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The Bush Legacy of Rape By Instrumentality


The Guantánamo Testimonials Project was initiated in the Fall of 2005 by The UC Davis Center for the Study of Human Rights in the Americas (CSHRA), in an attempt "to assess the effects of the U.S. war on terror on human rights in the Americas".

In December 2008, Brandon Neely, former U.S. Army Specialist in the 410th military police company, who was honorably discharged, contacted the CSHRA, desiring to testify as to what he'd witnessed and been part of at Guantanamo Bay. The 410th military police company was stationed at Guantanamo Bay when the first GWOT detainees arrived. What follows is a short excerpt from Brandon Neely's testimony:

Did you witness sexual abuse?

The in-processing changed a bit, especially once Delta block was finished. The detainees were still taken off the bus and placed in the holding pin, but instead of walking way to the back of the camp, directly across the holding area was an open spot of the camp where a big tent was put up. And this became the new in-processing area. Now, when they were taken out of the holding area, the escort team would take them to this tent where they would go through the same in-processing, except now there was a doctor who would check their rectum area (we were told the rectal exam was to check for any kind of weapons that could be hidden there; we were told that, in Afghanistan, a grenade had been found in the rectum of a detainee).

So an escorting MP would pull the detainee's pants down and the doctor would instruct the detainee to lean over the table. Then, with a surgical glove on his hand, the doctor shoved his finger in the rectum of the detainee. Both times I witnessed this I never once saw any kind of lubrication used; they did not use the lube that was on the table to perform this. This exam was not done in any gentle manner whatsoever. It seemed to me that the doctor just reached back and shoved his finger as hard as he could in the rectum of the detainee. I witnessed this twice with my own eyes (at this time I was working blocks more). But I heard it talked about many times from other soldiers.

Even when I was not witness to these exams, but was still within earshot of the tent they were performed in, I could hear the detainees scream and cry out during the exam. I even remember one detainee coming out of the tent after this looking like he was in tears. I know through talking with other people who witnessed this that the doctor would make little smart comments before he did the exam like "this won't hurt; it will only take a minute," in a very sarcastic manner. And that sometimes the doctor would even be laughing.

Scott Horton, a New York based attorney, known for his work in emerging markets and international law, although better known for his work in the field of human rights, who authors the "No Comment" section in Harpers Magazine, offered a bit more illumination into acts of sexual degradation inflicted upon humans held under The Colour of Authority Imparted by The American Flag, promulgated top-down as acceptable policy during the administration of G.W. Bush:

...the Nelly account shows that health professionals are right in the thick of the torture and abuse of the prisoners--suggesting a systematic collapse of professional ethics driven by the Pentagon itself. He describes body searches undertaken for no legitimate security purpose, simply to sexually invade and humiliate the prisoners. This was a standardized Bush Administration tactic-the importance of which became apparent to me when I participated in some Capitol Hill negotiations with White House representatives relating to legislation creating criminal law accountability for contractors. The Bush White House vehemently objected to provisions of the law dealing with rape by instrumentality. When House negotiators pressed to know why, they were met first with silence and then an embarrassed acknowledgement that a key part of the Bush program included invasion of the bodies of prisoners in a way that might be deemed rape by instrumentality under existing federal and state criminal statutes. While these techniques have long been known, the role of health care professionals in implementing them is shocking.

Scott Horton, "Former Gitmo Guard Tells All", No Comment-Harpers Magazine, February 15, 2009

"Rape By Instrumentality" - even this legalese term evokes an obscene repugnance, yet still may need more clarification for some:

U.S. Code; Title 18; Part I; Chapter 109A; § 2246:
(2) the term "sexual act" means--
(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;

It is defined even clearer in The California Penal Code Section 289:

(1) "Sexual penetration" is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object.
(2) "Foreign object, substance, instrument, or device" shall include any part of the body, except a sexual organ.
(3) "Unknown object" shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body.

Acts of rape by instrumentality upon detainees cannot be limited to just the perversions of one Military Medical Officer at Guantanamo Bay. General Antonio Taguba, in the findings of his report on prisoner abuses by the 800th Military Police Brigade in Iraq (Abu Ghraib) stated that claims a guard had sodomized "a detainee with a chemical light and perhaps a broom stick" were credible. There have been many reputable reports of detainee rape by instrumentality documented by human rights organisations, and reported by respected journalists.

Damn It! We Are Americans, and this should be intolerable to us. In war's darkness ever falling, it is inevitable that there will be lesser humans who devolve into a bestial nature. This is why our elected leaders must not stray from the high-ground, must never ooze a preponderance of opprobrious pathological turpitude. A nation led by insensate barbarians is a nation of servile savages. Are we free-humans, who will to possess our birthright of liberty, passing it on intact to a larger proportion of humanity in the future, or have we become naught but cud-chewing sheep, docilely awaiting our turn to enter into the abattoir's door? Any who equivocate about our government's policies of inhumanity, give aid and comfort to a demonic enemy that now metastasises within America's soul. They have also become enemies of America from within. This septic pestilence must be excised from the body politic, or it will be fatal.

Right-wing media pundits have attempted to downplay reports of detainee sexual abuses, by claiming they are akin to College fraternity initiations. That has provided a whole new contextual understanding for the adage: Beware of Greeks Bearing Gifts. Given Congressional Republicans' vehement opposition to any proper investigations into detainee abuses, and their vociferous charges that this would be nothing more than a partisan witch hunt, it would be appropriate referencing "rape by instrumentality" using the term it is affectionately called in House Conservative Caucus Committee and Senate Republican Conference meetings: "Compassionate Conservatism", because the only dilemma they perceive from "rape by instrumentality" is whether it is better to give or receive, as they are well aware that a long broomstick, inserted up where the sun don't shine, is the enabling instrumentality provisioning them with the ability to march straight and tall, proudly in unison as contemporary conservatives, into the filthy morass of moral relativism.


9 Comments

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"... come you Masters of War... "

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nice ref. haven't thought about that song in a very long time.

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You know I hear some snippet on cable, oh my god i say.

But Pseudo, somebody has to do this blog. You are absolutely correct. I will also say that I would not like to be a black man, an Hispanic or an Arab at an international airport today. If you are carrying the wrong colored satchel and if you just visited Turkey--a fantastic journey into never never land where I have never been--you could literally be screwed by somebody's hand.

This is disgusting.

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As painful as it is to read, this needs to be read. Thank you, Cy.

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systematic collapse of professional ethics

It took years of complaints and finally a vote of the entire membership before the American Psychological Association finally explicitly rules out torture as unethical for psychologists in these interrogation situations. Which I found to be outrageous on its face!

Your second last paragraph is a tour de force! And should be shouted from the roof-tops!

Kudos on a great blog!

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From what I was able to comprehend about the efforts by the American Psychological Association members to ban its members from participating in inhumane interrogation sessions, was that the majority of APA members were always opposed to this practise, but a minority of members, who wielded procedural organisational power with positions held from their successful venturing into APA politics, were able to delay a full membership vote on the matter.

Never trust any politician farther than you can swing a rope from the old oak tree down on main street. It is the only gesture capable of suppressing their desire to wield illegitimate power.

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How right you are - about all of it!

That APA vote was the most important ballot I have cast: My very identity was at stake. My vote for Obama was of another order entirely: It meant we were still a country where we could vote for president. I was tearful to cast my presidential ballot. I nearly broke down there in the City Hall, voting early. But the vote against torture, wow, that had been a huge battle just to get there!

It seems to me I have never understood the need for a free society till the 8 years of bush. I have never so deeply delved into the meaning of our freedom and what efforts we must make to maintain that - in a form which benefits not only ourselves but all countries and our planet. I'm still working to understand what freedom means and how justice is so crucial to freedom.

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It seems we can never overcome our tendency to more easily dehumanize brown people, i.e. Philipinos (Mori), Japanese (WW II), African-Americans (lynching, etc.), and "terrorists" (anyone with a kaffiyeh). And once that occurs, all else follows easily.

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Physicians for Human Rights issued a report last year called Broken Laws, Broken Lives: Medical Evidence of Torture by the US.

Another must read.

Good blog, PCA. I wish it wasn't rolling off so fast.

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