Published on Sunday, September 24, 2006
by the Guardian / UK
Bush Strikes a Deal That Lets Him Keep Fighting Dirty
by David Rose
Last Thursday night, in a development barely reported in Britain, any hope of bringing detainees at Guantanamo and in the CIA's 'black' prisons into some kind of acceptable legal framework to protect their human rights suffered a grievous setback. After weeks of wrangling, Congressional opposition to Bush administration plans caved in, leaving the prisoners in a literally hopeless position.
At the heart of this story is a deal, hammered out in intensive talks between Vice-President Dick Cheney and his Republican critics, led by Senator John McCain, the former Vietcong prisoner and likely runner in the next presidential election. According to McCain, it 'gives the President the tools he needs'. At the same time: 'There is no doubt that the integrity and letter and spirit of the Geneva Conventions have been preserved.' The deal does nothing of the kind.
Bush seemed to be heading for disaster in November's Congressional elections, with detainee trials and torture an issue on which he looked vulnerable. Now, along with a broader apparent comeback, he has almost everything he wanted, with Congressional endorsement to boot. Beneath McCain's rhetoric, the legal black hole dug since 9/11 looks deeper and darker than ever. The chances of Guantanamo's 450-odd detainees ever getting justice have been substantially reduced.
The Cheny-McCain deal reverses two historic decisions by the Supreme Court: the 2004 ruling that gave detainees the right to bring suits in US federal courts, and last summer's declaration that Bush's military tribunals, with their classified evidence and testimony obtained through torture, were unlawful. Here, the court also said that Common Article 3 of the Geneva Convention, which bans torture and inhuman or degrading treatment, applied even at Guantanamo and in the CIA gulag. As a result, the CIA's most 'rigorous' interrogation methods, such as 'light' physical contact and the notorious 'waterboarding', were prohibited. According to Bush before Thursday's deal, this was a dangerous impediment to national security.
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http://www.commondreams.org/views06/0924-26.htm