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Feature:
Monday
May 30 2005
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BUSH ADMINISTYRATION SANCTIONED
TORTURE Amnesty report
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The Bush administration is waging a war of terror and torture
against workers and oppressed peoples at home and abroad,
the Amnesty International Report 2005 confirms.
In the section on the United States of America, covering events
from January-December 2004, Amnesty states in its introduction:
Hundreds of detainees continued to be held without charge
or trial at the US naval base in Guantánamo Bay, Cuba.
Thousands of people were detained during US military
and security operations in Iraq and Afghanistan and routinely
denied access to their families and lawyers.
Military investigations were initiated or conducted
into allegations of torture and ill-treatment of detainees
by US personnel in Abu Ghraib prison in Iraq and into reports
of deaths in custody and ill-treatment by US forces elsewhere
in Iraq, and in Afghanistan and Guantánamo.
Evidence came to light that the US administration had
sanctioned interrogation techniques that violated the UN Convention
against Torture.
Pre-trial military commission hearings opened in Guantánamo
but were suspended pending a US court ruling.
In the USA, more than 40 people died after being struck
by police tasers, raising concern about the safety of such
weapons.
The death penalty continued to be imposed and carried
out.
In the sub-section: Torture and ill-treatment of detainees
outside the USA the report says that released
documents showed that the administration had sanctioned interrogation
techniques that violated the UN Convention against Torture
and that the President had stated in a central policy memorandum
dated 7 February 2002 that, although the USAs values
call for us to treat detainees humanely, there
are some who are not legally entitled to such treatment.
The documents discussed, among other things, ways in
which US agents could avoid the international prohibition
on torture and other cruel, inhuman or degrading treatment,
including by arguing that the President could override international
and national laws prohibiting such treatment.
The report notes: The activities of the CIA in Iraq
and elsewhere, for example, remained largely shrouded in secrecy.
No investigation dealt with the USAs alleged involvement
in secret transfers between countries and any torture or ill-treatment
that may have ensued. Many documents remained classified.
Turning to the USA itself, under Detentions of enemy
combatants in the USA, the report says: In
June the US Supreme Court ruled that Yaser Esam Hamdi, a US
citizen held for more than two years in military custody without
charge or trial as an enemy combatant, was entitled
to due process and habeas corpus review of his detention by
the US courts.
His case was remanded for further proceedings before
the lower courts.
While the latter were pending, he was released from
US custody in October and transferred to Saudi Arabia, under
conditions agreed between his lawyers and the US government.
These included renouncing his US citizenship and undertaking
not to leave Saudi Arabia for five years and never to travel
to Afghanistan, Iraq, Israel, Pakistan or Syria.
José Padilla, a US national, and Ali-Saleh Kahlah
Al-Marri, a Qatari national, remained detained without charge
or trial as enemy combatants.
José Padilla had filed a similar petition to
Yaser Hamdi before the US Supreme Court but the Court rejected
his petition on the grounds that his appeal had been filed
in the wrong jurisdiction.
The case was pending a rehearing in South Carolina,
where he was detained in a military prison at the end of 2004.
In its next section, the report continues: Conscientious
objectors Staff Sergeant Camilo Mejía Castillo and
Sergeant Abdullah William Webster were imprisoned; they were
prisoners of conscience. Both men remained in prison at the
end of the year.
Both had refused to serve in Iraq, questioning the legality
of the war and military actions being carried out under the
occupation.
As in Britain, asylum seekers and migrant workers are abused
in the US.
The Amnesty report says: In November, National Public
Radio (NPR) reported allegations of abuse of immigration detainees
held at three New Jersey jails, including Passaic Jail and
Hudson County Correctional Center.
They included claims that two prisoners were beaten
while handcuffed and that others were bitten by guard dogs.
AI had reported on similar abuses in 2003.
Most of the alleged victims in the NPR report were deported
before investigations could be completed.
The Department of Homeland Security said it was reviewing
various contract detention facilities but did not confirm
which jails were covered in the review.
Under the sub-heading Ill-treatment and excessive use
of force by law enforcement officials the report continues:
There were reports of ill-treatment and deaths in custody
involving new generation tasers: powerful dart-firing
electroshock weapons deployed or trialled by more than 5,000
US police and correctional agencies.
More than 40 people died after being struck by US police
tasers, bringing to more than 70 the total number of such
deaths reported since 2001.
While coroners generally attributed cause of death to
factors such as drug intoxication, in at least five cases
they found the taser played a role.
Most of the people who died were unarmed men who did
not appear to pose a serious threat when they were electroshocked.
Many were subjected to multiple shocks and some to additional
force such as pepper spray or dangerous restraint holds, including
hogtying (placing someone face-down with their hands and feet
bound together from behind).
There were reports that tasers were used by officers
routinely to shock people who were mentally disturbed or simply
refused to obey commands.
Children and the elderly were among those shocked.
In most such cases, the officers involved were cleared
of wrongdoing. In some departments tasers had become the most
common force tool used by officers against a wide range of
suspects.
AI reiterated its call on the US authorities to suspend
use and transfers of tasers and other stun weapons pending
a rigorous, independent inquiry into their use and effects.
Finally, the US state continued its policy of executions.
The report notes: In 2004, 59 people were executed,
bringing to 944 the total number of prisoners put to death
since the US Supreme Court lifted a moratorium on executions
in 1976.
Texas accounted for 23 of the years executions,
and 336 of all the executions in the USA since 1976.
Five people were released from death row in 2004 on
grounds of innocence, bringing to 117 the total number of
such cases since 1973.
It adds: The USA continued to contravene international
law by using the death penalty against child offenders
people who were under 18 at the time of the crime. Around
70 child offenders remained on death row during the year,
more than a third of them in Texas.
Also: Prisoners with histories of serious mental illness
continued to be sentenced to death and executed.
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