Author Archives: Michael Froomkin

More Allegations of Torture at Gitmo

I missed this one when it came out last week (alterted via Ken Sain):

Swede reignites Guantanamo Bay torture fears. In his first interviews to the Swedish media, Mehdi Ghezali said US interrogators subjected him to a string of abuses, including being shackled for hours, sleep deprivation, no contact with the outside world, being forced to endure cold temperatures for up to 14 hours at a time and attempts to humiliate him sexually.

“There was always psychological torture, but the last month they used more physical torture,” Mr Ghezali told Swedish Radio.

His claims are in line with accounts from other Guantanamo detainees who have been released.

Swedish Radio's correspondent described Mr Ghezali as withdrawn, solemn and tired.

A devout Muslim, Mr Ghezali insisted he was not involved in terrorist activities.

“I don't think they would have released me if I were,” he told the radio.

He said he was arrested in December 2001 in Pakistan and turned over to US authorities who shipped him to Guantanamo in January 2002.

He claimed he was visiting a friend in Pakistan when local villagers captured him and sold him to Pakistani police, who then handed him over to the US.

Mr Ghezali said he was interrogated daily by US guards, but stopped answering their questions after the first six months. He said he remained silent for the next two years.

One time, the guards brought an American woman into his cell to try to get him to have sex with her.

“They tried to make me lose my faith. Maybe they wanted to use it against me so I would cooperate,” he said.

The only physical traces Mr Ghezali has from his detention are teeth in poor condition and the loss of feeling in part of his left foot after an ankle chain was clamped too tight.

There is indeed a striking consistency to the stories released detainees are telling. I suppose someone will suggest some sort of common plan or purpose on their part, but given the extent to which the detainees are kept isolated while being held that seems very unlikely.

An almost amusing footnote to this story is the Swedish public's annoyed reaction to the $67,425 cost of flying Mehdi-Muhammed Ghezali home.

Apparently, the US required a special flight direct from Gitmo, rather than taking him to, say, Miami and letting him board a commercial flight. (I imagine one reason for this is to prevent any detainee from setting foot in the US, with all the jurisdictional consequences that implies.)

Posted in Guantanamo | Comments Off on More Allegations of Torture at Gitmo

Red Cross Wants Information on Missing Detainees

I've been going on and on about whether the US is holding people in secret interrogation camps abroad. Now AP reports that the Red Cross Fears U.S. Is Hiding Detainees and has been expressing this concern to the US for some time without getting a satisfactory reply:

But Notari told The Associated Press that some suspects reported as arrested by the FBI on its Web site, or identified in media reports, are unaccounted for.

“Some of these people who have been reported to be arrested never showed up in any of the places of detention run by the U.S. where we visit,” Notari said.

She said she had read media reports that some people are being held at Diego Garcia, a British-held island in the Indian Ocean used as a strategic military base by the United States, but the ICRC has not been notified of any prisoners there.

“We just simply have absolutely no confirmation of this in any formal way,” she said.

The U.S. government has not officially responded to a Red Cross demand for notification of all detainees, including those held in undisclosed locations, she said.

That request was made by ICRC President Jakob Kellenberger in January during a visit to Washington that featured meetings with Secretary of State Colin Powell, Deputy Defense Secretary Paul Wolfowitz and National Security Adviser Condoleezza Rice.

“So far we haven't had a satisfactory reply,” Notari said.

This is a serious issue.

Posted in Law: International Law | 9 Comments

Eric Muller on the Difference Between Books and Precedents

Eric Muller, back from what looks like a great vacation, has some interesting things to say about how the Guantanamo, Hamdi, and Padilla cases amount to a repudiation of the basic thesis of Chief Justice Rehnquist's book on civil liberties in wartime, All the Laws But One.

Posted in Law: Constitutional Law | Comments Off on Eric Muller on the Difference Between Books and Precedents

New Law & Tech Journal Announcement and Call For Papers

My friends Peter Shane and Peter Swire are launching an interesting new law & tech journal to be called I/S: A Journal of Law and Policy for the Information Society. I/S will be published in cooperation between by Ohio State's Moritz's Center for Law, Policy and Social Science and the Heinz School's Institute for the Study of Information Technology and Society (InSITeS). (I've agreed to be on the editorial board, which means I'll occasionally review submissions.)

I've attached the official announcement.

Continue reading

Posted in Writings | 1 Comment

A Modern Parable

CNN reports that, “A church's plan for an old-fashioned book-burning” ran into an unexpected snag: the fire code.

Preachers and congregations throughout American history have built bonfires and tossed in books and other materials they believed offended God.

…just good ol' fashioned, traditional book-burning, who could object?

The Rev. Scott Breedlove, pastor of The Jesus Church, wanted to rekindle that tradition in a July 28 ceremony where books, CDs, videos and clothing would have been thrown into the flames.

…rekindle the tradition, geddit?

Not so fast, city officials said.

“We don't want a situation where people are burning rubbish as a recreational fire,” said Brad Brenneman, the fire department's district chief.

So it’s a rule of general application, not one aimed at political speech, and thus very likely consistent with the First Amendment.

I don’t know whether to be appalled at the idea of modern book-burning, amused at the effectiveness of this pettifogging regulatory obstacle, cheered by the thought of book-burners who can be stopped by an anti-pollution ordinance, or fearful of how this is going to be spun as a symbol of the evils of the modern regulatory state…

Posted in Kultcha | 7 Comments

Politcal Music! Yay!

Sea Lion Records has made Election Day USA, a CD compilation of anti-Bush, anti-war music, free for download as .mp3s. I'm a sucker for political songs—even those I disagree with, so I enjoyed these even if they're not all musically top-notch. Besides, I agreed with most of them. And, some of them are pretty good on any terms, especially (in no particular order),

… and then there's the Sonofa Bush rap which isn't my sort of thing, but will appeal to some.

Why does all this remind me of The Folk Song Army?

Bonus, funny, equal-opportunity-offender (from jibjab, via half the blogs in the world, which is probably why sever keeps saying it's overloaded): Jibjab does This Land

Posted in Politics: US | 10 Comments