Showing posts with label Detention. Show all posts
Showing posts with label Detention. Show all posts

19 November 2008

Ritmo : Inhumane Texas Detention Center Should be a Crime. Cheney or No Cheney.

Federal detention center in Raymondville, Texas.


'Willacy County is home to the largest of a new generation of detention camps where thousands of undocumented immigrants live in massive tents with poor food, non-existent health care, facing months if not years deprived of their basic liberty.'
By Will Bunch / November 19, 2008
"I call it 'Ritmo' -- like Gitmo, but it's in Raymondville," said Jodi Goodwin, an immigration lawyer from nearby Harlingen.

Washington Post, Feb. 2, 2007
OK, first of all, the bad news. Dick Cheney is not going to jail, not any time soon, at least, and not because of the bizarre report that the vice president of the United States has been indicted in a small, obscure county deep in the heart of South Texas in a scandal over federal prison and detention abuses there. Aside from the obvious fact that a Willacy County, Texas, grand jury lacks authority over federal actions, the indictment of Cheney, former Attorney General Alberto Gonzales and other is not even signed by a judge, and the result of a wacky -- controversial wouldn't do the man justice -- renegade lame duck DA.

It's almost not even worth noting that Cheney's alleged tie -- investing his millions in Vanguard mutual funds that are major owners of publicly traded federal prison contractors -- is weak beyond belief; by the grand jury's reasoning, one could surmise that others with Vanguard 401K plans (example: journalists at the Philadelphia Daily News and Inquirer!) could be charged as well.

That's a shame, because a) as noted here many times, Cheney's role in authorizing torture and other unlawful practices in the Bush administration deserves a real criminal probe and b) the strange false-alarm over this vice presidential indictment will probably obscure the fact that what has been taking place in Raymondville, Texas, during Bush and Cheney's time in office is a crime -- maybe statutory, maybe not, but definitely a moral one.

Willacy County, scene of today's indictments, is also home to the largest of a new generation of detention camps where thousands of undocumented immigrants -- the vast majority of whom have committed no crime other than seeking America's promise of a new life, without proper papers -- are now detained in conditions that could be described ironically as hot, flat, and crowded -- living in massive tents with poor food, non-existent health care and facing months if not years deprived of their basic liberty.

It wasn't always that way. For years, American policy was to catch and release undocumented immigrants, but that all changed with the GOP's politically charged crackdown on illegal immigration, which led in 2005 to a new policy of detaining undocumented non-Mexicans until they receive a deportation hearing and are usually booted from the country. The new policy meant doling out millions to politically connected prison firms and contractors (including the formerly Cheney-run Hallibuton) to hastily build these detention centers, including $65 million for the one in poverty-stricken Willacy County, some 260 miles south of Austin, that isn't even a structure but, as most simply call it, "Tent City."

Remember, these immigrants -- the majority at "Ritmo" hail from El Salvador, torn apart by years of civil strife -- have committed no crime beyond seeking to enter America without paperwork, and yet the Willacy County facility is in many ways quite simply a prison, like Gitmo, stark and surrounded by barbed wire. Here's how "Tent City" was described by the American Civil Liberties Union:
The Willacy County Detention Facility is the largest immigration detention facility in the country. The facility is made up of ten large tents, each of which is designed to house 200 people. The tents are windowless and lights are on around-the-clock, making it difficult to sleep. No partitions exist to separate the showers, toilets, sinks, and eating areas, and detainees report that they are occasionally forced to eat with their hands because no utensils are provided.
The Washington Post article fills in more details:
Because lights are on around the clock, a visitor finds many occupants buried in their blankets throughout the day. The stillness and torpor of the pod's communal room, where 50 to 60 people dwell, are noticeable.

Goodwin described a group of women who huddled in a recreation yard on a recent 40-degree day with a 25-mph wind. "They had no blanket, no sweat shirt, no jacket," she said. "Officers were wearing earmuffs, and detainees were outside for an hour with short-sleeved polyester uniforms and shower shoes and not necessarily socks."

Perhaps more troubling, lawyers said, large numbers of immigrants have been transferred from Boston, New York, New Jersey and Florida, far from their families and lawyers. Because some immigration judges do not permit hearings by teleconference, detainees are essentially deprived of counsel.
There have been other problems inside "Tent City" -- mealworms were found inside some of the food there last year, for example, and another study found a stunning lack of available healthcare at Willacy -- but by now you probably get the idea. In many ways, this immigrant detention program is a metaphor for what we've seen time and time again during the Cheney-Bush years, a rushed and ill-conceived federal action (despite the harsh impact on those captured, the program's effect on solving the undocumented immigration problem is fairly minimal) that's meant big bucks for a few connected contractors, with little or no thought toward its degrading impact on real human beings, or on how America is perceived by the rest of the world.

Now, a nation that famously asked for the world's tired, poor, hungry and sick is taking refugees from a war-torn and poverty stricken corner of our own continent, and making them more hungry and depriving them of sleep before sending then away. How sad. That's not just an indictment of Dick Cheney, though. That's an indictment for all of us who allowed a harsh tent city called "Ritmo" to rise on our watch.

Source / Philly.com

Also see Cheney and Gonzales Indicted in Texas : Abuse of Federal Prisoners / The Rag Blog / Nov. 18, 2008

Thanks to S. M. Welhelm / The Rag Blog

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31 August 2008

The Pursuit of Justice for Those Still Languishing in Guantanamo: Binyam Mohamed

Jackie Chase (left) of Brighton’s Save Omar campaign, with a picture of Binyam Mohamed, and Andy Worthington (right).

London's High Court Strikes a Blow at CIA: Shining a Light on the Dark Prison
By Andy Worthington / August 30, 2008

In the lawless world of Guantánamo -- and the United States’ even murkier network of secret prisons run by or on behalf of the CIA -- it has taken six years and four months for British resident Binyam Mohamed to secure anything resembling justice.

Seized in Pakistan in April 2002, Binyam was rendered to Morocco three months later, where he was tortured on behalf of the US for 18 months, in sessions that regularly included having his genitals cut with a razor, and was then held for nine months in Afghanistan, first at the “Dark Prison,” a secret prison run by the CIA, where he was also tortured, and then at Bagram airbase. He has been held at Guantánamo since September 2004.

When justice finally came for Binyam, it was not at Guantánamo, but in London’s High Court, where, last Thursday, Lord Justice Thomas and Mr. Justice Lloyd Jones delivered a stinging rebuke to both the British and the American governments: to the British for the complicity of the UK intelligence services in the US administration’s post-9/11 policies of “extraordinary rendition” and torture, and to the Americans for the lawless conduct of the trials by Military Commission that were established in the wake of the 9/11 attacks to deal with “terror suspects” like Binyam (even though the judges professed in their ruling that they “did not consider it necessary to form any view about the overall fairness of the Military Commissions procedure”).

The road to the High Court opened up in May this year, when Binyam’s lawyers at the legal action charity Reprieve, who represent over 30 Guantánamo prisoners, teamed up with solicitors at Leigh Day & Co. to sue the British government, seeking the release of information relating to British knowledge of Binyam’s rendition and torture, in preparation for his impending trial at Guantánamo.

In the event, this was prescient, as charges were leveled against Binyam on May 28, in connection with the spectral “dirty bomb” plot that was dropped years ago against US citizen Jose Padilla. It was, therefore, imperative that potentially exculpatory evidence -- which the British possessed, and which they had also handed over to the Americans -- was made available to his lawyers so that they could begin preparing a defense, and, preferably, discover evidence of torture, which would back up Binyam’s claims that the charges against him were based solely on confessions obtained through torture, and would, therefore, make the US administration call off his forthcoming trial.

It was an indication of how far removed the Military Commissions are from legal norms that, although Binyam’s lawyers contended that he had been tortured, and had discovered the records of “extraordinary rendition” flights that matched his accounts, the US administration had not only provided no information to enable them to defend him, but had also categorically refused to account for his whereabouts before his arrival at Bagram.

Whatever information they and the British possessed would, it was stated, be made available to Binyam’s military defense lawyer, Lt. Col. Yvonne Bradley, at the discovery stage, should his trial go ahead, but as the trial of Salim Hamdan demonstrated last month, some evidence was withheld from the defense until the last possible moment, and other evidence -- relating, for example, to coercive interrogations of Hamdan conducted by the CIA in Afghanistan -- was ruled off-limits by the military judge presiding over the trial, and was, essentially, regarded as though it didn’t exist at all.

In Binyam’s case, his lawyers sued the British government after an earlier attempt to secure potentially exculpatory evidence from the British government was turned down, when the Treasury Solicitors, acting on behalf of the government, attempted to brush aside British complicity in Binyam’s rendition, torture and false confessions by claiming that “the UK is under no obligation under international law to assist foreign courts and tribunals in assuring that torture evidence is not admitted,” and adding that “it is HM Government’s position that … evidence held by the UK Government that US and Moroccan authorities engaged in torture or rendition cannot be obtained” by his British lawyers.

Last Thursday, following a judicial review in the High Court that was triggered when Binyam’s lawyers sued the government, Lord Justice Thomas and Mr. Justice Lloyd Jones demolished the government’s defense of its actions in a 75-page judgment (PDF).

The judges made clear that, after Binyam was captured and US agents came to regard him as “a serious potential threat to the security of the United Kingdom,” the British intelligence services had “every reason to seek to obtain as much intelligence from him as was possible in accordance with the rule of law and to cooperate as fully as possible with the United States authorities to that end.” They concluded, however, that the actions of the intelligence services from May 2002, when a British agent visited Binyam in US-supervised Pakistani custody, until February 2003, when the British last received information from the US regarding his interrogations, had placed the British government in a position where it “was involved, however innocently, in the alleged wrongdoing,” which it had helped facilitate.

Regarding Binyam’s time in Pakistan, where the British agent who visited him on May 17, 2002 made it clear that the British government “would not help [him] unless he cooperated fully with the US authorities,” the judges ruled that Binyam’s detention was “unlawful” under Pakistani law, because he “was being detained by the United States incommunicado and without access to a lawyer.” Furthermore, the judges noted that the British intelligence services “provided further information to the United States and further questions to be asked of BM [Binyam]” for nine months after this visit, even though he “was still incommunicado and they must also have appreciated that he was not in a United States facility and that the facility in which he was being detained was that of a foreign government (other than Afghanistan).”

The judges noted that all of the above was particularly significant because the information obtained from Binyam was “sought to be used as a confession in a trial where the charges … are very serious and may carry the death penalty,” and that it is “a long-standing principle of the common law that confessions obtained by torture or cruel, inhuman or degrading treatment cannot be used as evidence in any trial.” They therefore ruled that “by seeking to interview BM in the circumstances found and supplying information and questions for his interviews, the relationship between the United Kingdom Government and the United States authorities went far beyond that of a bystander or witness to the alleged wrongdoing.”

The gravity of this was brought home during the judicial review, when the agent who had interviewed Binyam in Pakistan was cross-examined for several days in closed sessions that were clearly so perilous for the agent, in terms of potential criminal liability for war crimes under the International Criminal Court Act of 2001, that he brought his own legal adviser with him, and, it was revealed in the judgment, initially refused to answer the judges’ questions, fearing self-incrimination. This, of course, is in marked contrast to the position held by the US administration, which has refused to sign up to the International Criminal Court, and which, in addition, maintains that it “does not torture” and continues to do all in its power to deny that it has been responsible for gross human rights abuses.

In the second part of their ruling, the judges took as their starting point an admission by British Foreign Secretary David Miliband, which took place “after the commencement of this application but before the hearing,” that he had “identified documents which he considers could be considered exculpatory or might otherwise be relevant in the context of the proceedings before the Military Commission.” After stating that David Miliband had informed Binyam’s lawyers and had “provided these documents to the United States Government,” the judges added, “It is a matter of regret that the documents have not been made available in the proceedings under the Military Commissions Act in confidence to BM’s lawyers, who have security clearance from the United States authorities to at least secret level.”

This was not the judges’ only thinly-veiled criticism of the behavior of the US authorities, but it was for three specific reasons that they proceeded to rule that the Foreign Secretary was “under a duty” to disclose “in confidence” to Binyam’s legal advisers the requested information, which was “not only necessary but essential for his defense”: firstly, because the Foreign Secretary had not made the documents available to Binyam’s lawyers; secondly, because the US authorities had also refused to do so; and thirdly, because the Foreign Secretary had accepted that Binyam had “established an arguable case” that, until his transfer to Guantánamo, “he was subject to cruel, inhuman and degrading treatment by or on behalf of the United States,” and was also “subject to torture during such detention by or on behalf of the United States.”

Having demolished the cases put forward by both the British and American governments, the judges nevertheless held out a lifeline for the Foreign Secretary, pointing out that they would “make no order for the provision of the information” until he “had an opportunity to consider the interests of national security in the light of these judgments,” and set a date for a second hearing on Wednesday August 27.

On the day, what was initially regarded as a straightforward hearing for the Foreign Secretary to announce his response to the judges’ ruling turned into another long session as the government responded to the security concerns mentioned by the judges by filing a Public Interest Immunity (PII) Certificate seeking to suppress disclosure of the documents on the grounds of national security, and the US State Department attempted to strike a deal through correspondence with the Foreign and Commonwealth Office (FCO).

John Bellinger, the State Department’s Legal Adviser, claimed that public disclosure of the documents was “likely to result in serious damage to US national security and could harm existing intelligence information-sharing arrangements between our two governments.” His only concession to the judges’ ruling was to note that the Office of the Chief Prosecutor in the Office of Military Commissions had agreed to provide the British intelligence documents (44 in total) to the Commissions’ Convening Authority, Susan Crawford, if she requested them, “subject only to the condition that the names of American and British government officials and the locations of intelligence facilities will be redacted from the documents prior to their being provided.” He added that, if Binyam’s trial were to go ahead, the redacted documents would be made available to his military lawyer at the “normal discovery phase” of the process.

In a separate email to the FCO, Stephen Mathias, one of John Bellinger’s deputies, offered a further concession “by way of update,” in which he stated that the Legal Adviser had now decided to present the documents to Susan Crawford, without waiting for her to ask for them. Describing this as “a significant development,” Stephen Mathias proceeded to claim, with a degree of force that appeared rather intimidating, “Ordering the disclosure of US intelligence information now would have only the marginal effects of serious and lasting damage to the US-UK intelligence sharing relationship, and thus the national security of the United Kingdom, and of aggressive and unprecedented intervention in the apparently functioning adjudicatory processes of a longtime ally of the United Kingdom, in contravention of well established principles of international comity.”

As Ben Jaffey (for Binyam) argued in court, neither the State Department’s “carefully calibrated concessions” nor the British government’s claim of Public Interest Immunity were tenable. He pointed out, as the judges did in their ruling, that the case did not involve public disclosure of the documents, but only the confidential disclosure to Binyam’s lawyers, Lt. Col. Yvonne Bradley and Clive Stafford Smith, Reprieve’s Director, who both have US security clearance. He added that the supposed concessions demonstrated merely that the US government was determined to find any method possible to prevent disclosure, and added that nothing offered by the State Department addressed the “central question” relating to Binyam’s rendition and torture. “Where,” he asked, “was Mr. Mohamed between 2002 and 2004?”

Ben Jaffey was equally dismissive of the British government’s PII claims, noting, in particular, that David Miliband had effectively conceded that the British government was going to hand over the intelligence documents to Binyam’s lawyers until the State Department intervened, and calmly dismissing the government’s national security claims. His composure was in marked contrast to that of the government’s representative, Tim Eicke, who struggled to maintain a coherent argument, despite the best efforts of the many representatives of the government and the intelligence services at the back of the court, who kept slipping him notes suggesting new twists on the spurious national security case.

On Friday, the judges delivered their second judgment on Binyam’s case (PDF). Noting that the correspondence from the State Department effected a “significant change” in the US position, they nevertheless refused to accept the British government’s position regarding its Public Interest Immunity Certificate. They were, it seemed, convinced in particular by submissions from the Special Advocates who represented Binyam in the various sessions of the court that were closed to the public when confidential material was being discussed. In the opinion of the Special Advocates, the PII Certificate, and other proposals presented in a closed session on Wednesday, “failed to address, in the light of allegations made by BM, the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment.”

Adding that this issue was something whose significance had been “accepted on behalf of the Foreign Secretary,” the judges proceeded to note that the Foreign Secretary “nevertheless contended that the issues arising out of BM’s allegations of torture and cruel, inhuman or degrading treatment were implicitly dealt with in his Certificate,” and in the documentation used in the closed session. “Having carefully considered this matter,” the judges wrote, “we do not consider that the issue arising out of the allegations made by BM is implicitly dealt with in these documents.”

Refusing to push the matter further, the judges commended the Foreign Secretary and the FCO’s Legal Adviser, Daniel Bethlehem QC, for having “gone to very considerable lengths to provide BM with assistance,” noting that it was “evident” that they had “been engaged in lengthy discussions which have led to the important changes” summarized in the second judgment. “This,” they added, “has been time-consuming and burdensome, and has rendered very real assistance to the interests of justice in this case.”

As a result, the judges concluded their second judgment by giving the Foreign Secretary another week to come up with a response to their initial ruling and the developments since. They suggested that this could be in the form of another security certificate, although I hope, of course, that, having been thrown another lifeline, the government might find it preferable, bearing in mind the Special Advocates’ description of “the abhorrence and condemnation accorded to torture and cruel, inhuman or degrading treatment,” either to give Binyam’s lawyers what they require, or, preferably, to convince the US administration that, in order to keep the door to the torture chambers firmly shut, the only available course of action is to drop the charges against Binyam and return him to the UK.

Andy Worthington is a British historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (published by Pluto Press). Visit his website at: http://www.andyworthington.co.uk/. He can be reached at: andy@andyworthington.co.uk.

Source / CounterPunch

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12 August 2008

Do No Harm : The Complicity of Psychologists in Cheney-Bush Torture Program

Psychologist protesting APA complicity in torture in 2007.

APA pressured to take a stand...

'Psychologists have been identified as key figures in the design and conduct of abuses against detainees in US custody'

by Meteor Blades / August 12, 2008
Unlike the people in Stalin’s Soviet Union, no U.S. official risked disappearing into the prison for dissent. Senior State Department and Defense Department official, field commanders, intelligence and FBI officers, and frontline soldiers dissented. They were usually ignored. A few were threatened with administrative sanctions; a few were reassigned; a few requested reassignment. The possibility of dissent makes the silence and complicity of senior and frontline medical personnel in the abuse and neglect of prisoners that much more inexplicable and inexcusable.

Dr. Steven H. Miles, M.D., Oath Betrayed: Torture, Medical Complicity, and the War on Terror
Despite Dr. Miles’s book, despite Jane Mayer’s The Dark Side, despite reports such as the Physicians for Human Rights' Broken Laws, Broken Lives: Medical Evidence of US Torture and its Impact, Americans still don't have anywhere near a full picture of what happened after the Cheney-Bush administration decided to spit on the Geneva Conventions, redefine and fine-tune torture and treat human beings like the inferior creatures it thought them to be.

What we do know is horrible enough. Most horrible of all is knowing that medical personnel and psychologists violated the most basic ethics of their professions – Do No Harm – by participating in and helping to design "enhanced" interrogations designed to break prisoners. Some did break. Some were killed. This systematic torture focused on sensory and sleep deprivation, overstimulation, and dependency creation. Massive amounts of pain and fear were also included. For their part, psychologists "reverse-engineered" the military's Survival, Evasion, Resistance, Escape (SERE) program – designed to help American soldiers and marines resist torture – as a means to teach interrogators how to employ torture against captives.

Let me repeat that. Training established to help American prisoners of war cope with, or at least anticipate, their captors' efforts to break them down was "reverse-engineered" as a means to break down prisoners at Guantánamo and "black sites" run by the CIA or military intelligence operations in Europe, Asia, North Africa and the island of Diego Garcia in the Indian Ocean.

Talk about becoming the enemy.

We also know that, even after the supposed banning of some measures that had been previously approved by the Secretary of Defense, these techniques continued at the detention center at Guantánamo Bay Naval Base, and probably other prisons, even while the Inspector General was putting a seal of approval on the whole affair.

As Josh White wrote in the Washington Post last Friday:
At least 17 detainees held at Guantanamo Bay were subjected to a program that moved them repeatedly from cell to cell to cause sleep deprivation and disorientation as punishment and to soften detainees for subsequent interrogation, according to U.S. military documents.

Defense Department investigations of abuse had previously revealed that the program was used in a limited manner and only on high-value detainees, but the documents indicate that the program was far more widespread and that the technique was still used months after it was banned at the facility in March 2004. Detainees were moved dozens of times in just days and sometimes more than a hundred times over a two-week period.

Military police logs for cell blocks at Guantanamo Bay, Cuba, show that guards used the program -- dubbed the "frequent flyer" program in official documents -- on numerous detainees and noted the program in their 2003 and 2004 records. The logs, reviewed by The Washington Post, also indicate that the frequent cell movements took place on the same days a Navy admiral was visiting Guantanamo to assess possible detainee abuses.
The Defense Department claims the program stopped in 2004. A spokesperson told White that all prisoners are treated humanely.

Cough, cough.

"Frequent flyers." Think about the kind of mentality that not only designs torture methods but turns them into a joke.

Twenty-four-year-old Mohammed Jawad, who will soon go on trial by military tribunal for trying to kill U.S. forces in Afghanistan with a grenade, has sought to have all the charges against him dropped because of abuse he suffered, including that caused by frequent moves.

Air Force Maj. David Frakt, Jawad's lawyer, said the newly revealed records demonstrate that:
"...no one actually knows the full scope of the abuses at Guantanamo" and that "all of these allegedly comprehensive investigations were whitewashes."

"This is only the tip of the iceberg," Frakt said. "This program was approved at the highest levels. ... It suggests that people had simply lost their ability to distinguish right from wrong."
With all due respect to the major, that puts the best face on it. Because among those engaged in vetting, monitoring and carrying out this program approved at the highest levels were some of the very people we count on to help us distinguish right from wrong. In some cases, they evaluated the status of a prisoner and informed interrogators that he was good for another round or two of "questioning."

This must stop, wrote psychoanalyst Stephen Soldz in a Sunday Boston Globe Op-Ed, Ending the psychological mind games on detainees:
Psychologists have been identified as key figures in the design and conduct of abuses against detainees in US custody at Guantanamo, the CIA's secret "black sites," and in Iraq and Afghanistan. Psychologists should not be taking part in such practices.

Yet a steady stream of revelations from government documents, journalistic reports, and congressional hearings has revealed that psychologists designed the CIA's "enhanced interrogation" techniques – which included locking prisoners in tiny cages in the fetal position, throwing them against the wall head first, prolonged nakedness, sexual humiliation, and waterboarding.

Jane Mayer ... reports that the central idea was the psychological concept of "learned helplessness." Individuals are denied all control over their world, lose their will and become totally dependent upon their captors.
What angers Soldz and hundreds of other professional psychologists and psychoanalysts is that their organization, the American Psychological Association, has taken an official position that the presence of psychologists makes detainees safer at interrogations. That view, Soldz declares every chance he gets, is ludicrous. In fact, the policy enables the torturers.

At the Chronicle of Higher Education, David Glenn writes that, according to Mayer's book:
...Martin E.P. Seligman, a professor of psychology at the University of Pennsylvania and a former president of the psychology association, accepted a CIA invitation to lecture at a naval training center about his theories of "learned helplessness."

Mr. Seligman's widely respected research suggests that when people and animals are traumatized at random intervals, they tend to give up: They stop seeking to rationally help themselves, and they stop responding to ordinary incentives.

Mr. Seligman insists that his 2002 lecture was intended only to help train U.S. soldiers to resist torture if they are captured. But in his 50-person audience that day were Bruce Jessen and James Elmer Mitchell, psychologists who operate a consulting firm that helped the CIA develop interrogation techniques that some critics have called abusive. According to Ms. Mayer's book, Mr. Mitchell has long been fascinated by learned-helplessness theory. (Through a lawyer, Mr. Mitchell denied to Ms. Mayer that his CIA interrogation techniques were inspired by Mr. Seligman's work.)

Few people in the psychology association believe that Mr. Seligman consciously assisted in the development of detainee abuses. But many say that the association needs to make a more thorough public accounting of how the work of Mr. Seligman and other prominent members may have been misused by government agencies.
Soldz, and four other authors addressed the Seligman matter at some length in the July 23 issue of Dissident Voice:
This history, along with the current, well-documented authorizations for detainee abuse, should have provided sufficient warning to APA leaders and to individual psychologists about the moral risks in aiding the national security apparatus, especially under the present U.S. administration. But the APA has not taken the lead in helping psychologists confront these dangerous ethical situations. To the contrary, the APA has been insensitive to the use of psychological techniques in torture and to the role of psychologists in aiding that torture. This insensitivity itself has shocked many psychologists here and abroad.
So, for the second year in a row, the issue of torture and illegal detention will be a hot one at the APA's annual convention, which begins Thursday in Boston. Soldz will be on hand for a protest. In addition to rejecting the APA's position on torture and interrogations, the protesters will be backing the candidacy of Dr. Steven Reisner for the presidency of the organization as well as the "Aye" vote on a referendum that would reinforce the first principle of the APA ethics code: "Psychologists strive to benefit those with whom they work and take care to do no harm."

Reisner, a psychoanalyst, is a senior faculty member and supervisor at the International Trauma Studies Program, an adjunct professor of Psychology and Education at Columbia University, and a consultant to the United Nations on stress and trauma. He is a leader of Psychologists for an Ethical Psychology, and, with Soldz and others, a leading critic of the APA's position. In April, the mail-in nominating procedure for the APA presidency gave Reisner the most votes (more than 30%) of any of the five candidates who will compete with each other for the post in October,

The mail-in referendum has tough opposition. It states:
Be it resolved that psychologists may not work in settings where persons are held outside of, or in violation of, either International Law (e.g., the UN Convention Against Torture and the Geneva Conventions) or the US Constitution (where appropriate), unless they are working directly for the persons being detained or for an independent third party working to protect human rights.
You can read the entire resolution with all its whereases, pro and con statements and pro and con rebuttals here.

For the past few years, the APA bureaucracy and a good piece of the membership has played a game of on-the-one-hand/on-the-other-hand regarding the role of psychologists and psychoanalysts in the kinds of interrogations brought to us by Donald Rumsfeld and other outlaws in the current administration.

There's just one problem with the APA's hemming and hawing approach: Torture is not a nuanced issue.

Source / Daily Kos

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30 July 2008

Prisons : Why Texas Still Holds 'Em


Forget oil and gold. In the Lone Star state, the boomtown business is locking up immigrants.
By Stephanie Mencimer

This article appears in the July/August issue of Mother Jones.
In 1997, with the private prison business booming, the Corrections Corporation of America picked a 64-acre plot near Austin, Texas, for its newest lockup. A medium-security prison, it was named after the company's cofounder and designed for some 500 federal inmates. But the anticipated stream of prisoners never arrived: By the time the T. Don Hutto Correctional Center opened, a glut of private prison beds, along with cca's own poor track record, had left the company nearly bankrupt. Its stock, which once traded at around $45 a share, bottomed out at 18 cents. Several of its facilities were shuttered or sat empty for years, including the Hutto prison, which cca moved to close in 2004.

But Hutto, like cca itself, has risen from the ashes thanks to a sudden source of new business: the Bush administration's crackdown on immigrants. Historically, Mexicans caught illegally entering the country have been dumped back across the border, while immigrants and asylum seekers from other countries were processed and released to await their court dates. (Only those with criminal records were detained.) Most of those released, though, failed to appear for court hearings and removal proceedings, and the government didn't have the resources to go looking for them. So in 2006, the Immigration and Customs Enforcement (ice) agency ended its traditional "catch and release" policy and instead started incarcerating non-Mexican immigrants—anyone from a Salvadoran migrant to an Iraqi family seeking political asylum—pending their deportation or asylum hearings. Over the two years since, the agency has increased its use of detention facilities by more than half; it now holds some 30,000 people on any given day.

In this new population—and in ice's $1 billion-plus detention budget—cca saw opportunity. In 2004, when Congress passed legislation authorizing ice to triple the number of immigrant detention beds, cca's lobbying expenditures reached $3 million; since then, it has spent an additional $7 million on lobbyists. Among them was Philip Perry, Vice President Dick Cheney's son-in-law, who later became general counsel at the Department of Homeland Security, ice's parent organization, which has awarded cca millions in contracts; one of them, in 2006, allowed the company to reopen the old Hutto prison, now christened a "residential facility" housing immigrant families, including small children.

CCA isn't the only firm lining up for ice contracts: There's so much money to be made warehousing immigrants that in 2006, Cornell Companies, a private prison firm, sent the state of Oklahoma an eviction notice for more than 800 state inmates housed in its facility in Hinton. The company was negotiating with ice to take in immigrants for more than the roughly $45 per diem that Oklahoma paid.

State and local governments are also getting in on the action. In 2006, Willacy County, Texas, floated millions in bonds and, in 90 days, built a tent city for immigrants that it leases to ice for $78 a day per detainee. (A room at the local Best Western Executive Inn costs $65.) Run by the Utah-based Management and Training Corporation, a private prison management company, the camp houses up to 2,000 immigrants in a razor-wire-ringed compound holding 10 Kevlar tents of the sort used by troops in Iraq. Detainees have reported problems with heat and air conditioning, as well as maggot-infested food. The county has since approved another $50 million to add space for 1,000 more detainees.

Elsewhere, detention centers have been sued for providing inadequate health care, food services, and education. The aclu of Texas recently settled a lawsuit with ice over the conditions at Hutto for 26 children ages 1 to 17. According to the aclu, they were kept in cells 11 or 12 hours a day, forced to wear prison garb, fed "unrecognizable substances, mostly starches," and denied toys, bathroom privacy, and access to medical care.

According to the Washington Post, more than 80 people have died in ice detention, in many cases because of poor health care. The most famous case is that of Francisco Castaneda, a Salvadoran detained in San Diego for eight months. The government denied his request for a penile biopsy while in detention, arguing that it was an "elective outpatient procedure." He was eventually found to have cancer. His penis was amputated, but the malignancy spread, and he died last year.

On average, ice pays $95 a day per immigrant that it detains, yet research indicates that other, far cheaper, methods can work almost as well in making sure immigrants show up in court. Back in the late 1990s, the agency asked the nonprofit Vera Institute of Justice to run a pilot project under which people facing deportation got intensive supervision and connections to social service agencies. More than 90 percent appeared for their hearings—partly, the institute said, thanks to better information about the process. Intensive supervision costs an average of $14 per detainee per day, according to congressional testimony by Julie Myers, assistant secretary of Homeland Security. Yet in fiscal 2007, ice spent only about $44 million on alternative programs, compared with roughly $1.2 billion on detention—and legislation sponsored last year by representatives Heath Schuler (D-N.C.) and Tom Tancredo (R-Colo.) in the House would authorize the agency to develop another 8,000 detention beds, which must be provided by private contractors such as cca "whenever possible."

CCA, meanwhile, is contributing to the detention boom in its own small way: Last year, after inspecting the Hutto center's personnel records, ice officials arrested 10 workers—illegal immigrants themselves.

Source / Mother Jones

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