JANUARY 19, 2009 7:27PM

End the American Gulag: Thoughts on MLK Day

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From Birmingham to Barack, what a dream it has been.

Birmingham

In April, 1963, Birmingham, Alabama, Police Commissioner Eugene "Bull" Connor let loose the dogs and fire hoses on civil rights demonstrators on Palm Sunday. Martin Luther King was jailed, held incommunicado in solitary confinement.  While there, he wrote his Letter from Birmingham Jail (1), probably the single most important document in the history of the civil rights struggle. In it he said:

   I am in Birmingham because injustice is here.

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President-elect Obama, tomorrow, as we inter forever the memories and injustices of those days , let us also resolve to honor Dr. King by redressing the injustices visited upon another group of alien people. These injustices are still here.

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The Creation of the American Gulag

In the days immediately following September 11, 2001, over 750(2)  immigrant men and women, many of them legal residents, mostly Muslim (but not all, Hindus and Sikhs and even Christians from the Middle East were a sizeable number) were rounded up in an anti-terrorism sweep in the New York City area alone. Most were held at the Metropolitan Detention Center in Brooklyn, a Federal facility. The War on Terror had begun.

A Department of Justice report (3) details their treatment. They were subjected to a "communication blackout", not allowed visitors, legal or social telephone calls for several days to several weeks. They were in "lockdown" 23 hours per day. They were subjected to "restrictive" escort procedures: handcuffs, leg irons and "Martin chains" - four foot long heavy chains linking leg irons to handcuffs. There were numerous complaints of verbal and physical abuse. In at least one case the government reached an out of court settlement with an Egyptian detainee, Ehab Elmaghraby, who had charged he had been "subjected to multiple unnecessary body-cavity searches, including one in which correction officers inserted a flashlight into Mr. Elmaghraby's rectum, making him bleed."

After incarcerations lasting upto several months, and most proceedings held in camera, not a single detainee was charged with any terrorism related offense.

Expansion of the Gulag

After the start of the invasion of Afghanistan, large quarters were needed to detain captives. In what can be seen in hindsight as a fitting twist of history, the U. S. authorities chose for their purposes  a disused airfield and hangars built by the Soviets during their occupation of Afghanistan. Given an Orwellian-sounding name, the Bagram Theater Internment Facility has been home to thousands of prisoners, held without trial or hope thereof, rife with stories of abuse, torture and even death.  One such story I had recounted earlier, that of Dr. Aafia Siddiqui.

Abu1

Guantánamo was opened simultaneously.  Its horror stories are too well-known for further discussion here. Abu Ghraib was taken over (this, of course from Saddam Hussein) in 2003 after the invasion of Iraq and converted into an American facility for prisoner processing.

The point to note is that all these prisons were deliberately created outside the territorial boundaries of the United States. In doing so, the authorities intended them to be outside the constitutional reach of U. S. law.

Justice Scalia inveighed against "the extraterritorial reach of habeas corpus (and, no doubt, the extraterritorial reach of other constitutional protections as well)".  But even this thin reed of a defense was broken in the June 2008 Supreme Court decision (Boumediene v. Bush, No. 06-1195) granting the right of habeas corpus (and arguably, other constitutional protections, as well) to Guantánamo detainees, with Scalia in dissent.

Gitmo


Populating the Gulag

Operating behind the presumed protection of the extra-territorial shield (or perhaps knowing full well that it was a fig leaf) as late as 2006, the CIA was given broad new latitude to transfer prisoners to other countries solely for the purpose of detention and interrogation, otherwise known as "rendition".

This despite "the accounts provided by former prisoners who say they were beaten, shackled, humiliated, subjected to electric shocks, and otherwise mistreated during their long detention in foreign prisons before being released without being charged."

Their number is legion. Here are three from the same New York Times article: 

Maher Arar, a Syrian-born Canadian, who was detained at Kennedy Airport two weeks after the Sept. 11 attacks and transported to Syria, where he said he was subjected to beatings.

Khaled el-Masri, a Lebanese-born German who was pulled from a bus on the Serbia-Macedonia border in December 2003 and flown to Afghanistan, where he said he was beaten and drugged.

Mamdouh Habib, an Egyptian-born Australian who was arrested in Pakistan several weeks after the 2001 attacks. He was moved to Egypt, Afghanistan and finally Guantánamo. During his detention, Mr. Habib said he was beaten, humiliated and subjected to electric shocks. He was released after 40 months without being charged.

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Dr.  King ended his Letter from Birmingham Jail:

Let us all hope that the dark clouds of racial prejudice will soon pass away and the deep fog of misunderstanding will be lifted from our fear-drenched communities, and in some not too distant tomorrow the radiant stars  of love and brotherhood will shine over our great nation with all their scintillating beauty.

               Yours for the cause of Peace and Brotherhood,
                Martin Luther King, Jr.

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 Om Shanti. Shanti. Shanti.

 

 

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Comments

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when are you going to notice that you don't live in a democracy? will you want to live in a democracy, or do you enjoy relying on the character of politicians to keep you out of secret detention centers, where there is no law?

if you choose to submit to the current king, should you complain when he turns out to be an american version of a nazi?
Thanks, Smithbarney, for a thoughtful post and something to ponder on this day of reflection and community service.
I regret that I could give you only one thumbs-up.

Great work. Keep it up. Writing from O_S, there is the possibility of moving this story into the mainstream, if only by making the regular O_S readers more familiar with our Torture Policy.

I know you've read ondelette's posts here, but have you checked out his other blog? In at least one post, he makes a case for the deliberateness of the torture agenda, and this was before the more recent reports confirming the same.
Very important post. Very strong piece. 3 Woofs.

By my reading, this Administration (I include Scalia in that category) were using two fig leaves:

(1) Extra-territoriality - To me Scalia's vicious blather translates to : "You can do whatever you want as long as you don't do it on U. S. soil". Hopefully, this is now no longer a valid cover thanks to the decision you cite.

(2) "Illegal aliens have few rights" - Sometimes this seems to leak over on to legal aliens as well, and that is "aliens are not entitled to the same constitutional protections as citizens." Thus the use of the immigration "courts" in what could kindly be called quasi-judicial "administrative" proceedings. I think this cover is still being used for all kinds of mistreatment, and the Obama administration should be urged strongly to end it.

WOOF
Brilliant post. Thank you for writing it.
Your expressions of concern and consistency with your spiritual life are an inspiration here on OS. I appreciate your upraised voice, and the love of all life expressed through your analysis.

Peace be with you.
ktm, thank you for your encouragement. I have indeed been reading ondelette's other blog. His revelations about the machinations of the Bush administration and insights about the depths of complicity of so many people, including doctors, are bone-chilling.

CCC, I think you are absolutely right about the (lack of) regard of the Bushies for aliens, illegal or not. It is of one piece with the rest of their racial politics, IMO.

Thank you, Hazel, Pat, Susanne for your kind words.
Thank you for bringing awareness to these unjustices and for linking it with Martin Luther King Day. The Maher Arar case has been big news in Canada for several years with our own government acting shamelessly on behalf of American "security" agents. They basically sold a Canadian citizen out on no proof knowing that he would likely be tortured, vilified him and his wife publicly and privately, and were finally forced to pay him a large settlement and issue an apology. The apology was all he ever asked for in the first place. Arar still has a case before the U.S. courts if I am not mistaken. He and his wife are two incredibly brave and decent people.
while the actions you write about are atrocious, i believe the link to the between the US' actions post 9/11 and the birmingham campaign (and to MLK and the Civil Rights Movement as a whole) is at best tenuous. At worst, it represents a misunderstanding and trivialization of the crimes the US has committed against blacks.

Protesters (especially black protesters) in the civil rights movement were all subject to an institutionalized web of oppression that was and is unique among other US citizens. Since the founding of the country they have not been privy to the protections of the constitution -- the amount of trials against blacks that were unfairly done are endless.

Black folks WERE and ARE citizens of the united states, yet they had been rejected rights all other citizens had -- this is a much more painful and dangeruos form of oppression. While trials against current detainees are conducted without habeas corpus, trials against blacks WERE conducted under habeas corpus, making their form of discrimination and racism harder to identify and more able to perpetuate itself through the entire governmental system.