Sahar Yasiri continues to give answers to the questions about McCain Amendment, CIA’s prisoners, the decisions of Bush Administration on prohibited interrogation techniques and the arrest of young children in Iraq.” This is the second part of long interview translated by AMSI English Web Team.

MCCAIN AMENDMENT 

Q - What is the story of the "McCain Amendment" which prohibits any violation by any American official?  

Yasiri: In December 2005, despite objections from the Bush administration, Congress enacted "law of the treatment of detainees". This contains the "McCain Amendment" which prohibits the use of cruel, inhuman or degrading treatment by any American official working anywhere in the world.  

In June 2006, the Supreme Court ruled in the case of Hamdan to Rumsfeld the need for the American government treatment of al-Qaeda detainees to be treated humanely and in accordance with the provisions of Common Article III among the Geneva Conventions.  

Then Ministry of Defence ordered the army to ensure the commitment of these standards in all practices, and announced the new rules rejects many of the interrogation methods involving the violation, such as "water immersion," painful stress positions, sleep deprivation or exposure to cold for long periods.  

However, the Bush administration has proposed, at the same time, the enactment of the latest standards to use humane treatment contained in Article III common to the Geneva Conventions to allow the CIA to continue using interrogation methods involving the violation, which is currently banned by the U.S. Department of Defense.

However US Congress rejected the last proposal of the administration, but the results of that were mixed.  

In military courts of law in 2006, Congress has kept most of the law of war crimes in 1996, which provides for prosecution of a criminal trial investigators on torture and "cruel and inhuman treatment" (known as conduct causing pain or suffering severe physical or mental ). 

However, the law limits the scope of the crimes that require judicial proceedings under the law of war crimes, which increases the level allowed to inflict physical pain or suffering severe, which prevents the prosecution investigators for the violation of prolonged psychological-which occurred before the new law.  
 
Q- What about the CIA's prisoners?

 
 
Yasiri: It should be noted that despite the allegation of the American authorities that the detainees held by the Central Intelligence Agency treated in accordance with the law, has taken strong action to ensure non-disclosure of details of this transaction.  

It is forbidden for the government to date contact lawyers Majid Khan, one of the fourteen detainees, who were transferred to Guantanamo last year; claiming that his detention in the past when the Central Intelligence probably led "to obtain confidential information, such as places of detention and conditions and alternative methods of interrogation." 

Similarly, the law courts martial in 2006, the rules of evidence and procedures thereto number of texts aimed at the non-disclosure of "methods and activities" of the Central Intelligence Agency, the methods and activities known to include "disappearances", torture and other violations.

  
 
EVENTS  

Q - What do you assess the suffering of young children in the American prisoners in Iraq?

  
 
Yasiri: These children suffer from torture, rape, starvation and the illegality of detention that affected them; they do not know why they were arrested?  

Their random arrests are based on the government directives and sectarian parties scattered throughout the provinces of the country, without any legal justification or any legal guarantees to ensure a detainee has the right to defend itself and the enjoyment of rights guaranteed by the Iraqi legislation and international human rights principles, and without stimulating the competent courts.  

Many of them did not have the judge before months ago.  

There are serious human rights in particular for children, juveniles who are in difficult situation. We stress that the arrests which are now taking place in the past were not based on any legal text, but the desire and the decision of the occupation forces, the puppet government and the heads of political blocs.  

End