A “significant possibility” that you can establish in a hearing before an Immigration Judge that you would be subject to torture if returned to your country (see definition of Torture in the Glossary page). Videos and photographs of the humiliation and powerlessness of those tortured could be used as threats to get other detainees to "cooperate" and could even make informants of some detainees to be released - under threat that their "cooperation" or "humiliation" could be exposed. PAKISTAN . The Military Commission Act of 2006, passed after the destruction of the tapes, forgives past violations of the Geneva conventions by officials involved in the torture program. A bi-monthly magazine on the issue of torture. Trust is exceptionally hard to build in the new society. The asylum officer, in his or her discretion, may place reasonable limits on the number of persons who may be present at the interview and the length of the statement. We all are fearful of danger but we are more fearful of unknown dangers. They sought to prove to the rest of Ukraine and beyond that the industrial Donbas isn't all about coal mines and factories. Those found not to have a reasonable fear of persecution or torture may request that an Immigration Judge review the negative reasonable fear determination. Medieval Torture Wanted to Extract Confessions . Apart from the ability to shadow out the faces, what are the real chances that someone in al-Qaida would see the tape and be able to identify and track down an agent? The Bush administration can and will weather, as they have before, the fallout and finger pointing from this scandal. Yet, orders had been entered in those cases prior to the destruction mandating preservation or release of such information. As we all now know, the CIA has destroyed hundreds of hours of video tapes of the likely 2002 water torture of three men, allegedly involved with al-Qaida, by its agents. CIA head Michael Hayden's explanation is patently absurd: he said that he feared for the safety of the CIA agents involved if al-Qaida saw their identities. At the conclusion of the interview, the officer shall review the summary with the alien and provide the alien with an opportunity to correct errors therein. (f) Removal of aliens with no reasonable fear of persecution or torture. TORTURE: Asian and Global Perspectives. For purposes of the screening determination, the bars to eligibility for withholding of removal under section 241(b)(3)(B) of the Act shall not be considered. The article's assertions resulted from studying "fear conditioning in rats" (521-523), which is ironic considering that rats are Winston's worst fear and an instrument of torture in Orwell's book. (ii) Appeal of the immigration judge's decision whether removal must be withheld or deferred lies with the Board of Immigration Appeals. Unlike the Abu Ghraib prison photos, these tapes were apparently only in the possession of the CIA. It is likely the tapes, or some version of them, were to be used as a threat against those who were waterboarded and others whom the CIA or US officials wanted to interrogate. The earliest legal memos from the Bush administration, as long ago as January 2002, were explicit on this issue and advised not applying the Geneva conventions as a means of avoiding prosecutions that could follow from their violation. Ashqar, who was born in the West Bank and came to the U.S. in 1989 on a temporary visa to study at the University of Mississippi, has a credible fear of torture at the hands of Israel, Taurel said. Citing Fear Of Torture, Obama’s Second Cousin Seeks Asylum In US. or as informal punishment for assumed support of illegal organizations. A. No appeal shall lie from the immigration judge's decision. In the end for the CIA and the administration the destruction of the tapes, despite the fallout, was better then the alternative of the potential criminal prosecution of both CIA and high level executive officials. Aliens subject to expedited removal are not entitled to an immigration hearing or further review unless they are able to establish a credible fear of persecution or torture. The alien may be represented by counsel or an accredited representative at the interview, at no expense to the Government, and may present evidence, if available, relevant to the possibility of persecution or torture. Rivas-Peña v. Sessions - "Pedro Rivas-Pena has been a lawful permanent resident of the United States and is a citizen of Mexico. Another explanation for the destruction might be the anger the footage could engender in the Muslim world if they were revealed publicly. It's also about unique culture and identity. USCIS has exclusive jurisdiction to make reasonable fear determinations, and EOIR has exclusive jurisdiction to review such determinations. Subpart B - Credible Fear of Persecution § 208.31 Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act. Unfortunately, we will never know what these tapes show. The fear of prosecution best explains the destruction of the tapes. Would the CIA or the Bush administration take the huge risk of making such videos when the tapes could lead so directly to a prosecution? CA7 on CAT, Mexico, Fear of Torture by Zetas: Rivas-Peña v. Sessions. If the asylum officer determines that the alien has not established a reasonable fear of persecution or torture, the asylum officer shall inform the alien in writing of the decision and shall inquire whether the alien wishes to have an immigration judge review the negative decision, using the Record of Negative Reasonable Fear Finding and Request for Review by Immigration Judge, on which the alien must indicate whether he or she desires such review. If one is being unlawful and disobedient, you are required by law to report them. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture) specifically prohibits … § 208.31 Reasonable fear of persecution or torture determinations involving aliens ordered removed under section 238(b) of the Act and aliens whose removal is reinstated under section 241(a)(5) of the Act. illegal organizations, to intimidate detainees into becoming police informers. (b) Initiation of reasonable fear determination process. Upon issuance of a Final Administrative Removal Order under § 238.1 of this chapter, or notice under § 241.8(b) of this chapter that an alien is subject to removal, an alien described in paragraph (a) of this section shall be referred to an asylum officer for a reasonable fear determination. Ten years on, time and distance have not healed the damage that comes from torture. Ashqar says he was imprisoned and beaten by Israeli interrogators in the … Electronic Code of Federal Regulations (e-CFR), CHAPTER I - DEPARTMENT OF HOMELAND SECURITY, PART 208 - PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL. The asylum officer's negative decision regarding reasonable fear shall be subject to review by an immigration judge upon the alien's request. What is clear is that George wants to be zero times removed from the U.S. They would have been vivid and compelling example of the violation of laws against torture - … Ulpian‘s ―mala mansio‖ provides some insight into Roman thinking about the treatment of those accused of serious crimes. Aliens who are present in the U.S., and who have not been admitted, are treated as applicants for admission. The fear it generates is very immense and it deals a torture. (d) Authority. What Is a Credible Fear of Torture? But with the onset of war, Isolation was seized by Russian proxy forces. (2) If the immigration judge finds that the alien has a reasonable fear of persecution or torture, the alien may submit an Application for Asylum and for Withholding of Removal. The Air Force has special program to train pilots to resist psychological torture. The accounts depicted the object of torture as a hero as opposed to a criminal. The alien shall be determined to have a reasonable fear of persecution or torture if the alien establishes a reasonable possibility that he or she would be persecuted on account of his or her race, religion, nationality, membership in a particular social group or political opinion, or a reasonable possibility that he or she would be tortured in the country of removal. The asylum officer shall create a summary of the material facts as stated by the applicant. Initiation of reasonable fear determination process. This fear of prosecution for torture is the best explanation as to why these tapes were destroyed. An alien will be found to have a credible fear of torture if the alien shows that there is a significant possibility that he or she is eligible for withholding of removal or deferral of removal under the Convention Against Torture, pursuant to 8 CFR 208.16 or 208.17. § 208.31 Reasonable fear of persecution or torture. In the absence of exceptional circumstances, this determination will be conducted within 10 days of the referral. The Eye is a very effective mechanism of fear as it strips women from their individuality and eventually causes them to stop thinking. The interpreter may not be a representative or employee of the applicant's country or nationality, or if the applicant is stateless, the applicant's country of last habitual residence. During slavery, white male plantation owners, their sons, brothers and other male acquaintances raped Black women without fear of punishment. Save this story for later. At the time of the interview, the asylum officer shall determine that the alien has an understanding of the reasonable fear determination process. If the alien or DHS appeals the immigration judge's decision, the Board shall review only the immigration judge's decision regarding the alien's eligibility for withholding or deferral of removal under 8 CFR 1208.16. Knowledge of the methods of torture used within ritual abuse and trauma-based mind control provides a basis for recognition of related trauma disorders. Appeal of the immigration judge's decision shall lie to the Board of Immigration Appeals. Although the CIA has not acknowledged that the videos are of water torture - often known euphemistically as "waterboarding" - a former CIA agent, John Kiriakou, has said that the waterboarding was authorised from the highest levels of the Bush administration. Called SERE, it stands for Survival, Evasion, Resistance and Escape. The asylum officer shall create a written record of his or her determination, including a summary of the material facts as stated by the applicant, any additional facts relied on by the officers, and the officer's determination of whether, in light of such facts, the alien has established a reasonable fear of persecution or torture. pressurized ice - cold water, hanging by the arms or wrists bound behind the. There is another, more plausible, explanation. There is no actual name for the fear of torture, but the fear of pain is called agliophobia. Ukrainian creative community back in 2010 decided to turn an abandoned factory on the outskirts of Donetsk into a contemporary art Mecca. Those who are found to have a reasonable fear of persecution or torture are then given an opportunity to seek withholding of removal or deferral of removal before an Immigration Judge. This was to induce psychological fear in the observer, and could result in a confession without actually needing to use the device on the person himself. (c) Interview and procedure. The tape destroyers and their superiors had to be very worried to run this risk. The tapes may also have much higher level officials observing the water torture then we now realize. However, the chances for public revelation were slim. ALGERIA . If the alien requests such review, the asylum officer shall serve him or her with a Notice of Referral to Immigration Judge. This section shall apply to any alien ordered removed under section 238(b) of the Act or whose deportation, exclusion, or removal order is reinstated under section 241(a)(5) of the Act who, in the course of the administrative removal or reinstatement process, expresses a fear of returning to the country of removal. So we have Congress, and not just the Bush administration, attempting to absolve clear violations of law. Now, those responsible for the destruction are facing contempt of court and possibly other sanctions. The fear of torture is often worse than the actual torture. Asylum officers conducting screening determinations under this section shall have the authority described in § 208.9(c). In the absence of exceptional circumstances, such review shall be conducted by the immigration judge within 10 days of the filing of the Notice of Referral to Immigration Judge with the immigration court. Your support powers our independent journalism, Available for everyone, funded by readers. Torture includes such practices as searing with hot irons, burning atthe stake, electric shock treatment to the genitals, cutting out partsof the body, e In addition, torture became a source of conflict between the sovereign and the people. Hayden tries to claim otherwise, saying they were not relevant to "any internal, legislative, or judicial inquires." Some forms of torture (such as beatings, amputation, rape and burns) harm the body and cause lasting scars. Upon review of the asylum officer's negative reasonable fear determination: (1) If the immigration judge concurs with the asylum officer's determination that the alien does not have a reasonable fear of persecution or torture, the case shall be returned to DHS for removal of the alien. The McCain amendment builds into its prohibition on cruel, inhuman, and degrading treatment a defense for authorized interrogation practices and those that relied upon "the advice of counsel." (g) Review by immigration judge. He faces removal to Mexico because of a state drug trafficking conviction. A few congressional inquiries and some internal investigations from Congress, possibly a scalp or two of a mid-level official, and that may well be the end of the matter. The fear it generates is very immense and it deals a torture. Depending on our upbringing, we have different tolerance for pain and suffering. After 1995, the sweeping definition of changes from 'any act by which severe pain or suffering, whether mental or physical, is intentionally inflicted on a person' to including the terms psychological torture and including examples such as, interrogation techniques range from sleep deprivation, solitary confinement, fear, and humiliation to severe sexual and cultural humiliation and use of threats and phobias to induce fear … The asylum officer shall conduct the interview in a non-adversarial manner, separate and apart from the general public. PUBLIC AI Index: MDE 13/047/2008 12 March 2008 UA 68/08 Fear of torture IRAN Ebrahim Mehrnahad (m), aged 16 Fazlorahman Jahras (m), aged about 16 Abdollah Salarzahi, (m), leading member, Voice of Justice Young People's Society (VJYPS) The ―heroic‖ person must fear the threat. Osman Aliman, an ethnic Uighur activist from the Xinjiang Uighur Autonomous Region (XUAR) of China, is being detained incommunicado by security forces in the Pakistani city of Rawalpindi. Nacer Hamani (m), aged 36 . UA 273/01 Fear of « disappearance » / Fear of torture 25 October 2001 . Fear and Torture. If the alien is unable to proceed effectively in English, and if the asylum officer is unable to proceed competently in a language chosen by the alien, the asylum officer shall arrange for the assistance of an interpreter in conducting the interview. Calais: Eritrean refugees tell of torture and fear. If one is being unlawful and disobedient, you are required by law to report them. Hayden says it did so to insure that the CIA proceeded "in accord with established legal and policy guidelines." The human mind is a fabulous machine. UA 83/07 Fear of torture ZIMBABWE Edward Dzeka (m) ] local organisers, General Agriculture Joyce Musoni (f) ] and Plantations Workers' Union Trade unionists Edward Dzeka and Joyce Muwoni have gone into hiding, after threatening phone calls from the police, who want them to come in for questioning about "illegal" trade union activities. Torture methods include being stripped naked and blindfolded, hosing with. Fire is enough to make any person or creature panic, and rat torture capitalized on this fear. It is doubtful that anyone would question that waterboarding was torture if the tapes were seen. For more blogs in the Liberty and the state series, click here. Individuals subjected to these forms of torture may experience intense fear, phobic reactions, or physiological symptoms in response to associated stimuli. That explanation lets the CIA and the Bush administration off the hook much too easily and ignores evidence that fear of prosecution was likely critical in the destruction decision. One of the main goals of torture was to extract a confession. If they were just done to insure compliance with guidelines, why not destroy them a short time later? Torture is often used by authoritarian regimes as a means of maintaining control and suppressing dissent. (a) Jurisdiction. The two are often used in conjunction with one another and often overlap in practice, with the … If an asylum officer determines that an alien described in this section has a reasonable fear of persecution or torture, the officer shall so inform the alien and issue a Form I-863, Notice of Referral to the Immigration Judge, for full consideration of the request for withholding of removal only. Psychological torture or mental torture is a type of torture that relies primarily on psychological effects, and only secondarily on any physical harm inflicted. Discredited Danish report on Eritrea human rights leaves refugees stranded on European route. torture or a fear of return to their home country. The Eye is a very effective mechanism of fear as it strips women from their individuality and eventually causes them to stop thinking. Torture was supposed to be a manifestation of the power of the sovereign on the body; it was designed to make the people fear … Former US secretary of defence Donald Rumsfeld was involved in the torture of Guantanamo detainee Mohamed al-Qahtani, and was likely involved in others. His whereabouts are now unknown, and he is at grave risk of torture. So why, if there was such a fear of prosecution by officials, did they video hundreds of hours of these interrogations in the first place? Most of the official focus seems to be on who made the decision to approve the destruction and not on the underlying issue: the fact that the Bush administration, with the apparent consent of some of the congressional leadership, sanctioned torture. Now we are seeing the usual Washington scrambling and casting of blame after another serious revelation of torture. Arbitrary detention / Fear of torture - ETH 001 / 1006 / OBS 125 The Observatory has been informed by reliable sources of the arrest of Ms. Yalemzewd Bekele, a lawyer working for the European Commission Delegation in Addis Ababa, and a volunteer for the Ethiopian Women Lawyers' Association (EWLA), who has been involved in © 2021 Guardian News & Media Limited or its affiliated companies. The fear of torture, in other words, was not that which was felt by the faint-hearted or even the average person. This seems farfetched. All rights reserved. This outcome is more or less assured - in part because of Congressional involvement in tacitly approving the techniques and possibly the destruction itself - because the best evidence no longer exists. About seven out of 10 refugees in Australia have been tortured or gone through some kind of war-related trauma. (e) Referral to Immigration Judge. Fri 14 Dec 2007 14.30 EST Although not all psychological torture involves the use of physical violence, there is a continuum between psychological torture and physical torture. (i) The immigration judge shall consider only the alien's application for withholding of removal under 8 CFR 1208.16 and shall determine whether the alien's removal to the country of removal must be withheld or deferred. Fear of forcible return/ Fear of torture or ill-treatment/ Incommunicado detention. This fear of prosecution for torture is the best explanation as to why these tapes were destroyed. Nacer Hamani was deported to Algeria from France on 16 October and arrested on arrival. Sexual Assault and Abuse. Laws in most European countries make such violations of the convention against torture a universal crime, prosecutable no matter where the torture occurred or where the torturer resides. It was formed after American soldiers were imprisoned and brainwashed during the Korean War. Our policy is against any form of torture and creates a common platform to everyone in Asia and around the globe, to come forward to speak out against torture. The record of determination, including copies of the Notice of Referral to Immigration Judge, the asylum officer's notes, the summary of the material facts, and other materials upon which the determination was based shall be provided to the immigration judge with the negative determination. Removal of aliens with no reasonable fear of persecution or torture. Trust is exceptionally hard to build in the new society. Such cases shall be adjudicated by the immigration judge in accordance with the provisions of § 208.16. The alien's representative may present a statement at the end of the interview. First published on Fri 14 Dec 2007 14.30 EST. They would have been vivid and compelling example of the violation of laws against torture - laws that in the US carry a life sentence or the death penalty if the victim is killed. If the alien refuses to make an indication, DHS shall consider such a response as a decision to decline review. This explanation also makes sense considering the risk that arguably was taken by destroying the tapes: they were relevant to a number of proceedings including the Guantanamo federal cases, criminal trials, the 9/11 commission and a federal freedom of information act case. Save this story for later. Osman Aliman (m), businessman, aged 33. The front page scandal we are dealing with is about the destruction of the tapes and not the criminal conduct that underlies them. This also explains why it took so long to destroy the tapes. After being placed on the victim's stomach, rat torturers covered the rodent with a pot and then applied heat. This endorsement was criminal under both US law and international law - and that opens high level administration officials to prosecution, whether in the US or abroad.
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