PHR Letter in Support of California Bill to Stop Doctor/Psychologist Participation in U.S. Torture Interrogations

Tomorrow, a California State Senate Select Committee is holding a hearing on the Ridley-Thomas Resolution which would require California licensing agencies to send letters to their health professional licensees to inform them that participation in abusive detainee treatment and coercive interrogations could be subject to prosecution. I described this bill last week. Now, the president of Physicians for Human Rights (PHR) has written to State Senator Ridley-Thomas offering full support for this important piece of legislation.

All opponents of state-sponsored torture and abusive interrogations should support this bill, and put maximum pressure on California legislators to vote this bill into law. Additionally, with the presidential campaign headed for a February primary showdown in 20 states, including California, all candidates should tell us where they stand on this potentially landmark bill.

PHR's full letter follows. Its text also appears, with suitable commentary, at Stephen Soldz's website, Psyche, Science, and Society. Bold text below represents my own emphasis.

January 11, 2007

Senator Mark Ridley Thomas
State Capitol, Room 4061
Sacramento, CA 95814

Re: Support for Resolution on Health Professional Involvement in Torture

Dear Senator Thomas:

I am writing on behalf of Physicians for Human Rights (PHR), an organization that for 20 years has been engaged in mobilizing the health professions to advance human rights. We strongly support the resolution you have offered. It is a critical step toward restoring the integrity of the health professions in the context of national security policy and renewing public confidence in these professions.

For its entire history, PHR has been engaged in documenting torture throughout the world and ending medical complicity in it. We also led the process of establishing international standards for medical documentation of torture (the Istanbul Protocol), which were endorsed by the UN General Assembly. In 1997 Physicians for Human Rights shared in the Nobel Peace Prize as a member of the Steering Committee of the International Campaign to Ban Landmines.

In recent years, we have been actively engaged in stopping torture by the United States and any medical participation in it. We issued a seminal report on the use of psychological torture, Break Them Down, and a medico-legal analysis of “enhanced” interrogation techniques, Leave No Marks (available on our web site, www.physiciansforhumanrights.org.) PHR has been particularly concerned about the role of health professionals as designers, implementers, and supervisors of systematic torture and cruel, inhuman, and degrading treatment of detainees. This role is in direct contravention of the foundational tenets of medical ethics and domestic and international human rights law and significantly undermines the health professional’s role as healer. We and our advisers have written analyses of the problem for the Journal of the American Medical Association and other scientific and legal journals, provided op-ed articles for major newspapers including the Los Angeles Times, and provided testimony to the U.S. Congress. We have also played an active role in providing guidance and advice to professional associations, including the American Medical Association, the American Psychiatric Association, and the American Psychological Association, in setting out the ethical standards applicable to the health profession in the context of interrogation.

It is this background that leads us to support the resolution you are offering. It states clearly that all health professionals should not participate in torture or cruel, inhuman and degrading treatment. Moreover, it follows the approach the American Medical Association and the American Psychiatric Association took after careful study, which holds that to be true to ethical commitments, physicians should not participate in the interrogation of individual detainees at all – even an interrogation that doesn’t involve torture or cruel treatment. These organizations adopted this stance in recognition that the traditional standard – no participation in torture and cruel treatment – is inadequate. I would like to review the reasons for this stance.

First, it is indisputable that even the most benign interrogation is designed to induce distress and anxiety. Interrogations conducted by the United States in the context of detention of terrorist suspects, significantly exacerbate this distress, and the potential for long-term harm, because they take place in a closed environment where human rights violations, including no due process and indefinite confinement, can easily occur. Engaging in any interrogation support in these circumstances, even where the interrogation is legal, is inconsistent with core ethical value of all the health professions in avoiding harm. This stance is similar to the ethical prohibition on physicians from participation in executions even in states where, as in California, capital punishment is legal.

Second, while it is often claimed that health professionals can play the role of a “safety officer” in interrogations, the investigations we and others have conducted have shown that the opposite is the case: in this role, health professionals in Behavioral Science Consultation Teams become the decision-makers in the calibration of the degree of pain and distress to be inflicted. This is shown in a forthright report issued by the Army Surgeon General in 2005, which on the one hand affirmed that health professionals act to assure that interrogations are safe, but expected them to advise interrogators when it was permissible to increase the distress and pain inflicted on a detainee.

Third, it is often argued that health professionals, particularly behavioral scientists, by sharing information and insights about individual detainees, can help establish rapport with a detainee and otherwise support non-coercive interrogations. But this role provides an invitation – which is embodied in current military rules – to share medical records and results of examinations with interrogators. The AMA and American Psychiatric Association have therefore come to the view that their members may train interrogators generally about human behavior and interrogation but not participate in individual interrogations.

Finally, there is a terrible slippery slope in engaging in interrogations that fall short of torture or cruel treatment. As we know, the interpretations of what amounts to torture and cruel treatment by the Justice Department, CIA and Department of Defense are ever-changing, and health professionals ought not to be in the position of being told that a certain interrogation method is acceptable because the lawyers have said so. They are not in a position, either from the point of view of legal knowledge of authority, to contest such determinations, and the prudent approach is to remove them from the situation where such choices must be made. The record of interrogations by the United States has indeed shown that psychologists and physicians have been reassured that the conduct involved does not involve torture and cruel treatment, when in fact it does. Whether serving as supposed “safety officers,” members of Behavioral Consultative Science Teams (BSCTs), or as advisors and implementers to interrogations, health professionals, especially psychologists and physicians, have had their medical expertise and prestige twisted to legitimate criminal treatment of suspected terrorists. The untenable position in which they have been placed can only be avoided by banning participation altogether.

We are aware that some health professionals and the American Psychological Association wish to continue a role for health professionals in interrogations, and thus urge adherence to the pre-9/11 standard, which only prohibits participation in torture or cruel, inhuman or degrading treatment. But the experience of the past six years shows why that standard is unworkable and ineffective, and why both internationally – through the World Medical Association – and domestically, the majority approach since 9/11 has been to end the participation of members of health professions obligated to “do no harm” in interrogation altogether.

Because your resolution does precisely this approach we support it. It can help provide health professionals serving in national security environments the ethical and legal guidance they so desperately require to operate in US detention facilities in a manner that comports with their professional ethics and values. By passing this resolution, California will also send a strong message to national security agencies that there is no circumstance where a health professional should be allowed to participate in the willful infliction of harm, and that California will hold health professionals who engage in these activities accountable for their violation of their solemn duty to “do no harm”.

Sincerely,

Leonard S. Rubenstein
President

On Wars and Casualities: "Numbers Sanctify"

A new study on Iraqi casualites due to the U.S. invasion have engendered some controversy, and the newspapers duly report the figures. Is it 30,000? 150,000? 600,000?

In these crazy, deadly times, how appropriate to give the final word to a celluloid figure, whose own final words were recorded over sixty years ago now:

Wars, conflict, it's all business. One murder makes a villain. Millions a hero. Numbers sanctify. (Monsieur Verdoux)

Close Guantamo: All Out for January 11 Demos

From the ACLU website:

JANUARY 11, 2008, is the six-year anniversary of the first arrival of prisoners at Guantánamo Bay.

On January 11, we are calling on everyone opposed to torture and indefinite detention to WEAR ORANGE to symbolize their sadness and disgust with the national shame that is Guantánamo Bay.

Download the CLOSE GUANTÁNAMO Toolkit now to find out how you can organize for January 11 at home, in your office, on campus, in your community, and online. Learn More About Guantánamo

There are events planned all around the country. Go to the site to find out what's planned in your area. While you're at it, you may want to think about contributing to ACLU or any of the other organizations involved in this event, and in fight against torture and for human and democratic rights in general.

Meanwhile, DWG over at Daily Kos brings us up to date on the case of Abdul Al-Ghizzawi, whose case I described last autumn.

Thanks to the government failing to retain (read: destroyed) evidence used in the 2004 tribunals, Mr. Al-Ghizzawi may have a third crack at the kangaroo court. Gorman is pessimistic she will be given the opportunity to serve as his advocate in a third CSRT hearing.

What’s more, I asked if I could be present at Mr. Al-Ghizzawi’s third CSRT if such an event is to take place and I queried as to whether the military has decided whether attorneys can be present at the new tribunals.

I waited more than a week for a response. Then I sent an email asking those questions again. This time I received a reply: “We are in receipt of your letter and email. We are not in a position to provide any information at this time.” I immediately responded asking if he could tell me when he might anticipate being able to provide that information to me.... I don’t expect a response.

Perhaps one day I will learn that the military conducted a third tribunal for al-Ghizzawi. He will probably be too ill to attend or at least too ill to participate. The media will be there, government attorneys too… but I do not expect the government will extend me an invitation.

The Dark Nexus of the World: More on the Edmonds Revelations & the Meaning of Deep Politics

The "dark nexus" of the world is where its most secretive business is conducted, such as the bribes and secret payoffs that Sibel Edmonds recently revealed were behind a nuclear proliferation ring that involved many top U.S. officials. According to a recent compelling article by Chris Floyd (whose descriptor above I have quoted), this "shadowlands" is "where covert operations, criminal networks, terrorism, high finance and state policy mingle, and battle, in profitable murk." I believe Peter Dale Scott famously called this essential, if diabolical aspect of modern history, "deep politics."

Floyd likens the recent Edmonds tale to that of the scandal around BCCI, "the 'Bank of Credit and Commercial International,' a supposed financial group that a U.S. Senate investigation called 'one of the largest criminal enterprises in history'".

And what were the illicit activities that BCCI facilitated for its entangled crime gangs and government agents? The Senate report:

"BCCI's criminality included fraud by BCCI and BCCI customers involving billions of dollars; money laundering in Europe, Africa, Asia, and the Americas; BCCI's bribery of officials in most of those locations; support of terrorism, arms trafficking, and the sale of nuclear technologies; management of prostitution; the commission and facilitation of income tax evasion, smuggling, and illegal immigration; illicit purchases of banks and real estate; and a panoply of financial crimes limited only by the imagination of its officers and customers."

The Senate investigators found that the CIA lied about is extensive, long-term contacts with BCCI, although the Kerry panel [John Kerry led the 1992 Senate investigation] often couched this flagrant falsehood in more decorous tones, e.g., "the CIA inadvertently failed" to tell the proper federal officials about BCCI's criminal activities (emphasis added). Still, much of the findings are straightforward on this point: "After the CIA knew that BCCI was as an institution a fundamentally corrupt criminal enterprise, it continued to use both BCCI and First American, BCCI's secretly held U.S. subsidiary, for CIA operations."

There's more... a lot more. BCCI helped funnel money to Saddam Hussein in the 1980s, including money for chemical weapons and WMD. Bush Sr. squashed investigations that threatened to expose this. Then there's the links to Bush Jr. (and possibly Bill Clinton).

As Kevin Phillips points out in his devastating – and woefully ignored – book on the Bushes, American Dynasty, Bush II's first large-scale business enterprise, the Arbusto oil company, was almost certainly financed in part with investments from American frontmen for BCCI-connected Saudi grandees Salem bin Laden, older brother of Osama bin Laden and then the head of the family, and Khalid bin Mahfouz, a major stockholder in BCCI.
The failing Arbusto was later bought out by Harken Energy in a sweetheart deal that landed business failure Bush a plum spot on the Harken board and plenty of stock to play with. Bush soon worked his magic touch on Harken: the company began to tank. It was saved by an unusual infusion of $25 million from the Union Bank of Switzerland, one of BCCI's associates. The deal was brokered by long-time Bush family contributor Jackson Stephens – who, curiously enough, was also a major paymaster for Bill Clinton's political rise. In fact, in 1992, Stephens was the largest individual contributor to both Bush I and Clinton in their presidential contest.

There's much, much more, and I courteously encourage the reader to go read all of Floyd's well-written piece. (And a h/t to Inky99 over at Daily Kos, whose own article on this directed my attention to Chris's article.)
According to Peter Dale Scott, who draws conclusions in an academic sort of way (he is a professor, after all):

A deep political system or process is one which resorts to decision-making and enforcement procedures outside as well as inside those sanctioned by law and society. What makes these supplementary procedures "deep" is the fact that they are covert or suppressed, outside public awareness as well as outside sanctioned political processes.
We see deep politics in imperial and post-imperial systems which are accustomed to use criminal assets to intervene lawlessly in other societies....
Deep political analysis focuses on the usually ignored mechanics of accommodation. From the viewpoint of conventional political science, law enforcement and the underworld are opposed to each other, the former struggling to gain control of the latter. A deep political analysis notes that in practice these efforts at control lead to the use of criminal informants; and this practice, continued over a long period of time, turns informants into double agents with status within the police as well as the mob. The protection of informants and their crimes encourages favors, payoffs, and eventually systemic corruption. The phenomenon of "organized crime" arises: entire criminal structures that come to be tolerated by the police because of their usefulness in informing on lesser criminals. In time one may arrive at the kind of police-crime symbiosis familiar from Chicago, where the controlling hand may be more with the mob than with the police it has now corrupted.

Floyd concludes his own article in a more succinct fashion, getting right to the point:

This is the way the world works. Behind the glitz and gossip of presidential campaigns, behind all the earnest "policy debates" on Capitol Hill, behind all the "position papers" and "vision statements" of think tanks and political parties, behind all the great panoply of state and our august Establishment institutions, thieves and murderers have their way, in league with the great and good.

But neither Scott nor Floyd says what has to be said (because each believes the dark political realities are almost too great to fight), that the time is now overripe for the entry of the regular people into history. When it happens, such action shatters the previous status quo, with its networks of criminals and politicians, and changes the society forever. The classic example of this was the storming of the Bastille on 14 July 1789. The storming of the Winter Palace in 1917, backed up by the sailors of the Russian Navy, was another such moment in history.

For the "deep politics" of the criminal gangs and the titans of industry and politics that govern this world are aimed at exploiting the working peoples of the world, and the only answer to such activity must come from the heart and soul of humanity itself. Life against death: what is good in human beings against what is fearful and tyrannical.

Now, I am not advocating a storming of anything. Nor can I predict in what form any revolutionary emergence or change will take place. But the thoroughly corrupt leadership of the nation states and empires that jostle and struggle for supremacy on this globe are leading humanity to the edge of the nuclear precipice, and time is growing far too short. This blog is a minuscule voice in the shout and wild hurrah that is the eternal buzzing of the Internet. It is my stone cast into the void. It is my wish for a spark. It is a prediction awaiting fulfillment, or a drowning in the coming flood of war and holocaust, led by the greedy men and women that ply their trade in and out of the dark nexus of the world's "business."

Support California Bill to Stop U.S. Torture Collaboration by M.D.s & Psychologists

While the the American Psychological Association (APA) readies its ethics casebook, which is supposed to clarify their "strong" position against torture and abuse interrogations, APA still supports the participation of psychologists assisting the interrogation process at Guantanamo and CIA "black site" prisons. Now, the California State Legislature may be moving to try and stop such psychologist involvement.

Next Monday, January 14, a California State Senate Select Committee is holding a hearing on the Ridley-Thomas Resolution which would require California licensing agencies to send letters to their health professional licensees to inform them that participation in abusive detainee treatment and coercive interrogations could be subject to prosecution. Dr. Jean Maria Arrigo is testifying to the committee on Monday and will deliver a letter of support from withholdAPAdues.com, which has been fighting within the APA for a moratorium against psychologist participation in torture and abusive and coercive interrogations at national security settings.

Mark Ridley-Thomas (D-Los Angeles) was a co-sponsor of an earlier California Assembly resolution that called for a U.S. Congressional impeachment investigation against President George W. Bush and Vice President Dick Cheney. Now he's going after the apparatus that allows for military and CIA torture at U.S. prisons in Bush's misnamed "war on terror" (the link is to a cached page, as the regular page isn't coming up for some reason):

In the humanitarian spirit of Dr. Martin Luther King Jr., Senator Ridley-Thomas is stepping out front to address the controversial issue of physician-involved torture of detainees and prisoners at Guantanamo Bay. The Senator has called for a legislative hearing on January 14th to fully explore the topic.

As Chair of the Senate Committee on Business, Professions and Economic Development, Ridley-Thomas will also be presenting a Senate Resolution to remove all California physicians from participating in prisoner and detainee interrogation practices.

The Senate Resolution states in part, that the U.S. Department of Defense has "failed to oversee the ethical conduct of California licensed health professionals related to torture." It further requests all relevant California agencies to notify California licensed health professionals that those participating in torture may be subject to prosecution.

Physician groups, including the American Medical Association and national humanitarian organizations, including the (AFSC), have condemned the involvement of physicians in the torture of prisoners.

AFSC has begun a Californians to Stop the Torture Campaign. The group hopes to collect 10,000 signatures petitioning the State of California to notify its doctors, psychologists, and other licensees of their obligations to refrain from participating in acts of torture. For more information regarding the upcoming hearing, please visit the Senator's website: http://dist26.casen.govoffice.com/.

This proposed resolution deserves ALL of our support, not just citizens of California. I suspect that it's possible that behind the scenes moves are already taking place to submarine this resolution, or at least relegate it to the realm of non-event by stifling publicity. We must not let this happen!

I know everyone is mesmerized by all the drama around the presidential primaries. Indeed, such political struggle is red meat to many of the denizens of this site. But let's now lose sight of the struggle still going on among those currently elected to serve us.

While a copy of this resolution cannot be accessed online, so far as I know, a copy of it has come into my possession. Whether it is the final copy, I cannot say (notice there are some blanks in the copy, meant I suppose to be filled in with relevant data). Please note, all bolded text is my emphasis only.

AUTHORS COPY
10/15/07 08:1OAM
58048 RN 07 29989 PAGE 1
LEGISLATIVE COUNSEL’S DIGEST
as introduced, Ridley-Thomas.

General Subject: Health professionals: torture.

This measure would request all relevant California agencies to notify California-licensed health professionals about their professional obligations under international law relating to torture and the treatment of detainees, as specified, and to also notify those professionals that those who participate in torture, among other forms of treatment, may be subject to prosecution. In addition, the measure would request the United States Department of Defense and the Central Intelligence Agency to remove all California-licensed health professionals from participating in prisoner and detainee interrogations

Fiscal committee: yes.

WHEREAS, Health professionals licensed in California, including, but not limited to, physicians, osteopaths, psychologists, psychiatric workers, and nurses, have and continue to serve nobly and honorably in the armed services of the United States; and

WHEREAS, United States Army regulations and the War Crimes Act and, relative to the treatment of prisoners of war, Common Article III of the Geneva Conventions and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) require that all military personnel report and not engage in acts of abuse or torture; and

WHEREAS, CAT defines the term “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”; and

WHEREAS, In 2002, the United States Department of Justice reinterpreted national and international law related to the treatment of prisoners of war in a manner that purported to justify long-prohibited interrogation methods and treatment of detainees; and

WHEREAS, Physicians and other medical personnel and psychologists serving in noncombat roles are bound by international law and professional ethics to care for enemy prisoners and to report any evidence of coercion, or abuse of detainees; and

WHEREAS, The World Medical Association (WMA) issued guidelines stating that physicians shall not use nor allow to be used their medical knowledge or skills, or health information specific to individuals, to facilitate or otherwise aid any interrogation, legal or illegal; and

WHEREAS, The guidelines issued by the WMA also state that physicians shall not participate in or facilitate torture or other forms of cruel, inhuman, or degrading procedures of prisoners or detainees in any situations; and

WHEREAS, The American Medical Association’s (AMA) ethical policy prohibits physicians from conducting or directly participating in an interrogation and from monitoring interrogations with the intention of intervening; and

WHEREAS, AMA policy also states that “(t)orture refers to the deliberate, systematic or wanton administration of cruel, inhumane > and degrading treatments or punishments during imprisonment or detainment. Physicians must oppose and must not participate in torture for any reason ... Physicians should help provide support for victims of torture and, whenever possible, strive to change the situation in which torture is practiced or the potential for torture is great”; and

WHEREAS, In May 2006, the American Psychiatric Association stated that psychiatrists should not “participate directly in the interrogation of persons held in custody by military or civilian investigative or law enforcement authorities, whether in the United States or elsewhere,” and that “psychiatrists should not participate in, or otherwise assist or facilitate, the commission of torture of any person. Psychiatrists who become aware that torture has occurred, is occurring, or has been planned must report it promptly to a person or persons in a position to take corrective action”; and

WHEREAS, In August 2006, the American Psychological Association stated _____ that “psychologists shall not knowingly participate in any procedure in which torture _____ or other forms of cruel, inhuman, or degrading treatment or cruel, inhuman, or degrading punishment is used or threatened” and that “should torture or other cruel, inhuman, or degrading treatment or cruel, inhuman, or degrading punishment evolve during a procedure where a psychologist is present, the psychologist shall attempt to intervene to stop such behavior, and failing that exit the procedure”; and

WHEREAS, In June 2005, the House of Delegates of the American Nurses Association issued a resolution stating all of the following: “prisoners and detainees have the right to health care and humane treatment”; “registered nurses shall not voluntarily participate in any deliberate infliction of physical or mental suffering”; “registered nurses who have knowledge of ill- treatment of any individuals including detainees and prisoners must take appropriate action to safeguard the rights of that individual”; “the American Nurses Association shall condemn interrogation procedures that are harmful to mental and physical health”; “the American Nurses Association shall advocate for nondiscriminatory access to health care for wounded military and paramilitary personnel and prisoners of war”; and “the American Nurses Association shall counsel and support nurses who speak out about acts of torture and abuse”; and

WHEREAS, In March 2005, the California Medical Association stated that it “condemns any participation in, cooperation with, or failure to report by physicians and other health professionals the mental or physical abuse, sexual degradation, or torture of prisoners or detainees”; and

WHEREAS, In November 2004, the American Public Health Association stated that it “condemns any participation in, cooperation with, or failure to report by health professionals the mental or physical abuse, sexual degradation, or torture of prisoners or detainees:’ that it “urges health professionals to report abuse or torture of prisoners and detainees;’ and that it “supports the rights of health workers to be protected from retribution for refusing to participate or cooperate in abuse or torture in military settings”; and

WHEREAS, The United States military medical system in Guantanamo Bay, Afghanistan, Iraq, and other United States operated foreign military prisons failed to protect detainees’ rights to medical treatment, failed to prevent disclosure of confidential medical information to interrogators and others, failed to promptly report injuries or deaths caused by beatings, failed to report acts of psychological and sexual degradation, and sometimes collaborated with abusive interrogators and guards; and

WHEREAS, Current United States Department of Defense guidelines authorize the participation of certain military health personnel, especially psychologists, in the interrogation of detainees as members of “Behavioral Science Consulting Teams” in violation of professional ethics. These guidelines also permit the use of confidential clinical information from medical records to aid in interrogations and

WHEREAS, Evidence in the public record indicates that military psychologists participated in the design and implementation of psychologically abusive interrogation methods used at Guantanamo Bay, in Iraq, and elsewhere, including sleep deprivation, long-term isolation, sexual and cultural humiliation, forced nudity, induced hypothermia and other temperature extremes, stress positions, sensory bombardment, manipulation of phobias, force-feeding hunger strikers, and more; and

WHEREAS, Published reports indicate that the so-called “enhanced interrogation methods” of the Central Intelligence Agency reportedly include similar abusive methods and that agency psychologists may have assisted in their development; and

WHEREAS, Medical and psychological studies and clinical experience show that these abuses can cause severe or serious mental pain and suffering in their victims, and therefore may violate the “torture” and “cruel and inhuman treatment” provisions of CAT and the United States War Crimes Act, as amended by the Military Commissions Act of 2006; and

WHEREAS, The United States Department of Defense has failed to oversee the ethical conduct of California-licensed health professionals related to torture; now, therefore, be it

Resolved by the Senate and the Assembly of the State of California, jointly, That the Legislature hereby requests all relevant California agencies, including, but not limited to, the Board of Behavioral Sciences, the Dental Board of California, the Medical Board of California, the Osteopathic Medical Board of California, the California State Board of Pharmacy, the Physician Assistant Committee of the Medical Board of California, the California Board of Pediatric Medicine, the Board of vocational Nursing and Psychiatric Technicians, the Board of Psychology, and the Board of Registered Nursing, to notify California-licensed health professionals via newsletter, email, and Web site about their professional obligations under international law, specifically Common Article HI of the Geneva Conventions, the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, and the amended War Crimes Act, which prohibit the torture of and the cruel, inhuman, and degrading treatment or punishment of detainees in United States custody; and be it further __

Resolved, That the Legislature hereby requests all relevant California agencies _____ to notify health professionals licensed in California that those who participate in torture and other forms of cruel, inhuman, or degrading treatment or punishment may one day be subject to prosecution; and be it further

Resolved. That the Legislature hereby requests the United States Department of Defense and the Central Intelligence Agency to remove all California-licensed health professionals, including, but not limited to, physicians and psychologists, from participating in any way in prisoner and detainee interrogations, in view of their respective ethical obligations, the record of abusive interrogation practices, and the Legislature’s interest in protecting California health professionals from the risk of criminal liability; and be it further

Resolved, That the Secretary of the Senate transmit copies of this resolution to the United States Department of Defense, the Central Intelligence Agency, and all relevant California agencies, including, but not limited to, the Board of Behavioral Sciences, the Dental Board of California. the Medical Board of California, the Osteopathic Medical Board of California, the California State Board of Pharmacy, the Physician Assistant Committee of the Medical Board of California, the California Board of Pediatric Medicine, the Board of Vocational Nursing and Psychiatric Technicians, the Board of Psychology, and the Board of Registered Nursing.

This is a stupendous blow against the federal government's torture regime. It may, in the end, not be enforceable; I don't know. But it won't go anywhere, I can guarantee you, without public support and pressure. Call (Office -- (916) 651-4026
or Fax -- (916) 445-8899) or contact Mark Ridley-Thomas and tell him you support him, and send messages to your local California State Senator and Assemblyperson telling them to support the Ridley-Thomas Resolution Against Participation by Medical Professionals in Torture!

Gagged Whistleblower Speaks: U.S. Cover-Up on Sale of Nuclear Secrets Abroad

Sibel Edmonds, a former Turkish translator for the FBI, has told the Sunday Times "how foreign intelligence agents had enlisted the support of US officials to acquire a network of moles in sensitive military and nuclear institutions." These intelligence assets then sold, according to Sibel, "highly classified information, not only from the State Department but also from the Pentagon, in exchange for money, position and political objectives.”

Sibel's charges are only coming out now, even though she has given classified testimony to Congress and to the 9/11 Commission. While Edmonds and some in the FBI were tracing the transfer of nuclear technology and other secrets to the Pakistani Inter-Services Intelligence (ISI) spy agency via Turkish conduits, other elements within government were moving to shut down any investigation. As for the stolen information, it was passed on to the notorious A.Q. Khan, "father" of the Pakistani atomic bomb, and of a network of nuclear proliferation that went around the world.

The blogger lukery has put names to pictures Edmonds has posted on some of those culpable in the bribery-intelligence scandal, and they are among some of the most famous names in Bush's foreign policy apparatus, including Richard Perle, Douglas Feith, Eric Edelman, Marc Grossman (supposedly the State Department official quoted anonymously in the Sunday Times article), and congressional bigwigs from both sides of the aisle, like Dennis Hastert, Tom Lantos, Roy Blount, Stephen Solarz, and others.

Given the blackout in the U.S. mainstream press, I don't know how far this scandal will become public and operational in this country. The entire story demonstrates just how dangerous and corrupt the present political order is. A cover-up of massive proportions has kept this story from coming out, fingering, as it does, major political players from both political parties in treasonous activity. Yet, treason may be one of the lighter charges, as these individuals have manipulated the most dangerous technology in the world for both profit and political exigency, thereby destabilizing the world far more than anyone like Osama bin Laden could have ever dreamed.

But even beyond that the major question hangs ominously: who gave the green light to help the Pakistanis (and possibly the Israelis) get the bomb? And to spread these nuclear secrets around the globe? Could it be the same folks who refused to press for the extradition or questioning of A.Q. Khan, now under luxurious house arrest in Pakistan?

Following the story in the Sunday Times article (bold remarks are mine):

One of Edmonds’s main roles in the FBI was to translate thousands of hours of conversations by Turkish diplomatic and political targets that had been covertly recorded by the agency.

A backlog of tapes had built up, dating back to 1997, which were needed for an FBI investigation into links between the Turks and Pakistani, Israeli and US targets. Before she left the FBI in 2002 she heard evidence that pointed to money laundering, drug imports and attempts to acquire nuclear and conventional weapons technology.

“What I found was damning,” she said. “While the FBI was investigating, several arms of the government were shielding what was going on.”

The Turks and Israelis had planted “moles” in military and academic institutions which handled nuclear technology. Edmonds says there were several transactions of nuclear material every month, with the Pakistanis being among the eventual buyers. “The network appeared to be obtaining information from every nuclear agency in the United States,” she said.

They were helped, she says, by the high-ranking State Department official who provided some of their moles – mainly PhD students – with security clearance to work in sensitive nuclear research facilities. These included the Los Alamos nuclear laboratory in New Mexico, which is responsible for the security of the US nuclear deterrent....

The Turks, she says, often acted as a conduit for the Inter-Services Intelligence (ISI), Pakistan’s spy agency, because they were less likely to attract suspicion. Venues such as the American Turkish Council in Washington were used to drop off the cash, which was picked up by the official....

The Pakistani operation was led by General Mahmoud Ahmad, then the ISI chief.

Intercepted communications showed Ahmad and his colleagues stationed in Washington were in constant contact with attachés in the Turkish embassy.

Intelligence analysts say that members of the ISI were close to Al-Qaeda before and after 9/11. Indeed, Ahmad was accused of sanctioning a $100,000 wire payment to Mohammed Atta, one of the 9/11 hijackers, immediately before the attacks.

The results of the espionage were almost certainly passed to Abdul Qadeer Khan, the Pakistani nuclear scientist.

Khan was close to Ahmad and the ISI. While running Pakistan’s nuclear programme, he became a millionaire by selling atomic secrets to Libya, Iran and North Korea. He also used a network of companies in America and Britain to obtain components for a nuclear programme.

Khan caused an alert among western intelligence agencies when his aides met Osama Bin Laden. “We were aware of contact between A Q Khan’s people and Al-Qaeda,” a former CIA officer said last week. “There was absolute panic when we initially discovered this, but it kind of panned out in the end.”

It's not certain what this cryptic latter comment means, but I'd like to know more about what they knew about the Khan/Al-Qaeda contact. It does seem likely that the CIA is up to its ears in this business.

It is likely that the nuclear secrets stolen from the United States would have been sold to a number of rogue states by Khan....

Following 9/11, a number of the foreign operatives were taken in for questioning by the FBI on suspicion that they knew about or somehow aided the attacks....

“A primary target would call the official and point to names on the list and say, ‘We need to get them out of the US because we can’t afford for them to spill the beans’,” she said. “The official said that he would ‘take care of it’.”

The four suspects on the list were released from interrogation and extradited.

Edmonds also claims that a number of senior officials in the Pentagon had helped Israeli and Turkish agents....

Once acquired, the nuclear secrets could have gone anywhere. The FBI monitored Turkish diplomats who were selling copies of the information to the highest bidder....

Edmonds’s employment with the FBI lasted for just six months. In March 2002 she was dismissed after accusing a colleague of covering up illicit activity involving Turkish nationals.

She has always claimed that she was victimised for being outspoken and was vindicated by an Office of the Inspector General review of her case three years later. It found that one of the contributory reasons for her sacking was that she had made valid complaints.

The US attorney-general has imposed a state secrets privilege order on her, which prevents her revealing more details of the FBI’s methods and current investigations.

Her allegations were heard in a closed session of Congress, but no action has been taken and she continues to campaign for a public hearing....

In researching this article, The Sunday Times has talked to two FBI officers (one serving, one former) and two former CIA sources who worked on nuclear proliferation. While none was aware of specific allegations against officials she names, they did provide overlapping corroboration of Edmonds’s story.

Pentagon Papers whistleblower Daniel Ellsberg has reportedly called the Sibel Edmonds revelations (and we don't know all of them yet) "far more explosive than the Pentagon Papers. When we add these revelations to others coming out around the CIA destroyed tapes scandal, and recent publications linking CIA mind control experiments to biological warfare crimes by the U.S. government -- including the long-denied use of bacteriological warfare by the U.S. during the Korean War -- we may have the makings of a crackdown on the intelligence agencies not seen in decades.

But given the craven capitulations of a majority Democratic Congress, a U.S. media controlled by military-linked corporate interests, and a political culture enamoured of electoralism (while controlled by the aforesaid corporations), I wouldn't hold my breath. This country awaits the awakening of the population as real political actors in society, and not iPod and T.V. mesmerized participants in American Idol-like spectacles of inanity and nihilistic meaninglessness.

Harman Releases CIA Correspondence on Destroyed Tapes

Congresswoman Jane Harman (D-Venice, CA) has released on her website copies of her letter to "then CIA General Counsel Scott Muller, urging the Agency to reconsider its plan to destroy videotape of the interrogation of Abu Zubaydah," and Muller's reply letter to her. I'll have more to say on this later, but I encourage readers to follow up the discussion on this latest information to surface in the CIA scandal over at Balkinization and Psyche, Science and Society, the blogs of Marty Lederman and Stephen Soldz, respectively.

Meanwhile, here's Rep. Harman's letter, for reference. It's followed by Scott Muller's. As to my own take on these matters, for the moment all I can do is refer the reader to my original posting on this when the scandal first broke last month: No Moral Compass: Pelosi, Democrats, & the WP Revelations.

Dear Mr. Muller:

Last week’s briefing brought home to me the difficult challenges faced by the Central Intelligence Agency in the current threat environment. I realize we are at a time when the balance between security and liberty must be constantly evaluated and recalibrated in order to protect our nation and its people from catastrophic terrorist attack and I thus appreciate the obvious effort that you and your Office have made to address the tough questions. At the briefing you assured us that the [redacted] approved by the Attorney General have been subject to an extensive review by lawyers at the Central Intelligence Agency, the Department of Justice and the National Security Council and found to be within the law.

It is also the case, however, that what was described raises profound policy questions and I am concerned about whether these have been as rigorously examined as the legal questions. I would like to know what kind of policy review took place and what questions were examined. In particular, I would like to know whether the most senior levels of the White House have determined that these practices are consistent with the principles and policies of the United States. Have enhanced techniques been authorized and approved by the President?

You discussed the fact that there is videotape of Abu Zubaydah following his capture that will be destroyed after the Inspector General finishes his inquiry. I would urge the Agency to reconsider that plan. Even if the videotape does not constitute an official record that must be preserved under the law, the videotape would be the best proof that the written record is accurate, if such record is called into question in the future. The fact of destruction would reflect badly on the Agency.

I look forward to your response.

Sincerely, Jane Harman

+++++++++++++++++++++++++++++++++

Dear Ms. Harman:

Thank you for your letter of 10 February following up on the briefing we gave you and Congressman Goss on 5 February concerning the Central Intelligence Agency’s limited use of the handful of specially approved interrogation techniques we described. As we informed both you and the leadership of the Intelligence Committees last September, a number of Executive Branch lawyers including lawyers from the Department of Justice participated in the determination that, in the appropriate circumstances, use of these techniques is fully consistent with US law. While I do not think it appropriate for me to comment on issues that are a matter of policy, much less the nature and extent of Executive Branch policy deliberations, I think it would be fair to assume that policy as well as legal matters have been addressed within the Executive Branch.

I enjoyed meeting you, albeit briefly, and I look forward to seeing you again.

Sincerely, Scott W. Muller

Conyers Raps New AG on CIA Tapes Investigation

Before everybody praises Michael "Is Waterboarding Torture?" Mukasey, Bush's new Attorney General, for appointing U.S. Prosecutor John Durham as head of a Justice Department criminal investigation into the CIA videotape destruction scandal, consider these succinct comments from an old Washington hand, Congressman John Conyers (remarks in bold are my emphases):

While I certainly agree that these matters warrant an immediate criminal investigation, it is disappointing that the Attorney General has stepped outside the Justice Department’s own regulations and declined to appoint a more independent special counsel in this matter. Because of this action, the Congress and the American people will be denied –- as they were in the Valerie Plame matter –- any final report on the investigation.

Equally disappointing is the limited scope of this investigation, which appears limited to the destruction of two tapes. The government needs to scrutinize what other evidence may have been destroyed beyond the two tapes, as well as the underlying allegations of misconduct associated with the interrogations.

The Justice Department’s record over the past seven years of sweeping the administration’s misconduct under the rug has left the American public with little confidence in the Administration’s ability to investigate itself. Nothing less than a special counsel with a full investigative mandate will meet the tests of independence, transparency and completeness. Appointment of a special counsel will allow our nation to begin to restore our credibility and moral standing on these issues.

So Durham is supposed to have cornered the mob, and have jailed some Connecticut pols... This is starting to smell like the Fitzgerald prosecution, with its Dudley Do-Right prosecutor, the limited scope of investigation, and likely many months before anything ever comes out about the destruction of evidence and obstruction of justice.

I agree with Congressman Conyers that a special prosecutor is needed in this case. But Rep. Conyers... really... wouldn't impeachment be a more direct way to "restore our credibility and moral standing on these issues"? And who could do more about that than... YOU!

"Battlefield of the Mind": U.S. Behavioral Specialists to "Deprogram" Iraqi Prisoners

This article details how U.S. forces and their Iraqi allies organize counterinsurgency operations against Iraqi prisoners, now numbering in the tens of thousands. No matter how they label and package it, it's counterinsurgency operations that are being described. And it was the special place of "behavioral specialists" in this plan that caught my attention. So please pardon this prefatory diversion into the world of science politics.

Psychologists at the American Psychological Association (APA) have been fighting for their place at the governmental funding table for decades now. A good part of what passes for politics in the field of behavioral sciences concerns the contest between psychologists and their institutional rivals (psychiatrists, and other types of behavioral "specialists"), most recently over the spoils of the lavishly-funded post-9/11 "war on terror". The internal split within APA over how or if psychologists should participate in CIA "black site" interrogations, and other such collaboration with U.S. torture, has roiled that organization.

An article over at the Psi Chi website, originally written in 2000, rehashes the issue of masters-level training for psychologists (Psi Chi being the honor society for psychologists), noting, in passing:

..."The master's degree in psychology continues to be the subject of considerable controversy".... Trent's (1993) opening statement in a more recent article followed the same vein when he said, "When the topic of master's-level training in psychology is broached, controversy abounds ..." (p. 586) and, citing Woods (1971), that "... Wilhelm Wundt raised questions about subdoctoral training even as psychology was establishing itself as a scientific discipline" (p. 586).

The American Psychological Association (APA) does not actively discourage pursuing the master's degree. APA, instead, tends to ignore it. For example, whereas APA's publication Getting In: A Step-By-Step Plan for Gaining Admission to Graduate School (1993) does discuss some pros and cons of a master's degree, there are only two pages of text devoted to the topic in this 221-page book.

Even more recently, the school psychologists of APA's Division 16 were shocked to find that APA's hierarchy, in the course of rewriting their Model Licensure Act (designed to guide states in the drafting of legislation and policies related to psychological licensure), planned to strip master's level practitioners in educational settings of the "psychologist" label, even though they have held this distinction for decades now. (You can read Division 16's Oct. 2007 reply to APA here).

Bitva over Plennies (apologies to A. Burgess)

Why is this discussion about masters-level practitioners relevant here? Well, if you have a well-attuned sense of irony, then you can appreciate the bitter humor that lurks among the larger atrocity that is U.S. treatment of its Iraqi detainees, and the role of medical and behavioral professionals in assisting the military and the intelligence agencies in this crime. What follows is from a Dec. 23 article in the Washington Post, "Deprogramming" Iraqi Detainees, by Walter Pincus. Bold emphases are mine.

Marine Maj. Gen. Douglas M. Stone, the commanding general in charge of detainee operations in Iraq, is seeking reinforcements from a contractor as he continues to maneuver on what he has called "the battlefield of the mind" and win over the roughly 25,000 Iraqi prisoners under his control.

In a proposal put out for bid Dec. 15, the Joint Contracting Command is seeking a team of professionals, including "teachers, religious and behavioral science counselors," who will "execute a program that effectively reintegrates [into Iraqi society] detainees, particularly those disposed to violent, radical ideology through education and counseling," according to the statement of work.

Part of the program will involve small detainee groups, possibly led by an Iraqi cleric and a behavioral scientist, "undergoing enlightenment, deprogramming and de-radicalization sessions" for six weeks.

The U.S. is looking for a contractor -- are you listening Blackwater? Or CACI International? Or Titan? -- to assemble the team, to be led by an American with managerial experience, and a "secret" level security clearance. Besides some years experience analyzing Middle Eastern affairs, this team leader should hopefully have, in addition, a master's degree in psychology or behavioral science. Why is this? Let us wait and see.

The No. 2 in the group is to be a "lead analyst" who must also be a U.S. citizen, have a secret-level clearance and have management experience. This person must also have five years of background in intelligence gathering and interrogation.

Looking for a Few Good Brainwashers

The emphasis on intelligence gathering and interrogation belies the programs purpose as one of "deprogramming and de-radicalization". But it makes sense when you realize one of the main non-enlightenment purposes of the Team is assembling "comprehensive individual assessments" of juvenile and adult prisoners, which could be used to "enable prudent decision-making on release or continued detention of detainees."

The third person in the proposed "leadership team" is supposed to be an an Iraqi cleric or some other person with a formal Islamic education, and an Arabic-speaker, as they will serve as the front man -- I mean, the "lead trainer/counselor for the deprogramming and de-radicalization efforts." And to make sure the Islamic specialist doesn't get too far off the enlightenment path, he will be assisted "by a 'psychological enlightenment' specialist who must have a master's degree in behavioral science. This assistant has the privilege of interviewing

"radicalized detainees to collect information about their motivations and pathways to radicalization" in order to "identify openings for change."

If that weren't enough, this battle for the Iraqi mind will include Iraqi social workers, teachers, and a cleric counselor, not to mention a specialists in "juvenile psychological enlightenment" (with the requisite master's degree in behavioral science, naturally).

The New Thought Reform

It seems the U.S. government is going to try and reprogram Iraqi prisoners, including children, using the same level of expertise used at your typical U.S. public mental health service. And APA, who has sworn to work with the National Security government, as their best handmaidens, gets to see its precious jobs go to non-doctoral workers. APA, as an advocacy group for its membership, has long posited the special role doctoral-level psychologists can play in society at large, and for the military in particular. (See their 2006 book, Psychology in the Service of National Security, edited by A. David Mangelsdorff.) But, here's the U.S. government placing a major new initiative on detainees and interrogation in the hands of -- gasp -- non-doctoral behavioral "specialists".

That's the "irony" part. The more substantive point is that once again the U.S. government is going to use these behavioral "specialists" in a mass campaign of interrogation and "re-education", of the sort that was decried when the Chinese did it in the 1940s and 1950s. Robert Jay Lifton described it as "thought reform and the psychology of totalism". The CIA paid journalists to label it "brainwashing". Now, the U.S. wants to call it "deprogramming", "deradicalization", and even more sinisterly, "enlightenment." Major General Stone refers to it generically as "the battlefield of the mind", channelling perhaps British psychiatrist William Sargant's 1957 classic of interrogation "science", Battle for the Mind: A Physiology of Conversion and Brain-washing. The choice of words is likely coincidental, but isn't Maj. Gen. Stone looking for something like this, when he thinks of his new "team", deprogramming Iraqi detainees. Perhaps, like many religions, a "confession" will be involved. And Dr. Sargant happened to have a word or two to say about that battle over the mind:

To elicit confessions, one must try to create feelings of anxiety and guilt, and induce states of mental conflict if these are not already present. Even if the accused person is genuinely guilty, the normal functioning of his brain must be disturbed so that judgment becomes impaired. If possible he must be made to feel a preference for punishment -- especially if combined with a hope for salvation when it is over rather than a continuation of the mental tension already present, or now being induced by the examiner. (pp. 203-204, Malor Books, 1997)

Now, I ask any member of the Council of Representatives of the American Psychological Association, do you want masters-level psychologists taking on this level of work? Of course, the real question is, why would any organization of behavioral professionals even endorse the intent and goals of such abhorrent procedures as proposed by Sargant, or in whatever form the Marines' new counterinsurgency program is taking in Iraq today?

However you want to portray Maj. Gen. Stone's new "team" of behavioral specialists, interrogators, intelligence agents, social workers, and clerics, it represents a particularly sick form of imperialist intervention, and one that any mental health advocacy group, such as APA, should denounce forthwith, if it had any healthy bones left in its corrupted body.

Oh, and for those interested:

Bids for the three-year program must be submitted by Jan. 8. The contracting agency has capped the cost at $210 million, with a minimum offer of $5 million.

(H/T on this item goes to "skywriter". Thanks.)