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Inside the New Print Edition of Our Subscriber-Only Newsletter!

The New Campus McCarthyism

There’s a McCarthyite campaign in full spate across higher education in the U.S. today.  For every headline case, like Norman Finkelstein or Joseph Massad, there are three or four less-publicized smear campaigns. In the sights of the witch-hunters are faculty targeted as “anti-Israel”, as terror-symps, as leftists. In our latest newsletter we feature the personal history of Victoria Fontan, a Frenchwoman who came to a US campus from field work in the back alleys of Fallujah and found out just how devastating academic warfare can be.  ALSO --  Saving the Florida Everglades – Alan Farago reports from the battlefront. PLUS -- They aimed at Moscow, They Hit Kabul:  Serge Halimi on Sarkozy and  NATO’s Mission Creep. Get your new edition today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and gear make great presents.

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Today's Stories

April 3-5, 2009

Kathy Kelly /
Brian Terrall
Getting a Closer Look at the Killer Drones

April 2, 2009

Robert Weissman
What If Obama Had Treated Detroit Like Wall Street?

Eric Toussaint /
Damien Millet

A G20 Meeting for Naught

George Bisharat
Israel's Impunity Must End

Russell Mokhiber
Something is Rotten at PBS

Franklin Lamb
Has Washington Lost Lebanon?

Gareth Porter
Settling Scores in Iraq: Maliki Draws US Troops into Crackdown on Sunni Rivals

David Macaray
Obama and the Ruling Class: "Only the Little People Pay Taxes"

Chris Genovali
B.C.'s Bloody Grizzly Hunt

Sam Smith
The Politics of Adulation

Suzan Mazur
Is Neo-Darwinism Dead?

Website of the Day
Fighting for Change in St. Louis

 

April 1, 2009

Chris Floyd
Surging Further Into the Afghan Abyss

Stanley Heller
Israeli War Crimes: Thank God, It Was Only Rumors

Mark Brenner, Mischa Gaus and Jane Slaughter Obama's Perilous Plan for Detroit: Restructure the Big 3, But Not With Bankruptcy

Jonathan Cook
The Slow Demise of Ehud Olmert

Eric Walberg
EU in Tatters: Only the Protesters Have Any Vision

Richard Morse
Why Haiti Can't Forget Its Past

Don Fitz
Guess Who Came to Dinner with a Match? Green Mayoral Candidate's Van Firebombed in St. Louis

Laray Polk
Texas and Evolution

Belén Fernández
12 Años de Soledad?

Harvey Wasserman
Cracking the Media Silence on Three Mile Island

Website of the Day
Pentagon Fraud Investigations Fell, While Contracts Soared

March 31, 2009

Uri Avnery
The Deception Tango

Peter Lee
Ghosts in the Machine: the World's Hottest Cyberwar Battlefield

Nicholas Dearden
A New Global Debt Crisis

Dave Lindorff
The Obama Betrayal

Joanne Mariner
"We'll Make You See Death"

Ron Jacobs
Obama's Pakistan Gambit

Wiliam S. Lind
Another Lost War

David Michael Green
Who Says the GOP Doesn't Have a Plan?

Benjamin Dangl
Beyond Elections in the Americas

Johnny Barber
Meditation in Orange

Dedrick Muhammad
Economic Inequality: the Foundation of the Racial Divide

Website of the Day
How the Obama Dems Took Over the Peace Movement

March 30, 2009

Michael Hudson
Financing the Empire: Do US Face G20 Mutiny?

Patrick Cockburn
What Next in Afghanistan?

Henry A. Giroux
Hard Lessons

Mike Whitney
Where's Eliot Spitzer Now That We Need Him?

Ralph Nader
Where's All the Money Coming From?

Paul Craig Roberts
Obama's War on the (Upper) Middle Class

Jeremy Scahill
The Logistical Nightmare in Iraq

Robert Bryce
The Cellulosic Ethanol Delusion

Jonathan Cook
Remembering Land Day in Palestine

Ray McGovern
Obama Bombs

Website of the Day
Hersh: Syria Calling

March 27-29, 2009

Alexander Cockburn
Obama's Fall Guy

Arno J. Mayer
Too Big to Fail?

Michael Hudson
How the Scam Works

José Pertierra
Gesture for Gesture: How to Free the Cuban Five

Andy Worthington
A Letter to Obama From a Guantánamo Uighur

Mike Whitney
Geithner's Hog Wallow

Winslow T. Wheeler
What Does an F-22 Cost?

Souad N. Al-Azzawi
Iraq: Let the Numbers Speak for Themselves

Dave Lindorff
A Financial History Lesson

Ian Masters
The Zombie Presidency

Barbara Rose Johnston
Water Culture Wars

Jami Tarn
Smearing Tristan Anderson

Diane Farsetta
The Nuclear Industry Targets Wisconsin

David Ker Thomson Against Democracy

Ramzy Baroud
Netanyahu and the Future of the Peace Process

Rannie Amiri
Saudi Shiites' One-Word Demand

Wajahat Ali
Writer as Fighter: the Genius of Ishmael Reed

Nick Egnatz
Whatever Happened to the Fierce Urgency of Now?

Gregory A. Burris
The Insolents Abroad: a Defense of Iceland

Missy Beattie
This Land

Stephen Martin
The Broken Stone of Corporatism

Charles R. Larson
Obama, Smoking and Me

David Yearsley
How They Built Bach's Face (Is the Bard Next?)

Ben Sonnenberg
Won't You Please Get Thee Behind Me? Buñuel's Simon of the Desert

Kim Nicolini
The Mafia Without Moralizing: Garrone's Gomorrah

Lorenzo Wolff
Pat Boone Syndrome

Poets' Basement
Four Poems by Paulann Petersen

Website of the Weekend
Ann Coulter: a Portrait by Ben Tripp

 

March 26, 2009

Paul Craig Roberts
Is the Bail Out Breeding a Bigger Crisis?

Sharon Smith
Another Blow to Labor ... from the Democrats

Neve Gordon
Avigdor Lieberman, Israel's Shame

Patrick Madden
Why the Geithner Plan Will Fail

Gareth Porter
The Big Con on Iraq

Dave Lindorff
Why Do We Need a Health Insurance Industry?

Hannah Safran
The Israeli Resistance: "Ready to be Traitors"

Keith Newell
Will the Cellphone Please Take the Stand?

Todd Chretien
Behind the Green Collar

Nelson P. Valdés
When It Comes to Cuba and the Media Anything Goes

Website of the Day
G20 Meltdown

 

 

March 25, 2009

Robin Blackburn
Media Revolution or Mirage?

Conn Hallinan
Europe in Crisis

David Rosen
Sexting: a First Amendment Challenge for Obama

Jonathan Cook
Turkey's Fallout with Israel Deals Blow to Settlers

Dean Baker
Billions More for Failed Banks

Ron Jacobs
Karzai on a String

Russell Mokhiber
Corporate Liberals vs. Single-Payer

David Macaray
Slice and Dice on Card Check

Dave Lindorff
Geithner's Power Grab

Sarah Knopp
LA Teacher's Sit-In Over Layoffs

Website of the Day
How to Create an Animal Rights "Terrorist"

 

March 24, 2009

Robert Sandels
Obama and Cuba: Real Change or Minor Tweaks?

Harvey Wasserman
People Died at Three Mile Island

Franklin Lamb
Who Tried to Kill Palestinian Ambassador Abass Zaki and Why?

Michael Donnelly
Obama's Team of Losers

Norman Solomon
Denial and Evasion on Afghanistan

Elizabeth Schulte
The Stark Facts About Violence Against Women

John Goekler
The Most Dangerous Person in the World?

Nicole Colson
Is Justice Finally in Sight for Sami Al-Arian?

Global Balkans
NATO's 78-Day Bombing of Yugoslavia: Ten Years On

William S. Lind
Cat-and-Mouse Off Hainan Island

Website of the Day
Video: IDF Fired on Medics in Gaza

 

March 23, 2009

M. Shahid Alam
Capitalism From the Standpoint of Its Victims

Uri Avnery
Israel's Most Revolting Law?

Mike Whitney
Zombie Economics: Judgment Day for Geithner

Ralph Nader
Bush the Teacher

Brian Cloughley
Tilting at Afghan Windmills

Dave Lindorff
Toxic Bailouts

Amira Hass
The Rules of Engagement in Gaza: Open Fire on Rescuers

Chris Irwin
When Nonprofit Groups Go Bad

Binoy Kampmark
The Celebrity of Celebrity

Michael Dickinson
Tollbridge Over Troubled Waters

Website of the Day
State of the Birds

March 20-22, 2009

Alexander Cockburn
On the Edge of the Volcano

Paul Craig Roberts
When Things Fall Apart

P. Sainath
Slumdogs vs. Billionaires

Robert Weissman
Lessons From AIG

Saul Landau
Sliding Down in Anger: If We Bail Out the Banks, Why Shouldn't We Own Them?

David Michael Green
Obama and the Altar of Greed

Greg Moses
Winter Soldiers Come to Texas

Ron Jacobs
Pakistan in Turmoil: an Interview with Farooq Tariq

Michael D. Yates
A Nation of Immigrants

John V. Whitbeck
Happy New Year, Iran!

Andy Worthington
The Case of Ahmed Zuhair

Linn Washington Jr.
Supreme Test: the Latest Twist in the Mumia Case

David Ker Thomson
Actions: Things to Do Instead of Hailing the Chief

Laurent Jacque
Is the Euro Doomed?

Rannie Amiri
The Middle East's Jittery Monarchies

Reiko Redmonde /
Larry Everest

The Cold-Blooded Murder of Oscar Grant

David Macaray
The Myth of the Powerful Teachers' Union

Kenneth Couesbouc
Where has the Consumption Gone?

Martha Rosenberg
Meltdown in the Drug Industry

Alan Farago
The Recession, the Developers and Baseball

Missy Beattie
Still Waiting for Change

Richard Rhames
Invisible But Not Completely Insolvent

Stephen Martin
Barack and the Jets

Charles R. Larson
Impeach Obama!

David Yearsley
On Bach's Birthday

Lorenzo Wolff
Manic Levity

Poets' Basement
Three Poems by Gary Corseri

Website of the Weekend
Teachers for CEO Merit Pay!

March 19, 2009

Dave Marsh
Sir Bono: the Knight Who Fled From His Own Debate

Paul Craig Roberts
Was the Bailout Itself a Scam?

Mike Whitney
Why Business is Hysterical About Card Check (And Why America Needs It)

Sam Smith
The Economy in Two Eras of Democrats

Harvey Wasserman
The Crash of France's Nuclear Poster Child

Binoy Kampmark
Back Into NATO: the End of French Exceptionalism

Kathy Sanborn
Broken Culture: the Desecration of Iraq's Art Treasures

Christopher Brauchli
Taxing Problems

George Wuerthner
Permanent Damage From Temporary Logging Roads

Diann Rust-Tierney
New Mexico Abolishes the Death Penalty

Website of the Day
Bailout Plan: "Cross Your Fingers and Hope"

 

March 18, 2009

Michael Hudson
The Real AIG Conspiracy

Paul Craig Roberts
Israel's American Chattel

Nelson P. Valdés
Why Obama's New Cuba Rules Violate the Constitution

Jonathan Cook
Bedouin Villages Left in the Dark Ages

John Ross
The Death of the American Newspaper

Yifat Susskind
Where Are We Leaving Iraqi Women?

Dave Lindorff
Who's Calling the Shots Now?

Frances Moore Lappé
The City That Ended Hunger

Richard Grossman
Beware the Madoff Diversion!

Rev. William E. Alberts
On Being Whole Not Holy

Website of the Day
Three Weeks in Cuba: a Painter's Perspective

March 17, 2009

Michael Hudson
Mr. Bernanke Spreads the Fire

James G. Abourezk
Show Business: AIG and the Posturing Democrats

Harry Browne
Ireland's Blast From the Past

Joanne Mariner
U.S. Human Rights Abuses in the War on Terror

Alan Farago
The National Ponzi Scheme

Dean Baker
Getting Lehman Bros. Wrong ... Again

Peter Morici
Cuts for Autoworkers, Bonuses for Derivatives Traders

Bill and Kathleen Christison
Obama and the Empire

Richard Gott
Victory for the Left in El Salvador

Walter Brasch
Dog Mutilations vs. Cosmetics

Website of the Day
Single-Payer Action

 

March 16, 2009

Pam Martens
Has a Comedian Just Saved America?

Uri Avnery
The Rape of Washington

Mike Whitney
Bernanke's Witness Protection Program

Ralph Nader
Americans Want Justice for Wall Street Crooks

Nikolas Kozloff
Down But Not Out: the Latin American Right

John Walsh
Redbaiting on the Left

Ron Jacobs
A Call for Common Sense

Binoy Kampmark
The Case of Tim K

Stephen Fleischman
Coxey's Army Will March Again!

Christian Christensen
A 25-Year Misunderstanding: Springsteen's "Born in the USA"

Scott Handleman
Shooting Tristan Anderson

Website of the Day
Clean, Green, Sustainable

March 13 / 15, 2009

Alexander Cockburn
The Parable of the Shopping Mall

Peter Lee
What the Chas Freeman Fight Was Really About

Diana Johnstone
NATO's Global Mission Creep

David Harvey
Is This Really the End of Neoliberalism?

Petrino DiLeo
Inside Obama's Housing Plan: Will Millions be Left Out in the Cold

David Ker Thomson
Tender to the Earth

Eric Ruder
Massacre in Slow Motion: an Interview with Haider Eid on Gaza

Fred Gardner
Cannabidiol Now!

David Yearsley
Music Torture

Saul Landau
How Israel Gives Jews a Bad Name

Laura Carlsen
Drug War Doublespeak

Robert Weissman
We Told You So

John Goekler /
Merle Lefkoff
The Struggle in Saffron

Tom Barry
Imprisoning Immigrants for Profit

Kathy Sanborn
Money Out of Thin Air

Chris Mobley / Leela Yellesetty
Criminalizing Poverty: the Jail Seattle Doesn't Need

David Michael Green
The Perils of Being Right and Wrong

Alan Maass /
Lee Sustar

A Socialist Moment?

Christopher Brauchli
Pity, the Poor Tax Collectors

Richard Morse
Clinton in Haiti

Lorenzo Wolff
Taking It From the Streets: From Springsteen to the Wu-Tang Clan

Poets' Basement
Springate and Johnston

Website of the Weekend
Hear the Buffalo

March 12 , 2009

Sharon Smith
Bottom Feeders at the Trough

Christopher Ketcham
Full Spectrum Penetration: Israeli Spying in the United States

Mike Whitney
Haircut Time for Bondholders

Ray McGovern
Obama Caves to the Lobby

Eric Toussaint /
Damien Millet
The Doublespeak of a Discredited IMF

John Ross
The War is Not Over

M. Reza Pirbhai
Men in Black: Another View of Pakistan

Chris Floyd
Lost Liberty Blues: Prisons, Profits and the Banality of Evil

Steve Early
Why Labor Doesn't Need a "House of Lords"

Quentin Gee
Hiding the Costs of Coal

Website of the Day
Amadee Coral Reef: a Spherical Panorama

March 11 , 2009

Mike Roselle
From Birmingham to Coal River: Why is the Environmental Movement So Timid?

Paul Craig Roberts
The Criminal Injustice System

Henry A. Giroux
Academic Labor in Dark Times

Nikolas Kozloff
The Death Cries of the Salvadoran Right

Norm Kent
I am Patient Number 380206011

Mitu Sengupta
Reforming the World Bank: Different Image, Same Tune?

Ludwig Watzal
The Structure of Israel's Occupation

David Macaray
The Battle Over EFCA Has Begun

William S. Lind
Rounding Up the Usual Suspects

Martha Rosenberg
A Merger From the Folks Who Brought You Vytorin

Website of the Day
American Indicator: One in Fifty Kids are Homeless

March 10 , 2009

Franklin Spinney
What Israeli Peace Process?

Vijay Prashad
What Did Hillary Clinton Do?

Stan Cox
There's No Free Lunch on Your Browser: the Internet's Energy Drain

Zoltan Grossman
Coffee Strong: Listening to the G.I. Voice at Fort Lewis

Reuven Kaminer
Pure and Unadulterated Racism

Jonathan Cook
Memoricide in the West Bank

Dave Lindorff
Business Rules

Brian McKenna
How Anthropology Disparages Journalism

Harvey Wasserman
Is This the End of the Age of the Automobile?

Corey Pein
He Told You So

Website of the Day
AIG and Systemic Failure: $1.6 Trillion in Insured Deriviatives

 

March 9 , 2009

Pam Martens
Madoff and the Sorkin Affair

Ralph Nader
Too Big...Period

Peter Lee
Meet Gulbuddin Hekmatyar: the US's Worst/Best Hope for Afghanistan?

Mike Whitney
Geithner's Charade

Peter Morici
Fixing the Banks: Treasury's Doomed Strategy

Dean Baker
Why Do We Need a Private Health Insurance Industry, Anyway?

Steve Ault
Kiss Thailand's Tolerance for Gays Goodbye

Stephen Lendman
Guantánamo Under Obama

Farooq Sulehria
Tennis Without Spectators

Belén Fernández
Chávez, a Cockfight and the Caracazo

Website of the Day
How Lincoln Learned to Read

March 6-8 , 2009

Alexander Cockburn
Harlots High and Low

Chris Floyd
Tangled Up in Karl

Uri Avnery
Remember Ophira?

Dave Lindorff
Kiss the Banks Goodbye

Mark Weisbrot
The Crisis vs. the Dogma

David Ker Thomson
Against Work

Phil Aliff
Soldier Suicides

Rebekah Ward
Georgia Injustice: Another Young Life Wrecked

Tracey Briggs
How Capitalism Feels in the Head

Dean Baker
Depression Nostalgia?

Daniel P. Wirt, M.D.
Remove the Handle From the Health Insurance Misery and Death Pump

Carl Finamore
The Recovery Plan: Save Us From Those Who Would Save Us

Wajahat Ali
The Pakistani Monster

David Michael Green
Smart is the New Stupid

David Macaray
The Minimum Wage Revisited

Michael Dickinson
On Financial Fools Day

Susie Day
Line in the Sand

Bob Sommer
Echoes of the Townhouse Explosion

Ben Sonnenberg
No Forgiveness for the Bourgeoisie: Buñuel's "The Exterminating Angel"

David Yearsley
Sonic Fakery in "Slumdog" From the Mozart of Chennai

DC Larson
They're Writing Those Depression Songs, Again

Lorenzo Wolff
Live Truth: Music Sans Headphones

Poets' Basement
Dominquez, MacNeil and Buknatski

Website of the Weekend
The Environment & Obama: a Conversation with Jeffrey St. Clair

March 5 , 2009

James G. Abourezk
This Time It's Mrs. Clinton's Turn

Kathleen and Bill Christison
U.S. Military Aid to Israel

Robert Weissman
Wall Street's Best Investment: Paying for Public Policy

Patrick Cockburn
My Day at the Terror "Charity"

William Blum
Being Serious About Torture...Or Not

Robert Fantina
From Iraq to Afghanistan: Augmentation All Over Again

Saul Landau
The Unseen Crisis

Benjamin Dangl
Striking a Blow Against the Beer Cartel: a Grassroots Victory in Utah

Christopher Brauchli
The New Leaders of the GOP

Website of the Day
The Angola 3: 36 Years of Solitude

March 4, 2009

Marjorie Cohn
Blueprints for a Police State

Mike Whitney
Blowing Up the Economy: How Securitization Lit the Fuse

Ron Jacobs
The Banality of Occupation: the Rand Papers

Ashley Smith
War by Another Name

Joanne Mariner
Obama's War on Terror

Dan Bacher
The California Water Wars: Why It's Not a Conflict Between Fish and People

Mark Engler
Will the Winds of Change Reach El Salvador?

Franklin Lamb
"What's Hezbollah Done for Us Lately?"

Cal Winslow
Slugging It Out in California

David Mandelzys
Apartheid Week

Website of the Day
Guantánamo: the Definitive Prisoner List

March 3, 2009

Conn Hallinan
Ethnic Cleansing and Israel

Fawzia Afzal-Khan
The Long, Dark Night of Pakistan

Brian M. Downing
The Changing Game in Afghanistan

Robert Larson
External Damnation: Companies are Designed for Destruction

Daniel P. Wirt, MD
Single-Payer Health Reform

Russell Mokhiber
Burn Your Health Insurance Bill!

William Loren Katz
Obama, One Ape and Two Newspapers

Kathy Sanborn
The Lazy Man's Guide to the Economic Crisis

Pauline Imbach
A New Start for the World Social Forum?

Christopher Ketcham
The Best Journalism You'll Write is Priceless

Website of the Day
The Surveillance Self-Defense Project

March 2, 2009

Andrea Peacock
A Poisoned Town's Shot at Justice

Paul Craig Roberts
Obama's Budget

Peter Lee
Pakistan Lurches Toward the Abyss

John Blair
Locking Down Big Coal

Peter Morici
Treasury's Flawed Plan for Citigroup

Uri Avnery
10 Ways to Kill Fatah

Michael Donnelly
Resistance to the War on the Wild

Fred Gardner
The Judge Who Ruled Marijuana is Medicine

Sonia Nettnin
Middle East Medical Mission Heroes

Andrew Lehman
A New Deal for the Web

Website of the Day
Pentagon Papers II?


Eric Holder and the Whitewashing of Racism

Tom Barry
Napolitano's Hard Line

Harvey Wasserman
Obama's Excellent Atomic Omission

Adam Turl
The Enemies of Unions and the Lies They Tell

David Macaray
When People are Fired Illegally

James McEnteer
Rush to the Rescue: Limbaugh's Secret Plan to Save the Economy

Website of the Day
The Carbon Casino

 

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Weekend Edition
April 3-5, 2009

Tony Blair and the Dark Side

Britain's Guantánamo: Fact or Fiction?

By ANDY WORTHINGTON

On Monday March 30, in a committee room in the House of Commons, Diane Abbott MP chaired a meeting entitled, “Britain’s Guantánamo? The use of secret evidence and evidence based on torture in the UK courts,” to discuss the stories of some of the men held as “terror suspects” on the basis of secret evidence, and to work out how to persuade the government to change its policies. A detailed report of the meeting is available here, and the profiles of five prisoners are available by following this link), but I thought it was also worth addressing a question posed by the meeting’s title, and to ask if it is fair to compare the bitter fruits of Britain’s anti-terror legislation with the iconic symbol of the Bush administration’s “War on Terror.”

In some ways, of course, it is not. The British government, while clearly complicit, to some extent, in the rendition and torture of prisoners by or on behalf of the Bush administration, and in interrogating them while they were held in illegal and unjustifiable conditions, has not been directly involved in their industrial-scale rendition, in the establishment of a vast offshore prison devoted to coercive intelligence-gathering, or in the direct implementation of torture, under the cover of flawed legal advice which included blatant attempts to redefine its very meaning.

That said, there are, in fact, many unnerving similarities between the Bush administration’s policies, which prompted universal condemnation on an unprecedented scale, and those implemented in the UK, which have caused barely a ripple of protest.

The similarities between Guantánamo and the UK terror laws

At Guantánamo, since January 2002, the US government has, at various times, held 779 men, mostly without charge or trial, who were picked up in 20 different countries but detained neither as prisoners of war, protected by the Geneva Conventions, nor as criminal suspects, to be tried in a recognized court. When, after three and a half years, the Supreme Court ruled that they had habeas corpus rights, the government responded not by allowing them access to the US courts, but by holding military tribunals, designed to justify their detention through the use of secret evidence that the prisoners -- known as “detainees” -- were not allowed to see.

In the UK, since December 2001, the British government has, at various times, held around 70 men without charge or trial, refusing to try them as criminal suspects in recognized courts. The policy began with the imprisonment of 17 men in Belmarsh high-security prison, but when, after three years, the Law Lords ruled that their imprisonment was in contravention of the Human Rights Act, the government responded by introducing control orders and deportation bail, both of which involve draconian restrictions that amount to house arrest. Throughout this whole period, the government has justified the men’s detention through the use of secret evidence that the prisoners -- known as “detainees” -- are not allowed to see.

Another similarity concerns attempts by both the British and American governments to bypass their obligations under the UN Convention Against Torture -- which prevents the return of foreign nationals to countries where they face the risk of torture -- by reaching diplomatic agreements with various dictatorships in North Africa and the Middle East. These purport to guarantee that repatriated prisoners will be treated humanely, but in reality they have proved worthless.

Deportation to Tunisia

In June 2007, for example, after the US government signed a “diplomatic assurance” with the Tunisian dictator Zine El Abidine Ben Ali, so that prisoners cleared for release from Guantánamo could be repatriated, two prisoners who were returned -- Lotfi Lagha and Abdullah bin Omar -- reported that they were threatened and mistreated in Tunisian custody. They were then subjected to show trials, apparently based on evidence obtained through the torture of other prisoners, and received prison sentences of three and seven years.

In the UK, the British government has been involved in a similar policy, signing “memoranda of understanding” (MoUs) in 2005 with Jordan, Libya and Lebanon, and attempting, without success, to do the same with Algeria, in order to deport “detainees” held on the basis of secret evidence, instead of putting them forward for trial in the UK. This is apparently because of the British government’s refusal to join the rest of the world in finding ways to use information obtained by the intelligence services in court, while preserving the confidentiality of sources and methods (PDF), but it is difficult not to conclude that, in fact, the government has been swept up in its own rhetoric, and has actually lost sight of the correct balance between liberty and security.

There are further disturbing parallels. After the demonstrable failure of the Americans’ “diplomatic assurance” with Tunisia, a District Court judge intervened to prevent the return of a third Tunisian -- Lotfi bin Ali -- in November 2007, arguing that he could suffer “irreparable harm” that the US courts would be powerless to reverse. Since then, no other Tunisians have been repatriated from Guantánamo, and, although the British government subsequently persisted in attempts to deport Tunisians from Europe, intervening in an Italian case, Saadi v. Italy, which was being considered by the European Court of Human Rights at the same time, the British attempts were struck down by the Court, which ruled, in March 2008, that attempts to return Nassim Saadi to Tunisia would be a clear breach of Article 3 of the European Convention on Human Rights (which states that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment”).

Deportation to Libya

Both the US and the UK have faced struggles with repatriating foreign nationals to Libya, not because of any difficulties either government has with its enemy-turned-ally, the dictator Moammar Gaddafi, but because courts on both sides of the Atlantic have intervened to prevent Libyans from being repatriated: a Libyan in Guantánamo, Abdul Rauf al-Qassim, has been resisting his enforced return since June 2007, and in the UK, attempts to return 12 Libyans accused of having connections with terrorism were scuppered when, in April 2008, as the Independent described it, the Court of Appeal “gave a damning verdict on promises” that two men -- identified only as AS and DD -- “would not be tortured in their home country.” The judges ruled that the government “failed to give enough weight to the risk of torture.”

What is particularly galling in the Libyans’ case is that nowhere along the line has a single voice in authority been heard pointing out that those who once opposed Colonel Gaddafi’s regime -- and are now wanted in his dungeons -- would, not so long ago, have been regarded as our friends, but that observation, of course, succinctly demonstrates an uncomfortable truth: that yesterday’s freedom fighters can all too easily become today’s terrorists when the winds of politics change.

Deportation to Algeria

Where both the British and American governments seem to be in accord -- and seem also to be meeting with some success in their mission to discard the UN Convention Against Torture and the European Convention on Human Rights -- is with Algeria. Although some Algerians in Guantánamo -- most notably Ahmed Belbacha, who had lived peacefully in the UK for two years before he took an ill-timed holiday in Pakistan -- are still striving to prevent their enforced repatriation from Guantánamo, others are on record as having returned willingly, even though the fate that awaited them -- whether freedom, or a bent trial followed by further imprisonment -- seems to be akin to a round of Russian Roulette.

Given the choice of two evils, eight Algerians (see here, here, here, here and here) settled for Algeria over Guantánamo between July 2008 and January 2009, and the same thing has happened with a number of “terror suspects” in the UK, who, exhausted by the imprisonment and house arrest foisted on them by the British government, on the basis of unknowable and unchallengeable secret evidence, opted to return “voluntarily “ to Algeria, with mixed results, as amnesty International has reported (PDF). Some were released without charge, while others received prison sentences after dubious trials, and in all cases it has been next to impossible for human rights observers to monitor what has been happening with the kind of diligence that is necessary.

The British government -- or the Law Lords, at least -- know how shaky is the assumption that Algerians returned from the UK will be treated humanely and given fair trials, for two particular reasons: firstly, because the Algerian government has refused even to sign a worthless “memorandum of understanding” and has also refused to allow any British representatives to monitor what happens to those who are returned, and secondly, because, when the Lords approved the deportation in February of two prisoners -- BB and U -- they resorted, as I explained in an article at the time, to claiming that President Bouteflika has improved Algeria’s human rights record, and has “acknowledged and approved a letter from the Prime Minster which included the statement that ‘this exchange of letters underscores the absolute commitment of our two governments to human rights and fundamental freedoms.’”

In quiet desperation, the Lords also quoted the judges of SIAC (Britain’s secret terror court), who had noted that “Very considerable efforts have been made at the highest political levels on both sides to strengthen these ties,” and concluded that, as a result, “it is barely conceivable, let alone likely, that the Algerian government would put them at risk by reneging on solemn assurances.” As I noted at the time, it was hardly reassuring that, if returned prisoners did find themselves abused, they could be comforted by the fact that the government, SIAC and the Law Lords had thought that such abuse was “barely conceivable.”

Deportation to Jordan

And finally, while the US managed to return all the Jordanians it was holding in Guantánamo without apparent incident, the British government faced an even more uphill struggle to conclude that it most-celebrated would-be deportee, Abu Qatada, would be treated humanely on his return. In the same ruling in which the Law Lords declared that it was safe for BB and U to be returned to Algeria, they concluded that Abu Qatada would not be tortured, and would receive a fair trial -- or at least, would not receive “a flagrant denial of a fair trial” -- for two reasons; firstly, because, in October 2005, a human rights organization in Jordan “signed an agreement with the United Kingdom government under which it would monitor the due performance of the obligations undertaken by Jordan under the MoU,” and, secondly, because “the fact that he would have a very high profile, coupled with the MoU, and the diplomatic capital invested in it, meant that the Jordanian authorities were likely to make sure that he was not ill-treated in custody or when he emerged from it.”

The judges made their decision in spite of the fact that Abu Qatada had been previously tortured in Jordan, and had been convicted in absentia in a terror trial at which witnesses claimed they had been tortured to make false confessions. In addition, their ruling was disappointing because a “likelihood” that he would not be tortured is far from reassuring, and seems, instead, to be another form of Russian Roulette that plays games with a man’s life and with the universal torture ban.

An unnerving conclusion

For now, the deportations of Abu Qatada, BB and U are on hold, pending a review by the European Court of Human Rights, which may mean -- if both torture and judicial secrecy are regarded with the horror and scorn that they deserve -- that the British government will eventually be obliged to abandon its blanket use of secret evidence and its labyrinthine attempts to circumvent the universal torture ban, by allowing the use of intercept evidence and reintroducing fair trials.

Ministers might also want to reflect that, although Barack Obama has not magically dismantled the legacy of the Bush administration’s “War on Terror,” he is at least committed to closing Guantánamo within a year, has established a review of the prisoners’ cases that has started to approve the release of prisoners, and is continuing to allow judges -- empowered by a Supreme Court ruling last June -- to challenge the Bush administration’s secret evidence, with the result that, in 24 of the 28 cases so far reviewed, the judges involved have ordered the prisoners’ release because the government failed to provide sufficient evidence that they should ever have been held in the first place (a summary is here, and see here for the latest decision).

In Britain, in contrast, the government would still have us believe that all of its supposed “terror” evidence is infallible, and cannot be challenged, even though much of what is known appears to be misguided intelligence, or intelligence obtained through torture, and even though glaring errors on the part of the Home Office and the security services have been repeatedly noted over the last seven years. This not only makes a mockery of due process; it also leaves the government -- and Home Secretary Jacqui Smith in particular -- looking like the last bastion of the kind of unprincipled and unfettered executive power embraced by former US Vice President Dick Cheney and his chief of staff David Addington, the architects of the “War on Terror.”

As Jane Mayer explained in her book The Dark Side, in the summer of 2002, when John Bellinger, the National Security Council's top lawyer, tried to approach the White House counsel, Alberto Gonzales, to seek a review of the prisoners' cases -- expressing some of the same doubts about the US intelligence services that lawyers have sought to expose in relation to the intelligence services in the UK, and that judges in the US have finally been allowed to prove in some of the Guantánamo cases -- he was met with the sternest of rebukes, when a scheduled meeting was hijacked by David Addington, who declared, imperiously, “No, there will be no review. The President has determined that they are ALL enemy combatants. We are not going to revisit it.”

Without fair trials for “terror suspects” in the UK, Jacqui Smith, like Jack Straw, David Blunkett, Charles Clarke and John Reid before her, appears to be nothing less than David Addington’s Anglicized twin, and in Addington’s statement above, all that needs changing are the words “President” to “Tony Blair,” and “enemy combatants” to “terrorists,” and the picture is complete. In democracies founded on the rule of law, it is not sufficient for an elected minister to maintain, as President Bush declared for over seven years, that it was true because he said so.

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: www.andyworthington.co.uk He can be reached at: andy@andyworthington.co.uk

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