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United Nation’s Report Condemns The United States For Human Rights Violations, Including Blocking Prosecution Of Those Responsible For Torture

President_Barack_Obama150px-OHCHR_logoThe United Nation’s Office of the High Commissioner for Human Rights has issued a report slamming the United States on torture and surveillance — the last international condemnation of the United States that is now viewed by many as a threat to civil liberties and international law. This follows international reports condemning the Obama Administration for its attacks on the free press and Internet freedoms. The demand for action on torture revives one of the greatest failures of the Obama Administration when the President, shown after taking office, assured CIA employees that no one would be investigated or prosecuted for torture despite the existence of international treaties obligating us to carry out such prosecutions. The President has admitted (as is clear from domestic and international rulings) that water boarding is torture. What is fascinating is that those who continue to defend this Administration dismiss the criticisms of respected international public interest groups, award-winning journalists, and even United Nations organizations in such condemnations. It is part of what has become a blind loyalty for an iconic president over long-standing principles. As noted by a widening array of organizations and experts, Obama has proven a perfect nightmare for civil liberties — once a core and defining area for Democrats and liberals alike.

The report chastises the United States for an array of concerns from harsh sentencing for juveniles to drone attacks to global surveillance. Amnesty International’s U.N. representative noted that “The U.S. is adept at demanding human rights change from other governments, while failing to meet international standards itself.”

On torture, the report found that the evidence of a torture program by the United States is clear and called for an investigation and prosecution of members of the “armed forces and other agents of the U.S. government.” While there should be no need to remind this country: “The State party [the United States] should ensure that all cases of unlawful killing, torture or other ill-treatment, unlawful detention, or enforced disappearance are effectively, independently and impartially investigated, that perpetrators, including, in particular, persons in command positions, are prosecuted and sanctioned, and that victims are provided with effective remedies.” Only a few principled Democratic members have denounced Obama for his blocking of the investigation and prosecution of those responsible for torture.

torture -abu ghraibI have previously written about the cynical calculation that led to Obama blocking the prosecution for those responsible for the torture program. He knew such prosecutions would be unpopular, and with so many constitutional principles since that time, he just did not see the value in adhering to principle (even those embodied within binding treaty obligations). Since Obama ran on a civil liberties platform, many expected an independent torture investigation as soon as he took office. After all, waterboarding is one of the oldest forms of torture, pre-dating the Spanish Inquisition (when it was called tortura del agua). It has long been defined as torture by both U.S. and international law, and by Obama himself. Torture, in turn, has long been defined as a war crime, and the United States is under treaty obligation to investigate and prosecute such crimes.

However, such a principle did not make for good politics. Accordingly, as soon as he was elected, Obama set out to dampen talk of prosecution. Various intelligence officials and politicians went public with accounts of the Obama administration making promises to protect Bush officials and CIA employees from prosecution. Though the White House denied the stories, Obama later gave his controversial speech at the CIA headquarters and did precisely that. In the speech, he effectively embraced the defense of befehl ist befehl (“an order is an order”). As I have written before (here and here), the Obama Administration has destroyed some of the core Nuremburg principles, particularly in its revisal of the “superior orders defense” to excuse U.S. officials.

The appearance of torture in the list of criticisms in the report shows that the world has not forgotten our towering hypocrisy in this area and the President’s decision to shield our own officials from prosecution — even after CIA officials admitted to destroying evidence of torture to protect themselves from any later investigation. China now regularly cites our own torture program — and the protection of U.S. officials responsible for the program — to defect criticism of its own programs.

What we have lost in the last decade is not simply clarity in dealing with human rights and civil liberties but credibility in voicing what were once undeniably American values.

80 thoughts on “United Nation’s Report Condemns The United States For Human Rights Violations, Including Blocking Prosecution Of Those Responsible For Torture”

  4. FtG,

    I remember that.

    Cheney was always saying how he wanted to save lives (which lives?) as if he was engaging in civil disobedience, torturing for the greater good. I always wondered then why he wouldn’t submit himself before a court of law after he ordered torture.

    If he was working for the greater good, this being his only motive, then he should have submitted himself to the court for judgment.

    Anon Posted,

    Thank you for all the excellent links.

  5. “A Debate on Torture: Legal Architect of CIA Secret Prisons, Rendition vs. Human Rights Attorney”:

    Refer to YouTube posting at 1:35 pm, above

    “As the Senate Select Committee on Intelligence feuds with the CIA over the declassification of its 6,000-page report on the agency’s secret detention and interrogation programs, we host a debate between former CIA acting general counsel John Rizzo and human rights attorney Scott Horton. This comes as the United Nations Human Rights Committee has criticized the Obama administration for closing its investigations into the CIA’s actions after Sept. 11. A U.N. report issued Thursday stated, “The Committee notes with concern that all reported investigations into enforced disappearances, torture and other cruel, inhuman or degrading treatment that had been committed in the context of the CIA secret rendition, interrogation and detention programmes were closed in 2012 leading only to a meager number of criminal charges brought against low-level operatives.” Rizzo served as acting general counsel during much of the George W. Bush administration and was a key legal architect of the U.S. interrogation and detention program after the Sept. 11 attacks. He recently published a book titled “Company Man: Thirty Years of Controversy and Crisis in the CIA.” Attorney Scott Horton is contributing editor at Harper’s magazine and author of the forthcoming book, “Lords of Secrecy: The National Security Elite and America’s Stealth Foreign Policy.””

  6. On torture Bush said, “Yeah, we waterboarded Khalid Sheikh Mohammed. I’d do it again to save lives.”
    Cheney said, “I was a big supporter of waterboarding…I was a big supporter of the enhanced interrogation techniques…I signed off on it.”

  14. Reblogged this on herlander-walking and commented:
    Gee, I get what the UN is saying here, but where were they in the Bush years when Cheney, Addington, Yoo and Gonzalez said it was all good and legal if a president did it?

  15. Well nick Turley has you…. He has both a birther and a truther…..

  16. Well, we have a birther here, how about a truther to provide some moonbat balance.

  18. We will eventually find an honest judge / Congressman
    Follow the evidence / money.wherever they lead 
    Start loading up the prison buses.
    Clear them out of the White House, Congress, Supreme Court,
    U.S. Gov’t, Washington, DC, Bush / Obama administrations, Media, Pentagon, etc.

    I do not believe in capital punishment

  19. Nothing the seating of grand juries couldn’t root out, were there any U.S. Attorneys out there with even one functioning vertebrae.

  20. While W was easily manipulated by special interests, Presidents Clinton and Obama would not be easily manipulated if they actually had any power over international affairs. Therefore, it appears that they have no power. Power lies with those who control the most money and the most weapons.

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