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Tag Archives: treaties

Obama Administration Pot Calls Out Pakistani Kettle

31 Friday Dec 2010

Posted by Craig in Afghanistan, Bill of Rights, drone strikes, Justice Department, Obama, Obama administration, Pakistan, torture, war on terror

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al Qaeda, Bill of Rights, Bush administration, CIA, Department of Justice, drones, due process, extrajudicial killings, Gitmo, human rights, hypocrisy, indefinite detention, look forward not back, Obama administration, Pakistan, Poland, Taliban, torture investigation, treaties, war on terror

From the Department of Blatant Hypocrisy, Do As I Say, Not As I Do Division:

“The Obama administration is expressing alarm over reports that thousands of political separatists and captured Taliban insurgents have disappeared into the hands of Pakistan’s police and security forces, and that some may have been tortured or killed.

The concern is over a steady stream of accounts from human rights groups that Pakistan’s security services have rounded up thousands of people over the past decade, mainly in Baluchistan, a vast and restive province far from the fight with the Taliban, and are holding them incommunicado without charges.”

Welcome to the Hotel Gitmo. You can check out any time you like, but you can never leave.

“Separately, the report also described concerns that the Pakistani military had killed unarmed members of the Taliban, rather than put them on trial.

…Two months ago, the United States took the unusual step of refusing to train or equip about a half-dozen Pakistani Army units that are believed to have killed unarmed prisoners and civilians during recent offensives against the Taliban. The most recent State Department report contains some of the administration’s most pointed language about accusations of such so-called extrajudicial killings.”

Kind of like this?

“From the moment he stepped foot inside the White House, Obama set about expanding and escalating a covert CIA program of “targeted killings” inside Pakistan, using Predator and Reaper drones armed with Hellfire missiles..that had been started by the Bush administration in 2004.

On 23 January 2009, just three days after being sworn in, Obama ordered his first set of air strikes inside Pakistan; one is said to have killed four Arab fighters linked to al-Qaida but the other hit the house of a pro-government tribal leader, killing him and four members of his family, including a five-year-old child.

…During his first nine months in office he authorised as many aerial attacks in Pakistan as George W Bush did in his final three years in the job…According to the New America Foundation thinktank in Washington DC, the number of US drone strikes in Pakistan more than doubled in 2010, to 115. That is an astonishing rate of around one bombing every three days inside a country with which the US is not at war.”

And then there’s this from the Obstruction of Justice Department, Look Forward Division:

“The U.S. Department of Justice has rejected a request from prosecutors in Warsaw for assistance in the investigation into the alleged CIA prisons in Poland, where captives claim they were tortured. On 18 March, the Prosecutor’s Office of Appeal in Warsaw filed a motion for legal assistance from the US Department of Justice into the probe…[T]he US informed prosecutors that the motion had been rejected on the basis of the international Agreement on Mutual Legal Assistance in Criminal Matters and that the U.S. authorities consider the matter “to be closed”.

So far, the U.S. Justice Department has failed to comply with its treaty obligations to supply information requested by prosecutors in Spain, Germany, Italy, and Poland who are probing allegations of kidnapping, false arrest, assault, and torture by persons believed to be CIA agents in connection with extraordinary rendition operations.”

This has, by far, been my biggest disappointment with the current administration. Legislative policies are one thing-legislation can be amended, superseded, or repealed. But by continuing, and in some cases expanding upon, the Bush administration “war on terror” tactics, and pursuing this “look forward, not back” lunacy, it has now become the accepted and established policy of two successive administrations—one Republican and one Democratic–that the United States of America now condones actions (indefinite detention without charges, denial of due process) that were once upon a time (pre-9/11) considered a violation of our Bill of Rights.

It also lets other countries that enter into treaties with us know that we will abide by the conditions of those treaties only so far as it is convenient and politically expedient for us to do so, and denies us any credibility on the world stage when it comes to the condemnation of other country’s human rights violations.

In short, we prove to the world that America is a nation of preachers and not practicers.

The Rule of Law or the Rule of Political Expediency

06 Wednesday May 2009

Posted by Craig in Obama, Politics, Uncategorized

≈ 1 Comment

Tags

conspires, criminal law, laws, no exceptional circumstances, prosecution, torture, treaties, U.N. Convention Against Torture, U.S. Code

I know there are those who are tired of the subject of torture and the prosecution of those who either committed, authorized, or provided legal justification for these acts, but to my mind there is no more important topic.

It gets to the heart of what the United States of America stands for. Are we a country that abides by our own laws and international treaties which we signed and pledged to uphold, or do   adherence to the law and treaty obligations cease in the aftermath of a terrorist attack and in the name of political expediency?

If we are the former and not the latter, then this should be unacceptable:

“An internal Justice Department inquiry has concluded that Bush administration lawyers committed serious lapses of judgment in writing secret memorandums authorizing brutal interrogations but that they should not be prosecuted, according to government officials briefed on its findings.

The findings, growing out of an inquiry that started in 2004, would represent a stinging rebuke of the lawyers and their legal arguments.

But they would stop short of the criminal referral sought by some human rights advocates, who have suggested that the lawyers could be prosecuted as part of a criminal conspiracy to violate the anti-torture statute.”

U.S. Code, Title 18,2340A says:

(a)  Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

b)  Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c)  Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

Article 4 of the U.N, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed by President Reagan in 1988 clearly states:

“Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.”

Article 2 of the same document:

“No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.”

So I’ll ask again, are we a country where the rule of law prevails or not? Is the United States a country that can be trusted to keep it’s word or not? To me the answer is clear.

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