http://www.nytimes.com/2006/02/26/opinion/26sun1.html?_r=1&th&emc=th&oref=slogin

A Judicial Green Light for Torture
NY Times Lead Editorial: February 26, 2006
The administration's tendency to dodge accountability for lawless actions by
resorting to secrecy and claims of national security is on sharp display in
the case of a Syrian-born Canadian, Maher Arar, who spent months under
torture because of United States action. A federal trial judge in Brooklyn
has refused to stand up to the executive branch, in a decision that is both
chilling and ripe for prompt overturning.

Mr. Arar, a 35-year-old software engineer whose case has been detailed in a
pair of columns by Bob Herbert, was detained at Kennedy Airport in 2002
while on his way home from a family vacation. He was held in solitary
confinement in a Brooklyn detention center and interrogated without proper
access to legal counsel. Finally, he was shipped off to a Syrian prison.
There, he was held for 10 months in an underground rat-infested dungeon and
brutally tortured because officials suspected that he was a member of Al
Qaeda. All this was part of a morally and legally unsupportable United
States practice known as "extraordinary rendition," in which the federal
government outsources interrogations to regimes known to use torture and
lacking fundamental human rights protections.

The maltreatment of Mr. Arar would be reprehensible - and illegal under the
United States Constitution and applicable treaties - even had the suspicions
of terrorist involvement proven true. But no link to any terrorist
organization or activity emerged, which is why the Syrians eventually
released him. Mr. Arar then sued for damages.

The judge in the case, David Trager of Federal District Court in Brooklyn,
did not dispute that United States officials had reason to know that Mr.
Arar faced a likelihood of torture in Syria. But he took the rare step of
blocking the lawsuit entirely, saying that the use of torture in rendition
cases is a foreign policy question not appropriate for court review, and
that going forward would mean disclosing state secrets.

It is hard to see why resolving Mr. Arar's case would necessitate the
revelation of privileged material. Moreover, as the Supreme Court made clear
in a pair of 2004 decisions rebuking the government for its policies of
holding foreign terrorism suspects in an indefinite legal limbo in
Guantánamo and elsewhere, even during the war on terror, the government's
actions are subject to court review and must adhere to the rule of law.

With the Bush administration claiming imperial powers to detain, spy on and
even torture people, and the Republican Congress stuck largely in enabling
mode, the role of judges in checking executive branch excesses becomes all
the more crucial. If the courts collapse when confronted with spurious
government claims about the needs of national security, so will basic
American liberties.

***

Bush in India: Just Not Welcome

By Arundhati Roy

February 27, 2006, The Nation

http://www.thenation.com/doc/20060313/roy

On his triumphalist tour of India and Pakistan, where he
hopes to wave imperiously at people he considers potential
subjects, President Bush has an itinerary that's getting
curiouser and curiouser.

For Bush's March 2 pit stop in New Delhi, the Indian
government tried very hard to have him address our
parliament. A not inconsequential number of MPs threatened to
heckle him, so Plan One was hastily shelved. Plan Two was to
have Bush address the masses from the ramparts of the
magnificent Red Fort, where the Indian prime minister
traditionally delivers his Independence Day address. But the
Red Fort, surrounded as it is by the predominantly Muslim
population of Old Delhi, was considered a security nightmare.
So now we're into Plan Three: President George Bush speaks
from Purana Qila, the Old Fort.

Ironic, isn't it, that the only safe public space for a man
who has recently been so enthusiastic about India's modernity
should be a crumbling medieval fort?

Since the Purana Qila also houses the Delhi zoo, George
Bush's audience will be a few hundred caged animals and an
approved list of caged human beings, who in India go under
the category of "eminent persons." They're mostly rich folk
who live in our poor country like captive animals,
incarcerated by their own wealth, locked and barred in their
gilded cages, protecting themselves from the threat of the
vulgar and unruly multitudes whom they have systematically
dispossessed over the centuries.

So what's going to happen to George W. Bush? Will the
gorillas cheer him on? Will the gibbons curl their lips? Will
the brow-antlered deer sneer? Will the chimps make rude
noises? Will the owls hoot? Will the lions yawn and the
giraffes bat their beautiful eyelashes? Will the crocs
recognize a kindred soul? Will the quails give thanks that
Bush isn't traveling with Dick Cheney, his hunting partner
with the notoriously bad aim? Will the CEOs agree?

Oh, and on March 2, Bush will be taken to visit Gandhi's
memorial in Rajghat. He's by no means the only war criminal
who has been invited by the Indian government to lay flowers
at Rajghat. (Only recently we had the Burmese dictator
General Than Shwe, no shrinking violet himself.) But when
Bush places flowers on that famous slab of highly polished
stone, millions of Indians will wince. It will be as though
he has poured a pint of blood on the memory of Gandhi.

We really would prefer that he didn't.

It is not in our power to stop Bush's visit. It is in our
power to protest it, and we will. The government, the police
and the corporate press will do everything they can to
minimize the extent of our outrage. Nothing the happy
newspapers say can change the fact that all over India, from
the biggest cities to the smallest villages, in public places
and private homes, George W. Bush, the President of the
United States of America, world nightmare incarnate, is just
not welcome.

[Arundhati Roy, the Booker Prize-winning author of 'The God of
Small Things' and 'The Ordinary Person's Guide to Empire',
lives in New Delhi, India.]

© 2006 The Nation

***

Ed - This should be an outstanding show. Sasan is always really,
really informative and insightful and there are some good Intl
Women's Day/peace/resistance calendar items below, too.

Sherna


RADIO INTIFADA
Voices from Kolkota to Casablanca
Voices of Struggle, Voices for Change
Thursday, March 2, 2006, 3 to 4pm
KPFK 90.7 fm and streaming live at kpfk.org

"Iran's Nuclear Project: Repeating the Iraqi WMD Script?"

Radio Intifada host Afshin Matin will interview two leading experts on the
international campaign led by the Bush administration to threaten Iran with
sanctions and military strikes to stop that country's alleged nuclear
weapons project.  But is there evidence of Iran making WMDs, or do we see a
repeat of the scenario that led to Iraqi sanctions and invasion?

Guests:
Professor Sasan Fayazmanesh, California State University Fresno's Iran
expert
Dr. James Gordon Prather, nuclear weapons physicist and US government
consultant

The guests will also answer calls from Radio Intifada listeners.

Brought to you by SWANA (South and West Asia and North Africa) Collective of
KPFK

SWANA CALENDAR - International Women's Day Events
Malalai Joya, one of  the youngest and most popular members of the  new
Afghan parliament. She is also one of the most vocal critics of  the
US-backed warlords that now dominate Afghanistan. She has been threatened
many times and has survived 4 assassination attempts.  Malalai Joya will be
visiting the US for the first time since her election to the parliament and
will be kicking off a nationwide tour in Los Angeles at the following
events:

Monday, March 6 7-10-pm
Immanuel Presbyterian Church (Westminister Chapel), 663 S. Berendo St, Los
Angeles

Tuesday, March 7, noon  - at Pasadena, CA - California Institute of
Technology, Avery Hall
information:  www.afghanwomensmission.org. Or call 626-676-7884

Wednesday, March 8,  5-7pm  Int'l Women's Day at Orange Circle
A Women's Call for Peace! (all men and children welcome too!)
Traffic Circle, Old Towne Orange (at the Intersection of Chapman Ave. &
Glassell St. off the 22 and 55 Freeways)
This event will be held in solidarity with other major women's rallies
worldwide on March 8th!

Saturday, March 11 International Women's Day Celebration
Women's Resistance Through Art and Culture
featuring Samia Halaby, artist, activist and Made in Palestine Exhibitor
(keynote speaker)
Suheir Hammad, Palestinian-American poet and political activist
Hanna Al-Wardi, Iraqi-American multi-media studio artist
and Natasha Attala + Al-Juzoor Dabke Troupe
Sponsored by Palestinian-American Women's Association of Southern California
(PAWA)

Holiday Inn Select
14299 Firestone Blvd.
La Mirada, CA 90638

Reception: 6:00pm, Arabic Dinner: 7:00pm
Tickets $50, Students  $35
For more information and to purchase your tickets contact:
714-305-7120 or 949-369-6510, 909-861-8645

website: www.pawasca.org
email: [EMAIL PROTECTED]








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