Legal

Citizens Indictment of the United States for Torture and other International Law Violations

Jeff Leys — Sat, 12 Jan 2008 09:55:04 -0600

Short Information Teaser

This Citizens Indictment was delivered to the federal court in Chicago on January 11, 2008.

Excerpt

January 12, 2008

On January 11, 2008, this Citizens’ Indictment was delivered by hand to Chief Judge Holderman in the U.S. Federal court in Chicago and to U.S. Attorney Patrick Fitzgerald in Chicago. It was mailed to Chicago Mayor Richard Daley.

Following this hand delivery, the Citizens’ Indictment was read aloud in the lobby of the federal courthouse in Chicago. Participants dressed in orange jumpsuits and identified themselves as acting in behalf of those subject to torture and abuse at the hands of the United States and the City of Chicago. The ten people who signed this Indictment were arrested in the lobby of the federal courthouse—nine on a federal charge of failure to conform with directions and one on a state charge of trespass after he declined to walk when placed under arrest.

Download the Citizens’ Indictment in PDF form

Body

January 12, 2008

Download the Citizens’ Indictment in PDF form

CITIZENS’ INDICTMENT OF THE UNITED STATES OF AMERICA AND ITS AGENTS

AND

OF THE CITY OF CHICAGO, CITY OF CHICAGO POLICE DEPARTMENT AND THEIR AGENTS

FOR VIOLATIONS OF INTERNATIONAL LAW AND DOMESTIC LAW PROHIBITING TORTURE AND CRUEL, INHUMANE AND DEGRADING TREATMENT

AND

FOR VIOLATIONS OF OTHER RELEVANT INTERNATIONAL AND DOMESTIC LAW AND THE UNITED STATES CONSTITUTION

PREFACE

On January 11, 2002 the United States imprisoned the first of the detainees held in the so-called “global war on terror” at Guantanamo. Since then, the U.S. and its agents have engaged in a consistent pattern of violations of international law and of the United States Constitution. These actions include: denial of the writ of habeas corpus to detainees; the use of torture at Guantanamo, Abu Ghraib and elsewhere; the holding of detainees in secret prisons; the operation of flights of extraordinary rendition; the return of detainees to countries in which the detainees face torture upon return; and other similar violations of international and domestic law. These conditions continue to this day.

From 1971 to 1993, members of the Chicago Police Department engaged in torture of individuals held by that department. This torture was protected and condoned by the Chicago Police Department; the Illinois State’s Attorney; the City of Chicago and its agents. To this day, those whom the Chicago police tortured wait for justice to be fulfilled-including payment of reparations for damages suffered during torture and its after effects and the holding accountable of those who engaged in and permitted the torture to occur.

RELIEF SOUGHT

This Citizens’ Indictment seeks the following relief to redress the use of torture and other significant violations of international and domestic law by the United States and its agents and by the City of Chicago and its agents:

Relief sought from the United States of America:

Restoration of habeas corpus
Repeal of the Military Commissions Act of 2006
Charge and try all detainees or immediately release detainees if not charged and tried
Clearly and unequivocally forbid torture and all other forms of cruel, inhuman and degrading treatment by the United States and its agents, including but not limited to the military, the Central Intelligence Agency, prison guards, civilian contractors and all other agents.
Pay reparations to current and former detainees and to their families for violations of their human rights and for violations of international law.
Shut down the prisons and detention centers at Guantanamo, Abu Ghraib, Bagram and all other U.S. prisons overseas used to hold detainees, including but not limited to secret detention facilities operated by the Central Intelligence Agency.

Relief sought in the matter of torture by the Chicago Police Department:

Compliance with the July 2006 recommendation of the United Nations Committee Against Torture regarding police torture in Areas 2 and 3 of the Chicago Police Department to include: “promptly, thoroughly and impartially investigate all allegations of acts of torture or cruel, inhuman or degrading treatment or punishment by law-enforcement personnel and bring perpetrators to justice…”
Full investigation and prosecution of those in positions of authority (including but not limited to the Chicago Police Department, the Cook County State’s Attorney’s office and the Chicago Mayor’s office) who had knowledge of police torture but interfered in or prevented investigations and prosecutions of those responsible from taking place.
Order, and assist in, the payment of reparations to victims of police torture and their families; including providing for the full health and mental care needed to recover from the trauma of being tortured.
New trials for the twenty-six Chicago Police torture victims who were convicted of crimes based on coerced confessions and remain incarcerated in the State of Illinois.
Implementation of legislation that explicitly prohibits the crime of torture as defined by Article I of the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment and Punishment and maintain no statute of limitations for the crime of torture.

This Citizens’ Indictment is therefore issued to the United States of America and its agents; to the City of Chicago Police Department and its agents; and to the City of Chicago and its agents for violations of international law, the U.S. Constitution and U.S. domestic law as set forth below.

SUPREMACY CLAUSE OF THE UNITED STATES CONSTITUTION

The Constitution of the United States is the “supreme law of the land” and is binding upon all courts and jurisdictions in the United States. Treaties to which the United States is a party are also a central component of this “supreme law of the land” and are equally binding upon the United States and all government jurisdictions within the United States (including but not limited to states, counties and cities).

Article VI, Clause 2 of the Constitution states:

“This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.”

THE WRIT OF HABEAS CORPUS

Detainees held by the United States at Guantanamo and elsewhere are being denied the right to pursue the “writ of habeas corpus.” Essentially, the “writ of habeas corpus” is the right to be brought before a court of law and to be presented with the charges the government is pursuing against an individual. It is an essential right to protect people from the arbitrary and dictatorial abuse of power by the government.

The Writ of Habeas Corpus is an ancient right that predates even the Magna Carta. As enunciated in this foundational document of common law:

“…no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land.”

Habeas corpus is explicitly protected in the Constitution of the United States, which states in Article I, Section 9:

“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”

The U.S. has not been invaded nor does the U.S. government assert that the U.S. has been invaded when it sets forth its arguments for denying the writ of habeas corpus to detainees.

Yet in 2006, Congress passed the Military Commissions Act of 2006. Section 7 of this act explicitly denies habeas corpus to detainees:

”(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.

”(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.”

This denial of habeas corpus to detainees in the so-called “global war on terror,” held at Guantanamo, in Afghanistan, in secret prisons and elsewhere, is a flagrant violation of the U.S. Constitution. It denies the detainees the right to challenge their detention by the United States and to raise issues of torture, inhumane treatment, violations of international law and related matters in the courts of the United States.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

This treaty, to which the United States is a party, sets forth due process protections for those arrested and detained by a government. The United States is in violation of several aspects of this treaty, including failure to advise detainees of the charges against them; denial of the writ of habeas corpus to detainees; and denial of the right to redress wrongs committed against the detainee by the government and its agents.

Article 9 of this treaty states:

“1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

“2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

“3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

“4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

“5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.”

Each of these above enumerated rights are violated and denied to detainees under the Military Commissions Act of 2006 and other U.S. laws, statutes, rules and regulations.

INTERNATIONAL LAW AND TORTURE: The Geneva Conventions; Convention Against Torture; and other International Law

Geneva Conventions

Following the outrages of World War II, the international community came together to strengthen international law. Prohibitions on torture and degrading treatment were strengthened. Common Article 3 of the Geneva Conventions of 1949 specifically states:

“To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

“(a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

“(b) taking of hostages;

“(c) outrages upon personal dignity, in particular humiliating and degrading treatment;

“(d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”

International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights states in Article 7 that:

“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”

CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT

The United States is a party to this treaty and is thus bound by its terms. The terms of this treaty are especially significant to the manner in which the United States and its agents are acting.

Definition of Torture - Article 1

“1. For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.”

Cruel, Inhuman or Degrading Treatment of Punishment Prohibited - Article 16

Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.

Returning Detainees to Countries in Which Torture Occurs - Article 3

“1. No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”

Right to Redress of Grievances Following Torture - Articles 13 and 14

Article 13

“Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.”

Article 14

“1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.”

The United States and its agents have violated these provisions of international law in numerous ways, including but not necessarily limited to:

The denial of the writ of habeas corpus to detainees, which precludes detainees access to the courts of the United States under the Military Commissions Act of 2006 and other statutes, policies, procedures, rules and regulations.
The denial of access to the courts to detainees to seek redress of grievances after being subjected to torture and / or to cruel, inhumane and degrading treatment or punishment.
The United States transfers detainees to countries in which torture occurs at the hands of the government. Detainees have in fact been tortured after being transferred to certain countries. Cases of torture and / or cruel, inhumane and degrading treatment following transfer to Russia is documented in “The Stamp of Guantanamo: The Story of Seven Men Betrayed by Russia’s Diplomatic Assurances to the United States” (Human Rights Watch, March 2007). The experience of detainees transferred to Tunisia by the United States is detailed in the report “Ill-Fated Homecomings: A Tunisian Study of Guantanamo Repatriations” (Human Rights Watch, September 2007).
The United States engages in torture and cruel, inhuman, and degrading treatment of prisoners at Guantanamo and elsewhere, as documented, for example in the report “Report on Torture and Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantanamo Bay, Cuba” (Center for Constitutional Rights, July 2006).
The United States utilizes secret prisons and flights of extraordinary rendition to transfer, hold and deny detainees their rights guaranteed by international law. For a discussion of flights of rendition and the Central Intelligence Agency’s network of secret prisons see “Ghost Plane: The True Story of the CIA Rendition and Torture Program” by Stephen Grey.

SUBMITTED THIS 11TH DAY OF JANUARY, 2008 by Petitioners:

Kathy Kelly
Laurie Hasbrook
Gerald Paoli
Jeff Leys
Erin Cox
Ron Durham
Tony Hintze
Andrew Shantz
Will Tanzman
Cassandra Dixon

Report: U.S. War Crimes in Iraq and Mechanisms for Accountability

voices — Mon, 18 Dec 2006 19:57:25 -0600

Short Information Teaser

War Crimes Report shows US violations of International Law

Excerpt

October 10, 2006

War Crimes Report Shows US Violations of International Law and Demands Prosecution of US Military and Civilian Leaders

The violence of the Iraq War, the chaos that has come to Iraq, can be traced directly to the illegality of the invasion and occupation of that country and the illegality of the tactics and weapons being used to maintain the occupation. “U.S. War Crimes in Iraq and Mechanisms for Accountability” documents these violations and calls on us all to demand investigation and prosecution of violations of international law by military and civilian leaders.

Read the full report (pdf)

Body

October 10, 2006

War Crimes Report Shows US Violations of International Law and Demands Prosecution of US Military and Civilian Leaders

Read the full report (pdf)

The report was prepared by ConsumersforPeace.org with the advice of Karen Parker, noted lawyer in human rights and humanitarian law. Ms. Parker is President of the San-Francisco-based Association of Humanitarian Lawyers and Chief Delegate to the United Nations for the Los Angeles-based International Educational Development/Humanitarian Law Project (IED/AHL), an accredited non-governmental organization on the U.N. Secretary-General’s list.

Endorsements of War Crimes Committed by the United State in Iraq and Mechanisms for Accountability:

Howard Zinn, a historian, playwright, and social activist, is perhaps best known for A People’s History of the United States, which presents American history through the eyes of those he feels are outside of the political and economic establishment. He writes:

This report on the war crimes of the current administration is an invaluable resource, with a meticulous presentation of the evidence and an astute examination of international law.

Dahr Jamail, noted independent journalist who spent more than eight months reporting from occupied Iraq, writes the following about the report:

“I cannot endorse strongly enough this report prepared by Karen Parker regarding U.S. war crimes in Iraq. Having witnessed much of what is so well documented in this report, it is a clear and encompassing indictment of the Bush Administration for the war crimes they are directly responsible for in Iraq. Until evidence such as this begins to see the light of day in a court of law and the perpetrators brought to justice, the world remains unsafe and unstable from an administration determined to rule the world. After witnessing what they are capable of in Iraq, I have no doubt these people will not stop in their quest for world domination. Instead, they must be stopped. And the only way to do that is bring the guilty to justice. This document will help achieve that goal.”

Kathy Kelly, co-coordinator of Voices for Creative Non-Violence and three-time Noble Peace Prize nominee, has visited Iraq 28 times in the last 15 years. She writes:

“After spending four days in the fortified and secure Green Zone, in Iraq, during September ’06, former Secretary of State James Baker III assured that the investigative panel he led had not spent any time “wringing our hands over what mistakes might or might not have been created in the past.” (NYT, September 20, 2006). The “Consumers for Peace” report on war crimes committed in Iraq helps us understand our responsibility not to wring our hands but rather to demand accountability from elected representatives by delivering this report to them and to local media. How many people killed? How many families torn apart? How many homes destroyed? How many livelihoods gone? How many lives ruined? How many cities sacrificed? We bear responsibility to end the war in Iraq, insist on just reparations for suffering caused, and promote careful, legal scrutiny of the crimes committed. This report beckons all who read it to stop collaborating with illegal, immoral warmongers who recklessly afflict Iraq.”

Neil MacKay, multi-award winning Home Affairs and Investigations Editor of the Sunday Herald (Scotland), writes:

“What has happened in Iraq is a great sin and a great crime. The invasion and occupation have stained the concepts of democracy, freedom and liberty; and disgraced the good name of the people of both the United States of America and Great Britain. As a journalist who has investigated the roots of this war, and the on-going horror of what is happening in Iraq, I fully commend this report to readers. It is an important reminder of the blood which is on the hands of our leaders, and the shame that the governments of the UK and the USA have brought to the British and American people by perpetrating a criminal war in our name.”

Ann Wright, 29 year US Army veteran who retired as a Colonel and US diplomat who resigned in March, 2003 in opposition to the war in Iraq commented on the War Crimes Report:

“While in the US Army at Ft Bragg, NC, I taught to US military officers and noncommissioned officers the responsibilities of military forces under the Geneva Convention and the Law of Land Warfare, as well as the obligations of an Occupying Power.

The War Crimes Report is an extraordinarily comprehensive and important presentation of international law that governs the conduct of nations and their military forces. The Report documents the blatant violations of international and domestic law by the Bush administration and US military forces including the use of illegal military tactics and illegal weapons.

Because of a huge media failure in the United States, many Americans do not realize how many times the Bush administration has violated international law. But, the rest of the world knows very well the extent of these crimes.

As a retired military officer, I know that accountability is one of the foundation elements of the US military. The Bush administration has undercut the professionalism of our military forces by encouraging and condoning the violation of international and domestic war in treatment of detainees, torture and use of illegal tactics and weapons. For the sake of our own military we must demand accountability from civilian leaders, as well as our military forces. This report provides specific mechanisms for much-needed accountability of criminal behaviour by Bush administration policy makers and by US military forces.”

Charles Jenks, human rights attorney (1981), Past President of Traprock Peace Center (1998- 2005) and Chair of its Advisory Board, writes:

This war crimes report accurately and succinctly states the case that US officials in the Executive Branch and military have committed grievous war crimes in Iraq. Of course, this is not to say that US culpability stops at the Executive Branch and military. It was the US Congress that authorized the Bush Administration to go to war against Iraq and that has funded the war through every request made by the Executive Branch.

In addition to the fact that this was an illegal war to begin with, the war has been conducted in myriad ways that violate international humanitarian law, including the use of uranium munitions, chemical weapons (white phosphorus), cluster bombs, torture, the indiscriminate killing of civilians and laying waste to cities and the land.

No treatment of crimes, criminals or atrocities could completely describe the wrongs of this tragic conflict. This war crimes report strikes a balance. It manages to be concise at 37 pages, yet has sufficient scope, factual detail and exposition on the law to be useful in both considering the war crimes committed, and the grounds and theories of prosecution for those crimes. Further, it is a treasure trove of resources, with 120 notes and references.

December 18, 2006 revision