ACLU Wins Case to Release Names of Bagram Detainees

By Alok Bhatt
Impunity Watch Reporter, Asia

BAGRAM, Afghanistan – For the first time after numerous requests, the Pentagon has released the names of approximately 645 Bagram air-base detainees.  The American Civil Liberties Union was able to secure the release of a names list, completed on September 22, 2009, after filing a successful lawsuit under the Freedom of Information Act.  The ACLU was also granted partial fulfillment of their request for information regarding the detainment and treatment of Bagram inmates.

Bagram air-base, a US-run military and detention facility in Afghanistan, has been housing inmates for over five years.  It has often been referred to as ‘Afghanistan’s Guantanamo’ because of myriad issues regarding inhumane treatment, such as torture, sodomy, and other heinous acts against inmates.  The prison is also infamous for affording inmates even less civil rights than the scant liberties given Guantanamo inmates.  Nationals of Afghanistan and other surrounding nations are currently held within the confines of the Bagram complex.  Many of these individuals have no little to no knowledge as to why the US military is keeping them and have no access to the world outside air-base.

The recent refurbishment of the Bagram air-base, which included a structural expansion to accommodate a substantially greater number of US troops, brought with it the promise of greater transparency regarding the treatment of inmates.  The recent release of inmates’ names signifies an integral step towards that end, and may also give hopes of redress to those unjustly detained.  Furthermore, the victory for the ACLU could suggest that courts may inquire into whom the perpetrators of human rights violations are and impose accountability where necessary.

The list of detainees and related documents reveal some disturbing facts about Bagram detainees.  Some of the inmates are actually quite young, and though only a few, it has been confirmed that among them are juveniles under the age of sixteen.

Although the information recently released represents a significant, perhaps unparalleled movement towards transparency regarding the US and its secretive holding structures, it is still only the first stride.  The extent various human rights violations perpetrated against Bagram inmates has still not been revealed, and the Obama administration intends to appeal against the current, minimal rights given to inmates in Afghanistan.

For more information, please see:

Al-Jazeera – US releases Bagram prisoner names – 16 January 2010

Associated Free Press – Pentagon releases names of Bagram prisoners – 16 January 2010

BBC News – US releases names of prisoners at Bagram, Afghanistan – 16 January 2010

Five Detained Americans In Pakistan Complain of Torture

By Michael E. Sanchez
Impunity Watch Reporter, AsiaSARGODHA, Pakistan- Five Americans being held in Pakistan on suspicion of plotting attacks in Pakistan and Afghanistan told a court on Monday that they had been tortured by police- charges that could add to political sensitivities surrounding the case.

They made the allegations during a hearing before a special anti-terrorism court in Sargodha.  The hearing was held in order for police to submit a charge sheet alleging that the suspects had conspired in a terrorist act, a formal legal step that brings them closer to a possible indictment.

The Americans also shouted the allegations to reporters as they were being transported from the building. Prison authorities and police denied any ill-treatment.

The five students were inside a prison van when several of them shouted “we are being tortured” within earshot of reporters, the Associated Press reported.  Senior police officer Usman Anwar, and Aftab Haanif, deputy superintendent of Sargodha jail where the men are being held, denied there had been any torture and said the defendants were receiving better food than regular inmates. Anwar said “We categorically deny that we tortured them at any stage of the interrogation…The court has ordered a medical examination that will make everything clear.”

One officer said “None of the five men said anything of the sort in the court.  As far as I know, one these men had a stomach problem.”

The students, all young Muslims from the Washington area, were detained in December at a house in the Punjabi town of Sargodha not long after arriving in Pakistan. The police have publicly accused them of plotting terror attacks, having links to al-Qaida and attempting to join militants fighting American troops across the border in Afghanistan after contacting militants on the internet.  Defense attorneys for the men say they wanted to travel to Afghanistan and had no plans for attacks.

The five were reported missing by their families in late November after one of them left behind a farewell video message showing scenes of war and casualties and calls for Muslims to be defended.  Two are of Pakistani descent, one is of Egyptian descent and two are of Ethiopian descent.

For more information, please see:

BBC News- Five US Terror Accused In Pakistan Allege Torture– 18 January 2010

The Canadian Press- 5 Americans Detained In Pakistan Tell A Court, Shout To Reporters That They Are Being Tortured– 18 January 2010

Daily Times- Detained Americans Complain of Tortures – 18 January 2010

Spain Extradites “Death Flight” Pilot

By Sovereign Hager

Impunity Watch Reporter, South America

MADRID, Spain-Spain has agreed to extradite an Argentine pilot accused of taking part in “death flights” in South American countries in 1976-1983. Argentina’s military regime disposed of more than 1,000 political prisoners by dumping them into the Atlantic Ocean. The court granted the extradition, with the condition that Julio Alberto Poch, the alleged pilot should not be sentenced to life in prison if he is convicted.

The Spanish judges found that the documentation submitted by Argentina was sufficient to justify Poch’s extradition for offenses that constitute crimes against humanity and are not subject to any statute of limitations. Poch was arrested in September in Valencia while working as a commercial pilot. He is a Dutch citizen.

The Spanish government detained him on an international warrant issued by the Argentine government after confirming via Interpol that Poch frequently flew the Amsterdam-Valencia-Amsterdam route for the airline Trasavia. Poch denied any involvement in the death flights.

Poch was a lieutenant in the Argentine navy during the military junta’s “dirty war” against leftists, a campaign that killed up to 30,000 people, mostly civilians. He was a part of the Naval Mechanics School in Buenos Aires, the sight of the most notorious clandestine jails and torture chambers.

Retired Argentine Vice Adm. Luis Maria Mendia admitted that he approved the creation of a plan for training navy personnel to combat the “terrorist insurgency.” This plan led to the death flights, which were operations dropping the drugged mechanics school political prisoners into the Atlantic ocean.

Argentina contacted the Dutch government in 2008, requesting Poch’s extradition, citing testimony from one of Poch’s colleagues where he told him about the death flights and had even defended the practice. It is unclear why dutch officials did not act in the Argentine request prior to Poch’s arrest in Spain.

In 2005, Argentina’s Supreme Court reversed an amnesty law protecting alleged human rights abusers from prosecution.

For more information, please see:

Latin American Herald Tribune-Spain to Extradite Argentine Accused in “Death Flights”-20 January 2009

BBC-Spain to Extradite “Dirty War” Pilot to Argentina-18 January 2009

AFP-Argentina “Death Flights” Pilot to Stand Trial-13 January 2009

Turkey Blocking Websites to Curb Freedoms

By Brandon Kaufman
Impunity Watch Reporter, Middle East

ANKARA, Turkey– Europe’s main security and human rights watchdog, the Organization for Security and Cooperation in Europe (OSCE), said that Turkey was blocking over 3,700 internet sites solely for “arbitrary and political reasons.”  OSCE urged that Turkey rescind these restrictions in an effort to show further commitment to freedom of expression in the country.

Milos Haraszti, the spokesperson for the OSCE, said that Turkey’s Internet law is infringing upon freedom of expression in the country and that the law should be changed or rescinded immediately.  In a statement released by the OSCE, Haraszti said that “in its current form, Law 5651, commonly known as the Internet Law of Turkey, not only limits freedom of expression, but severely restricts citizens’ right to access information.”

Haraszti then commented that Turkey, a candidate for acceptance into the European Union, was barring access to some 3,700 websites including most notably YouTube, GeoCities and some Google pages.  He acknowledged that some of the content that is being barred is in fact bad, sites which for example promote child pornography.  Yet, in the end, Haraszti said that “by blocking access to entire websites, Turkey is paralyzing access to numerous modern file-sharing or social networks.”

“Some of the official reasons to block the Internet are arbitrary and capricious, and therefore incompatible with OSCE’s freedom of expression commitments,” said Haraszti.  When asked about the OSCE remarks, a Turkish communications ministry official who spoke on condition of anonymity told Reuters that “Turkey provides unlimited and equal access for all parts of society.  It is above the EU average on this issue.”  The official added that “the regulations over Internet (usage) have a dynamic structure and necessary legal changes are made when problems are detected in implementation.”

Despite the official’s comments, Haraszti said Turkish law was still failing in its attempt to safeguard freedom of expression while numerous criminal codes clauses were being used against journalists who risk being sent to jail as a result.

Back in October, the European Commission’s annual report on Turkey’s progress toward EU membership said that Ankara needed to do more to protect freedom of expression and the press.

For more information, please see:

AFP- Turkey Should ‘Reform or Abolish’ Internet Law– 18 January 2010

Reuters- Turkey Blocking 3,700 Websites, Reform Needed– 18 January 2010

Times Online- YouTube Banned in Turkey After Video Insults– 7 March 2007

Human Rights Groups Push for Palestinian Internal War Crimes Investigation

By Meredith Lee-Clark

Impunity Watch Reporter, Middle East

 

GAZA CITY, Gaza – Eleven international human rights groups called upon Hamas and Fatah authorities to open investigations around allegations of war crimes by Palestinian forces during 2008’s Gaza war. The groups each sent identical letters to Palestinian President and Fatah leader Mahmoud Abbas and Hamas Prime Minister Ismail Haniya on January 18, asking the leaders to follow the recommendations of the United Nations’ Goldstone Report.

 

On November 5, 2009, the U.N.’s General Assembly endorsed the Goldstone Report, the result of an investigation led by South African jurist Richard Goldstone. Though the Goldstone Report found that most of the war crimes committed during the Gaza war was the at the hands of the Israelis, it did not absolve Palestinians of such crimes, and cited several violations of international law by Palestinian forces. Examples include Palestinian attacks on Israeli civilians, as well as instances of internal political repression both during and after the fighting, such as summary executions in the Gaza Strip and arrests and torture in the West Bank. Fatah has also admitted it previously tortured Hamas prisoners in its prisons in the West Bank and Gaza.

 

The call by the human rights groups came as Amnesty International accused Israel of “suffocating” the 1.4 million Palestinians living in the Gaza Strip. Israel has imposed a blockade on the tightly populated territory since fighting ended in January 2009, cutting off reconstruction supplies. Much of the Gaza Strip remains covered in rubble from the Israeli mortars that rained down during the three-week war.

 

The letter from the human rights groups called on both Israel and the Palestinians to conduct internal investigations into the Goldstone Report’s allegations.

 

“Although a large part of the report deals with violations committed by Israel, it also touches on violations committed by armed Palestinian groups and the Palestinian authorities in the West Bank,” the letter said. “As international and Palestinian non-governmental associations, we call on Palestinian authorities in the West Bank and the Gaza Strip to immediately launch credible internal investigations.”

 

For more information, please see:

 

AFP – Palestinian Rights Groups Urge Internal Gaza War Probe – 18 January 2010

 

BBC News – Call For Palestinians to Investigate Gaza “Crimes” – 18 January 2010

 

Canadian Press – Palestinian Rights Groups Call For Independent Investigation of Hamas in Gaza Fighting – 18 January 2010

 

Ha’aretz – Palestinian Activists Urge Hamas to Probe Own Gaza War Crimes – 18 January 2010