Torture and Terror
23 March 2009, 11:55AM
© AP/PA Photo/Wally Santana.
Protecting the public from acts of terrorism does not mean that human rights values must be undermined.
In 2001, the world watched in horror as the World Trade Centre in the U.S. was attacked and 2 726 people tragically lost their lives1. The reaction to these horrific events was one of fear, confusion and anger. Unfortunately, this response only created an environment where human rights obligations were ignored and international human rights standards were and continue to be undermined. Whilst Amnesty International condemns such atrocities, Amnesty also believes that human rights values and integrities need not be compromised to achieve a peaceful and secure society.
Torture
In a response to the events of September 11, the Bush Administration as well as Government's around the world, passed a series of anti-terror laws which have impacted on people’s freedoms and dignities. The most concerning of these has been the authorisation and justification of cruel interrogation and detention methods which amount to torture and ill treatment. Such methods have included water-boarding, stress positions, total isolation and sensory deprivation, prolonged denial of rest and sleep etc. which are banned under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of which the U.S. and Australia have ratified2. Currently, there is a push by many human rights organisations, including Amnesty International, for the Obama administration to investigate claims of torture and abuse by those who have been detained by the U.S. and its allies and to prosecute those involved.
In a recently leaked International Committee of the Red Cross (ICRC) report, evidence of horrendous torture techniques is documented. The report provides graphic and deeply troubling details of the interrogation and treatment of fourteen 'high value detainees' who were held in black sites across the world. The report includes evidence that medical officers condoned and participated in the ill-treatment.
Extraordinary Rendition
Extraordinary rendition is the kidnapping and illegal transport of people suspected of being involved in terrorism related activities to countries which have a reputation for committing torture as part of the interrogation process3. Some of these countries include, Egypt, Syria and Jordon. In some cases, those kidnapped have ended up in Guantanamo Bay. Many countries have been complicit in this horrendous practice, including Australia4. People who are illegally detained as part of the rendition practice do not have access to lawyers or the court system. This remains problematic because detainees do not have access to a court system and therefore do not have the opportunity to establish their innocence.
Guantanamo Bay
In its seventh year of operation, the U.S. military base at Guantanamo Bay, Cuba now illegally detains around 240 men5. Guantanamo has also held children, who are now of adult age, and allegedly women6. Of the original 800, only three have been convicted under the Military Commissions System which does not comply with international fair trial standards7. Two men, Salim Hamdan and David Hicks have been ‘convicted’ in relation to made up charges under international law, namely, Providing Material Support for Terrorism; a charge widely criticised by human rights organisations and legal experts8. David Hicks was not ‘convicted’ by trial, but under plea bargain that included a provision in which he had to agree (amongst other things) that he was not ill-treated or tortured whilst in U.S. custody9. The third ‘convicted’ under the Military Commissions system was Ali Hamza al-Bahlul who refused to mount a defence in an attempt to boycott unfair proceedings. He remains in Guantanamo Bay serving a life sentence10. Allegations of torture and ill treatment continue to come from the current detainees, in fact, it has been reported that conditions have worsened since Obama’s inauguration. Read more about current conditions or recent developments at Guantanamo.
Afghanistan and Iraq
The people of Afghanistan and Iraq continue to remain the major casualties of the 'War on Terror', or "Overseas Contingency Operation" which the Obama Administration has now chosen to call it11. The numbers of civilian casualties will never be known as the lack of accountability and transparency of military operations continues to cause concern among human rights organisations. The impact of war on the women and children has been devastating. Many men and women have 'disappeared' and are held in secret prisons where torture and ill-treatment are the norm. President Obama has recently announced a troop surge to Afghanistan12. Peace still seems quite far from reach.
Australia's Response to Terrorism
Many political analysts have noted that Australia has always been a strong ally and staunch supporter of U.S. Foreign Policy13. In lieu of September 11, Australia joined the U.S. in passing anti-terror legislation which infringes on the basic human rights and freedoms of all Australians. Many freedoms which we take for granted have been attacked such as the right to a public hearing, freedom of expression, movement and association. The Clarke Inquiry was set up after the Dr Haneef scandal. It recommended a review of Australia's anti-terror legislation which Amnesty International welcomed.
The U.N Committee Against Torture has also raised concerns about Australia’s anti- terror legislation including incommunicado detention, and the use of preventative detention and control orders. Read the full U.N. report here. The report also raised the refusal of the Australian Government to investigate torture allegations of two Australian citizens, Mamdouh Habib and David Hicks, who have provided evidence of their ill-treatment in the hands of U.S. officials overseas14. In both cases, it has been alleged that Australian officials were complicit in the kidnapping, illegal detention, torture and/or ill treatment of both men.
The need for Human Rights protections has never been more important in this security driven climate.
References
Morbidity and Mortality Weekly Report: Center for Disease Control and Prevention. ’Deaths in World Trade Center Terrorist Attacks --- New York City, 2001’ Retrieved, 23rd March, 2001 from http://www.cdc.gov/mmwr/preview/mmwrhtml/mm51spa6.htm
See Office of the High Commissioner for Human Rights (OHCHR) website at http://www2.ohchr.org/english/bodies/ratification/9.htm
John T. Parry (2005) "The Shape of Modern Torture: Extraordinary Rendition and Ghost Detainees". MelbJIL:19.
Andrew Lynch & Nicola McGarrity (2008) "Disentangling the story of Mamdouh Habib". Australian Policy Online.
As at 19th March, 2009. JTF Guantanamo website. http://www.jtfgtmo.southcom.mil/about.html
Claim made by former Guantanamo detainee Mamdouh Habib. See http://news.smh.com.au/breaking-news-national/guantanamo-keeps-a-lot-of-secrets-habib-20090123-7otj.html
Amnesty International Press Release. USA: Amnesty International calls on US government to abandon military commissions"
ibid
Andy Worthington (2008) "Life sentence for al-Qaeda propagandist fails to justify Guantánamo trials"
Scott Wilson and Al Kamen (2009) 'Global War On Terror' Is Given New Name: Bush's Phrase Is Out, Pentagon Says"
Tom Baldwin (2009) "President Obama to bolster troop surge with civilian officials in radical strategy for Afghanistan"
Ben Eltham. "Rethinking Australian foreign policy in a post-Bush world.". 20th November, 2007.
Human Rights Law Resource Centre. "Australia's Failure to Investigate Torture"
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