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DECLARATION OF THE AMERICAN ASSOCIATION OF JURISTS ON THE SO CALLED
"WAR AGAINST TERRORISM" AND THE TREATMENT OF PRESUMED
TALIBANS AND/OR
AL QAEDA MEMBERS
Using
the emotional effect of 11 September attacks, United States government,
arguing "total war to terrorism" and with the extreme
availability for service of many governments, intimidated with arguments
as "who don't give us help is on the side of the
terrorists", expand considerably its military, political and
repressive control over the planet in coordination with the
strategies of economical expansionism of its biggest transnational
enterprises, many of which have representatives in the highest
spheres of the EE.UU. governmental Administration.
This
is how they have settled in Central Asia, (the unfinished Napoleon
and Hitler's dream) with enormous petroleum and natural gas reserves,
they have sent troops to Philippines, and its Ambassador in Colombia
seems to belong to the government of that country. Recent modifications
of the repressive legislation in many countries, in detriment of
the civil liberties, allows United States to directly intervene
in the repression in other countries on behalf of the "collaboration
in the war against terrorism".
The
Security Council has become a chamber that register, "ex post
facto", the decisions of the United States government, evoking,against
its own former decisions and against all the competent and impartial
jurists, the right to self defense in relation to 11 September attacks
(Resolutions 1368 and 1373). Same steps has followed the meeting
of Foreign Relations Council of the American Continent, as a consultative
organ of TIAR (Res.24/RES.1/01).
Many
governments of Europe, Latin America and Asia have cede important
parcels of national sovereignty of their Estates and a
globalization of the sad but renowned "School of the Americas"
was produced, where all the dictators and more than 60.000 Latin
American army men had an specialization in state terrorism methods.
Ambassador
Francis X. Taylor declaration of 3 January, 2002, (Coordinator of
antiterrorism of the State Department of U.S.A.) are
very illustrative: "NATO
allies have agreed to give United States the broad range of help
we request. This includes unlimited use of aerial space, the installation
of military bases, marine ports, logistics, extraordinary security
measures for United States forces in Europe, interchange of intelligence
information and planes of anticipated alert.
-"The program of help against terrorism (ATA) of the State
Department, by which we train foreign security functionaries and
functionaries for law and order, it is a pillar in this effort.
The program not only gives training but also helps us to promote
our
policies and also improves our contacts with foreign functionaries
so we can reach our antiterrorists goals. Until present we have
trained more than 20.000 functionaries from more than 100 countries.
We hope additional financing for ATA program, after 11 September
attacks, will allow us to speed up this training."
As time
goes on It is more evident that with the pretext of "fighting
against terrorism" the mechanisms to repress social protest
against "silent genocide" are strengthening in all the
world. The victims of this silent genocide are millions and they
are the result of the neo liberal capitalistic globalization. There
is an acceleration of the violation of the guaranties to exercise
the rights consecrated in national legislations, UN Chart, Universal
Declaration of Human Rights and in other international covenants.
Against the opinion of the High Commissioner for Human Rights of
the CICR, some governments and important NGOs, US government has
decided not to apply 1949 Geneva Conventions and its additional
protocols to war prisoners confined in infrahuman conditions in
Guantánamo Base and in other places, arguing they are "illegal
combatants".
United
States government has converted Guantánamo Base, illegally
occupied for one century for the Platt amendment imposed to Cuba
under the threat of its armed forces present in that time in the
Island, in a concentration camp for prisoners of the Afghanistan
war, violating even this amendment that doesn't permit the use of
the base for those ends. Unites States seeks to make the base "a
juridical nobodies land" where US Constitutional guarantees
and international laws on human rights and humanitarian law are
not applicable to war prisoners confined there. With this attitudes,
and also with its opposition to International Criminal Court, US
government reaffirms its imperial condition, by which humanity is
divided between citizens
of the United States with the right to a fair trial and the rest
of the world without any right. United States forget the advertence
of
one of the founders of the country, Thomas Paine: "Anyone who
wants to assure its own liberty must protect even to his enemies
from any oppression, because if he violates its duty will establish
a precedent that will reach himself".
In consequence,
A.A.J. declares:
1.United States government must guarantee, to Taliban war prisoners
and/or war prisoners accused of belonging to Al Qaeda organization,
all rights established in the international covenants of human rights
and humanitarian law and in its own constitution;
2.The International Commission of Human Rights must request United
States consent to make an observation visit "in loco"
to Guantanamo base, with the aim of verifying the situation;
3. nothing justifies the continuity of the bombings over Afghanistan
and so USA should immediate cease them.
4.it is essential that United Nations member states vigorously declare
themselves against the use of the excuse of the "war to
terrorism" United States is evoking to invade or attack by
any mean to other countries.
29 January, 2002.
Beinusz Szmukler
PRESIDENT GENERAL
Vanessa Ramos
SECRETARY
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