NowThen

Arbitrarily Disseminating

From the UN website:

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”

So, for no particular reason (other than that, as I read this tonight it struck me how many UN members seem to have forgotten signing it), Wordout is pleased to disseminate and display the following Universal Declaration of Human Rights.

PREAMBLE

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.

* All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 2.

* Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3.

* Everyone has the right to life, liberty and security of person.

Article 4.

* No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5.

* No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6.

* Everyone has the right to recognition everywhere as a person before the law.

Article 7.

* All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8.

* Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Article 9.

* No one shall be subjected to arbitrary arrest, detention or exile.

Article 10.

* Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Article 11.

* (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
* (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

Article 12.

* No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13.

* (1) Everyone has the right to freedom of movement and residence within the borders of each state.
* (2) Everyone has the right to leave any country, including his own, and to return to his country.

Article 14.

* (1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
* (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Article 15.

* (1) Everyone has the right to a nationality.
* (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16.

* (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
* (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
* (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

Article 17.

* (1) Everyone has the right to own property alone as well as in association with others.
* (2) No one shall be arbitrarily deprived of his property.

Article 18.

* Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19.

* Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20.

* (1) Everyone has the right to freedom of peaceful assembly and association.
* (2) No one may be compelled to belong to an association.

Article 21.

* (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
* (2) Everyone has the right of equal access to public service in his country.
* (3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.

* Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Article 23.

* (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
* (2) Everyone, without any discrimination, has the right to equal pay for equal work.
* (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
* (4) Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24.

* Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

Article 25.

* (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
* (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.

* (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
* (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
* (3) Parents have a prior right to choose the kind of education that shall be given to their children.

Article 27.

* (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
* (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 28.

* Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29.

* (1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
* (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
* (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

Article 30.

* Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Found at the ChinaDigitalTimes website:

Translated below, with highlights by me:

This is a bit long, but I hope you’ll read through it anyway. Things like this have been going on too long, and if we don’t soon get a grip on who we are, we may not like who we become.

The Same

Apparently, we’re still basically saying that we don’t give a damn about the fact that we torture folks, even when we know that they have never done anything against us.

We are such a great nation.

There were 3 guys in Guantanamo. They all died on the same night in June 2006. The US government says they all committed suicide.

Supposedly, even though in isolation, with zero contact, they all decided to tie their hands behind their backs, then stuff wads of cloth very far down their throats, then put a mask on so they wouldn’t accidentally spit out the wads while they were choking, then climbed up on a wash basin in their cells, then put their heads through a noose made of more sheets than were issued to prisoners, then jumped off the sink, hanging themselves, simultaneously.

There are other accounts, however. From “The Guantánamo “Suicides”: A Camp Delta sergeant blows the whistle” published in Harpers Magazine (bold emphasis mine):

When I asked Talal Al-Zahrani what he thought had happened to his son, he was direct. “They snatched my seventeen-year-old son for a bounty payment,” he said. “They took him to Guantánamo and held him prisoner for five years. They tortured him. Then they killed him and returned him to me in a box, cut up.”

Al-Zahrani was a brigadier general in the Saudi police. He dismissed the Pentagon’s claims, as well as the investigation that supported them. Yasser, he said, was a young man who loved to play soccer and didn’t care for politics. The Pentagon claimed that Yasser’s frontline battle experience came from his having been a cook in a Taliban camp. Al-Zahrani said that this was preposterous: “A cook? Yasser couldn’t even make a sandwich!”

“Yasser wasn’t guilty of anything,” Al-Zahrani said. “He knew that. He firmly believed he would be heading home soon. Why would he commit suicide?” The evidence supports this argument. Hyperbolic U.S. government statements at the time of Yasser Al-Zahrani’s death masked the fact that his case had been reviewed and that he was, in fact, on a list of prisoners to be sent home. I had shown Al-Zahrani the letter that the government says was Yasser’s suicide note and asked him whether he recognized his son’s handwriting. He had never seen the note before, he answered, and no U.S. official had ever asked him about it. After studying the note carefully, he said, “This is a forgery.”

Also returned to Saudi Arabia was the body of Mani Al-Utaybi. Orphaned in his youth, Mani grew up in his uncle’s home in the small town of Dawadmi. I spoke to one of the many cousins who shared that home, Faris Al-Utaybi. Mani, said Faris, had gone to Baluchistan—a rural, tribal area that straddles Iran, Pakistan, and Afghanistan—to do humanitarian work, and someone there had sold him to the Americans for $5,000. He said that Mani was a peaceful man who would harm no one. Indeed, U.S. authorities had decided to release Al-Utaybi and return him to Saudi Arabia. When he died, he was just a few weeks shy of his transfer.

Salah Al-Salami was seized in March 2002, when Pakistani authorities raided a residence in Karachi believed to have been used as a safe house by Abu Zubaydah and took into custody all who were living there at the time. A Yemeni, Al-Salami had quit his job and moved to Pakistan with only $400 in his pocket. The U.S. suspicions against him rested almost entirely on the fact that he had taken lodgings, with other students, in a boarding house that terrorists might at one point have used. There was no direct evidence linking him either to Al Qaeda or to the Taliban. On August 22, 2008, the Washington Post quoted from a previously secret review of his case: “There is no credible information to suggest [Al-Salami] received terrorist related training or is a member of the Al Qaeda network.” All that stood in the way of Al-Salami’s release from Guantánamo were difficult diplomatic relations between the United States and Yemen.

Law and Legacy

Two of the families opened legal proceedings against the United States. This week, Judge Ellen Huvelle dismissed the lawsuit because of the Military Commissions Act of 2006. In short, her answer to the families was “So sorry! My hands are tied. Besides it’s obvious they were guilty because the military said so. Nothing we can do here!”

Apparently, the Bush administration’s legacy is still with us. And with this decision, it becomes a part of the Obama legacy. If things like are allowed to stand, it becomes the legacy of all of us.

Read this, from Harpers again. You’ll see that the esteemed judge made at least one blatantly false statement:

[…]

In the lawsuit, the families of Yasser Al-Zahrani and Salah Ali Abdullah Ahmed Al-Salami sought damages under the Alien Tort Claims Act, arguing that the two prisoners had been wrongfully imprisoned, tortured, and subjected to cruel, unusual, and inhuman punishment. In dismissing the suit, Judge Huvelle did not parse the claims brought by the Center for Constitutional Rights on behalf of the families of the deceased prisoners. Rather, she concluded that Congress had stripped the court of jurisdiction to hear and resolve such cases when it enacted the Military Commissions Act of 2006.

Pete Yost of the Associated Press reports:

The judge said the two detainees were properly determined by the U.S. military to be enemy combatants. Citing an appeals court decision, Huvelle said judicial involvement in the “delicate area” of how detainees are treated could undermine military and diplomatic efforts by the U.S. government on the terrorism front.

Al-Zahrani, 22 years old when he died, was captured in Afghanistan in late 2001 and he was 17 years old when he was transferred to Guantanamo in 2002, according to the suit by the men’s families. Al-Salami was arrested by local forces in Pakistan in March 2002.

Judge Huvelle’s conclusion that the detainees were “properly determined” to be “enemy combatants” runs contrary to the evidence. Both men were turned over to U.S. forces for bounty payments, and a thorough investigation of their cases by American military intelligence concluded that there was no meaningful evidence to link either man to either Al Qaeda or the Taliban. Al-Zahrani had been placed on a list to be released back to Saudi Arabia, immediately behind Mani Al-Utaybi, who also died under still unexplained circumstances on June 9, 2006, at approximately the same time as Al-Zahrani and Al-Salami, according to pathologists.

The decision to dismiss the cases follows from a Bush Administration effort to block judicial examination of any case involving the death or mistreatment of prisoners at Guantánamo, which was incorporated in the Military Commissions Act of 2006 as one of the last measures adopted by the G.O.P.-controlled Congress following elections that delivered control to the Democrats. Although President Obama, as an Illinois senator, voted against the act and joined in calls for its repeal, his administration has yet to take steps to overturn it. The measure, as applied by Judge Huvelle, placed the United States in breach of its obligations under the Convention Against Torture. Article 14 of the Convention provides:

Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation.

Extraordinary

Both men were turned over for bounty payments? Extraordinary Rendition, indeed.

The Military Commissions Act of 2006 doesn’t supersede any treaty we’ve entered into with another nation. New laws are supposed to take into account any provisions of all treaties currently enforced. Laws which do not cannot be passed without a repudiation of the treaty.

And even if the intent of the law in question was to keep the civilian justice system from invading the military justice system, which is apparently what it was trying to do, these guys had been determined non-combatants, not the enemy.

For the judge to blatantly lie about that as an excuse to get out of hearing a difficult case says much about our judicial system, and much about us.