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    Middle East
     Jun 20, 2007
Page 2 of 2
Iran: Blowback, detainee-style

By Karen J Greenberg

Levinson and has condemned Iran for being "defiant as to the demands of the free world".

Bush is correct. These detentions represent a travesty of justice and a violation of the rules of conduct among nations. It is horrifying that these Americans, who are engaged in foreign affairs at non-governmental and scholarly levels, are held seemingly without recourse to law and certainly without respect for



international rights.

But there is another disturbing reality here that must be faced. In numerous ways, the US has robbed itself of the right to proclaim the very principles by which these prisoners should be defended. Though Bush and his spokespeople may not see it, their past policies have set a trap for the US government - and for Americans generally.

More than five years after setting up the prison in Guantanamo Bay, Cuba, and then implementing national-security strategies based on torture, secret prisons and illegal detentions, the Bush administration has managed to obliterate the moral high ground it now seeks to claim in relation to Iran.

The new American prisoners in Iran belong, in part, to a broader diplomatic game of chicken now raging between the two governments that began with the US capture in January of five Iranian officials in Irbil, Iraqi Kurdistan, prisoners the US continues to hold somewhere in Iraq without charges. The more telling context, however, is that of Bush administration's detention policy from the moment in 2002 when it set up its prison in Guantanamo, offshore from US justice, to this day.

At the inception of the "war on terror", the Bush administration broke the very rules it now accuses the Iranians of breaking. As part of a high-stakes standoff with countries associated with Islamic fundamentalism, it was the Bush administration that first collected individuals, some guilty of crimes, some simply swept up in the chaos - initially off the Afghan battlefield and then off the global one.

Often, it did so with very little knowledge of, or care about, whom it was rounding up. It incarcerated these prisoners for long periods without releasing their names or, often, their whereabouts; it refused to give them the established rights of prisoners of war; it defied the united protests of allies around the world; and it sought to justify this whole policy with the term "detainee".

In fact, uncomfortable parallels between the notorious Guantanamo and the grim Evin abound. At Gitmo, as at Evin, information about "detainees" has often been difficult to obtain. At Gitmo, as at Evin, the government has been a champion of denying prisoners access to lawyers. At Gitmo, as at Evin, "national security" concerns invariably trump the need to produce evidence or to indict prisoners. At Gitmo, as at Evin, there have been repeated reports of coercive interrogations and the mistreatment, as well as torture, of prisoners.

At Gitmo, as at Evin, authorities deny such accusations despite obvious evidence to the contrary. One year ago, journalists were invited to assess conditions at Evin for themselves. Allowed to see only the women's section of the prison, they were shown the medical facilities and told about the excellent food the prison serves - self-evident proof of the fair treatment of prisoners.

So, too, media tours of Guantanamo stress the quality of the food and the superior medical treatment available in the prison complex. At Gitmo, suicide is an ever-present threat. At Evin, according to a British Broadcasting Corp journalist on the tour, authorities boasted of only one suicide in six months - as if that were a record to be proud of. Iranian authorities refused to discuss "political prisoners" because "Iran does not recognize this as a category". So, too, the most suitable term for those held at Gitmo, "prisoner of war", has been forbidden on the premises.

In all these ways, but especially by wielding their chosen term "detainee", and by defining "detainees" as in essence without rights as Americans would understand them, the Bush administration has stripped the US of its traditional standing as the foremost champion of human rights.

It has relinquished its bona fides to express the kind of moral outrage that could indeed buttress international support and legal due process for Americans who have been illegally imprisoned. Even more surprising, when administration officials, including the president, denounce the Iranians, they are tin-eared. The hypocrisy in their own words just doesn't register. When Bush shows his outrage at the imprisonment of Americans without cause, evidence, or due process, it's as if he has no sense that, in much of the rest of the world, these are exactly the charges that ring out against his own administration.

In essence, a frantic, fear-filled, information-impoverished but stubbornly defended policy has finally blown back on America's own citizens. This was something former secretary of state Colin Powell - who last weekend called for the closing of Guantanamo - predicted in January 2002 might well happen to captive US troops, if not citizens, if the US refused to classify its detainees in the "war on terror" as prisoners of war.

Whether or not Bush hears the hypocrisy in his own pleas, the fact remains that his detainee policy has deprived the government of a way of defending its own citizens on the international stage. It has, in effect, amputated the very legs it would need to stand on to protest against the Iranian detentions.

Try as they might, Bush administration officials can only cry foul by calling attention to their own systematic violations of justice and the law. In their mouths, the appeal to fundamental rights rings hollow indeed, depriving Americans of the protections afforded by once-accepted standards of decency and justice. Here, as on so many other fronts, the president's fierce "national security" policy has created an ever more insecure future for the United States.

Karen J Greenberg is executive director of the Center on Law and Security at the New York University School of Law and the co-editor of The Torture Papers: The Road to Abu Ghraib and the editor of The Torture Debate in America. She recently took a Pentagon-guided tour of Guantanamo.

(Copyright 2007 Karen J Greenberg.)

Tom Engelhardt is editor of Tomdispatch and the author of The End of Victory Culture. His novel, The Last Days of Publishing, has recently come out in paperback. Most recently, he is the author of Mission Unaccomplished: Tomdispatch Interviews with American Iconoclasts and Dissenters (Nation Books), the first collection of Tomdispatch interviews. Used by permission Tomdispatch.

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