World Marks GTMO’s Sixth Year
January 11th marks six years of imprisonment for the more than 300 prisoners at Guantanamo Bay Naval Base in Cuba. Last year on Law and Disorder we had taken listeners through a brief history of the Guantanamo Bay Prison, how they got there and what it means for civil liberties in the United States. We continue to examine the civil liberties issues and we’ll look at how attorneys and activists are involved in getting prisoners released.
Hosts Update: Settlement on Use of Central Park’s Great Lawn – Congratulations to NLG members Mara Verheyden-Hilliard and Carl Messineo in this important victory for the First Amendment in NYC! In addition to rescinding the rule limiting public events on the Great Lawn, the National Council of Arab Americans and ANSWER will each receive $25K and the City will reimburse $500,000 in attorneys costs and fees.
Many organizations and activists are staging powerful demonstrations this week protesting the sixth anniversary of the US detention camp at Guantánamo Bay and demanding the release of the men held there. Protesters will again don masks and the trademark orange suits associated with the prisoners and shuffle through public spaces.
Guest – Jumana Musa a human rights attorney and activist. She is currently the Advocacy Director for Domestic Human Rights and International Justice at Amnesty International, where she addresses the domestic and international impact of the Bush administration’s “war on terror” on human rights. She has also served as Amnesty International’s legal observer at military commission proceedings at the U.S. naval base in Guantanamo Bay, Cuba.
Though this sixth anniversary is a day of acknowledgment of the illegal imprisonment and torture of prisoners in Guantanamo, it also a call on governments across the world to lobby for the release of their residents. About 100 Yemenis are being held at Guantanamo, making them the biggest group among the approximately 275 detainees there, according to Yemen’s media.
A conference held in Yemen this week is aiming to secure the release of more Yemeni prisoners from Guantanamo. The conference is encouraging a wide coalition of religious leaders, NGOs and family members of prisoners to press for the release of the men. Since 2002, 12 Yemeni prisoners have been released from Guantanamo Bay prison. More than a third of Guantanamo prisoners are from Yemen. Yemen is on the Arabian Peninsula in Southwest Asia, bordered by Saudi Arabia to the North and the Red Sea to the West.
Guest – Pardiss Kebriaei, an attorney with the Center for Constitutional Rights. She specializes in international litigation, working within the Inter-American, European and UN human rights systems, and in foreign jurisdictions including the Philippines, India, Nepal, Thailand, and Colombia.
Accounts of cruel, inhuman and degrading treatment have been condemned by the United Nations, Human Rights Watch and other reputable bodies. The Center for Constitutional Rights has led the effort to get Guantanamo closed down and get prisoners the rights they’re entitled under International Law and the U.S. Constitution.
Guest – Vince Warren, executive director of the Center for Constitutional Rights was at one the many demonstrations in Washington DC. He spent seven years as national senior staff attorney with the American Civil Liberties Union (ACLU), where he led national constitutional and impact litigation to advance civil rights and civil liberties.
On this last day of 2007, Law and Disorder will look at the stories that have taken civil liberties in this country many steps in the wrong direction. We start with the question of impeachment, what happened, why it stalled, we’ll look at damaging supreme court decisions and draconian legislation that took large bite out of the right to free speech and dissent in this country.
Co-host Michael Ratner enumerates several key stories of torture in 2007, including the destruction of the CIA videotapes, the Mahar Arar case, and the confirmation of Attorney General Michael Mukasey who says he’s not certain if water-boarding is torture.
Law and Disorder hosts then talk about the recent Supreme Court arguments regarding the remaining Guantanamo Bay Cuba detainees and the horrible failure to restore habeas corpus. This case may determine once and for all whether there is a constitutional right to habeas corpus – that is, a fair hearing before a real court – for everyone detained by the U.S. government at Guantánamo.
Increases in surveillance powers were also on the list of wrong-turn stories this year, co-host Heidi Boghosian points out the legislation that extends the Foreign Intelligence Surveillance Act. In the wake of Congress approving a dramatic expansion of U.S. warrant-less wiretapping powers, the Center for Constitutional Rights has argued that the NSA’s program is unconstitutional and should be struck down. The argument in CCR v. Bush comes after Congress and the Bush administration passed the Protect America Act of 2007 which broadly expands the government’s power to spy on Americans without getting court approval.
The 5-4 ruling that race cannot be a factor in the assignment of children to public schools. Free speech not an option for students regarding (Bong Hits For Jesus).
Campaign Finance Reform – The Supreme Court has thrown out part of the McCain-Feingold campaign finance law that placed restrictions on corporations and unions from buying television ads close to elections
The citizens’ ability to challenge government violations of the separation of church and state, Hein v. Freedom from Religion Foundation 5-4, the Justices ruled that taxpayers do not have standing to challenge the White House program on federal aid to faith-based organizations.
“One of the country’s foremost defenders of human rights and civil liberties, Michael Ratner has led the fight to demand due process for Guantánamo detainees, adequate safeguards against intrusive government surveillance, and an end to torture and extraordinary rendition.”
Vote down the Attorney General Nomination of Judge Michael Mukasey.
“Michael Mukasey professes ignorance as to whether water-boarding is a form of torture unless he knows “the actual facts and circumstances” of its use. The “facts and circumstances” of water-boarding are quite straightforward. When a person is water-boarded, their head is held under water until the person begins to involuntarily “inhale” water. At that point, the victim is certain they will drown if not allowed to get air. It is a technique from the Spanish Inquisition and illegal under international and domestic law. Instilling fear of imminent death as an interrogation technique is the very essence of torture, and no amount of legal analysis can come to any other conclusion.” Read full CCR Press Release.
Recently, the Foreign Affairs Committee of the U.S. House of Representatives took a major step toward ending U.S. complicity in Turkey’s denial of the Armenian Genocide. Despite an intense campaign of threats and intimidation by the Turkish government and its lobbyists in Washington, DC the Committee adopted HR 106, the Armenian Genocide Resolution.
Introduced on January 30, the resolution calls on the President to ensure that the foreign policy of the United States reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the United States record relating to the Armenian Genocide.
One day after the House Foreign Affairs Committee approved the resolution, 27-21, Turkey withdrew its ambassador for consultations, and Turkish legislators on October 17 authorized the use of military force against Kurdish rebels in northern Iraq, a step that may further destabilize Iraq and disrupt oil supplies. Despite overwhelming evidence documenting the Genocide, the Republic of Turkey continues to pursue a well-funded campaign – in Washington, DC and throughout the world – to deny and ultimately erase from world history the 1.5 million victims of Ottoman Turkey’s and later the Republic of Turkey’s systematic and deliberate massacres and deportations of Armenians between 1915 and 1923. According to the International Association of Genocide Scholars, the historical record on the Armenian genocide is quote – unambiguous.
Since 1982, successive U.S. Administrations, fearful of offending Turkey, have effectively supported the Turkish government’s revisionism by opposing passage of Congressional Armenian Genocide resolutions and objecting to the use of the word “genocide” to describe the systematic destruction of the Armenian people.
Hosts Michael Ratner and Michael Steven Smith interview Henri Alleg for the first half hour. Alleg, a French journalist living in Paris, supported Algerian independence during the French Algerian War (1954-1962). He was arrested by French paratroopers during the Battle of Algiers in June 1957 and interrogated.
Henri Alleg describes to Law and Disorder hosts in this exclusive interview how he was questioned hung from his feet and tortured with a similar brutality and sadism often described by prisoners in Guantanamo and Abu Ghraib. Alleg’s republished book The Question is a moving account of that month of interrogation and his triumpj over his torturers. Jean-Paul Sartre has written the preface that remains a relevant commentary on the moral and political effects of torture on the both the victim and perpetrator.
Guest – Henri Alleg, a French-Algerian journalist, director of the “Alger républicain” newspaper, and a member of the French Communist Party. After Editions de Minuit, a French publishing house, released his memoir La Question in 1958, Alleg gained international recognition for his stance against torture, specifically within the context of the Algerian War.
Laying the Foundation for a Police State – Part 1 – Building Blocks
Since July of 2004, Law and Disorder has brought Pacifica listeners the voices of activists, authors and attorneys from the front lines.
In the weeks to come, Law and Disorder hosts will examine in a four part series, the foundation for what many see as a police state in the United States. In this series they will talk with guests about the post 9/11 blueprint of this dictatorship/ police state and how the nefarious turn to war, the use of torture and the domestic propagation of fear unfolded.
Law and Disorder hosts have covered at length topics such as torture, domestic surveillance, criminalizing dissent, racial profiling, indefinite detentions and the destruction of constitutional rights as vital information to bring an understanding to listeners as to how it happened and where we go from here.
In this first series, the hosts begin with a look back at where they were on the day of September 11th, and how the Patriot Act was pushed through the Legislature immediately after the attacks on that day. They look at the racial profiling and roundup of Muslims and the rush to invade Afghanistan and Iraq using the Authorization for Use of Military Force.
Co-host Dalia Hashad describes her experiences as an attorney formerly with the ACLU right after September 11th as thousands of Muslim-Americans were rounded up or corralled because of their ethnicity or political affiliation.
Samina Sundas with American Muslim Voice helped her fellow Muslims and Pakistani-Americans integrate into mainstream American society, and her role intensified after 9/11. When the National Security Entry-Exit Registration System (NSEERS, also known as the Special Registration program) was instituted in September 2002, Muslims all over the United States contacted her confused and worried about how it would affect them. She couldn’t get clear answers from federal immigration officials despite several meetings. After that, she set up an ad hoc hotline that has since become part of an organization called American Muslim Voice.
Framework of Police State laws since 9/11
Co-host Michael Ratner leads the way through the timeline from setting up the legal basis for a global war on terror to justifying a secret system of prisons and interrogation techniques that evade historic safeguards in the Geneva Convention.
Ali al-Marri Update: Reversing the Bush Administration’s War on Terror Policy
In a reversal of the Bush Administration’s effort to detain people around the globe, last week, a federal appeals court in Virginia, which is a very conservative court ruled that the government cannot subject Ali Saleh Kahlah al-Marri to indefinite detention, though he was subject to indefinite detention by a 2003 presidential order.
A legal US resident – though not a citizen – al-Marri had studied computer science at Bradley University in Peoria, Illinois in 1991, and returned on 10 September 2001 to pursue post-graduate studies, bringing his family – his wife and five children – with him. Three months later he was arrested and charged with fraud and making false statements to the FBI, but in June 2003, a month before he was due to stand trial for these charges in a federal court in Peoria, the prosecution dropped the charges and informed the court that he was to be held as an “enemy combatant†instead.
As some listeners may recall, here on Law and Disorder we’ve discussed Ali al-Marri’s case and how he was held incommunicado, indefinitely in a military prison without charges. He’s been in solitary confinement for more than 2 years, no access to reading material, except the Qur’an. According to his lawyers, he was constantly harassed, abused and any medical treatment he received was very poor.
Now, because the U.S. Court of Appeals for the 4th Circuit ruled that U.S. residents cannot be locked up indefinitely as “enemy combatants†without being charged, al-Marri can challenge his detention. Al-Marri is the only “enemy combatant” still in detention without charge in the United States itself.
Guest – Jonathan Hafetz, Litigation Director of the Brennan Center’s Liberty and National Security Project and the lead counsel for Al-Marri. He is the author of numerous articles in scholarly and popular publications, including the Yale Law Journal, California Western Law Review, and Fordham Journal of International Law, Legal Affairs, and the New York Law Journal.
The report titled Off the Record: U.S. Responsibility for Enforced Disappearances in the War on Terror, details aspects of the CIA detention program that the US government has actively tried to conceal, such as the locations where prisoners may have been held, the mistreatment they endured, and the countries to which they may have been transferred. The report names 39 people believed to be disappeared from countries such as Egypt, Kenya, Libya, Morocco, Pakistan, and Spain.
Guest – Meg Satterthwaite, director of the Center for Human Rights and Global Justice at the (NYU) Law School. Satterthwaite has published reports and articles on human rights topics in scholarly and advocacy contexts. Her research interests include human rights in the “war on terrorâ€; gender, sexuality and human rights; and the human rights of migrants. She is Co-Chair of the International Human Rights Interest Group of the American Society of International Law, a member of the Board of Directors of Amnesty International USA, and a member of the International Law Committee of the City Bar of New York.
Law and Disorder hosts Dalia Hashad, Michael Ratner and Michael Smith discuss the recent alleged suicide at Guantanamo Bay Prison in Cuba. The Saudi Arabian detainee died last Wednesday at Guantanamo Bay prison. The U.S. military says he apparently committed suicide.
The case includes a four-year investigation focused on allegations that 148 black men were tortured in Chicago police interrogation rooms in the 1970s and ’80s. The men say detectives under the command of Lt. Jon Burge beat them, used electric shocks, played mock Russian roulette and started to smother at least one to force confessions. Prosecutors described this type of criminal justice system where top officials in a position to put a stop to police torture appeared blind to the abuse. Among them, Mayor Richard Daley, when he served as Cook County state’s attorney.
Guest – Flint Taylor – Attorney with the People’s Law Office, leading the fight against covering up torture by the Chicago Police Department.
Last month we heard author Joel Kovel discuss his book at the Brecht Forum. He recently joined Law and Disorder in the studio for a riveting interview that also looked into Kovel’s personal changes that led him to write Overcoming Zionism. Toward the end of the interview, co-host Dalia Hashad asks why Joel Kovel chose the word “overcoming” in his title.
“This book is absolutely fundamental for those who reject the unfortunate confusion between Jews, Judaism, Zionism and the State of Israel — a confusion which is the basis for systematic manipulation by the imperialist power system. It convincingly argues in favour of a single secular state for Israelis and Palestinians as the only democratic solution for the region.” Samir Amin, Director of the Third World Forum.
Guest – Joel Kovel author of Overcoming Zionism: Creating a Single Democratic State in Israel/Palestine, has been engaged in struggles for peace and justice since the Vietnam War era. He has worked within the antiwar and antinuclear movements, the solidarity movements in Central America and the Caribbean, the movements for democratic media, and, increasingly, for ecological transformation. He lived in Nicaragua for a period in 1986, and accompanied Pastors for Peace as they broke the US blockade on Cuba in their 1994 Friendshipment. He has acted in films, worked frequently with the Bread and Puppet theatre, and lectured on four continents. Kovel joined the Green Party since 1990. In 1998, he was the Green Party candidate for US Senator from New York, and in 2000 sought their Presidential nomination.
