My friend Jennifer VanBergen, J.D., a noted political analyst, and her colleague Douglas Valentine wrote this article for Case Western Reserve Journal of International Law in 2006.
In December 2010 VanBergen posted an excerpt at her website www.jvbline.org. Parts of it are certainly worth sharing here and now. -Via
Where you find administrative detentions, you are likely to find torture. This connection exists even where it is clear that investigations and screenings leading to such detentions are, as Alberto Gonzales put it, “not haphazard, but elaborate, and careful . . . reasoned and deliberate.”
This reason is simple and can be traced to the elements of administrative detention itself: the absence of human rights safeguards and normal legal guarantees such as due process, habeas corpus, fair trial, confidential legal counsel, and judicial review; vague and confusing definitions, standards, and procedures; inadequate adversarial procedural oversight; excessive Executive Branch power stemming from prolonged emergencies; and the involvement of the Central Intelligence Agency, or other secret, thus unaccountable, Executive Branch agencies.
Without such protections, justice does not work and human rights are jeopardized. As William F. Schultz, Executive Director of Amnesty International, put it:
“[W]e are witnessing not just a series of brutal but fundamentally independent human rights violations committed by disparate governments around the globe. [W]e are witnessing something far more fundamental and far more dangerous. [W]e are witnessing the orchestrated destruction by the United States of the very basis, the fragile scaffolding, upon which international human rights have been built, painstakingly, bit by bit by bit, since the end of World War II.”
This is a remarkable statement that was originally made about the Bush Administration, but it applies equally as well now to the Obama Administration. The system was intentionally broken by the Bush Administration, just as it was by the Johnson and Nixon Administrations during the Vietnam War. And now Obama plans to sanctify this wrong and make it a permanent feature of American law.