Former Somali Colonel Found Liable For Torture While Former Bush Officials Remain Immune From Such Lawsuits

220px-AbuGhraibAbuse-standing-on-box180px-bybee1Federal Judge Mark Abel in Ohio has imposed a $15 million damage award on former Somali colonel, Abdi Aden Magan, who tortured human rights advocate Abukar Hassan Ahmed. What was most striking about the decision was the statement that such damages are necessary to guarantee that the United States is not a “safe harbor for those who commit human rights abuses.” Of course, this follows a series of court decisions barring the victims of the U.S. torture program from even getting a trial, let alone damages. Those responsible continue to appear on television from George W. Bush to Dick Cheney to John Yoo. Indeed, rather than punish those who facilitated the torture program, we made one — Jay Bybee (shown right) — a federal appellate judge with lifetime tenure. That particular “safe harbor” is found in the courthouse of the United States Court of Appeals for the Ninth Circuit.

Ahmed proved that Magan oversaw his torture in Somalia in 1988. Ahmed was a professor at the Somalia International University and a human rights lawyer. Notably, his torture included the use of stress positions which was included in our own torture program. People like Bybee and Yoo advised that short of organ failure or death, such stress positions would not amount to torture.

Magan was investigations chief of the National Security Service of Somalia. One of Ahmed’s lawyers explained that the court wanted to draw the line at our borders to prevent this country from serving as a safe harbor.

Ahmed found Magan living in Ohio. He now lives in Kenya. He tried to dismiss the case as filed in the wrong country. It appears however that such jurisdictional problems only arise when U.S. officials are accused of torture. The Obama Administration (which opposed efforts to even try U.S. officials for torture) supported the right of a court to try a foreign torturer.

The hypocrisy of the United States on torture could not be evident or embarrassing. We have a federal court (correctly) holding a former foreign government official liable while on another federal court a supporter of the U.S. torture program sits in judgment of others without fear of prosecution.

Source: Chronicle

44 thoughts on “Former Somali Colonel Found Liable For Torture While Former Bush Officials Remain Immune From Such Lawsuits”

  1. The men the American people admire most extravagantly are the most daring liars; the men they detest most violently are those who try to tell them the truth.” – H. L. Mencken

  2. Jill 1, August 21, 2013 at 1:06 pm

    From Greenwald: “Obama admin: we aggressively prosecute those who expose war crimes, and diligently protect those who commit them.”
    ==============================
    Great observation.

    With one caveat.

    We will find that it is The American Administration doing this, but we may not find out who they are.

  3. ap,

    😉

    Here’s another from Francois:

    We are so accustomed to disguise ourselves to others that in the end we become disguised to ourselves.

  4. I’m simply angry that that crime enabling hack still has a law license let alone a Federal judgeship. What a disgrace to the bar!

  5. From Greenwald: “Obama admin: we aggressively prosecute those who expose war crimes, and diligently protect those who commit them.”

  6. Jill wrote:

    “I remain appalled that these people hold office. They care nothing for the law, the planet or other human beings.”

    Truth:

    “They care nothing for the law, the planet or other human beings.”

    =======

    And we’re surprised when kids in our country kill “for sport”.

  7. Anon posted, this is a good statement by the ACLU. Here is another: ”

    The nonprofit Government Accountability Project lists reasons it regards the Manning sentence as “excessive and unjust”:

    It has never been proven that Manning’s conduct did harm to the US.
    Manning informed the public of clear wrongdoing.
    Manning suffered egregious and unlawful pretrial detention.
    No individuals have been punished as a result of Manning’s revelations despite clear atrocities.

    GAP has defended whistleblowers including Thomas Drake, John Kiriakou and William E Binney.
    (guardian)

  8. Harold Koh was giving a run down the “legal” policy of Obama and talking about American Exceptionalism. Clinton and Obama had both been running around the world telling other nations it was imperative to bring their war criminals to justice. 4 hours away from that talk, on that very day, Bush was at a book signing. I asked Koh why Bush had not been arrested. He said that had nothing to do with his talk and would not answer my question.

    We are still torturing. Scahill has documented this. Ironically, one of the black sites is in Kenya. So yes, along with Manning’s guilty verdict and a host of other truly disgusting events, I remain appalled that these people hold office. They care nothing for the law, the planet or other human beings.

  9. ACLU Comment on Bradley Manning Sentence

    August 21, 2013

    FOR IMMEDIATE RELEASE
    CONTACT: 212-549-2666, media@aclu.org

    NEW YORK – A military court-martial today sentenced Pfc. Bradley Manning to 35 years in prison for giving classified material to WikiLeaks. Ben Wizner, director of the American Civil Liberties Union’s Speech, Privacy & Technology Project, had this reaction:

    “When a soldier who shared information with the press and public is punished far more harshly than others who tortured prisoners and killed civilians, something is seriously wrong with our justice system. A legal system that doesn’t distinguish between leaks to the press in the public interest and treason against the nation will not only produce unjust results, but will deprive the public of critical information that is necessary for democratic accountability. This is a sad day for Bradley Manning, but it’s also a sad day for all Americans who depend on brave whistleblowers and a free press for a fully informed public debate.”

    https://www.aclu.org/free-speech/aclu-comment-bradley-manning-sentence

  10. How can anyone in the State Department, or even the President himself, stand up and look at the camera and talk about “democracy,” “human rights,” “the rule of law,” “American values,” “common decency,” “ethics,” or “morality,” without causing people to laugh out loud!

    The U.S. government is the biggest perpetrator of human rights violations on the planet, bar none! What constituted one of the reasons for prosecuting Nazis at Nuremberg, namely wars of aggression, the U.S. did when it lied its way into invading Iraq, which had nothing to do with 911, WMD, or Al Qaeda.

    Extraordinary Rendition, or kidnapping anyone off of any street anywhere in the world, and taking them to secret torture sites, is something the GESTAPO did in the countries it occupied during WWII. Preemptive strikes by UAV or JSOC SS Assassination Teams, as part of U. S. foreign policy is reminiscent of Nazi V1 Buzz Bombs, and the SS Einzatzgruppen on the Eastern Front.

    GITMO is reminiscent of the French penal colony in Guiana, or one of the Soviet Archipelago. What was done in Abu Grebe in many instances was worse than what was conducted by the Nazi’s in POW camps that were visited by members of the Geneva Convention (something not being done today at our secret torture sites).

    The Wolfowitz Doctrine is still being followed by the Obama Administration as it violates the U.N. Charter, and Geneva Convention. THEY HYPOCRACY IS OVERWELMING WHEN YOU LISTEN TO THE REHTORIC AND FOLLOW THEIR ACTIONS!

  11. Torture is torture only if someone else is doing it. Disgusting. Kudos to this judge, but when will American torturers be prosecuted?

  12. There is a case which is predicated on the Nuremberg laws which was on this blog the other day. ND of California.

  13. American exceptionalism at its best or worst:

    Since the 1960s, postnationalist scholars have rejected American exceptionalism, arguing that the United States had not broken from European history, and accordingly, the United States has retained class inequities, imperialism and war. Furthermore, they see most nations as subscribing to some form of exceptionalism.

    (Wikipedia). A lot of pols need to join Snobaholics Anonymous.

Comments are closed.