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Not Just Guantanamo: US Torturing Muslim Pretrial Detainee in New York City

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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 01:20 PM
Original message
Not Just Guantanamo: US Torturing Muslim Pretrial Detainee in New York City
Source: Truthout

Today, in New York City, the US is torturing a Muslim detainee with no prior criminal record who has not even gone to trial.

For the last almost three years, Syed Fahad Hashmi has been kept in total pretrial isolation inside in a small cell under 24-hour video and audio surveillance.
He is forced to use the bathroom and shower in full view of the video. He has not seen the sun in years. He takes his meals alone in his cell. He cannot see any other detainees and he is not allowed to communicate in any way with any prisoners. He cannot write letters to friends and he cannot make calls to anyone but his lawyer. He is prohibited from participating in group prayer. He gets newspapers that are 30 days old with sections cut out by the government. One hour a day, he is taken into another confined room where he is also kept in total isolation.

Children are taught that the US Constitution protects people accused of crimes. No one is to be punished unless their guilt or innocence has been decided in a fair trial. Until trial, people are entitled to the presumption of innocence. They are entitled to be defended by an attorney of their choice. And the Eighth Amendment to the US Constitution prohibits cruel and unusual punishment.

The punishment of Hashmi has been going on for years while he has been waiting for trial. In addition to the punitive isolation he is subjected to today, he was denied the attorney of his choice. He was allowed only counsel investigated and preapproved by the government. He is not allowed to look at any translated documents unless the translator is preapproved by the government. He is not allowed any contact with the media at all. One member of his family can visit through the heavy screen for one hour every other week unless the government takes away those visits to further punish him. The government took away his family visits for 90 days when he was observed shadow boxing in his cell and talked back to the guard who asked what he was doing.

If the Constitution prohibits cruel and unusual punishment, what is the impact of forced isolation? Medical testimony presented in his case in federal court concluded that after 60 days in solitary, people's mental state begins to break down. That means a person will start to experience panic, anxiety, confusion, headaches, heart palpitations, sleep problems, withdrawal, anger, depression, despair and oversensitivity. Over time, this can lead to severe psychiatric trauma and harm such as psychosis, distortion of reality, hallucinations, mass anxiety and acute confusion. Essentially, the mind disintegrates.

That is why, under international standards for human rights, extended isolation is considered a form of torture and is banned. The conditions and practices of isolation are in violation of the Universal Declaration of Human Rights, the UN Convention against Torture and the UN Convention on the Elimination of All Forms of Racial Discrimination.

In 1995, the UN Human Rights Committee stated that isolation conditions in certain US maximum security prisons were incompatible with international standards. In 1996, the UN special rapporteur on torture reported on cruel, inhuman and degrading treatment in US supermax prisons. In 2000, the UN Committee on Torture roundly condemned the United States for its treatment of prisoners, citing supermax prisons. In May 2006, the same committee concluded that the United States should "review the regimen imposed on detainees in supermax prisons, in particular, the practice of prolonged isolation."


more: http://www.truthout.org/not-just-guantanamo-us-torturing-muslim-pretrial-detainee-new-york-city58304
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derby378 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 01:23 PM
Response to Original message
1. Yep, we "banned" torture, by golly...
:grr:
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leftstreet Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 01:23 PM
Response to Original message
2. K&R
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NJmaverick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 01:34 PM
Response to Original message
3. Just a few points of fact, there is no "international standards for human rights"
at least not in the sense of being something that nations have signed on to or done under the auspices of the UN.

Secondly the use of solitary confinement is not considered torture by most people. So the title of this thread is disingenuous.
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Flaneur Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 01:47 PM
Response to Reply #3
4. Uh, you might want to check this out:
http://www.un.org/en/documents/udhr/

The Universal Declaration of Human Rights.

Articles 5,9, 10, and 11 would appear to be implicated.

I think most people would consider THREE YEARS of solitary confinement pre-trial as torture.

But go on, keep apologizing for the horrid shit we pull. We expect no less from you.
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NJmaverick Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 02:07 PM
Response to Reply #4
5. I saw that and it was it clear that document didn't ban solitary confinement
as your OP suggested
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tekisui Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 07:39 PM
Response to Reply #4
7. It is torture, regardless of what circle jerkers claim.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-05-10 02:42 PM
Response to Original message
6. K&R
Edited on Mon Apr-05-10 02:48 PM by Solly Mack

The UN Universal Declaration of Human Rights
http://www.un.org/en/documents/udhr/
Which was accomplished and adopted under the guidance of the UN.

The United States recognizes the UDHR (1948) as it formed the components for future human rights treaties where the US is signatory and it also forms the basis for the annual report on human rights put out by the State Department.

http://journals.democraticunderground.com/Solly%20Mack/600

"The reports cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights."



International Bill of Human Rights - of which the UDHR is a core principle of - 2 treaties/1 resolution (UDHR)

http://www.ohchr.org/Documents/Publications/FactSheet2Rev.1en.pdf

"The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the
International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and
Political Rights and its two Optional Protocols."


http://www2.ohchr.org/english/law/

http://www.ohchr.org/en/professionalinterest/Pages/InternationalLaw.aspx

"The international human rights movement was strengthened when the United Nations General Assembly adopted of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. Drafted as ‘a common standard of achievement for all peoples and nations', the Declaration for the first time in human history spell out basic civil, political, economic, social and cultural rights that all human beings should enjoy. It has over time been widely accepted as the fundamental (customary) norms of human rights that everyone should respect and protect."




http://www.ohchr.org/EN/Issues/Pages/WhatareHumanRights.aspx

"Some fundamental human rights norms enjoy universal protection by customary international law across all boundaries and civilizations."



http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x5652891

More info on UDHR and customary law, as well as dealing with law enforcement obligations under international law & how CAT, etc. does apply.

Solitary Confinement and Mental Illness in U.S. Prisons: A Challenge for Medical Ethics
http://www.hrw.org/en/news/2010/03/22/solitary-confinement-and-mental-illness-us-prisons
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