The torture of disabled children in American schools

April 18, 2013 by Peter · Leave a Comment 

If this isn’t torture, I’m not sure what is:

Rose had speech and language delays. At school, her mother and I found Rose standing alone on the cement floor of a basement mop closet, illuminated by a single light bulb. There was nothing in the closet for a child — no chair, no books, no crayons, nothing but our daughter standing naked in a pool of urine, looking frightened as she tried to cover herself with her hands. On the floor lay her favorite purple-striped Hanna Andersson outfit and panties.

Rose got dressed and we removed her from the school. We later learned that Rose had been locked in the closet five times that morning. She said that during the last confinement, she needed to use the restroom but didn’t want to wet her outfit. So she disrobed. Rather than help her, the school called us and then covered the narrow door’s small window with a file folder, on which someone had written “Don’t touch!”

We were told that Rose had been in the closet almost daily for three months, for up to an hour at a time. At first, it was for behavior issues, but later for not following directions. Once in the closet, Rose would pound on the door, or scream for help, staff members said, and once her hand was slammed in the doorjamb while being locked inside.

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Bush is getting a pass for torture, but could he face legal problems outside the U.S.?

November 12, 2010 by Peter · Leave a Comment 

I’ve been following the astonishing callousness and carelessness with which George W. Bush admits to having authorized torture:

The U.S. media long ago determined that George W. Bush’s transgressions have ceased to be newsworthy. One of the reasons is that the Obama administration made the disastrous decision not to investigate Bush. That cop-out allows Bush to freely admit he approved torture…

Tom Malinowski, the Washington advocacy director for Human Rights Watch, said, “Waterboarding is broadly seen by legal experts around the world as torture, and it is universally prosecutable as a crime. The fact that none of us expect any serious consequences from this admission is what is most interesting.”

M. Cherif Boussiani, an emeritus law professor at DePaul University who co-chaired the U.N. experts committee that drafted the torture convention, said that Bush’s admission could theoretically expose him to prosecution. But he also said Bush must have presumed that he would have the government’s backing in any confrontation with others’ courts.

Georgetown University law professor David Cole, a long-standing critic of Bush’s interrogation and detention policies, called prosecution unlikely. “The fact that he did admit it suggests he believes he is politically immune from being held accountable. . . . But politics can change.”

Here’s an interesting perspective:

Now that President Bush is back with an autobiographical book defending his tenure, so are those who want him arrested for torture. In this article from France’s Rue 89, Jean-François Lisee informs that every country – all 146 of them – that are signatories to the U.N. Convention Against Torture, are obliged to arrest Mr. Bush, and Lisee points out that a few have already begun proceedings against Bush Administration officials.

For the Rue 89, Jean-François Lisee writes in part:

If no action is taken against Bush in his home country, that opens the possibility of indictment in a third country.

A total of 145 other countries, including Canada, are signatories to the U.N. Convention Against Torture. And all signatories have committed to enforcing its provisions, even against offenders residing in other territories.

Therefore, with varying degrees of success, proceedings have been initiated in Spain and Belgium against foreign heads of state, notably the Chilean Pinochet. Water boarding is now considered a form of torture worldwide, and those responsible must be prosecuted.

In fact, a court in Madrid last January opened proceedings against Bush advisers who wrote memos illegally authorizing the use of torture. The case is pending, but the issue was pursued precisely because no American authority took action against the officials responsible.

It’s a safe bet that George W. Bush is now in the crosshairs of the Spain tribunal. If it were to condemn him, even in absentia, he would then be subject to the mutual extradition treaty in force among 24 European countries. In other words, Bush couldn’t travel to any of these countries without incurring the risk of being deported to Spain to serve out his sentence.

Bush’s bombshell: I broke the law

November 4, 2010 by Peter · 2 Comments 

This story should be as big as the midterms, but it won’t be. The U.S. media long ago determined that George W. Bush’s transgressions have ceased to be newsworthy. One of the reasons is that the Obama administration made the disastrous decision not to investigate Bush. That cop-out allows Bush to freely admit he approved torture:

Human rights experts have long pressed the administration of former president George W. Bush for details of who bore ultimate responsibility for approving the simulated drownings of CIA detainees, a practice that many international legal experts say was illicit torture. In a memoir due out Tuesday, Bush makes clear that he personally approved the use of that coercive technique against alleged Sept. 11 plotter Khalid Sheik Mohammed, an admission the human rights experts say could one day have legal consequences for him.

In his book, titled “Decision Points,” Bush recounts being asked by the CIA whether it could proceed with waterboarding Mohammed, who Bush said was suspected of knowing about still-pending terrorist plots against the United States. Bush writes that his reply was “Damn right” and states that he would make the same decision again to save lives, according to a someone close to Bush who has read the book.

Tom Malinowski, the Washington advocacy director for Human Rights Watch, said, “Waterboarding is broadly seen by legal experts around the world as torture, and it is universally prosecutable as a crime. The fact that none of us expect any serious consequences from this admission is what is most interesting.”

M. Cherif Boussiani, an emeritus law professor at DePaul University who co-chaired the U.N. experts committee that drafted the torture convention, said that Bush’s admission could theoretically expose him to prosecution. But he also said Bush must have presumed that he would have the government’s backing in any confrontation with others’ courts.

Georgetown University law professor David Cole, a long-standing critic of Bush’s interrogation and detention policies, called prosecution unlikely. “The fact that he did admit it suggests he believes he is politically immune from being held accountable. . . . But politics can change.”

The disparate threads of 2009/2010 politics come together in this admission:

First, it reminds us how radical Bush really was and why America recoiled in disgust, lurched left and elected a Democratic president.

Second, it highlights the irresponsibility of the press, who should be blasting this on every front page. Remember, the media still has agenda setting power and tells the public what matters.

Third, it bring into stark relief the political and moral tone-deafness of the Obama White House. If you can’t hold an American president accountable for breaking the law on a matter as grave as torture, then you have no moral authority — and questionable political acumen.

Fourth, it explains why someone like Sarah Palin can get elected president.

Fifth, it is yet another vindication of the progressive community, whose warnings about Bush, Cheney, Rumsfeld, Bybee, Yoo, Rove, Rice, Ashcroft, etc. have proven to be prescient.

The final insult is that it takes Darrell Issa to threaten investigations of Bush while Democrats mope around after their midterm drubbing:

Rep. Darrell Issa (R-Calif.) pledged on Wednesday to investigate both Barack Obama and George W. Bush with his newfound subpoena power when he takes over as chairman of the House Oversight and Government Reform Committee.

“I’m going to be investigating a president of my own party, because many of the issues we’re working on began [with] President Bush or even before, and haven’t been solved,” Issa said during an interview on MSNBC’s “The Daily Rundown.”

America is not America if we lose our moral compass. It matters not one iota if round-the-clock indoctrination by the rightwing noise machine numbs the majority of our citizens and makes the unacceptable acceptable to them. The rest of us must speak out forcefully in defense of the fundamental principles that undergird our nation.

Don’t listen to me, listen to the Bible: “For what shall it profit a man, if he shall gain the whole world, and lose his own soul?

UPDATE: Marcy raises an intriguing point about Bush’s confession:

At least from Smith’s description, it appears that Bush says nothing about approving the waterboarding of Abu Zubaydah (nor the reported waterboarding of Ibn Sheikh al-Libi). Mind you, Ron Suskind has reported that Bush was intimately, almost gleefully, involved in ordering torture for Abu Zubaydah. But Bush doesn’t cop to that in his book. Now, there may be good reason for that. After all, John Yoo had not yet written the memo claiming that waterboarding did not amount to torture at the time Abu Zubaydah was first tortured.

According to multiple reports, the White House–Alberto Gonzales at least, if not his boss–approved the torture of Abu Zubaydah on a daily basis. And when you read the Bybee Memo and the OPR Report on it, it’s very clear that the memo carved out legal authorization specifically for the torture directly authorized by the President. Indeed, the White House’s prior approval for torture–potentially up to and including waterboarding–may explain the urgency behind the memo in the first place, to provide retroactive legal cover for Bush’s unilateral disregard for US laws prohibiting torture.