Showing posts with label detain. Show all posts
Showing posts with label detain. Show all posts

Wednesday, February 18, 2009

Former FBI Director, General, Diplomat, Clergy Call for Presidential Commission on Detention, Treatment and Transfer of Detainees

/PRNewswire-USNewswire/ -- Leading experts, including a former FBI director, an Army general who investigated detainee abuse at Abu Ghraib, and a former Under Secretary of State, today called upon President Obama to appoint a non-partisan commission to fully investigate and examine the detention, treatment, and transfer of detainees following the September 11th terrorist attacks.

The commission's proposed mandate would allow it to identify detainee policy failures and their causes in order to formulate recommendations to address problems identified in the report.

The group issued the following statement detailing their call to action:

"We urge President Obama to appoint a non-partisan commission of distinguished Americans to examine, and provide a comprehensive report on, policies and actions related to the detention, treatment, and transfer of detainees after 9/11 and the consequences of those actions, and to make recommendations for future policy in this area."

The statement was signed by: Juan E. Mendez, President of the International Center for Transitional Justice; Thomas Pickering, former Under Secretary of State for Political Affairs; Judge William Sessions, former Director of the Federal Bureau of Investigation; Major General Antonio M. Taguba, USA (Ret.); and Rev. Dr. John H. Thomas, General Minister and President of the United Church of Christ. In addition, 18 leading human rights organizations have endorsed the statement.

"The president has a responsibility to protect and defend Americans and unfortunately, many questions remain unanswered as to whether the detention, transfer, and treatment of detainees following the September 11th attacks were in the country's best interest," said Sessions, the former FBI director. "We need to understand what happened and how to prevent any illegal actions from taking place in the future."

Pickering, the former Under Secretary of State said, "the new administration cannot be effective in looking forward without a full accounting and understanding of how American policy got to where we are today." He added, "a non-partisan commission, removed from the burdensome barriers of politics, is a well proven method of accomplishing these goals."

The organizations endorsing this effort are: Amnesty International USA; the Brennan Center for Justice; the Center for Human Rights and Global Justice, New York University, School of Law; the Center for the Study of Human Rights in the Americas, University of California, Davis; the Center for Victims of Torture; the Constitution Project; the Human Rights Center, University of California, Berkeley; Human Rights First; Human Rights Watch; the International Center for Transitional Justice; the International Justice Network; the Jacob Blaustein Institute for the Advancement of Human Rights; the Jewish Council for Public Affairs; the National Institute of Military Justice; the National Religious Campaign Against Torture; the Open Society Institute; Physicians for Human Rights; and the Rutherford Institute.

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Thursday, December 18, 2008

Leading Civil Liberties and Human Rights Organizations Urge Obama Not to Create On-Shore Guantanamo System

/PRNewswire-USNewswire/ -- Four leading civil liberties and human rights organizations today urged President-elect Obama to implement "an unqualified return to America's established system of justice for detaining and prosecuting suspects" when he fulfills his pledge to shut down the Guantanamo Bay prison camp and military commissions. In a letter delivered to the presidential transition team, the American Civil Liberties Union, Amnesty International USA, Human Rights First and Human Rights Watch state that they "categorically oppose the creation of any other ad-hoc illegal detention system or 'third way' that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantanamo on-shore."

The full text of the letter is as follows:

Dear President-elect Obama:


As heads of four prominent civil liberties and human rights organizations, we wish to convey our uniform position on the steps we believe should be taken once you fulfill your pledge to close the Guantanamo Bay prison camp.

Our groups firmly advocate an unqualified return to America's established system of justice for detaining and prosecuting suspects. We categorically oppose the creation of any other ad-hoc illegal detention system or "third way" that permits the executive branch to suspend due process and hold suspected terrorists without charge or trial, essentially moving Guantanamo on-shore.

As you know, the Geneva Conventions allow for the detention of enemy soldiers captured on the battlefield until the cessation of international armed conflict. But what is new -- and altogether radical -- is the notion that a wartime detention model can be applied to something as amorphous as a "war on terror" that lacks a definable enemy, geographical boundary, or the prospect of ending anytime soon. If a conflict exists everywhere and forever, empowering the government to detain combatants until the end of hostilities takes on a whole new and deeply disturbing meaning.

We are confident that when you take office, you will immediately set a date certain for closing Guantanamo. The new Justice Department should conduct a fresh review of all detainee records to determine whether there is legitimate evidence of criminal activity. Where there is not, detainees should be repatriated to their home countries for trial or release. If there is a risk of torture or abuse in their home countries, they should be transferred to third countries that will accept them or admitted to the United States.

Where evidence of criminal activity does exist, detainees should be prosecuted in traditional federal courts. Contrary to the views of proponents of detention without trial who argue that America's existing courts can't handle terrorism prosecutions, the United States justice system has a long history of handling terrorism cases without compromising fundamental rights of defendants while accommodating sensitive national security issues. In fact, a recent analysis of more than 100 successfully prosecuted international terrorism cases conducted by two former federal prosecutors for Human Rights First found that "the justice system ... continues to evolve to meet the challenge terrorism cases pose." Our courts have proven that they can handle sensitive evidence. The Classified Information Procedures Act (CIPA) outlines a comprehensive set of procedures for federal criminal cases involving classified information. Applying CIPA over the years, courts have successfully balanced the need to protect national security information, including the sources and means of intelligence gathering, with defendants' fair trial rights.

Some have argued that the best way to deal with the toughest cases at Guantanamo would be to establish what amounts to another unconstitutional detention system once the island prison camp is shut down. The proponents of this school of thought claim that there are some detainees who are too dangerous to be released but who cannot face criminal charges. This is mostly based on the assumptions that some detainees have committed crimes not covered by American law, that some cases rely on sensitive national security information that cannot be disclosed in open court, and that the evidence against some detainees would not be admissible in a regular court because it was coerced through torture or abuse.

But federal prosecutors have an imposing array of prosecutorial weapons at their disposal, including laws that criminalize conspiring or attempting to commit homicide, harboring or concealing terrorists, and providing "material support" to terrorist organizations. The government can secure a conviction for conspiracy by showing only an agreement to commit a crime against the United States and any overt act in furtherance of that agreement. If the government cannot meet that minimal burden of proof, it is difficult to see why it should continue to detain a suspect.

It is true that many of the statements obtained from detainees through abusive interrogation would not be admissible in a court of law. But the fact that the American justice system prohibits imprisonment on the basis of evidence tortured out of prisoners is one of its strengths, not a weakness; it's why we call it a "justice system" in the first place. Moreover, one would hope that if a prisoner were as guilty or dangerous as claimed, the government would be able to gather enough admissible evidence to prove its case from untainted sources, such as computers or cell phones that were seized, conversations that were intercepted, or physical surveillance that was conducted.

But most importantly, to create a whole new detention system and enact new legislation to accommodate the Bush administration's shameful torture policies would be a legal and moral catastrophe. Even the most unequivocal repudiation of torture would be hollow if your administration were to construct another regime to hide its occurrence and evade its consequences.

The lessons from the military commissions debacle should be heeded. It is not possible to create a brand new system of justice from scratch in the United States without enduring years of litigation and controversy. Any new national court system or regime that allows detention without due process will be challenged, most likely all the way to the Supreme Court. In the meantime, there will be massive controversy and uncertainty about the fate of detainees caught up in it.

There's no doubt the Bush administration's abhorrent detention policies have left you, the American people and the entire world with a huge mess to clean up. At the same time, you have inherited a huge opportunity to lead America on its journey to regain its values and credibility. This cannot be done with half-steps. There's no such thing as "sort of upholding our principles to the extent possible." We strongly urge you to uncompromisingly restore America's role as a nation that stands for decency, justice and the rule of law.

With gratitude for your consideration in this matter,


Anthony D. Romero
Executive Director
American Civil Liberties Union

Larry Cox
Executive Director
Amnesty International USA

Elisa Massimino
Executive Director
Human Rights First

Kenneth Roth
Executive Director
Human Rights Watch

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