Lindsay Graham Likes to Watch - Democratic Underground

Solly Mack

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Thu May-14-09 08:54 AM
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Lindsay Graham Likes to Watch

On May 13, 2009, during the Senate Judiciary Committee's hearing on "What Went Wrong:Torture and the Office of Legal Counsel in the Bush Administration", Senator Lindsay Graham admitted to being present during the interrogation of "terror" suspects by foreign police.

Beginning at the 1:38:30 mark, Graham begins a mutual admiration moment with Professor Robert Turner. Graham and Turner masturbate each other as they happily agree that the "War on Terror" isn't your traditional kind of war.

From there Graham says:

"Have you ever been to an interrogation conducted by the Spanish police?"

This is directed at Philip Zelikow, who answers:

"I have not had that rare privilege"

To which Graham replies: "Well, I have."

Graham then goes on to ask:

"Have you ever been to an interrogation conducted by the Carbanari (Italian police)?"

Again Zelikow answers: "Neither - have I"

Graham then smirks and turns his next question to Turner.

"Do you believe these interrogations are Common Article 3 compliant?"

Turner says No

Graham then says: "There is no law enforcement in the world dealing with terrorism that interrogates in an Article 3 manner"

In addition to Graham's admission that he was present during interrogations that did not follow Common Article 3, Graham is wrong about the obligations of the law enforcement agencies in Spain and in Italy. (as well as other countries)

There's this thing called the Universal Declaration of Human Rights

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11

Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Application of the Universal Declaration of Human Rights as applied to law enforcement.

1. Everyone has the right to life, liberty and security of person (Article 3, UDHR)

2. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article 5, UDHR)

3. All are equal before the law and are entitled without any discrimination to equal protection of the law (Article 7, UDHR)

4. No one shall be subjected to arbitrary arrest and detention (Article 9, UDHR).

5. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which they have had all the guarantees necessary for their defence (Article 11(1), UDHR)

6. Everyone has the right to freedom of opinion and expression (Article 19, UDHR)

7. Everyone has the right to freedom of peaceful assembly and association, and no one may be compelled to belong to an association (Article 20, UDHR)

While the Universal Declaration of Human Rights has no signatories and is not actually binding by law, it has become the customary standard for human rights, as well as the basis for several treaties that followed - treaties that do have signatories and are biding by law.

Other documents directly relevant to policing work are the following United Nations law enforcement, criminal justice and human rights instruments:

UN Code of Conduct for Law Enforcement Officials

UN Guidelines for the effective implementation of the Code of Conduct for Law Enforcement Officials

UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions

UN Declaration on the Protection of All Persons from Enforced Disappearances

UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

UN International Covenant on Civil and Political Rights

UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

UN Standard Minimum Rules for the Treatment of Prisoners (hereafter referred to as Standard Minimum Rules)

UN Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (hereafter referred to as Body of Principles)

UN Convention on the Rights of the Child

UN Rules for the Protection of Juveniles Deprived of their Liberty

UN Declaration on the Elimination of Violence against Women

UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power

UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment states:

Article 10

1. Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.
2. Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person.

Spain and Italy are both signatory countries to the CAT.

Common Article 3 states:

(1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed 'hors de combat' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

(b) taking of hostages;

(c) outrages upon personal dignity, in particular humiliating and degrading treatment;

(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

(2) The wounded and sick shall be collected and cared for.

The common thread running through all the declarations and treaties is the prohibition against torture, as well as cruel, inhuman or degrading treatment or punishment.

In conclusion, we have a United States Senator admitting he traveled to another country to watch the interrogation of terror suspects by foreign law enforcement officials. Senator Graham also suggests that said interrogators did not comply with their treaty obligations. By saying the interrogations did not comply with Common Article 3 and its prohibition against abuses, Graham is accusing these foreign law enforcement agencies of violating the Convention Against Torture.

Another question we have to ask ourselves, were these detainees a victim of our extraordinary rendition program? And if not, then why was Senator Lindsay Graham invited to watch?