see also:

http://snipurl.com/6g8j
Iraqi Says He Is Prisoner in Photo

Saleh blames his arrest on a misunderstanding and bad luck.  He went to
the Iraqi police to report a suspicious vehicle. He was carrying a large
amount of cash, which he planned to use to buy furniture for his wedding.
Once they discovered the cash, the police got suspicious of him and turned
him over to the Americans.

[...]

Saleh said the torture at the hands of the Americans began seven days
after he arrived at the prison, when Graner put a bag on his head and tied
his hands in the back.  "He pulled me by the back of the neck and started
hitting me with an iron bar," he said. "Then he threw me into a room. 
Saleh asked a fellow prisoner, whose hands were also tied behind his back,
to lift his hood with his shoulder.  "I quickly told him to put the hood
back on," Saleh said. "I became hysterical. I couldn't believe what I saw.
Everyone was naked in the room. I never saw such a thing under Saddam."

[snip]

---------

Fairness & Accuray In Reporting
Media analysis, critiques and activism

http://www.fair.org/activism/times-torture.html

ACTION ALERT:
"Harsh Methods" Aren't Torture, Says the NY Times

May 14, 2004

The New York Times, revealing the interrogation techniques the CIA is
using against Al-Qaeda suspects, seemed unable to find a source who would
call torture by its proper name.

The May 13 article, headlined "Harsh CIA Methods Cited in Top Qaeda
Interrogation," described "coercive interrogation methods" endorsed by the
CIA and the Justice Department, including hooding, food and light
deprivation, withholding medications, and "a technique known as 'water
boarding,' in which a prisoner is strapped down, forcibly pushed under
water and made to believe he might drown."

The article took pains to explain why, according to U.S. officials, such
techniques do not constitute torture: "Defenders of the operation said the
methods stopped short of torture, did not violate American anti-torture
statutes, and were necessary to fight a war against a nebulous enemy whose
strength and intentions could only be gleaned by extracting information
from often uncooperative detainees."

The article seemed to accept that the techniques described are something
other than torture: "The tactics simulate torture, but officials say they
are supposed to stop short of serious injury." The implication is that
only interrogation methods that cause serious physical harm would be real
and not simulated torture.

The article quoted no one who said that the CIA methods described were, in
fact, torture. Yet it would have been easy to find human rights experts
who would describe them as such. The website of Human Rights Watch
(www.hrw.org) reports that "the prohibition against torture under
international law applies to many measures," including "near drowning
through submersion in water." Amnesty International U.S.A.
(www.amnestyusa.org) names "submersion into water almost to the point of
suffocation" as a form of torture, and emphasizes that torture "can be
psychological, including threats, deceit, humiliation, insults, sleep
deprivation, blindfolding, isolation, mock executions...and the
withholding of medication or personal items."

The article did quote the Geneva Conventions' prohibition against
"violence to life and person, in particular...cruel treatment and torture"
and "outrages upon personal dignity, in particular, humiliating and
degrading treatment." But it did not quote the definition of "torture"
under international law, contained in the 1984 Convention Against Torture,
which makes it clear that psychological as well as physical methods of
coercion are prohibited. According to the Convention, "torture" is:

"any act by which severe pain or suffering, whether physical or mental, is
intentionally inflicted on a person for such purposes as obtaining from
him or a third person information or a confession, punishing him for an
act he or a third person has committed or is suspected of having
committed, or intimidating or coercing him or a third person, or for any
reason based on discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or acquiescence
of a public official or other person acting in an official capacity."
Noting the Convention's reference to "consent or acquiescence" would have
been helpful in evaluating the claims made by officials in the article
that the U.S. can skirt prohibitions on torture if detainees are formally
in the custody of another country. In fact, the Convention Against
Torture, which the U.S. signed in 1994, explicitly prohibits sending a
person anywhere "where there are substantial grounds for believing that he
would be in danger of being subjected to torture."

If the Times had included independent human rights or international law
experts in the article, this information could have been available to
readers. Even talking to military sources could have produced a more
straightforward account of what kind of interrogation is prohibited by
international law; the Wall Street Journal (5/13/04), in an article about
Iraq prison tactics published the same day as the Times piece, quoted a
former Marine judge who admitted that "there's no getting around it, we
have ignored provisions of the Geneva Convention in favor of gathering
intelligence."

In fact, the Times might have looked back to its own archives on the
subject to find critics of U.S. detention policies. Some of the
information included in the May 13, 2004 article was first reported on
March 9, 2003-- except the original story quoted Holly Burkhalter of
Physicians for Human Rights, who decried the lack of a "specific policy
that eschews torture." It also noted critics' assertion that "transferring
Qaeda suspects to countries where torture is believed common-- like Egypt,
Jordan and Saudi Arabia-- violates American law and the 1984 international
convention against torture, which bans such transfers."

While the article did impart important information about the tactics being
used by American agents to interrogate terrorist suspects, it's also
critical to know whether these methods violate international or domestic
law. By relying solely on administration officials to define what torture
is and what the U.S. government's legal obligations are, the New York
Times failed to provide the context necessary for readers to make an
informed judgment.

-------------------------------

ACTION: Please ask the New York Times ombudsman to remind editors that
experts on human rights and international law should have been included in
the Times' May 13 report on CIA interrogation methods.

CONTACT:
New York Times
Daniel Okrent, Public Editor
[EMAIL PROTECTED]
Phone: (212) 556-7652

Toll free comment line: 1-888-NYT-NEWS

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