Former Gitmo Detainee: ‘It Is Time to Prosecute Those Responsible for My Torture’

[demmiblue]

Source: The Nation

“We tortured some folks,” President Obama said recently.

I was one of those folks, and today I am at the United Nations to confront the government responsible for torturing me. It is the first time that the UN Committee Against Torture has heard directly from one of the 779 men and boys detained at Guantánamo since 2002. The committee members are in Geneva to review the US government’s compliance with the global ban on torture, and I am here to remind them that not a single person who designed, authorized, executed or oversaw the torture of Gitmo detainees has been prosecuted.

In 2001, I was sold to the US military for a $3,000 bounty. I was 19 years old and would not see my family again until I was twenty-five. I found out later that the US government knew of my innocence as early as 2002, yet I was detained for years after that and repeatedly tortured during that time. I was subjected to electric shocks, stress positions, simulated drowning and endless beatings.

My story is not unique; I was one of hundreds sold to the United States by local authorities in Afghanistan and Pakistan. My torture was not unusual; many were subjected to the same brutal tactics. Nor was my innocence unusual—of the nearly 800 people who have been imprisoned at Guantánamo, only eight have been convicted by military commissions. Of the 148 men currently at Guantánamo, seventy-nine have been cleared for release, most of them for years.

<snip>

The last time the US government was reviewed by the UN Committee Against Torture was in 2006, a few months before I was released from Guantánamo. At that time, the committee told the United States that it must close Guantánamo in order to be in compliance with the Convention Against Torture. But the convention not only prohibits torture in all circumstances, it demands that signatories prosecute the perpetrators of these heinous crimes. In the eight years since that review, and despite Obama’s admission that torture took place at Guantánamo and other US offshore prisons, the US government has yet to prosecute a single official who approved or implemented these brutal practices. Not only is the United States in violation of the treaty, its failure to prosecute has set a worldwide standard of condoning torture. The UN Committee Against Torture should demand that President Obama prosecute those responsible for my torture and renew its call for the closure of Guantánamo. So should the American people.

Read more: http://www.thenation.com/article/190433/former-gitmo-detainee-it-time-prosecute-those-responsible-my-torture

[SamKnause]

1. I agree.

They should be prosecuted.

They have admitted in books and on TV that torture took place and they would not hesitate to use torture again.

They have put a black stain on this country.

We will never heal until these criminals are brought to justice.

How can you have respect for the law when some are above it ???

I can't.

[nilesobek]

2. Swift show trials

followed by draconian sentencing for the torturers. If we don't prosecute them, well, we will be next in line to be tortured.

[Octafish]

3. Better Believe It.

That and a few more charges come to mind...

Nuremberg Indictments

Count One: Conspiracy to Wage Aggressive War

This count helped address the crimes committed before the war began, showing a plan to commit crimes during the war.

Count Two: Waging Aggressive War, or "Crimes Against Peace"

Including “the planning, preparation, initiation, and waging of wars of aggression, which were also wars in violation of international treaties, agreements, and assurances.”

Count Three: War Crimes

These were the more “traditional” violations of the law of war including treatment of prisoners of war, slave labor, and use of outlaws weapons.

Count Four: Crimes Against Humanity

This count involved the actions in concentration camps and other death rampages.

SOURCE: http://law2.umkc.edu/faculty/projects/ftrials/nuremberg/NurembergIndictments.html

[Elmer S. E. Dump]

11. Dick'nDubya will look good in orange!

[Cleita]

4. This nation has to admit guilt, prosecute those responsible and make

reparations. I suggest the reparations come from the estates of the Bush/Cheney administration multi-millionaires in that upper eschelon who were responsible. They won't be needing their wealth in The Hague.

We have to do this or see ourselves at war forever with those radicals like ISIS and who ever follows them because of what we have done in our wars of aggression in the Middle East.

Our country needs to do this to save our democracy.

[Martin Eden]

5. After Justice goes down the hole ...

... Liberty will follow.

[Rex]

6. Good luck with that, we can't even get our own government to do so

so I won't hold my breath.

[heaven05]

7. I agree with the falsly detained individual

but, prosecute darth, bushie boy et al? Never happen because everyone knows the RW not only rules the U.S. it sets the standard for the world in hypocrisy and given the current state of the world, that standard is still needed..

[Dustlawyer]

8. It hasn't and will not happen because they do not want the world to know just how bad it was.

One of the reasons the CIA destroyed the tapes was to prevent the world and us from knowing what went on as well as insulating the actual torturors.
Also, too many people at the highest levels, including Bush and Cheney would have to go down. Our systemic corruption of our elected officials, judges, Wall Street, and the media cannot come fully out in the open. AMERICANS are not yet ready to deal with the legal bribery of our politicians with campaign contributions even though it is no secret, that is why it persist. Even many here at DU would rather bitch about it and turn right around and blindly support corrupt Democrats who only answer to Donors and could care less about us.

[Fortinbras Armstrong]

9. Here is the applicable law

18 U.S.C. § 2340

As used in this chapter—

(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—
(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(C) the threat of imminent death; or

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

(3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

18 U.S.C. § 2340A

(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

Note the last paragraph. That says that those who order the torture are just as liable as the actual torturers.

Another thing that is applicable is the Convention Against Torture, an international treaty to which the U.S. is a signatory.

The definition of torture as given in Article 1 of the Convention is

For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

You should also note Article 16

Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

[OnyxCollie]

10. Some Folks need to Look Forward.

[zeemike]

12. Don't hold your breath waiting for it.

Because powerful people are involved, and that means they get away with any crime.

If Obama was against it and could, he would have closed Gitmo in the first place...but he did not and will not because they still hold evidence of the crimes.

[NCTraveler]

13. Unfortunatley, nothing will be done.

Who in the world would they go after? Not a chance they would go after the current administration. They aren't going to go after someone who worked at GITMO. Bush? Yoo? Really? They couldn't touch them. If it was an organization other than the UN I could see some form of trial where the defendant is not in custody nor would they ever be. More of a verdict and indictment of our actions as a whole. I do think that has occurred a couple of times and am opposed to these trials in no way. Nor am I opposed to this individuals actions. On the contrary. Sing like a bird and watch out above.

[Scalded Nun]

14. Until people stand up and demand accountability and elect leaders who will actually do just that

This all will continue to be one of the sub-bullets under the heading

'Welcome to America'