Yesterday, DutchNews.nl ran a story which appeared in the Dutch daily AD about Albert Heijn railway station shops banning Moroccan youth from working in them.
[S]everal branches of AH To Go in Amsterdam and at the Hague's main station include the words 'No Moroccans' in bold letters on a list of times and days when extra staff are needed.
The list was emailed to 31 AH To Go shops on June 4, the paper says. Branch managers who asked if this was correct were sent another email the same day with the text 'urgent, No Moroccans', the paper says.
AH To Go shops are small supermarkets where people can buy a sandwich or salad as well as essential supplies. Albert Heijn is part of the bourse-listed Ahold supermarket group.
If you read further, you'll see it's garnered quite a few comments.
That is REVOLTING. I have also seen many places where it's made clear only men or young ladies wanted. They put the AGES and AH has done that as well right in the window!
Some aspects of life here are NOT advanced.. and open discrimination is one of them. ++++++++++ It's not only AH there are many other areas racial discrimination is going on (for confirmation please check it with the Human Rights Organizations, the UN department of human rights/Netherlands etc).
Yes, for me also its a shocking news that very openly extreme discriminating employment policies were shown even at the window's)
Discrimination is in every human society,country and continent.It's not only here in the Netherlands.
If the political leadership doesn't realize their responsibilities to unite Dutch Nation under the motto " We are one nation with different colours and traditions",then many more incidents are knocking at our door step. Which will effect every body!
We all have to condemn any discrimination by any one including the criminal acts by any one,with out naming a particular ethnic group.
We all know that whatever our actions or right or wrong,positive or negative at the end we have to receive back good or bad.
We all have to become a nation a force against those elements willing to disturb peace and harmony in our country.
The focus has to be positive,constructive and productive and that's the only way to obtain positive Civic Results.
++++++++++ As always, the Netherlands shows the world that it is a bastion of racism underneath its image of tolerance and weed smoking. Te UB needs to step in and make the Dutch government invest at least 3% of its GDP in anti racism education in schools, universities, workplace. The culture that was at the origin of apartheid and horrors in the spice islands of Asia has a long way to go in educating its Caucasian aborigine population about accepting others. Affirmative action is the only solution: at least 10% of gov employees and professionals in firms should be of non Caucasian origin in the Netherlands for the next 2 decades. The Obama meter says that the Netherlands is 300 year away from having an Obama as a president if things remain as they are.
The AD's story about branches of Albert Heijn's To Go stores being told not to employ Moroccans is a slap in the face to children prepared to work for less than €4 an hour, says Robin Pascoe.
Supermarkets are currently engaged in yet another price war, based on the myth that food should be cheap.
And one of the results of that is pressure on wages - paying your staff as little as you can get away with and preferring cheap youngsters who earn less than the official minimum wage.
There is a reason, therefore, that Holland's supermarkets are full of teenagers doing the repetitive, physical and never-ending job of stocking the shelves or manning the tills.
Working in a supermarket is very badly paid. As a 17-year-old, you will be lucky to earn more than €3.60 an hour. No tips.
These are jobs which in the big cities at least are largely done by children from an ethnic minority background. Middle-class white kids don't want to dirty their hands for such a trivial amount.
And yet, here we have a company - a division of Dutch Rail - which has decided some of its 'to go' stores at stations should not take on any more Moroccans. And why? According to one nameless individual, customers feel threatened.
There are two main points to be made here. Imagine if the company had said no Jews, or no Blacks, or no Germans? There would have been an outcry.
But no Moroccans? Well, there has been a bit of muttering about taking action against the staff involved and about apologising. But the follow-up coverage has been muted.
And where are the MPs demanding to know why people working for a state-owned company think this is acceptable and calling for heads to roll? Nowhere, so far at least.
It's hard enough to be a Dutch teenager with Moroccan roots in foreigner-hostile Holland. And this ban is not only racist, but it's a slap in the face to a group of youngsters who are prepared to work for such poor pay.
COMMENT: "... prepared to work for such poor pay."
Yeah, you can say that, as if they have a choice. I would suggest the youths are forced to take these jobs because there is nothing else for them.
Mr Pascoe has written about exploitation of workers. And he alludes to xenophobia and racism, but doesn't go deeper; he mentions neither the inherent systemic (covert) white privelege nor the growing Islamophobia throughout the country.
Here is Ms. Vienna Teng with City Hall. I wish she would write a song about Massachusetts but that's okay. My daughter was married at this city hall, so I love the song.
And if you never read the post here on this painting...
it was painted by my dear friend Steve Emery, whose inspiration for it were my daughter and daughter-in-law's wedding photographs at taken at San Francisco City Hall last Fall. Every time I try to write about how much this painting means to my family and me, I get a bit chocked up and completely lose the words. But I think you know. Visit Steve's gallery. It is a very uplifting space.
as an american woman, it is difficult for me to wrap my mind around the thought of being thought of as less than a human being. i should say as a modern american woman because women in america were thought of in that way throughout our history- and indeed in pockets throughout the country today. women in america have only had the right to vote as equal citizens since 1920. we take it for granted today but that was less than 100 years ago.
i would ask that you think about not getting your mom or wife flowers this year- as a favor to other women around the globe. yes, it does provide them with a job- but when you factor in the health risks- to me, it is not worth it. and keep in mind that most women around the world are exploited, beaten, battered, raped, murdered- because they can be.
i give laura bush credit for highlighting the conditions of women in afghanistan- i hope that she does continue to work for economic freedom for the women there.
there have been innumerable assaults on the constitution- pretty much from its inception. the john adams contingent has not been pleased that 'the great unwashed' was given any say whatsoever in their own governance. those descendants we see today splashed all over fox noise, hate radio, state and local governments, tea parties, and now..... million militia marches. guess that's why they are stock piling all that ammo.
but i just don't know what to say about the torture issue. i have been a strident voice for years- pushing and pushing for people to realize that free societies take the risk of being 'less secure' in order to remain free. pushing for people to realize that we, the people, were losing the document that gave us our freedoms- legally- in america. and people were afraid. they were afraid of muslim extremists who may bomb our cities or unleash biological terror in 'the homeland.'
but the people were wrong. the terrorists lived amongst us- called themselves americans. and willfully and gleefully stripped civil liberties away at a rate unprecedented in our history. and always my question was- why? why are they doing this? when is enough money and power enough? and i didn't have a good, tangible answer. i still don't. the closest i get is simply- because they could.
because they knew going in what they wanted to do- they created 9/11 to shock america into swallowing their lines of bullshit about the country being vulnerable. they created the crisis in order to go into war mode- special presidential war powers indefinitely. they manufactured reasons to go to war with iraq and decimated and tortured people and ruined the lives of millions of people.
torture is arguably the worst thing you can do to a person. it effects them physically- and mentally- and if they survive- it effects them for the rest of their lives. and their families and neighbors and fellow countrymen- and it does not work for information. and americans authorized this- and carried it out. now, i realize that we have been doing this for years- at the very least training operatives on how to carry it out. but these folks planned to torture other folks to send a message loud and clear- that they were in charge and that's it.
over the last 8 years or so, folks like me have been called traitors, conspiracy theorists, crazy, etc.- and while it generally came from the right, much came from the left too. folks simply didn't want to believe that fellow americans could carry out what bushco and the rubber stamp legislative and judicial branches did. this couldn't happen in america- we are the land of the free. but it did.
and i guess what my purpose in writing this post is- to say simply this- the people on the right are wrong. period. they are the traitors and the unpatriotic people. i don't consider them americans at all. the people on the left who have been complicit and who have gone along with the right- in the name of power or blackmail or whatever- and didn't stand up- same thing. there is nothing patriotic about stripping civil liberties away from a democratic republic in the name of security. there is nothing noble or patriotic or brave in advocating torturing another human being. these people are cowards.
for all of the grandstanding and pretending to give a damn about the founding fathers and the constitution- and apparently, the boston tea party- these folks have not actually read the documents. they didn't listen to saint ronnie about america being an example to the world- 'a shining city' and blah, blah, blah- we were set up as the beacon of hope to the world- and we have no right to the title. so, it is time to let the people who claim to be americans know- you aren't. the rest of us are going to have to grow a set- because if we want any semblance of the country we believed in- we are going to have to fight for it. the right is arming itself- and if you pooh pooh that off- well, you may end up in a detention facility right here in the us of a.
sorry shep- we do torture- did torture- probably still do torture. the next question is- will be hold onto our principles and hold folks accountable? or perhaps the better question is- do we have any principles left?
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... for someone who is supposed to know law and who has repeatedly pledged to respect not only the rule of law of your country but also internationallaws and treaties, you and your administration are definitely acting like two-faced, mendacious, incompetents.
Obama Justice Dep. defends Rumsfeld in torture case
In a brief filed Thursday evening, Obama Justice Department lawyers extended many of the same arguments made by Bush attorneys – that top government officials have qualified immunity from prosecution and that Guantanamo detainees do not have constitutional rights to due process.
The Department of Justice has asserted that a Supreme Court ruling reaffirming the rights of Guantanamo detainees to habeus corpus does not apply to plaintiffs in a case against former Secretary of Defense Donald Rumsfeld because the plaintiffs were released from prison four years prior to the SCOTUS decision.
“It is fair to say that the current brief that is filed by the new administration supports a lot of the arguments that were made by the previous administration,” said Kate Toomey, an attorney with Baach Robinson & Lewis who is representing the former detainees in an interview with RAW STORY. “They continue to assert that torture was in the scope of employment and could be reasonably expected. They continue to assert that these [top officials] be entitled to immunity. They also continue to argue that detainees at Guantanamo don’t have constitutional rights.”
Let me remind you of what I previously conveyed to your CIA director, Mr. Leon Panetta:
Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
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.
An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 4
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.
Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Article 5
Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
When the alleged offender is a national of that State;
When the victim was a national of that State if that State considers it appropriate.
Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in Paragraph 1 of this article.
This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
Article 7
The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.
Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.
Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction.
Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
Incidentally, I ended this previous reminder of the laws of the land of your country, Mr. President, with the following probing question (addressed then to Mr. Panetta):
Are you then saying that you, and therefore the Obama administration, repudiate such laws?
It would seem that I now have an unequivocal answer to this question.
Hence, Mr. President, you and your administration stand in utter contempt of the laws of your own country, as well as of your own constitution and all international laws and treaties signed by your country to this effect.
Just be reminded of your very own words (emphasis added):
"But what we cannot do is have the president of the United States state, as a matter of policy, that there is a loophole or an exception where we would sanction torture. I think that diminishes us and it sends the wrong message to the world."
Allow me to paraphrase what I conveyed already to your CIA director:
It should be obvious to you now, sir, that your demonstrated legal strategies so far not only constitute implied condoning of torture, but furthermore constitute a disavowal of the law of your country regarding torture - and consequently A) this makes you directly complicit after the fact of any and all acts of torture performed under the Bush administration; and B) this makes you directly complicit after the fact of the policies of torture sanctioned/approved/encouraged/allowed by the Bush administration.
All of which, under the same laws outlined above, render you and your administration equally guilty of criminal offences as outlined by said laws against torture.
Mr. President Obama - you are a sham and an incompetent - and a criminal one at that.
Just. Like. Your. Predecessor.
You, sir, are no change at all.
You are merely an extension - and continuation - of the crimes against Humanity, human rights and civil rights, that have been committed over the last eight years, and which are now still being committed under you and your equally criminal administration.
Consequently, you may consider yourself put on notice regarding such criminality.
After all - ignorance of the law is not an excuse to justify breaking the law ... as you should well know.
May you go down as much in infamy as your predecessor has.
That, at the very least, would constitute small comfort to those of us who genuinely and sincerely uphold human rights, human decency and civil rights - you know - the truly civilized ones.
An ideal that you, sir, and your damned administration, cannot claim to be anymore.
Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
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.
An order from a superior officer or a public authority may not be invoked as a justification of torture.
Article 4
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.
Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature.
Article 5
Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences referred to in article 4 in the following cases:
When the offences are committed in any territory under its jurisdiction or on board a ship or aircraft registered in that State;
When the alleged offender is a national of that State;
When the victim was a national of that State if that State considers it appropriate.
Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over such offences in cases where the alleged offender is present in any territory under its jurisdiction and it does not extradite him pursuant to article 8 to any of the States mentioned in Paragraph 1 of this article.
This Convention does not exclude any criminal jurisdiction exercised in accordance with internal law.
Article 7
The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution.
These authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. In the cases referred to in article 5, paragraph 2, the standards of evidence required for prosecution and conviction shall in no way be less stringent than those which apply in the cases referred to in article 5, paragraph 1.
Any person regarding whom proceedings are brought in connection with any of the offences referred to in article 4 shall be guaranteed fair treatment at all stages of the proceedings.
Article 12
Each State Party shall ensure that its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committee in any territory under its jurisdiction.
Article 15
Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.
Therefore, it should be obvious to you now, sir, that your aforementioned e-mail declaration not only constitutes implied condoning of torture, but furthermore constitutes a disavowal of the law of your country regarding torture - and consequently A) this makes you directly complicit after the fact of any and all acts of torture performed by CIA agents since 2001 (i.e. under the Bush administration); B) this makes you directly complicit after the fact of the policies of torture sanctioned/approved/encouraged/allowed by the Bush administration; and C) by extension due to the context of your nomination as CIA director by President Obama, this makes the Obama administration directly complicit after the fact (through your own implied condoning) of the policies of torture sanctioned/approved/encouraged/allowed by the Bush administration.
All of which, under the same laws, render you and the Obama administration equally guilty of criminal offence as outlined by said laws against torture.
Are you then saying that you, and therefore the Obama administration, repudiate such laws?
If that is not the case, then I strongly suggest to you, sir, that you seriously reconsider your position ...
I'm sort of weak in my enthusiasm for complicated legal matters, you know? So the title of the Prop 8 video immediately caught my eye: Proposition 8 Made Simple. If you haven't seen this, you have to.
SEAN HANNITY: That’s somewhat frightening, you’re going to close Guantanamo Bay, you don’t know what’s going to happen, you don’t know where you’re going to put these people. [1/23/09] GLENN BECK: Somebody told me that if this goes through and we put 200 people into this system, that it will shut down our justice system. Our justice system just won’t be able to do it.[1/20/09] BRIAN KILMEADE: You’re talking about the worst of the Taliban, the worst of al Qaeda, and we have to let them go, give them trials? Why do we need to do this and compromise the CIA and our intelligence bureau — a lot of the intelligence was built on these guys, was done using our clandestine operations. So we have to expose that for these trials? [1/22/09]
Rep. Jack Murtha (D-PA) said last week that the U.S. could hold the detainees in federal prisons, just like we hold thousands of other dangerous inmates. This morning, Fox and Friends responded by sending a reporter to Murtha’s district to flash photos of suspected terrorists — their only identification being Muslim headgear — and ask residents, “Would you want a guy like this living in your backyard?” Watch it:
Despite Fox’s suggestion that detainees could be pitching a tent in your backyard, Guantanamo detainees transferred to the U.S. for trials would be housed in federal prisons — where dozens of dangerous terrorists are already held. In fact, the United States has already successfully prosecuted 145 terrorism cases in federal court, a sharp contrast to the series of debacles in Guantanamo prosecutions.
Later in the segment, the Fox hosts repeated some of the right wing’s favorite myths about Guantanamo. They endorsed the “great idea” conservatives have been pushing of sending detainees to Alcatraz or a “haunted” prison in West Virginia:
CLAYTON MORRIS: We’ve got Alcatraz that exists. We give tours out there. Put them out on an island on Alcatraz, which is under our jurisdiction. What about Moundsville State Penitentiary? Someone from West Virginia wrote me and said it’s a haunted prison. It’s vacant.
In other words, Fox News and the right wing would prefer to send Guantanamo detainees to theme parks rather than to maximum-security federal prisons.
“One year from now, Gitmo won’t be closed…. If it is, there will be an uproar in the U.S. about where to put these people.”
Indeed, it will be very difficult to close Guantanamo, made harder in fact by the incompetence of the Bush administration. This weekend, the Washington Post reported that the administration’s plans to “quickly close the military prison there were set back last week when incoming legal and national security officials — barred until the inauguration from examining classified material on the [Gitmo] detainees — discovered that there were no comprehensive case files on many of them.” Update: Today’s Progress Report debunks the right-wing myths about closing Guantanamo.
And then, we have that as well:
Gregory allowed 61-detainee falsehood to stand unrebutted on Meet the Press
On the January 25 edition of NBC's Meet the Press, host David Gregory allowed House Minority Leader John Boehner (R-OH) to repeat the falsehood that, in Boehner's words, "we've already found" that 61 detainees released from the detention facilities at Guantánamo Bay are now "back on the battlefield." In fact, the figure, which comes from the Pentagon, includes 43 former prisoners who are suspected of, but have not been confirmed as, having "return[ed] to the fight." Moreover, even the Pentagon's claim that it has confirmed that 18 former Guantánamo detainees have returned to the battlefield has been questioned by experts.
After Gregory asked if President Obama's executive order requiring that the detention facilities at Guantánamo Bay be closed within a year was "realistic," Boehner responded: "[W]hat do you do with these 270 prisoners? Some of them you might be able to release, but we've already found 61 of those that we've released back on the battlefield."
Gregory did not note that according to the Pentagon, the 61-detainee figure includes 43 former prisoners who are suspected of, but have not been confirmed as, having engaged in terrorist activity -- detainees who have not been "already found [...] back on the battlefield," as Boehner asserted. Indeed, as Media Matters for Americanoted, during a January 13 press conference, Pentagon spokesman Geoff Morrell stated: "The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight. So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight."
Further, the Pentagon's definition of "returning to the fight" has been challenged by some analysts. As CNN national security analyst Peter Bergen noted on the January 23 edition of Anderson Cooper 360: "[R]eturning to the fight, in Pentagon terms, could be engaging in anti-American propaganda, something that's not entirely surprising if you have been locked up in a prison camp for several years without charge." Bergen further stated: "[W]hen you really boil it down, the actual number of people whose names we know are about eight out of the 520 that have been released [from Guantánamo], so a little above 1 percent, that we can actually say with certainty have engaged in anti-American terrorism or insurgence activities since they have been released. ... If the Pentagon releases more information about specific people, I think it would be possible to -- to potentially agree with them. But, right now, that information isn't out there."
Additionally, Seton Hall University School of Law professor Mark Denbeaux -- who has written several reports about Guantánamo detainees, including some challenging the Pentagon's definition of "battlefield" capture and published detainee recidivism rates -- has disputed the Pentagon's figures.
In a new telephone survey, Rasmussen Reports has found that 25 percent of voters “believe President Bush and senior members of his administration are guilty of war crimes.” Forty-four percent of Democrats and 21 percent of unaffiliated voters believe that war crimes were committed while just 4 percent of Republicans believe the same.
Only 25% percent of Americans realize, or understand, or accept the reality that war crimes have been committed - are still being committed - in their names.
(...) the barbarians and their savage followers are still living among us indeed ... and they are doing everything they can to keep us down to their primitive, uncivilized and savage level.
The problem here is that the primitive mind-thinking barbarians and savages appear to constitute the majority ...
Perhaps I am wrong (I always hope that I am on such matters) with regards to our democracies losing themselves beyond redemption. Just this week alone, some rays of hope have been shining brightly which leaves me to wonder if we are indeed on the road to reclaim our democratic, civil liberties and human rights values in order to hold onto them honestly and sincerely once and for all:
A federal judge ordered the release yesterday of a detainee at the U.S. military prison at Guantanamo Bay, Cuba, ruling that the government's evidence is too weak to justify the man's continued confinement.
It is the second time that U.S. District Judge Richard J. Leon has ordered the release of a detainee after examining government evidence, most of it classified. Leon said that the Justice Department failed to prove that Mohammed El Gharani, 21, is an enemy combatant because it relied heavily on statements made by two other detainees whose credibility is questionable.
"A mosaic of tiles this murky reveals nothing about this petitioner with sufficient clarity" to justify his detention, Leon ruled.
Gharani, a citizen of Chad, was picked up in Pakistan and turned over to the United States in 2002. Since then, he has been held at Guantanamo Bay.
The government alleged that Gharani traveled to Afghanistan and trained at an al-Qaeda-affiliated military camp, fought in the battle of Tora Bora and was a courier for high-level al-Qaeda members.
The government also accused Gharani of belonging to a London-based al-Qaeda cell in 1998, an accusation that Leon questioned. Gharani was 11 at the time, living with immigrant parents in Saudi Arabia, his attorneys said.
Case #2: Former Gitmo prosecutor rips military trials, calling interrogators' practices 'despicable' (also via here)
In a declaration submitted to a Washington D.C. District Court Tuesday, Lt. Col. Darrel Vandeveld, a former prosecutor in the Military Commission trial system, delivered perhaps the most blistering attack on the US military's detention program by a former member of the Pentagon's team to date.
Speaking of the man he was once tasked to prosecute, Vandeveld said prisoner Mohamed Jawad's continued detention is "something beyond a travesty," and urged that Jawad be released given a "lack of any credible evidence."
Some of this information was revealed in September 2008, after Vandeveld resigned as a prosecutor, complaining that "potentially exculpatory evidence" had "not been provided" to Jawad's defense team, and that his accidental discovery of information relating to Jawad's abuse helped convert him from a "true believer to someone who felt truly deceived."
Vandeveld's declaration today constitutes the most sustained criticism of the Bush administration's trial system for terror suspects since Col. Morris Davis, the Commission's former Chief Prosecutor, resigned in 2007. Col. Davis said he'd quit because of the politicization of the trial system, attempts to endorse the use of evidence obtained through torture, and the refusal of Pentagon chief counsel William J. Haynes II to accept that any planned trials could end in acquittals.
Vandeveld's statement, seen by Raw Story, explained that he joined OMC-P in May 2007, and described how, based on his civilian experience as a Senior Deputy Attorney General in Pennsylvania, he initially thought that Jawad's case "appeared to be as simple as the street crimes I had prosecuted by the dozens in civilian life."
Jawad, an Afghan national, was accused of throwing a grenade at a jeep containing two US Special Forces soldiers and an Afghan interpreter while the vehicle was stuck in traffic in a marketplace in Kabul in 2002. Vandeveld said he initially thought Jawad was guilty because he'd been arrested "almost immediately" by Afghan police officers and had purportedly "freely confessed" to throwing the grenade. In addition, he'd allegedly explained that he'd "claimed sole responsibility for the attack" and "that he would repeat the attack if given the opportunity."
According to the interrogation report, US soldiers took Jawad to an operating base, where, after initial denials, he "eventually confessed to his role in the attack, this time on videotape recorded by US personnel."
But as Lt. Col. Vandeveld began to investigate the evidence in Jawad's case, he was shocked to discover that locating relevant documents was extraordinarily difficult. He said the Commissions' prosecution department was in a "state of disarray" and "lack[ed] any discernable organization." He explained that he did not "expect that potential war crimes would be presented, at least initially, in 'tidy little packages,'" such as those that would be "assembled by civilian police agencies and prosecution offices."
"The evidence, such as it was," he wrote, "remained scattered throughout an incomprehensible labyrinth of databases... or strewn throughout the prosecution offices."
As a result, Lt. Col. Vandeveld was unable to locate crucial documents, such as Jawad's videotaped confession. Although he explained that it was "difficult" for him "to accept that the US military could have failed so miserably in six years of effort," he began to doubt "the propriety" of prosecuting Jawad.
Despite these misgivings, Vandeveld said he clung to a belief that the case could be prosecuted "ethically and successfully" until May 2008, when a succession of discoveries led to his dramatic departure.
Case #3: Air Force Major David Frakt of the Military Commissions defends Mohammed Jawad
Download | PlayDownload | Play
(h/t Heather)
This is just horrific. I was on a conference call yesterday with the ACLU and we talked about this very case. Via email:
We focused on the cases of Omar Khadr and Mohammed Jawad, both teenagers when they were captured, and how their cases speak to the larger problem of the military commissions and why Guantanamo must be closed immediately.
Bush administration is appealing a Guantánamo military judge's decision to throw out evidence against Jawad that was tainted by torture.
When Obama is sworn in I believe this trial is set to begin a week later. Major props goes to Air Force Major David Frakt for his work on this issue.
MADDOW: The big problem at Guantanamo is not that we locked up hundreds of people in an American-run prison in a foreign country without charges or trials or rights, the problem is that other countries won‘t help us out with that?
Joining us now is an Air Force Major David Frakt. He is defense counsel with the Office of Military Commissions which administers the tribunals at Guantanamo. He is defending a young man named Mohammed Jawad. He was a teenager when he was arrested and is still at Guantanamo Bay.
MADDOW: If today‘s reports are correct that President-elect Obama is getting rid of the military tribunal system, would that put you out of a job? And, in your eyes, would that be a good thing or a bad thing?
FRAKT: Absolutely, Rachel. In fact, the defense counsel with the Office of Military Commissions have been trying from day one to do precisely that. That is put ourselves out of a job. My belief, I believe it is shared by my fellow co-counsel, is that this is an unfair, rigged system.
You know, we took an oath to defend the Constitution of the United States, and we‘re doing that by serving as defense counsel and assuring that our clients are not tried in an unconstitutional system.
Case #4: Holder breaks with Mukasey, says ‘waterboarding is torture.’ (see also here)
In October 2007, during his confirmation hearings, Attorney General Michael Mukasey refused to call waterboarding torture and to this day has not called it torture. In his confirmation hearing today, Attorney General nominee Eric Holder clearly said that he believes waterboarding is torture:
HOLDER: If you look at the history of the use of that technique, used by the Khmer Rouge, used in the Inquisition, used by the Japanese and prosecuted by us as war crimes. We prosecuted our own soldiers for using it in Vietnam. I agree with you, Mr. Chairman, waterboarding is torture.
In another break with Bush administration officials, Holder said other countries would be violating international law if they waterboarded U.S. citizens. Watch it:
Holder also said that the President cannot immunize officials who committed acts of torture. “No one is above the law,” he stated.
(Keep reading ...)
Case #5: The Turning Point - How the Susan Crawford interview changes everything we know about torture (also via here and here)
When Vice President Dick Cheney told the Weekly Standard last week, "I think on the left wing of the Democratic Party there are some people who believe that we really tortured," he probably wasn't thinking about Susan J. Crawford, convening authority of the military commissions at Guantanamo Bay. Crawford, a retired judge who served as general counsel for the Army during the Reagan administration and as Pentagon inspector general, is hardly the kind of hippie moonbat Cheney would like to poke fun at. And that's why everything changed this morning when the Washington Post published a front-page interview by Bob Woodward, in which Crawford stated without equivocation that the treatment of alleged 20th Sept. 11 hijacker Mohammed al-Qahtani at Guantanamo Bay was "torture."
You're wondering how it is that Crawford's claim that the United States authorized torture (not "coercive interrogation" or "enhanced interrogation" or other "nontorturous forms of interrogation" or "abuse," but torture) changes anything. After all, the Senate armed services committee issued a report just last month pointing the finger of responsibility for the military interrogations at then-Secretary of Defense Donald Rumsfeld and his general counsel Jim Haynes. The committee did not use the T-word, however. And Crawford is hardly the first high-ranking military official to use the word. Alberto J. Mora, former general counsel of the U.S. Navy, wrote in a letter to the Navy's inspector general: "The interrogation techniques approved by the Secretary [of Defense] should not have been authorized because some (but not all) of them, whether applied singly or in combination, could produce effects reaching the level of torture." The 84-page log of al-Qahtani's interrogation has long been a matter of public record, and there is now little dispute that the treatment it describes rose to the level of torture. As described in Torture Team, London-based clinical psychiatrist and trauma specialist Dr. Abigail Seltzer studied the log and concluded that al-Qahtani had been tortured.
It's also not an accident that Crawford is a military lawyer. From the very outset of the Bush torture regime, it was the military attorneys who warned him—if they were given a chance—that his program was illegal.
What changes as a result of Crawford expressly using the word torture? First, the administration can no longer hide behind parsing the language of the Geneva Conventions and the torture statute. Whether or not Michael Mukasey is willing to call water-boarding torture—as the president-elect did on Sunday—a reputable senior military official has put that label on conduct that is arguably not as bad and has been widespread in Afghanistan and Iraq. In her interview, Crawford acknowledges that it was "the combination of the interrogation techniques, their duration and the impact on Qahtani's health that led to her conclusion. 'The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent. … This was not any one particular act; this was just a combination of things that had a medical impact on him. … It was that medical impact that pushed me over the edge' to call it torture." What Crawford has done here is astounding. She has repudiated the formalistic (and perennially shifting) definitions of torture as whatever-it-is-we-don't-do. She has admitted that there is a medical and legal definition for torture and also that we have crossed the line into it.
And ... Case #6: Ontario judge declares secrecy law unconstitutional
A secrecy law frequently invoked by the federal government in terrorism cases has been declared unconstitutional by an Ontario Superior Court judge, amid fears a sprawling Toronto conspiracy case risks “bogging down and becoming unmanageable.”
The landmark decision strikes down a portion of the Canada Evidence Act, a controversial law passed by Parliament after the 9/11 terrorist attacks. The law effectively directed debates involving government secrecy claims away from open trials and toward specialized hearings in other courts.
The 94-page ruling made Thursday affects the case of 10 Toronto men accused of a 2006 conspiracy to train as terrorists and explode truck bombs. The highly anticipated case is only incrementally moving toward trial.
Finding that justice delayed is justice denied, Mr. Justice Fletcher Dawson, of the Ontario Superior Court, ruled that trial judges like him need to be ones who ponder questions related to government secrecy, to preserve the fair-trial rights of the accused.
Otherwise, “there is a danger this case will collapse under its own weight,” said Judge Dawson, who is now weighing preliminary arguments in the case. “The risk of it bogging down and becoming unmanageable is an ongoing concern.”
The effect of the ruling will be to bring the terrorism case closer to trial – though it's still unlikely to happen in 2009. The broader implications are that police and intelligence agencies will have a much tougher time keeping sensitive information away from open trials.
Since 9/11, Section 38 of the Canada Evidence Act has been invoked in just about every Canadian national-security case of note, with the federal government arguing that it needs to shield intelligence related to the Khadr family, the Maher Arar affair, and the Mohammed Momin Khawaja terrorist trial.
These concerns stem from the possible disclosure of sources and methods used by Canadian agents and also from the intelligence received from foreign partners, such as the U.S. Central Intelligence Agency, or Britain's MI6.
The invariable effect of the law has been to take secrecy arguments away from main-stage proceedings to a secretive side stage at the Federal Court of Canada, whose judges have specialized national security training and, until now, exclusive jurisdiction of all Canada Evidence Act matters. Judges pondering the overall cases have been forced to await the outcome of protracted Federal Court legal debates to determine what information would be in play.
Observers of the Toronto terrorism-conspiracy case have long dreaded the implications of this, especially given that defence lawyers push for disclosure and the Crown tends to guard sensitive intelligence. The fear was that Section 38 would create a never-ending legal ping-pong match that no jury could ever withstand: The Crown might shut down the Superior Court trial whenever a secrecy question arose, force debates into federal and appellate courts, and then, once matters returned to Superior Court, repeat the process as often as deemed necessary by the government.
Contemplating this, Judge Dawson drew a line in the sand.
“There can be no doubt that the liberty and security interests of persons on trial in the superior courts are at stake,” the ruling reads. “… By depriving them of the opportunity to enforce their rights to disclosure and to full answer and defence in the court of competent jurisdiction, all the ingredients of a Section 7 Charter violation are established.”
He took pains to point out that this was not a dig at his colleagues at Federal Court, and said it's “mug's game” to argue over which judges are better suited to weigh secrecy. He simply said Superior Court judges are also up to the job and need to see all the evidence.
And those who would rather "forgive and forget" are nothing more than tacit enablers which keep the gates wide open to "do it all over" should we ever find any quaint justifications to do so again.
This in turn brings me to repeat one of my mantras:
For the sake of our continued existence, we must strive to forget nevermore that rationalizations supporting the use of violence - other than the need for the rightful exercise of self-defense when set upon by a genuinely clear, present and immediate danger - invariably constitute deceitful fabrications meant to conceal, disguise or justify incompetence ...
... including our very own for embracing such mendacity.
For what is the point of holding onto noble ideals and principles when those who would defile them remain unaccountable? What does this say of the actual value and sincerity of said noble ideals and principles?
Thus we are setting ourselves to repeat history - yet again.
I wrote this post January 2 and though Rick Warren was already old news by then, I wrote the post anyway because I was inspired to explain why I sent money to The Human Rights Campaign.
I've since considered seriously the comments of a couple of bloggers who brought to my attention that HRC has largely turned its back on the T in GLBT - trans-gender people. I didn't know this and learning of it was a huge dissapointment.
Still, I believe that HRC is a hard-working, well-run organization that has done a lot for marriage equality. I'm not sorry I sent them my twenty bucks for that reason.
Following are a couple of links to organizations that were recommended to me in the comments of that thread.
Whenever a civilian government either outsources its responsibilities in matters domestic and/or foreign affairs, whether to corporations, security agencies and/or the military, then it is safe to say that it is the beginning of the end of democratic governance - ultimately leading to authoritarian corporatocracy, security state and/or military junta ... or all of the above, also known as fascism.
In addition to the overwhelming assaults on the U.S. constitution, civil rights and human rights (i.e. military commissions, indiscriminate domestic spying, security sweep pre-emptive arrests, renditions, indefinite detentions, torture, etc.), including outsourcing of security and war efforts (Blackwater, anyone?), the U.S. government is now letting go of some of its people-empowered roles in diplomacy and foreign affairs. To whit:
(...) when did a four star general get handed the authority to act as if he were Secretary of State?
Gen. David H. Petraeus has launched a major reassessment of U.S. strategy for Afghanistan, Pakistan, Iran, Iraq and the surrounding region, while warning that the lack of development and the spiraling violence in Afghanistan will probably make it "the longest campaign of the long war."
The 100-day assessment will result in a new campaign plan for the Middle East and Central Asia, a region in which Petraeus will oversee the operations of more than 200,000 American troops as the new head of U.S. Central Command, beginning Oct. 31.
The review will formally begin next month, but experts and military officials involved said Petraeus is already focused on at least two major themes: government-led reconciliation of Taliban insurgents in Afghanistan and Pakistan, and the leveraging of diplomatic and economic initiatives with nearby countries that are influential in the war.
All of this seems like a good idea to me. But, crucially, neither of those themes are military ones and the military shouldn't be leading the way on them. It's about separation of power and having the military subordinate to civilian policymakers rather than the other way around.
So where are the US ambassador, State Dept. and Condi Rice, who should be leading the way on them while the military man concentrates on military matters? For that matter, won't the leaders of other nations involved in the region wonder why America has appointed a de facto proconsul (again) and want their say?
"When you look at a lot of these problems, you see considerable regional connections," Petraeus said yesterday. The effort would embrace all of Afghanistan's neighbors and possibly extend to India, which has had a long-standing rivalry with Pakistan. "There may be opportunities with respect to India," he said.
An overview of the review team's mission obtained by The Post says that including other government agencies and other nations in the planning will "mitigate the risk of over-militarization of efforts and the development of short-term solutions to long-term problems."
Nevertheless, some experts questioned whether Petraeus will have the authority to carry out such a sweeping strategy.
"General Petraeus is not in charge of our diplomacy. He can't decide whether we try to form an international contacts group on Pakistan," said Barnett Rubin, an Afghanistan expert at New York University.
Moreover, in dealing with Afghanistan at Central Command, Petraeus will face limitations that he did not encounter as the top commander in Iraq, such as the lack of a unified military command and serious resource shortages.
"We don't own it. It's been a NATO effort since 2006. He won't have the same sway with Karzai and the ambassadors and a bunch of other people that he had in Iraq," said a former senior military official with experience in Afghanistan.
Perhaps most worrying of all, Petraus' mini foreign policy is being described as "a policy bridge from one administration to the next" by one of his team members, Clare Lockhart, co-founder of the New York-based Institute for State Effectiveness along with former Afghan finance minister Ashraf Ghani.
"It's about separation of power and having the military subordinate to civilian policymakers rather than the other way around" - Cernig is spot on with this reminder.
However, I would amend this truism to include security agencies alongside the military.
For indeed, remember this, as but one example? (emphasis added)
Canada's spy agency has the green light to meet with Canadians detained abroad (as apart of a national security or terrorism case) before (Foreign Affairs) consular officials do when there are "urgent national security or terrorism-related considerations," says a newly disclosed federal agreement.
Which made me conclude the following (emphasis added):
In effect, Foreign Affairs will leave it up entirely to CSIS to make its own call - and defer to it.
Without any outside oversight whatsoever.
Plain and simple.
(...) This is how your Security State fully awakens, folks: when a country's secret security agency is given the power of life and death, of freedom and detention, over its citizens and whose judgement prevails over constitutional, civilian institutions supposedly mandated to deal in such matters.
Same thing with regards to human rights overall - whereby too many folks out there actually approve of the use of torture.
What we are now witnessing is the gradual deferment of responsibilities of our governments towards security agencies and the military - with the same mind set of needing to feel secure, which in turn has elevated security and military entities as preeminent Saviors in which We Trust implicitly.
Indeed, a sickening worship of all things authoritarian and/or military was gleefully on display at the RNC last September (for instance, whether it was about McCain, his wife or Palin, it was inevitably emphasised that either they have served, have as son currently serving and/or had a parent/grandparent who served during WWI, WWII or some othe conflict - the message being that they are from a "strong" bloodline of military service).
The DNC likewise delved into this theme, albeit to a much lesser extent - nevertheless, that a past parent of Obama served and Biden's son being deployed to Iraq were emphasised as well.
That is creeping and already well entrenched militarism for you - case in point:
If I could be granted one small wish about our political discourse, it would be that reporters and pundits would accept -- as disappointing and unglorious as it is -- that, under our Constitution and basic government design, people who aren't in the military don't have a "Commander-in-Chief." The President isn't your "commander," and the "Commander-in-Chief" power, now synonymous in our political culture with "President," is actually extremely limited (Art. II, Sec. 2: "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States").
This endless festishization of "President as Our Commander-in-Chief" is one of those small but pernicious reflections of how militarized we've become, of how we are a society in a state of perpetual and endless war.
Punditman likewise expressed herein his concerns last year over the same phenomenon apparently slowly sinking into Canada's own consciousness:
Wearing camouflage used to signify one of two things: the person was either in the armed forces or was setting out on a different sort of mission that involved drinking tons of beer and killing furry creatures in a forest somewhere. But nowadays, the whole idea of hunting (humans or animals, that is), has been demoted by those who dress like G.I. Joe just because they are out hunting for a latte or an Ipod.
Grow a brain, people. This is all about the militarization of our culture.
(...) Along with camouflage, Canada is now beset by an overabundance of “Support Our Troops” ribbons, t-shirts, bracelets and mugs. You can’t go anywhere without seeing the telltale yellow ribbon on cars. Come to think of it, some are camouflaged. It is high time that the elephant in the room is asked the obvious question that polite Canadians would rather avoid: What does “Support Our Troops” really mean?
Those who decorate their vehicles thusly would have us believe that the decals are politically neutral symbols of support for soldiers overseas. This is nonsense and they know it. The intended audience are those of us who forego yellow ribbons. If you think about it, the phrase “Support Our Troops” is sort of bossy, like a drill sargent’s snarl. This is known in grammatical circles as the “imperative mood.” Therefore the directive to “Support Our Troops” comes off like an order, but with a somewhat fuzzy meaning: What exactly am I supposed to do? Buy a ribbon, I guess.
Yet the context is obvious. This is all about the Afghan War and nothing else. The yellow ribbon campaign has succeeded in convincing at least eighteen Canadian municipal and local governments to affix the decals to police cars, ambulances, fire trucks, buses and other municipal vehicles. Since this is all public property, this is a divisive move, not an inclusive one. Why this cause, but no others? Why not “Support Our Cancer Patients” or “Support Our Single Moms”? Are they less worthy?
(...) One may well ask: where should Canada’s foreign policy priorities be right now? Tied down in Afghanistan, begging NATO allies for more help in what looks more and more like an intractable military stalemate? Or, working through diplomatic channels to try to prevent a global conflagration between the US and Iran that could even go nuclear?
It’s time to ditch the camouflage and put on your thinking caps.
(...) Rwanda was there, desperately needing help to prevent a genocide. Dallaire even knew what to do. But the rest of the world, Canada's government included, opted to do nothing. They let "traditional peacekeeping" fail in a grand and horrible way, with 800 000 dead, so they could pretend that "traditional peacekeeping" was itself dead.
And now the Canadian Press is helping them with this pretence. And at the end of article they're going to lament how little we trust journalists.
Referring to failed Bosnia-Serbia intervention, the article continues:
That frustrating experience shaped the attitude of a generation of soldiers, who were eager to shed the United Nations blue beret, which they saw as a symbol of weakness and indecision.
Really? The soldiers saw it as a sign of weakness? Who is writing this article? Where is the survey that demonstrates this? Is this the infantry or the military brass? Besides which, it doesn't matter what the soldiers think. It is the civilian population that selects the missions. If those enrolled don't like peacekeeping, they don't have to stay enrolled.
Yet the public clings to the romanticized notion of brave soldiers standing between belligerents.
Yeah. We stupid, ignorant Canadians have these stupid, romantic morals and values. God, we're so fricking naive, aren't we?
(...) The fact is that Canadians should be in charge of what their military is doing. At this time, we are not. The Liberals failed to steer the military in to the post Cold War peacekeeping force that we wanted. The Conservatives are taking that military force and using it aggressively.
Once again - it all goes back to the fact that Americans and Canadians are sill gripped by the all-encompassing fear of terrorism - which is used whenever convenient to further push more authoritarian security measures, increased militarization/military interventionism, or simply to win elections.
History has clearly shown that fear-driven radical interpretations of the separation of powers within a republic, or any democracy, along with the slow erosion of the rule of constitutional law and the clamor for a single strong and powerful leader in times of crises, have lead to the downfall and de facto end of said republics/democracies - the fall of the Roman republic constituting an obvious, ancient example.
Fear + Need for security + Erosion of the rule of Law + Religious fundamentalism + Militarism + Intolerance for opposing/dissenting opinions and beliefs + Calls for a strong and powerful leader = A democracy facing possible overthrow in favor of despotism.
1. Invoke a terrifying internal and external enemy; 2. Create a gulag; 3. Develop a thug caste; 4. Set up an internal surveillance system; 5. Harass citizens' groups; 6. Engage in arbitrary detention and release; 7. Target key individuals; 8. Control the press; 9. Dissent equals treason; and 10. Suspend the rule of law.
As the saying goes - one must remember and understand history in order not to repeat the mistakes of the past.
It remains to be established whether we, Americans and Canadians alike, will stand up for our constitutions, our democracy-based societies, or let fear and paranoia sweep them away in lieu of authoritarianism - as we keep allowing our elected representatives to defer their entrusted powers and responsibilities to security agencies and the military.
We better wake up before it is too little, too late ...
Hence, Mr. President, you and your administration stand in utter contempt of the laws of your own country, as well as of your own constitution and all international laws and treaties signed by your country to this effect.
Just be reminded of your very own words (emphasis added):Therefore you, sir, are a blatant, shameless, hypocritical, and untrustworthy, liar.
Allow me to paraphrase what I conveyed already to your CIA director:Ergo: you and your administration are no better than your (criminal) predecessor and his administration.
Here is but yet another case in point: your pledge of government transparency versus your mendacious actions in this respect.
Mr. President Obama - you are a sham and an incompetent - and a criminal one at that.
Just. Like. Your. Predecessor.
You, sir, are no change at all.
You are merely an extension - and continuation - of the crimes against Humanity, human rights and civil rights, that have been committed over the last eight years, and which are now still being committed under you and your equally criminal administration.
Consequently, you may consider yourself put on notice regarding such criminality.
After all - ignorance of the law is not an excuse to justify breaking the law ... as you should well know.
May you go down as much in infamy as your predecessor has.
That, at the very least, would constitute small comfort to those of us who genuinely and sincerely uphold human rights, human decency and civil rights - you know - the truly civilized ones.
An ideal that you, sir, and your damned administration, cannot claim to be anymore.
(Cross-posted from APOV)