Barack Obama

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UN Official: Prosecute “Systematic Crimes and Gross Violations of International Human Rights Law”

Ben Emmerson, UN Special Rapporteur for counterterrorism and human rights. (UN photo)

Ben Emmerson, UN Special Rapporteur for counterterrorism and human rights. (UN photo)


Ben Emmerson is the UN’s Special Rapporteur on counterterrorism and human rights. His statement released yesterday in response to the SSCI torture report points out the clear responsibilities that the US has under the Convention Against Torture and other international human rights laws to prosecute not only those who carried out torture, but those who designed the torture program and gave orders for its implementation.

Emmerson opens by noting the delay in release of the report’s summary:

I welcome the belated publication of the summary report by the United States Senate Select Committee on Intelligence into the crimes of torture and enforced disappearance of terrorist suspects by the Bush-era CIA. It has taken four years since the report was finalised to reach this point. The Administration is to be commended for resisting domestic pressure to suppress these important findings.

In my 2013 report* to the Human Rights Council as SpeciaI Rapporteur, I called on the US Government to release the report without further delay, and to ensure that it was published in full, without excessive and unnecessary redactions.

It seems a bit strange to me that Emmerson would commend the “administration” for “resisting domestic pressure to suppress these important findings”. We can only presume that “administration” refers to the Obama administration. It has been clear that in many instances of the struggle by the SSCI to release the report, the Obama administration has come down more on the side of the CIA than the committee. Only if the committee itself is included in Emmerson’s view of the “administration” does the comment make sense.

Emmerson then gets down to business:

The summary of the Feinstein report which was released this afternoon confirms what the international community has long believed – that there was a clear policy orchestrated at a high level within the Bush administration, which allowed to commit systematic crimes and gross violations of international human rights law.

The identities of the perpetrators, and many other details, have been redacted in the published summary report but are known to the Select Committee and to those who provided the Committee with information on the programme.

So we know that crimes have been committed. Further, the committee also knows who is responsible for those crimes. What to do about it?

It is now time to take action. The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and must face criminal penalties commensurate with the gravity of their crimes.

The fact that the policies revealed in this report were authorised at a high level within the US Government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability.

Note the language here. Emmerson doesn’t say that those responsible for the crimes should be brought to justice. He says outright that they MUST be brought to justice. Emmerson further points out that being authorized at a high level in the government gives no protection. Further, he notes a “conspiracy” to carry out the crimes.

Emmerson then goes on to destroy Barack Obama’s “look forward” bullshit and John Durham’s coverup disguised as an investigation:

International law prohibits the granting of immunities to public officials who have engaged in acts of torture. This applies not only to the actual perpetrators but also to those senior officials within the US Government who devised, planned and authorised these crimes.

As a matter of international law, the US is legally obliged to bring those responsible to justice. The UN Convention Against Torture and the UN Convention on Enforced Disappearances require States to prosecute acts of torture and enforced disappearance where there is sufficient evidence to provide a reasonable prospect of conviction. States are not free to maintain or permit impunity for these grave crimes.

Obama, Holder and Durham simply cannot grant immunity for these crimes. International law forbids it. More specifically, the Convention Against Torture, to which the US is a signatory, prohibits it. Similarly, the Convention on Enforced Disappearances also comes into play in the crimes committed by the US and also prevents the granting of immunity that Obama has tried to orchestrate.

Emmerson’s conclusion reiterates those points and provides a warning to those guilty of these crimes:

It is no defence for a public official to claim that they were acting on superior orders. CIA officers who physically committed acts of torture therefore bear individual criminal responsibility for their conduct, and cannot hide behind the authorisation they were given by their superiors.

However, the heaviest penalties should be reserved for those most seriously implicated in the planning and purported authorisation of these crimes. Former Bush Administration officials who have admitted their involvement in the programme should also face criminal prosecution for their acts.

President Obama made it clear more than five years ago that the US Government recognises the use of waterboarding as torture. There is therefore no excuse for shielding the perpetrators from justice any longer. The US Attorney General is under a legal duty to bring criminal charges against those responsible.

Torture is a crime of universal jurisdiction. The perpetrators may be prosecuted by any other country they may travel to. However, the primary responsibility for bringing them to justice rests with the US Department of Justice and the Attorney General.

Emmerson specifically calls out those who planned and authorized the torture as deserving the “heaviest penalties”.

And they need to be careful. Even though they are facing no punishment in the US for their crimes, these criminals can face prosecution should they travel abroad because torture is a crime subject to universal jurisdiction. Under universal jurisdiction, other countries would normally defer to the US for prosecution of crimes carried out by citizens of the US. However, once it is clear that no such prosecutions will take place, other countries are free to act.

Although I’d like to see them inside cells of much smaller dimensions, it appears that for now those who designed the CIA torture program and ordered its implementation are now imprisoned within the borders of the US because they are at risk of real prosecution while traveling outside the borders.

Stealth Boots in Iraq: Now With Special Bonus Immunity!

Remember when Barack Obama used the magic of semantics in 2010 to turn our boots on the ground in Iraq into non-combat soldiers? Those “non-combat” troops remained for another year or so, with the last troops leaving in December of 2011. But now that Obama wants to return to fighting in Iraq, he has been forced to resort to a much larger array of deceptions than simple semantics to get his boots on the ground for the battle against ISIS. [And we have to fight ISIS because our wonderfully "trained" Iraqi security forces dissolved against them].

Among others, one of the voices for “boots on the grounds” is Max Boot:

Lift the prohibition on U.S. “boots on the ground.” President Obama has not allowed U.S. Special Forces and forward air controllers to embed themselves in the Free Syrian Army, Iraqi security forces, Kurdish peshmerga, or in Sunni tribes when they go into combat as he did with the Northern Alliance in Afghanistan. This lack of eyes on the ground makes it harder to call in air strikes and to improve the combat capacity of U.S. proxies. Experience shows that “combat advisors” fighting alongside indigenous troops are far more effective than trainers confined to large bases.

And Max loves him some Special Forces, as they return on his to-do list for Obama:

Send in the Joint Special Operations Command (JSOC). Between 2003 and 2010, JSOC—composed of units such as SEAL Team Six and Delta Force—became skilled at targeting the networks of al-Qaeda in Iraq. Its success was largely due to its ability to gather intelligence by interrogating prisoners and scooping up computers and documents—something that bombing alone cannot accomplish. JSOC squadrons should once again be moved to the region (they could be stationed in Iraq proper, the Kurdistan Regional Government, Turkey, and/or Jordan) to target high-level ISIS organizers.

So Boot pines for the return of Special Forces to Iraq, not just for embedding to target air strikes, but for a full-fledged return to Petraeus’ death squads in Iraq. But stealthy Obama very likely is already there, according to this Marc Ambinder piece back in September. After first stating his distaste for the “boots on the ground” meme, Ambinder tells us that covert operators are almost certainly already there, citing a Daily Beast report by Ford Sypher: Continue reading

Moral Depravity of US Syria Policy: Unlimited Funds for Fighting, UN Suspends Refugee Food Aid

There is no way that the United States and its allies can say that they didn’t see this coming. They had a very clearly stated warning in September. Nevertheless, while the US continues throwing virtually unlimited funds at training “moderatefighters for Syria and even contemplating a modified “no-fly zone” that is virtually certain to lead to deeper direct US involvement in the fighting, the United Nations’ World Food Programme was forced to announce yesterday that financial assistance to feed 1.7 million Syrian refugees is being suspended immediately because the international community has provided insufficient funding for the program. The funding gap could not have come at a worse time for the refugees:

Under this programme, poor Syrian refugees in Jordan, Lebanon, Turkey, Iraq and Egypt have used vouchers to buy food in local shops. Without WFP vouchers, many families will go hungry. For refugees already struggling to survive the harsh winter, the consequences of halting this assistance will be devastating.

“A suspension of WFP food assistance will endanger the health and safety of these refugees and will potentially cause further tensions, instability and insecurity in the neighbouring host countries,” said WFP Executive Director Ertharin Cousin, in an appeal to donors. “The suspension of WFP food assistance will be disastrous for many already suffering families.

Syrian refugees in camps and informal settlements throughout the region are ill prepared for yet another harsh winter, especially in Lebanon and Jordan, where many children are bare foot and without proper clothing. Many tents are drenched in mud and hygiene conditions are growing extremely precarious.

Cousin said that WFP’s Syria emergency operations are now in critical need of funding. Many donor commitments remain unfulfilled. WFP requires a total of US$64 million immediately to support Syrian refugees in neighbouring countries during the month of December.

The funding gap for WFP was over $350 million in the September announcement. That figure was for funding through the end of the year, putting the monthly cost at just over $115 million. The gap for December still stands at $64 million, meaning that the WFP has gotten less than half the funds that it sought in September.

Recall that back in late September, the announcement of the three month need came on the same day the Senate approved $500 million for training “moderate” rebels to send into Syria. Once again, just as word of the cutoff has come out, the US is openly discussing committing more funds to escalating the Syrian civil war:

The Obama administration is weighing the opening of a new front in the air war against the Islamic State in Syria, part of an offensive to push back militants along the western part of Syria’s border with Turkey and create a relatively safe zone for U.S.-backed Syrian rebel forces to move in.

Under the plan, U.S. aircraft flying from Turkey’s Incirlik air base would target positions the militants currently hold along the border north of Aleppo, eastward toward the besieged town of Kobane. Turkish special forces would move into the area to assist the targeting and help Syrian opposition fighters consolidate their hold on the territory.

Of course, this will require lots more money and is likely to drag us much deeper into the conflict:

If implemented, the plan would require significantly more U.S. resources than are now devoted to the fight against the Islamic State in Syria, including more planes and more money. Congress is debating both the funding and the new authorization for operations in Syria and Iraq that have already been approved by the president.

Although officials said the proposal is not intended to establish a traditional no-fly zone, requiring constant patrols against other aircraft entering the area — potentially up to 100 miles long and 20 miles deep inside Syria — its proponents recognize the potential for a “slippery slope” into a far more major operation.

Once more, the US cares only about putting more arms and more bombs into the conflict while families starve and go without adequate shelter or cold weather clothing. The Washington Post talked to one family that will be hit hard by the end of the voucher program:

For Syrians such as Mouhanad Mouree, there was shock that he, his wife and their six children may no longer receive their World Food Program vouchers. They fled their home town of Homs seven months ago for Tripoli, a city in northern Lebanon, where they live in a garage for $200 a month. Mouree is especially concerned about his 2-year-old son.

“I can hardly afford diapers and milk for my youngest son, and we freeze in the cold weather because we cannot afford heating with electricity,” he said by telephone. “I don’t know what we’ll do.”

In a war that has cost over 200,000 lives, the US still chooses to put its resources into escalation of the war while ignoring the needs of those who will die of exposure and neglect.

But they hate us for our freedoms.

Over $80 Billion Wasted in “Training” Iraqi, Afghan Forces: No Lessons Learned

There simply is no level of duplicity that Iraqi or Afghan military leaders can engage in that will lead to the US re-examining the failed assumption that “training” armed forces in those countries will stabilize them. Between the two efforts, the US has now wasted over $80 billion and more than a decade of time just on training and equipping, and yet neither force can withstand even a fraction of the forces they now face.

The latest revelations of just how failed the training effort has been are stunning, and yet we can rest assured that they will be completely disregarded as decision-makers in Washington continue to pour even more money into a cause that has long ago been proven hopeless.

Consider the latest revelations.

We learned yesterday that a cursory investigation in Iraq has already revealed at least 50,000 “ghost soldiers”:

The Iraqi army has been paying salaries to at least 50,000 soldiers who don’t exist, Iraqi Prime Minister Haider al-Abadi said Sunday, an indication of the level of corruption that permeates an institution that the United States has spent billions equipping and arming.

A preliminary investigation into “ghost soldiers” — whose salaries are being drawn but who are not in military service — revealed the tens of thousands of false names on Defense Ministry rolls, Abadi told parliament Sunday. Follow-up investigations are expected to uncover “more and more,” he added.

We can only imagine how much larger the total will become should Iraq actually follow through with a more thorough investigation, but already one Iraqi official quoted in the article hinted the monetary loss could be at least three times what is now known. But that isn’t even the worst condemnation of US practices in this report. Consider this quote that the Post seems to consider a throw-away since it is buried deep within the article:

“The problems are wide, and it’s an extremely difficult task which is going to involve some strong will,” said Iraqi security analyst Saeed al-Jayashi. “Training is weak and unprofessional.”

So the glorious training program in Iraq, which was proudly under the leadership of ass-kissing little chickenshit David Petraeus when it was being heralded, is now finally exposed as “weak and unprofessional”. And the US will do exactly diddly squat about these revelations. Recall that last week we learned that the Defense Department does not consider reducing corruption to be part of their role as advisors in Iraq. I’ll go out on a limb here and predict that when confirmation hearings are held for a new Secretary of Defense, there won’t be a single question aimed at asking how our current training program will be improved to avoid the failures that have been so clearly demonstrated in the previous attempts.

The situation in Afghanistan, although it is receiving less attention, is no better. Reuters reported yesterday on how poorly equipped Afghan forces are for dealing with the Taliban, despite over $60 billion that the US has spent to train and equip those forces:

Afghan district police chief Ahmadullah Anwari only has enough grenades to hand out three to each checkpoint in an area of Helmand province swarming with Taliban insurgents who launch almost daily attacks on security forces.

“Sometimes up to 200 Taliban attack our checkpoints and if there are no army reinforcements, we lose the fight,” said Anwari, in charge of one of Afghanistan’s most volatile districts, Sangin.

“It shames me to say that we don’t have enough weapons and equipment. But this is a bitter reality.”

The article goes on to utterly destroy the ridiculous statements from Joseph Anderson, commander of ISAF Joint Command, back on November 5. Despite Anderson claiming that Afghan forces “are winning”, Reuters points out that claims that the ANSF remains in control of most of the country are grossly overstated:

And while the coalition says Afghan forces control most of the country, the reality on the ground can be very different.

Graeme Smith, senior Kabul analyst for the International Crisis Group, says that in many remote districts, the government controls a few administrative buildings “but the influence of Afghan forces may not extend far beyond that point”.

And yet, despite this clear history of failed efforts to train and equip forces, the US now plans to spend more than another $5 billion fighting ISIS. If it weren’t for the carbon dioxide that would be released, it would probably be better for all of us if that money were simply incinerated.

Seven Month Extension of P5+1 Negotiations? We’d Be Lucky With Seven Weeks

I must confess that I repeatedly put off writing this post. Similarly, the P5+1 countries and Iran now have repeatedly put off finalizing a deal that assures the West that Iran’s nuclear program has no chance to quickly move to a nuclear weapon. I had been operating under the assumption that a final deal would be announced at the November 24 deadline. After all, everything seemed aligned to make a deal seem necessary for both sides. Iran’s economy has been reeling under sanctions for years, but Rouhani’s push for “moderation” had silenced hardliners in his country who see any deal as capitulation. How long Rouhani can hold them back, however, seems to be the biggest mystery. Barack Obama has been waging war seemingly all over the planet, so a deal to avoid another one would be a huge accomplishment for him. And with a new Republican majority set to take over the Senate, meddling by Senate hawks is assured.

But no agreement was reached on Monday’s deadline. Even worse, rumblings that at least a “framework” would be announced also proved to be false. In fact, the framework target is now four months away, with another three months built in to iron out the technical details within that framework.

Jeffrey Lewis sees this long timeframe as delusion:

One wonders what the parties are thinking. Is there any reason to believe that this problem will be easier to solve in four months’ time? Is there any reason to think that, in fact, the parties have four months? Allow me to be the bearer of two items of bad news.

First, the 114th Congress will pass new sanctions legislation. This year, the White House held off the Menendez-Kirk sanctions bill in the Senate by the narrowest of margins. (The House passing sanctions is a formality at this point.) Proponents had the votes — 60 co-sponsors, including 16 Democrats — but then-Senate Majority Leader Harry Reid refused to let it come to the floor.

Incoming Senate Majority Leader Mitch McConnell won’t be so accommodating.

/snip/

Second, Iran is continuing research and development on a new generation of centrifuges. A few weeks ago, there was a minor kerfuffle when the International Atomic Energy Agency reported that Iran was test-feeding a new centrifuge under development called the IR-5. The issue was that Iran had not previously fed uranium hexafluoride into that type of machine. The Iranians denied this was a violation. (The definitive answer depends on “technical understandings” in the implementation agreement that the EU will not make public.)

/snip/

With another extension, though, Iran is free to continue its R&D work on new generations of centrifuges — including resuming testing of the IR-5 and eventually the IR-8.
Oh, yes, the IR-8. The IR-5 is a prelude to this much bigger problem. Iran has declared a new centrifuge model called the IR-8 to the IAEA. (One of these bad boys is sitting at the “pilot” enrichment facility, saying, “Feed me, Seymour.”) The IR-8 is about 16 times more capable than the existing centrifuge types installed at the Natanz fuel enrichment plant.

Even the New York Times editorial page sees the situation as desperate, with extremists starting to salivate over the mayhem they can cause: Continue reading

Did Obama’s Beloved “Moderate” FSA Fighters Flee Aleppo?

The Obama Administration continues to hold onto the fantasy that training and equipping a group of “moderate” rebels in Syria will allow threading the gap between the Bashar al-Assad regime that continues to relentlessly attack its own citizens and the ISIS fighters who behead many of the folks in their path. After all, Obama and his minions seem to want us to to think, the “moderates” only occasionally eat a victim’s heart or behead people after posing for photos with John McCain.

The press in Turkey is reporting that Obama’s centerpiece of the “moderate” rebel movement, the Free Syrian Army, has fled the strategic city of Aleppo where battles have taken place since early in the Syrian civil war. The reports say that within the past two weeks, the new leader of the FSA, Jamal Marouf (previous FSA leader Salem Idris was among those in the famous photo with McCain) fled to Turkey where he is being protected. Iranian news is repeating these reports, with stories in both Fars News and PressTV. Both Iranian stories cite this report from Turkey:

The Free Syrian Army (FSA), the recognized armed opposition group against the Bashar al-Assad in Syria, has ceased its resistance in Aleppo, Syria’s second biggest city, withdrawing its 14,000 militia from the city, a ranking Turkish security source told the Hürriyet Daily News on Nov. 17.

“Its leader Jamal Marouf has fled to Turkey,” confirmed the source, who asked not to be named. “He is currently being hosted and protected by the Turkish state.”

The source did not give an exact date of the escape but said it was within the last two weeks, that is, the first half of November. The source declined to give Marouf’s whereabouts in Turkey.

Wow, so not only did the leader apparently leave, but 14,000 fighters abandoned Aleppo, too? That’s huge. The only Western news story I see so far on this is an AFP story carried by Yahoo News in the UK. The story opens by describing how desperate the refugee problem will be in Turkey if Aleppo has indeed fallen:

Turkey fears another two to three million Syrian refugees could cross its borders if the region of Syria’s second city of Aleppo is overrun either by Islamist extremists or regime forces, Foreign Minister Mevlut Cavusoglu said Tuesday.

Turkey is already hosting at least 1.5 million refugees displaced by the Syrian conflict and has repeatedly warned that its capacities are being strained by the numbers.

It takes another sixteen paragraphs or so before getting to the news about Marouf:

Meanwhile the Turkish online newspaper Radikal reported that the chief of the moderate anti-Assad group the Syrian Revolutionary Front, Jamal Maarouf, had fled to Turkey two weeks ago.

There was no confirmation of the report and no further details were immediately available.

But never fear! The article gives us this rosy news as a conclusion:

Media reports said at the weekend that Turkey and the United States have agreed a plan under which some 2,000 FSA fighters would be trained on Turkish soil.

Let’s see, 14,000 troops fled, and now we’re going to train a whopping 2000 to take their place.

Winning!

US Feeding its Addiction to Training Iraqi Military

Political and military leaders in the US are hopelessly addicted to the idea of training an Iraqi military. Never mind that it fails every time a “new” initiative on training is introduced. As soon as the situation in Iraq deteriorates, the only idea that Washington can put forward is train more Iraqi security forces. As soon as genius Paul Bremer disbanded the Iraqi military and banned Saddam’s Baath party, training a new force became central to US activities in Iraq even though Bremer’s move had made it impossible.

David Petraeus, the ass-kissing little chickenshit himself, first led the training effort and was given several Mulligans. He burst on the political scene in 2004, penning an op-ed in the Washington Post in which he spouted fictitious numbers on accomplishments in training and perhaps helped Bush to re-election. He then was hailed again by the press as the perfect leader to train Iraqi forces in 2007, with no discussion of what happened to all those forces he “trained” earlier. And now that Iraqi forces fled their posts in droves ahead of ISIS, the only solution our fearless leaders can imagine is for us to once again train Iraqi forces.

Not only are we getting another fix for our training junkies, but Chuck Hagel is accelerating the effort:

U.S. Defense Secretary Chuck Hagel said on Sunday the Pentagon will accelerate its mission to train Iraqi forces to combat Islamic State militants, using troops already in Iraq to start the effort while funding is sought for a broader initiative.

The quest for more funding had been announced earlier by Obama:

Hagel’s announcement follows President Barack Obama’s Nov. 7 decision to roughly double the number of U.S. troops in Iraq, adding 1,500 military personnel to establish sites to train nine Iraqi brigades and set up two more centers to advise military commands.

Obama also sought $5.6 billion in funding from Congress for the initiative, including $1.6 billion to train and equip Iraqi forces. Officials initially said the funding would have to be approved by Congress before the new effort could begin.

Translating from military-speak, nine brigades in US forces means between 27,000 and 45,000 troops. So Obama wants $1.6 billion to train a few more tens of thousands of Iraqi troops. We have already spent many more billions to train several hundreds of thousands of Iraqi security forces. Several times. Why on earth would anyone think it will go any better this time?

Of course, one bit of information feeding the desire for the junkies is that Iran now openly admits that they have advisors in Iraq helping the military:

A senior Iraqi official lauded Iran’s assistance to Iraq in fighting terrorist groups, including the ISIL, and said the Iranian military advisors played an important role in freeing Jarf Asakhr in the Musayyib district in the North of Babylon province.

“The Iranian advisors were present in the battle ground during the Jarf Asakhr operations and provided excellent counselling to the fighters of popular front,” Governor-General of Karbala province Aqil al-Tarihi told FNA on Sunday.

Stressing that the cleanup and liberation operations in Jarf Asakhr were all carried out by the Iraqi forces, he said, “Iran helped the success of the operations with its useful consultations.”

Late September, Deputy Chief of Staff of the Iranian Armed Forces Major General Gholam Ali Rashid announced that Iran’s military advisors were present in Iraq, Lebanon and Palestine to provide those nations with necessary military recommendations.

Besides bragging about their advisors in Iraq, Iran is having a lot of fun trolling the US on its misadventures in Iraq. We know, of course, that ISIS has come into possession of large amounts of US-provided weaponry as Iraqi bases have been seized and that there have been reports of US airdrops of supplies and weapons missing their targets. Iran provided this hot take on those developments today:

Iraqi intelligence sources disclosed that US military planes have been supplying the Islamic State of Iraq and the Levant Takfiri terrorists with weapons and foodstuff under the guise of air raids on militants’ positions.

The Iraqi forces have found out that the US aircraft usually airdrop arms and food cargoes for ISIL militants who collect them on the ground, Asia news agency quoted Iraqi army’s intelligence officers as saying.

“The Iraqi intelligence sources reiterated that the US military planes have airdropped several aid cargoes for ISIL terrorists to help them resist the siege laid by the Iraqi army, security and popular forces,” added the report.

On Saturday, Iraqi security sources disclosed that the ISIL terrorist group is using the state-of-the-art weapons which are only manufactured by the US and each of their bullets are worth thousands of dollars.

“What is important is that the US sends these weapons to only those that cooperate with the Pentagon and this indicates that the US plays a role in arming the ISIL,” an Iraqi security source told FNA.

The source noted that the most important advantage of the US-made weapons used by the ISIL is that “these bullets pierce armored vehicles and kill the people inside the vehicle”.

He said each of such bullets is worth $2,000, and added, “These weapons have killed many Iraqi military and volunteer forces so far.”

Well, gosh. If ISIS has all those sophisticated weapons we originally gave to Iraq, the only answer is to send more of those sophisticated weapons to Iraq and train more Iraqi troops. Who will once again abandon their posts, leaving the weapons for the next opponent to seize…

UNCAT Process Exposes Flaw in US Torture Coverup: DOJ Not Final Authority

A combination of factors is forcing the issue of US torture back into the international spotlight and there are even hints that progress on some fronts is occurring. Consider, for instance, James Risen’s report this morning that the American Pyschological Association, greatly embarrassed by the revelations in Risen’s just-published book, has re-opened an investigation into the role the association played in giving cover to pyschologists who lent their credentials to the torture program in an effort to pronounce it medically ethical. We also have gotten the first official hint from Mark Udall himself that he has not ruled out using the Senate’s speech and debate clause to enter the Senate Intelligence Committtee’s report on torture into the record (the way that Mike Gravel disclosed the Pentagon Papers), bypassing the two year old debate about redactions.

We should pay special attention, though, to word filtering out of Geneva as the United Nations Committee Against Torture reviews the report submitted by the US. As a signatory to the Convention Against Torture, the US is required to make periodic reports to the committee. The process, however, is exceedingly slow. The current report from the US (pdf) is finally getting around to answering questions submitted to the US in 2006 and 2010. A New York Times story from Charlie Savage shows that the committee has been paying close attention both to what the US is saying and to what the US is doing. Consider this blockbuster:

Alessio Bruni of Italy, a member of the United Nations committee, pressed the delegation to explain Appendix M of the manual, which contains special procedures for separating captives in order to prevent them from communicating. The appendix says that prisoners shall receive at least four hours of sleep a day — an amount Mr. Bruni said would be sleep deprivation over prolonged periods and unrelated to preventing communication.

Brig. Gen. Richard C. Gross, the top legal adviser to the Joint Chiefs of Staff, said that reading the appendix as intended to permit sleep deprivation was a misinterpretation. Four hours is “a minimum standard; it’s not the maximum they can get,” he said, adding that the rule had to be read in the context of the rest of the manual, including a requirement for medical and legal monitoring of treatment “to ensure it is humane, legal and so forth.”

Mr. Bruni was not persuaded. He said that calling the provision a minimum standard still meant four hours a night for long periods was “permissible.” He suggested that Appendix M “be simply deleted.”

This exchange counts as a huge victory for the community of activists who have fought hard to abolish all forms of torture by the US. When it comes to the Appendix M battle, though, perhaps nobody has been more determined to expose the torture still embedded in Appendix M practices than Jeff Kaye, and he is to be congratulated for the support he provided in getting this question to the forefront.

The most important part of the proceedings, though, pertains to the questions about US investigation of torture since it now openly admits torture took place. Returning to Savage’s report:

A provision of the treaty, the Convention Against Torture, requires parties to investigate and provide accountability for past instances of torture. The American delegation said that the United States had investigated the C.I.A. program, and that the coming publication of a Senate Intelligence Committee report would add to the public record.

/snip/

The American officials pointed to a criminal investigation by John H. Durham, an assistant United States attorney in Connecticut, whom Michael B. Mukasey, then attorney general, appointed in 2008 to look at whether the C.I.A. had broken the law by destroying videotapes of its interrogations of Qaeda suspects.

In 2009, Attorney General Eric H. Holder Jr. expanded Mr. Durham’s mandate to look at C.I.A. torture that went beyond what the Justice Department had said was legal. Mr. Durham eventually closed the investigation without indicting anyone.

Another member of the United Nations panel, Jens Modvig of Denmark, pressed for details. He asked if Mr. Durham’s team had interviewed any current or former detainees.

It is clear from Modvig’s question that he feels the US investigation fell short of what is required. To get a good feel for that, we can look to this terrific “shadow report” (pdf) to the UNCAT prepared by “Advocates for US Torture Prosecutions” at Harvard Law School.

The report does an excellent job of framing the questions at hand, beginning with the observation that “The U.S. Government’s criminal program of torture was authorized at the highest levels” (fitting nicely with Marcy’s post earlier today about it being authorized by the President). But when we get to inadequacy of Durham’s investigation, we see this (footnotes removed): Continue reading

After Acid Attacks on Women, Rouhani Speaks Out Against “Discord” “Under the Flag of Islam”

In the historic  city of Isfahan in Iran yesterday, several thousand protesters gathered in front of the judiciary building and shouted slogans against assailants who have thrown acid on a number of women in recent weeks. Even though a spokesman for the Iranian judiciary announced Monday that four attackers had been arrested and that the harshest possible punishment will be handed out, the protesters appeared to feel that not enough is being done.

The Guardian describes the situation that led to the protests:

Assailants riding on motorbikes, in a similar sequence of events, have thrown acid in the face of at least eight women who were driving in the street with their windows pulled down. Local media say the number of victims could be higher. The attacks have so far claimed one life, an opposition website said.

Many Iranians believe that victims were targeted because they were women wearing clothes that could be deemed inappropriate in the eyes of hardliners – a claim vehemently denied by the authorities.

Isfahani citizens, horrified by the scale of vicious assaults, gathered in front of the city’s justice department on Wednesday, calling on the authorities to put an end to the crimes which has highlighted the striking challenges women face in Iran, where hijab is obligatory.

A number of protesters in Isfahan chanted slogans that described the attackers as Iran’s own version of Isis, the extremist group that has committed many atrocities in Iraq and Syria.

A number of videos of the protest appear to exist. Interestingly, they appear to be from Iranian opposition groups. One of the groups also put up some photos from the protest.

Somehow, I suspect that these opposition groups will be very unhappy with Thomas Erdbrink’s coverage of the protest, though. Erdbrink notes that the protest appears to have been organized through social media, which may be a hint that he thinks the opposition groups helped to organize it. The opposition groups would go along with Erdbrink’s coverage of a proposed new law at the heart of the controversy:

The acid attacks have prompted a heightened resistance to the new law, which Parliament passed on Sunday. The law is aimed at protecting citizens who feel compelled to correct those who, in their view, do not adhere to Iran’s strict social laws. The details of the law, which would officially empower the government and private citizens to give verbal or written statements on social mores, have yet to be completed.

While strict rules on dress, alcohol, sexual relations and much more are not new, the law is aimed at defining crimes against propriety or decency, which in the past would often be corrected informally. In Iran, where most people live in cities and many are highly educated, conservatives are trying to avert changes in attitudes by enforcing traditions.

But Erdbrink points out that Hassan Rouhani spoke out very forcefully against the law, providing a stark contrast to the image the opposition paints of him going along with harsh punishment meted out by conservatives:

President Hassan Rouhani strongly criticized the new law on Wednesday, saying that he feared it would divide society because, as many observers have pointed out, in reality it offers the country’s small but influential faction of hard-liners more power.

“The sacred call to virtue is not the right of a select group of people, a handful taking the moral high ground and acting as guardians,” Mr. Rouhani said during a trip to the provincial city of Zanjan. “It is upon all Muslims to exhort love, respect for others and human dignity.”

“May such a day never come that some lead our society down the path to insecurity, sow discord and cause divisions, all under the flag of Islam,” he said, his voice shaking with emotion.

What a powerful statement. Imagine if Barack Obama said “May such a day never come that some lead our society down the path to insecurity, sow discord and cause divisions, all under the flag of Christianity”. And imagine if he said it with a voice shaking with emotion.

Sadly, both Iran and the United States have already reached that point where religious conservatives have caused insecurity, sown discord and caused divisions. And that is what makes Rouhani’s statement so dangerously courageous and prevents Obama from ever contemplating doing the same.

Rouhani to NBC: “US Presence in Region Exacerbates Terrorism Crisis”

NBC News’ Ann Curry interviewed Iranian President Hassan Rouhani yesterday in her second extended interview with him. She had been the first Westerner to interview Rouhani after his election. Remarkably, the story put up by NBC on their website to accompany the video seen above did not mention the part of the interview that Mehr News chose to highlight in Iran. From Mehr News:

Iran’s president has denounced ISIL terrorist group for its savagery and said US presence in the region has exacerbates [sic] the terrorism crisis since 2001.

That comment about US presence in the region exacerbating the terrorism crisis appears nowhere in the NBC article. The article does, however carry Rouhani’s accusation that the US approach to fighting ISIS is cowardly:

Iranian President Hassan Rouhani, in an exclusive interview with NBC News’ Ann Curry, denounced ISIS for its savagery but also branded the U.S.-led coalition against the terror group as “ridiculous.” Speaking from the presidential palace in Tehran ahead of his visit to the United Nations, Rouhani questioned President Obama’s decision to go after ISIS with airstrikes.

“Are Americans afraid of giving casualties on the ground in Iraq? Are they afraid of their soldiers being killed in the fight they claim is against terrorism?” Rouhani said.

“If they want to use planes and if they want to use unmanned planes so that nobody is injured from the Americans, is it really possible to fight terrorism without any hardship, without any sacrifice? Is it possible to reach a big goal without that? In all regional and international issues, the victorious one is the one who is ready to do sacrifice.

Rouhani’s accusation that the US wants to carry out this fight without sacrifices seems to be a very accurate description of the approach by the Obama Administration.

Further evidence for the “ridiculous” charge comes in this Huffington Post story about a Congressional briefing on US strategy:

One Democratic member of Congress said that the CIA has made it clear that it doubts the possibility that the administration’s strategy could succeed.

“I have heard it expressed, outside of classified contexts, that what you heard from your intelligence sources is correct, because the CIA regards the effort as doomed to failure,” the congressman said in an email. “Specifically (again without referring to classified information), the CIA thinks that it is impossible to train and equip a force of pro-Western Syrian nationals that can fight and defeat Assad, al-Nusra and ISIS, regardless of whatever air support that force may receive.”

He added that, as the CIA sees it, the ramped-up backing of rebels is an expansion of a strategy that is already not working. “The CIA also believes that its previous assignment to accomplish this was basically a fool’s errand, and they are well aware of the fact that many of the arms that they provided ended up in the wrong hands,” the congressman said, echoing intelligence sources.

Iranian Foreign Minister Javad Zarif, already in New York for the beginning of talks on the nuclear deal and the opening of the UN General Assembly, told NPR that he still favors a deal with the P5+1 group of nations:

On the subject of negotiations over Iran’s nuclear weapons program, Zarif said all the “wrong options” have already been tried and that “we are ready” for an agreement.

Zarif is fully cognizant of the forces allied against reaching a deal, though:

“The only problem is how this could be presented to some domestic constituencies, primarily in the United States but also in places in Europe,” because “some are not interested in any deal,” he said.

“If they think any deal with Iran is a bad idea, there is no amount of — I don’t want to call it concession — no amount of assurance that is inherent in any deal because they are not interested in a deal, period,” Zarif said.

In sharp contrast with what U.S. Secretary of State John Kerry, Israeli Prime Minister Benjamin Netanyahu and other political leaders have said about no deal being better than a bad one, Zarif said: “I think if you compare any deal with no deal, it’s clear that a deal is much preferable.”

Gosh, considering how the US is working closely with anti-Iran groups, even to the point of interfering in lawsuits to prevent disclosure of how the government shares state secrets with them, Zarif seems to have a very clear grasp of the problem a deal faces.

Despite his harsh comments about the US (and harsh comments about ISIS, as well), Rouhani also held out hope that the P5+1 final agreement can be reached.

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JimWhiteGNV We tortured some folks. So? #2014in5words
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emptywheel @billmon1 No, really, the punch line is Evan Bayh. He's actually QUOTED in the torture report ... being a fucking moron.
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emptywheel RT @AlecMacGillis: When a player gets multiple concussions, knows what it means, but can't quit. Great @KVanValkenburg on Wes Welker: http:…
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emptywheel BREAKINGNOTBREAKING Evan Bayh is a chump. http://t.co/intM2rUXoC
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JimWhiteGNV Shocking! Oh, wait... RT @nytimesworld: Panel to Advise Against Penalty for C.I.A.’s Computer Search http://t.co/MqXeS8DWwV
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emptywheel @empiricalerror LOL. Wung it.
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JimWhiteGNV Tebow keeping it classy. In WalMart ads now. Sheesh.
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JimWhiteGNV Hmm. William Broad asks why silicon content of anthrax attacks not investigated better. http://t.co/kVd8i55k0V See https://t.co/29vuNgukNV
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emptywheel @GregoryMcNeal My bacon comes from a farm too small for a drone to find. #ObscurityInBacon
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JimWhiteGNV RT @emptywheel: When certain Tweeps or certain Gray Science Journos write about a topic it tends to raise suspicion, not allay it.
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emptywheel @GregoryMcNeal Give it 6 months and SJC Chair and CAFO fan will ban that.
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emptywheel @ErrataRob That was a long time ago, though, and a different President, so we don't have to worry about a rush to judgment.
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