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While Texas Dismisses Torture Charges Against James Mitchell, Other Investigations Under Political Pressures

6:16 pm in Torture by Jeff Kaye

Danny Robbins at Associated Press reported last Friday that the Texas State Board of Examiners dismissed a licensing complaint filed by a Texas psychologist against former SERE psychologist James Mitchell. Mitchell was accused of “violating the standards demanded by the Psychologists‘ Licensing Act and the Board‘s Rules of Practice” (PDF). Specifically, the complaint cited Mitchell’s role in the design and implementation of a torture program, “ignoring the complete lack of a scientific basis for the regime‘s safety and—assuming its safety—its effectiveness,” as well as his actual participation in the torture of prisoners such as Abu Zubaydah.

The complaint against Mitchell was filed on June 16, 2010, and was signed by Texas psychologist Jim L.H. Cox. Attorneys Dicky Grigg and Joseph Margulies were also signatories to the complaint. Grigg and Margulies have also represented Guantanamo prisoners before the government.

According to the AP story, “The board said there wasn’t enough evidence to prove Mitchell violated its rules,” despite the fact that “thousands of pages of evidence, including sworn testimony, tying Mitchell to practices that violate professional ethics” were presented to the board. It is not known if Mitchell utilized in his board defense any of the $5 million “indemnity” defense fund set up by the CIA for use in legal defense for Michell and his CIA contractor partner, Bruce Jessen.

The hearing was held on February 10. Proceedings were held in secret session, and only Mitchell and his representative were present before the three board members. No complainants were at the hearing. Two days later, the board issued its finding of dismissal. Strangely, no reports of the Texas board decision surfaced for another two weeks.

As AP notes, the Mitchell decision follows the dismissal of other cases brought before boards in New York, Ohio, and Louisiana, concerning other military psychologists, Major John Leso and Colonel Larry James. Late last year, the Center for Justice and Accountability and the New York ACLU filed asked a New York court “to order the New York Office of Professional Discipline (OPD) to perform its duty to investigate a complaint of professional misconduct against Dr. John Francis Leso, who, as asserted in the complaint, violated professional standards when he designed and participated in the abusive interrogation program at Guantánamo.”

Worldwide Actions to Hold the Torturers Accountable

The decision of the Texas state board also comes in the context of a number of legal actions worldwide to bring the Bush-era torturers to justice. Lawyers and international human rights activists and organizations continue to press for investigations and prosecutions of the torture of Abu Zubaydah and other “high-value” detainees held in CIA black site prisons around the world, or sent to foreign countries for torture as part of the U.S. “extraordinary rendition” program.

Most recently, the Spanish National Court announced it had the competent standing to proceed with the investigations into the torture of former Guantanamo prisoner Lahcen Ikassrien, since he had been a Spanish resident for 13 years. Center for Constitutional Rights said in regards to the decision:

Since the U.S. government has not only failed to investigate the illegal actions of its own officials and, according to diplomatic cables released by WikiLeaks, also sought to interfere in the Spanish judicial process and stop the case from proceeding, this will be the first real investigation of the U.S. torture program. This is a victory for accountability and a blow against impunity.

Meanwhile, in Poland, where the U.S. constructed one of the CIA black site prisons, authorities were stymied in their efforts to secure U.S. cooperation into their country’s investigation into the CIA activities at the black site near the Szymany air base in northern Poland. The Obama administration cited an international Agreement on Mutual Legal Assistance in Criminal Matters, whereby “a country has the right to refuse to provide legal assistance if the execution of the request would encroach on this country’s security or another interest of this country.” Requests for an investigation were forwarded by legal represenatives of former CIA prisoners Abu Zubaydah and Abd al-Rahim al-Nashiri.

In a direct rebuff to the United States, a Polish state prosecutor last January became “the first state official to accept Abu Zubaydah’s claims that he was a victim of extraordinary rendition and secret detention in Poland.” Zubaydah is being represented by Polish lawyer Bartlomiej Jankowski, who is working with the British human rights charities Interights and Reprieve, in addition to U.S. lawyers Joseph Margulies and Brent Mickum. Al-Nashiri was recognized as a “victim” of torture by Polish authorities last fall.

In Lithuania, where other black site prisons also operated, presumably near Vilnius, state authorities meanwhile have dropped investigations into torture, rendition and CIA activities. After initial support for an investigation of the prisons — one of them constructed at a former horse riding club — Prosecutor Darius Valys announced in January that the investigation was over. According to a report by Reprieve, Valys admitted “that three ex-security services agents had ‘abused their position’” but “oddly stopped short of addressing allegations of serious official crimes, including torture and illegal imprisonment.” In addition, the Lithuanian prosecutor made a pro forma nod to expired statutes of limitation, and also a bizarre charge that NGO “lack of transparency” had harmed the investigation.

Attorney Joseph Margulies replied, “The Prosecutor is trying to deflect blame for the failure of his investigation onto NGOs and the media. It’s ironic that an official investigation into a secret torture facility should claim to be thwarted because the media is insufficiently transparent.”

UK State Investigation Blasted by Human Rights Groups

A British government investigation into UK complicity with U.S. torture programs, announced last July after revelations in the UK court case on Binyam Mohamed, has met criticism from almost the beginning. In particular, the decision to have Sir Peter Gibson, the Intelligence Services Commissioner, responsible for monitoring secret bugging operations by MI5, MI6 and GCHQ (Britain’s version of the NSA), lead the investigation was questioned from the very start.

At this point, a number of British NGOs are so concerned that the inquiry, according to the UK Guardian,  “will fail to meet the UK’s obligations under international and domestic law,” that they are considering boycotting the proceedings. Nine of the NGOs – Amnesty International, Cageprisoners, JUSTICE, Liberty, the Medical Foundation for the Care of Victims of Torture, Redress, Reprieve, the AIRE Centre and British Irish Rights Watch — have written a letter to Gibson expressing their concerns.

The letter is substantive and detailed, and includes discussion of whether the inquiry as currently constituted can meet Article 3 (prohibition against torture) requirements of the European Convention on Human Rights and Fundamental Freedoms (ECHR) regarding promptness, independence, and thoroughness. In addition, the NGO signatories note the insufficiency of public scrutiny and victim participation, the lack of effective remedy and redress for victims, secrecy invoked over the material to be presented, and “the lack of any current powers to compel the production of documents or the attendance of witnesses.”

Another outstanding issue facing the inquiry concerns the last British resident in Guantanamo, Shaker Aamer. As Andy Worthington pointed out in an article on the torture inquiry, due to begin this coming week, Aamer “is still held despite being cleared for release by a military review board in 2007, when President Bush was still in power.” Aamer is the only British torture prisoner to directly claim “that British agents were in the room when he was tortured by US operatives in the US prison in Kandahar prior to his transfer to Guantánamo in February 2002.” Worthington notes that the British inquiry “cannot legitimately begin while he is still held,” as Aamer is a crucial witness as to UK participation, “whose testimony Sir Peter Gibson will need to hear if the inquiry is to have any credibility.”

What Is to Be Done?

It is perhaps unavoidable that the efforts to establish investigations and promote accountability have been led by attorneys and human rights activists (most of them attorneys, too, by the way). As a result, the movement for accountability appears to rise and fall based on the legal decisions of governments, administrative boards, military commissions, and non-U.S. governmental prosecutors. While these legal actions are necessary, and the lawyers and NGO personnel involved deserve our thanks, at the same time the anti-torture movement suffers from an over-reliance on legalism at the expense of social struggle to end the use of torture.

On the other end of the spectrum, groups that promote local activism to bring justice to torture victims or accountability to war criminals like John Yoo, tend to get lost in overly parochial approaches, which when they fail, as in the case of the defeat of a Berkeley, California measure to endorse resettling cleared Guantanamo detainees in that city, promote demoralization and/or endless rounds of campaigning, with little or no progress. While such activists also deserve praise for their efforts, behind the scenes they too express frustration over what course of action might bring greater success.

The underlying problem is political, and lies in a refusal to take on the legitimacy of the so-called “war on terror,” which the U.S. uses as an excuse for the extension of its power abroad in support of corporations that seek to extend their economic influence and power, and which are interpenetrated with the U.S. military and intelligence establishment in that effort. It is apposite to notice, too, the efforts of the government to interdict and obstruct the work of anti-government critics, as the recent revelations surrounding FBI abuse and HBGary make abundantly clear.

In addition, effective action means taking on the misleadership and perfidy of both political parties, both Democratic and Republican. The Obama administration’s refusal to investigate war crimes, and its implication in ongoing war crimes (abuse of prisoners, assassination, use of drones) has not seriously been challenged by the liberal establishment.

The issue of U.S. or British torture is not really separable from issues of war abroad and domestic crackdown on civil liberties at home. Nor is it separable from the economic policies of the United States, which under both political parties has favored the enrichment of a privileged class over the immiseration of large portions of the population.

Nothing demonstrates the bankruptcy of the current ruling elites than the use of torture and assassination. The fight against torture must mean a full political assault against the legitimacy of a state apparatus and its defenders, who use such horrific means as torture as a bulwark against those who they fear challenge their rule and privileges. It must also involve the full use of the social power of civil society (unions, churches, professional organizations), which thus far have remained wedded to leaderships that will not challenge the electoral mastery of a morally and politically bankrupt two-party system.

Judge Denies Guantánamo Prisoner’s Habeas Petition, Ignores Torture in Secret CIA Prisons

8:39 am in Uncategorized by Jeff Kaye

Cross-posted, with permission, from Andy Worthington’s blog

by Andy Worthington

On September 22, in the District Court in Washington D.C., Judge Reggie B. Walton denied the habeas corpus petition of Tawfiq al-Bihani (described in court documents as Toffiq al-Bihani), a Yemeni who was raised in Saudi Arabia, giving the government its 18th victory out of 56 cases decided, with the other 38 having been won by the prisoners.

However, as in the majority of the cases in which the prisoners have lost, there was nothing in the ruling that could be construed as representing the delivery of justice after the eight and a half years that al-Bihani has spent in US custody, as he has been consigned to indefinite detention in Guantánamo, on an apparently legal basis, despite the fact that there is no evidence that he ever took up arms against anyone, or had any contact with anyone involved in preparing, facilitating or supporting acts of international terrorism.

Moreover, in examining his habeas corpus petition, Judge Walton appeared to remain blissfully unaware that, despite being, at most, a lowly foot soldier, al-Bihani was held in a variety of secret CIA prisons in Afghanistan before his transfer to Guantánamo, where he was subjected to torture.

As revealed in the background to al-Bihani’s case, accepted by both al-Bihani and the government, he cut a depressing figure prior to traveling to Afghanistan in the summer of 2000. As Judge Walton explained, “During the time he resided in Saudi Arabia, the petitioner was abusing various drugs, including alcohol, marijuana, hashish, crystal methamphetamine, and depression pills,” Judge Walton also noted, “The petitioner began to ‘increase [his] intake of alcohol and drugs,’ when his fiancee ended their engagement due to her concerns that ‘she would fall out of grace with her father if she married a Yemeni against his wishes.’”

Apparently persuaded to travel to Afghanistan by his brother Mansour, described as “an experienced fighter who fought against the Russians in Chechnya,” and who “had close relationships with senior Chechen fighters and other individuals who were engaged in training men to fight in Chechnya and in other countries,” he traveled to Afghanistan with his brother, where, as Judge Walton concluded, he “received, at a minimum, weapons training” at the al-Farouq training camp, established by the Afghan warlord Abdul Rasul Sayyaf in the early 1990s, but associated with Osama bin Laden in the years before the 9/11 attacks, and also stayed in Afghan guest houses reportedly associated with al-Qaeda.

In authorizing al-Bihani’s ongoing detention, Judge Walton gave weight to al-Bihani’s admission that he “became, and was part of, al-Qaeda at least during the five months period he was training at al-Farouq,” even though he also noted that his training was far from rigorous. “Although he was enrolled at al-Farouq for approximately five months,” Judge Walton explained, “he only ‘received approximately two months of training,’ because he would train for approximately ‘a week or two weeks’ before feigning illness in order to leave and ‘do hashish or tobacco.’” Judge Walton added that al-Bihani “repeated this cycle several times,” and also explained, “Towards the end of his time at al-Farouq, the trainers at the camp informed him that he was ‘not ready physically because [he] keep[s] leaving and going back, — adding that the trainers reportedly “concluded that he was of ‘no use,’ and ‘they kick[ed him] out of the camp.’”

Personally, I find it troubling that an obviously drug-addled, inconsistent and unreliable recruit can nevertheless be regarded as “part of” al-Qaeda, as it tends to render meaningless the supposed threat posed by al-Qaeda if useless recruits can legitimately be held, even when, as with al-Bihani, they had no knowledge of international terrorism, and not even a demonstrable commitment to al-Qaeda’s military activities in Afghanistan.

Judge Walton, however, seemed unconcerned that there appeared to be no basis for concluding that al-Bihani had ever posed a threat to the United States. Proceeding to an explanation of how he was captured, he explained that, in late 2001, having become separated from his brother Mansour (who was “ill” and was transported to Quetta in “a tractor-trailer truck” for those “who appeared sick or injured”), al-Bihani traveled through Pakistan to Iran, “with a group of other men.” Near Zahedan, he was supposed to be reunited with his brother, and with Hamza al-Qa’eity, who ran a guest house in Kabul described by al-Bihani as “one that jihad fighters used as a transition point.” However, as Judge Walton explained, at “the exact time” that al-Qa’eity arrived to pick him up from the house of an Iranian family, where he was staying, the Iranian police — or intelligence services — “descended on the house and apprehended” him — and, presumably, Hamza al-Qa’eity as well.

The hidden story of ten men rendered from Iran to Afghanistan — including Tawfiq al-Bihani

As I mentioned in the introduction to this article, what Judge Walton appeared not to know — or ignored in his ruling — was the fact that, after al-Bihani was subsequently “flown to Afghanistan” and “transferred to United States custody,” he was held in a variety of secret CIA prisons.

This information is readily accessible, because I explained in my book The Guantánamo Files that al-Bihani was one of ten men seized in Iran who were flown to Afghanistan and then handed over to US forces. One of these men, Aminullah Tukhi, an Afghan released from Guantánamo in December 2007, explained that six Arabs, two Afghans, an Uzbek and a Tajik had been delivered to the Americans, and I was able to identify six of them — Tukhi, Tawfiq al-Bihani, Walid al-Qadasi, a Yemeni transferred to the custody of his home government in April 2004, Wassam al-Ourdoni, a Jordanian released in April 2004, Rafiq Alhami, a Tunisian released in Slovakia in January this year, and Hussein Almerfedi, a Yemeni who won his habeas petition in July this year. Unaccounted for are the other four men mentioned by Aminullah Tukhi — an Arab, an Afghan, the Uzbek and the Tajik — although it seems possible that one of the disappeared was Hamza al-Qa’eity.

Confirmation that al-Bihani was one of the men came from an unexpected source. Abu Yahya al-Libi, one of four prisoners who escaped from Bagram in July 2005, described, in a post on an obscure French language website, which has since disappeared from the Internet, 12 prisoners who were held with him in Bagram, one of whom was Tawfiq al-Bihani. He also explained how all the men had passed through a network of secret CIA prisons in Afghanistan, where they had endured “hard torture,” and added, in al-Bihani’s case, that he was captured in Iran at the start of 2002, that he had met him in June 2002 in a prison he identified as “Rissat 2,” and that he was taken to another prison in September 2002, after which he never saw him again, and thought that he may have been transferred to Guantánamo.

Al-Libi also explained that Tawfiq al-Bihani thought that his brother Ghaleb, who had also been in Afghanistan, had been killed, but that the Americans had told him that he had been captured — and it later emerged that this was correct. Ghaleb al-Bihani lost his habeas corpus petition in January 2009, on the basis that he was a cook for Arab forces supporting the Taliban, and also had his appeal denied in January this year, consigning him to the same form of court-approved indefinite detention as his brother.

The torture in secret CIA prisons of three men rendered from Iran to Afghanistan

The accounts of three of the men rendered from Iran to Afghanistan are publicly available, and they are, to be blunt, horrific. Al-Ourdoni, a missionary seized with his wife and new-born child, explained after his release that his American captors “put me in jail under circumstances that I can only recall with dread. I lived under unimaginable conditions that cannot be tolerated in a civilized society.” He said that he was first placed in an underground prison for 77 days, and stated, “this room was so dark that we couldn’t distinguish nights and days. There was no window, and we didn’t see the sun once during the whole time.” He added that he was then moved to “prison number three”, where the food was so bad that his weight dropped substantially, and was then held in Bagram for 40 days before being flown to Guantánamo.

In an interview with a UN rapporteur, Walid al-Qadasi provided the following explanation of his treatment, which, like al-Ourdoni’s account, was included in a major UN report on secret detention earlier this year:

He was held in a prison in Kabul. During US custody, officials cut his clothes with scissors, left him naked and took photos of him before giving him Afghan clothes to wear. They then handcuffed his hands behind his back, blindfolded him and started interrogating him. The apparently Egyptian interrogator, accusing him of belonging to al-Qaeda, threatened him with death. He was put in an underground cell measuring approximately two meters by three meters with very small windows. He shared the cell with ten inmates. They had to sleep in shifts due to lack of space and received food only once a day. He spent three months there without ever leaving the cell. After three months, Walid al-Qadasi was transferred to Bagram, where he was interrogated for one month.

In a lawsuit filed in April 2009, Rafiq Alhami stated that, for a year, he was held in three CIA “dark sites,” where “his presence and his existence were unknown to everyone except his United States detainers,” and where, at various times, he was “stripped naked, threatened with dogs, shackled in painful stress positions for hours, punched, kicked and exposed to extremes of heat and cold.” Moreover, at Guantánamo, he told a military review board that one of the prisons was the “Dark Prison” near Kabul, which I have previously described as “a medieval torture dungeon with the addition of ear-splittingly loud music and noise, which was pumped into the cells 24 hours a day,” based on accounts by prisoners who were held there, including the British resident Binyam Mohamed, who described his time there as “the worst days of his captivity” — worse than the 18 months in Morocco, where the CIA’s proxy torturers regularly sliced his genitals with a razorblade.

Alhami told his review board that he was tortured for three months in the “Dark Prison,” where, he said, “I was threatened. I was left out all night in the cold … I spent two months with no water, no shoes, in darkness and in the cold. There was darkness and loud music for two months. I was not allowed to pray … These things are documented. You have them.”

The torture of Tawfiq al-Bihani

However while Judge Walton may not have come across my book, or the inclusion of this information in the UN report on secret detention earlier this year, I can’t understand how he would not have known about al-Bihani’s treatment from his lawyer, George M. Clarke III, because, in the book The Guantánamo Lawyers: Inside a Prison, Outside the Law, published last year, Clarke reproduced a letter from al-Bihani in which he provided a detailed explanation of what had happened to him after he was delivered to Afghanistan from Iran.

In his letter, al-Bihani explained that he was initially held in a vile Afghan prison in Kabul, where he and the other prisoners from Iran were hidden from Red Cross representatives until one of their fellow prisoners informed them of their existence. His first encounters with US agents — he believes they were from the FBI — took place in this prison, and he described his first interrogation as follows:

I was handcuffed behind and they put a hood on my head so that I could not see anything. When I entered the interrogation room, the American guards pushed me down to the ground in a very savage manner. They started to cut my clothing with scissors. They undressed me completely and I was nude. They made me sit on a chair and it was very cold. I was also afraid and terrorized because the guards were aiming their weapons towards me. The interrogator put his personal gun on my forehead threatening to kill me.

Al-Bihani explained that he stayed in this prison for around ten weeks, and was then moved to another prison where he was held in solitary confinement for “approximately five months and ten days.” He added that the guards were Afghan, that they handed out “very bad treatment,” and that “The interrogation was also very savage.” He was then moved to a third prison, which appears to have been the “Dark Prison,” and en route US soldiers “started to hit me and strangle me, they would put a rope around my neck and I was about to die.” This is his description of the “Dark Prison”:

This was absolutely the worst prison. It was a very dark prison and there was no light, no bed or a carpet, the floor was semi cement. The restraints on my feet were very tight; they put me into a cell and kept me hanging tied to the wall for almost ten days. […]

The irritating music 24 hours a day was very loud and hard banging on the door. When I used to go for interrogations, I was unable to walk because of the restraints on my legs and tightness on my feet.  Would fall down to the ground and scream that I cannot walk. They would pick me up from the ground and I would walk with them while they were hitting me on the way to the interrogation until I would bleed from my feet. When I would fall to the ground, they would drag me while I am on the ground. Then they would bring me back to the cell and sprinkle cold water on me. Sometimes they would put a weapon on my head threatening to kill me using some provocative statements which I cannot mention in this letter.

After ten days, they brought me down from the hanging position and made me sit on the floor. Then they tied my hands upwards for approximately one month so that I could not lie down on the floor for comfort, therefore I was unable to sleep except for quarter of an hour every day.

After one month and ten days, they removed all my restraints, however I was unable to rest or sleep because of extreme hunger and cold and the loud irritating music and the banging on the door. I stayed in this prison for approximately two months and a half and I had no idea whether it is day or night as it was extremely dark and oppressive conditions.

After this, al-Bihani was moved to Bagram, where, he said, “the treatment was very bad there as well,” and was then flown to Guantánamo.

A bleak conclusion

Beyond a rather obvious question raised by the accounts above — did Tawfiq al-Bihani confess that he was “part of” al-Qaeda (when he so obviously wasn’t) because of the torture to which he was subjected in Afghanistan? — what this apparently overlooked torture account most vividly and balefully demonstrates is how effortlessly the torture of al-Bihani has become irrelevant to his case.

The exposure of torture has derailed other habeas petitions challenged by the government — in, for example, the cases of Mohamed Jawad and Fouad al-Rabiah (who were subsequently released), Farhi Saeed bin Mohammed, an Algerian who is still held, and, less successfully, in the cases of Saeed Hatim and Uthman Abdul Rahim Mohammed Uthman (whose successful petitions are being appealed by the government).

However, in Tawfiq al-Bihani’s case it is difficult to escape the conclusion that, even had Judge Walton known, or chosen to pay attention to these reports, it would not have fundamentally altered his conclusion that this failed recruit was sufficiently involved with al-Qaeda to justify his ongoing detention. That, as I concluded above, already demonstrates that the classification process for determining who may be legally detained is far too loose, but when evidence that al-Bihani was tortured in secret prisons is also removed from the picture, the end result is far bleaker.

Somewhere along the line, questions need to be raised not only regarding the justification for continuing to hold insignificant individuals at Guantánamo who never raised arms against anyone and were not involved in terrorism, but also regarding the ease with which detailed information about the torture of prisoners in a series of secret prisons run by the CIA can be so thoroughly ignored that Judge Walton failed to mention it at all.

ICRC Confirms Existence of Second Secret Prison at Bagram, BBC Reports Torture

8:42 am in Uncategorized by Jeff Kaye

Hilary Anderson at BBC has been following the Bagram prison story closely. Today, she reports that the International Committee of the Red Cross (ICRC) has confirmed the existence of a second prison site at Bagram. The presence of a second site has long been suspected, a prison the Afghans call Tor Prison, or the "Black" Prison.

The US military says the main prison, now called the Detention Facility in Parwan, is the only detention facility on the base.

However, it has said it will look into the abuse allegations made to the BBC.

The International Committee of the Red Cross (ICRC) said that since August 2009 US authorities have been notifying it of names of detained people in a separate structure at Bagram.

Obama Tortures, Too

Last month, BBC reported on conditions at the main Parwan facility. The scenes as described were right out of the iconography of Guantanamo. Prisoners in handcuffs and leg shackles, "moved around in wheelchairs" with blackout goggles and headphones "to block out all sound." This was the treatment for a prison population that even the U.S. military admits is far and away not made up of serious terrorists. Meanwhile, the number held at Bagram has swelled to approximately 800 prisoners.

But we don’t know how many are in the other, "the Black Hole." We don’t know because the U.S. still insists that no second prison exists. Prisoners held at Tor, according to investigations by BBC, are tossed into cold concrete cells, where the light is kept on 24 hours. Noise machines fill their cells with constant sound, and prisoners are sleep deprived as a matter of policy, with each cell monitored by a camera, so the authorities will know when someone is falling asleep and come to wake them.

Prisoners are beaten and abused. According to BBC’s article last month, one prisoner was "made to dance to music by American soldiers every time he wanted to use the toilet."

Both the Washington Post and the New York Times reported late last year on conditions at the black-site prison, believed to be run by U.S. Joint Special Operations Command (JSOC). Each of these reports noted that prisoners were subjected to abuse. One prisoner, a 42-year-old farmer named Hamidullah told the New York Times about his stay in the Tor prison, June through October 2009:

I can’t remember the number of days I spent there because it’s hard to tell days from nights in the black jail, but I think every day they came twice to ask questions.

They took me to their own room to ask the questions. They beat up other people in the black jail, but not me. But the problem was that they didn’t let me sleep. There was shouting noise so you couldn’t sleep….

The black jail was the most dangerous and fearful place. It is a place where everybody is afraid. In the black jail, they can do anything to detainees.

Together with the BBC investigation and the ICRC confirmation, we can see that the military is lying through their teeth when they claim there is no second Bagram facility, or that no abuse takes place at Bagram. (For more on Bagram and the issue of indefinite detention, see this recent diary by Jim White.)

The presence of sleep deprivation, sensory deprivation, brutality, isolation and the like at the U.S. prison complex has not been a matter of protest among U.S. progressives, many of whom still support the administration of President Barack Obama. Many liberals have been in denial over the poor record of President Obama on the issue of torture and detention policies. The President began his administration with a big series of presidential orders that supposedly ended the Bush administration’s policy of torturing prisoners, and shut down the CIA’s black site prisons.

But as we know now, not all the black site prisons were shut down. Nor was the torture ended. Whether it’s beatings and forced-feedings at Guantanamo, or the kinds of torture described at Bagram, it’s obvious that torture has not been rooted out of U.S. military-intelligence operations. In fact, by way of the Obama administration’s recent approval of the Bush-era Army Field Manual on interrogations, with its infamous Appendix M, which allows for much of the kind of torture practiced at Bagram, the White House has institutionalized a level of torture that was introduced by the previous administration, but which has been studied and devised over the last fifty or sixty years.

Furthermore, in a June 2009 Air Force document reported on last July, it was noted that the personnel responsible for some of the torture program deriving from the SERE schools were still allowed "psychological oversight of battlefield interrogation and detention." Are SERE psychologists involved in the Special Operations at torture at Tor and Parwan? Given the close relationship between SERE’s parent group, the Joint Personnel Recovery Agency, and JSOC, I think there’s a high possibility of just such involvement.

A question hangs heavily over the U.S. political scene: how long will denial exist among liberals and progressives over the persistence of an aggressive military policy and the concomitant crimes against humanity that come with it? How long will the supporters of Barack Obama maintain their studied indifference to the crimes against humanity done in their name? The shine is off this new president, and underneath it all we can discern the same old game of lies covering for crimes. Enough is enough.