From Invisible Shackles to Visible Ones

8/13/2019 From Invisible Shackles to Visible Ones

1/25

From Invisible Shackles to Visible Ones

Introduction

As a child everything looks grand, even larger than life. Aisha climbed the steps

leading home one ordinary day, imagining herself as an explorer trucking through a steep

incline. Every step marked a discovery followed by a dramatic huff and puff. At age

eleven, she was beginning to form stout opinions of her own yet still maintained the

unwavering innocence of earlier years. As she made it through the door, she was

delighted by her triumph, only two steps shy of entering into the living room. As she was

reaching to take off her favorite purple sneakers, her whimsy came to an abrupt halt. She

heard a deep, deafening stream of profanities as she witnessed her younger sisters head

being bashed into the tread of the very marble like stairs she was about to con!uer.

She immediately turned around. An impulse took control and served as fuel for

running as fast as she could manage. "he asphalt was aggressively kissing her feet but

she did not seem to care# she ran faster barefoot anyway. $ow at the bottom of the

summit, her eyes were able to focus on the growing look of bewilderment on her

mothers face. %hile still running, she snatched her mother&s clunky $okia cell phone

and disappeared into the mass of green hills behind the house. She was not leaping into

them like she had so many times before, longing to feel blankets of snow against her

hands and cheeks. "his time, she was compelled by a desperate need for solace. "his was

a last resort. 'leading with her father to stop beating on her mother on several occasions

was only effective, because it diverted his focus to begin on her instead. She began

feeling pangs in her chest# she had never been this far away from home on her own

before. (owever, she could not afford to stop.

)


2/25

She took a good look at the phone in her sweaty palms, clenched it hard, and

proceeded to do the inconceivable* Aisha dialed + ) ) and told the nice lady everything

and how terribly it needed to stop. %hen she finally found her way home, she stared at

the police cars in front of her house. She was nervous and scared about the implications

of what she had ust done. "hrough her actions, she hoped that her father would be

punished for hurting her sister, so their household could have some semblance of redress.

Instead, she went in through the basement door only to find out that her father was let off

with a stern warning. (er situation worsened.

(er father explained to her mother, that if she wanted him to financially supportthe rest of the four children, he better not see Aisha&s face again. So for two years, she

would return from school only to go straight to her bedroom. Essentially, she was held in

her room for five hours a day on weekdays and much longer on weekends. (er physical

health and mental health deteriorated. -inner was brought to her most of the time but

there were times her mother would forget. She became plagued with several vitamin

deficiencies and spiraled into a state of depression, while she listened to her younger

siblings grow up without her, in the living room downstairs. "his was her punishment for

standing up to the established order in her household.

Aishas story is ust an illustration of what occurs when an individual acts out

against order on a small scale. If one expands and identifies individuals who defy a

higher order, such as a State, the implications are more severe, atrocious even.

nderstanding the power structure of a household with domestic violence serves well in

understanding the structure of a sovereign state committing state abuse on its civilians.

/y drawing a bridge between both models, one can better empathi0e with victims of state

1


3/25

violence to sense the urgency of their predicament and the need for it to cease. "his is

because most people in the nited States are more likely to have personal experience

with domestic violence or have loved ones that have, as opposed to being intimate with

the threat of State violence.

At the top of both models there is a head with centrali0ed power and control. In

Aishas case, it was her father. In the case of a State it is the regime, head of state, or

centrali0ed federal government. At the bottom of both models is a group of individuals on

which power and control is exerted. 2or Aisha, it was her family, consisting of her

mother and four siblings, which the father exerts control over. 2or a State, it is theciti0ens and general populace. %hen it is a State with great world power, the reach of

control and power, goes beyond its sovereign borders, and it can exert control over other

states populace and citi0ens.

'ower and control structures do not always go unchallenged. A threat or

challenge to a power structure can come in many forms. 3n a smaller scale, like in the

case of a household with an aggressor, the threat is Aisha calling the cops to put an end to

her fathers brute force. 3n a large scale, threats to regimes and governments can take on

many faces. In Syria, individuals challenge the Assad regime by organi0ing mass

protests, blogging against the established order by advocating for free elections and

democrati0ation, and providing medical aid to wounded civilians and protestors. Ethnic

Ingush and 4hechen armed groups fighting for independence from the 5ussian federation

threaten the 5ussian governments control in a more obvious way, by having physical

clashes with law enforcement authorities and the military. -etainees held at the

6uantanamo /ay detention center challenge the nited States government by going on

7


4/25

hunger strike, to oppose their indefinite detention.

%hen a threat materiali0es, a power and control structure reacts by tightening the

grip. Aishas father reacted by locking her up in her room and creating an environment of

systematic neglect. A State may tighten the grip by imprisoning individuals responsible

for causing a threat to their ability to effectively control its populace or they may arrest

individuals to send a message to a greater group or faction working against the power or

control center. "he individuals imprisoned may be referred to as political prisoners.

'olitical prisoners around the world are victims of harrowing predicaments,

including torture, arbitrary detention, and indefinite detention. 8any of them havefamilies that are faced with lack of closure due to their mysterious disappearances. A

political prisoner is someone who has been deprived of his or her personal liberty in

violation of guarantees protected by the European 4onvention on (uman 5ights and its

'rotocols including* freedom of thought, conscience, and religion# freedom of expression

and information# and freedom of assembly and association. ) "heir arbitrary detention and

torture violates Articles 9 and + of the International 4ovenant on 4ivil and 'olitical

5ights :;I44'5


5/25

3n a smaller scale, with cases of child abuse, children like Aisha suffer from

posttraumatic stress disorder :;'"S- times likely to be

unemployed. 7 %omen like Aisha, are 1.> times more likely to rely on 8edicaid.

State violence traumati0es mass populations for generations and stalls a societys

ability to innovate and grow with the times. "here are negative economic, social, and

political implications for the State and the international community at large. Each casestudy discussed below addresses State abuse, its implications, and the need for adherence

to international laws and the need for accountability when atrocities occur.

Syria

In )+9?, (afe0 al Assad led a /aathist coup, with an avowedly socialist message,

and centrali0ed power over Syrias main initiatives, institutions and security apparatus. >

In 1???, (afe0 passed leadership on to his son, /ashar al Assad. J "he Assads base

themselves in the Alawite sect, which accounts for )1 percent of Syrias population. 9

3 Kielinski, -avid S., Long-term Socioeconomic Impact of Child Abuse and eglect! Implications for

"olic# ) , 2 A8IGL I8'A4" SE8I$A5S , Huly 17, 1?)1, http*@@familyimpactseminars.org@sMnmfis?1c?7.pdf .4

Id$

5 "rofile! S#ria%s ruling &aath "art# , //4 $ E%S , Huly +, 1?)1, http://www.bbc.co.uk/news/world-

middle-east-18582755 :last visited -ec. 1+, 1?)7=.

6 %ilkinson, 'eter, &ashar al-Assad! A ruler shaped b# violence' indecision' sa# former insiders , 4$$,

Aug. 7), 1?)7, http://www.cnn.com/2013/08/28/world/meast/syria-assad-profile/ :last visited -ec.1+, 1?)7=.

7 The %secretive sect% in charge of S#ria , //4 $ E%S , 8ay )9, 1?)1, http*@@www.bbc.co.uk@news@world

middle east ) ? +J :last visited -ec. 11, 1?)7=.

>
http://familyimpactseminars.org/s_nmfis02c03.pdfhttp://familyimpactseminars.org/s_nmfis02c03.pdfhttp://www.bbc.co.uk/news/world-middle-east-18582755http://www.bbc.co.uk/news/world-middle-east-18582755http://www.bbc.co.uk/news/world-middle-east-18582755http://www.bbc.co.uk/news/world-middle-east-18582755http://www.cnn.com/2013/08/28/world/meast/syria-assad-profile/http://www.bbc.co.uk/news/world-middle-east-18084964http://www.bbc.co.uk/news/world-middle-east-18084964http://www.bbc.co.uk/news/world-middle-east-18084964http://familyimpactseminars.org/s_nmfis02c03.pdfhttp://www.bbc.co.uk/news/world-middle-east-18582755http://www.bbc.co.uk/news/world-middle-east-18582755http://www.cnn.com/2013/08/28/world/meast/syria-assad-profile/http://www.bbc.co.uk/news/world-middle-east-18084964http://www.bbc.co.uk/news/world-middle-east-18084964


6/25

Syria itself has a Sunni ma ority population. 2ollowing upheaval in 1?? , due to the

public&s demand for democrati0ation, >1 political prisoners disappeared from a Syrian

ail. Several families were unable to ac!uire information about their whereabouts. +

In 1?)), some teenagers painted revolutionary slogans on a school wall, in the

southern city of -eraa, Syria, which led to their arrest and torture. )? As a result, Syrias

uprising began in 8arch of 1?)). )) A number of pro democracy protests sparked. )1

3riginating in the southern city of -eraa, hundreds of thousands of people gathered in

nationwide protests to demand /ashar al Assads resignation. )7 'rotests also took place in

-amascus and -eraa demanding the release of political prisoners.)

As the protestsspread, the government used military force to !uell dissidents. )> In 1?)1, the conflict

spread to the capital, -amascus, and to the city, Aleppo. )J

Since 1?)), Syria has imprisoned activists for voicing pro democracy opinions on

websites, blogs and at protests. )9 "he government continues to ban websites that are

8 Id$

9 %ander, Andrew, S#rian prisoners %disappeared% , AG HAKEE5A :Huly ?>, 1?)?=,

http*@@www.al a0eera.com@news@middleeast@1?)?@?9@1?)?9 J> 17>9 > .html.10

S#ria! The stor# of the conflict , //4 $ E%S , Sept. 7, 1?)7, http*@@www.bbc.co.uk@news@world middleeast )+77)>>) :last visited -ec. 1 , 1?)7=.11

Id$12

Id$13

Id$

14 S#ria! Origins of the uprising , //4 $ E%S , Hune , 1?)1, http://www.bbc.co.uk/news/world-asia-

173 858 "last #isited $ec. 28% 2013&.

15 Id$

16 S#ria! The stor# of the conflict , //4 $ E%S , supra note )?.

17 S#rian (ailed for spreading )eb material , AG HAKEE5A :Hune 1?, 1?? =,

http*@@www.al a0eera.com@archive@1?? @?J@1?? +)>7+>7)J71 9.html.

J
http://www.aljazeera.com/news/middleeast/2010/07/20107465823578458.htmlhttp://www.bbc.co.uk/news/world-middle-east-19331551http://www.bbc.co.uk/news/world-middle-east-19331551http://www.bbc.co.uk/news/world-asia-17344858http://www.bbc.co.uk/news/world-asia-17344858http://www.bbc.co.uk/news/world-asia-17344858http://www.aljazeera.com/archive/2004/06/200849153953163287.htmlhttp://www.aljazeera.com/news/middleeast/2010/07/20107465823578458.htmlhttp://www.bbc.co.uk/news/world-middle-east-19331551http://www.bbc.co.uk/news/world-middle-east-19331551http://www.bbc.co.uk/news/world-asia-17344858http://www.bbc.co.uk/news/world-asia-17344858http://www.aljazeera.com/archive/2004/06/200849153953163287.html


7/25

thought to be offensive to their established order. ) "his shows a systematic crackdown

on dissidents and /ashar al Assad&s blatant disregard for human rights and the

democrati0ation process for fair and free elections.

(owever, the tightening of the grip on medical professionals, by way of

detainment and prisoner abuse, has particularly gruesome implications for Syrias future.

(uman 5ights %atch :;(5% It was reported by released prisoners that -r. Arab was

18 Id$

19 Surk, /arbara, S#ria Conflict! Torture *vidence Found In +overnment "risons In ,a a' ,eport Sa#s ,

( 22I$6"3$ ' 3S" , :8ay )9, 1?)7= http*@@www.huffingtonpost.com@1?)7@?>@)9@syriatortureMnM71+)J)1.html .20

Id$

21 Id$

22 Id$

23 .r$ /uhammad &ashir Arab , 235 SA, http*@@forusa.org@content@dr muhammad bashir arab ldktwr

mhmd bshyr lrby :last visited -ec. 1+, 1?)7=.24

Id$25

Id$

9
http://www.huffingtonpost.com/2013/05/17/syria-torture_n_3291612.htmlhttp://www.huffingtonpost.com/2013/05/17/syria-torture_n_3291612.htmlhttp://www.huffingtonpost.com/2013/05/17/syria-torture_n_3291612.htmlhttp://forusa.org/content/dr-muhammad-bashir-arab-ldktwr-mhmd-bshyr-lrbyhttp://forusa.org/content/dr-muhammad-bashir-arab-ldktwr-mhmd-bshyr-lrbyhttp://forusa.org/content/dr-muhammad-bashir-arab-ldktwr-mhmd-bshyr-lrbyhttp://forusa.org/content/dr-muhammad-bashir-arab-ldktwr-mhmd-bshyr-lrbyhttp://www.huffingtonpost.com/2013/05/17/syria-torture_n_3291612.htmlhttp://www.huffingtonpost.com/2013/05/17/syria-torture_n_3291612.htmlhttp://forusa.org/content/dr-muhammad-bashir-arab-ldktwr-mhmd-bshyr-lrbyhttp://forusa.org/content/dr-muhammad-bashir-arab-ldktwr-mhmd-bshyr-lrby


8/25

tortured and beaten severely to the point of permanent damage to his limbs. 1J 3n Huly J,

1?)1, he was taken to the hospital after starting a hunger strike five days before the

hospital visit. 19

"he Syrian regime&s actions toward political prisoners like -r. Arab is a clear

violation of Article 9 of the I44'5, which provides that no one shall be sub ected to

torture or to inhuman treatment. 1 Article ) of "he 4onvention against "orture and 3ther

4ruel, Inhuman or -egrading "reatment or 'unishment defines torture as any intentional

act where severe physical pain or suffering is inflicted on a person. 1+ Syria&s treatment of

political prisoners clearly violates international standards, especially in regards to theresearch (5% provides. Arbitrary detention is illegal under Article + of the International

4ovenant on 4ivil and 'olitical 5ights, signed by Syria in )+J+ and )+9J. 7? -r. Arabs

arrest is a clear violation of Article + of the I44'5 because the Syrian regime does not

have a colorable claim for holding him.

/ashar al Assad&s authori0ation of torture tactics and indefinite detention are so

brutally enforced because he wants to prevent the organic process of democratic change

that is occurring in Syria, which is a direct challenge to his political power. "he

detainment of medical aid givers and doctors who give aid to protesters is a clear

indication that Assad&s regime wants to crush any movement vicariously supporting the

26 Id$

27 Id$

28 International 4ovenant on 4ivil and 'olitical 5ights art. 9, -ec. )J, )+JJ, ++ .$.".S. )9).

29 4onvention against "orture and 3ther 4ruel, Inhuman or -egrading "reatment or 'unishment art. ),

Hune 1J, )+ 9, http*@@www.ohchr.org@E$@'rofessionalInterest@'ages@4A".aspx.

30 Terminolog# used )ith S#ria0s political prisoners , 235 SA,

http://forusa.or'/content/terminolo'y-used-syrias-political-prisoners :last visited -ec. 7?, 1?)7=# International 4ovenant on 4ivil and 'olitical 5ights art. +, -ec. )J, )+JJ, ++ .$.".S. )9).
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspxhttp://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspxhttp://forusa.org/content/terminology-used-syrias-political-prisonershttp://forusa.org/content/terminology-used-syrias-political-prisonershttp://www.ohchr.org/EN/ProfessionalInterest/Pages/CAT.aspxhttp://forusa.org/content/terminology-used-syrias-political-prisoners


9/25

move towards a more democratic Syria. (owever, this strategic move comes at much too

high a cost. International laws matter because they are supposed to serve as a check on

States, to deter them from carrying out acts, such as imprisoning medical professionals,

because it stalls the progress, health and growth of their populace. "here are severe public

health implications that result from the Syrian regime violating Articles 9 and + of the

I44'5.

Syrias healthcare system is at its breaking point because medical professionals

are being imprisoned or are fleeing the country. ; J+ health workers are currently

imprisoned and about )>,??? doctors have fled the country. In Syria&s largest city,Aleppo, there are ust 7J physicians, compared to >,??? before the civil war began.< 7)

"he population is now vulnerable to outbreaks of hepatitis, typhoid, cholera, and

dysentery. 71 8oreover, there has been a significant increase in cases of acute diarrhea. 77

In some areas, children born since the conflict started have not been vaccinated. 7 -ue to

the fact that many medical professionals are either locked up or fled the country, patients

with chronic illnesses like cancer, diabetes, hypertension and heart disease, that re!uire

long term medical assistance, have nowhere to turn for medical care. 7>

"he effect of locking up medical professionals is not only having a negative effect

on the resistance, but it is adversely impacting the general population. Assad informed its

31 Siddi!ue, (aroon, .octors to )arn that S#ria%s healthcare s#stem is at %breaking point% , " (E

6 A5-IA$ , :Sept. )J, 1?)7= http://www.the'uardian.com/world/2013/sep/1(/doctors-warn-syria-healthcare-breakin'-point .

32 Open letter! let us treat patients in S#ria , " (E GA$4E" , :Sept. )J, 1?)7=

http*@@www.thelancet.com@ ournals@lancet@article@'IIS?) ? J97J:)7=J)+7 @fulltext.33

Id$34

Id$

35 Id$

+
http://www.theguardian.com/world/2013/sep/16/doctors-warn-syria-healthcare-breaking-pointhttp://www.theguardian.com/world/2013/sep/16/doctors-warn-syria-healthcare-breaking-pointhttp://www.theguardian.com/world/2013/sep/16/doctors-warn-syria-healthcare-breaking-pointhttp://www.thelancet.com/journals/lancet/article/PIIS0140-6736(13)61938-8/fulltexthttp://www.theguardian.com/world/2013/sep/16/doctors-warn-syria-healthcare-breaking-pointhttp://www.theguardian.com/world/2013/sep/16/doctors-warn-syria-healthcare-breaking-pointhttp://www.thelancet.com/journals/lancet/article/PIIS0140-6736(13)61938-8/fulltext


10/25

parliament back in the summer of 1?)1, N%hen a surgeon cuts a wound, the wound

bleeds. -o we say to him* &Lour hands are covered in bloodC 3r do we thank him for

saving the patientCN 7J Assad ustified his actions by saying he is doing what is best for his

people. (owever, his comments have less legitimacy when his regime is conducting acts

that are directly adverse to the public health of the entire country. "he implications for

Syrias future is frightening because the Assad regime has effectively crippled a good

percentage of its general population. %hen the conflict settles it will be very difficult to

begin a process of economic, infrastructural and social reconstruction because Syria will

lack a healthy population to work towards that goal.5ussia* Ingushetia

In )+ , Soviet dictator Hoseph Stalin deported the entire 4hechen population to

Siberia and 4entral Asia, for allegedly collaborating with $a0i 6ermany. 79 "housands

died in the process. 7 In )++1, 4hechnya adopted a constitution defining itself as an

independent, secular state governed by a president and parliament. 7+ (owever, by

-ecember )++ , 5ussian troops entered 4hechnya to !uash the independence

movement. ? Approximately )??,??? people were killed in the 1? month war that

followed. )

36 (amilton, -ouglas, &ashar Assad' S#rian "resident' Outlasts Other Arab Autocrats , :Huly ) , 1?)1=

http://www.huffin'tonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats)n)1(82381.html*

ncid+edlinkusaolp00000003,utm)hp)ref+fb,src+sp,comm)ref+false .37

Finding a solution to Chechn#a0s desire for independence , 4aracas 8odel nited $ations 7 :1??9=,http*@@www.secmyl.com@uploads@"erritorial-isputes4ommission.pdf .

38 Id$

39 Id$ at +.

40 Id$ at )?.

41 Id$

)?
http://www.huffingtonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats_n_1682381.html?ncid=edlinkusaolp00000003&utm_hp_ref=fb&src=sp&comm_ref=falsehttp://www.huffingtonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats_n_1682381.html?ncid=edlinkusaolp00000003&utm_hp_ref=fb&src=sp&comm_ref=falsehttp://www.huffingtonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats_n_1682381.html?ncid=edlinkusaolp00000003&utm_hp_ref=fb&src=sp&comm_ref=falsehttp://www.secmyl.com/uploads/TerritorialDisputesCommission.pdfhttp://www.secmyl.com/uploads/TerritorialDisputesCommission.pdfhttp://www.huffingtonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats_n_1682381.html?ncid=edlinkusaolp00000003&utm_hp_ref=fb&src=sp&comm_ref=falsehttp://www.huffingtonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats_n_1682381.html?ncid=edlinkusaolp00000003&utm_hp_ref=fb&src=sp&comm_ref=falsehttp://www.huffingtonpost.com/2012/07/18/bashar-assad-syrian-president-outlasts-arab-autocrats_n_1682381.html?ncid=edlinkusaolp00000003&utm_hp_ref=fb&src=sp&comm_ref=falsehttp://www.secmyl.com/uploads/TerritorialDisputesCommission.pdf


11/25

In August )+++, 4hechen fighters crossed into the neighboring 5ussian 5epublic

of -agestan to support an Islamic body based there in its declaration of an independent

Islamic state in parts of -agestan and 4hechnya. 1 At the time, Bladimir 'utin was the

5ussian prime minister and 8oscow was fast and firm in its reaction. 7 %ithin a couple

of weeks the rebellion was crushed. In 8arch 1??7, a controversial referendum approved

a new constitution, giving 4hechnya more autonomy, but stipulating that it remain a part

of 5ussia.

Gike the 4hechens, the Ingush, despite their history of relative loyalty to 8oscow,

were also deported to 4entral Asia towards the end of %orld %ar II . > "hey were also

accused of collaborating with the $a0is . J Gike the 4hechens, the Ingush are

predominantly Sunni 8uslim. 9 In )+>9, they were finally allowed to return . In )++),

when -0hokhar -udayev came to power as 4hechen leader and declared 4hechen

sovereignty, the Ingush resisted this move. + A brief conflict ensued, and the Ingush

subse!uently utili0ed referendum, voting to move to form a separate republic within the

5ussia 2ederation. >?

In )+++, Ingushetia was faced with another refugee crisis when thousands of

42 Finding a solution to Chechn#a0s desire for independence , supra note 79, at )).

43 Id$

44 Id$ at )1.

45 Id$ at 7.

46 Id$47

Finding a solution to Chechn#a0s desire for independence , supra note 79, at 7.

48 Ingushetia profile , //4 $ E%S , 3ct. )9, 1?)7, http://www.bbc.co.uk/news/world-europe-20(157 0

:last visited -ec. 7?, 1?)7=.

49 Id$

50 Id$

))
http://www.bbc.co.uk/news/world-europe-20615790http://www.bbc.co.uk/news/world-europe-20615790http://www.bbc.co.uk/news/world-europe-20615790


12/25

4hechens fled there after 5ussian troops infiltrated 4hechnya .>) Since then, a radical

8uslim insurgency has spread from 4hechnya across the entire $orth 4aucasus region,

and militant attacks have become numerous in Ingushetia .>1 "here were a host of attacks

in 1??+, including a suicide bombing at a police station that killed at least 1> people and

an attempt on the life of 'resident Lunus /ek Levkurov. >7 8oscow reacted by

announcing another overhaul of security in the republic, and in Hune the following year,

security forces announced the arrest of a leading militant linked to the assassination

attempt, and several other attacks. > (owever, 8oscow also retaliated by arresting and

carrying out the enforced disappearance of several Ingush individuals.>>

"he disappearance of prisoners and regular use of torture in 5ussia implicates a

disparity in achieving ustice in its legal system. Allegations of unlawful detention,

torture and enforced disappearances are particularly prevalent in the $orthern 4aucasus. >J

(owever, if prisoners speak out against their human rights violations carried out by law

enforcement officers, they often face further harassment .>9

Ingushetia, a republic within the 5ussian 2ederation, located in the $orthern

4aucasus, which consists of an overwhelmingly 8uslim ma ority population, face many

human rights violations. > 'olitical prisoners in Ingushetia have long been sub ect to

51 Id$

52 Id$

53

The Circle of In(ustice! Securit# Operations and 1uman ,ights Violations in Ingushetia , A8$ES"L I $"E5$A"I3$AG )? :1?)1=, http*@@www.amnesty.org@en@library@asset@E 5 J@?)1@1?)1@en@)>aa1dcf ?b7+

7f? a b J> JJ ?J1)1@eur J?)11?)1en.pdf . 54

Id$55

Id$56

Id$57

Id$58

The Circle of In(ustice! Securit# Operations and 1uman ,ights Violations in Ingushetia' supra note >7,at )+.

)1
http://www.amnesty.org/en/library/asset/EUR46/012/2012/en/15aa2dcf-0b39-43f0-a8b8-658668806212/eur460122012en.pdfhttp://www.amnesty.org/en/library/asset/EUR46/012/2012/en/15aa2dcf-0b39-43f0-a8b8-658668806212/eur460122012en.pdfhttp://www.amnesty.org/en/library/asset/EUR46/012/2012/en/15aa2dcf-0b39-43f0-a8b8-658668806212/eur460122012en.pdfhttp://www.amnesty.org/en/library/asset/EUR46/012/2012/en/15aa2dcf-0b39-43f0-a8b8-658668806212/eur460122012en.pdfhttp://www.amnesty.org/en/library/asset/EUR46/012/2012/en/15aa2dcf-0b39-43f0-a8b8-658668806212/eur460122012en.pdfhttp://www.amnesty.org/en/library/asset/EUR46/012/2012/en/15aa2dcf-0b39-43f0-a8b8-658668806212/eur460122012en.pdf


13/25

enforced disappearances and torture with the impossibility of utili0ing courts for

redress. >+ In 1?)), )+ people were victims of enforced disappearances or abduction by

5ussian authorities. J? "he implications for the disappearance of prisoners is that there will

be no lasting stability in the $orth 4aucasus, because its population lives in perpetual

fear of being picked up by 5ussian authorities. J) "he secrecy within 5ussias security

operations certainly promotes denial of enforced disappearances. Arrests are ustified

with the charge that the prisoner oined an armed group. J1 (owever, after the arrest and

enforced disappearance, prisoners have no access to courts to plead against their charge. J7

3n the early morning of Huly )?, 1??+, several armed men came into /atyrAlbakovs flat and arrested him without presenting any identification cards. J "hey

simply stated they were taking /atyr Albakov to the $a0ran -istrict 'olice Station. J>

/atyrs family approached several law enforcement agencies the following day to no

avail because they denied having /atyr in their custody. JJ A criminal case was not started

and an investigation did not take place .J9 "he 8inistry of the Interior stated that he was

on the ;wanted< list as a suspected member of an illegal armed group, even though there

is no clear evidence of this. J

ntil his enforced disappearance, /atyr lived openly in his home in Ingushetia

59 Id$

60 Id$ at )J.

61 Id$ at )J )

62

Id$63 The Circle of In(ustice! Securit# Operations and 1uman ,ights Violations in Ingushetia' supra note >7,at )J ) .64

Id$ at 1?.65

Id .66

Id$ at 1).67

Id$68

The Circle of In(ustice! Securit# Operations and 1uman ,ights Violations in Ingushetia' supra note >7,at 1).

)7


14/25

and worked as an engineer at 8agas airport, located in Ingushetias capital, 8agas. J+ 3n

Huly 11, 1??+, his body was handed over to his family. 9? Several photos were taken of his

body before he was buried, indicating signs of torture from bullet wounds on his body. 9)

(is family re!uested a criminal case to be opened to investigate the basis of /atyrs

enforced disappearance and extra udicial killing, however, the investigator concluded he

was killed in a security operation and could not have been in official custody. 91 In 8arch

1?)?, his family tried to appeal to a district court but the case was turned down. 97

nder the Standard 8inimum 5ule for the "reatment of 'risoners, adopted by the

$, every prisoner shall have the right to inform his or her family of imprisonment or histransfer to another facility. 9 nder the same standard, the prisoner must also be provided

with all reasonable facilities to communicate with friends and family. 9> nder the

-eclaration on the 'rotection of All 'ersons from Enforced -isappearance, enforced

disappearances are completely prohibited. 9J

%hether or not prisoners were politically motivated does not matter. "he

established order in 5ussia wants to send a message indicating that threats and attacks

against the 5ussian 2ederation are not tolerated. "hree arrests of protesters were made

during a demonstration in the city of $a0ran, where families and loved ones gathered to

demand answers to Ile0 6orchkhanovs enforced disappearance on 8arch 1), 1?)),69

Id$70

Id .71

Id$72 Id$73

The Circle of In(ustice! Securit# Operations and 1uman ,ights Violations in Ingushetia' supra note >7,at 1).74

Standard 8inimum 5ules for the "reatment of 'risoners art. :7=, 8ay )7, )+99,http*@@www.unodc.org@pdf@criminalM ustice@ $MStandardM8inimumM5ulesMforMtheM"reatmentMofM'risoners.pdf.75

Id$76 -eclaration on the 'rotection of All 'ersons from Enforced -isappearance art. ), -ec. ) , )++1,http*@@www.un.org@documents@ga@res@ 9@a 9r)77.htm.

)


15/25

when he was arrested by law enforcement officers. 99 3n April )+, 1?)), his body was

found washed ashore by the river Assa, located near the village $esterovskaya, in

Sun0hensky -istrict, with signs of strangulation on his neck. 9

After these arrests were made, 5ussias administration campaigned to make these

political prisoners seem like they deserved their predicaments. "he campaigns made these

prisoners seem invaluable, thereby being undeserving of the 5ussian governments

safeguarding of their human rights and liberties. "hey are often painted as evil criminals

despite the fact that they have not gone through proper udicial processes to determine

whether their charges should stand. "his has grim implications for 5ussias future.International human rights laws are easily violated when political prisoners are painted as

the other, as the exception to the adherence to values of humanity and mercy. "hey

become faceless because they are out of sight and therefore, out of mind.

"he implications of these acts are grave because they cripple a country and a

societys ability to evolve and grow with the needs of its people. 2or Ingushetia, that

means a free and democratic state for its people, with access to a legal system that can

provide ustice for its victims. Bictims of these violations and their families find a closed

door everywhere they turn because security forces deny any entanglements in human

rights violations. 3fficial investigators do not identify the perpetrators and the court

system offers no redress.

In order to foster a stable region, the 5ussian government must review all

legislation and policies protecting law enforcement officials and must ensure these

policies do not protect them when they are accountable for human rights violations. Strict

77 The Circle of In(ustice! Securit# Operations and 1uman ,ights Violations in Ingushetia , supra note >7,

at 1+.78

Id$

)>


16/25

re!uirements must be enforced to ensure that arresting law enforcement officers wear and

provide a form of identification so families, loved ones and other witnesses can be

informed of what agency they belong to. 9+ "his will ensure that victims and families can

be able to begin a process of seeking redress. "he 5ussian authorities must distinguish

between innocent civilians and armed groups posing a threat to life and security in the

territory, if there is to be stability in the future . ? "heir inability to do so will create

resentment in the minds of the Ingush population that could manifest into hostility,

creating greater violence, conflict and threats to peace and security.

A healthy society is not promoted when activists and those unable to gain accessto a fair trial are locked away. %iping their tangible bodies from the free world as we

know it does not mean their plight, trials and tribulations are not occupying space in

another capacity. ; A strong sense of collective in ustice, due to actual or perceived

exclusion based on social or cultural identity, can increase a groups feelings of alienation

from the wider society. "his may lead to animosity and resentment. 3ver time, such

tensions can foster group mobilisation and fuel violent conflict. < ) "hus, a society filled

with angst and fear can never be a healthy and productive one.

"he nited States* 6uant O namo /ay -etention 4enter

In Hanuary 1??+, 'resident 3bama described the 6uant Onamo detentions as ;a

misguided experiment< and said ;the costs of keeping it open far exceed the

79 Id$ at 9).

80 Id$ at 91.

81 Chapter 2 - 3nderstanding violent conflict , 6S-54 A ''GIE- P $3%GE-6E SE5BI4ES ,

http://www.'sdrc.or'/inde .cfm*ob ectid+ 0 23$ -1 2-(20 -27$1 2 54 8 1 :lastvisited -ec. 1+, 1?)7=.

)J
http://www.gsdrc.org/index.cfm?objectid=4A0C23DB-14C2-620A-27D1F2B5EF89AA1Ahttp://www.gsdrc.org/index.cfm?objectid=4A0C23DB-14C2-620A-27D1F2B5EF89AA1A


17/25

complications involved in closing it.< 1 It is now 1?)7 and the prison is still open.

(owever, time stands still for the detainees held there. 3n 8ay 17, 1?)7, with )??

detainees on hunger strike, in protest of their indefinite detention, 'resident 3bama

reiterated that the 6uant Onamo /ay detention camp should be closed. 7 "o this day there

has not been an increase of detainees that have been transferred or released. In Hanuary

1??1, 99+ men, some of whom were teenagers at the time of their arrest, were brought to

6uant Onamo, without access to a counsel or court. > "oday, )JJ men remain in

6uant Onamo, most of them in indefinite detention, without a charge or criminal trial. J

3baidullah, one of the detainees, is an Afghan national who was about )+ yearsold when he was arrested in his home in eastern Afghanistan. 9 (e was taken in the

middle of the night, by .S. Special forces. "he .S. Special 2orces were acting on a tip

from an unknown source claiming that 3baidullah was an al Qa&ida member. + At the

time of the raid, .S. 2orces found a notebook containing notes and diagrams of

explosive devices on his person. +? "hey also found 17 anti tank landmines buried on his

82 "olitical Scene Transcript! Obama and +uant4namo , " (E $ E% L 35PE5 , :8ar. )), 1?))=

http://www.newyorker.com/online/blo's/newsdesk/2011/03/transcript-political-scene-'uantanamo.html .

83 I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25 th 6ear

7ithout Trial , A8$ES"L I $"E5$A"I3$AG ) :1?)7=,http*@@www.amnestyusa.org@sites@default@files@amr>)?>)1?)7en.pdf . 84

Id$85

Id$86

Id$87

Id$88

I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25 th 6ear7ithout Trial' supra note 7, at ).89

Id$ at >.90

Id$

)9
http://www.newyorker.com/online/blogs/newsdesk/2011/03/transcript-political-scene-guantanamo.htmlhttp://www.newyorker.com/online/blogs/newsdesk/2011/03/transcript-political-scene-guantanamo.htmlhttp://www.newyorker.com/online/blogs/newsdesk/2011/03/transcript-political-scene-guantanamo.htmlhttp://www.amnestyusa.org/sites/default/files/amr510512013en.pdfhttp://www.amnestyusa.org/sites/default/files/amr510512013en.pdfhttp://www.newyorker.com/online/blogs/newsdesk/2011/03/transcript-political-scene-guantanamo.htmlhttp://www.newyorker.com/online/blogs/newsdesk/2011/03/transcript-political-scene-guantanamo.htmlhttp://www.amnestyusa.org/sites/default/files/amr510512013en.pdf


18/25

family&s property. +)

(owever, the investigator working on his case in Afghanistan found local

witnesses who confirmed 3baidullah&s explanation for the landmines. +1 -uring the )+ ?s,

a communist official named Ali Han used the land as garrison head!uarters while his

family was seeking refuge in 'akistan at the time. +7 "he investigator also found local non

family witnesses who stated that the drawings of explosives in 3baidullah&s notebook

were notes taken from classes he was forced to attend by the "aliban, which he ran away

from after a few days. + -espite all of this, he has not had a trial to this date to address the

evidence procured by the investigator.(e accounted that after he was taken to the military base, soldiers told him to put

his arm up right in front of himself and placed heavy sandbags on them and forced him to

walk back and forth with them all night .+> %hen he taken into a new room the following

day for interrogation, he fell onto the ground after one of the officers struck him, because

he said he did not know the answers to their !uestions. +J 3fficial .S. -ocuments also

detail that 3baidullah suffered a rifle butt strike to the head while at 4hapman Airfield

and a sergeant with the .S. Special 2orces 6roup stated in a sworn statement in 1?)?,

3baidullah was struck by a member of 1 nd Airborne and as a result re!uired stitching. +9

A former $4IS intelligence officer also said that 3baidullah was sub ected to sleep

deprivation and physical abuse at 4hapman. +

91 Id$

92 Id .


7ithout Trial' supra note 7, at )>.94

Id$95

Id$ at >.96

Id$97

Id$ at J.98

I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25 th 6ear

)


19/25

It is well documented that detainees at /agram airbase were sub ect to torture and

mistreatment, especially during 1??1 to 1??>. ++ 2or example, interrogators forced nudity

on detainees and called the techni!ue ;ego down.< )?? "he /ush administration also

admitted to its authori0ation of the ;waterboarding< interrogation techni!ue, which

involves interrupted drowning of detainees. )?) 3ther detainees held at /agram, in 1??1,

have been sub ected to forced kneeling and denial of water for prayer and ablution. )?1

%hen 3baidullah arrived at /agram, he was kept in solitary confinement for the

first two weeks and the cell he was kept in had no toilet. )?7 "here was no guard who

would take him to a toilet and he was forced to defecate in his cell.)?

(e accounted thathe called for someone to take him to the toilet and a soldier told him to stop yelling and

slammed his head on the ground, causing his nose to break. )?> (e did not receive medical

treatment for this incident. )?J (e accounted that they interrogated him under very hot

lights, while making him put his hand on his head and kneel for hours. )?9 (e said that he

was often interrogated* with a hood on his head# with a rope tied around his neck# that

they sometimes pulled the rope so that it choked him# and that other times they would

slap him and spit in his mouth. )?

In 2ebruary 1?)7, 3baidullah went on a hunger strike to protest dehumani0ing

7ithout Trial' supra note 7, at J.99

Id$ at 9.100

Id .101

Id$ at 1>.102

Id$ at 9.103 I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25 th 6ear7ithout Trial' supra note 7, at 9.104

Id$105

Id$106

Id$107

Id$108

I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25 th 6ear7ithout Trial' supra note 7, at 9.

)+


20/25

cell searches, where S soldiers would take his blankets, sheets, towel, family photos,

mail from his attorneys and Quran. )?+ In response to the hunger strike, he was moved to

solitary confinement. (e was not allowed to have any soap, toothpaste or toothbrush. ))?

-eprivation of personal hygiene materials is a breach of international prison standards

and the application of solitary confinement could constitute torture and mistreatment,

especially if it is used as a punitive measure .)))

After the punitive measure of solitary confinement and deprivation of hygiene

materials was put in place, between Huly )? and 1?, 1?)7, the number of detainees on

hunger strike dropped considerably, from )?J to 9?.))1

"he 6uant Onamo authorities promised detainees that if they stopped their right to peacefully protest, they could return

to communal detention. ))7 -espite this change, the 3bama administration has continued

to oppose lawsuits seeking remedy for human rights violations that are considered

criminal under international laws of torture and enforced disappearance.

nder the $ /ody of 'rinciples for the 'rotection of All 'ersons under Any

2orm of -etention or Imprisonment* detainees are entitled to the assistance of a legal

counsel# they shall be informed of this right promptly after arrest# and shall be provided

with reasonable facilities to exercise this right .)) ntil mid 1?? , 3baidullah was

detained for two years without access to a lawyer .))> Administrative reviews proceedings

in a 4ombatant Status 5eview "ribunal :;4S5"


21/25

:;A5/ to 1??9, to determine whether 3baidullah is an enemy

combatant. ))J (owever, 3baidullah was not given access to a lawyer for that process. ))9

"hese types of proceedings deny detainees an impartial review and are condemned by

international human rights bodies, because it is the military that is carrying out these

proceedings and not a separate, impartial court system .))

In Hune 1?? , the .S. Supreme 4ourt ruled that the 6uant Onamo detainees had

the constitutional right to habeas corpus to challenge the lawfulness of their detention. ))+

(owever, on Hune 1 , 1?)7, the .S. Supreme 4ourt refused to take 3baidullah&s appeal

against the -4 4ircuit 4ourt&s ruling that 3baidullah was lawfully held.)1?

3baidullahalleged that two personal enemies had turned him in falsely .)1) In support of these

allegations, a $avy intelligence officer investigating his case said in a sworn statement in

1?)), individuals who lived in 3baidullah&s village identified two men who were known

for selling false information to Americans .)11

In order to ensure its commitment to international law standards, the .S. must

carry out a detailed review of the inhumane policies implemented in response to the

hunger strike, like force feeding and solitary confinement and provide detainees with

access to full legal representation and medical professionals .)17 "he .S. Authorities had

approved do0ens of 6uantOnamo detainees for transfer many years ago. )1 4ongress

116 Id$

117 Id$

118

I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25th

6ear7ithout Trial' supra note 7, at )7.119

Id$120

Id$121

Id$ at ) .122

Id$123

I Am Fallen Into .arkness! The Case of Obaidullah' +uant4namo .etainee no) in his 25 th 6ear7ithout Trial' supra note 7, at 7) 71.124

Id$ at 71.

1)


22/25

should make it a priority to bring about lawful and safe detainee transfers. )1> -etainees

should be immediately released if they are not charged and tried in federal civilian

courts. )1J International law re!uires that if detainees have been sub ected to torture and

other human rights violations, they must have genuine access to meaningful redress. )19

3baidullah&s daughter, born two days after he was taken into custody, is now ))

years old. )1 (e has never touched or held her and only made contact with her last year,

using a videophone from the 6uant Onamo /ay detention facility .)1+ At 7? years old,

3baidullah has suffered immeasurable pain and continues to. )7? "he 6uant Onamo

detentions are sub ect to human rights law and the I44'5, which provides that indefinitedetention is not permitted under international law and is a violation of Article + of the

I44'5. 3baidullah went on hunger strike, between 2ebruary and Huly 1?)7, to protest

the harrowing conditions of his detention. 3baidullahs predicament is a blatant

representation of the nited States hypocritical policies and shows a definite violation of

Article +. (is predicament illustrates the multiple human rights violations committed by a

country that claims to respect and promote international human rights principles.

(owever, the treatment of detainees at 6uant Onamo /ay, does not further the

nited States goal for control, power and stability. If anything, the mistreatment of these

detainees is a direct threat to the nited States national security. -omestically, the

effects torture has on the nited States is also not without conse!uence. "he individuals

who carried out the atrocities at 6uant Onamo will have trouble assimilating into everyday

125 Id .

126 Id$

127 Id$ at 71.


7ithout Trial' supra note 7, at 1.129

Id$130

Id$

11


23/25

life, post army efforts.

'sychologists who have evaluated survivors of torture at 6uant Onamo reported

severe psychological and physical outcomes like '"S- and other somatic symptoms.

(owever, there are adverse psychological effects on the individuals carrying out the

torture as well.

%hile inside an Ratrocity producing environment, a perpetrator of torture can believe that his or her behavior isnormal, even desirable, behavior re!uired or valued by

peers and supervisors. It may be only later, outside of thatspecific environment, that the torturer may !uestion his orher behavior, and begin to experience psychological

damage resulting from involvement in torture and trauma.In these cases, the resulting psychological symptoms arevery similar to those of victims, including anxiety, intrusivetraumatic memories, and impaired cognitive and socialfunctioning. )7)

3n an international level the effects are likewise negative. Shortly after the Abu 6hraib

photos were released in 1??7, a reporter asked a young Ira!i man why there was a rise in

violence against .S. soldiers. (e said, ;It is a shame for foreigners to put a bag over

their heads, to make a man lie on the ground with your shoe on his neck . . . "his is a

great shame for the whole tribe. It is the duty of that man, and of our tribe, to get revenge

on that soldier to kill that man.< )71 4ounterterrorism discourse has cited to 8etin

/asoglu, a leading scholar on mass trauma, mental health and human rights, where he

stated that torture ;R. . . generates intense hatred and desire for vengeance against the

perpetrators, radicali0ing even ordinary people with no strong political views.< )77

131 8ark A. 4ostan0o F Ellen 6errity, Social Issues and 'olicy 5eview, Bol. 7, $o. ), 1??+, )9+ 1)?

The *ffects and *ffectiveness of 3sing Torture as an Interrogation .evice! 3sing ,esearch to Inform the "olic# .ebate , 7 S 34IAG ' 3GI4L F ' 3GI4L 5 EB . ), )+7 + :1??+=, available athttp*@@www.cgu.edu@pdffiles@[email protected]

Id$ at 1?1.133

Id .

17


24/25

Although, the nited States must engage in efforts to prevent another +@)) from

happening, it should do so while aligning its actions with international human rights laws

so that its efforts are not futile. Biolating international legal norms and laws will only

create further animosity and violence from individuals who were never enemy

combatants to begin with.

"he use of torture damages the reputation of the nited States and creates hostility

towards troops abroad. It places the nited States in the company of regimes it speaks out

against. Syria, for example, similarly uses torture techni!ues on its political prisoners and

thus, the nited States credibility is also undermined when it argues for internationalhuman rights or any moral imperative calling to eradicate the use of brute force in Syria.

"he use of torture hinders the goal for a more peaceful and progressive world. "he use of

torture is not conducive to a safer world or a safer America .)7

4onclusion

"he story explicated at the beginning of this piece is not to bring about a mere

catharsis nor is it shared to garner sympathy for Aisha alone. Aishas story is shared in an

effort to conceptuali0e and empathi0e with atrocities occurring on all scales. "he basic

structure that allows for the facilitation of atrocities remains the same. "hat being the

established order, followed by individuals who are being oppressed, and individuals who

eventually challenge the order. "he power and control structure reacts by tightening its

grip and negative implications inevitably follow suit. "he case studies discussed above

show that human rights violations are not a problem designated to a particular corner of

the world. If an established order abuses its authority and power, activists will respond by

seeking redress and they will voice their ob ections to the respective violations. "hese

134 Id$

1


25/25

activists turn into political prisoners and the atrocities that are subse!uently carried out

against them foster negative conse!uences for the future. "hese individuals go from

wearing invisible shackles to visible ones, further drawing attention to their plight and

struggle.

8uch like Aishas story, the higher authority, being the police, or in the case

studies, the international community, being the nited $ations, provided little redress.

"he enforcement of international laws and basic human rights are thwarted on a daily

basis. (owever, although there is no effective authority to provide accountability for

every wrong action committed by a power and control structure* in a household# at a statelevel# or at an international level, this does not mean that there is no reason to adhere to

the rule of law. "he implications for violating laws protecting human rights are severe.

"hese violations stunt progress and growth and leave no room for humanity to foster a

safe and peaceful environment.

Documents

From Invisible Shackles to Visible Ones