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RIGHTS: Obama Seeks to Block Release of Abuse Photos
By Eli Clifton
WASHINGTON, Aug 10 (IPS) - The United States Supreme Court will hear the U.S. government’s appeal on a
lower court ruling requiring the release of photos showing the abuse of
prisoners held in overseas facilities.
The government is appealing a 2008 decision by the U.S. Court of Appeals for
the Second Circuit which ruled that the government must release the photos
to comply with an American Civil Liberties Union (ACLU) Freedom of
Information Act (FOIA) lawsuit.
The Obama Administration initially agreed to release the photos - and
decided not to appeal the courts decision - but they reversed their position
on May 28 when the government asked the appeals court to recall its order
for the photos release since an appeal was to be filed in the Supreme Court.
The Second Circuit Court of Appeals agreed and recalled its order that the
photos be released.
"These photos are a crucial part of the historical record, and the appeals court
was right to find that they should be released," said Director of the ACLU
National Security Project Jameel Jaffer. "It’s disappointing that the Obama
Administration which has rightly acknowledged the connection between
transparency and accountability is continuing to argue that these
photographs should be suppressed."
Human rights groups were enthusiastic about Obama’s commitment in his
first week in office to create "an unprecedented level of openness in
government" and "establish a system of transparency, public participation,
and collaboration."
But the administration has blocked lawsuits related to its usage of
"extraordinary renditions" and warrantless wiretapping on the basis that
"state secrets" could be put in danger were the lawsuits to move forward.
While previous lawsuits have been successfully blocked, ACLU attorneys are
hopeful that the Supreme Court will agree with the appeals court decision to
release the photos.
"The appeals court soundly rejected all of the government’s arguments for
withholding the photos, and it’s unfortunate that the government has chosen
to contest that decision," said ACLU staff attorney Amrit Singh. "These photos
would provide visual proof that prisoner abuse by U.S. personnel was not
aberrational but widespread, reaching far beyond the walls of Abu Gharib,"
Singh said. "As disturbing as the photos may be, it is critical that the
American people know the full truth about the abuse that occurred in their
name."
In a Jul. 29 letter to Senators Joe Lieberman (I-CT) and Lindsay Graham (R-SC)
Obama outlined that he would work with Congress to pass legislation that
would classify photographic or video evidence of U.S. soldiers committing
acts of prisoner abuse against detainees in Afghanistan and Iraq.
The administration has suggested that the release of such photos could put
in danger the lives of individuals working on military operations in Iraq and
Afghanistan, but the ACLU and other proponents of releasing the photos have
agreed with the courts earlier decision that the identity of all individuals
pictured in the photos should be obscured.
Congress will look at the proposed legislation when they return from their
summer break in September, but Obama may find opposition from within his
own party the most difficult obstacle.
"The U.S. should not restrict access to intelligence solely to prevent
information that might prove politically embarrassing from becoming public,
when it poses no legitimate national security threat. This is especially the
case when the information in question bears on an allegation as deeply
troubling as torture," Representative Bill Delahunt (D-MA) wrote in a letter to
Secretary of State Hillary Clinton and Attorney General Eric Holder. "I suggest
that the U.S. itself should make that information public, or at least remove
our objection to its release. Justice and democratic accountability
overwhelmingly support the release of this information."
Even as the Obama Administration works to classify or prevent the release of
the torture photos, the Chicago Tribune reported yesterday that Attorney
General Eric Holder will appoint a special prosecutor to investigate allegations
that the CIA participated in torturing detainees and - in some cases - the
torture resulted in death.
The investigation will likely focus on whether lower-level CIA officials
overstepped their authority in using interrogation techniques which went
beyond the approved set of procedures set forth in Bush Administration
memos.
(END/2009)
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