Justice?

(AP) WASHINGTON - Abdul Rahim insists he's an apolitical student who fled a strict father. But he's fallen into a black hole in the war on terror in which first the Taliban and then the United States imprisoned him as an enemy of the state.

Arrested by the Taliban in Afghanistan in January 2000, Rahim says al-Qaida leaders burned him with cigarettes, smashed his right hand, deprived him of sleep, nearly drowned him and hanged him from the ceiling until he "confessed" to spying for the United States.

U.S. forces took the young Kurd from Syria into custody in January 2002 after the Taliban fled his prison. Accusing him of being an al-Qaida terrorist, U.S. interrogators deprived him of sleep, threatened him with police dogs and kept him in stress positions for hours, he says. He's been held ever since as an enemy combatant.

Rahim's story is one of several emerging from the U.S. prison at Guantanamo Bay as defense lawyers make bids to free their clients while the Bush administration tries to use a new law to lock them out of federal courts.

After the Supreme Court overturned President Bush's plans for commissions to try detainees, Bush obtained a new law from Congress barring federal courts from hearing appeals for release by any alien "properly detained as an enemy combatant." The Justice Department told district and appellate judges this week they no longer have jurisdiction to hear dozens of such pending cases.

A court fight over that is certain.

Calling the move to strip jurisdiction "a direct attack on our constitutional structure," Federal Public Defender Steven T. Wax in Portland, Ore., said, "We will litigate that as hard as we can in whatever forum we can find, because they are wrong."

Other detainees whose lawyers filed new evidence in U.S. District Court motions this month include:

Adel Hassan Hamad, a Sudanese charity worker arrested at 1:30 a.m. July 18, 2002, in his Peshawar, Pakistan, apartment. Co-workers swear he was a hospital administrator with no connection to terrorists. A dissenting U.S. Army major on the panel that reviewed the unclassified and secret evidence against him called it "unconscionable" to detain him because some employees of the same charity may have supported terrorist ideals.
Nazar "Chaman" Gul, a 29-year-old Afghani who thought he was working as an armed fuel depot guard for the Karzi government installed by U.S. forces. The man who hired him swears that was the case, but he is accused of being a member of a terrorist group. The lawyers say he has been mistaken for a commander of that terror group, named Chaman Gul, also held at Guantanamo.

All three are represented by Wax and his assistants. Wax's staff traveled to Afghanistan, Pakistan and the United Arab Emirates to gather dozens of sworn statements from co-workers, relatives, fellow inmates and people who knew these detainees but haven't spoken to them in years. These newly filed accounts substantiate details of the detainees' denials that they were terrorists.

"These clients are not enemy combatants," Wax said in an interview. The new law "does not apply to people who are not enemy combatants," he said.

Wax said it would be unconstitutional to apply the jurisdiction-stripping bill retroactively to existing cases. And he said the Supreme Court has ruled before that it has the final say over its jurisdiction in these so-called habeas corpus petitions for release from custody. Following President Lincoln's suspension of habeas corpus for prisoners of war, the high court in 1866 set a man free after finding he was not a prisoner of war, Wax noted.

The government feels differently about Wax's clients.

"Multiple reviews have been conducted since each detained enemy fighter was captured, including for these three individuals," said a Pentagon spokesman, Navy Cmdr. Jeffrey D. Gordon. "There is a significant amount of evidence, both unclassified and classified, which supports continued detention of these detainees and others at Guantanamo."

Now 28, Rahim, buttressed by testimony from friends and relatives, says he wound up in Afghanistan in a bid to escape his father, a strict teacher of Islamic education who objected to his borrowing money outside the family for a college trip. With his father holding his passport, he tried futilely to get from his home in the United Arab Emirates to Europe or Canada.

Finally a friendly diplomat got him deported to Afghanistan where he and others say he hoped to be declared a refugee and moved to Europe by international aid agencies. He says the Taliban conscripted him and sent him against his will to the Al Farouq terrorist training camp. When he tried to leave 18 days later, they imprisoned him, he says.

In spring 2000, Abu Dhabi television broadcast a video of a tearful, fidgeting Rahim saying a U.S. agent recruited him to find Osama bin Laden. "I deserve to die ... but if the Taliban let me live, I want to spend the next 22 years fighting for jihad," he said.

On Jan. 17, 2002, then-Attorney General John Ashcroft said U.S. forces found five videotapes in the ruined Afghan home of bin Laden aide Mohammed Atef — one of the men Rahim says directed his torture. Ashcroft said the tapes show young men delivering "martyrdom messages from suicide terrorists" and identified one as "Abd Rahim."

Rahim's attorney Stephen Sady said any Taliban tapes of Rahim "were the product of torture" and no different from false confessions Sen. John McCain (news, bio, voting record), R-Ariz., made to stay alive in a North Vietnamese prison.

"After two years the Americans came and saved me from the prison," Rahim told U.S. officers. "I told them about the videotape the Taliban made of me ... it created confusion to the point that the Americans believed I was working with al-Qaida."

He added: "Nothing changed in my life. I was taken from prison to prison."

Separate, But Equal

A quick rant on gay marriage....

The New Jersey Supreme Court Decision, which declared that equal rights must be granted to homosexual civil unions, but that their unions don't have to be called "marriages" disturbs me. The fact is most Americans feel uncomfortable with the idea of gay marriage. I inherently feel somewhat uncomfortable with it. But I know that feeling is wrong and distorted.

It wasn't that long ago that Caucasian-Americans were disturbed by the idea of an integrated society with African-Americans. Interracial marriage was a felony in many states. African-Americans weren't allowed in the military because it would disrupt the unit, or in the same schools, or the same bathrooms. We lived in a separate, but equal society. We look back at those days with horror and confusion. Twenty or thirty years from now, we're going to look back at these days with the same disbelief.

Why does our society prefer that children be orphans than be raised by two loving, homosexual parents? It's time to give homosexuals the same rights. It will be an adjustment to think of marriage as a union of two persons, not just a man and woman. But, just as the military changed to adopt African-Americans into their community, so too will the rest of us with homosexuals.

At Deer Park Monastery, at a "couples retreat", a homosexual couple thanked the Sangha for being so welcoming. The lesbian couple was able to practice with everyone, as equals. They were so touched by everyone's acceptance. I began to realize the effect that discrimination has on this group of people. Many homosexuals suffer due to our lack of acceptance. Let's alleviate their suffering.

Perspective

If I am unable to be empathic to your problems, then I am sorry. It is not because I don't care. It's because I don't understand. The child in this photo doesn't have food to eat. Your problems don't seem real to me. I have a hard time understanding how the people I come in contact with can classify their trials and tribulations as "problems."

I am not discounting that we as humans can have emotion. However, we must maintain some perspective -- that is the practice of mindfulness. The next time you think you have a problem, think of this child's hunger. A child's hunger is an injustice we all live with. We eat well and then complain about the taste or temperature of the food. Everytime we fail to see all of the things around us that should make us happy, we insult this child. We have shelter, food, clothing, family, and friends. Even if you only have one or two of these things, you're better off than the child in this picture.

Count your blessings, be happy, and do your best to correct the failures of humanity. Next time, instead of buying Starbucks, spend your money here: http://www.children.org (Children International)

Right to Life

Abortion is a big topic these days -- with the nomination of Alito for the Bench. The right-wing prepares for celebration, the moderate conservatives wonder what the party will use as its rallying cry once Roe v. Wade is overturned, and the leftists brace for a fight.

What is most striking to me however, is the hypocrisy of the parties involved - particulary the "right to life" group. No one in clear mind supports abortion or advocates it, and I admire the heart of people who believe that we should protect life. I myself, while in favor of limiting abortion only through dialogue and education, share this view. But it strikes me as odd that many people in support of overturning Roe v. Wade, also are in support of capital punishment. Shouldn't we also condemn the killing of an adult human being by a modern, civilized nation? What about the care for the child once he is born? Doesn't every child have the right to reasonable health care, nutritious food, and an equal education? Should we not support public programing and arts that enrich the lives of children? Why would we rather have children move from foster home to foster home, rather than be adopted by a loving homosexual couple that would love and provide for the child?

I agree that we should all support a child's "right to life." However, we should also be prepared to take care of our children when they are born. Universal health care for all under 18 years of age, an education that provides funding based on the number of students and not the zip code, and a food stamp and school lunch program that allows children to recieve foods that nourish them should be part of the "right to life" plan.

People love to say "children are the future." Let's come together has human beings and care for them from conception onwards with compassion, and not for trivial political gain.

Live 8

The Live 8 concerts were phenomenal in many respects. The number of people it reached through television, satellite radio, web casts, mobile phone casts, etc was incredible. Nowhere are the advances of technology more apparent than when comparing Live 8 with Live Aid of the 80’s. Live Aid never reached the mass audiences the way Live 8 did. AOL had a record number of simultaneous web casts (75 million). Organizers estimate 2 BILLION tuned in watch or listen to the event. Live 8 was NOT a fundraiser. The artists performed for free, tickets were free, and the broadcasting was free. The goal was to create worldwide awareness and pressure the G8 summit to produce results that tackle world poverty.

The concerts themselves were much better than expected. Sting’s “Message in a Bottle”, U2 singing with Paul McCartney, the reunion of Pink Floyd, and the Marley kids singing “Get Up, Stand Up” with the Black Eyed Peas were some of the highlights. Other particularly great performances included Sarah McLachlan, Muse, Bon Jovi, Alicia Keys, Green Day, Jet, and Stevie Wonder. Even Will Smith’s “Summertime” was fantastic. Perhaps most impressive was one of my least favorite artists – Maria Carey. After singing her first song, she began speaking and introduced her guests for her next song, the African Children’s Choir. She was experiencing severe shortness of breath after her last performance and could barely speak. However, only moments later, she went into a beautiful rendition with the choir of “Hero.” Her range is stunning...

The problem with the event however is two-fold – the simplistic recommendations to the G8, and the irony of millionaires talking about poverty. While standing up for a cause is a noble gesture, perhaps having the “Material Girl” telling people to solve poverty was ironic if not plain hypocritical.

The recommendations of the Live 8 group to the G8 are to solve poverty through trade justice, increased aid, and the 100% extinguishment of debt to poor (African) countries. There are a few problems with this. First, a 100% extinguishment of debt could significantly impact world banks and economies. Secondly, increasing aid will NOT solve the problem. Africa has received enough aid from the world for three or four Marshal Plans. Most of the aid money to Africa never makes it to those in need. The money is squandered through ill advised spending and stolen by corrupt leaders. The problem in Africa is inadequate leadership. Extinguishing debt and increasing aid will legitimize the current governments and slow the revolutionary changes needed.

Still, the Live 8 concerts did what may be most important – they created a forum for discussion and brought worldwide awareness to the cause. Starvation, AIDS, and other diseases (such as Malaria) are enormous problems in Africa. It is the duty of the modern world to help the people in need. The G8 leaders should make it their number one priority.

Finally, perhaps the greatest thrill was getting to hear Nelson Mandela:

"Overcoming poverty is not a gesture of charity; it is an act of justice. It is a protection of a fundamental human right. History and the generations to come will judge our leaders by the decisions they make in the coming weeks. I say to all those leaders, do not look the other way. Do not hesitate. We ask our leaders to demonstrate commitment, not engage in hollow promises. It is within your power to avoid a genocide of humanity. Sometimes it falls upon on a generation to be great. You be that great generation."