Rogue State

It certainly is interesting that the Italian authorities have finally gotten fed up with America’s illegal behavior and issued arrest warrants for 13 CIA agents accused of kidnapping terrorist suspects and rendering them to Egypt for “interrogation.”

But we’ve done this with Guantanamo prisoners as well. I wrote about this last February in a long post about “how great we are.” This story is from the New Yorker by Jane Meyer called “Outsourcing Torture”:

Nadja Dizdarevic is a thirty-year-old mother of four who lives in Sarajevo. On October 21, 2001, her husband, Hadj Boudella, a Muslim of Algerian descent, and five other Algerians living in Bosnia were arrested after U.S. authorities tipped off the Bosnian government to an alleged plot by the group to blow up the American and British Embassies in Sarajevo. One of the suspects reportedly placed some seventy phone calls to the Al Qaeda leader Abu Zubaydah in the days after September 11th. Boudella and his wife, however, maintain that neither he nor several of the other defendants knew the man who had allegedly contacted Zubaydah. And an investigation by the Bosnian government turned up no confirmation that the calls to Zubaydah were made at all, according to the men’s American lawyers, Rob Kirsch and Stephen Oleskey.

At the request of the U.S., the Bosnian government held all six men for three months, but was unable to substantiate any criminal charges against them. On January 17, 2002, the Bosnian Supreme Court ruled that they should be released. Instead, as the men left prison, they were handcuffed, forced to put on surgical masks with nose clips, covered in hoods, and herded into waiting unmarked cars by masked figures, some of whom appeared to be members of the Bosnian special forces. Boudella’s wife had come to the prison to meet her husband, and she recalled that she recognized him, despite the hood, because he was wearing a new suit that she had brought him the day before. “I will never forget that night,” she said. “It was snowing. I was screaming for someone to help.” A crowd gathered, and tried to block the convoy, but it sped off. The suspects were taken to a military airbase and kept in a freezing hangar for hours; one member of the group later claimed that he saw one of the abductors remove his Bosnian uniform, revealing that he was in fact American. The U.S. government has neither confirmed nor denied its role in the operation.

Six days after the abduction, Boudella’s wife received word that her husband and the other men had been sent to Guantánamo. One man in the group has alleged that two of his fingers were broken by U.S. soldiers. Little is publicly known about the welfare of the others.

Boudella’s wife said that she was astounded that her husband could be seized without charge or trial, at home during peacetime and after his own government had exonerated him. The term “enemy combatant” perplexed her. “He is an enemy of whom?” she asked. “In combat where?” She said that her view of America had changed. “I have not changed my opinion about its people, but unfortunately I have changed my opinion about its respect for human rights,” she said. “It is no longer the leader in the world. It has become the leader in the violation of human rights.”

In October, Boudella attempted to plead his innocence before the Pentagon’s Combatant Status Review Tribunal. The C.S.R.T. is the Pentagon’s answer to the Supreme Court’s ruling last year, over the Bush Administration’s objections, that detainees in Guantánamo had a right to challenge their imprisonment. Boudella was not allowed to bring a lawyer to the proceeding. And the tribunal said that it was “unable to locate” a copy of the Bosnian Supreme Court’s verdict freeing him, which he had requested that it read. Transcripts show that Boudella stated, “I am against any terrorist acts,” and asked, “How could I be part of an organization that I strongly believe has harmed my people?” The tribunal rejected his plea, as it has rejected three hundred and eighty-seven of the three hundred and ninety-three pleas it has heard. Upon learning this, Boudella’s wife sent the following letter to her husband’s American lawyers:

Dear Friends, I am so shocked by this information that it seems as if my blood froze in my veins, I can’t breathe and I wish I was dead. I can’t believe these things can happen, that they can come and take your husband away, overnight and without reason, destroy your family, ruin your dreams after three years of fight. . . . Please, tell me, what can I still do for him? . . . Is this decision final, what are the legal remedies? Help me to understand because, as far as I know the law, this is insane, contrary to all possible laws and human rights. Please help me, I don’t want to lose him.

As I wrote back in February, I don’t know if this woman’s husband is a terrorist. But I do that it’s incomprehensible that the “tribunal” wouldn’t have looked at the evidence collected by the Bosnian Supreme Court that exonerated him before declaring him a “non-combatant” and locking him away indefinitely with no appeal.

We kidnapped this man off the street as he left a courthouse that freed him for lack of evidence. He was sent to Guantanamo. And he has no further recourse anywhere to assert his innocence.

We have no way of knowing how many people we have done this to, but clearly there are quite a few. It makes me sick to my stomach to contemplate that innocent people are caught up in it. And without due process we simply cannot be sure that there aren’t. In fact, we know there are.

I’m getting old now and I don’t know how long it will take for this stuff to sort itself out. Maybe I won’t be alive to see it. But at some point there is going to be some sort of reckoning. It’s happening in Argentina right now. Cambodians are beginning to come to terms with what was done. And no I’m not comparing us to them, except to say that unless we get some transparency there is every reason to fear that we are heading into that territory. As I wrote in that post in February:

We are disappearing people, rendering them to friendly governments that aren’t afraid to put the electrode to genitals and threaten with dog rape. And we are building our own infrastructure of torture and extra legal imprisonment. It is a law of human nature that if you build it, they will come. This infrastructure will be expanded and bureaucratized. It’s already happening.

John Yoo, one of the primary architects of the Gitmo regimes said:

“Why is it so hard for people to understand that there is a category of behavior not covered by the legal system?”

Because we are supposed to be a nation of laws, not men. If we can fashion laws that cover behavior like genocide, war crimes, child molestation and serial killing, surely we can find a way to cover terrorism. But then, Yoo also believes:

Congress doesn’t have the power to “tie the President’s hands in regard to torture as an interrogation technique.” He continued, “It’s the core of the Commander-in-Chief function. They can’t prevent the President from ordering torture.” If the President were to abuse his powers as Commander-in-Chief, Yoo said, the constitutional remedy was impeachment. He went on to suggest that President Bush’s victory in the 2004 election, along with the relatively mild challenge to Gonzales mounted by the Democrats in Congress, was “proof that the debate is over.” He said, “The issue is dying out. The public has had its referendum.”

We are all torturers now, apparently.

.