Showing posts with label Stephen Kelly. Show all posts
Showing posts with label Stephen Kelly. Show all posts

Tuesday, October 23, 2007

Priests Sentenced in Fort Huachuca Torture Protest Case

On October 17, Louis Vitale and Stephen Kelly, two priests arrested for trespassing as they sought to deliver a letter protesting U.S. violations of the Geneva Convention in relation to torture, were sentenced to five months in prison. Fr. Vitale is 75 years old.

On November 19, 2006, Vitale and Kelly had tried to give their protest letter to Major General Barbara Fast, then-commandant of Fort Huachuca Army Base, and previously intelligence chief for the U.S. command in Baghdad during the period the worst abuses took place at Abu Ghraib. Fort Huachuca itself is the site for the U.S. Army Intelligence Center and School. It is alleged that torture techniques are taught at the school. See my article "Torture on Trial in Arizona Desert" for more on the trial and on Ft. Huachuca. Most notable was the judge's refusal in the case to allow any evidence about U.S. use of torture or "the morality or immorality of the government’s use of interrogation techniques..."

According to an article in the Arizona Daily Star:

U.S. Magistrate Héctor C. Estrada said he was reluctantly sending the priests to prison. He said he would have preferred that they do community-service work and remain under court supervision while living in their communities.

But Vitale and Kelly had previously said they would not comply with any kind of court supervision because it would mean giving up their social-justice work.

Additionally, one of the conditions of probation was that Vitale and Kelly not associate with non-violent protest groups, such as School of the Americas Watch. Meanwhile, SOA has published the two priests statement made upon sentencing, reproduced here in full (emphases added):

The real crime here has always been the teaching of torture at Fort Huachuca and the practice of torture around the world. We sought to deliver a letter asking that the teaching of torture be stopped and were arrested. We tried to put the evidence of torture on full and honest display in the courthouse and were denied. We were prepared to put on evidence about the widespread use of torture and human rights abuses committed during interrogations at Abu Ghraib and Guantanamo in Iraq and Afghanistan. This evidence was gathered by the military itself and by governmental and human rights investigations. Because the court will not allow the truth of torture to be a part of our trial, we plead no contest. We are uninterested in a court hearing limited to who was walking where and how many steps it was to the gate. History will judge whether silencing the facts of torture is just or not. Far too many people have died because of our national silence about torture. Far too many of our young people in the military have been permanently damaged after following orders to torture and violate the human rights of other humans. We will keep trying to stop the teaching and practice of torture whether we are sent to jail or out. We have done our part. Now it is up to every woman and man of conscience to do their part to stop the injustice of torture.

One can only deeply admire and appreciate the courage of these two men and their supporters. It is one thing to hold up signs protesting the war in Iraq in relatively safe and liberal San Francisco or Chicago or Boston, it is another to put yourself on the line in bastions of militarism and support for Bush's "war on terror" such as the bleak cacti-strewn sands of the Arizona desert.

The monks in Burma got a lot of press coverage in this country for standing up to the military dictatorship of that benighted land. But in this country, the names Louis Vitale and Stephen Kelly are barely known. The mainstream press will not lionize their courage or publicize their cause. As you go through your day, think of these men standing up for their beliefs, who will not be silent, sitting in prison in America, and if you get a chance, send some support their way. Then think. Think hard. How will I help change things in this country?

Write a note of support to Fr. Kelly and Fr. Vitale. They were taken to a privately run detention center in Florence, Arizona the day of their sentencing. Since it is not currently known where or when they may be transferred, please send individually addressed letters to them c/o The Nuclear Resister, PO Box 43383, Tucson, AZ 85733 and they will be forwarded.

Fr. Kelly and Fr. Vitale ask that every woman and man of conscience do all that they can to protest the injustice of torture and to end U.S. policy that sanctions torture. They encourage people to participate in the protests at Ft. Benning, Georgia and Ft. Huachuca, Arizona on November 17 and 18, or consider having a protest in your community. For more information, visit School of the Americas Watch (protest at Ft. Benning) and Southwest Weekend of Witness (protest at Ft. Huachuca)

Their commissary needs are taken care of but contributions for prison support expenses are welcome. Checks can be made payable to the Nuclear Resister (please put Torture on Trial on the memo line) and mailed to the Nuclear Resister, PO Box 43383, Tucson, AZ 85733. Contributions can also be made online at [their] secure Donations page.

UPDATE: After writing this up, I saw that Jill over at Never In Our Names wrote an excellent piece on the situation, back on October 20. From her diary:

Fort Huachuca has a long history of complicity in U.S. crimes of torture. Here is a brief summary. It was the life and death of a young soldier from Flagstaff, Arizona, that gave them the inspiration and now, the fortitude.

Alyssa Peterson, 27, was a Mormon missionary who wanted to do something good with her life. She was good at languages and thought by joining the military, she could serve humanity. She was trained as an interrogator at Fort Huachuca and sent to northern Iraq. She was assigned as an interrogator to a US air base in Tal Afar.

"After twice in the cages, she became suicidal," Vitale said. "She did end up committing suicide."

Peterson's suicide on Sept. 15, 2003, was not revealed by the military. It was exposed by news reporters using the freedom of information act. This was before the torture atrocities of Abu Ghraib were exposed.

Sunday, September 30, 2007

Torture on Trial in Arizona Desert

[After writing this, I found a wonderful essay on this case by JG over at NION. Please go check it out!]

Blogger Cosmic Debris over at popular new blog Docudharma has written up an important news story concerning two priests, a Franciscan, Fr. Louis Vitale and a Jesuit, Fr. Stephen Kelly, who on October 17, 2007 "will be tried for having trespassed onto the property of Ft. Huachuca on November 19, 2006 as part of a protest against torture training there."

According to the Fort Huachuca website, the military base is...

... a product of the Indian Wars of the 1870s and 1880s. In February 1877, Colonel August B. Kautz, commander of the Department of Arizona, ordered that a camp be established in the Huachuca Mountains....

In 1886, General Nelson A. Miles designated Fort Huachuca as his advance headquarters and forward supply base for the Geronimo campaign.

During World War II, the base trained the 92nd Infantry Division for assignment in the European war.

A new era began in 1954 when control passed to the Chief Signal Officer, who found the area and climate ideal for testing electronic and communications equipment. The importance of the fort in the national defense picture grew steadily from that moment. In 1967, Fort Huachuca became the headquarters of the U.S. Army Strategic Communications Command....

In October 1990, the post changed hands with the U.S. Army Training and Doctrine Command became the new host command; the U.S. Army Intelligence Center and Fort Huachuca now operates the post.

According to Cosmic Debris, the priests were attempting to deliver a letter to Major General Barbara Fast, who is currently the commanding general of the U.S. Army Intelligence Center and School (USAICS) at Ft. Huachuca. Vitale and Kelly were arrested for alleged trespassing, and for disobeying an officer's order. The priests, who have a history of civil disobedience actions, maintain they were not trespassing on base property at the time of their arrest. Vitale is being defended by Loyala University (New Orleans) law professor Bill Quigley, while Kelly is representing himself. C.D. continues:

While serving in Iraq, Fast was the head of intelligence for the U.S. command in Baghdad at the time that the worst abuses took place at Abu Ghraib.

Critics believed she should have been held partly accountable for the abuse. However, she was never charged or officially reprimanded. On 14 November 2006 human rights advocate and attorney Wolfgang Kaleck filed a high profile criminal complaint at the German Federal Attorney General (Generalbundesanwalt) against Donald Rumsfeld and several senior US officials including Barbara Fast for their involvement in alleged human rights violations at the Abu Ghraib prison in Iraq and at the prisoner detention facility at Guantanamo Bay. Kaleck filed the claim on behalf of eleven former prisoners at Abu Ghraib and Guantanamo.[2] However, legal scholars speculated shortly thereafter that the case has little chance of successfully making it through the German court system. [Link]

Government Tries to Limit Defense

According to a June 7, 2007 Sierra Vista Herald story on the case (linked in the Docudharma essay):

Kelly, Vitale and their supporters contend the trespassing and disobeying counts are basically insignificant misdemeanor charges, with them alluding at the time they were taken into custody they were not on post property but which fort officials claim is not true. The priests face a maximum of 10 months confinement if convicted of both charges. Both have served prison terms for other acts of civil disobedience....

Fort Huachuca and the Intelligence Center is the focal point of the priests’ defense because of their allegations of torture being taught on the post.

“We are here to put torture on trial,” Kelly said in the corridor outside the courtroom after the hearing.

Of course, the government is resisting any attempt by the defense to introduce evidence of military conduct:

U.S. Attorney Daniel G. Knauss filed a motion to preclude the two priests and their attorney from introducing evidence by raising “the morality or immorality of the government’s use of interrogation techniques....[emphasis added]

At the website Torture on Trial you can read much more about the case, with links to all legal filings.

On September 5, Magistrate Hector Estrada ruled on the pretrial motions. He denied the defense requests for a jury trial and dismissal of the charges against the two priests. He also denied the government's motion to use Fr. Vitale's prior arrests and convictions as prima facie evidence of trespass. [Valtin note: Estrada earlier turned down a military prosecutor's punitive request to jail the priests until their trial.]

In a significant order that effectively gags the defense, Estrada granted the government's motion in limine to preclude defenses.... [such as] the defenses of duress, justification, necessity, or self-defense; the morality or immorality of the government's use of interrogation techniques, training of soldiers in interrogation techniques; the legality of the wars in Iraq or Afghanistan; any military actions to support interrogations in any foreign countries; the legality of the Military Commission Act of 2006; the defense of international law; or the wisdom of any political question or government policy. [Emphasis added]

As Fr. Vitale says over at the defense webite:

Our effort may just be the first steps in exploring what is happening at Ft. Huachuca, but the larger picture continues to emerge. I feel an ever greater commitment to do what we can to stop what is happening at Ft. Huachuca and wherever we encounter this force of domination and suffering."

We must demand the acquittal of Kelly and Vitale, and the Senate Armed Services Committee should commence post haste with their proposed hearings into the misuse of government and military resources for the use of torture and abusive interrogations by the Pentagon and the CIA.

Appendix added, from JG's NION article referenced at the top of this page, this is the letter Vitale and Kelly tried to deliver to Barbara Fast:

To: Maj. Gen. Barbara Fast --

We are here today as concerned U.S. people, veterans and clergy, to speak with enlisted personnel about the illegality and immorality of torture according to international humanitarian law, including the Geneva Conventions.

We condemn torture as a dehumanization of both prisoners and interrogators, resulting in humiliation, disability and even death. In addition to the hundreds of detainees who have died, we are also concerned about U.S. military personnel. Alyssa Peterson committed suicide after participating in the torture of Iraqi prisoners. Lynndie England and others have been imprisoned for their illegal activities.

We are here today at Ft. Huachuca in solidarity with tens of thousands of people at the Western Hemisphere Institute for Security Cooperation at Ft. Benning, Georgia (formerly known as the School of the Americas) to say that the training of torturers must immediately stop. Nothing justifies the inhumane treatment of our fellow brothers and sisters. Torture by U.S. military personnel has reached alarming proportions and has horrified people around the world.

We are convinced that the Military Commissions Act of 2006 is unconstitutional. We totally reject its conclusions. Torture is a useless and unreliable tool that leads to an accepted practice of terrorization and the rationalization of wrongdoing.

We are here today to repent and clearly state that because of our sense of moral and human decency we condemn torture. NOT IN OUR NAME.

Signed this 19th day of November, 2006 --


Louis Vitale,OFM
Steve Kelly, SJ

Search for Info/News on Torture

Google Custom Search
Add to Google ">View blog reactions

This site can contain copyrighted material, the use of which has not always been specifically authorized by the copyright owner. I am making such material available in my effort to advance understanding of political, human rights, economic, democracy, scientific, and social justice issues, etc. I believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.