Afghanistan Elections – Take Two
On Sunday, the UN-backed Electoral Complaints Commission (ECC) announced the results from its fraud investigations regarding the August 20th Afghanistan presidential elections. The commission’s conclusions invalidated nearly one million votes cast as fraudulent, with 210 out of the 350 polling stations marred by fraud. As a consequence, incumbent President Hamid Karzai’s margin of victory has diminished to below the 50% vote threshold necessary for an outright win forcing him to concede to a run-off election against opponent Abdullah Abdullah on November 7th. (more…)
AFGHANISTAN – Election Recount The United Nations Electoral Complaints Commission has ordered a recount of about 10 percent of votes from Afghanistan’s recent president election. The recount could reduce President Hamid Karzai’s lead to below the 50 percent threshold, which would in turn force a second-round runoff. The recount will involve polling stations throughout Afghanistan and not only in the south, where Karzai finds his strongest ethnic support and where the worst of the cheating is alleged to have happened.
Second-place candidate Abdullah Abdullah has welcomed the move but believes that a higher percentage of votes should be recounted, claiming the fraud is much more extensive.
Meanwhile, the BBC reports that the chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, predicts the US may require many more troops in Afghanistan to defeat the Taliban, despite a doubling of the force this year. Mullen was speaking to the Senate Armed Services Committee during his nomination hearing for his second term as President Barack Obama’s senior military adviser. US Army General Stanley McChrystal, the top US and NATO commander in Afghanistan, is expected to make a request for more troops in the next couple weeks.
We will press for an investigation of all fraud allegations. It is important that the elected president is recognized and respected by the entire population of Afghanistan – German Foreign Minister Frank-Walter Steinmeier, September 15, 2009
A properly resourced counterinsurgency probably means more forces. And, without question, more time and more commitment to the protection of the Afghan people and to the development of good governance - Admiral Mike Mullen, September 15, 2009
UGANDA – Still Chasing the LRA
As the Ugandan rebel Lord’s Resistance Army (LRA) continues to terrorize civilians throughout the region, the Ugandan army is stepping up efforts to put an end to their rebellion. On Friday, the UN reported an increasing number of “brutal” attacks in South Sudan, which have included burning villages, killing civilians and abducting children. There have already been seven attacks leading to civilian displacement in September alone.
Meanwhile, the Ugandan military has captured Okot Atiak, a feared senior rebel of the LRA, while pursuing a military campaign in southeast Central African Republic (CAR). Although Atiak is not one of the 3 LRA commanders indicted by the ICC, his arrest is proving useful to the Ugandan military as he is providing intelligence to troops in the field.
In a separate development, at least 15 people were killed and hundreds arrested following pro-monarchy protests in the Ugandan capital, Kampala. Reuters reports that the police had barred the Buganda monarch, the “Kabaka,” from visiting a town claimed by his kingdom, which triggered riots in Kampala and other central towns. This is part of a long-simmering row over land and power between the Ugandan government and Buganda. Ugandan President Museveni accuses the King of Baganda of overstepping his authority and trying to meddle in politics. Human Rights Watch has accused the Ugandan police of having used unnecessary lethal force during the protests.
Calm has now returned to Kampala, but some analysts say that this is just one of several incidents which point to increasing turmoil ahead of the 2011 elections.
Many innocent people are losing their lives every week, and the United Nations is very concerned about the killing, abduction, maiming and displacement of innocent civilians – Ameerah Haq, UN humanitarian coordinator for Sudan, September 11, 2009
It was agreed that since (LRA leader Joseph) Kony is a regional problem, he should be pursued into Central African Republic where he had gone - Uganda military spokesman Lieutenant Colonel Felix Kulayigye, September 7, 2009
Upcoming
September 14-October 2: 12th Session of the UN Human Rights Council.
September 14: US Special Envoy to the Middle East George Mitchell starts trip to Israel, Egypt, Jordan and Lebanon.
Juliette Rousselot contributed to this post.
Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team.
AFGHANISTAN – Election violence and a nod to “warlord politics”
The world is looking to Afghanistan this week, where Presidential and Provincial Council elections will be held on August 20th. The Taliban are threatening to attack polling stations in the country’s unstable southern province. The government estimates that about 14 percent of the country’s polling centers are considered too dangerous for people to vote. Moreover, the risk of violence will increase should no presidential candidate reach more than 50 percent of the vote, leading to a mandatory run-off between the top two contenders. Nevertheless, US government officials are optimistic, stating that the Taliban have failed to derail the elections. In other developments, both government officials and the Taliban have been increasing pressure and threats against journalists in the country and limiting independent and critical reporting.
In what the Christian Science Monitor calls a nod to ‘warlord politics’, suspected war criminal General Dostum returned to Afghanistan this week. Addressing the thousands of people who welcomed him home, he boasted that he is too popular to be persecuted: “If you mess with Dostum, you mess with a million people.” His return has shown the failure of the Afghan government and its international supporters to demonstrate that the rule of law is respected in Afghanistan.
We hope that, from top to bottom, every effort will be taken to make election day secure, to eliminate fraud, and to address any complaints fairly and quickly. It will be several days before we have preliminary results and we hope initial reports will refrain from speculation until results are announced. Final results could take several weeks. We call on candidates and their supporters to behave responsibly before and after the elections – US Secretary of State Hillary Clinton
We have made clear to the Government of Afghanistan our serious concerns regarding the return of Mr. Dostum and any prospective role in today’s Afghanistan. And I think that President Obama had earlier, based on an earlier story, had asked that the national security team gather further information on his background, including concerns that he might have been involved in the deaths of a significant number of Taliban prisoners of war a few years ago, and that the team is continuing to gather that information – Philip J. Crowley, Assistant Secretary of State for Public Affairs
A ferocious offensive by the Taliban [was] designed to try to kill the elections. Their goal is to prevent the elections and they have failed in that – Richard Holbrooke, US Special Envoy to Afghanistan and Pakistan.
CENTRAL AFRICAN REPUBLIC – Humanitarian situation deteriorates
Ongoing ethnic conflict in northeastern Central African Republic (CAR) and recurring attacks by the Ugandan rebel Lord’s Resistance Army (LRA) in the southeast part of CAR have created overwhelming humanitarian needs throughout the country. The UN Office for the Coordination of Humanitarian Affairs estimates that thousands of internally displaced people have been left without food, protection or shelter.
The country is the second poorest in the world after Sierra Leone and has long been unstable. Although five of the rebel groups signed peace treaties with the government in late 2008, the security situation has been deteriorating since the beginning of the year, causing about 18,000 people to flee to Chad and many more losing their homes during attacks. Children are particularly at risk in CAR, with almost 700,000 children under five living below acceptable standards, according to UNICEF.
Meanwhile, CAR Communications Minister Cyriaque Gonda announced on Monday that the government has set up a three-year timetable to disarm, demobilize and reintegrate an estimated 6,000 to 10,000 former rebels. However, upcoming elections in 2010 and the formation of a new rebel group in 2009 in the northeast of the country are likely to lead to increasing insecurity and tension in CAR.
The situation is still very volatile and the displaced population remains traumatized […] Fear is very evident amongst the people who had to repeatedly leave their villages and watch their homes and livelihoods being looted, burnt and destroyed – Catherine Bragg, UN Deputy Emergency Relief Coordinator and Assistant Secretary-General for Humanitarian Affairs
These children’s lives, their ability to learn, to earn, and to lead productive lives is being stunted by this tragic crisis – Jeremy Hopkins, acting representative of UNICEF in CAR
Coming This Week
August 18: U.S. President Barack Obama meets Egyptian President Hosni Mubarak in Washington, DC
August 18: Secretary Clinton meets with Colombian Foreign Minister Bermudez
August 20: Presidential and Provincial Council Elections in Afghanistan
August 17-24: US Special Envoy to Sudan Scott Gration travels to Sudan (Juba, Makalal), Ethiopia and Egypt
Juliette Rousselot contributed to this post.
Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team.
AFGHANISTAN – Increased violence prior to elections
As the second presidential election draws closer, increased violence from Taliban militants appears imminent. This past Monday, Taliban militants attacked official buildings in Pul-i-Alam, launching rockets towards the police headquarters and the governor’s building, threatening to weaken governmental authority. The Taliban have declared that they will continue with the attacks in order to disrupt the August 20th elections while the United Nations fears that intensified violence jeopardizes the voter turnout. This attack is one of the closest to have occurred to Kabul, the Afghan capital in the days prior to the election.
As the threat to civilian life increases, the White House is in the process of re-evaluating its “metrics” of success to determine if the revamped strategy of the United States in Afghanistan is working. The new measures include tracking the size, strength and durability of the Afghan National Army, analyzing the number of operations led by the Afghan soldiers. The plan is also to include further protection of civilians while isolating the insurgents from support and sanctuary.
Must Reads
The Wall Street Journal’sinteractive map of Regional Violence in Afghanistan
“My message to my Democratic colleagues is that we made mistakes in Iraq. Let’s not ‘Rumsfeld’ Afghanistan,” Senator Lindsey Graham (R), South Carolina.
“It’s a very aggressive enemy right now. We’ve got to stop their momentum, stop their initiative. It’s hard work.” General McChrystal, U.S. commander in Afghanistan.
MYANMAR – The shameful verdict
Myanmar’s military junta handed down its shameful verdict against opposition leader Aung San Suu Kyi today, locking her up for at least another year and a half. Conveniently for the oppressive Generals, this will put her under house arrest until next year’s planned elections are over. The time between now and next year’s polls bears the great risk of further arrests and oppression of Myanmar’s political opposition. After all, there are already now more than 2,100 political prisoners locked up in the country’s prisons, where they are held in poor conditions and at risk of torture. To quell any potential protests in the aftermath of today’s verdict, the regime has strongly tightened security in the country.
Today’s verdict led to worldwide condemnations, and the UN Security Council will be holding a special session on the topic. Political leaders around the world have already spoken out against this injustice.
OVERHEARD – The world reacts to the verdict
(…) I join the international community in calling for Aung San Suu Kyi’s immediate unconditional release. Today’s unjust decision reminds us of the thousands of other political prisoners in Burma who, like Aung San Suu Kyi, have been denied their liberty because of their pursuit of a government that respects the will, rights, and aspirations of all Burmese citizens. They, too, should be freed. Suppressing ideas never succeeds in making them go away. I call on the Burmese regime to heed the views of its own people and the international community and to work towards genuine national reconciliation. (…) – US President Barack Obama
Unless she and all other political prisoners in Myanmar (Burma) are released and allowed to participate in free and fair elections, the credibility of the political process will remain in doubt – UN Secretary General Ban Ki-Moon
The reduced sentence was “not a concession — it is a manipulation of an illegal process. It must not be accepted by any government.” – Desmond Tutu, Archbishop Emeritus of Cape Town
With respect to Aung San Suu Kyi, she should not have been tried and she should not have been convicted. We continue to call for her release from continuing house arrest. (…) The Burmese junta should immediately end its repression of so many in this country, start a dialogue with the oppositon and the ethnic groups. Otherwise the elections they have scheduled for next year will have absolutely no legitimacy – US Secretary of State Hillary Clinton
The Australian government is convinced that Aung San Suu Kyi was tried on spurious charges and not granted a fair hearing – Australian Prime Minister Kevin Rudd
The Burmese authorities have shown with this iniquitous ruling their decision to ignore pressing messages from the international community – French President Nicolas Sarkozy
I am both saddened and angry at the verdict today, August 11, following the sham trial of Aung San Suu Kyi. This is a purely political sentence designed to prevent her from taking part in the regime’s planned elections next year. So long as Aung San Suu Kyi and all those political opponents imprisoned in Burma remain in detention and are prevented from playing their full part in the political process, the planned elections in 2010 will have no credibility or legitimacy – British Prime Minister Gordon Brown
August 10: President Obama arrives in Mexico to discuss immigration and the drug cartels
August 11: Secretary Clinton to arrive in Eastern Congo
Expected later on this week: A report from Congress describing the 50 suspected Afghan drug lords with ties to the Taliban, a status that allows them to be captured and killed at any time.
Jacki Mowery contributed to this post.
Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team.
In the last month, a spotlight has fallen on two sharply different terrorism cases that illuminate thebest and worse of America’s efforts to defeat Al Qaeda:
The case of Mohammed Jawad, conducted with the gloves off, is a disaster.
The case of Bryant Vinas, conducted within the law, appears to be triumph.
Mohammed Jawad was detained in Kabul in December 2002 after a grenade was thrown at US soldiers, injuring three members of a patrol. Jawad’s age has not been established with any degree of certainty but it is not disputed that he was a minor at the time of the attack. According to Afghan government, he may have been as young as twelve.
Jawad was subjected to a range of so-called enhanced interrogation techniques including forced sleep deprivation and physical abuse. Judge Huvelle, who eventually heard Jawad’s habeas corpus petition, threw out every statement he made in US custody as “a product of torture”. On July 30, she ordered that Jawad be released by August 21.
Jawad has been illegally detained for more than six and a half years. Worse still – the United States tortured a child. And for what? Jawad could offer no actionable intelligence. The government can’t even prove he committed a crime. His detention has cost the American taxpayer hundreds of thousands of dollars. It is a lose-lose scenario emblematic of the dark side approach promoted by Dick Cheney.
Bryant Neal Vinas, alias Bashir al-Ameriki, a twenty-six year old Hispanic man from Long Island, converted to Islam in 2004 and travelled to Pakistan to make contact with Al Qaeda in late 2007 or early 2008.
Vinas received weapons training from Al Qaeda with a particular concentration on explosives. In September 2008, he took part in a rocket attack on a US military base in Afghanistan.
Vinas even agreed to undertake a suicide bombing, although his handlers let him off the hook. He was, in short, a terroristwho engaged in hostile acts against the United States.
In November 2008, he was arrested in Peshwar by the Pakistani authorities. Because Vinas was an American citizen he was not shipped to Guantanamo or Bagram but instead treated like an ordinary criminal and transferred to the custody of the FBI.
Vinas’ case was handled entirely within the American criminal justice system. He was interviewed by FBI investigators within the constraints of domestic US law and with all the protections that the US constitution affords US citizens.
Operating within these constraints experienced FBI agents were able to persuade Vinas to cooperate with the US authorities and provide valuable and timely intelligence regarding potential terrorist plot.
Federal prosecutors were able to build a strong case against Vinas successfully charging him with conspiracy to murder U.S. citizens, providing information to a terrorist organization, and receiving “military-type training” from a Al-Qaeda.
Vinas eventually pled guilty to these charges. He has agreed to appear as a key witness in a number of other terrorist trials and is currently a protected witness in the federal witness protection program living inside the United States.
What a contrast exists between these two cases – one effectively and efficiently handled within the law and the other, a Kafkaesque nightmare in which a minor has been abused and incarcerated for more than six years to no purpose whatsoever.
These two cases could not make it any plainer. Our criminal justice system not only can handle complex terrorism cases, it actually does a substantially better job of it than the cack-handed shadow warriors unleashed by the Bush administration.
The real tragedy is that this lesson seems to be lost on the Obama White House. Jeh Johnson’s admission before Congress that the administration may consider detaining individuals acquitted by the Military Commissions seems to set the stage for further miscarriages of justice and for yet further damage to America’s battered international reputation.
We don’t need to keep going down this path. There is a better way. We know how to do this smarter and we know how do this right. Just ask Bryant Vinas.
Last week’s revelations about war crimes committed in Afghanistan in 2001 and the US supported cover up have caused quite a stir. Even General Abdul Dostum, the alleged perpetrator of the mass killings of Taliban prisoners of war, made a public comment, stating that “it is impossible prisoners were abused”. Right. My colleague Sam Zarifi wrote up an excellent response. He brings in his first hand experience in Afghanistan. Here are some excerpts:
If, as Dostum asserts, there were investigations by the Afghan and U.S. governments, they should be made public. If their findings were accurate, Dostum should have nothing to fear from a reexamination of the facts. But the facts currently available indicate very strongly that many detainees – possibly hundreds – died while in the custody of Dostum’s forces in November 2001 and their bodies were dumped in the nearby desert of Dasht-e Leili (adding to the numerous bodies unceremoniously deposited there by various warring factions over the past three decades).
(…)
I was a human rights investigator in northwestern Afghanistan in February 2002. At the time, numerous witnesses spoke of seeing several trucks dumping what appeared to be human remains in Dasht-e Leili, while others told of detainees being held for days in overcrowded shipping containers without food, water, or medical care, and, in some instances, being shot while inside the containers.
(…)
Crucially, the International Committee of the Red Cross did not have access to the Taliban detainees at Sheberghan until December 10, 2001 – and thus could not monitor their conditions during the period when the detainees died. This undermines Dostum’s claim that a massacre could not have occurred because the ICRC would have known about it.
(…)
Dostum is correct in one regard: There is a highly politicized atmosphere surrounding the timing of the increased attention to this incident, and that is linked to President Hamid Karzai’s reinstatement of Dostum as the army chief of staff after he had been removed in disgrace last year. Karzai has also nominated as his vice presidential candidate Marshal Fahim, another Northern Alliance commander facing widespread allegations of serious human rights violations and war crimes.
(…)
Many Afghans, who have repeatedly demanded truth and accountability for the three decades of atrocities they have endured, have told Amnesty International they are extremely disappointed by the presence of such figures in Karzai’s administration. The ongoing impunity of senior government officials has done much to erode public confidence in the Afghan government, something now readily acknowledged even by international militaries.
(…)
General Dostum has bemoaned the increasing operations of the Taliban and Al-Qaeda after seven years of international nation building. It is time to ask: After seven years of appeasing warlords and human rights violators, isn’t it time for the Afghan government and its international supporters to try truth and accountability?
Copyright (c) 2009. RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036.
Physicians for Human Rights (PHR) demonstrated in a more than impressive way this week how science and technology can advance the cause of human rights. Using forensic analysis and satellite imagery, they did an excellent job in documenting a war crime—and the subsequent US supported cover-up—in Afghanistan, where in the wake of the US led invasion in 2001 hundreds of prisoners of war were killed by a US backed warlord and dumped in a mass grave in Dasht-e-Leili. Check out this must see video:
In 2002, PHR investigators discovered the presence of a mass grave site in Dasht-e-Leili, outside of the city of Sheberghan in northern Afghanistan. The grave site is reported to contain anywhere from hundreds to thousands of Taliban prisoners of war. Forensic analysis suggests that most of the prisoners died from suffocation. They reportedly died while inside closed metal shipping containers.
Upon returning to the site in 2008, Stefan Schmitt, Director of PHR’s International Forensic Program, noticed that the mass grave might have been tampered with. To gather additional evidence, PHR requested satellite imagery from the area, which showed two sizeable pits, compromising the original area. The satellite imagery obtained by the AAAS indicated that there was earth-moving equipment present on August 5, 2006 along with one of two new pits. Later imagery on October 24, 2007, revealed the second pit in the same location as the earth-moving equipment from August 5.
The Bush Administration discouraged any attempts to investigate the episode, as the warlord suspected of committing the crimes, Gen. Abdul Rashid Dostum, was on the C.I.A.’s payroll, while his militia worked alongside the United States Special Forces in 2001. The Department of State has urged the Obama administration to oppose Gen. Dostum’s reappointment in the Afghani government; however the president has yet to take action on this issue.
As we still wait for the President to ensure accountability for past human rights violations of the Bush administration, this is another test of Obama’s commitment to human rights. It will be interesting to see if the administration fully investigates the 2001 killings in Afghanistan, at a time when Obama is sending an additional 21,000 more troops to battle the increasing Taliban insurgency. A first response by Obama to PHR’s work seems at least promising.
US air base in Bagram, Afghanistan. (c) Digital Globe 2009. Screenshot taken from Google Earth
Detainees held in the U.S. military detention center at Bagram Air Base are in the middle of a conundrum over their legal rights. Human rights campaigners argue that the prisoners should be provided with the same rights as those being held in the U.S. naval base in Guantanamo Bay, Cuba. The United States military, however, argues that they deserve different treatment since they are held in a current war zone. In Bagram, detainees are informed about the reason for their arrest, and are offered the ability to defend themselves without outside legal counsel at six-month military review sessions.
To protest their lack of legal representation, the detainees themselves have begun protesting, refusing privileges such as recreation time and family visits in order to obtain access to lawyers or independent reviews. The prisoners further refuse to leave their cells to shower or exercise. The prison wide protest started on July 1 and only became public recently through the International Committee of the Red Cross.
The U.S. detention facility in Bagram is even more closed off to the public than Guantanmo Bay. The Washington Post has more background information on the expanding detention facility.
Their operations are vast and war zone contractors are likely here to stay, as Suzanne Simons writes in her CNN International article. Her article is a comprehensive piece that places emphasis on one of the more salient issues regarding private military and security companies (PMSCs) or contractors: lack of regulation, oversight, and accountability. The PMSC industry has grown rapidly since the war on terror and continues to play an integral role in the conflict in Afghanistan under the Obama administration, but the US government, as reported by the CWC in its Interim Report, lacks resources to manage the industry that it has come to depend on like a crutch.
Since 2001, Congress has appropriated about $830 billion to fund U.S. operations in Iraq and Afghanistan. Over that period, America’s reliance on contractors has grown to unprecedented proportions to support logistics, security, and reconstruction efforts related to those operations. More than 240,000 contractor employees—about 80 percent of them foreign nationals—now work in Iraq and Afghanistan, supporting the Department of Defense. Additional contractor employees support the Department of State and the U.S. Agency for International Development.
The result from the combination of a growing military industry and weak government regulation and oversight is a culture of impunity and lack of accountability for the many human rights abuses committed by PMSCs. Yes, five Blackwater guards will be tried in February 2010 for opening fire and killing civilians in Nisour Square and yes, a private civil lawsuit was filed against Blackwater contractor Andrew J. Moonen for killing one of the Iraqi Vice President’s bodyguards in Baghdad’s green zone. However, let us also keep in mind not only how long it took for the Department of Justice (DOJ) to act in the first case, but also the fact that numerous cases of detainee abuse committed by PMSC personnel have gone unprosecuted. In February 2008, Amnesty found out through Senator Durbin’s inquiry to the DOJ that 24 cases of detainee abuse were transferred to the Eastern District of Virginia; 22 of the 24 were dismissed and 2 are pending. Our efforts to find out why these cases were dismissed or unresolved were fruitless.
The industry cannot be expected to regulate itself and a government that is increasingly outsourcing its operations needs to ensure that it has the mechanisms to regulate PMSCs’ activities and hold the companies accountable for their actions (and not reward them with more contracts). Doug Brooks of the International Peace Operations Association (IPOA) stated that PMSCs are here to stay and that it’s about time we made it work but after the recent completion of a twelfth version of IPOA’s Code of Conduct, the trade association still has not made it work. Essentially, the Code is ineffectual. For starters, there are no guidelines detailing what compliance with its standards entails; companies do not have to show that they are operationalizing the Code to IPOA or any third-party monitor; and there are no requirements for public reporting on company efforts to adhere to the Code.
This is why the U.S. government will have to move beyond the Military Extraterritorial Jurisdiction Act (MEJA) to create a new body of legislation that will hold all U.S. government contractors working overseas accountable – irrespective of which government agency employs them – if they commit human rights violations.
Last Friday, the Obama administration turned to the “dark-side” yet again, and appealed a district court ruling that would give detainees in Afghanistan a chance to challenge their detention before a judge.
The Justice Department also went on to ask the judge to halt proceedings on three other habeas corpus cases.
This wasn’t the first time we’d seen this from the Obama administration. Back in February, the Justice Department announced it would no longer use the term “enemy combatant”, which sounds great!, until you hear the part about them saying that despite this change, they still have the authority to detain suspects indefinitely, without charge or trial.
Sounds like Cheney to me.
And get this, the detainees represented in this most recent case weren’t captured on the battlefield in Afghanistan. They were Yemenis and Tunisians the U.S. government decided might be a threat for whatever unknown reason, and locked them away for six years without any charges.
It is one thing to detain those captured on the surrounding battlefield at a place like Bagram, which respondents correctly maintain is in a theater of war. It is quite another thing to apprehend people in foreign countries — far from any Afghan battlefield — and then bring them to a theater of war, where the Constitution arguable may not reach. Such rendition resurrects the same specter of limitless Executive power the Supreme Court sought to guard against in Boumediene — the concern that the Executive could move detainees physically beyond the reach of the Constitution and detain them indefinitely
That’s coming from a judge who Glenn Greenwald notes:
is an appointee of George W. Bush, a former Whitewater prosecutor, and a very pro-executive-power judge.
And that Boumediene Supreme Court ruling he references? Listen to what Obama had to say about that before he was president:
Today’s Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court’s decision is a rejection of the Bush Administration’s attempt to create a legal black hole at Guantanamo – yet another failed policy supported by John McCain. This is an important step toward reestablishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed habeas corpus with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy.
Right. So, what happened to Barack Obama? Why does that phrase “absolute power corrupts absolutely” keep ringing in our heads? The only way we’re going to banish the forces of the “dark-side”, as Cheney likes to call them, is by holding everyone responsible for unleashing said forces accountable.
Accountability means no one is above the law. President. Republican. Democrat. It doesn’t matter.
Greenwald argues Spain not only has the right to do this, but actually has an obligation under the Convention Against Torture and Geneva Conventions. And more importantly, the primary responsibility under these international laws to prosecute lie with the country whose officials authorized the crimes.
Why does it feel like Obama will fight to hold onto that “limitless Executive power” every step of the way? Could there be any clearer a reason why this nation must move forward with an independent commission of inquiry? (you can tell Congress to do just that here)
Amnesty International works to protect human rights worldwide. We have more than 2.2 million supporters, activists and volunteers in over 150 countries, and are completely independent from government, corporate or national interests.
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Juliette Rousselot is the International Advocacy Assistant for the Science for Human Rights (SHR) program. In this position, she provides general support to the program, as well as advocacy support for country work on SHR projects, with a focus on sub-Saharan Africa and the Crisis Prevention and Response work. See all »