SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
"Indefinite Detention" (Photo: Justin Norman/flickr/cc)
Judge Orders US Government to Stop Suppressing Evidence of Torture and Abuse
Ruling on Friday is latest development in years-long legal battle, in which the ACLU has argued the photos 'are crucial to the public record'
Mar 21, 2015
A federal judge on Friday ordered the U.S. government to release more than 2,000 photographs showing abuse and torture of people detained by the American military in Iraq and Afghanistan.
The decision is the latest development in a more than 10-year-long legal battle, in which the American Civil Liberties Unions has argued that disclosure of the records is critical for public debate and government accountability.
Many of the concealed photographs were taken by U.S. military service members and collected during more than 200 military investigations in Iraq and Afghanistan. Some could be on par with, or worse than, those released from Abu Ghraib prison in Iraq.
U.S. district judge Alvin Hellerstein ruled (pdf) that the government "is required to disclose each and all of the photographs" in response to a Freedom of Information Act Request from the ACLU. In the order, Hellerstein argued that the government did not adequately prove that "disclosure would endanger Americans."
The decision gives the Solicitor General two months to decide whether to appeal.
The ACLU has pressed for the release of records relating to torture and extrajudicial killings of prisoners in U.S. custody around the world since 2003.
The administrations of George W. Bush and Barack Obama have vigorously fought to keep these photographs suppressed, and in 2009, the White House collaborated with Congress to secretly change FOIA law to enable the concealment of the images, arguing it is necessary to protect national security.
However, ACLU deputy legal director Jameel Jaffer argued in response to Friday's ruling, "To allow the government to suppress any image that might provoke someone, somewhere, to violence would be to give the government sweeping power to suppress evidence of its own agents' misconduct. Giving the government that kind of censorial power would have implications far beyond this specific context."
"The photos are crucial to the public record," Jaffer continued. "They're the best evidence of what took place in the military's detention centers, and their disclosure would help the public better understand the implications of some of the Bush administration's policies. And the Obama administration's rationale for suppressing the photos is both illegitimate and dangerous."
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, The U.S. is on a fast track to authoritarianism like nothing I've ever seen. Meanwhile, corporate news outlets are utterly capitulating to Trump, twisting their coverage to avoid drawing his ire while lining up to stuff cash in his pockets. That's why I believe that Common Dreams is doing the best and most consequential reporting that we've ever done. Our small but mighty team is a progressive reporting powerhouse, covering the news every day that the corporate media never will. Our mission has always been simple: To inform. To inspire. And to ignite change for the common good. Now here's the key piece that I want all our readers to understand: None of this would be possible without your financial support. That's not just some fundraising cliche. It's the absolute and literal truth. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. Will you donate now to help power the nonprofit, independent reporting of Common Dreams? Thank you for being a vital member of our community. Together, we can keep independent journalism alive when it’s needed most. - Craig Brown, Co-founder |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Sarah Lazare
Sarah Lazare is web editor at In These Times. She is a former Staff Writer at Common Dreams. She comes from a background in independent journalism for publications including The Intercept, The Nation, and Tom Dispatch.
A federal judge on Friday ordered the U.S. government to release more than 2,000 photographs showing abuse and torture of people detained by the American military in Iraq and Afghanistan.
The decision is the latest development in a more than 10-year-long legal battle, in which the American Civil Liberties Unions has argued that disclosure of the records is critical for public debate and government accountability.
Many of the concealed photographs were taken by U.S. military service members and collected during more than 200 military investigations in Iraq and Afghanistan. Some could be on par with, or worse than, those released from Abu Ghraib prison in Iraq.
U.S. district judge Alvin Hellerstein ruled (pdf) that the government "is required to disclose each and all of the photographs" in response to a Freedom of Information Act Request from the ACLU. In the order, Hellerstein argued that the government did not adequately prove that "disclosure would endanger Americans."
The decision gives the Solicitor General two months to decide whether to appeal.
The ACLU has pressed for the release of records relating to torture and extrajudicial killings of prisoners in U.S. custody around the world since 2003.
The administrations of George W. Bush and Barack Obama have vigorously fought to keep these photographs suppressed, and in 2009, the White House collaborated with Congress to secretly change FOIA law to enable the concealment of the images, arguing it is necessary to protect national security.
However, ACLU deputy legal director Jameel Jaffer argued in response to Friday's ruling, "To allow the government to suppress any image that might provoke someone, somewhere, to violence would be to give the government sweeping power to suppress evidence of its own agents' misconduct. Giving the government that kind of censorial power would have implications far beyond this specific context."
"The photos are crucial to the public record," Jaffer continued. "They're the best evidence of what took place in the military's detention centers, and their disclosure would help the public better understand the implications of some of the Bush administration's policies. And the Obama administration's rationale for suppressing the photos is both illegitimate and dangerous."
Sarah Lazare
Sarah Lazare is web editor at In These Times. She is a former Staff Writer at Common Dreams. She comes from a background in independent journalism for publications including The Intercept, The Nation, and Tom Dispatch.
A federal judge on Friday ordered the U.S. government to release more than 2,000 photographs showing abuse and torture of people detained by the American military in Iraq and Afghanistan.
The decision is the latest development in a more than 10-year-long legal battle, in which the American Civil Liberties Unions has argued that disclosure of the records is critical for public debate and government accountability.
Many of the concealed photographs were taken by U.S. military service members and collected during more than 200 military investigations in Iraq and Afghanistan. Some could be on par with, or worse than, those released from Abu Ghraib prison in Iraq.
U.S. district judge Alvin Hellerstein ruled (pdf) that the government "is required to disclose each and all of the photographs" in response to a Freedom of Information Act Request from the ACLU. In the order, Hellerstein argued that the government did not adequately prove that "disclosure would endanger Americans."
The decision gives the Solicitor General two months to decide whether to appeal.
The ACLU has pressed for the release of records relating to torture and extrajudicial killings of prisoners in U.S. custody around the world since 2003.
The administrations of George W. Bush and Barack Obama have vigorously fought to keep these photographs suppressed, and in 2009, the White House collaborated with Congress to secretly change FOIA law to enable the concealment of the images, arguing it is necessary to protect national security.
However, ACLU deputy legal director Jameel Jaffer argued in response to Friday's ruling, "To allow the government to suppress any image that might provoke someone, somewhere, to violence would be to give the government sweeping power to suppress evidence of its own agents' misconduct. Giving the government that kind of censorial power would have implications far beyond this specific context."
"The photos are crucial to the public record," Jaffer continued. "They're the best evidence of what took place in the military's detention centers, and their disclosure would help the public better understand the implications of some of the Bush administration's policies. And the Obama administration's rationale for suppressing the photos is both illegitimate and dangerous."
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.