The events are arrayed below. Draw your own conclusions.
See Andrew Sullivan in the Sunday, December 10, 2006, Times of London with this -
Now his lawyer claims this -
Jose Padilla was born in Brooklyn, New York, in 1970, the son of Puerto Rican immigrants. He was a troubled youth, joining a street gang when the family moved to Chicago, and was once jailed for aggravated assault.
After serving his sentence, he converted to Islam and professed non-violence. He went to the Masjid Al-Iman mosque in Fort Lauderdale, Florida, and worked for a charity suspected of Islamist terror ties. He visited Egypt, Saudi Arabia, Afghanistan, Pakistan and Iraq.
Returning to Chicago on May 8, 2002, Padilla was arrested and held under a warrant related to the 9/11 attacks. A month later, as a court was about to rule on whether there was any evidence to merit his detention, President George W Bush declared Padilla an "enemy combatant" and he was sent to a military brig in South Carolina. No charges were brought against him for 3½ years.
The basic principle of Anglo-American liberty for several hundred years has been habeas corpus - the notion that the government cannot detain a citizen without charging him with crimes that can be brought before a court and a jury of his peers. It is the keystone of any notion of a free society. For the first time in the history of the United States, it has been indefinitely suspended, and Padilla is the proof.
Padilla was not charged for three years, but he was accused. He was accused by government sources of being part of a plot to detonate a dirty bomb in an American city; he was accused by talk radio of being John Doe No 2 in the Oklahoma City bombing; and he was accused of plotting terrorist acts in the US.
After three years in solitary confinement, the Bush administration feared its detention of Padilla might be struck down by a court, and so it finally decided to charge him with a crime. The charges it brought in November 2005 included no mention of any dirty bomb, no link to Al-Qaeda, and no charge of conspiracy to commit acts of terror in America. A judge threw out other charges. None of the charges that remain involve actual terrorist activity, just of being connected to a group that may have financed such activity in Bosnia and Chechnya.
So Padilla, an American citizen, was detained without being charged for 3½ years. It was nearly two years before he had access to a lawyer.
Now his legal team says he is mentally unfit to stand trial. Angela Hegarty MD, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, says now that "during questioning, he often exhibits facial tics, unusual eye movements and contortions of his body. The contortions are particularly poignant since he is usually manacled and bound by a belly chain when he has meetings with counsel."
Mr Padilla was often put in stress positions for hours at a time. He would be shackled and manacled, with a belly chain, for hours in his cell.
Noxious fumes would be introduced to his room causing his eyes and nose to run. The temperature of his cell would be manipulated, making his cell extremely cold for long stretches of time. Mr Padilla was denied even the smallest and most personal shreds of human dignity by being deprived of showering for weeks at a time, yet having to endure forced grooming at the whim of his captors.
… He was threatened with being cut with a knife and having alcohol poured on the wounds. He was also threatened with imminent execution. He was hooded and forced to stand in stress positions for long periods.
He was forced to endure exceedingly long interrogation sessions, without adequate sleep, wherein he would be confronted with false information, scenarios and documents to further disorientate him. Often he had to endure multiple interrogators who would scream, shake and otherwise assault Mr Padilla.
Is that troublesome? The statute - "Notwithstanding any other law (including section 2241 of title 28, United States Code, or any other habeas corpus provision), no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of enactment of this chapter, relating to the prosecution, trial, or judgment of a military commission convened under this section, including challenges to the lawfulness of the procedures of military commissions under this chapter."
To put it bluntly: he has been sent mad. Last week, new photographs surfaced of the way in which Padilla has been treated. He needed to be escorted from his cell to get root canal treatment. Padilla has never exhibited any violent behavior in detention of any kind, according to his jailers. Yet he was manacled head-to-toe, he was barefoot, and given blackout goggles so he could see no light and soundproof ear-muffs so he could hear nothing. He was escorted by three soldiers in full riot gear, visors and weapons. Suddenly, you get a glimpse of the sadism inflicted on him for three years of total isolation.
Could this still happen? Yes, it could. In fact, if another American citizen were today to be arrested by the president, and declared an enemy combatant, he would be barred from any recourse to the federal courts. The Military Commissions Act - passed in the last week of the outgoing Congress before the recent elections - stripped the courts of any jurisdiction over new military commissions set up to try and convict American citizens.
So that's that. Sullivan notes that "the president can now detain any citizen he so designates, remove him from the judicial system and subject him to a military commission, with much weaker rules than a civilian court." Yes, torture is formally banned, but torture techniques such as waterboarding are still at the president's discretion. So two hundred years after the nation was formed, and almost eight centuries since the Magna Carta, Americans are "at the mercy of a new king, who can jail without charges and torture at will." So much for habeas corpus.
Is Sullivan wrong to be upset? The New York Times set him off with its December 4 item on this matter.
They note the solitary confinement -
Followed by the classic depersonalization -
One spring day during his three and a half years as an enemy combatant, Jose Padilla experienced a break from the monotony of his solitary confinement in a bare cell in the brig at the Naval Weapons Station in Charleston, S.C.
That day, Mr. Padilla, a Brooklyn-born Muslim convert whom the Bush administration had accused of plotting a dirty bomb attack and had detained without charges, got to go to the dentist.
And they note the sensory deprivation -
Several guards in camouflage and riot gear approached cell No. 103. They unlocked a rectangular panel at the bottom of the door and Mr. Padilla's bare feet slid through, eerily disembodied. As one guard held down a foot with his black boot, the others shackled Mr. Padilla's legs. Next, his hands emerged through another hole to be manacled.
Wordlessly, the guards, pushing into the cell, chained Mr. Padilla's cuffed hands to a metal belt. Briefly, his expressionless eyes met the camera before he lowered his head submissively in expectation of what came next: noise-blocking headphones over his ears and blacked-out goggles over his eyes. Then the guards, whose faces were hidden behind plastic visors, marched their masked, clanking prisoner down the hall to his root canal.
And although the Times is not saying the man was tortured, they do note "his interrogations… included hooding, stress positions, assaults, threats of imminent execution and the administration of 'truth serums.'"
In the brig, Mr. Padilla was denied access to counsel for 21 months. Andrew Patel, one of his lawyers, said his isolation was not only severe but compounded by material and sensory deprivations. In an affidavit filed Friday, he alleged that Mr. Padilla was held alone in a 10-cell wing of the brig; that he had little human contact other than with his interrogators; that his cell was electronically monitored and his meals were passed to him through a slot in the door; that windows were blackened, and there was no clock or calendar; and that he slept on a steel platform after a foam mattress was taken from him, along with his copy of the Koran, "as part of an interrogation plan."
And they quote Hegarty, director of forensic psychiatry at the Creedmoor Psychiatric Center in Queens, in her affidavit filed that Friday - "It is my opinion that as the result of his experiences during his detention and interrogation, Mr. Padilla does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation."
And note this -
So that's that. The argument we are given justifying all this is that we live in a new age of terror, and we face an existential threat unlike any we have ever faced before. What we face is a threat far more dire than the nuclear annihilation we faced in the pervious decades before the Soviet Union finally collapsed, far more serious than the threat posed by the combined Hitler and Mussolini and Tojo. This time we must play dirty and change the rules about how our government treats its own citizens. Whether that is so is a judgment call. But the idea is that, if you grant that premise, what has happen in this case presents no real issues. Even if this one citizen was a nobody - the charges were pretty much dropped, but for so minor issues - he might have been a major terrorist, and we needed to get information from him, by any means possible, even if the means were both illegal and massively counterproductive. The almost four years of what seems like torture that turned him into a useless basket case, while getting us nothing, might have gotten us something. It just didn't work out. Are you to fault the government for trying to protect us? Yes, what happened to this man could, theoretically, happen to any of us now, but the odds are against that, and you ought to trust the government. They're just trying to keep us all safe. They're not unhinged sadists, after all. That's the line. Buy it or don't.
The Convention Against Torture and Other Cruel, Inhuman, and Degrading Punishment or Treatment (United Nations, 1985) defines torture as: "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity." Acts that would be considered torture under the above definition include a variety of methods: severe beatings, electric shock, sexual abuse and rape, prolonged solitary confinement, hard labor, near drowning, near suffocation, mutilation, hanging for prolonged periods, deprivation of basic biological needs (e.g., sleep, food, water), subjection to forced constant standing or crouching, and excessive continuous noise (e.g. McCoy, 2006; Walsh, 2006). Torture may also include actions inducing psychological suffering such as threats against the victim's family or loved ones (e.g., McCoy, 2006).
McCoy, A. W. (2006). A question of torture: CIA interrogation, from the Cold War to the War on Terror. New York: Metropolitan Books.
United Nations, Department of Public Information (1985). Outlawing an ancient evil: Torture. Convention against torture and other cruel or degrading treatment or punishment. New York: Author.
Just note this - on December 8 the president met with a number of Democratic leaders to review the recommendations of the Iraq Study Group report, and discuss "the way forward in Iraq." But the president didn't want to talk about that at all -
Make of that what you will. There's two more years of this in store for us all.
Instead, Bush began his talk by comparing himself to President Harry S Truman, who launched the Truman Doctrine to fight communism, got bogged down in the Korean War and left office unpopular.
Bush said that "in years to come they realized he was right and then his doctrine became the standard for America," recalled Senate Majority Whip-elect Richard Durbin, D-Ill. "He's trying to position himself in history and to justify those who continue to stand by him, saying sometimes if you're right you're unpopular, and be prepared for criticism."
Durbin said he challenged Bush's analogy, reminding him that Truman had the NATO alliance behind him and negotiated with his enemies at the United Nations. Durbin said that's what the Iraq Study Group is recommending that Bush do now - work more with allies and negotiate with adversaries on Iraq.
Bush, Durbin said, "reacted very strongly. He got very animated in his response" and emphasized that he is "the commander in chief."