu Ghraib Torture Suit Against US Contractor
"This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history," one plaintiff vowed.
May 02, 2024
The federal judge presiding over a case filed by three Iraqis who were tortured by U.S. military contractors in the notorious Abu Ghraib prison two decades ago declared a mistrial Thursday after jurors were unable to reach a unanimous verdict.
After eight days of deliberation—a longer period than the trial itself—the eight civil jurors in Alexandria deadlocked over whether employees of CACI conspired with soldiers to torture detainees. The Virginia-based professional services and information technology firm was hired in 2003 during the George W. Bush administration to provide translators and interrogators in Iraq during the U.S.-led invasion and occupation, conspired with soldiers to torture detainees.
U.S. District Judge Leonie Brinkema—who said Wednesday that "it's a very difficult case"—declared a mistrial.
Plaintiff Salah Al-Ejaili toldThe Guardian that "it is enough that we tried and didn't remain silent."
"We might not have received justice yet in our just case today, but what is more important is that we made it to trial and spoke up so the world could hear from us directly," he added. "This will not be the final word; what happened in Abu Ghraib is engraved into our memories and will never be forgotten in history."
Baher Azmy, legal director of the Center for Constitutional Rights—which filed the case—said that "we are, of course, disappointed by the jury's failure to reach a unanimous verdict in favor of our plaintiffs despite the wealth of evidence."
"But we remain awed by the courage of our clients, who have fought for justice for their torment for 16 years," Azmy added. "We look forward to the opportunity to present our case again."
Al Shimari v. CACI, which was first filed in 2008 under the Alien Tort Statute—a law allowing non-U.S. citizens to sue for human rights abuses committed abroad—plaintiffs Suhail Al Shimari, Asa'ad Zuba'e, and Al-Ejaili accused CACI of conspiring with the U.S. military to perpetrate war crimes including torture at Abu Ghraib. The men suffered broken bones, electric shocks, sexual abuse, extreme temperatures, and death threats at the hands of their U.S. interrogators.
The case marked the first time a U.S. jury heard a case brought by Abu Ghraib survivors. Along with the Guantánamo Bay detention camp in Cuba, the prison became synonymous worldwide with U.S. torture during the War on Terror. Dozens of Abu Ghraib detainees died while in U.S. custody, some of them as a result of being tortured to death. Abu Ghraib prisoners suffered torture and abuse ranging from rape and being attacked with dogs to being forced to eat pork and renounce Islam.
A 2004 probe by Maj. Gen. Anthony Taguba found that the majority of Abu Ghraib prisoners—the Red Cross said 70-90%—were innocent. Women and girls were also imprisoned at Abu Ghraib as bargaining chips to lure militants wanted for resisting the U.S.-led invasion and occupation of their homeland. Some reported rape and sexual abuse by their captors, which reportedly led to the "honor killing" murders of multiple women.
CACI denies any wrongdoing and still gets millions of dollars worth of U.S. government contracts each year. In February, Fortunenamed CACI one of the "World's Most Admired Companies" for the seventh consecutive year.
Keep ReadingShow Less
As Hobbs Signs Repeal, Arizonans Push Abortion Rights Ballot Measure
"We cannot afford to celebrate or lose momentum. The threat to our reproductive freedom is as immediate today as it ever was," said the campaign behind the ballot initiative.
May 02, 2024
While Democratic Arizona Gov. Katie Hobbs on Thursday signed legislation repealing an 1864 abortion ban, reproductive rights advocates in the state reiterated that fuller freedom over family planning requires passing a November ballot measure.
In response to an
Arizona Republic opinion piece noting that there is no emergency clause in House Bill 2677, the law repealing the ban, "which means it won't go off the books until 90 days after the Legislature adjourns," Arizona for Abortion Access stressed that "Arizonans will still be living under a law that denies us the right to make decisions about our own health."
"We cannot afford to celebrate or lose momentum. The threat to our reproductive freedom is as immediate today as it ever was," the campaign behind the ballot initiative said, adding that only passing the Arizona Abortion Access Act "changes that for good."
The Arizona Abortion Access Act is a proposed state constitutional amendment that would prohibit many limits on abortions before fetal viability and safeguard access to care after viability to protect the life or physical or mental health of the patient. Arizonans were fighting for it even before the state Supreme Court reinstated the 160-year-old ban.
Even Hobbs recognized that the battle for reproductive freedom is far from over, saying Thursday that "today, we should not rest, but we should recommit to protecting women's bodily autonomy, their ability to make their own healthcare decisions, and the ability to control their lives."
"Let me be clear: I will do everything in my power to protect our reproductive freedoms, because I trust women to make the decisions that are best for them, and know politicians do not belong in the doctor's office," the Democrat pledged.
Her signature came just a day after the Arizona Senate approved H.B. 2677, following its state House passage last month. In both cases, a couple of Republican lawmakers voted with Democrats to advance the legislation—defying not only party members in the state but a national GOP that is hellbent on ending access to abortion care.
Democratic Arizona Attorney General Kris Mayes said Wednesday that the Senate vote "to repeal the draconian 1864 abortion ban is a win for freedom in our state" and she was looking forward to Hobbs signing the bill.
"However, without an emergency clause that would allow the repeal to take effect immediately, the people of Arizona may still be subjected to the near-total abortion ban for a period of time this year," Mayes acknowledged. "Rest assured, my office is exploring every option available to prevent this outrageous 160-year-old law from ever taking effect."
Law Dork's Chris Geidner pointed out that "on Tuesday—though technically unrelated—Mayes' office asked the Arizona Supreme Court to stay the issuance of the mandate in the case holding the near-total ban enforceable."
According to Geidner:
If granted, that would push the issuance of the mandate to July 25—90 days beyond the date when the Arizona Supreme Court denied Mayes' request for reconsideration—which would then block enforcement to at least 45 days beyond that, to September 8.
At that point, the repeal law passed on Wednesday likely will have gone into effect—meaning that the 15-week ban would remain the applicable law throughout this entire time—and the expected vote on the proposed constitutional amendment will be less than two months away.
Planned Parenthood Arizona took similar action after the Senate vote on Wednesday. The group's CEO, Angela Florez, explained that "we have said all along that we will use every possible avenue to safeguard essential care for our patients and all Arizonans, and that's exactly what we're doing with today's motion."
"While anti-abortion extremists in the state Legislature will continue to do everything in their power to undermine Arizonans' freedom and criminalize essential healthcare, Planned Parenthood Arizona is taking action to prevent a harmful total ban on abortion from taking effect in our state," Florez continued. "The court's April 9 ruling was both tragic and wrong, but it rested on trying to discern legislative intent. The Legislature has now spoken and clearly does not want the 1864 ban to be enforced."
"We hope the court stays true to its word and respects this long-overdue legislative action, by quickly granting our motion to end the uncertainty over the future of abortion in Arizona," added Florez, whose group supports the ballot measure.
Keep ReadingShow Less
DOE Investigating Columbia University for Anti-Palestinian Harassment
"Students have the right to speak out against the genocide of Palestinians, without fear of unequal treatment, racist attacks, or being denied access to an education by their university," one lawyer said.
May 02, 2024
Palestine Legal announced Thursday that the U.S. Department of Education has launched a federal investigation into "extreme anti-Palestinian, anti-Arab, and Islamophobic harassment" at Columbia University a week after the advocacy group filed a complaint on behalf of four students and a campus organization.
"While the Department of Education's Office for Civil Rights (OCR) looks into all complaints it receives, it only opens a formal investigation when it determines the facts warrant a deeper look," Palestine Legal pointed out on social media. "The complaint explains how Columbia has allowed and contributed to a pervasive anti-Palestinian environment on campus—including students receiving death threats, being harassed for wearing keffiyehs or hijab, doxxed, harassed by [administration], suspended, locked out of campus, and more."
"Instead of protecting Palestinian and associated students when their voices are most needed to oppose an ongoing genocide, Columbia has taken actions to reinforce this hostile climate in violation of Title VI of the Civil Rights Act of 1964," added the group.
"The law is clear, if universities do not cease their racist crackdowns against Palestinians and their supporters—they will be at risk of losing federal funding."
Palestine Legal senior staff attorney Radhika Sainath stressed that "the law is clear, if universities do not cease their racist crackdowns against Palestinians and their supporters—they will be at risk of losing federal funding."
"Students have the right to speak out against the genocide of Palestinians, without fear of unequal treatment, racist attacks, or being denied access to an education by their university," the lawyer added.
Since the filing, which highlighted that Columbia University President Minouche Shafik invited "the New York Police Department (NYPD) onto campus for the first time in decades to arrest over 100 students who had been peacefully protesting Israel's genocide of Palestinians," the Ivy League leader has called officers back to the school for more arrests.
On Tuesday night, the NYPD "violently arrested and brutalized dozens of student protestors, some with guns drawn, using sledgehammers, batons, and flash-bang explosives," noted Palestine Legal, which represents Maryam Alwan, Deen Haleem, Daria Mateescu, and Layla Saliba as well as Columbia Students for Justice in Palestine (SJP).
Columbia is one of many American campuses where administrators have called the police, who have behaved aggressively toward students and faculty nonviolently demonstrating to demand that their schools and the U.S. government stop supporting the Israeli assault of Gaza, which has killed at least 34,596 Palestinians in under seven months.
The Interceptrevealed last week that OCR opened an investigation into the University of Massachusetts Amherst after Palestine Legal filed a complaint "on behalf of 18 UMass students who have been the target of extreme anti-Palestinian and anti-Arab harassment and discrimination by fellow UMass students, including receiving racial slurs, death threats and in one instance, actually being assaulted."
Congresswoman Ilhan Omar (D-Minn.)—who has supported peaceful student protests and whose daughter Isra Hirsi was suspended from Columbia's Barnard College for protesting last month—highlighted the reporting on social media and some of the verbal attacks that students have endured.
OCR has opened a probe into Emory University following a complaint filed by Palestine Legal and the Council on American Islamic Relations, Georgia (CAIR-GA), according toThe Guardian. The newspaper noted Thursday that complaints have also been filed about Rutgers University in New Jersey and the University of North Carolina at Chapel Hill.
Emory spokesperson Laura Diamond said in a statement that the university "does not tolerate behavior or actions that threaten, harm or target individuals because of their identities or backgrounds."
CAIR-GA executive director Azka Mahmood said that she hopes the investigation into Emory helps "make sure that the systems put in place against bias are used for everyone across the board—so we can produce a comfortable, equitable place for Palestinian, Muslim, and Arab students in the future."
The probes and complaints are notably being conducted and reviewed by an administration that has condemned campus protests while arming Israeli forces engaged in what the International Court of Justice has called a plausibly genocidal campaign in Gaza.
After U.S. President Joe Biden delivered brief remarks on the demonstrations Thursday morning, Edward Ahmed Mitchell, a civil rights attorney and national deputy director at CAIR, said his "claim that 'dissent must never lead to disorder' defies American history, from the Boston Tea Party to the tactics that civil rights activists, Vietnam War protesters, and anti-apartheid activists used to confront injustice."
"And if President Biden is truly concerned about the conflict on college campuses," Mitchell added, "he should specifically condemn law enforcement and pro-Israel mobs for attacking students, and stop enabling the genocide in Gaza that has triggered the protests."
Keep ReadingShow Less
Most Popular