Wednesday, March 01, 2006

I Guess I was Tortured In High School and College

Maybe John McCain did the nation a favor after all. We now have the first court case invoking his anti-torture law and the "torture" that's being challenged is force feeding.

Mohammad Bawazir, a Yemeni detainee who was the subject of Friday's filing in U.S. District Court in Washington, told his lawyers he began his hunger strike in August and was determined to die in Cuba but stopped resisting the force-feeding last year when he decided it was futile. Bawazir's attorneys said he had been allowing the feedings -- through a tube that was left in at all times -- but the tactics changed dramatically on Jan. 11, when the military strapped Bawazir to a chair and forced a much larger tube into his nose and down his throat, causing him "unbearable pain."

Richard G. Murphy Jr., a Washington lawyer representing Bawazir, said yesterday that military officials "argue it's a life-saving mechanism, but they were already engaged in saving his life, without resistance."

The court filing asks for an injunction to stop the treatment, and Judge Gladys Kessler has scheduled a hearing for tomorrow.

A Justice Department spokesman declined to comment yesterday because the government has yet to file its response. Navy Lt. Cmdr. J.D. Gordon, a Pentagon spokesman, said Defense Department officials "believe that preservation of life through lawful, clinically appropriate means is a responsible and prudent measure for the safety and well-being of detainees."

Army Gen. Bantz J. Craddock, who leads the U.S. Southern Command, told reporters last week that the new techniques were designed to end the strike, but defended strapping detainees to the padded chair. He said detainees had devised a way to siphon the food out of their stomachs after they had returned to their cells, using the feeding tubes left inside them.

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