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Security

Rights Groups To U.S.: ‘Apology Is Now Long Overdue’ To Canadian Sent To Syria For Torture

When Maher Arar arrived at New York’s JFK airport in 2002, he was only supposed to change planes and continue his journey from visiting relatives in Tunisia back to his home in Canada. But the routine layover was a fateful one: while briefly on U.S. soil, Arar was snatched by authorities, kept incommunicado and away from lawyers for two weeks, then shipped to Syria. Arar endured a year of captivity and alleged torture at the hands of the brutal Syrian regime. Now, after the Canadian government formally apologized to him five years ago, rights groups are demanding that the U.S. do the same.

Three American groups that oppose torture — the National Religious Campaign Against Torture, Amnesty International USA, and the Center For Constitutional Rights — delivered a petition with 60,000 signatures to the White House this week demanding an apology.

In 2007, the Canadian government admitted Arar had been mistakenly pinpointed as an Al Qaeda ally, apologized, and compensated him.

President Obama ended the “extraordinary rendition” program in 2009 and Politifact noted that the Obama administration “has announced new procedural safeguards concerning individuals who are sent to foreign countries” but some rights groups claim those safeguards aren’t adequate.

Citing the requirement for “remedy and redress” in the International Covenant on Civil and Political Rights, the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment — which prohibits knowingly transferring detainees to countries, like Bashar al-Assad’s Syria, that engage in torture — the letter campaign (PDF) asked signees to themselves apologize and then demand the U.S. do the same. An Amnesty press release said:

“It was so painful,” Maher Arar said of the beatings he endured, “that I forgot every enjoyable moment in my life.”

Released without charge and allowed to return home to Canada, Maher Arar received an apology and compensation from the Canadian government for its role in his treatment. But the U.S. government has failed to apologize or offer Maher Arar any form of remedy – despite its obligation to do so under the UN Convention Against Torture and other human rights treaties.

The letter campaign emphasized that additional steps need to be taken for accountability in the Arar case, including more explicit prohibitions on transfer, not relying only on diplomatic assurances about the treatment of detainees before transfers, ending discrimination in “no fly lists” and investigating and prosecuting those who broke the law.

Amnesty also released an infographic — using a mock-up of Arar’s 3-foot-wide, 7-foot-high and 6-foot-deep Syrian cell — highlighting the numbers around his detention: 12 days of incommunicado detention in the U.S., 351 in Syria while enduring torture, and 0 charges filed against Arar. However, there is no figure for the “number of people like Maher Arar subjected to the U.S. government’s ‘extraordinary rendition’ program.” That number? The Amnesty infographic boldly states, “UNKNOWN.”

Alyssa

‘Scandal,’ Sanctimony, Torture and the Challenge for TV Anti-Heroines

I quite like Emily Nussbaum’s deconstruction of Scandal in this week’s New Yorker, which is really a way for her to discuss the various uses television shows make of race and colorblindness. But I wanted to highlight a different part of the review which explores something that I think can be a real straightjacket for shows: the need for female characters in general, and Olivia Pope in particular to be either good or evil, to embody an entirely different kind of black-white divide. Scandal is increasingly dull, Emily says, because Olivia Pope’s theoretical flaws all turn out to reinforce her status as a paragon:

Thirty-eight years have passed, but, in certain ways, little has changed. Shonda Rhimes, who created “Grey’s Anatomy” and “Private Practice,” is still the sole prominent black female showrunner in television. (The most powerful black male showrunner is Tyler Perry, on TBS.) Although the heroine of “Scandal,” Olivia Pope, would never go in for Christie Love’s salty back talk, the two do share some qualities: they are incorruptible superprofessionals, worshipped and desired by everyone around them. Pope, once the President’s most trusted aide and, for a while, his secret mistress, is now the biggest fixer in Washington. (Her career is based on that of a real person: Judy Smith, a former Assistant U.S. Attorney and deputy press secretary in George H. W. Bush’s White House.) In other political narratives, the fixer might be a cynical alcoholic, or a gleeful player like Gloria Allred. Not Pope. She’s the BlackBerry-wielding flack as avenging angel. Her employees, each of whom she’s rescued from rock bottom, describe themselves as “gladiators in suits”; they say that their boss “wears the white hat.” Despite, or perhaps because of, these dollops of praise, Pope comes off as a bit of a buzzkill, all glares and Sorkinesque lectures, eyes welling with righteousness…Olivia Pope’s greatest character defect is her sexual history with the President, but that just suggests she’s a woman worth risking the White House for.

An even better example of this, I think, was the incident a couple of episodes ago when Olivia asks Huck (Guillermo Díaz), a former CIA operative with what seems like a serious case of PTSD, to torture one of his former employees. It’s a totally horrific thing for her to ask, and the scene that follows is shocking, Huck relapsing like, as he describes himself, an addict, the whir of a drill, a man screaming, bleeding onto sheet plastic. It’s a doubly awful thing she’s done here, not just ordering someone tortured, but asking Huck to do something she knows will damage his already flimsy soul. And there’s no indication that she needed to do it at all to get the information she needs (the show reinforces the misconception that torture produces accurate intelligence)—a reporter for a Washington paper even beats Olivia to the killer’s identity simply by using the tools of his trade. The show just seemed to expect that we’ll trust that Olivia is On the Side of Right rather than wondering how far this woman’s self-righteousness will lead her, how willing she is to crush people to fulfill her aims.

A story about a Washington woman who is an amoral fixer would be pretty interesting, and Scandal has the ingredients to be an interesting anti-heroine show. Scandal’s at its best when it’s a story about people who are channeling their worst tendencies, whether it’s womanizing or a talent for snooping, towards good projects, when Olivia’s firm functions as a form of rehab. And with the other characters in the show, Shonda Rhimes seems relatively comfortable portraying them as broken or fallen in a way that makes them more interesting. Olivia, by contrast, is less a gladiator in a suit than a ruler-wielding Mother Superior whose authority is unimpeachable. She’s not to blame for ordering torture because her cause is just. She’s not doing anything wrong by schtupping the president because he started it, and besides, his wife is the worst.

What makes anti-heroes fascinating when they work is that they make decisions are reprehensible, but that we can understand and even sympathize with given the framework and worldview those characters are operating within. The fact that unlike Walter White or Jimmy McNulty, Olivia’s always in the right actually means that she her and the show she’s operating within are more potentially amoral: her permanent correctness means a moral reckoning isn’t necessary. I can’t help but thinking of Patty Hewes, the lawyer on Damages who makes Olivia’s so-called Gladiator in a Suit look like a fluffy baby duck. She is a wretched mother, a deeply unpredictable mentor, a person who does overwhelming harm to the lives of people she encounters. But unlike Olivia, Patty appears to know who and what she is. It would be nice if Scandal developed the self-confidence to give Olivia the same kind of self-awareness.

Alyssa

‘The Avengers’ and ‘The Dictator’ Take On 9/11

Looking back, superhero movies and a boom in Middle Eastern terrorists on television and film were probably the inevitable pop culture responses the September 11 attacks, the former a fantasy of stopping the worst before it happens without loss of life and treasure, the latter an attempt to personify an enemy most Americans hadn’t even considered. But while most of these cultural references have been more allusion than direct reference, the Joker’s demented drag as a substitute for Osama bin Laden, Oded Fehr in Sleeper Cell instead of Mohammad Atta, The Avengers and The Dictator both seem to me to be addressing September 11 and its aftermath with unusual directness, if to very different effect.

The Avengers is hardly the first post-9/11 movie to have superheroes rampage through New York, causing property damage and loss of life along the way. But I was struck, in the moment when Thor, doing battle with his brother Loki atop Stark Tower, forces him to look out at the city Loki’s forces were laying waste to, trying to force him to recognize the stupid, destructive futility of his attack. The crash of alien invaders into skyscrapers was one of the most striking visual allusions to the September 11 attacks I’ve seen in an action movie, flowers of fire blooming from pillars of steel in an eruption of violence hugely more widespread than the terror accomplished by 19 angry men in three hijacked planes.

The buildings didn’t fall. We didn’t have to go to war, because we could shut the border between our world and the one from which our enemies came. We didn’t even have to conduct a mop-up operation or interrogate detainees because when that portal closed, the invaders collapsed like toys (interestingly, while in Avengers captivity, Loki assumes he’ll be tortured and Nick Fury certainly seems prepared to do so, but it’s Black Widow who talks information out of the mad god without touching him). This isn’t just a fantasy of an easy dynamic, of revenge on the bad guys as Adam Serwer has written at Mother Jones. It’s a dream of resilience and clean war, where we can suffer greater losses and survive; where we can solve our problem without putting as many men and women at risk of death, deformity, or traumatic brain injury; where we can end the war in a day; where we can avoid doing grievous harm to ourselves and our values in the process.

The Dictator doesn’t perform alchemy on our post-9/11 fears, it mocks them. Sacha Baron Cohen’s upcoming comedy about a Middle Eastern dictator adrift in New York City takes on issues ranging from anti-Arab sentiment. But it also features an extended joke, which appears at the end of this red band trailer, that derives its humor from the idea that a pair of tourists in a helicopter are stupid to think that they might be the victims of a 9/11 style attack again:

It’s a poor choice of target. Publications like The Onion and Modern Humorist dived in immediately after 9/11 to start making fun of the hijackers themselves, and the Taliban and al Qaeda more broadly, turning them into small, delusional, murderous, isolated men rather than giving them the deference of treating them like an existential threat to the United States. It’s that kind of thinking that leads to raids to take out Osama bin Laden directly, rather than grinding wars that have accomplished little more than giving the sense that the country responding with force equal to the trauma we felt on September 11 itself. If you want to make fun of that trauma, it makes more sense to mock the things that it’s made us do to ourselves, be it the threat level system, invasive TSA searches, or watch lists. For all the movie’s other fantasies, Bruce Banner’s indignant request to know why “Captain America’s on a threat list?” in The Avengers says a lot more about the idiocies of post-9/11 vigilance than mocking the terror of two middle-aged tourists who think they’re about to die.

NEWS FLASH

BBC: CIA Torture Tapes Show ‘Vomiting And Screaming’ | The BBC’s Peter Taylor reports that sources told him that some of the CIA tapes that recorded the use of torture (or so-called “enhanced interrogation techniques”) show detainees, particularly Abu Zubaydah “vomiting and screaming.” In a new interview, Taylor asked former CIA counterterrorism head Jose Rodriquez — who ordered that the tapes be destroyed — to comment. “I don’t know where you got that from,” he said. “I don’t know about screaming and vomiting but it’s not a pretty sight,” Rodriquez said. Rodriquez is currently doing a media tour promoting his new book in which he justifies and defends the CIA’s use of torture. Watch the clip from the interview:

Alyssa

‘Neighborhood Watch’ Is Now ‘The Watch,’ Still Involves Comedians Fighting Aliens

In the wake of George Zimmerman’s fatal shooting of Trayvon Martin, Fox pulled some advertising for its upcoming comedy Neighborhood Watch, in which some overly-vigilant patrolees discover they’ve got an alien invasion on their hands. Now, they’ve changed the movie’s name to The Watch, and released a trailer that suggests the movie is more R-rated comedy than an affirmation of a power grab:

I tend to think movies like these are always somewhat dicey, since they’re built on the proposition that things that in the real world would be extremely dangerous or morally compromised—like getting overly zealous about guarding your neighborhood to the point that you start treating people in threats in ways that can escalate, or, say, torturing people—end up getting the results you want, whether it’s beating the bad guys or eliciting accurate information, both outcomes that in those cases would be rather unlikely. I thought it was problematic, for example, that in last week’s episode of Scandal, Olivia asks one of her employees to torture a suspect, aggravating what appears to be a severe case of PTSD, and then was rewarded for asking him to do this terrible thing by getting the information that she wanted. One bad message, that torture works, was wrapped inside a better one, that asking people on our side to do terrible things harms their humanity.

The Watch could end up validating macho nonsense that does real harm off-screen. Or it could end up arguing that most of the time, the people we assess as threats are no danger to us, and in fact are common allies in larger projects, the people we need to help make our communities better rather than the people we need to fear.

Security

Ninth Circuit Court Rules That John Yoo Is Protected From Torture Lawsuit

In 2008, convicted terrorist Jose Padilla sued former Bush administration lawyer John Yoo for writing controversial Justice Department Office of Legal Counsel (OLC) memos justifying the use of torture. The suit said Yoo’s memos, which were signed by OLC head Jay Bybee, provided the legal justifications for what the suit said was Padilla’s unconstitutional confinement and “gross physical and psychological abuse.”

Today, the 9th Circuit Court, of which Jay Bybee is a member, ruled that Yoo is protected from the lawsuit, claiming that the law defining torture and the treatment of enemy combatants was unsettled when Yoo wrote the memos:

We therefore hold that Yoo must be granted qualified immunity, and accordingly reverse the decision of the district court.

As we explain below, we reach this conclusion for two reasons. First, although during Yoo’s tenure at OLC the constitutional rights of convicted prisoners and persons subject to ordinary criminal process were, in many respects, clearly established, it was not “beyond debate” at that time that Padilla — who was not a convicted prisoner or criminal defendant, but a suspected terrorist designated an enemy combatant and confined to military detention by order of the President — was entitled to the same constitutional protections as an ordinary convicted prisoner or accused criminal. Id. Second, although it has been clearly established for decades that torture of an American citizen violates the Constitution, and we assume without deciding that Padilla’s alleged treatment rose to the level of torture, that such treatment was torture was not clearly established in 2001-03.

Running down the list of torture memos Bybee signed, Marcy Wheeler writes of the 9th Circuit’s decision, “Oh good. We don’t have to question the competence of anyone on the 9th Circuit now, given that the 9th Circuit has judged that it was not beyond debate that Inquisition torture methods were torture when now-9th Circuit judges were signing off on claims they weren’t.”

Security

Rejecting Expert Claims Of Torture’s Efficacy, Former CIA Official Defends Harsh Interrogations

In an interview with CBS’s 60 Minutes, former Central Intelligence Agency clandestine operations chief Jose Rodriguez defended his department’s use of torture methods when questioning terrorist suspects.

Rodriguez, who had tapes of the interrogations destroyed, was unapologetic. He told 60 Minutes:

We made some al Qaeda terrorists with American blood on their hands uncomfortable for a few days. But we did the right thing for the right reason. And the right reason was to protect the homeland and to protect American lives. So yes, I had no qualms. [...]

If there was going to be another attack against the U.S., we would have blood on our hands because we would not have been able to extract that information from [a terrorist suspect]. So we started to talk about an alternative set of interrogation procedures.

Watch a clip:

Rodriguez compared so-called stress positions — such as making detainees hold their hands above their heads — and sleep-deprivation to going to the gym and having jetlag, respectively. He cited the interrogations of alleged Al Qaeda terrorists Abu Zubaydeh and Khalid Sheikh Mohammad. “This program was about instilling a sense of hopelessness and despair on the terrorist, on the detainee, so that he would conclude on his own that he was better off cooperating with us,” he said.

But others — including military and law enforcement officials and politicians — have said that interrogations are most effective when interrogators stick to the script laid out on interrogations in the Army Field Manual, which is informed by decades of military experience. Anti-torture advocates note that the interrogation techniques employed during the Bush administration go against American values, endanger U.S. troops who might facing reciprocal treatment, and often lead to false information because subjects of harsh interrogations will say anything to get the sessions to end.

When confronted by CBS’s Leslie Stahl with the FBI’s contention that Abu Zubaydeh gave up his most useful information before harsh interrogations, Rodriguez said, “It’s not true.” Asked about a CIA inspector general’s report stating that the guidelines — or lack thereof — led to “unauthorized, improvised, inhumane and undocumented” techniques, Rodriguez said, “Well our own inspector general in many cases did very sloppy work. That report is flawed in many different ways.” Told by Stahl that she’d heard information gained from Abu Zubayded through waterboarding led the U.S. on wild goose chases, Rodriguez fired back, “Bullshit. He gave us a road map that allowed us to capture a bunch of Al Qaeda senior leaders.” Still-secret documentation of the claims makes sorting out the disputes difficult.

But former FBI interrogator Ali Soufan said in an interview with CNN that “the examples that they are mentioning as the successes of EITs absolutely were not produced by EITs.” He said the information gleaned from Abu Zubaydeh that pointed to Khalid Sheik Muhammad’s central role in the 9/11 attacks came before waterboarding on Abu Zubaydeh began.

When the debate over harsh interrogations reignited after Osama Bin Laden’s killing, numerous former interrogators, officials who oversaw interrogations, military officials, and national security experts stated that the techniques were not as effective as traditional interrogation techniques and, furthermore, hurt U.S. interests by putting a bad face forward.

Even sometime Bush administration ally Sen. John McCain (R-AZ) wrote, “Ultimately, this is more than a utilitarian debate. This is a moral debate. It is about who we are.”

NEWS FLASH

Senate Investigation Finds Little Evidence Justifying ‘Enhanced Interrogation’ Methods | Reuters reports that a three-year-long investigation by Senate Intelligence Committee Democrats into the use of “enhanced interrogation techniques” (i.e. torture) is expected to find little evidence that such techniques produced counter-terrorism breakthroughs. Sources familiar with the inquiry say that committee investigators have found little substantiation for the claims by some Bush supporters that “enhanced interrogation” produced valuable intelligence. One official told Reuters that there was “no evidence” that such interrogation techniques played “any significant role” in the intelligence operations leading to the discover and killing of Osama bin Laden last May.

Security

Ex-Top CIA Official On Destroying Torture Tapes: ‘Just Getting Rid Of Some Ugly Visuals’

In a new book, the former head of the Central Intelligence Agency’s (CIA) operations wing discussed publicly for the first time his role in destroying videos of interrogations that involved torture — including 92 videos of the waterboarding of suspected terrorist Abu Zubaydah. The former official, Jose Rodriguez, reportedly laces his book with scathing criticisms of President Obama and his administration’s anti-torture policies. “I cannot tell you how disgusted my former colleagues and I felt to hear ourselves labeled ‘torturers’ by the president of the United States,” he writes in “Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives,” due out next week. Rodrigues was referring to “waterboarding,” which the American people, international law, and even some Republicans consider to be torture.

But for some reviewers, the most eye-catching revelation has focused on Rodriguez’s role in destroying the interrogation tapes that included waterboarding. Upon the closing of one of the CIA’s “black sites” — secret detention centers used to keep so-called “high-level detainees” off the grid and outside even U.S. law — Rodriguez was asked about destroying the tapes, and leaned toward the affirmative. But a memo from his superiors told him to hold off. After his superiors’ wavering between allowing the tapes’ destruction and then backing off, it was finally the Abu Ghraib prison scandal that pushed Rodriguez to order the videos destroyed. According to a review in the Washington Post, Rodriguez wrote:

We knew that if the photos of CIA officers conducting authorized EIT [enhanced interrogation techniques] ever got out, the difference between a legal, authorized, necessary, and safe program and the mindless actions of some MPs [military police] would be buried by the impact of the images.

The propaganda damage to the image of America would be immense. But the main concern then, and always, was for the safety of my officers.

…I was not depriving anyone of information about what was done or what was said. I was just getting rid of some ugly visuals that could put the lives of my people at risk.

Dana Priest, the Post reviewer who had her own run-in with Rodriguez when in the process of exposing the “black sites,” commented on the ex-spy’s motivations for destroying the videos:

In this case, a loyal civil servant — and the decision-makers above him who blessed these programs — were not thinking about the larger, longer-lasting damage to the core values of the United States that disclosure of these secrets might cause. They were thinking about the near term. About efficiency. About the safety of friends and colleagues. In their minds, they were thinking, too, about the safety of the country.

Rodriguez also contends in his book that it was the Bush administration’s torture program that led to the killing of Osama bin Laden — a common theme among proponents of torture:

I am certain, beyond any doubt, that these techniques… shielded the people of the United States from harm and led to the capture and killing of Usama bin Ladin.

That view is at odds with former interrogators and Senate Intelligence Committee Chair Diane Feinstein. Amid an extensive investigation of the techniques, Feinsten was asked if the harsh methods played a role in finding and killing Osama bin Laden. “To date, the answer to your question is no,” she replied.

Alyssa

Torture in ‘Game of Thrones,’ ‘Law & Order,’ and James Bond

I tend to agree with Amanda Marcotte that torture’s become a dangerous cliche in popular culture, though I think we come at it from rather different directions:

More importantly, torture scenes violate the audience’s trust that the characters onscreen, no matter how outlandish their surroundings, will behave like human beings. On TV, torture almost always works. The victim usually knows the information, and gives it up immediately. In rarer cases, they know nothing but are able to stop to torture by stating this fact. Either way, they respond positively to torture, and somehow the tormentor magically knows when their victim is speaking the truth.

I agree that it’s a problem that torture is shown as being effective in popular culture. But I think that should actually be a second-level objection to torture: the point that’s important to win, and the line it’s important to draw, is that torture is wrong. What actually scares me about torture and violence against prisoners and interrogators in pop culture is that there are settings in which it’s presented as at least somewhat justified. Almost all cop shows involve an officer of the law snapping and doing violence to a suspect at some point. But those actions are generally presented as failures of control, as was the case with Elliot Stabler’s beatings of suspects on Law & Order: Special Victims Unit, or of desperation, as was the case with the beatings of Bubbles on The Wire. When that’s not the case, torture can be an opportunity for a victim to prove their fortitude—specifically, their manhood. In the Casino Royale remake, Le Chiffre’s torture of bond provides an opportunity for him to prove his imperviousness to pain, and to make a joke that emasculates Le Chiffre.

What was interesting to me about the torture in this week’s episode of Game of Thrones, which Amanda focuses on, is the extent to which those scenes were about neither of those things. Joffrey and Harrenhal’s interrogators are torturing people not out of fits of temper, and not because they think there’s information for them to get out of the people they’re targeting. Joffrey doesn’t have questions that he wants to ask Ros and Daisy. The Harrenhal interrogators ask the same set of questions to every person they talk to, no matter where that person comes from or their likelihood of knowing any relevant information. These people are torturing their victims because they enjoy doing so. These scenes are all about giving us information about the torturers, to draw a line between the characters who behave like human beings and those who exist and act beyond the laws that govern the rest of us.

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