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Navi Pillay

Navi Pillay

Posted: August 28, 2009 11:22 AM

Investigate Alleged Abuse of Terror Suspects

What's Your Reaction?

I warmly welcome the responsible decision by the US government to open a preliminary investigation into whether US laws were violated by CIA officers and contractors during the interrogation of detainees at places outside the United States, including Guantanamo Bay. The United States Attorney-General has announced the decision to appoint a special prosecutor to undertake this preliminary review. I hope there is a swift examination of the various allegations of abuse made by former and current detainees in Guantanamo and other US-run prisons, and if they are verified, that the next steps will involve accountability for anyone who has violated the law.

My concern all along has been that there should not be impunity for torture or any other unlawful treatment of detainees, whether it is in the United States or anywhere else in the world. While we now have some idea of what occurred in Guantanamo, and to a lesser extent places like Abu Ghraib prison in Iraq and Bagram airbase in Afghanistan, we still need more transparency about secret places of detention, and what went on in them.

The use of secret places of detention must be curbed, and the names of detainees currently held in these detention centres must be released. Secrecy has been a major part of the problem with this type of detention regime. When guards and interrogators think they are safe from outside scrutiny, and legal safeguards are circumvented, laws become all too easy to ignore.

I am delighted to hear that Mohammed Jawad has been allowed to return to his family in Afghanistan folowing the recent decision to release him from Guantanamo. Mohammed Jawad was taken prisoner in 2002 when he may only have been 12 years old. Most of the charges against him were ruled inadmissible in 2008, and last month a US District Court ordered his release from Guantanamo. It has taken an extraordinarily long time, but the US justice system - once it was able to operate properly in his case - has, I believe, finally delivered justice.

However, in Jawad's case and those of other people held in detention for unacceptably long periods, without any charges being proven, or who were tortured or otherwise treated unlawfully, compensation and other remedies are essential. Some people have lost seven years of their lives, and may have been severely psychologically, physically or financially scarred by their experience, simply because they were in the wrong place at the wrong time.

I support the US President's commitment to close the Guantanamo camp by 2010 and ask him to urgently review the status of detainees at the Bagram facility in Afghanistan. All states should rigorously review their interrogation techniques to ensure they do not contravene the international laws relating to the treatment of detainees, including the absolute prohibition on the use of torture in all places at all times.

All measures to combat terrorism must comply with States' obligations under international human rights and humanitarian law, in particular protection from torture. These laws are fundamental, and should once again be seen as sacrosanct.

 
 
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04:32 PM on 08/28/2009
Come on coolio!!! Torture, poring water over someone’s head is considered torture? Making these thugs stand naked in a pyramid is torture? I have seen cheerleading acts more provocative than those pics. Blowing a cigarette in some ones face is torture. How about riding the New York subway on a hot July afternoon?
Ok, I give you one. The dog leash on the detainee; that was torture. No one should be treated like a dog.
Talk about intelligence, it sounds like we are just out for blood here. I do not believe the guys in the white house or the military were taping live video’s of cutting detainees head’s off!
Now we want to compare our interrogation tactics to those of the middle east. You hypocrites, why do you go after those you committed the true torture.
You just want blood! Just like the terrorist.
There is not much difference in your character.
Be honest, it might help you get rid of the hatred inside of you.
02:35 PM on 08/28/2009
There have already been many investigations and the results reported in detail. Rather than another "investigation," we need prosecutions. Further "investigations" rather than beginning prosecutions is close to a publicity scam. First, let's prosecute those about whom we already have hard, verified evidence. Then, there can be more "investigations," to identify further suspects. To even imply that there remains some question about our treatment of detainees is an insult to the intelligence and honor of our nation.
11:26 AM on 08/28/2009
I am a fan of Eric Holder and the Obama Administration! I do however have a problem with the hypocrisy of this debate. On September 15, 2001 VP Cheney said during an interview that the U.S. will have to live in the shadows and change our tactics in how we conduct/fight this new type of war. Although that may not be his exact quote, if you read between the lines of that statement he is saying then that we are going to be pulling out the power tools and slamming some heads against the wall. This is when the media, politicians and everybody either fell asleep, didn’t care or were too scared to question these tactics. He told us in a nationally televised interview what America was going to do. Now that torture is once seen again as being wrong the same people that "hid in the shadows" after Chaney’s speech are now speaking out. Too late!!! We were warned!!! So if anyone should be prosecuted it should be the American public for putting our morals and values aside when we were scared.
05:54 AM on 08/27/2009
Investigate indeed, and follow the evidence to wherever and to whomever it may lead.
05:34 AM on 08/27/2009
Navi, seriously you are in favor?? I have seen republicans face more torture running in a union based democrat district than the cowards captured in Afghan and Iraq have faced. The body doubles for Pierce Brosnan and Daniel Craig faced more discomfort than these boys faced in questioning.
By the way have you seen Kahlid new crib? Talk about stepping up in the world. Moving from a snack and bat invested cave in the middle of no were to a Caribbean paradise island where you are feed every day, now that is what I call a smart move. Vladimir Lenin couldn't be prouder. George Jefferson, look out!!