Wednesday, May 12, 2021

Torturing Democracy (2008)

 


 

 

 

 

 

 

 

 

 

Torturing Democracy is a documentary film which premiered in 2008. It is about prisoners who have been detained in the US prison at Guantanamo Bay after 2001 and about US policy regarding cruel and unusual punishment aka torture.

 

Here is some basic information about this film:

 

** Writer, producer and director: Sherry Jones

** Narrator: Peter Coyote

** Consultant: Jane Mayer

** Run time: 89 minutes

 

Several persons are interviewed in the film. Here are the names (in alphabetical order):

 

** Richard Armitage – Deputy Secretary of State 2001-2005

** Lt. Colonel Stuart Couch – military prosecutor - Office of Military Commissions 2003-2006

** Dr Michael Gelles – Naval Central Intelligence Service 1991-2006

 

 

** Colonel Steven Kleinman – Senior Intelligence Officer, US Air Force 1985-2008

** Martin Lederman – Associate Professor, Georgetown University, Law Center

** Colonel Brittain Mallow – Central Intelligence Task Force 2002-2005

 

** George Brent Mickum IV – an American Lawyer

** Alberto Mora – General Counsel, US Navy 2001-2006

** Malcolm Nance – Chief of Training, US Navy SERE 1997-2001

 

** Major General Thomas Romig – JAG, US Army 2001-2005

** Richard Schiffrin – Deputy General Counsel, Intelligence, Department of Defense 1998-2003

** Clive Clifford Smith – a British lawyer – Director of the organization Reprieve which campaigns for the abolition of the death penalty in the US

** Colonel Lawrence “Larry” Wilkerson – Chief of Staff to the Secretary of State 2002-2005

 

Several former prisoners were also interviewed. Some are only heard, not seen. The following are seen and heard:

 

** Bisher Al-Rawi – Detainee # 906

** Moazzam Begg – Detainee # 558

** Shafiq Rasul – Detainee # 086

 

Archive footage is used between the talking heads. Archive footage allows us to see and hear President George Bush and some members of his government.

 

US government documents are frequently shown and quoted in order to support the statements made by the narrator and by the persons who are interviewed.

 

This film shows that the US Government allowed cruel and unusual punishment of prisoners who were detained at Guantanamo Bay.

 

While most members of the government do not want to admit that they allowed the use of torture, other observers are not afraid to use this word.

 

The detainees were not regarded as prisoners of war. They were regarded as enemy combatants and therefore not protected by the Geneva Conventions.

 

The prisoners were detained on Cuban soil rented by the US. They were not detained on American soil and therefore not protected by American rules and regulations.

 

In the prison at Guantanamo Bay there were no rules and regulations, except those created in secret by the US government. According to this secret world created by the US government, the prison guards and the interrogators could not violate any American laws. They could do whatever they wanted.

 

Several observers explain that the prison guards who were employed at Guantanamo Bay did not have much experience with running a prison and that the interrogators who were employed at Guantanamo Bay did not have much experience with conducting interrogations.

 

Even though they lacked proper qualifications, they were chosen for the job and they were allowed to do whatever they wanted. They were told they did not and could not violate any American laws and did not have to fear any reprisals:

 

Go ahead!

 

Do what is necessary!

 

Several observers say they were horrified when they realized what was happening at Guantanamo Bay, but their response was often slow and cautious.

 

Almost none of them reacted at once. Almost none of them used the high position they had in the system to make a forceful and vigorous protest against what was going on.

 

One notable exception is Lt. Colonel Stuart Couch who was a prosecutor in the case against a prisoner from Mauritania: Mohamedou Ould Slahi.

 

When Stuart Couch realized that the numerous statements made by this detainee were the product of torture, his conscience told him that the interrogators had crossed the line and he refused to prosecute the case.

 

What are the consequences of events in the American prison at Guantanamo Bay? Several observers discuss this question in the film. The answer comes in two parts:

 

The first part

The US has compromised its own ideals. The US claims to be a defender of human rights. The US wants to be seen as a country which promotes human rights. But events in the prison at Guantanamo Bay show us that this image is false.

 

The second part

When US soldiers are sent abroad and take part in a military conflict, some of them will captured. What will happen to them? How will they be treated?

 

The enemy may say they are not prisoners of war; the enemy may say they are enemy combatants and therefore not protected by the Geneva Conventions.

 

The enemy may use torture and will be able to defend this method by saying that the US does it too. Since the Americans have used torture against their enemies, it follows that their enemies now feel they have every right to do the same.

 

By allowing cruel and unusual punishment of prisoners at Guantanamo Bay, the US has opened the door. Now every nation can say that torture is allowed and can be justified in an emergency. Obviously, any situation can be interpreted as an emergency, so there is no limit.

 

What do reviewers say about this film? At the moment, there is no rating on IMDb. I have not seen many reviews of this film, but I did find a review on Bull Frog Films. Next to the review, which is positive, there are several statements made by individuals. These statements are also positive.

 

A statement from David Cole, Professor of Law at Georgetown University, deserves to be quoted here. His statement begins with the following words:

 

“Torturing Democracy shines a much-needed light on one of the darkest questions Americans must face: how did our government, a leader in the campaign to advance human rights around the world, find itself authorizing torture at the level of the President’s Cabinet after the attacks of September 11, 2001?”

 

One part of this statement is puzzling. Cole describes the US government as:

 

“a leader in the campaign to advance human rights around the world.”

 

How can he do that? Cole seems to believe the US government always supported human rights before 2001 and that the change only happened after 2001.

 

This view of the world is puzzling, naïve, and false. The US government supported military dictatorships in El Salvador and Guatemala in the 1980s. The US government supported the dictatorship of Augusto Pinochet in Chile.

 

Dictatorships such as these were given political, economic and military support. How did these governments operate? Did they respect human rights? No. But they were supported by the US. Did they use torture? Yes, they did.

 

Did the leaders of the US know about this? Yes, they did. Was there any attempt to stop violations of human rights committed by these dictators? No, they were encouraged to carry on with a good job.

 

Some observers who are horrified about events at Guantanamo Bay seem to think that what we see here is something new; that something like this has never happened before. They are wrong. This is nothing new. This has happened before.

 

What is new, what may be new is the fact that American prison guards and interrogators are conducting the torture themselves. In the past, the US merely paid others to do it for them. But even this view may be false, since we know that American advisors were often active participants when foreign dictatorships were conducting torture against their dissidents.

 

It is good to see that these observers are speaking out now, as they do in this film. At the same time, it is perplexing and very revealing that their initial response to the use of torture was so slow and so cautious as it was, according to their own statements.

 

This film covers an important topic, and the topic is covered very well. But the scope is limited.

 

Only events after 2001 are mentioned in this film. US conduct before 2001 is never mentioned. Neither foreign nor domestic policy.

 

Among the statements posted on Bull Frog Films, one more deserves to be quoted here. This statement comes from Daxie of the Daily Kos:

 

"A somber, gut-wrenching documentary. You will go away convinced that what we are doing to our prisoners is morally wrong and illegal. I walked away convinced that the leaders of this torture regime should be prosecuted for war crimes and put away for life."

 

I like this statement. It is short and to the point. Even if it is not realistic, I think it is an appropriate response to this film.

 

PS # 1. What about the three detainees who appear in the film? What happened to them? Here is a brief overview:

 

** Shafiq Rasul (born 1977) – prisoner # 086 – in prison from 2002. Released in 2004 – no charge!

** Moazzam Begg – (born 1968) – prisoner # 558 – in prison from 2002. Released in 2005 – no charge!

** Bisher Al-Rawi (born 1960) – prisoner # 906 – in prison from 2002. Released in 2007 – no charge!

 

PS # 2. What about Mohamedou Ould Slahi, the Mauritanian prisoner Stuart Couch refused to prosecute? What happened to him? Here is the answer:

 

Born in Mauritania in 1970. In prison from 2002. Released in 2016. No charge! His case is the subject of a recent historical drama.

 

REFERENCES

 

# 1. Films

** Rendition (2007)

** Torture made in USA (2009)

** Secrets, Politics and Torture - an episode of the long-running program "Frontline" which premiered on US television (PBS) on 9 May 2015

** The Mauritanian (2021)

 

# 2. Books

** Truth, Torture and the American Way: The History and Consequences of US Involvement in Torture by Jennifer Harbury (2005)

** Torture Team: Uncovering War Crimes in the Land of the Free by Philippe Sands (2009)

 

*****

 


Sunday, May 9, 2021

The Mauritanian (2021)

 

 


 

 

 

 

 

 

 

 

 

 

 

The Mauritanian is a historical and legal drama (based on a true story) which premiered in 2021.

 

The title refers to a man from Mauritania who was detained at the US prison at Guantanamo Bay for more than fourteen years without any formal charge.

 

Here is some basic information about this drama:

 

** Director: Kevin MacDonald

** Screenplay: M. B. Traven, Rory Haines and Sohrab Noshirvani

** Based on the book Guantanamo Diary by Mohamedou Ould Slahi (sometimes spelled Salahi) (first version published in 2015) (second version published in 2017)

** Languages spoken: English, Arabic, French

** Run time: 129 minutes

 

The cast includes the following:

 

** Tahar Rahim as Mohamedou Ould Slahi - prisoner

** Jodie Foster as Nancy Hollander – lawyer for the defense

** Shailene Woodley as Teri Duncan – Nancy Hollander’s assistant

** Benedict Cumberbatch as Lt. Colonel Stuart Couch – military prosecutor

** Zachary Levi as Neil Buckland – a US government official

** Corey Johnson as Bill Seidel – a US colonel

** David Flynn as Kent – a US government official who cannot reveal his last name

** Clayton Boyd as a lawyer

** Saamer Usmani as Arjun

** Denis Menochet as Emmanuel

 

Since this drama is based on a true story, the basic facts are part of the public record. They are not a secret. Therefore, I feel free to mention some of them here.

 

While this drama is based on a true story, it is not a documentary film. It is a dramatized version of events. Not everything happened exactly as shown here. Some details may have been added or changed or excluded for practical reasons or for dramatic purposes. But the basic story is true.

 

Mohamedou Ould Slahi was born in Mauritania in 1970. As an adult, he lived and worked abroad for a while. In November 2001, he was arrested while he was in Mauritania. This was the beginning of a long and horrible nightmare:

 

** For two weeks he was detained in the Parwan Detention Facility, a US prison in Afghanistan.

** For eight months he was detained and interrogated by Americans somewhere in Jordan.

** After being detained in Afghanistan and Jordan, he was moved to the US prison at Guantanamo Bay. He was there for more than 14 years: from 4 August 2002 until he was released and returned to Mauritania on 17 October 2016. During this time, he was never formally charged with any crime. When he was returned to Mauritania, his passport was not returned to him, so he cannot go anywhere.

 

The detainees at Guantanamo Bay are not regarded as prisoners of war and therefore not protected by the Geneva Conventions. They are regarded as enemy combatants. They are on Cuban soil rented by the US. They are not on American soil and therefore not protected by American rules and regulations.

 

The prison guards and the interrogators can do whatever they want. They cannot violate any rules or regulations, because there are no rules and regulation in this location, except those created by the US government. They can use “special methods” if a prisoner does not cooperate, if a prisoner does not want to talk, if a prisoner does not want to confess his crimes or reveal what he knows.

 

The US terminology for “special methods” is “enhanced interrogation techniques.” 

 

Critics use another word. 

 

They call it torture.

 

Apparently, the US authorities did not think Mohamedou Ould Slahi had done anything wrong. But they believed he might know something that might be interesting for the US government.

 

They wanted him to reveal this hidden truth. When he said he did not have anything to tell them, they were not pleased. They told him to confess. When he did not cooperate, they introduced him to the enhanced interrogation techniques.

 

The interrogators have several ways to make a prisoner talk, including the following:

 

** sleep deprivation

** isolation

** exposing the prisoner to extreme temperatures

** beatings and sexual humiliation

** a mock execution on a boat, dipping the prisoner’s head into the water while the boat is sailing

** placing the prisoner in a small room and exposing him to loud music (heavy metal)

**the prisoner must stand up against a wall for hours

** the prisoner is placed on the floor in an unpleasant position for hours

** the prisoner is told that members of his family may be arrested and sent to prison if he does not cooperate

 

In this drama, we see glimpses of what can happen to a prisoner (a suspect) who is detained at Guantanamo Bay.

 

We also follow both sides of the legal case against Slahi:

 

** THE DEFENSE

We see how the lawyer Nancy Hollander is asked to defend the prisoner (the suspect).

 

** THE PROSECUTION

We see how Lt. Colonel Stuart Couch is asked to prosecute the case against the prisoner (the suspect).

 

While in prison, Slahi learns English. He is allowed to have pen and paper. He writes an account of his experiences in prison. The account is in English. The title is Guantanamo Diary.

 

His account is completed in 2005. The first version of his account is published in 2015. It is heavily redacted (censored) by the US authorities. He is still in prison when the book is published. He is not allowed to see a copy of his book.

 

A restored version is published in 2017, around one year after his release from prison.

 

When Nancy Hollander is trying to prepare her defense, she asks for evidence. What is the evidence against my client? At first, she is told she cannot see any evidence. Why not? For reasons of national security. When she insists, the government changes its tactics and releases many boxes filled with documents, maybe 10,000 pages! They are trying to drown the defense in a mountain of paper!

 

When Stuart Couch is trying to prepare his prosecution, he asks for evidence. What is the evidence against the suspect? At first, he is told he cannot see what he wants. Why not? It is not necessary. Trust your superiors when they tell you that the suspect is guilty. When he insists, some classified evidence is released to him. When he studies the evidence, he is horrified. It is clear to him that the statements made by the prisoner are the result of torture. He says: We cannot charge a man based on evidence which is created by using torture!

 

It is interesting to notice what is happening here. The defender and the prosecutor have almost the same experience when they ask to see the evidence. The government does not want any of them to know anything!

 

In 2010, the defense lawyer is allowed to ask for habeas corpus on behalf of her client. It is a hearing about the release of the prisoner or at least a transfer to American soil.

 

The government refuses to move the prisoner to American soil. The reason is obvious: if the suspect is on American soil, he is protected by US rules and regulations.

 

A federal judge, who rules in the case, says belief is not evidence. Just because the government believes the suspect knows something that might be of interest to the US government, it is not legal to detain him without a charge. The judge rules that the prisoner must be released. Does it happen? No!

 

The case drags on. Not for weeks, not for months, but for years. In October 2016, after six additional years, the prisoner is finally released and returned to his home in Mauritania. He was never charged with a crime. He was never tried in a court of law to determine if he was guilty or innocent.

 

What do reviewers say about this historical and legal drama? Here are the results of three review aggregators:

 

53 percent = Meta (critics)

74 percent = Meta (audience)

74 percent = IMDb

74 percent = Rotten Tomatoes (critics)

86 percent = Rotten Tomatoes (audience)

 

As you can see, the ratings are good but not great. They range from three to four stars on Amazon.

 

When you look at Meta and Rotten Tomatoes, you can see that there is a clear difference between the critics and the audience. The critics offer a lower rating than the audience. In this case, I have to side with the audience. In my opinion, the critics are too negative.

 

One of the negative critics is Peter Bradshaw who writes for The Guardian. I respect his reviews and often agree with him, but in this case, I cannot do that.

 

Peter Bradshaw offers only 2 of 5 stars; a rating of only 40 percent, which is a very harsh verdict. Why does he do that? At the end of his review, he explains his low rating with the following words:

 

“This movie is content with congratulating itself for being on the right side of history, with little attention paid to questions unanswered and history unresolved.”

 

This statement is odd. It does not really explain anything. What are the unanswered questions? In his review, he does not mention any questions which must be answered, so it is not clear what he means. What about the unresolved history? In his review, he does not mention any history which must be resolved, so again, it is not clear what he means.

 

This drama deserves more than the critics are willing to give it. Why do I say this? I have three reasons:

 

# 1. The script is well-written and the actors play their roles well.

# 2. The story is captivating, dramatic and often highly emotional.

# 3. It is a true story about an important topic.

 

I want to go all the way to the top with this product. I think it deserves a rating of five stars (100 percent).

 

PS # 1. The Report is a historical and legal drama which premiered in 2019. FBI agent Daniel Jones investigates the CIA’s use of torture on suspected terrorists. The report compiled by Jones and his team reveals a shocking truth!

 

PS # 2. The following articles are available online:

 

** Jess Bravin, “The Conscience of the Colonel,”

Wall Street Journal, 31 March 2007

** Ben Taub, “Guantanamo: The Darkest Secret,”

The New Yorker, 15 April 2019.

 

ADDITIONAL REFERENCES

 

# 1. Books

** The Torture Report: What the Documents Say about America’s Post 9/11 Torture Program by Larry Siems (2012)

** The Terror Courts: Rough Justice at Guantanamo Bay by Jess Bravin (2013) (2014)

 

# 2. Films

 

** The Torture Question (2005) - an episode of Frontline

** Rendition (2007) - a historical drama

** Torturing Democracy (2008) - a documentary film

** Secrets, Politics and Torture (2015) - an episode of Frontline

 

*****

 

 

 Mohamedou Ould Slahi

(born 1970)


*****