Browsing the archives for the Justice tag.

The month’s most tellingly unsurprising revelation about the outgoing Bush administration

Politics, US Politics

This story’s from last Sunday, but I just need to belatedly highlight it because – well, it seems to sum up so much about that particular mix of unscrupulousness and incompetence we’ve come to know so well from the outgoing administration.

You’ve also got to love how the CIA and Pentagon busily pass the blame to each other. But in the end both simply acted on the clear message from above that building actual cases about the detainees’ guilt was all but irrelevant. Guantanamo was just a place to shut people away you didn’t want about – end. Indefinitely, apparently – God knows what they thought would have to happen with them in the long-term. Looks like there was no long-term concept of where any of this would be going, period.

Anyway, better just let the excerpts speak for themselves:

Guantanamo Case Files in Disarray

President Obama’s plans to expeditiously determine the fate of about 245 terrorism suspects held at Guantanamo Bay [..] were set back last week when incoming legal and national security officials — barred until the inauguration from examining classified material on the detainees — discovered that there were no comprehensive case files on many of them.

Instead, they found that [..] a Cabinet-level panel named to review each case separately will have to spend its initial weeks and perhaps months scouring the corners of the federal government in search of relevant material.

Several former Bush administration officials agreed that the files are incomplete and that no single government entity was charged with pulling together all the facts and the range of options for each prisoner. [..] Charles “Cully” D. Stimson, who served as deputy assistant defense secretary for detainee affairs in 2006-2007, said he had persistent problems in attempts to assemble all information on individual cases. Threats to recommend release or transfer of a detainee were often required, he said, to persuade the CIA to “cough up a sentence or two.”

A second former Pentagon official said most individual files are heavily summarized dossiers that do not contain the kind of background and investigative work that would be put together by a federal prosecution team. He described “regular food fights” among different parts of the government over information-sharing on the detainees. [..]

Evidence gathered for military commission trials is in disarray, according to some former officials [..]. In a court filing this month, Darrel Vandeveld, a former military prosecutor at Guantanamo who asked to be relieved of his duties, said evidence was “strewn throughout the prosecution offices in desk drawers, bookcases packed with vaguely-labeled plastic containers, or even simply piled on the tops of desks.”

He said he once accidentally found “crucial physical evidence” that “had been tossed in a locker located at Guantanamo and promptly forgotten.” 

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Spain’s orphaned children of the revolution

Culture, European culture(s), European Politics, History, Politics

A heartbreaking story in The Times this month underlines the sheer, unprecedentedly ideological cruelty of the 20th century – and the lasting traumas it left behind, like so many time bombs:

Find General Francisco Franco’s stolen children of the Spanish Civil War, says court

She was 54 when she first got to know her mother, but Antonia Radas was one of the luckier ones. Taken away when her mother, Carmen, was imprisoned after the Spanish Civil War for her father’s Republican links, Mrs Radas’s adoptive parents lied to her, telling her that she had been abandoned, and changed her name to stop relatives tracing her. Mother and child were finally reunited in 1993, 18 months before Carmen died.

Now 71, Mrs Radas is among an estimated 30,000 children who were separated from their parents on the orders of General Francisco Franco. Many of them never knew who their real parents were.

Their cause was taken up by Judge Baltasar Garzón, the man who went after Pinochet and officers from the Argentinian junta:

Garzón [..] has claimed that Franco and 34 henchmen were guilty of the systematic killing or disappearance of at least 114,000 people during and after the civil war.

Among the victims were children of Republicans who were adopted by Franco sympathisers to prevent them coming under the influence of Marxism. Others, whose families fled abroad, were lured back to Spain under false pretences. “Child refugees were also kidnapped in France by the repatriation service of the regime and put in state institutions,” Judge Garzón wrote. [..]

Julián Casanova, a historian, claims that the aim was to “reCatholicise” the children of “Reds”. He said: “The Church was responsible for the theft of these children, from Red families. It wanted to purify them.”

The stories are all the more tragic because it’s too late now, for all but a few victims. The children who were robbed from (and of) their parents are in their old age. Their parents will almost certainly be dead, so there is no prospect of a cathartic reunion.

Womens prison Les Corts in Barcelona, 1952 (Image shared under CC license by Jaume dUrgell). Google Books allows for a peek in Prison of Women, by Tomasa Cuevas and Mary E. Giles, which has testimonies from this prison.

Women's prison Les Corts, Barcelona, 1952 (shared under CC license by Jaume d'Urgell). Google Books provides a peek in "Prison of Women" by Tomasa Cuevas e.a., which has testimonies from this prison.

Moreover, Garzón last November had to relinquish “what had promised to be the first criminal investigation of wrongs committed by Franco and his allies”. He was forced by state prosecutors to concede jurisdiction to regional courts, “who now have the authority to decide whether or not to take up these controversial cases”. He also had pass the responsibility “for opening 19 mass graves believed to hold the remains of hundreds of victims” to regional courts.

Xenu Ablana, 80, holds little faith in the proceedings. “The courts are still run by Francoists. These people have a lot of influence,” he said. His story is one of the heartbreaking ones:

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