September Torture News Round-Up

1. Legal News: Spanish Court asking US DOJ for info on Bush-era Torture Practices: The Spanish Court, which announced its intent to investigate Bush administration officials on their role in the US torture program, is now officially requesting new information from the Holder DOJ.Though many cry foul at the Spanish investigating the US, the "Audiencia Nacional", or Spanish National Security Court maintains jurisdiction because Spanish citizens were some of the victims of the torture program. How the Holder DOJ responds is anybody's guess (mine is they won't), but this is the story to watch as an indicator of international legal momentum on the US torture program.

On a more frustrating domestic note, GOP senators have pulled out of the inquiry into the CIA torture plan. Apparently they are so outraged by Holder's decision to investigate the torture program that they refuse to take part in the Senate's effort to investigate the torture program. Huh?

2. Bagram News: The US has issued new guidelines granting significantly more rights to prisoners being held at Bagram Air Base in Afghanistan. Each detainee is being assigned one military official who will gather witnesses and evidence. They still don't get Geneva rights, lawyers or habeus corpus, but it's a step in the right direction.

3. Gitmo News: Some huge news on the Gitmo front. Apparently the January deadline that Obama set for closing Gitmo in the beginning of his presidency is no longer hard. Obama says he's committed to closing the prison, but that more time will be needed to process all the cases. According to Secretary of Defense Robert Gates, the deadline was good politics but "it's going to be tough" to meet the January deadline. As much of a blow as this is to those of us who think that the time to close Guantanamo for Obama was when he took office, he's at least releasing 75 of the 223 prisoners still in Gitmo. Though the prisoners still are being denied their basic rights, it's a relief to see that steps are being taken towards their release.

Obama Admin. contends that Bagram Detainees have no rights

Even as the Obama administration makes platitudes about closing Guantanamo and ending the US torture program, the DOJ filed a brief on September 14th asserting that, unlike Guantanamo detainees, prisoners in Afghanistan's Bagram air base have no rights whatsoever. Nada, zip.

The briefing appears to depend on a very narrow reading of the US Supreme Court ruling in Boumediene v. Bush which firmly established habeas corpus rights for Guantanamo detainees. The ACLU says in their statement that the DOJ has missed the entire point of the Boumediene ruling, and that it obviously upheld judicial review in all cases of detention.

This filing on the part of the Obama administration is deeply disappointing. What good is phasing out Guantanamo if, as the ACLU purports, the federal government can just send the detainees to Bagram instead, where they will have even less rights. Though the Obama administration is starting to give Bagram prisoners avenues to challenge their detentions, the prisoners' lack of habeas corpus rights is morally reprehensible.

For further reading see this ABC News Blog article.