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Happy hol's everyone. I'm away till early January trying to escape Xmas (not an easy task...).
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This needs no further comment!
AP by Joby Warrick
The Senate Armed Services Committee report accuses Rumsfeld and his deputies of being the principal architects of the plan to use harsh interrogation techniques on captured fighters and terrorism suspects, rejecting the Bush administration's contention that the policies originated lower down the command chain.
"The abuse of detainees in U.S. custody cannot simply be attributed to the actions of 'a few bad apples' acting on their own," the panel concludes. "The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees."
The report, released by Sens. Carl Levin, D-Mich., and John McCain, R-Ariz., and based on a nearly two-year investigation, said that both the policies and resulting controversies tarnished the reputation of the United States and undermined national security. "Those efforts damaged our ability to collect accurate intelligence that could save lives, strengthened the hand of our enemies, and compromised our moral authority," it said.
"Our values and the laws governing warfare teach us to respect human dignity, maintain our integrity, and do what is right," wrote Petraeus, who at the time was the top U.S. commander in Iraq. "Adherence to our values distinguishes us from our enemy."
I am reproducing here a commentary that I wrote for the Bioethics Forum of the Hastings Center.
The Canadian legal system is currently bracing for another case in which a man is prosecuted for allegedly infecting multiple unsuspecting women with the HIV virus who had unprotected sexual intercourse with him. Two of these women have died of AIDS. Various other cases have successfully been prosecuted, usually involving men who knew they were HIV infected and who chose to have unprotected sexual intercourse with a number of women. (See Matthew Weait, Intimacy and Responsibility: The Criminalisation of HIV Transmission, Routledge, 2007.) Some of these women became infected, others did not. Either way, the HIV-infected men knowingly subjected these women to the risk of infection with a life-threatening illness.
Many liberal democracies have made HIV transmission a criminal offense, including the United States, Canada, Sweden, Germany, Norway, Denmark, the Netherlands, and the United Kingdom. In most countries, HIV-infected people have been successfully prosecuted for transmitting HIV to their sexual partners. The main reason for this is – obviously – that an HIV infection is harmful to the carrier of the virus. At this point in time it means the infection with a delayed-onset serious chronic illness that results into an, all other things being equal, excess number of deaths among those infected.
Some AIDS activists and their academic allies insist that criminalizing HIV transmission and punishing the perpetrators is not a sensible way for us as society to say that such conduct is unacceptable. In a recent commentary in the Journal of the American Medical Association, Scott Burris and Edwin Cameron, both legal scholars, assert that “the use of criminal law to address HIV infection is inappropriate except in rare cases in which a person acts with conscious intent to transmit HIV and does so.” But the arguments brought against the criminalization of HIV transmission simply do not withstand critical scrutiny.
Silliest, perhaps, is the argument that criminalizing HIV transmission will not necessarily prevent people from transmitting the virus. On that logic we might as well do away with traffic regulations that punish people for speeding. Nobody is naive enough to assume that such rules prevent all people from speeding, but they might act as a deterrent in some or even many cases. It also sends a strong signal that we as a society think such harmful conduct is unacceptable. Another often-criticized argument is that the law is not an effective public health tool. Nobody in favor of criminalizing HIV transmission claims that it is, however. Criminalization might help in preventing some new infections, but we might also wish to deploy the law to punish behavior that led to significant harm to others.
Some have argued that there is no evidence of a deterrence effect from criminalization. It is difficult seeing how this evidence could be established to the point of it becoming uncontroversial, however. It has also been suggested that putting the onus of protecting their partners on an infected person, or even requiring them to advise their sexual partners of their HIV status, would have a detrimental effect on people’s willingness to get tested. The proposition here then is that that the criminalization of HIV transmission could actually yield harmful public health consequences. This argument might have had some currency when successful AIDS treatments did not exist. In those bygone times, people at high risk of HIV infection had little incentive to find out about their infection, given that there was very little that they could do about it if they tested positive. Today, however, life-preserving treatments exist. It strikes me as highly implausible that someone at risk of HIV infection would choose to forgo potential timely life-preserving care in order to be able to continue to have unsafe sex without worries about sanctions.
Another argument alleges that prosecutions of gay men who subjected their sexual long-term partners recklessly and knowingly to the risk of HIV infection demonstrates evidence of a homophobic legal system. This charge seems particularly baseless. A homophobic legal system would permit gay men to continue to engage in high-risk behavior. A society that cares about the well-being of its gay members will try to prevent new infections of gay men from occurring, even if it means prosecuting some of its gay citizens.
Then there is the racism charge. Having lived for a number of years in South Africa, I have come to appreciate that the prevalence of the virus is substantially different in different populations in different parts of the world. I am not surprised to see more African-born heterosexual men prosecuted than North American Caucasian men. The average South African heterosexual African male is substantially more likely to be infected with HIV than is the average Canadian-born, heterosexual Caucasian male. The prevalence of HIV in the former population is substantially higher. No big surprise then that among the few people prosecuted overall there should be an African face. None of that, in its own right, constitutes evidence of racism.
Another argument states that we should not criminalize HIV. Yes, the claim, published recently by legal minds in a leading American medical journal, is that we are criminalizing HIV if we punish people for transmitting it. This is a truly strange argument. If we punish people for transmitting HIV to their partners, who had no reason to assume that they were consenting to that risk when they had unsafe sex, what we criminalize is what people do with the virus, not the virus itself or even the people who happen to be infected.
There are reportedly about 60,000 HIV-positive people in Canada and about 1,000,000 HIV infected people in the USA. So far, very few have been prosecuted for allegedly transmitting HIV. The same is true for most other countries. I do not believe that we are sliding down a slippery slope, at the bottom of which we will launch legal proceedings against most infected people. One reason is that most infected people behave very ethically. The HIV-infected people I know personally prefer to forgo sex than to engage in unsafe sexual activities, even if their sexual partners insist. The thought of harming their sexual partners horrifies them. And so it should.
There is a much smaller number of infected people out there, however, who clearly could not care less about the well-being of people they profess and pretend to love and care about. It seems to me that virtually all of the cases that have been prosecuted so far, both in Canada and elsewhere, are about those sorts of cases, and not about people who acquired the virus during one-time sexual encounters with partners they knew little to nothing about. Most infections occur under the latter circumstances, and they are fairly straightforward cases of harm to self. The ethical and legal maxim volenti non fit iniuria should be applied here: if you consent, you cannot complain. There is little doubt in my mind this explains more than anything else why we have seen few prosecutions. The successful prosecutions so far in the United States, Canada, and Britain have focused on egregious cases of tremendously harmful wrong-doing.
It is the role of the state to use the criminal law to punish such wrong-doing.
Udo Schuklenk, professor of Philosophy at Queen’s University, holds the Ontario Research Chair in Bioethics and is Joint Editor-in-Chief of Bioethics, the publication of the International Association of Bioethics.
Sexual cleansing in Iraq
Islamist death squads are hunting down gay Iraqis and summarily executing them
WATCH the video link below – and weep
http://uk.youtube.com/watch?v=
By Peter Tatchell
The Guardian – Comment Is Free – 25 September 2008
http://www.guardian.co.uk/
STOP PRESS: This morning, after this article was published, news came from Iraq that the coordinator of Iraqi LGBT in Baghdad, Bashar, aged 27, has been assassinated in a barber shop. Militias burst in and sprayed his body with bullets.
The so-called improved security situation in Iraq is not benefiting all Iraqis, especially not gay ones. Islamist death squads are engaged in a homophobic killing spree, with the active encouragement of leading Muslim clerics, such as Moqtada al-Sadr, as Newsweek recently revealed.
http://www.newsweek.com/id/
One of these clerics, Grand Ayatollah Ali al-Sistani, the spiritual leader of Shia Islam, issued a fatwa urging the killing of lesbians and gays in the "worst, most severe way possible."
http://gaycitynews.com/site/
The short film, Queer Fear - Gay Life, Gay Death in Iraq, produced by David Grey for Village Film, documents the tragic fates of a several individual gay Iraqis. You can view it here:
http://uk.youtube.com/watch?v=
Watch and weep. A truly poignant and moving revelation about the terrorisation and murder of Iraqi lesbian, gay, bisexual and transgender people.
Since this film was made, the killings have continued and, many say, got worse.
http://edition.cnn.com/2008/
For gay Iraqis there is little evidence of the transition to democracy. They don't experience any new-found respect human rights. Life for them is even worse than under the tyrant Saddam Hussein.
It is a death sentence in today's "liberated" Iraq to love a person of the same-sex, or for a woman to have sex outside of marriage, or for a Muslim to give up his / her faith or embrace another religion.
The reality on the ground is that theocracy is taking hold of the country, including in Basra, which was abandoned by the British military. In place of foreign occupation, the city's inhabitants now endure the terror of fundamentalist militias and death squads. Those who are deemed insufficiently devout and pure are liable to be assassinated.
The death squads of the Badr Brigades and the Madhi Army are targeting gays and lesbians, according to UN reports, in a systematic campaign of sexual cleansing. They proudly boast of their success, claiming that they have already exterminated all "perverts and sodomites" in many of the major cities.
http://articles.latimes.com/
http://gaycitynews.com/site/
http://gaycitynews.com/site/
http://gaycitynews.com/site/
You can view photos of a few of the LGBT victims of these summary executions here:
http://www.flickr.com/photos/
http://www.flickr.com/photos/
My friends in Iraq have relayed to me the tragic story of five gay activists, who belonged to the underground movement gay rights movement, Iraqi LGBT (lesbian, gay, bisexual and transgender).
Eye-witnesses confirm that they saw the men being led out of a house at gun-point by officers in police uniform. Yes, Iraqi police! Nothing has been heard of the five victims since then. In all probability, they have been executed by the police - or by Islamist death squads who have infiltrated the Iraqi police and who are using their uniforms to carry out so-called honour killings of gay people, unchaste women and many others.
The arrested and disappeared men were Amjad 27, Rafid 29, Hassan 24, Ayman 19 and Ali 21. As members of Iraq's covert gay rights movement, for the previous few months they had been documenting the killing of lesbians and gays, relaying details of the murders to the outside world, and providing safe houses and support to other gay people fleeing the death squads.
Their abduction is just one of many outrages by anti-gay death squads. lslamist killers burst into the home of two lesbians in city of Najaf. They shot them dead, slashed their throats, and also murdered a young child who the women had rescued from the sex trade. The two women, both in their mid-30s, were members of Iraqi LGBT. They were providing a safe house for gay men on the run from death squads. By sheer luck, none of the men who were being given shelter in the house were at home when the assassins struck. They have since fled to Baghdad and are hiding in an Iraqi LGBT safe house there.
Large parts of Iraq are now under the de facto control of the militias and their death squad units. They enforce a harsh interpretation of Sharia law, summarily executing people for what they denounce as "crimes against Islam." These "crimes" include listening to western pop music, wearing shorts or jeans, drinking alcohol, selling videos, working in a barber's shop, homosexuality, dancing, having a Sunni name, adultery and, in the case of women, not being veiled or walking in the street unaccompanied by a male relative.
Two militias are doing most of the killing. They are the armed wings of major parties in the Bush and Brown-backed Iraqi government. Madhi is the militia of Muqtada al-Sadr, and Badr is the militia of the Supreme Council for Islamic Revolution in Iraq (SCIRI), which is the leading political force in Baghdad's governing coalition. Both militias want to establish an Iranian-style religious dictatorship. The allied occupation of Iraq is bad enough. But if the Madhi or Badr militias gain in influence and strength, as seems likely in the long-term, it could result in a reign of religious terror many times worse.
Saddam Hussein was a bloody tyrant. I campaigned against his blood-stained misrule for nearly 30 years. But while Saddam was President, there was certainly no danger of gay people being assassinated in their homes and in the street by religious fanatics.
http://gaycitynews.com/site/
Since his overthrow, the violent persecution of lesbians and gays is much worse.
http://iraqilgbtuk.blogspot.
Even children suspected of being gay are abducted and later found shot in the head.
http://gaycitynews.com/site/
Lesbian and gay Iraqis cannot seek the protection of the police, since the police are heavily infiltrated by fundamentalists, especially the Badr militia. The death squads can kill with impunity. Pro-fundamentalist ministers in the Iraqi government are turning a blind eye to the killings, and helping to protect the killers. Some "liberation".
* Iraqi LGBT is appealing for funds to help the work of their members in Iraq. Since they don't yet have a bank account, they request that cheques should be made payable to "OutRage!", with a cover note marked "For Iraqi LGBT", and sent to OutRage!, PO Box 17816, London SW14 8WT.
More information on Iraqi LGBT or to make a donation by PayPal: http://iraqilgbtuk.
The Supreme Court of the United States of America has overridden 50 years of legal precedent and reversed constitutional protections [i] fo...