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October 01, 2004
U.S. Moves to Legalize Torture by Proxy
While we were otherwise distracted by the dancing puppet show known as the Presidential Debates, a story of chilling significance broke in the blogosphere, one which the mainstream media have failed to pick up and which has stunning implications for U.S. foreign policy. I am referring to this story which brings to light Massachusetts Congressman Edward Markey's efforts to strike language from Section 3032 and 3033 of H.R. 10, more commonly known as the "9/11 Recommendations Implementation Act of 2004," introduced by House Speaker Dennis Hastert (R-IL). According to Congressman Markey,
The provision would require the Secretary of Homeland Security to issue new regulations to exclude from the protection of the U.N. Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment, any suspected terrorist - thereby allowing them to be deported or transferred to a country that may engage in torture. The provision would put the burden of proof on the person being deported or rendered to establish "by clear and convincing evidence that he or she would be tortured," would bar the courts from having jurisdiction to review the Secretary's regulations, and would free the Secretary to deport or remove terrorist suspects to any country in the world at will - even countries other than the person's home country or the country in which they were born. The provision would also apply retroactively.
One may find it difficult to believe that such a practice would not only be condoned, but would also be common enough that it has a name. In Intelligence circles this is known as "Extraordinary Rendition." And one might also be inclined to believe that such a thing would never happen in America when, in fact, there is evidence that it has already happened.
On September 26, 2002, U.S. immigration officials seized a man by the name of Maher Arar who was changing planes in the U.S. while returning home to Canada after visiting his wife's family in Tunisia. Unfortunately for Mr. Arar, his name had appeared on an international terrorist watch list, and therefore the FBI, under the protection of the Patriot Act, decided that he should be detained and questioned. Mr. Arar maintained that he was not affiliated with any terrorist organizations either now or in the past. He asked to speak to a lawyer but was told that he could not. Instead, he was shackled and transported to a detention facility where he was held for several days without contact with anyone outside. After 3 days he was allowed a phone call, but was not released and was not charged with any crime.
The Justice Department wanted him questioned but, presumably, felt that they did not have sufficient powers of coercion under U.S. law. It was then that Mr. Arar was put aboard a plane to Washington, where he was then handed over to another Intelligence agency who escorted him by way of Jordan to Syria, where he was handed over to Syrian interrogators. He then spent the next ten months locked in an underground cell 3 feet wide, 6 feet long, and 7 feet tall, where he was repeatedly questioned under torture. Finally, when the Syrians came to believe that he did, indeed, know nothing, he was released. He had lost 40 pounds, now walked with a pronounced limp, and continues to suffer chronic nightmares.
His crime was simple. Nine years earlier a cousin of his mother's had been a member of the Muslim Brotherhood. Also, the lease on his apartment had been witnessed by a Syrian-born Canadian who was believed to know an Egyptian Canadian whose brother was allegedly mentioned in an Al-Qaeda document. That's all.
This was allowed to happen because a secret finding which "authorized" this action had been signed by our President.
And now the Republican-led Congress is trying to pass legislation that would explicitly authorize this behavior, by burying an amendment in the "9/11 Recommendations Implementation Act of 2004." The irony, of course, is that this sort of action is exactly contrary to the public recommendations made by the 9/11 Committee.
We cannot allow this to happen. We cannot publicly condemn the actions at Abu Ghraib on the one hand while authorizing them on the other. We cannot fight a war against terrorists whose actions we condemn as barbaric while engaging in the very same actions. We cannot allow ourselves to be brought down to the same level as those whom we oppose. Please, write your Representative and tell him or her that you oppose this legislation. Tell your Representative that should they vote for this amendment then they cannot count on your vote for re-election. Tell them to support Congressman Markey's bill outlawing the practice of extraordinary rendition. Tell them that the America that you believe in does not believe in torture.
Do it now. Before it's too late.
Posted by bcoffee at October 1, 2004 08:29 PM
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