Former Gitmo Guard Recalls Abuse, Climate of Fear

February 15, 2009, San Juan, Puerto Rico – Army Pvt. Brandon Neely was scared when he took Guantanamo’s first shackled detainees off a bus. Told to expect vicious terrorists, he grabbed a trembling, elderly detainee and ground his face into the cement — the first of a range of humiliations he says he participated in and witnessed as the prison was opening for business.

Watch MSNBC News Interview: http://www.youtube.com/watch?v=QrdQ6s5zKl4&eurl

Neely has now come forward in this final year of the detention center’s existence, saying he wants to publicly air his feelings of guilt and shame about how some soldiers behaved as the military scrambled to handle the first alleged al-Qaida and Taliban members arriving at the isolated U.S. Navy base.

His account, one of the first by a former guard describing abuses at Guantanamo, describes a chaotic time when soldiers lacked clear rules for dealing with detainees who were denied many basic comforts. He says the circumstances changed quickly once monitors from the International Committee of the Red Cross arrived.

The military says it has gone to great lengths in the seven years since then to ensure the prisoners’ safe treatment. “Our policy is to treat detainees humanely,” said Navy Cmdr. Jeffrey Gordon, a Pentagon spokesman.

After the Sept. 11 attacks and the swift U.S. military response in Afghanistan, the Bush administration had little time to prepare for the hundreds of prisoners being swept up on the battlefield. The U.S. Southern Command was given only a few weeks notice before they began arriving at Guantanamo Bay Naval Base in Cuba — a locale thought to be beyond the reach of U.S. and Cuban law. The first arrivals were housed in cages that had been used for Haitian migrants almost a decade earlier.

Now President Barack Obama is committed to closing the prison and finding new ways of handling the remaining 245 detainees as well as any future terror suspects. Human rights groups say his pledge to adhere to long established laws and treaties governing prisoner treatment is essential if the United States hopes to prevent abuses in the future.

“If Guantanamo has taught us anything, it’s the importance of abiding by the rule of law,” said Jennifer Daskal, senior counterterrorism counsel for Human Rights Watch.

Or as Neely put it in an interview with The Associated Press this week, “The stuff I did and the stuff I saw was just wrong.”

Neely, a burly Texan who served for a year in Iraq after his six months at Guantanamo, received an honorable discharge last year, with the rank of specialist, and now works as a law enforcement officer in the Houston area. He is also president of the local chapter of Iraq Veterans Against the War.

An urge to tell his story led him to the University of California at Davis’ Guantanamo Testimonials Project, an effort to document accounts of prisoner abuse. It includes public statements from three other former guards, but Neely was the first to grant researchers an interview. He also spoke extensively with the AP.

Testimony from the other guards echoes some of Neely’s concerns. One of the other guards, Sean Baker, described in an interview with CBS’ “60 Minutes” how he was beaten and hospitalized by fellow soldiers in a January 2003 training drill in which he wore an orange jumpsuit to play the role of a detainee.

Terry C. Holdbrooks Jr. told the Web site cageprisoners.com in an interview this month that he saw several abuses during his service at Guantanamo in 2003, including detainees subjected to cold temperatures and loud music, and he later converted to Islam.

Neely, 28, describes a litany of cruel treatment by his fellow soldiers, including beatings and humiliations he said were intended only to deliver physical or psychological pain.

A spokeswoman for the detention center, Navy Cmdr. Pauline Storum, said she could not comment on “what one individual may recall” from seven years ago. “Thousands of service members have honorably carried out their duties here in what is an arduous and scrutinized environment,” she said.

Neely’s account sheds new light on the early days of Guantanamo, where guards were hastily deployed in January 2002 and were soon confronted by men stumbling out of planes, shackled and wearing blackout goggles. They were held in chain-link cages and moved to more permanent structures three months later.

The soldiers, many of them still in their teens, had no detailed standard operating procedures and were taught hardly anything about the Geneva Conventions, which provide guidelines for humane treatment of prisoners of war, Neely said, though some learned about them on their own initiative.

“Most of us who had everyday contact with the detainees were really young,” he said in the AP telephone interview.

Army Col. Bill Costello acknowledged that Guantanamo-specific procedures developed over time, but insisted that the guards had strict direction from the start. “This was a professional guard force,” said Costello, who served as a Guantanamo spokesman during its first months and now speaks for the U.S. Southern Command in Miami, which oversees the base.

Only months had passed since the Sept. 11 attacks, and Neely said many of the guards wanted revenge. Especially before the first Red Cross visit, he said guards were seizing on any apparent infractions to “get some” by hurting the detainees. The soldiers’ behavior seemed justified at the time, he said, because they were told “these are the worst terrorists in the world.”

He said one medic punched a handcuffed prisoner in the face for refusing to swallow a liquid nutritional supplement, and another bragged about cruelly stretching a prisoner’s torn muscles during what was supposed to be physical therapy treatments.

He said detainees were forced to submit to take showers and defecate into buckets in full view of female soldiers, against Islamic customs. When a detainee yelled an expletive at a female guard, he said a crew of soldiers beat the man up and held him down so that the woman could repeatedly strike him in the face.

Neely says he feels personally ashamed for how he treated that elderly detainee the first day. As he recalls it, the man made a movement to resist on his way to his cage, and he responded by shoving the shackled man headfirst to the ground, bruising and scraping his face. Other soldiers hog-tied him and left him in the sun for hours.

Only later did Neely learn — from another detainee — that the man had jerked away thinking he was about to be executed.

“I just felt horrible,” Neely recalled.

Neely grew up in a military family in Huntsville, Texas, and said he initially saw the Army as a career. He says his experiences led him to see the treatment of detainees and the Iraq invasion as “morally wrong.” He refused to return to active duty when called up from the Inactive Ready Reserves in 2007 and ignored repeated letters threatening penalties.

Neely acknowledged that by talking about his experiences, he also has broken the nondisclosure pledge he signed before leaving Guantanamo. He also says a lawyer told him the document he signed could not be enforced.

Storum said guards receive “operational security debriefings” on their way out of Guantanamo “so that personnel are mindful of their responsibilities and are made aware of what can be openly discussed in a public forum.”

Interviews with former guards are rare. The military allows journalists visiting Guantanamo to interview active-duty guards at the base, but they are hand-picked by the military and speak in the presence of public affairs officers.

Neely said discussing his experience now has helped put it behind him. “Speaking out is a good way to deal with this,” he said.
On the Net:

    * The Guantanamo Testimonials Project: http://humanrights.ucdavis.edu

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Negligence Suit Blames VA in Man’s Death

February 16, 2009 – The widow of a mentally distressed man who fell to his death from the roof of the Veterans Affairs Medical Center after seeking help there is suing doctors for $4.5 million.

The suit claims that emergency room doctors who saw Jon Jacobsen on Feb. 5 and 6, 2007, failed to give him medication or keep him in a secure room even though he’d had seizures that led him to talk about killing himself.

“Mr. Jacobsen served his country as a veteran, and when he needed us, we weren’t there,” said attorney Richard Rogers, who filed the suit earlier this month in Multnomah County Circuit Court.

Jacobsen, 50 and a father of two young boys, served in the U.S. Army from 1977 to 1979 in the 2nd Infantry Division and in the 2nd Armored Division in Korea as a helicopter crew chief. He had a long-standing seizure disorder and psychosis, stemming from his service to his country, Rogers said.

The suit names as defendants four doctors and Oregon Health & Science University, because although Jacobsen was admitted to the Veterans Affairs Medical Center, doctors work at both hospitals and paperwork listed OHSU, Rogers said.

A spokesman for OHSU declined to comment on the suit because it’s pending litigation. According to Rogers and the suit:

On Feb. 3, 2007, Jacobsen’s wife, Lynette Jacobsen, brought him to Portland Adventist Medical Center where he was given medication, put in a secure room, observed overnight and released the next day when he was feeling better.

But at about 5 p.m. on Feb. 5, 2007, he was again delusional and Jacobsen’s wife brought him to the Veterans Affairs Medical Center in Portland after calling a doctor there. Emergency room doctors saw him but didn’t give him medication and placed him on an unlocked neurology floor.

“He immediately began trying to leave the unit,” Rogers said. He also asked staff to kill him, according to the suit.

Doctors put a mental-health hold on Jacobsen, but still did not lock him up. At about 6 a.m., he was found standing on the edge of the roof. A Portland police officer spent an hour trying to talk him down — a scene caught on surveillance video.

“It’s an awful video to watch,” said Rogers, stating that Jacobsen can be seen repeatedly looking at the officer, then looking away.

“All of a sudden, he falls off the roof,” Rogers said.

Aimee Green:503-294-5119; aimeegreen@news.oregonian.com

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Cohen Seeks Inquiry into Firing of VA Psychologist

February 15, 2009 – Congressman Steve Cohen has requested an investigation of a popular psychologist’s termination from  Memphis Veterans Medical Center for her handling of a phone call from a distraught Iraq war veteran.

The Memphis democrat last week confirmed he sent a letter to Secretary of Veterans Affairs Eric Shinseki, asking for an inquiry.

Cohen compared the popularity of clinical psychologist Sidney Ornduff to that of Florence Nightingale, the 19th-century nurse known for advising and comforting wounded soldiers.

“I want him to investigate and see what happened, to look into that case and, if possible, encourage her to come back because I think she’s a star,” he said, adding that it’s wrong for the administration and veterans to lose Ornduff as a resource.

Cohen’s letter marks the latest development in a nearly two-year ordeal that began in the early-morning hours of April 2, 2007, when veteran Jared Rhine called the Memphis VA and demanded to speak to Ornduff. The clinical psychologist was coordinator of a six-week residential program for veterans suffering combat-related post-traumatic stress disorder.

Rhine, who lives in West Plains, Mo., had completed the program just two days before the call. He told the medical administrative assistant he had a gun and a phone and chose to contact Ornduff instead of hurting himself.

The assistant patched Rhine through to Ornduff’s home phone. After more than two hours, the psychologist convinced Rhine not to hurt himself and go to bed.

Soon after Rhine hung up, local police officers entered his bedroom, used a Taser on him and took him to the hospital. An emergency room doctor allowed Rhine to go home after determining he wasn’t a danger to himself or anyone else.

Ornduff said when her phone rang again that night, the administrative assistant told her a West Plains police officer wanted to speak to her.

The administrative assistant had listened to the entire phone call, she said, and relayed information to police.

In September 2007, after an internal investigation into Ornduff’s handling of the phone call, she was fired. The hospital claimed Ornduff exhibited questionable clinical judgment.

A federal arbitrator’s decision last September called her termination “totally unreasonable,” restored her to the coordinator position and awarded her back pay. Ornduff returned to the VA in October but was given administrative responsibilities and no patient contact. Within weeks, she resigned.

Ornduff said Friday she’s heartened by Cohen’s intervention, adding that his support underscores the impact the case has had on her and the veteran community.

“It feels like there is validation,” she said. “It’s unfortunate that it took someone outside of the VA system to finally acknowledge that what happened to me was wrong,” she said.

Some veterans were surprised to hear about the congressman’s request.

“What I’d like to see happen is Dr. O vindicated in full and have a full apology,” said Ken Fields, a Vietnam veteran from Jonesboro, Ark. “Every one of us would love to have her back.”

Rhine, the veteran who made the early-morning call, said he’s glad someone is seeking an investigation.

“I already know she done the right thing,” he said. “But I still want (an investigation) to happen. That way everybody else will know what I already know.”

Memphis VA spokeswoman Willie Logan released a statement Friday saying the agency wasn’t aware of Cohen’s letter but would respond to any request made by Shinseki.

— Kristina Goetz: 529-2380

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Blackwater Becomes Xe to Hide from Controversial Mercenary Killings During Iraq War

February 13, 2009 – Blackwater Worldwide is abandoning its tarnished brand name as it tries to shake a reputation battered by oft-criticised work in Iraq, renaming its family of two dozen businesses under the name Xe. The parent company’s new name is pronounced like the letter z. [Note: Blackwater Worldwide was once Blackwater USA.]

Blackwater Lodge & Training Centre — the subsidiary that conducts much of the company’s overseas operations and domestic training — has been renamed US Training Centre Inc., the company said today.

The decision comes as part of an ongoing rebranding effort that grew more urgent following a September 2007 shooting in Iraq that left at least a dozen civilians dead. Blackwater president Gary Jackson said in a memo to employees the new name reflects the change in company focus away from the business of providing private security.

“The volume of changes over the past half-year have taken the company to an exciting place and we are now ready for two of the final, and most obvious changes,” Jackson said in the note.

In his memo, Jackson indicated the company was not interested in actively pursuing new private security contracts. Jackson and other Blackwater executives said last year the company was shifting its focus away from such work to focus on training and providing logistics.

“This company will continue to provide personnel protective services for high-threat environments when needed by the US government, but its primary mission will be operating our training facilities around the world, including the flagship campus in North Carolina,” Jackson said.

The company has operated under the Blackwater name since 1997, when chief executive Erik Prince and some of his former Navy Seal colleagues launched it in north-eastern North Carolina, naming their new endeavour for the area swamp streams that run black with murky water. But the name change underscores how badly the Moyock, North Carolina-based company’s brand was damaged by its work in Iraq.

In 2004, four of its contractors were killed in an insurgent ambush in Fallujuah, with their bodies burned, mutilated and strung from a bridge. The incident triggered a US siege of the restive city.

The September 2007 shooting in Baghdad’s Nisoor Square added to the damage. The incident infuriated politicians both in Baghdad in Washington, triggering congressional hearings and increasing calls that the company be banned from operating in Iraq.

Last month, Iraqi leaders said they would not renew Blackwater’s license to operate there, citing the lingering outrage over the shooting in Nisoor Square, and the US state department said later it will not renew Blackwater’s contract to protect diplomats when it expires in May.

Blackwater spokeswoman Anne Tyrrell said the company made the name change largely because of changes in its focus, but acknowledged the need for the company to shake its past in Iraq.

“It’s not a direct result of a loss of contract, but certainly that is an aspect of our work that we feel we were defined by,” Tyrrell said.

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Binyam Mohamed Torture Evidence ‘Hidden from Obama’

February 11, 2009 – US defence officials are preventing Barack Obama from seeing evidence that a former British resident held in Guantánamo Bay has been tortured, the prisoner’s lawyer said last night, as campaigners and the Foreign Office prepared for the man’s release in as little as a week.

Clive Stafford Smith, the director of the legal charity Reprieve, which represents Ethiopian-born Binyam Mohamed, sent Obama evidence of what he called “truly mediaeval” abuse but substantial parts were blanked out so the president could not read it.

In the letter to the president [PDF] , Stafford Smith urges him to order the disclosure of the evidence.

Stafford Smith tells Obama he should be aware of the “bizarre reality” of the situation. “You, as commander in chief, are being denied access to material that would help prove that crimes have been committed by US personnel. This decision is being made by the very people who you command.”

It is understood US defence officials might have censored the evidence to protect the president from criminal liability or political embarrassment.

The letter and its blanked-out attachment were disclosed as two high court judges yesterday agreed to reopen the court case in which Mohamed’s lawyers, the Guardian and other media are seeking disclosure of evidence of alleged torture against him. Mohamed’s lawyers are challenging the judges’ gagging order, claiming that David Miliband, the foreign secretary, changed his evidence.

In a judgment last week, Lord Justice Thomas and Mr Justice Lloyd Jones stated repeatedly that Miliband claimed the US had threatened to stop sharing intelligence with the UK if information relating to Mohamed’s alleged torture was disclosed. Miliband subsequently denied the US had applied such pressure. The case will be reopened next month.

After a meeting with Mohamed’s US-appointed military lawyer, Lieutenant Colonel Yvonne Bradley, Miliband said yesterday that the US had granted permission for Foreign Office officials to visit Mohamed. The Foreign Office said the officials would be joined by a Metropolitan police doctor, who would accompany Mohamed back to the UK if he is released.

Stafford Smith said he believed this trip was to check Mohamed was fit to fly after the hunger strike that he has maintained for over a month. He stressed that no date for his client’s release had been fixed, but “I think we’re talking about a week, I sincerely hope so”.

Millband said the US administration had agreed to treat Mohamed’s case as “a priority”, adding that Britain was working with Washington for “a swift resolution”. Bradley said later: “We haven’t been given any specific date about Mr Mohamed’s release.”

Earlier, she told a press conference that Mohamed’s treatment “would make waterboarding seem like child’s play”.

Bradley and Stafford Smith yesterday met in private with members of the intelligence and security committee, the group of MPs and peers facing mounting criticism in Westminster over claims it failed to effectively scrutinise the activities of MI5. Stafford Smith said he told the committee it would have been “absolutely impossible” for it to have cleared MI5 of involvement in the torture of Mohamed had it seen 42 key documents in the case – as he has – that Miliband says cannot be released for reasons of national security.

Bill Delahunt, a senior Democrat congressman and chairman of the House of Representatives subcommittee on human rights and oversight, said: “We cannot let our governments stonewall … I take offence at the idea that secrecy is being maintained in order to preserve national security.” He told the all-party committee on rendition: “The treatment of detainees has done great harm to the security of both our nations.”

Lieutenant Colonel Nigel Wylde, who worked in intelligence in Northern Ireland, told the committee: “The use of torture is utterly counterproductive because it breeds hatred against us and encourages people to become extremists.”

David Davis, a former shadow home secretary, said torture was wrong morally and legally, ineffective and undermined the safety of British people. “Was the government involved, was it a matter of policy or a matter of freelancing – failure of policy or a failure of control?”

The Liberal Democrat foreign affairs spokesman, Edward Davey, said: “Miliband’s bad judgment in blocking the courts from publishing this evidence of torture is being compounded by his refusal to press the new Obama administration to disclose this evidence freely.”

Read the letter here.

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Feb 17, VCS Torture FOIA Lawsuit Update: Hearing Delayed 30 Days

UPDATE: This Hearing Has Been Cancelled as of 4PM February 17, But Will Be Re-scheduled.

February 17, 2009, New York – February 17 – A federal judge will hold a hearing tomorrow to examine the Obama administration’s request for a 90-day delay of an American Civil Liberties Union/Veterans for Common Sense lawsuit concerning public access to controversial Bush-era legal memos. The memos, written by the Justice Department’s Office of Legal Counsel (OLC), supplied the basis for the Bush administration’s torture and rendition programs. The hearing is scheduled for tomorrow, February 18 at 3:00 p.m. in the U.S. District Court for the Southern District of New York.

Among the memos still being withheld are those written by Steven J. Bradbury when he was the acting-head of OLC. They are believed to have authorized the CIA to use extremely harsh interrogation methods, including waterboarding.

In October 2003, the ACLU – along with the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense and Veterans for Peace – filed a request under the Freedom of Information Act (FOIA) for records concerning the treatment of prisoners in U.S. custody abroad. To date, more than 100,000 pages of government documents have been released in response to the ACLU’s FOIA lawsuit.

WHAT:
A hearing to examine the Obama administration’s request for a 90-day delay of an ACLU lawsuit seeking Bush administration torture memos

WHO:
Jenny-Brooke Condon of the law firm Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C will be arguing before Judge Alvin Hellerstein; ACLU attorneys Jameel Jaffer and Amrit Singh will be present to answer questions

WHEN:
Tomorrow, Wednesday, February 18, 2009
3:00 p.m. EST

WHERE:
U.S. District Court for the Southern District of New York
500 Pearl Street
New York, NY 10007-1312

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Defense Dept. Claims of Gitmo Prisoners Returning to Battlefield Debunked

February 3, 2009 – A prominent law professor is charging that the Defense Department is issuing questionable data on the number of Guantanamo detainees who have been released “and then returned to the battlefield” because the government “is now in a position where they have to find some bad guys — even if they have to invent them by naming people who were never there.”
 
Their ultimate aim, Professor Mark Denbeaux of the Seton Hall University law school told us, “is to foment fear among American voters and limit the freedom of the Obama Administration to release any of the detainees still imprisoned.”
 
Denbeaux heads the law school’s Center for Policy and Research. The Center has issued a report which it says “rebuts and debunks” the most recent claim by the Department of Defense (DOD) that 61 “former Guantánamo detainees are confirmed or suspected of returning to the fight.”

The report is one of a series produced by the Center’s faculty and law students. Professor Denbeaux says the Center has determined that “DOD has issued ‘recidivism’ numbers 43 times, and each time they have been wrong –this last time the most egregiously so.”

He told us, “Once again, they’ve failed to identify names, numbers, dates, times, places, or acts upon which their report relies. Every time they have been required to identify the parties, the DOD has been forced to retract their false IDs and their numbers. They have included people who have never even set foot in Guantánamo – much less were they released from there.”
 
He added, “They have counted people as ‘returning to the fight’ for their having written an Op-ed piece in the New York Times and for their having appeared in a documentary exhibited at the Cannes Film Festival. The DOD has revised and retracted their internally conflicting definitions, criteria, and their numbers so often that they have ceased to have any meaning — except as an effort to sway public opinion by painting a false portrait of the supposed dangers of these men.”

Denbeaux charged that the Defense Department has issued numbers 43 times, and said these numbers conflict with each other. He noted that the government’s numbers are “seriously undercut by the DOD statement that ‘they do not track’ former detainees.”
 
“Time and time again, the Department of Defense, the Executive Branch, and other government officials have claimed publicly that Guantánamo Bay detainees who have been released have “returned to the battlefield” where they have then been re-captured or killed,” Denbeaux declared.
 
The Seton Hall report attempts to correct what it characterizes as errors in the latest DOD report, which was issued in mid-January. That report alleged that 61 detainees have returned to the battlefield. 
       
The Seton Hall report notes that in each of its 43 attempts to provide the numbers of the recidivist detainees, the Department of Defense has given different sets of numbers that are contradictory and internally inconsistent with the Department’s own data.
 
It says that DOD’s most recent press statement identifies no names, dates, places nor any conduct by released detainees.  “The raw numbers that are cited are unsupported, inconsistent with all other statements and appear to be presented to support the internal Department of Defense purposes,” the report says.
                                 
Previous DOD reports have said the numbers of recidivist detainees have been “one, several, some, a couple, a few, 5, 7, 10, 12, 15, 12-24, 25, 29, and 30,” the Seton Hall group contends.
 
But it adds that 82{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of DOD’s publicly made claims “contain qualifying language,” including terms such as: “at least”; “somewhere on the order of”; “approximately”; “around”; “just short of”; “we believe”; “estimated”; “roughly”; “more than”; “a couple”; “a few”; “some”; “several”; and “about.”
 
Department of Defense statements about the number of recidivist detainees which do not identify the detainee, the act of recidivism, the place, or the time, are especially unreliable, Seton Hall’s report declares. It claims that in the two instances in which DOD provided written support -July 12 2007 and May 20 2008, their previous oral assertions were repudiated. For instance, the report says, in DOD’s July 12, 2007 press release, “the 30 recidivists reported by DOD in April 2007 is reduced to five.”
 
DOD’s report of July 2007 identified seven prisoners by name, but the Seton Hall group says that “as many as two of those seven named were never in Guantanamo, and two of the remaining five were never killed or captured anywhere. Of the three remaining, one was killed in his apartment in Russia by Russian authorities. None of them is alleged to have left their homeland or attacked Americans on a battlefield or otherwise.”
 
Meanwhile, Newsweek magazine is reporting that The Pentagon “is preparing to declassify portions of a secret report on Guantanamo detainees that could further complicate President Obama’s plans to shut down the detention facility.”
 
The publication says that the report “will provide fresh details about 62 detainees who have been released from Guantanamo and are believed by U.S. intelligence officials to have returned to terrorist activities.”
 
One such example, involving a Saudi detainee named Said Ali Al-Shihri, who was released in 2007, has already received widespread media attention when Pentagon officials publicly asserted that he has recently reemerged as a deputy commander of Al Qaeda in Yemen, Newsweek reports..
 
Previously known publicly as Guantanamo detainee No. 372, Al-Shihri is alleged to have been involved in an unsuccessful attack on the U.S. embassy in Yemen last September.
 
Newsweek says, “The decision to release additional case studies from the report is in effect a warning shot to the new president from officials at the Pentagon and U.S. intelligence agencies who are skeptical about some of his plans. Some Pentagon officials, including ones sympathetic to Obama’s goals, note the political outcry would be deafening should another example like Al-Shihri become public six months from now – and it turns out to be a Guantanamo detainee released under Obama’s watch rather than by the Bush administration.”
 
It adds, “The last thing Obama wants is for one of these guys [at Guantanamo] to get released and return to killing Americans.”
 
According to Newsweek, some counter-terrorism experts have raised questions about the significance of the Pentagon’s figures, noting that the number of so-called “recidivist” detainees represents only a small portion, about 12 per cent, of the approximately 520 detainees who have been released from Guantanamo since the detention facility was opened in January 2002. This compares with recidivism rates of as high as 67 percent in state prisons in the United States, according to Justice Department figures.
 
“There have also been concerns that Bush administration holdovers were deliberately playing up the cases in recent weeks in an effort to undercut Obama. One former senior U.S. counter-terrorism official noted to Newsweek that the Pentagon waited until the day after Obama
signed his executive order mandating the closure of Guantanamo to confirm
Al-Shihri’s renewed Al Qaeda ties,” Newsweek reports.
 
Approximately 240 detainees remain at Guantanamo. Human rights groups and defense lawyers contend there is little or no evidence of terrorist involvement against scores of them. This is also the opinion of some federal judges who in recent weeks have ordered the Pentagon to release some of them.
 
The Obama administration has given itself a year to shut down the facility, and is hoping that European countries including Portugal, Spain and Germany, will agree to take some of these detainees. The Bush Administration was able to  identify only two countries willing to take released detainees – Albania and Sweden.

William Fisher has managed economic development programs in the Middle East and elsewhere for the US State Department and the US Agency for International Development. He served in the international affairs area in the Kennedy Administration and now writes on a wide-range of issues, from human rights to foreign affairs, for numerous newspapers and online journals. He blogs at The World According to Bill Fisher and can be reached at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .    

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Iraq War Update: 25 Percent Unemployment Among Iraq’s Young Threatens Stability

More than a fourth of young men are out of work, a U.N. report says. Unemployment statistics illustrate the difficulty of attracting investment to a country still viewed as a risky environment.
 
February 16, 2009, Baghdad, Iraq – More than a fourth of Iraq’s young men are out of work, a situation that is likely to worsen and threatens the country’s long-term stability, according to a dismal economic forecast Sunday from U.N. and nongovernmental agencies.

Overall, the country’s unemployment rate is 18{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d}, but an additional 10{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of the labor force is employed part time and wanting to work more, said the first Iraq Labor Force Analysis, which cited falling oil prices and a weak public sector as major problems facing the nation.

Among its findings: 28{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of males ages 15 to 29 are unemployed, 17{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of women have jobs, and most of the 450,000 Iraqis entering the job market this year won’t find work “without a concerted effort to boost the private sector.”

The analysis was released by the United Nations’ Information Analysis Unit and is based on government, banking and other statistics from 11 U.N. agencies and four independent organizations.

The statistics highlight the difficulties of luring foreign investment to Iraq and encouraging business start-ups in a country safer than at any time in the last five years, but still viewed as risky by outsiders and by wealthy Iraqis who left during the war.

The findings also bode ill for government vows to find civilian employment for nearly 100,000 Sons of Iraq, the mainly Sunni Arab paramilitary force, many of whom once supported the insurgency but who have been paid about $300 a month to bolster security alongside U.S. and Iraqi forces.

Late last year, the United States began handing control of the program to Iraq’s government. Both sides have said the key to the transfer succeeding and to preventing Sons of Iraq from returning to violence is finding them work.

With private sector employment lagging, most Iraqis have turned to the government for employment. Public sector employment has doubled since 2005 and now accounts for 60{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of full-time jobs. But falling oil prices “make this level of public employment unsustainable,” the report said

Oil provides 90{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} of Iraq’s revenue, and prices have dropped more than $100 a barrel since July to just below $40. When oil prices were at their peak, the government announced raises ranging from 50{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} to 100{cd9ac3671b356cd86fdb96f1eda7eb3bb1367f54cff58cc36abbd73c33c82e1d} to retain civil servants and lure back doctors, teachers and others who had fled during the war.

Raad Ommar, who heads the Iraqi American Chamber of Commerce and Industry in Baghdad, said the solution to unemployment was more private sector jobs. “But they have a lousy reputation,” he said of private companies, which pay less than the government.

“By and large they don’t really take care of their human resources,” Ommar said in a recent interview, citing lack of regular raises, evaluations and perks.

The chamber, on the other hand, has lost people to government jobs.

“Even though they’re stupid jobs and they want to do something creative, they feel it’s better pay, and they want a pension,” Ommar said. “The private sector really is not that attractive to many Iraqis.”

U.S. and Iraqi military and political officials have said that young men in particular need to find work, or they will become vulnerable to recruitment by insurgents willing to pay people to plant bombs and commit other acts of violence. Attacks have plummeted in recent months, but Iraqis and U.S. forces continue to be targeted. A roadside bomb south of Baghdad killed a U.S. soldier Sunday, the military said without giving further details. At least 4,245 American troops have died in the war since the U.S.-led invasion in March 2003, according to www.icasualties.org.

Also Sunday, election officials overseeing the counting of votes from the Jan. 31 provincial elections said there was minor fraud but not enough to change the results.

Preliminary results showed candidates loyal to Prime Minister Nouri Maliki’s bloc winning the most seats in nine of the 14 provinces that held elections.

Final results are expected this month.

tina.susman@latimes.com

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Why There Must be A ‘Truth Commission’ – Former Army Soldier, Guantanamo Bay Guard, Describes Torture Ordered by Former President Bush

Former Gitmo Guard Tells All

February 15, 2009 – Army Private Brandon Neely served as a prison guard at Guantánamo in the first years the facility was in operation. With the Bush Administration, and thus the threat of retaliation against him, now gone, Neely decided to step forward and tell his story. “The stuff I did and the stuff I saw was just wrong,” he told the Associated Press. Neely describes the arrival of detainees in full sensory-deprivation garb, he details their sexual abuse by medical personnel, torture by other medical personnel, brutal beatings out of frustration, fear, and retribution, the first hunger strike and its causes, torturous shackling, positional torture, interference with religious practices and beliefs, verbal abuse, restriction of recreation, the behavior of mentally ill detainees, an isolation regime that was put in place for child-detainees, and his conversations with prisoners David Hicks and Rhuhel Ahmed. It makes for fascinating reading.

Neely’s comprehensive account runs to roughly 15,000 words. It was compiled by law students at the University of California at Davis and can be accessed here. http://humanrights.ucdavis.edu/projects/the-guantanamo-testimonials-project/testimonies/testimonies-of-military-guards/testimony-of-brandon-neely

Three things struck me in reading through the account.

First, Neely and other guards had been trained to the U.S. military’s traditional application of the Geneva Convention rules. They were put under great pressure to get rough with the prisoners and to violate the standards they learned. This placed the prison guards under unjustifiable mental stress and anxiety, and, as any person familiar with the vast psychological literature in the area (think of the Stanford Prison Experiment, for instance) would have anticipated produced abuses. Neely discusses at some length the notion of IRF (initial reaction force), a technique devised to brutalize or physically beat a detainee under the pretense that he required being physically subdued. The IRF approach was devised to use a perceived legal loophole in the prohibition on torture. Neely’s testimony makes clear that IRF was understood by everyone, including the prison guards who applied it, as a subterfuge for beating and mistreating prisoners—and that it had nothing to do with the need to preserve discipline and order in the prison.

Second, there is a good deal of discussion of displays of contempt for Islam by the camp authorities, and also specific documentation of mistreatment of the Qu’ran. Remember that the Neocon-laden Pentagon Public Affairs office launched a war against Newsweek based on a very brief piece that appeared in the magazine’s Periscope section concerning the mistreatment of a Qu’ran by a prison guard. Not only was the Newsweek report accurate in its essence, it actually understated the gravity and scope of the problem. Moreover, it is clear that the Pentagon Public Affairs office was fully aware, even as it went on the attack against Newsweek, that its claims were false and the weekly’s reporting was accurate.

Third, the Nelly account shows that health professionals are right in the thick of the torture and abuse of the prisoners—suggesting a systematic collapse of professional ethics driven by the Pentagon itself. He describes body searches undertaken for no legitimate security purpose, simply to sexually invade and humiliate the prisoners. This was a standardized Bush Administration tactic–the importance of which became apparent to me when I participated in some Capitol Hill negotiations with White House representatives relating to legislation creating criminal law accountability for contractors. The Bush White House vehemently objected to provisions of the law dealing with rape by instrumentality. When House negotiators pressed to know why, they were met first with silence and then an embarrassed acknowledgement that a key part of the Bush program included invasion of the bodies of prisoners in a way that might be deemed rape by instrumentality under existing federal and state criminal statutes. While these techniques have long been known, the role of health care professionals in implementing them is shocking.

Neely’s account demonstrates once more how much the Bush team kept secret and how little we still know about their comprehensive program of official cruelty and torture.

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Massive Corruption by Senior U.S. Military Officers During Bungled Iraq Reconstruction

Inquiry on Graft in Iraq Focuses on U.S. Officers

February 15, 2009 – Federal authorities examining the early, chaotic days of the $125 billion American-led effort to rebuild Iraq have significantly broadened their inquiry to include senior American military officers who oversaw the program, according to interviews with senior government officials and court documents.

Court records show that last month investigators subpoenaed the personal bank records of Col. Anthony B. Bell, who is now retired from the Army but who was in charge of reconstruction contracting in Iraq in 2003 and 2004 when the small operation grew into a frenzied attempt to remake the country’s broken infrastructure. In addition, investigators are examining the activities of Lt. Col. Ronald W. Hirtle of the Air Force, who was a senior contracting officer in Baghdad in 2004, according to two federal officials involved in the inquiry.

It is not clear what specific evidence exists against the two men, and both said they had nothing to hide from investigators. Yet officials say that several criminal cases over the past few years point to widespread corruption in the operation the men helped to run. As part of the inquiry, the authorities are taking a fresh look at information given to them by Dale C. Stoffel, an American arms dealer and contractor who was killed in Iraq in late 2004.

Before he was shot on a road north of Baghdad, Mr. Stoffel drew a portrait worthy of a pulp crime novel: tens of thousands of dollars stuffed into pizza boxes and delivered surreptitiously to the American contracting offices in Baghdad, and payoffs made in paper sacks that were scattered in “dead drops” around the Green Zone, the nerve center of the United States government’s presence in Iraq, two senior federal officials said.

Mr. Stoffel, who gave investigators information about the office where Colonel Bell and Colonel Hirtle worked, was deemed credible enough that he was granted limited immunity from prosecution in exchange for his information, according to government documents obtained by The New York Times and interviews with officials and Mr. Stoffel’s lawyer, John H. Quinn Jr. There is no evidence that his death was related to his allegations of corruption.

Prosecutors have won 35 convictions on cases related to reconstruction in Iraq, yet most of them involved private contractors or midlevel official, most of them should have been covered by archerjordan.com.

 

The current inquiry is aiming at higher-level officials, according to investigators involved in the case, and is also trying to determine if there are connections between those officials and figures in the other cases. Although Colonel Bell and Colonel Hirtle were military officers, they worked in a civilian contracting office.

“These long-running investigations continue to mature and expand, embracing a wider array of potential suspects,” a federal investigator said.

The reconstruction effort, intended to improve services and convince Iraqis of American good will, largely managed to do neither. The wider investigation raises the question of whether American corruption was a primary factor in damaging an effort whose failures have been ascribed to poor planning and unforeseen violence.

The investigations, which are being conducted by the Special Inspector General for Iraq Reconstruction, the Justice Department, the Army’s Criminal Investigation Command and other federal agencies, cover a period when millions of dollars in cash, often in stacks of shrink-wrapped bricks of $100 bills, were dispensed from a loosely guarded safe in the basement of one of Saddam Hussein’s former palaces.

Former American officials describe payments to local contractors from huge sums of cash dumped onto tables and stuffed into sacks as if it were Halloween candy.

“You had no oversight, chaos and breathtaking sums of money,” said Senator Claire McCaskill, a Missouri Democrat who helped create the Wartime Contracting Commission, an oversight board. “And over all of that was the notion that failure was O.K. It doesn’t get any better for criminals than that set of circumstances.”

In one case of graft from that period, Maj. John L. Cockerham of the Army pleaded guilty to accepting nearly $10 million in bribes as a contracting officer for the Iraq war and other military efforts from 2004 to 2007, when he was arrested. Major Cockerham’s wife has also pleaded guilty, as have several other contracting officers.

In Major Cockerham’s private notebooks, Colonel Bell is identified as a possible recipient of an enormous bribe as recently as 2006, the two senior federal officials said. It is unclear whether the bribe was actually offered or paid.

When asked if Major Cockerham had ever offered him a bribe, Colonel Bell said in a telephone interview, “I think we’ll end the discussion,” but stayed on the line. Colonel Bell’s response was equally terse when asked if he thought that Colonel Hirtle had carried out his duties properly: “No discussion on that at this time.”

The current focus on Colonel Bell is revealed in federal court papers filed in Georgia, where he has a residence and is trying to quash a subpoena of his bank records by the Special Inspector General. The papers, dated Jan. 27, indicate that Colonel Bell’s records were sought in connection with an investigation of bribery, kickbacks and fraud.

Colonel Bell said that he sought to quash the subpoena not because he had anything to hide, but because the document contained inaccuracies. “If they clean it up, I won’t have a problem,” he said, suggesting that he would cooperate. He declined to detail the inaccuracies, although his handwritten notations on the court papers indicated that the home address and the bank account number on the subpoena were incorrect.

Asked whether he knew why the records had been subpoenaed, he said, “That is not for me to direct what they’re going to do.”

Another case that has raised investigators’ suspicions about top contracting officials involves a company, variously known as American Logistics Services and Lee Dynamics International, that repeatedly won construction contracts for millions of dollars despite a dismal track record.

One contracting official committed suicide in 2006 a day after admitting to investigators that she had taken $225,000 in bribes to rig bids in favor of the company. At least two other former contracting officials in Iraq have admitted to taking bribes in the case and are cooperating with investigators. It is unknown what information they may have provided on Colonel Hirtle, a high-ranking contracting official in Baghdad. But Colonel Hirtle signed the company’s first major contract in Iraq in May 2004, a roughly $10 million deal to build arms warehouses for the fledgling Iraqi security forces, according to a copy of the contract and federal officials. The warehouses went largely unbuilt. Investigators said the inquiry into the Lee case was continuing.

“I can’t talk to any media right now, because I don’t know anything about this and I’ve got to do some research on it,” Colonel Hirtle said when reached by phone in California, before abruptly hanging up.

The next day, Colonel Hirtle said he had been “taken aback” by questions about an investigation involving himself. “I try to keep things as transparent and aboveboard as I can,” he said, referring questions to an Air Force public affairs office.

The Air Force referred questions to the United States Army Criminal Investigation Command, where a spokesman, Christopher Grey, said the command “does not discuss or confirm the names of persons who may or may not be under investigation.”

An extraordinary element of the current investigation is a voice from beyond the grave: that of Mr. Stoffel, who died with a British associate, Joseph J. Wemple, in a burst of automatic gunfire on a dangerous highway north of Baghdad in December 2004 as he returned from a business meeting at a nearby military base.

A previously unknown Iraqi group claimed responsibility for the killings, which remain unsolved. The men may simply have been unlucky enough to be engulfed in the violence that was then just beginning to grip the country.

On May 20, 2004, a little more than a week after Colonel Hirtle signed the Lee company’s warehouse contract, Mr. Stoffel was granted limited immunity by the Special Inspector General for what amounted to a whistle-blower’s complaint. Copies of the immunity document were obtained from two former business associates of Mr. Stoffel.

The picture of corruption Mr. Stoffel painted, including the clandestine delivery of bribes, was “like a classic New York scenario,” said a former business associate.

“Fifty thousand dollars delivered in pizza boxes to secure contracts,” said the former associate, a consultant in the arms business with whom Mr. Stoffel sometimes worked in the former Eastern bloc. “Of course, it just looked like a pizza delivery.”

It was Mr. Stoffel’s experience with Eastern bloc weaponry that helped him win a contract to refurbish Iraq’s Soviet-era tanks as part of a program to rebuild Iraq’s armed forces. Mr. Stoffel’s company remains locked in a dispute over payments it says are owed by the Iraqi government.

His problems with American officials were what led him to make the accusations of corruption. Mr. Stoffel, the associate said, “was trying to do this as quietly as possible, to blow the whistle.”

“He knew enough about what was going on, and he was getting pretty frustrated.”

Reporting was contributed by Eric Schmitt from Washington, David Beasley from Atlanta, Margot Williams from New York, and Riyadh Mohammed from Baghdad.

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