Exporting Rights Violations

Exporting Rights Violations
America should be cautious lest it reaps what it sows

By SAMAD KHURRAM

The Bill of Rights—the essence of American civil liberties—contains crucial provisions for protecting free speech, due process, and a fair and speedy trial among other things. The U.S. Constitution, in turn, was arguably a precedent for Universal Declaration of Human Rights. One might assume that as the descendants of this tradition, the people and the government of the United States would believe in the universal application of human rights around the world.

However, the opposite is the case–at least for now. Ever since the War on Terror began, the Bush administration has been infringing on the civil liberties and rights of American citizens. It started off with a bill with an unnecessarily long and now infamous name: the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. After a series of bills, the Military Commission Acts was adopted in 2006 and gave the U.S. President absolute powers to label a non-American citizen an enemy of the state, imprison him without charging him with a crime, and deny him the right to due process. In view of the fact that this act is obvious breach of the Bill of Rights, The American Civil Liberties Union (ACLU) has called it a rejection of core American values.

Since this does not affect American citizens’ right to habeas corpus and a fair trial directly, perhaps they should not be worried too much about it. Many would argue that with the unprecedented complexities of determining enemy actions in the War on Terror, the ordinary procedures of establishing crime may not be effective and that some liberties must be forsaken for increased homeland security. Perhaps allowing the government to monitor your phone calls is prudent if it prevents future terrorist attacks.

However, American citizens should be aware of the record of its government’s record abroad when there is no constitutional or judicial oversight over their actions. A government that disregards human values abroad, engages in torture, and arbitrarily detains people without a fair trial would have serious credibility question marks. How could citizens trust such a regime for their protection?

The Bush administration is such a regime. As Guantánamo Bay enters its seventh reprehensible year, it seems unlikely that truth about it will ever come out. The only reports of what happens inside of Guantánamo are leaked memos and words of some of captives who are lucky enough to be released. Most of these in detention inside Guantánamo are likely to remain there forever—lest they come out and speak of their torture ordeals, claims an attorney at the ACLU.

Guantánamo is only one small part of a series of serious human rights violations around the world. The CIA has been actively involved in an “extraordinary rendition” program under which possible suspects are arrested and flown to territories outside U.S. jurisdiction and interrogated by U.S. and foreign officials. The ACLU claims that one German citizen, El-Masri, was kidnapped by the CIA, taken to a “black site” in Afghanistan, tortured for two months, and eventually abandoned on a hillside in Albania without any explanation or charges.

And this is not an isolated example. Just in Pakistan, over 4,000 people have been arrested in connection with suspected terrorism. Half of them were handed over to foreign countries, and some of them resurfaced in Guantanamo Bay after being missing for months. Many of them were picked up without the knowledge of their families and hence were simply termed as “missing people”. After having her husband disappear mysteriously, a brave woman, Amina Janjua, was able to identify that her husband was indeed in the custody of the intelligence agencies in Pakistan. She challenged his detention, as well as that of the other Pakistanis, to the Supreme Court of Pakistan. The Supreme Court was hardly able to get a handful of these people brought to court, but then President Musharraf of Pakistan sacked over 60 of the judges of the High and Supreme courts of Pakistan. Most Pakistanis see this coming with American blessing and anti-American sentiment in Pakistan is at a record high.

As a result of the lack of due process, transparency, and judicial oversight, policy assessments and analysis have become increasingly suspect. Are these often pre-emptive arrests preventing terrorism? Are they really needed? Policy debates are difficult without access to information and media inquiries.

Furthermore, the Bush Administration does not take into account the fact that detainees are real humans who have real families. By denying these captives a fair trial, the U.S. government is only further antagonizing many people—each of these extraordinary renditions may result in thousands of people turning against the U.S. If one of the reasons behind terrorist attacks against the U.S. is anti-American sentiment, one must wonder why such an antagonizing step is constantly used.

Not everyone is as noble as Amina Janjua. Some will equate justice to revenge, and in the absence of a judiciary they can trust will take matters in their own hands. The Bush Administration would be partially responsible if a family member of any of these “missing people” ends up attacking a U.S. embassy.

Samad Khurram ’09 is a government concentrator in Winthrop House. His column appears on alternate Tuesdays.

The 'Marsia' of Our Time: Story of Pakistan’s Missing - Part 1

The most tragic part of Saud Memon’s story is the fact that he never told it. He never could. Not because of any curtailment of the freedom of speech, not because of political pressure, not because he didn’t want to. He could not tell the world about what goes on in Guantanamo Bay or in ISI’s cells in Pakistan. He died before that.

In its 60-year history, the Supreme Court of Pakistan could not have witnessed a more tragic scene than what it saw on May 4th, 2007: A 44-years-old emaciated man, reduced to 80 pounds, was produced before the Court, lying on a stretcher. Abducted by the security agencies in 2003, he had been kept in detention in Guantanamo Bay, then in Afghanistan and finally in ISI’s torture cells in Pakistan. He had survived Guantanamo. He survived Afghanistan. But ISI took him. Finally, as a result of a nationwide campaign by families of the missing people, and the Supreme Court’s suo moto intervention, the government was forced to release him. They dumped him in a garbage heap near his house, after beating him to a pulp. Some neighbors recognized him and brought him home. He could neither walk nor hold his head. A week later he was presented before the country’s Supreme Court which had managed to make the ISI capitulate

As many in his audience were brought to tears, advocate Shaukat Akhtar Siddiqui proclaimed, “This skeleton of a man has a reward of Rs3 million on his head in the Red Book of our Interior Ministry,” pointing to the emaciated body of Saud Memon.

The FBI had arrested Mr Memon, 44, on March 7, 2003, because Daniel Pearl’s body had been found on a plot of land allegedly owned by him. He was never given a chance to defend, because a case was never filed against him. He was not even arrested because then he'd have to be presented before a court. There was so little evidence to link him with that crime that he could not even have been indicted before any court, in Pakistan or the US. The governments in Pakistan and the United States, though, couldn’t care less. Daniel Pearl was dead and someone or another had to be framed. Saud Memon was unlucky enough.

On Saturday, May 18, 2007 only 20 days after his was finally released from illegal detention, he died of meningitis and brain TB - all that he had gone through in the US’s and Pakistan’s torture cells simply killed him.

As Muharram wanes, the victims of Karbala must not wither from our memories. Here in the our midst, quite bemoaned remains a son of the nation, Saud Memon – on of the most tragic victims in Pakistan’s history - and hundreds of other missing people still languish in torture cells. If the text-books that we teach our kids are to bear the names of martyrs and victims, then shoulder to shoulder with all those soldiers should be standing (or lying down) this victim of the government’s brutality, and, perhaps, our own insensitivity. Indeed, the true marsia of our times is the story of Pakistan’s missing – a story that we must sit in a majalis to weep over, in the hope that by this public admission of guilt and expression of remorse, a nation that has so brutally wronged so many of its sons and daughter may be forgiven. May it be that in this weeping, we find atonement for our sins.

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This was essentially the message of an event arranged today by the Rule of Law Project and LUMS Law & Politics Society.

More on this tomorrow