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Today's Stories

November 2, 2007

Dr. Mary Pipher
Acting on Conscience: Psychologists and Abusive Interrogations

 

November 1, 2007

Paul Craig Roberts
The Wages of Hegemony

Patrick Cockburn
The Most Dangerous Dam in the World

Dave Lindorff
The Air Force Report on the Minot-Barksdale Nuclear Missile Flight

Jonathan Feldman
The Strange Political Economy of Death in the South

Mike Ferner
They Met the Resistance in Iraq

William S. Lind
A Question for Would-Be Presidents

Diana Johnstone
"Fascislamism" Versus "Shoah Business"

Jacob Hornberger
The War on Telephone Privacy

A..K. Gupta
The Apocalypse will be Televised

Lyuba Zarsky /
Kevin Gallagher

The Enclave Economy of Mexico's Silicon Valley

Felice Pace
Does the SPLC Equate Anti-Zionism with Anti-Semitism?

Website of the Day
This One's for You, Ed Abbey

 

October 31, 2007

Bill Quigley
New Orleans' Broken Criminal Justice System

Rev. William E. Alberts
A Trail of American Blood: From the White House to CBS News

Ray McGovern
Attacking Iran for Israel

Eric Walberg
Poisonous Espionage: Litvinenko and the New Cold War

V. G. Smith
The Second Death of Guy Môquet

Luis J. Rodriguez
"Social Cleansing" from Guatemala to LA

Sheldon Richman
Bush has Time to Run the World

Walter Brasch
A Real Halloween Scare

Website of the Day
Boogie Rocks!


October 30, 2007

David Price
Pilfered Scholarship Devastates Gen. Petraeus's Counterinsurgency Manual

M. Shahid Alam
The Pakistan Question

Andy Worthington
The Epiphany of Matthew Waxman: a Government Insider Turns Against Gitmo

Patrick Cockburn
The Bicycle Bomber of Baquba

Anthony Papa
The Twisted Logic of Drug Laws

Floyd Rudmin
What "All Options are on the Table" Really Means

Sherwood Ross
Giuliani and Torture

Website of the Day
The Worst Lobby? You Decide

 

October 29, 2007

Lisa Hajjar
Inside Israel's Military Courts

Joe DeRaymond
The Politics of Lethal Injections

Patrick Cockburn
The High Stakes in Iraqi Kurdistan

Isabella Kenfield /
Roger Burbach

Corporate Murder in Brazil

Fred Gardner
The Frivolous Investigation of Dr. Sterner

Farzana Versey
Caricaturing Islam

Stephen Fleischman
The Greening of the Oligarchy

Marcelle Cendrars
The Congressional Rip Cord

Eamonn McCann
Dan Keating, the Last of the Republican Irreconcilables

Martha Rosenberg
For Halloween, Ann Coulter Dresses as .... Ann Coulter!

Website of the Day
Campaign 2008

 

October 27 / 28, 2007

Alexander Cockburn
So Much for Islamo-Fascism Awareness

Jeffrey St. Clair
The Dam That Isn't There

James Bovard
Breaking Down an Innocent Man: The FBI's Right to Threaten Torture

Ralph Nader
Beyond the Rule of Law

M. Reza Pirbhai
The Wahhabis are Coming, the Wahhabis are Coming!

Robert Sandels
Pay the Invaders! Cuba, Claims and Confiscations

Jacob G. Hornberger
Ruling By Decree

Missy Beattie
The Arsonists in the West Wing

John Ross
U.S. Eyes on Oaxaca

Robert Fantina
Condi Rice, the Imperial Cheerleader

Ron Jacobs
Labor at the Crossroads

Ali Moayedian
In Search of Logic About Iran

David Michael Green
What If We Had a President Who Didn't Give a Damn About Terrorism?

Poets Basement
Block, Davies and Ford

Website of the Day
Bring 'Em Home: a Music Video

 

October 26, 2007

Brian Cloughley
Revenging Bloodshed

Saul Landau
Portrait of Rudy

Ahmad Al-Akras
Getting Justice in the HLF Case

Franklin Lamb
Does "Loving" Lebanon Mean Never Having to Say You're Sorry?

Mike Whitney
Murdoch's Cuckoo's Nest

Dave Lindorff
Home of the Brave? Reducing US Casualties By Killing More Civilians

Alan Farago
A Castro Behind Every Bush

Yifat Susskind
Conscripting Feminism into the War on Terror

Website of the Day
Dead Life in a Political Prison


October 25, 2007

Jeffrey St. Clair /
Joshua Frank
Iraq's Environmental Crisis

Manuel Garcia, Jr.
Homes of the Crash Test Dummies

Paul Craig Roberts
The Fraudulent War on Terror

Col. Dan Smith
The Politics of Paranoia: Jane Harman's War on the First Amendment

Alan Farago
The Way to Paradise?

Chris Kutalik
The Lesson of the Chrysler Rebels

Brian McKinlay
John Howard and the Curse of Bush

Cindy Sheehan
Pete, Nancy, George and WW III

Website of the Day
Support the America's Program!

 

October 24, 2007

Natalie Washington-Weik
White Fantasies About Race-Based Intelligence

Andy Worthington
The Guantánamo Suicides

Michael Birmingham
What Happened in Nahr Al Bared?

Corporate Crime Reporter
The Nuclear Democrats

Tariq Ali
Bush's Cuba Detour

Farzana Versey
Imagining Serfdom in a Scarf

Dave Zirin
White Noise

James Murren
What "Support Our Troops" Means

Todd Chretien
Looking Reality in the Face

Martha Rosenberg
What Came First, the Chicken or the Cage?

Website of the Day
Hillary Clinton on Nuclear Power

 

October 23, 2007

Ralph Nader
Bush's Catastrophic Rhetoric

Lawrence R. Velvel
Goldsmith Stands Convicted--By His Own Mouth: How a Harvard Law Professor Justified Rendition at the Bush Justice Dept.

Vijay Prashad
The Nuke Deal is Dead

Bonnie Bricker /
Adil E. Shamoo

The True Cost of War for Oil

Dave Lindorff
Christopher Dodd's Make or Break Moment

Mike Whitney
The Big Squeeze

Farzana Versey
Race with the Devil

Stanley Heller /
Ben George

Something New from the Antiwar Movement

Marcelle Cendrars
You Too Can Confront the Holy Executive

Regan Boychuk
Burma and Haiti: Comparing the Media Response

Website of the Day
King Corn

 

October 22, 2007

Ishmael Reed
Should Blacks Go Green?

Marjorie Cohn
Mukasey and the Constitution: Another Loyal Bushie

Rannie Amiri
Is There a Method to Bush's Middle East Madness?

Diane Farsetta
Time to Pay for Payola: the FCC and Pundit-for-Hire Armstrong Williams

Todd Alan Price
Renewing No Child Left Behind: A Hurricane Katrina Aimed at Public Education

Robert Jensen
The Quagmire of Masculinity

Stephen Lendman
The UAW Leadership Sells Out Its Workers

Jemima Khan
The Kleptocrat in an Hermes Headscarf

Sunsara Taylor
David Horowitz Can't Handle the Truth

Binoy Kampmark
No Ideas, Please: the Australian Elections

Website of the Day
Support the Center for International Policy

 

 

October 20 / 21, 2007

Alexander Cockburn
The Man Who Builds Hillaryworld

Tariq Ali
A Massacre Foretold

Jeffrey St. Clair
Greetings from Echo Park

Andy Worthington
The Shame of Diego Garcia

Mike Whitney
Housing Flameout

Daniel Wolff
Play It As It Lays

David Rosen
Deviants on Parade: Folsom St. Fair and America's 4th Sexual Revolution

Saul Landau
David and Goliath in Iraq

Ron Jacobs
COINTELPRO and the Panthers

Robert Fantina
The Strange Love of Mitt Romney and Bob Jones

David Heleniak
Erring on the Side of Hidden Harm

Joe Allen
Hoffa Brown-Nosing at UPS

Prairie Miller
Lions for Lambs

Poets' Basement
Gibbons, Holt and Buknatski

Website of the Weekend
Crash!

 

October 19, 2007

John Ross
Che's Mexican Legacy

Sheldon Rampton
Shared Values Revisited: a Case Study in the Limits of Propaganda

Rahul Mahajan
A Tale of Two Atrocities: Blackwater and Haditha

Devra Davis
Deadly Secrets: Chemical Pollution and Cancer

Christopher Brauchli
Blasphemous Science

Wadner Pierre
Haiti After the Deluge

Bill Quigley
Jailed for Justice

Website of the Day
Textbook Sticker Shock

 

October 18, 2007

Saree Makdisi
Academic Freedom is at Risk

Meg Dwyer
What I Learned from 9/11: Who Wouldn't Want Us Dead?

Alevtina Rea
Sketches of Russian Life

Norman Solomon
The United States of Violence

Kristoffer Larsson
Something is Rotten in Sweden

Harvey Wasserman
Nukes are Back and So are We

Website of the Day
Eve Ensler: "A Filibuster Would Stop This War"

 

October 17, 2007

Steve Niva
Counter-Insurgency, American-Style

Andy Worthington
The Case of Mohamed Jawad

Alan Farago
The Credit Shock

Russell Mokhiber
The New Billionaire-Criminal Class

Sharon Smith
Democrats, AWOL When It Mattered

Mike Whitney
Time for the Banks to Face the Hangman

Robert Fantina
Iraq, Iran and the US: Business as Usual

Chris Irwin
Where Have All the Rednecks Gone?

Website of the Day
Sex Ed at Oral Roberts University

October 16, 2007

Peter Linebaugh
Doris Lessing and the Dynamite Prize

Paul Findley
Follow the Leader: The Open Secret About the Israel Lobby

Robert Bryce
Inconvenient Corrections: Al Gore's Wacky Facts

Uri Avnery
The Mother of All Pretexts

Paul Craig Roberts
The Iraqi Genocide

Ray McGovern
What Did Nancy Pelosi Know About NSA Spying and When Did She Know It?

Norman Solomon
The Pro-War Undertow of the Blackwater Scandal

Martha Rosenberg
The Curse of Cymbalta

William S. Lind
Out of the Frying Pan

Joel S. Hirschborn
Time to Boycott Voting

Website of the Day
Pipeline Through Paradise: Big Oil's Arctic Play

 

 

 

 

Subscribe Online

November 2, 2007

Britain's Law Lords Capitulate on Control Orders

Guantánamo as House Arrest

By ANDY WORTHINGTON

Imagine being picked up by the police, taken to a maximum security prison, and held for years -- indefinitely, for all you know -- without being told what it is that you're supposed to have done. Sounds familiar? If you substitute "soldiers" for "the police," it sounds like Guantánamo, or Bagram, or Abu Ghraib. But it's not. It's Belmarsh prison, in south east London.

Three years ago, in December 2004, after 17 men, captured and held as described above, had already been imprisoned in Belmarsh for at least three years without charge and without the prospect of a trial, Britain's law lords ruled that this kind of detention was in breach of human rights law. In response, the government introduced a new form of detention without charge or trial. Under the control orders introduced in spring 2005, the eleven Belmarsh prisoners who were still in detention were allowed to return home, but were subjected to a range of measures which severely restricted their liberty.

In some obvious senses, this new regime was less brutal, although it was no less unjust. As the released Guantánamo detainee Moazzam Begg reported in the Guardian, the control orders "consisted of a panoply of measures restricting the movement of the men as well as their ability to communicate with the outside world, and included home curfews, remaining within the confines of a specified radius, the approval of telephone calls, a ban on mobile phones, internet access and unauthorised visitors; the wearing of an electronic tracking tag, signing-in up to four times a day at a police station and calling security firms several times a day." Noting that the impact of control orders on these men's mental health, and on their wives and children, has often been "intolerable," he added, "Though few have said it, 'house arrest' is the term that comes to mind."

This was something of an understatement. If Belmarsh (where some of the original prisoners were once more incarcerated, after being rearrested following the London bombings in July 2005) was this government's shameful reinvention of the reviled policy of internment, as practiced in Northern Ireland, to disastrous effect, in the 1970s and '80s, the control orders (which were subsequently extended to include British nationals and a new wave of uncharged undesirables) are indeed a form of house arrest.

On Wednesday, the law lords, having reviewed the control orders in the light of three separate challenges to their legality, delivered another verdict, which, unfortunately, was but a toothless shadow of the righteous indignation that they had unleashed on the government three years before. Tinkering with the system, they ruled, in the case of six Iraqis, that an 18-hour home curfew was in breach of the right to liberty, as guaranteed by the European convention on human rights, and, moreover, ruled that the system of secret evidence must be changed to let the suspects know the case against them, and to give them the right to a fair hearing (a verdict which should have been on the front pages of newspapers, although it was not). Noticeably, however, they failed to rule that the whole experiment was as vile and illegal as its predecessor, heaping shame upon England's proud reputation as the home of habeas corpus.

Although the law lords argued that they were, in fact, upholding the suspects' habeas rights by ruling against the government's reliance on secret evidence and its insistence that it can restrict the liberty of these men without ever charging them (Lord Brown, memorably, said that the right to a fair hearing was "one of altogether too great importance to be sacrificed on the altar of terrorism control"), it remains apparent that, by refusing to condemn the control orders outright, they have perpetuated a brazenly draconian system, which appears, dangerously, to be fuelled by anti-Muslim vindictiveness, even though the more prosaic truth is that it is driven by an anachronistic refusal to "compromise the security services" by proceeding with trials using intercept evidence (despite the fact that most other western democracies have managed to do so without imperiling their "spooks").

The importance of the dispute over the control orders' legitimacy was clearly recognized by the lords. In addition to Lord Brown's comments, Lord Hoffman declared, "Such is the revulsion against detention without charge or trial, such is this country's attachment to habeas corpus, that the right to liberty ordinarily trumps even the interests of national security," adding that such rights were simply "too precious to be sacrificed for any reason other than to safeguard the survival of the state." As the Economist reported, however, "even he had doubts" as to whether the control orders "amounted to an unlawful deprivation of a fundamental human right or a simple restriction upon [the suspects'] liberty. Whereas continuous house arrest was clearly equivalent to imprisonment or detention, he was not so sure about the imposition of an 18-hour curfew. There was, he suggested, no clear dividing line between what was acceptable and what was not."

Lords Hoffman and Brown and their colleagues are to be congratulated for insisting, as the Economist described it, "on a suspect's right to see the key evidence against him, even if disclosing it is deemed contrary to national security interests," but in their dithering over the bigger picture they have overlooked one crucial fact, established with alarming clarity over the last six years: that allowing governments to imprison people without charge -- even if theoretically justifiable, in a few extraordinary cases -- relies upon a stout belief that the government's "secret evidence" is reliable.

Time and again, however, the intelligence services have been shown to be woefully lacking in reliable evidence. Of the 30 control order cases introduced in the last two and a half years, seven have been dismissed on appeal, and credible doubts have been expressed about the nature of the secret evidence against many of the others. In April 2005, for example, the Home Office was forced to apologize to ten of the men under control orders after what it described as a "clerical error," which resulted in letters being sent to them stating, incorrectly, that the basis for their detention was their alleged involvement in the so-called ricin plot (a spectral plot that evaporated after a high-profile trial in 2004-05), and in January 2005 an extraordinary list of intelligence blunders relating to the Belmarsh prisoners was published in the Independent.

In an article entitled, "Belmarsh detainees: Flawed intelligence exposes scandal," Robert Verkaik, the Independent's legal affairs correspondent, noted, amongst other errors, that "A security service assessment was embarrassingly withdrawn after it emerged that the purpose behind a visit to Dorset by a group of Muslim men had not been to elect a terrorist leader but to get away from their wives for the weekend," that "The Home Secretary has been forced to concede that some of the funds raised by the detainee Abu Rideh for alleged terrorist activity were sent to orphanages in Afghanistan run by a Canadian priest," that "Two of the detainees were awarded compensation for false arrest shortly before they were detained under the anti-terrorist emergency powers," and that "Testimony against two of the detainees came from an affidavit sworn by a man who was offered a lenient sentence in return for evidence." In conclusion, Verkaik observed, justifiably, that, although these mistakes were based on the "open" evidence against the suspects, "the inaccuracy of some of these assertions raises questions about the reliability of the secret evidence that the detainees have never been allowed to see."

As Guantánamo and the secret prison network run by the Americans have shown (and as I describe in detail in my newly released book The Guantánamo Files), allowing the intelligence services to operate without any legal oversight, and resorting to secret evidence, which may be based on torture, coercion or hearsay, is no way to ensure that justice is served. The fog of secrecy surrounding Belmarsh and the control order suspects is no less damaging. The law lords took one step in the right direction on Wednesday, but house arrest, however, mitigated, still has no place in a civilized society. If there is a case to be made against any of these men, it should, as with the "enemy combatants" held by the US administration, take place in a courtroom.

Andy Worthington is a British historian, and the author of 'The Guantánamo Files: The Stories of the 774 Detainees in America's Illegal Prison' (to be published by Pluto Press in October 2007). Visit his website at: www.andyworthington.co.uk

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

 

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