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http://www.guardian.co.uk/comment/story/0,,1390096,00.html

A global gulag to hide the war on terror's dirty secrets
Bush is now thinking of building jails abroad to hold suspects for life

Jonathan Steele
Friday January 14, 2005
The Guardian

The promise of imminent release for four British detainees held at the
notorious US prison at Guantánamo Bay is obviously welcome, but it is only
a tiny exception in the surge of bad news from the Bush team on the human
rights front. The first few days of the new year have produced two
shocking exposures already.

One is the revelation that the administration sees the US not just as a
self-appointed global policeman, but also as the world's prison warder. It
is thinking of building jails in foreign countries, mainly ones with grim
human rights records, to which it can secretly transfer detainees
(unconvicted by any court) for the rest of their lives - a kind of global
gulag beyond the scrutiny of the International Committee of the Red Cross,
or any other independent observers or lawyers.

The other horror is the light shone on the views of Alberto Gonzales, the
White House nominee to be the chief law officer, the attorney general. At
his Senate confirmation hearings last week he was revealed to be a man who
not only refuses to rule out torture under any circumstances but also, in
his capacity as White House counsel over the past few years, chaired
several meetings at which specific interrogation techniques were
discussed. As Edward Kennedy pointed out, and Gonzales did not deny, they
included the threat of burial alive and water-boarding, under which the
detainee is strapped to a board, forcibly pushed under water, wrapped in a
wet towel, and made to believe he could drown.

Since its establishment after 9/11, the US camp for foreigners at
Guantánamo Bay has become a beacon of unfreedom, a kind of grisly
competitor to the Statue of Liberty in the shopfront of authentic American
images. The trickle of releases of prisoners from its cages has brought
direct testimony of the horrors which go on there. So it is no wonder that
the Bush administration would like to find less visible places to hold
prisoners, and keep them there for ever so that they cannot tell the
world.

The Guantánamo prisoners are held by the department of defence, but under
the new scheme most foreign detainees are expected to be in the hands of
the CIA, which submits to less congressional scrutiny and offers the Red
Cross no access. They include hundreds of people who have been arrested in
recent weeks in Falluja and other Iraqi cities.

According to the Washington Post, which broke the story last week, one
proposal is to have the US build new prisons in Afghanistan, Saudi Arabia
and Yemen. Officials of those countries would run the prisons, and would
have to allow the state department to "monitor human rights compliance".

It is a laughable proposition, since the whole purpose of the exercise is
to minimise scrutiny. CIA agents would have the right to question the
detainees, with or without the aid of foreign interrogators, as they
already do at other off-limits prisons at Bagram air base in Afghanistan,
on ships at sea, in Jordan and Egypt, and at Diego Garcia.

The US policy of lending detainees to other countries' jailers and
torturers, known as "rendition", began during the "war on drugs" as a way
of arresting alleged Latin American narco-barons and softening them up for
trial in the US. It has expanded enormously under the "war on terror". As
one CIA officer told the Washington Post, "the whole idea has become a
corruption of renditions. It's not rendering to justice. It's kidnapping."

He could have added that it's kidnapping for life. A senior US official
told the New York Times last week that three-quarters of the 550 prisoners
at Guantánamo Bay no longer have any intelligence of value. But they will
not be released out of concern that they pose a continuing threat to the
US. "You're basically keeping them off the battlefield, and, unfortunately
in the war on terrorism, the battlefield is everywhere," he said.

Since the attack on Falluja, the US holds 325 non-Iraqis in custody, many
of them Syrians and Saudis. Questioned by the Senate's judiciary
committee, Gonzales said that the justice depart ment believes that
non-Iraqis captured in Iraq are not protected by the Geneva conventions,
which prevent prisoners being transferred out of the country in which they
are held.

It was revealed last year that Donald Rumsfeld, the US defence secretary,
had approved the secret holding of "ghost detainees" in Iraq. They were
kept off the registers that were shown to the Red Cross and therefore lost
the chance of being visited or having other rights. Now many new prisoners
will be candidates for a deeper category of invisibility by being sent for
detention in secret locations abroad.

While making bland statements during his Senate appearance that he found
torture abhorrent, Gonzales gave no clear assurances that its practice
would stop. As White House counsel he approved an administration
memorandum against torture in August 2002 which was so narrow that it
appeared to define it only as treatment that led to "dying under torment".
In other words, if a victim survived, he could not have been tortured.

The memo also claimed that torture only occurs when the intent is to cause
pain. If pain is intentionally used to gain information or a confession,
that is not torture. Thanks to this narrow definition of what is
forbidden, US officials have been systematically using inhumane treatment
on prisoners - far beyond the few so-called bad apples exposed by the
photographs from Abu Ghraib - while saying it did not amount to torture.

A few days before Gonzales's Senate hearings, the justice department
hastily rewrote the memo so that a wider category of techniques are
defined as torture, and thereby prohibited. But at the hearings Gonzales
refused to give a clear negative answer to the question whether, in his
view, American troops or interrogators could legally engage in torture
under any circumstances.

One of the glories of the hearings was the appearance of Douglas Johnson,
director of the Centre for Victims of Torture. He argued that the new memo
fails to give clear guidance on what the appropriate standards for
interrogation and detention are. He also pointed out that torture does not
yield reliable information and corrupts its perpetrators.

Psychological torture was more damaging than physical torture, he said.
Interviews with victims show that depression and recurrent nightmares
decades later more often relate to memories of mock executions (of the
"water-boarding" type) and scenarios of humiliation than to actual
physical abuse.

That these points might have impressed the man Bush wants to have as
America's top law officer is not to be expected. Nor does anyone in
Washington expect the Senate to refuse to confirm him for the job. Happy
New War on Terror 2005.

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