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Uma chamada para terminar todos os Renditions
Quarta-feira, fevereiro 11o, 2009
Por Marjorie Cohn, Jurist? Binyam Mohamed, residir Ethiopian em Grâ Bretanha, dito foi torturado após a emissão a Marrocos e a Afeganistão em 2002 pelos ESTADOS UNIDOS. governo. Mohamed foi transferido a Guant? namo em 2004 e todas as cargas do terrorismo de encontro a ele foram demitidos o ano passado. Mohamed era uma vítima do rendition extraordinário, em que uma pessoa é sequestrada sem nenhumas continuações legais e transferida a um país extrangeiro para o detention e a interrogação, torturado frequentemente. Mohamed e outros quatro plaintiffs estão acusando Boeing Jeppesen subsidiário Dataplan, Inc. do vôo eles a outros países e acampamentos secretos do CIA onde foram torturados. Em Mohamed? o caso de s, duas justiças britânicas acusa a administração de Bush de exercer pressão sobre o governo britânico para obstruir a liberação da evidência que era? relevante aos allegations da tortura? de Mohamed. Twenty-five linhas editadas fora da corte documentam detalhes incluídos sobre como Mohamed? os genitals de s foram cortados com um scalpel as well as o outro extremo dos métodos da tortura assim que waterboarding? é a pena muito distante a lista das coisas que? de acordo com Ingleses um oficial citou pelo telégrafo (Reino Unido). Os plaintiffs? a queixa cita um empregado anterior de Jeppesen como dizendo? Nós fazemos todos os vôos extraordinários do rendition? você sabe, os vôos da tortura.? Um oficial sênior da companhia também admitiu aparentemente os povos transportados companhia aos países onde seriam torturados. Obama? o departamento da justiça de s apareceu antes do três-julga o painel dos nonos ESTADOS UNIDOS. Corte de apelação do circuito segunda-feira no lawsuit de Jeppesen. Mas em vez de fazer uma ruptura limpa com as políticas escuras dos anos de Bush, a administração de Obama reivindicou o mesmo? segredos do estado? privilegie que Bush se usou obstruir o inquérito em suas políticas da tortura e do surveillance ilegal. Reivindicar que o programa extraordinário do rendition é um segredo do estado é disingenuous desde que é foi documentado extensivamente nos meios. ? Esta era uma oportunidade para que a administração nova aja em seu condemnation da tortura e do rendition, mas preferivelmente escolheu permanecer o curso? disse o ACLU? s Ben Wizner, conselho para os cinco homens. If the judges accept Obama’s state secrets claim, these men will be denied their day in court and precluded from any recovery for the damages they suffered as a result of extraordinary rendition. Two and a half weeks before Obama?s representative appeared in the Jeppesen case, the new President had signed Executive Order 13491. It established a special task force ?to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.? This order prohibits extraordinary rendition. It also ensures humane treatment of persons in U.S. custody or control. But it doesn?t specifically guarantee that prisoners the United States renders to other countries will be free from cruel, inhuman or degrading treatment that doesn?t amount to torture. It does, however, aim to ensure that our government?s practices of transferring people to other countries complies with U.S. laws and policies, including our obligations under international law. One of those laws is the International Covenant on Civil Political Rights (ICCPR), a treaty the United States ratified in 1992. Article 7 of the ICCPR prohibits the States Parties from subjecting persons ?to torture or to cruel, inhuman, or degrading treatment or punishment.? The Human Rights Committee, which is the body that monitors the ICCPR, has interpreted that prohibition to forbid States Parties from exposing ?individuals to the danger of torture or cruel, inhuman or degrading treatment or punishment upon return to another country by way of their extradition, expulsion or refoulement.? Order 13491 also mandates, ?The CIA shall close as expeditiously as possible any detention facilities that it currently operates and shall not operate any such detention facility in the future.? The order does not define ?expeditiously? and the definitional section of the order says that the terms ?detention facilities? and ?detention facility? ?do not refer to facilities used only to hold people on a short-term, transitory basis.? Once again, ?short term? and ?transitory? are not defined. In his confirmation hearing, Attorney General Eric Holder categorically stated that the United States should not turn over an individual to a country where we have reason to believe he will be tortured. Leon Panetta, nominee for CIA director, went further and interpreted Order 13491 as forbidding ?that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values.? But alarmingly, Panetta appeared to champion the same standard used by the Bush administration, which reportedly engaged in extraordinary rendition 100 to 150 times as of March 2005. After September 11, 2001, President Bush issued a classified directive that expanded the CIA?s authority to render terrorist suspects to other States. Former Attorney General Alberto Gonzales said the CIA and the State Department received assurances that prisoners will be treated humanely. ?I will seek the same kinds of assurances that they will not be treated inhumanely,? Panetta told the senators. Gonzales had admitted, however, ?We can?t fully control what that country might do. We obviously expect a country to whom we have rendered a detainee to comply with their representations to us . . . If you?re asking me, ?Does a country always comply?? I don?t have an answer to that.? The answer is no. Binyam Mohamed?s case is apparently the tip of the iceberg. Maher Arar, a Canadian born in Syria, was apprehended by U.S. authorities in New York on September 26, 2002, and transported to Syria, where he was brutally tortured for months. Arar used an Arabic expression to describe the pain he experienced: ?you forget the milk that you have been fed from the breast of your mother.? The Canadian government later exonerated Arar of any terrorist ties. Thirteen CIA operatives were arrested in Italy for kidnapping an Egyptian, Abu Omar, in Milan and transporting him to Cairo where he was tortured. Panetta made clear that the CIA will continue to engage in rendition to detain and interrogate terrorism suspects and transfer them to other countries. ?If we capture a high-value prisoner,? he said, ?I believe we have the right to hold that individual temporarily to be able to debrief that individual and make sure that individual is properly incarcerated.? No clarification of how long is ?temporarily? or what ?debrief? would mean. When Sen. Christopher Bond (R-Mo.) asked about the Clinton administration?s use of the CIA to transfer prisoners to countries where they were later executed, Panetta replied, ?I think that is an appropriate use of rendition.? Jane Mayer, columnist for the New Yorker, has documented numerous instances of extraordinary rendition during the Clinton administration, including cases in which suspects were executed in the country to which the United States had rendered them. Once when Richard Clarke, President Clinton?s chief counter-terrorism adviser on the National Security Council, ?proposed a snatch,? Vice-President Al Gore said, ?That?s a no-brainer. Of course it?s a violation of international law, that?s why it?s a covert action. The guy is a terrorist. Go grab his ass.? There is a slippery slope between ordinary rendition and extraordinary rendition. ?Rendition has to end,? Michael Ratner, president of the Center for Constitutional Rights, told Amy Goodman on Democracy Now! ?Rendition is a violation of sovereignty. It?s a kidnapping. It?s force and violence.? Ratner queried whether Cuba could enter the United States and take Luis Posada, the man responsible for blowing up a commercial Cuban airline in 1976 and killing 73 people. Or whether the United States could go down to Cuba and kidnap Assata Shakur, who escaped a murder charge in New Jersey. Moreover, ?renditions for the most part weren?t very productive,? a former CIA official told the Los Angeles Times. After a prisoner was turned over to authorities in Egypt, Jordan or another country, the CIA had very little influence over how prisoners were treated and whether they were ultimately released. The U.S. government should disclose the identities, fate, and current whereabouts of all persons detained by the CIA or rendered to foreign custody by the CIA since 2001. Those who ordered renditions should be prosecuted. And the special task force should recommend, and Obama should agree to, an end to all renditions. Marjorie Cohn is a professor at Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of Cowboy Republic: Six Ways the Bush Gang Has Defied the Law. Her new book, Rules of Disengagement: The Politics and Honor of Military Dissent (with Kathleen Gilberd), will be published in April 2009. Her articles are archived at www.marjoriecohn.com. Have Your Say: A Call to End All Renditions Please read our posting guidelines before posting. Alternatively you can discuss this report here. Related News
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