Andy Worthington is posting portions of the United Nations’ “Joint Study on Global Practices in Relation to Secret Detention in the Context of Counter-Terrorism,” a detailed, 186-page report issued last February (PDF). As he explains it, he’s "posting the section of the report that deals with US secret detention policies since the 9/11 attacks [section 4 of the original report], in the hope that it might reach a new audience — and provide useful research opportunities — as an HTML document." Andy adds:
I do, however, urge everyone to read the whole report, because the introduction and conclusions are important, as are the sections establishing the legal approach to secret detention and its historical context, the section detailing current practices in 25 other countries worldwide, and the annexes, which contain government responses to a questionnaire about secret detention, and a number of case studies.
The report concludes:
In many contexts, intelligence agencies operate in a legal vacuum with no law, or no publicly available law, governing their actions….
Secret detention as such may constitute torture or ill-treatment for the direct victims as well as for their families. As many of the interviews and cases included in the present study illustrate, however, the very purpose of secret detention is to facilitate and, ultimately, cover up torture and inhuman and degrading treatment used either to obtain information or to silence people….
The generalized fear of secret detention and its corollaries, such as torture and ill-treatment, tends to effectively result in limiting the exercise of a large number of human rights and fundamental freedoms, including freedom of expression and freedom of association.
Part One of the report is here. Part Two is linked here. I’ll post the link to Part Three when he uploads it. All links are easy to download HTML.
I’d follow Andy’s advice and download the whole thing, especially as the full details for all the footnotes can only be followed in the original report. He says he’s added what he can in square brackets, and also kindly supplied some hyperlinks — a distinct bonus over the report itself!
The report was prepared by "Martin Scheinin, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, Manfred Nowak, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Shaheen Ali, the vice-chair of the Working Group on arbitrary detention, and Jeremy Sarkin, the chair of the Working Group on enforced or involuntary disappearances." The scope of the report is quite large, including 66 countries, including various European states, China, Canada, Iraq, Morocco, Jordan, Saudi Arabia, Sri Lanka, Israel, Libya, Zimbabwe, Sudan, and many more.
The UN experts’ conclusions were criticized by a number of countries, including some grumbling over the report’s "methodology" from Eileen Donahoe, U.S. ambassador to the Human Rights Council. As Worthington noted in his original story on the report on June 15:
Despite the experts’ hopes, Deutsche Welle noted that a detailed questionnaire that experts sent to the UN’s 192 member countries was only answered by 44 of those countries, and, moreover, “Of these, not one admitted to the existence of secret prisons. The report’s authors depended on independent sources for their investigation and many countries denied them any kind of access to relevant materials or sources.”
The article also noted, “During the debate, China, Russia, Pakistan, Sri Lanka, Syria, Algeria and other African nations denied that any secret detention facilities existed on their territory.” Revisiting the complaints they made when the report was first published, “They accused the report’s authors of sloppy research, of overstepping their mandate and of compiling the report without being commissioned to do so by the UN Human Rights Council"….
Nevertheless, reflecting on the discussion, Martin Scheinin told IPS, “It went better than expected. The report has been very controversial and now there appears to be acknowledgement that the issue is serious enough not to be trivialized by procedural filibustery.”
While the UN experts were dismayed over the U.S. failure to close Guantanamo, as promised by President Obama, they reportedly were somewhat understanding, in that they believed "The [U.S.] government is unable to do anything when the legislature prohibits part of the options available: namely taking a single person from Guantanamo to the mainland United States." Maybe the report’s authors were simply pleased the U.S. had not opposed the report in general. Given the fact that in the past year new secret prisons have been revealed at both Guantanamo and Bagram Air Base, the role of the current administration in relation to secret detention sites and abuse of prisoners in U.S.-run secret prisons, and those of its allies, like Iraq, remains the least reported scandal of the Obama years.
The UN report on secret detentions in the name of "counter-terrorism" was hardly reported by either the U.S. press or the blogosphere. This is not a subject fit for discussion in the era of Obama. While part of the country chokes on a diet of corporate-supplied oil swill, the military-industrial-technical might of the country is engaged in military adventures and empire-building that is bankrupting the nation, and sowing ill-will world-wide.
What the UN report also demonstrates is that the U.S. practice of holding "ghost prisoners" in undocumented and hidden prisons is by no means unusual, that in a world run by corrupt elites and nationalist dictators dreaming revanchist dreams, and running ethnic cleansing enterprises, the practice of secret detention has a wide dissemination. In this we can see the U.S. is only one among many malefactors, if perhaps more responsible (or more cynical) for the breadth of their enterprise, their use of allies utilizing secret prisons for the rendition program, and their long practice of such detentions, going back to the secret backing for Operation Condor, the kidnapping-assassination-secret detention program in South America in the 1970s. (See the article Operation Condor: Deciphering the U.S. Role, by historian J. Patrice McSherry.) Condor is specifically singled out in the UN report as a precursor to the current practice of secret detentions in a number of countries.
According to an IPS article on the report, "The study’s recommendations included an explicit prohibition of secret detention, and the keeping of clear detention records, even at times of armed conflict, as stipulated by the Geneva Convention on the treatment of prisoners of war." Both the report itself and its recommendations should be broadcast widely and well. I thank Andy Worthington for his tireless pursuit of the issue of prisoners held without legal standing, as his long reporting on Guantanamo demonstrates.



29 Comments

FYI: The other day, in an article on the acquittal of the anti-Guantanamo protesters in Washington, D.C., and the RCMP investigation of U.S. officials in the Maher Arar case, I noted the absence of the ACLU’s endorsement of Physician for Human Rights’ complaint to the Office of Human Research Protections on the CIA’s use of human experimentation as part of their torture program. A representative of the ACLU kindly reminded me that ACLU has been supportive of PHR’s report on Bush-era human experiments on torture, citing this article, as well as support for the PHR/New York Civil Liberties Union push for passage of New York State anti-torture bills.
I note this here because I know some of you were interested.
Jeff,
Thanks for the post. Hope it gets front paged. A timely post irt Torture Awareness Month. Hope many stop by the ACLU blog and catch the document a day postings.
Wonder if there could ever be an international movement to bring down secret prisons?
thanks Jeff.
And then Hillary etc have the cajones/chutpah/blatant arrogant nerve to bring up human rights abuses in Iran. What a f—ing joke. Except for those who have been tortured by U.S. soldiers, interrogators etc
Claims to be concerned about human rights abuses in Iran is being used like WMD’s in Iraq.
Thanks for highlighting this, Jeff.
The hypocrisy is true enough, though note the report has its section on Iran, too, which appears to have a “pattern of incommunicado detention of political prisoners in secret, or at least unofficial, detention facilities.”
Thanks for this and for all your hard work.
Great job! Small editing catch: sowing ill-will, not sewing…just trying to help…
Ack! I knew that looked wrong to me when I typed it last night. Unfortunately, I can’t access the post now to edit. Maybe one of the Seminal editors (Jim, are you out there?) can assist. In any case, I’ll certainly remember that piece of linguistic confusion on my part. At first I thought you were going to correct the word “swill” for “spill”, but I suppose it was obvious I intended the word usage in that case.
Thanks, bryker.
Interesting aspect for me is how easy it is to know about these execrable illegal practices (despite USG attempts to hide them) yet how little peeps care. Like torture. Yawn.
Thanks for keeping an eye on this, Jeff and for reminding us of Andy Worthington’s work as well.
I’m still having a hard believing the attempts to portray our prisons practice in Afghanistan as having improved.
That’s not quite the same as denying that their secret detention facilities existed on anyone else’s territory, is it?
Oh really. How about U.S. prison practices in the U.S. borders, with U.S. citizens, not even those accused of terrorism? Supermax worse than any gulag that Soviets were ever accused of? When will the last real person to leave the U.S. actually turn off the lights?
I thought we’d resolved it by turning the Bagram prison over to the Afghans…? Silly me…!
We’re Number One!… in per capita incarceration rates worldwide. WTF.
Well yes. Nice of you to put your finger on U.S. exceptionalism.
Well, of course we’re exceptional. Can’t have more than one world-dominant empire at the same time. That would just be silly.
Sad that half that population is from drug offenses…!
True dat. Especially U.S. think tanks would agree.
What was happening domestically in Rome at the parallel stage of their empire, I have been wondering today. Was there a middle class and did it have dissenting factions? Were there disappeared citizens? Was there this level of incarceration?
This is the UN experts reaction to the Obama detention questionnaire answers:
I think the other point is that this is about secret detention. Obama has said he means to hold known prisoners indefinitely without charge, and this is something the UN experts do not comment on because it is outside the scope of their inquiry.
I’ve lost my ability to believe anything this government says at this point. In the 1960s, we called this the “credibility gap”. Today, like traumatized individuals too afraid to call out the terrible guardian of today, for fear the seemingly worse bully of yesterday will return, the “left” or “liberals” or “progressives” or whatever we want to call such people (ourselves) act over and over as if surprised by the shallowness or cowardice or perfidy of the current administration, or just shut their eyes and ignore it altogether.
Obama has secret prisons?
Obama uses psychological torture via Appendix M?
Obama shits on Acorn?
Obama implements a world-wide Special Ops offensive, greater than Bush?
Obama fiddles while BP burns us?
Obama is okay with wireless wiretapping and expanding the state secrets privilege?
Obama cozies up to torturers and backs regimes based on electoral fraud?
Yes, but what can we do? Bush might come back………
God, how could I forget. Obama is for indefinite detention.
How quickly the outrageousness grows.
Jeb Bush this iteration…! With Caribou Barbie as Veep…!
The only good thing about that… incredible late night comedy. But at what a price!
it’s the monster mash… it goes like thashshsh. it’s the monstah mash an it goes like thattsss..
Sorry couldn’t come up with anything relavent, but I am seriously po’d about it.
The devils are getting ahead….
Hey, have you been banned from DKos yet? Be fun to post this and see how many of the Booster Clubbers screech at you for harshing their mellow. “Eeeek, he’s BACK! Quick, more pictures of Sasha and Bo, stat!”
Would it matter? If Bush (or actually, another Bush) came back, nothing would change. The same shit would continue apace. There is NO change from Bush Jr and Obama except in reading comprehension. Obama clearly was an incompetent Constitutional law professor. He was obviously a goddamned liar to his students…unless he taught that the Constitution is just a piece of paper and that security is more important than freedom.
Obama is a loser and I will be voting against him in 2012. There is virtually nothing at this point he can do to change this other than reverse 100%: the double-down in Afghanistan, the slow bleed in Iraq, torture, indefinite detention, state secrecy run amok, whistleblower persecution, blowing off labor, sucking dick of corporate execs and bankers.
If his GOP opponent is Palin, then I will vote for Nader (or equivalent). I will NOT vote for that traitorous (literally, not figuratively) piece of crap weakling.
Yeah…DKos has managed to chase Olbermann away because he had the temerity to nail Obama’s milquetoast oil speech in the oval office the other day.