ENDING MEDICAL

COMPLICITY IN

TORTURE:

A LEGISLATIVE

CAMPAIGN TOOLKIT

i

I. INTRODUCTION......................................................................................................................1

A. Who We Are.........................................................................................................................1

B. Our Purpose .........................................................................................................................2

C. Our Strategy .........................................................................................................................2

II. CAMPAIGN START-UP............................................................................................................2

A. Creating an Organizational Structure...................................................................................2

B. Coordination and Strategic Planning ...................................................................................4

C. Budgeting Campaign Expenses ...........................................................................................5

D. Continuing Coordination .....................................................................................................5

III. INTERNAL COMMUNICATIONS & PUBLIC OUTREACH .................................................6

A. Study the Issue .....................................................................................................................6

B. Develop an Internal Communications Plan .........................................................................6

C. Organize a Petition Drive.....................................................................................................8

D. Solicit Letters of Support from Organizations.....................................................................8

IV. LEGISLATIVE TEAM .............................................................................................................10

A. Resolution or Law – Which Is Best for Your Campaign? .................................................10

B. Writing the Legislation ......................................................................................................10

C. Identifying a Legislative Sponsor .....................................................................................11

D. Getting your Legislation through the Legislature – How it Works....................................12

E. Organizing a Legislative Hearing ......................................................................................13

V. MEDIA STRATEGY.................................................................................................................14

A. Develop a Media Outreach List .........................................................................................14

B. Develop a Campaign Title, Media Message, and Materials ..............................................14

C. Coordinate a Media Plan with the Legislative Sponsor’s Media Staff,

for When the Legislation Passes ........................................................................................14

D. How to Work with the Press ..............................................................................................14

E. Build Relations With Your Local Journalists and Newspaper Editors...............................14

F. Write Letters to the Editor .................................................................................................15

G. Write Op-Ed Pieces............................................................................................................15

H. Media Resources................................................................................................................16

VI. VOLUNTEERS........................................................................................................................16

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Appendix A: Resources................................................................................................... A-1

A. Books ........................................................................................................................ A-1

B. Articles...................................................................................................................... A-1

C. Websites .................................................................................................................... A-1

D. Organizers’ toolkits ................................................................................................... A-2

Appendix B: Sample Documents.....................................................................................B-1

• Background Document: “Turning to the Dark Side”.................................................B-2

• Text of Resolution (SJR 19) ......................................................................................B-3

• Legislative Fact Sheet................................................................................................B-4

• A Chronology of Medical Complicity in Torture in the United States......................B-5

• Outreach Pamphlet: “What Would Dr. King Do?”...................................................B-6

• Organizational Support Letter to Legislators.............................................................B-7

• Individual Support Letter to Legislators ....................................................................B-8

• Email letter to Enroll Petition Signatures ..................................................................B-9

• Petition Form (English)............................................................................................B-10

• Petition Form (Spanish) ...........................................................................................B-11

• Email Asking Listserv to Contact Legislators .........................................................B-12

• Legislative Member Info Spreadsheet .....................................................................B-13

• Sample web page .....................................................................................................B-14

• Answer Sheet – 10 Questions .................................................................................B-15

1

In August 2008, California became the first state in the nation to take an official position

against the United States’ use of torture in the war on terror by passing Senate Joint Resolution

19: Health Professionals and Torture. Over 18 months, medical professional organizations,

faith communities, human rights and social justice organizations, along with ordinary

Californians, united to move this resolution through the state legislature.

When we began questioning the treatment of “detainees” in the war on terror—when we

challenged the United States official story denying torture—it was highly unpopular and risky.

In general, public officials and the press remained silent on this issue. Americans seemed afraid

to express their fears out loud. We are indebted to those who had the courage to act.

We thank California State Senator Mark Ridley-Thomas and the California legislators who

co-sponsored this resolution.

We thank our partners, Physicians for Social Responsibility–Los Angeles, Program for

Torture Victims, and Jonathan Parfrey, our friend and ally. (A conversation with Jonathan over

coffee was the catalyst for this initiative.)

Congratulations to the Los Angeles Area Program Committee of the American Friends

Service Committee, AFSC volunteers, Los Angeles and regional AFSC staff, the Quaker

Initiative to End Torture (QUIT) and six AFSC interns, without whom this legislation would

never have passed.

Thank you to health professionals—physicians, psychologists, MFCC’s, nurses, and

technicians—who refuse to betray their professional code to “first do no harm,” and who fight on

to uphold the integrity of their professions.

Thank you to Americans who will not sacrifice their principles to fear.

We believe that democracy works from the ground up. Change actually springs forth from

ordinary Americans who raise an issue, organize their communities, and generate the pressure

for change, up through the various levels of government.

So the passage of SJRJ 19 in California is the way we chose to begin to build pressure for

change—on a state by state basis. If you would like to initiate a campaign in your state, than we

have created this toolkit to support you. Simple guidelines will help your team pass similar

legislation.

One by one, state by state, we change the way people think about torture. We can restore the

cornerstone of U.S. laws and the values that underlie them. Most importantly, we can protect the

humanity of people who could be the victims of U.S. torture and the souls of those who could

become complicit in it.

2

The purpose of the campaign is to build a national bipartisan consensus, from the grassroots

upward, to end immoral, unethical, and illegal treatment of persons in U.S. custody—in the name

of the “War on Terror.” By enrolling local grassroots support and passing legislation at the state

level, civil society:

• Exposes illegal interrogation practices and the failure of on-site health professionals

to prevent it;

• Protects state-licensed health professionals from compromising their ethics and

breaking international law;

• Provides the opportunity to dispel myths and misinformation about torture;

• Highlights the moral contradiction between torture and American ideals;

• Calls attention to the humanity of “detainees” and “enemy combatants,” as well as the

cost to U.S. personnel involved in torture; and

• Generates pressure on Congress for corrective legislation.

• Local control – State medical boards govern the licensing of health professionals.

• Local interests – Would you want your doctor or psychologist or nurse to have a

history of torture, falsifying health records, or failing to report abuse?

• Local allies – Local medical schools, psychology departments, law schools, human

rights organizations, torture treatment organizations, and faith communities are all

potential allies.

• Local relationships – Local action strengthens our long-term organizational

alliances, legislative relationships, and volunteer base.

2. Action on the state level offers measurable results in a limited time frame. At the

end of a successful campaign, participants can say, “We worked hard, and as a result we

have a state resolution (or law) against torture.”

3. Action on the state level is cost-effective. State action can be achieved with limited

resources (time, volunteers, and budget).

1. Establish a “coordinating team.” Don't go it alone! State actions are doable for small,

dedicated grassroots communities who develop strong partnerships. Coalition partners

can offer a diversity of resources, constituents, and outlooks. Working with a team can

also bring the issue to the attention of many different interest groups.

3

This group of individuals and organizations will take on the major responsibilities of the

campaign, and will provide leadership and coordination for the long haul. They should

bring a variety of skills, resources, and assets to the project.

• Coordination and Strategic Planning – (See Section II.B.)

• Budget and Fundraising – (See Section II.C.)

• Internal Communications and Public Outreach – (See Section III.)

• Legislation and Legislative Process – (See Section IV.)

• Media Strategy – (See Section V.)

• Volunteers – (See Section VI.)

If it seems like a lot of work, our suggestion is: keep it simple! It all needs to get done,

but work within your resources, and set goals that stretch you but are doable!

• Who can multiply your outreach?

• Who can help fund the project?

• Who has lobbying experience?

• Who has volunteer support?

• Who has the time to implement the plan?

b. Look for different perspectives: The diversity of our campaign’s partners allowed

us to approach the issue of torture from three angles:

• Spiritual/moral

• Medical

• Human rights

c. Look for allies who can bring something new to your campaign. You want allies

who share your ideas and enthusiasm, and have some time to help you get there – but you

also want folks who can contribute to the campaign in ways that you can’t. Think about

your own strengths and what you bring to the table. What other key skills do you need to

be successful?

d. Look for a diverse support base. Even though each group opposes torture for

different reasons, the goals are complementary. Illuminating the horrors of torture from

multiple angles makes for a stronger argument. Each cosponsor has different networking

abilities, and can pull in supporting organizations that a one-dimensional approach to the

issue would be unable to attract.

e. Reach out to groups with a broad base. It's good to look for allies who, like you,

are immediately and personally impacted by the problem in your community—but you’ll

also want to reach out to state and national groups who work on these issues. Their

4

experience and resources can be immensely helpful. Try to recruit organizations that will

lend weight (and a name) to your campaign; if that's not an option, then ask if they'd be

willing to advise you. Examples include:

• Moral/spiritual organizations

• Medical organizations

• Human rights organizations

• Legal organizations

4. Recruiting team members: Once you've identified potential allies (both organizations

and individuals), the next step is to recruit them! As you build your team, think about

how each group will contribute (their unique strengths) so that you end up with a team

whose members are not in competition with one another, but who actually complement

one another and unify as a strong coalition.

Be sure to let potential team members know how they can benefit. When you prepare

to approach an organization, think about how participation will benefit that group—

reasons why it is in their interest to be involved, such as: the opportunity to gain new

members and galvanize their current membership by participating in your campaign; the

long-term benefits of forging new alliances with other team members; and the

opportunity to gain credibility by working with "strange bedfellows" (i.e. unions and

business leaders; Democrats and Republicans; etc.).

Go to http://www.ltcchampions.org/organizing.htm for hints on recruiting team members.

• Develop a strategic plan, timelines, and budget

• Draft responsibilities for each project team and team member

• Coordinate the work of the project teams

• Work with project teams to develop print materials

• Give final approval on all publications

• Identify a legislative sponsor

• Raise funds and manage the budget

• Troubleshoot

In making your agreement to work together, talk through:

• Each group’s strengths, resources, and expertise

• What each group can be counted on to contribute

• Who will be accountable for which parts of the plan

5

a. Call an organizing meeting. Meetings may seem stressful, but with a little planning

and organization, they’re a great tool for achieving your goals. Go to

http://www.ltcchampions.org/organizing.htm for some tips on hosting a great meeting.

b. Discuss your goals for the project and for each work area. Focus on goals at this

point, not particular actions to be taken. Actions will be planned later, after the group’s

goals have been defined and accepted by all team members.

Goals should be SMART:

• Specific

• Measurable

• Attainable

• Relevant and Realistic

• Time-Oriented

Once goals are set, decide who will take responsibility for each work area. Organize

project teams, remembering that even two people can be a team! Define each team

member’s role within the group.

C. Budgeting Campaign Expenses: The following are bottom-line expenses (i.e., you will

need to include these in any budget):

• Program Expense:

o Office supplies

o Phone

o Copies and faxes

o Postage

o Munchies for meetings

• Travel:

o Travel expense to state capital (at least 3 trips)

o Travel expenses for the experts appearing at the legislative hearing

1. Create action plans. The coordinating team is responsible for creating an action plan

and ensuring that it is implemented. The group (or appropriate subgroups) should

coordinate brainstorming sessions to develop action plans for achieving each goal.

Working in subgroups brings a stronger focus to particular goal areas, and encourages

members to take ownership of the project. It also helps members identify specific

opportunities for involvement, and provides a reality check about the group’s resources

and capabilities.

Completed action plans should include a list of specific tasks, a timeline for their

completion, and a list of needed resources and responsible persons.

6

2. Take action. Be sure to refer back to your original plan on a regular basis to see if you

are staying on course with your goals and action plan. Make sure things are getting done,

and adjust as necessary. Don’t over-plan, and don’t try to be perfect.

3. Communicate and update. Be sure the teams and team members responsible for

different parts of the action plan are communicating regularly so that they don’t duplicate

efforts or work without needed information. The whole group (or at least team leaders)

should hold meetings regularly, as often as needed and convenient, to maintain

coherence, communication, and accountability.

4. Keep minutes of your meetings.

5. Schedule regular (at least monthly) coordinating meetings.

1. Learn about the issue—do your homework. Read up on torture and the issue of

medical complicity. See Appendix A for books, major articles, videos, and websites that

will provide facts on torture, as well as excellent background materials and breaking

news about U.S. torture and the campaigns to end it.

2. Research recent federal laws and actions supporting all or part of your resolution.

There are presently several bills in Congress addressing some of the areas we included –

torture in general, cruel and inhumane treatment, etc. Reading the bills will help

familiarize you with language needed in your own bill or resolution, and how that

language can be used. It also lets you know which members of Congress might serve as

examples or contacts for future support. For information on federal legislation, go to

http://www.thomas.loc.gov (at the Library of Congress).

You will need to create the following print documents:

• Background Document (coordination and media teams)

• Legislation (legislative team)

• Legislative Fact Sheet (legislative team)

• Public Flyer / Public Fact sheet / Brochure (media team)

• Outreach Correspondence (outreach and media teams)

• Petition (legislative and media teams)

See Appendix B for sample documents:

• Background Document: “Turning to the Dark Side”

• Text of Resolution (SJR 19)

• Legislative Fact Sheet

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• A Chronology of Medical Complicity in Torture in the United States

• Outreach Pamphlet: “What Would Dr. King Do?”

• Organizational Support Letter to Legislators

• Individual Support Letter to Legislators

• Email letter to Enroll Petition Signatures

• Petition Form (English)

• Petition Form (Spanish)

• Email Asking Listserv to Contact Legislators

• Legislative Member Info Spreadsheet

• Sample Web Page

• Answer Sheet – 10 Questions

2. Set up a listserv for the campaign. Listservs are useful for groups over 25 people. (For

less than that, it may be easier to send out group emails.) Listservs let you use a single

address to reach the whole group. They also let people subscribe and unsubscribe on

their own. They can be set up to allow all members to send emails, or to allow just one

member to send emails. Build from your pre-existing list, petition signatures and

attendance at events. Don't be scared by the techie-sounding name—listservs are easy to

set up, and they’re free. Yahoo has a free service to help you set up a listserv at

http://groups.yahoo.com, or try http://www.greatcircle.com/majordomo.

3. Send out news, campaign updates every couple of weeks. Do not burden people with

unnecessary email, but maintain enough contact that people will respond to action alerts.

• Send out information or an action item at least once a month.

• Use your listserv to enroll volunteers. Be sure to thank folks for responding to alerts!

• Send updates, requests for support, and proposed communications with legislators.

Create listervs groups for:

• Working teams

• Supporting organizations

• Petition signers, workshop and event attendees

4. Develop a website or blog. This site can contain items like:

• Campaign updates

• A sign-up page for receiving updates, alerts, etc.

• The text of the legislation

• Torture in the news

• A list of supporting organizations

• A sample letter for legislators

• The petition (for signature online, and for download)

Keep your website current! The Organizers’ Collaborative

(http://organizerscollaborative.org/resources) is a good resource for information and

resources (some of them free) to help you set up appropriate online communications for

your campaign.

8

Petitions are a great way to show legislators that the issue of torture is important to their

constituency, and a great way to publicize the campaign. Petitions keep partner groups involved

in the process and give supporters an easy way to publicize their own involvement in the

campaign. Petitions help you build your listserv—your base of support for legislative calls,

letters of support, volunteers, and attendees at your events.

1. Keep the petition short, while covering all of the topics pertinent to the issue. See

Appendix B for a sample petition in English and Spanish.

• Describe the issue, suggest a solution, and describe why the solution is necessary.

• Leave room for signatures and relevant contact information, including address, city,

zip code, phone number, and email.

• Include a checkbox that people can check if they want to join your listserv.

2. The petition should be accessible online, and should be easy for site visitors to reach from

the campaign’s homepage.

3. Make sure partner organizations have as many copies as they need, and keep them up-todate

with deadlines for submission and with current petition numbers. Try to have the

petition posted on as many partner websites as possible.

4. Send updated petitions to important legislators and government representatives as often

as possible.

5. When you’ve got a good healthy stack of petitions (say, a 2-inch stack), bring it to the

sponsoring legislator and to legislative hearings. Be sure to keep copies for yourself.

6. Educate petition signers who want to join your campaign. Look for opportunities to

present to local groups, or to have petition signers educate others with whom they have

influence.

1. Our campaign intentionally stuck to nonpartisan groups. The issue of torture, its

definition, and debates about the involvement of the United States have become

extremely politicized. Our campaign sought to avoid that sort of discussion and focus on

the issue of torture rather than the politics of its approval. By keeping the campaign

nonpartisan, our project appealed to groups across the political spectrum, and gave us a

much larger base of support.

2. In order to appeal to the widest base possible, we made certain strategic choices. For

example, we crafted different outreach messages to ask different groups for their

support. In letters to medical groups, we addressed the issue of torture from a medical

perspective; similarly, letters to religious groups approached the issue from a moral

perspective.

9

a. Our campaign reached out to a wide variety of faith communities. The National

Religious Coalition Against Torture (www.nrcat.org) was helpful in identifying

sympathetic faith communities in our region. The American Friends Service

Committee also offered a spiritual/moral perspective for our campaign. We

encourage you to invite your local AFSC office to act as a co-sponsor, but please note

that each AFSC office works on programs unique to its region, and may not be able to

act as a co-sponsor. Visit the AFSC website at www.afsc.org for more information.

b. To get a medical perspective on the issue, look for a local chapter of Physicians for

Social Responsibility (www.psr.org). If they aren't available, visit the website for

Physicians for Human Rights (www.physiciansforhumanrights.org), or try

contacting a faculty or student organization at a local medical school.

c. For a human rights perspective on the issue, look for torture victims’ treatment

centers online (at http://physiciansforhumanrights.org/asylum/resources/torturetreatment.

html), or your local branch of Amnesty International (www.amnesty.org).

d. You may also want to have a partner that can address the legal perspective on the

issue. Consider contacting a local law school or civil rights advocacy organization.

1. Recruiting groups takes effort; it requires personal contact. Faxes aren’t enough.

Form letters are unlikely to inspire an organization to put its name and manpower on the

line. We recommend repeated contact and meetings (including conference calls) to get

organizations on board.

Make it easy for organizations to support you by having a form letter of support ready

and available for them to sign and/or modify. (See Appendix B for a sample letter of

organizational support.

2. Nurture relationships through listervs: In the same vein, build a comprehensive email

list of groups that have lent their support, and send regular updates on the progress of

the project and how they can help. Have open meetings with supporting organizations to

keep them included. This kind of campaign requires signatures, phone calls, letters, and

volunteers. Your supporting organizations are the main pool of advocates that can make

these things happen—but only if they know what they have to do.

3. Thank your supporting organizations often. This seems obvious, but in the flurry of

events, it’s easy to forget the simple things.

4. Create a win-win situation for supporting organizations. Name your supporting

organizations as often as possible, on as many press documents as you can. Give good

press to the groups that made the campaign possible.

5. Make sure to distinguish between cosponsors and supporters. Sometimes a

supporting organization may try to take more control of the project than you had hoped;

it’s key that each group’s desired role is made clear at the outset.

10

Our campaign pursued a resolution, because when we began our campaign in early 2006, the

political climate in the country was far more hostile to questioning the official story about the

“War on Terror.” At that time, it was more challenging to identify a legislative champion.

While working on the resolution we felt a need to keep ourselves below the radar, and did not

work with the media. We were also concerned about the power of the state governor to veto a

law, even if it passed the legislature. A resolution does not need the governor’s approval.

To determine if you should pursue a resolution or a law:

1. Research your state legislature and your governor’s record to assess their receptivity

to this issue. Relevant information includes:

• Searches for the legislators’ name on the Internet

• Voting records on relevant issues, like the death penalty and civil liberties.

• Legislators’ medical or military backgrounds.

See Appendix B for a sample Legislative Member Info Spreadsheet.

• Which and how many state legislators would be likely to support your efforts?

• What civil rights or human rights legislation, if any, has come up and who sponsored

or cosponsored that legislation?

3. What is the Difference Between a Resolution and a Law? Go to

http://tinyurl.com/5ohzm5 for an answer.

1. Find an advisor who can coach you on the legislative side of the campaign.

Somebody familiar with the process is invaluable.

One idea is to find a group of law students and/or medical students who can lend support

and help draft the resolution. They gain valuable experience dealing with the issues of

their field, and you gain a group of committed volunteers. Another option is enrolling the

support of a human rights or civil rights organization to draft the legislation.

2. Consider a “frame” for your legislation. What unifying theme can frame this issue for

you? When you read SJR 19, you will see that Dr. Martin Luther King, Jr. was a frame

for our resolution. The resolution was first introduced in the legislature around the date

of his birthday (January 15th).

3. See Appendix B for the text of SJR 19. Feel free to use this language, or any part of it,

for your legislation. The “legalese” is complicated: A great deal of effort has gone into

11

creating as many loopholes as possible in the federal law around torture. The key

4. Be prepared for strategic compromise. In our experience, drafting a resolution is a

process with many revisions. While the ideal would be to remove health professionals

from all interrogations, the fact is that it’s unlikely that legislation that strong and direct

would be passed. Loopholes will come up as different organizations and legislators look

at the draft—and neither legislators nor the public have the patience to grasp legal

nuances, so be prepared to make a lot of changes.

• First, legislators may want a statement that prisoners must receive treatment.

• Second, opponents will note that health professionals are involved in interrogations in

routine law enforcement—in police stations and prisons throughout the country—and

they don’t want to complicate that law.

We compromised as necessary, then added other language to try and compensate. For

either a law or a resolution, accept that you won't get exactly what you want. It’s tricky

to know when to compromise and when to stand firm. Perfection or passage—you have

to decide. Again, the key language to get into your legislation is that “interrogation

• The need for the legislation

• What the legislations says

• What needs will be fulfilled by passing the legislation

• Who the legislative sponsor(s) are

• Who the cosponsoring organizations are

• Suggested action steps

• Your contact information

See Appendix B for a sample Legislative Fact Sheet.

1. Research legislators’ backgrounds. You’re looking for legislators who may align with

the work to be done. Does the legislator have a background as a health professional? In

the military? What is their record on civil rights? Civil liberties? Criminal justice? The

death penalty?

2. Look for legislators who serve on a relevant committee. Look for a list of legislative

committees on your state’s legislative website. Find out each committee’s purpose, and

especially whether they address the business of medical licensing. We worked with the

Business, Professions and Economic Development Committee in the Senate, and a

12

Business Committee in the Assembly, that handled the licensing of medical

professionals. Your state may have a similar committee. Health committees may also

lead you to potential advocates.

containing their names, capitol address, phone and fax numbers, district, and party.

Include columns showing any legislative aides spoken to, the legislator’s potential

position on the legislation (based on their first response), and their actual position (if they

state a definite position). Also include columns showing relevant information about their

background and voting record.

4. Gather the local district office information of legislators as well. Visits to local

offices can be made if trips to the capitol are too difficult. Again, it is important to keep

the information regarding the aides worked with.

5. Prepare supporting documents to share with prospective sponsors. Prepare a fact

sheet about the issue, the text of the proposed legislation, support letters from the military

and medical communities as well as bipartisan sources. The following examples of

support letters can be found on the Internet:

• Letter from Colin Powell (Sept. 2006)

• Statement on Interrogation Practices, signed by 20 former US Army Interrogators and

Interrogation Technicians (July 2006)

• Letter from military generals (Sept. 2006)

• Letter from American Bar Association (Dec. 2005)

• Letter from nine judges (Sept. 2006)

• Letter from Gen. Vessey (Sept. 2006)

• Letter from Partnership for a Secure America (Feb. 2008)

• See also statements by Lt. Gen. Kimmons on the release of the U.S. Army

Interrogations Manual (Sept. 2006)

6. Solicit letters of support from legislators. See Appendix B, for a sample Letter to

Legislative Officials.

Lobbying is the attempt to influence an official’s opinion or activity—in the legislature, city

council, government agencies, or within your own organization. Grassroots lobbying refers to

any technique that provides elected officials with input from constituents—the voters back

home. Lobbying well means making your point of view both interesting and relevant: stating an

argument, perspective, or strategy in such a way that the person you are lobbying will sit up and

listen.

1. The following three websites provide manuals on lobbying. They all contain

generally similar information. Choose one or all, and use them as a foundation for your

legislative work. The State Employees Association Manual has the most in-depth

information on hearings. Read it carefully. A bill’s fate can be decided at its first

committee hearing.

13

• Senator Sheila Kuehl's Citizen's Guide to Lobbying: Available at Sen. Kuehl’s home

page, http://dist23.casen.govoffice.com (in the lower-left hand corner).

• State Employees Association of North Carolina Guide to Grassroots Lobbying:

http://www.seanc.org/site/forms/GuidetoGrassrootsLobbying.pdf

• Illinois Health Care Association Grassroots Lobbying Manual:

http://www.ihca.com/AcrobatFiles/Grassroots2002.pdf

2. Learn about the guidelines for lobbying and nonprofits. Alliance for Justice

(http://www.afj.org/for-nonprofits-foundations/resources-and-publications/aboutadvocacy-

lobbying.html) offers a comprehensive program that provides information and

training on the legal parameters of nonprofit and foundation advocacy; plain-language

legal guides that you can refer to in planning your advocacy campaign; and real-time

responses to questions about implementing your advocacy project. Using staff attorneytrainers,

the Alliance’s Nonprofit Advocacy Project (NAP) and Foundation Advocacy

Initiative (FAI) serve the advocacy needs of 501(c)(3), 501(c)(4) and other 501(c)s, and

527 organizations through workshops, research and publications, technical assistance,

public policy, a speaker series, and outreach to lawyers and accountants. Take a look at

their site and see what resources you can use.

See Appendix B for a sample email announcement to state legislators.

1. If you are asked to help organize the hearing, you will need to assemble a team of

experts to testify on behalf of your legislation.

a. The legislature will not pay travel expenses—so budget for this!

b. Our experts represented/included:

• Cosponsors

• A human rights/civil liberties attorney

• The medical profession

• The psychological profession

• An expert on torture

• The state medical association

c. Work to fill the legislative hearing room with supporters.

d. Remember to follow up by thanking your experts.

e. Collect testimony and put excerpts on your website.

2. Testify: Be prepared to submit written testimony. Keep your oral testimony to about 2-3

minutes. Let committee legislators know who you are and why you’re there. (This is

especially important if one of your legislators is on the committee hearing the bill.)

Prepare talking points that are short, concise statements. Include a few sentences about

how the issue is relevant to your organization or constituency. A personal story always

has a strong impact if it is short and to the point.

3. You may be asked questions by the legislators on the committee. Be prepared for

further questioning after you provide your testimony. Do not be intimidated by the

questions. They are simply seeking more information from you on the facts, your

14

position, your reasons for taking your position, or something else that they want to learn

more about. Remain polite; do not become aggressive or argumentative.

4. Be patient: The hearing may not go according to schedule.

A. Develop a Media Outreach List. Research local and statewide media sources and the

reporters who cover your area. Gather names, email addresses, phone numbers, and fax

numbers.

B. Develop a Campaign Title, Media Message, and Materials. What are the three bullet

points that are most important to communicate to the public?

1. You want to create a compelling title for your campaign. Can you tie it to a person, a

historical event, or a quote? In California, we tied the campaign to Dr. Martin Luther

King, Jr.

2. Prepare three bullet points that are most important to communicate to the public about

this issue.

3. How will you “frame” your conversation about this issue?

4. Prepare your one-page Fact Sheet about the campaign.

5. Do your research to be able to answer objections about this issue and commonly asked

questions. Use our Ten Questions document (see Appendix B) to prepare for interviews.

Update it and adapt it to your needs.

6. Prepare a pamphlet about this issue. (See Appendix B.)

7. Use our “Torture Timeline” Chronology (see Appendix B) as a media resource. (Update

the timeline as necessary.)

D. How to Work with the Press: Using your local newspapers and other media is a great way

to get the word out. Here are some ways to work with the press on your issue:

• Build a relationship with your local reporters.

• Submit a letter to the editor.

• Ask an expert or person who has been personally affected by the issue to write an op-ed.

Call a local reporter who covers related issues in your community, such as science or health,

and start the education process. Tell the reporter(s) about the importance of the issue and the

need for a state legislative solution. Call the reporter frequently with your campaign updates,

and be sure to provide your phone and email address. Try to cultivate relationships with

members of your local newspaper's editorial board who might be willing to write an editorial on

15

the issue. All of the work that you put into relationship-building will help when you need the

attention and interest of the press.

The letters that have the best chance of being published by your newspaper are short,

focused, and to the point. Also, while a letter about a major issue might get published, your

letter stands a better chance if it is tied to a specific event. Here are some other tips for your

letter:

• Be sure to include your full name, address, day and evening phone numbers, and your

email address at the top of the letter. Most newspapers will contact the letter writer to

confirm authenticity.

• Write short sentences, and limit your letter to no more than two or three paragraphs.

• Don't send copies of your letter to a several papers at once. Send it to the publication

where you really want it published, then wait a few days before submitting it somewhere

else.

An op-ed is a guest opinion column found in the editorial section of your newspaper. You

can use it as a tool to get your message out in the local media, by writing one yourself or asking

someone in your community to do so. Make sure to target community newspapers in addition to

state and national media outlets.

Check your newspaper's editorial page to find out how they accept submissions (via fax, email,

etc.). Include your phone number, address, e-mail address, and a brief bio with your

submission. (Op-eds are usually printed with a short blurb about the author(s).) Be sure to

follow up with the editors a few days after submitting the piece.

Here are some other tips for your op-ed:

• Make it newsworthy by tying it to something specific. Examples of news hooks might

include a new study on torture or a local instance of a community member who has been

personally affected by torture.

• When possible, personalize your piece with an experience or anecdote.

• Be brief and to the point. Op-eds are usually 800 words or less, and editors won't be

happy about having to make your piece fit.

• Appeal to the average reader. Don't use technical language or jargon.

• Start and end with a bang. Draw the reader in with your first paragraph. Sum up your

piece in the last paragraph with a strong message and a call to action.

• If possible, recruit others to add to your byline. Sometimes it helps to have an "expert"

on the issue in order to get published. Adding other concerned community members may

also improve your chances of being published.

16

H. Media Resources: The following websites provide resources for creating your media

strategy.

• http://www1.medialiteracy.com

• http://www.spinproject.org

We want to pass on just a few tips about managing the unique challenges of this campaign.

1. Hire Interns. We highly recommend enrolling college interns. Over the two years of

our campaign, we worked with six outstanding interns. We don’t exaggerate when we

say that the campaign could not have been successful without them. Using interns is a

way to increase your staff. When you work with interns:

• Draft a job description.

• Get a written statement of the college’s requirements, of both you (as supervisor) and

the intern (and then make sure you can meet those requirements).

• Work out a regular schedule for your intern, and track their hours.

• Set aside time for training and meetings (even if the meetings are brief).

• Treat your interns like the gold that they are. Let them know that you appreciate their

work.

active. The legislative process is slow, and is subject to external variables over which

you have no control. It requires enormous perseverance. It can be challenging to

consistently fill volunteers’ time in a meaningful way, but that’s your responsibility: to

make volunteers’ time with the project fulfilling and meaningful. When they show up

3. Keep your volunteers informed about the process. We could never pin down when

the legislation was going to come up for a vote. Often we geared up for a vote, and then

found out it was a false alarm. At other times, a vote came up without warning, and we

had to scramble to get the word out to supporters and make calls. It’s a challenge to

maintain a base of volunteers who will be available when they are needed. It helps to let

people know what’s going on.

A-1

Oath Betrayed: Torture, Medical Complicity and the War on Terror, by Steven Miles. Random

House Publishing/ New York, 2006.

Question of Torture: CIA Interrogations from the Cold War to the War on Terror, by Alfred

McCoy. Metropolitan Books/ New York 2006.

The Story of Cruel and Unusual; Colin Dayan. MIT Press, 2007

The Dark Side: The Inside Story of How the War on Terror Became a War on American Ideals,

Jane Mayer. Doubleday Press, 2008

Torture and Democracy, by Darius Rejali. Princeton University Press, January 2008

Torture is a Moral Issue, ed. George Hunsinger. Eerdmans, Oct. 2008.

Medical Ethics and the Interrogation of Guantanamo 063 by Steven Miles 2007. The American

Journal of Bioethics 7(4):5. Available online at http://ajobonline.com/journal/

j_articles.php?aid=1140.

Psychologists in Abusive Interrogations: A Q&A on Psychologists and Torture, by Stephen

Soldz, Steve Reisner, Brad Olson. CounterPunch, June 6, 2007. Available online at

http://counterpunch.org/soldz06072007.html.

Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality, Physicians for

Human Rights. 2007. Available online at http://physiciansforhumanrights.org/library/report-

2007-08-02.html.

Broken Laws, Broken Lives: Medical Evidence of Torture, Physicians for Human Rights, June

2008. Available online at http://brokenlives.info/?page_id=69.

Principles of medical ethics relevant to the protection of prisoners against torture. United

Nations General Assembly, Dec. 18, 1982. Available online at

http://www.cioms.ch/frame_1983_texts_of_guidelines.htm.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

United Nations General Assembly, Dec. 10, 1984. Available online at

http://www.unhchr.ch/html/menu3/b/h_cat39.htm.

Psychological Warfare By Mark Benjamin. Available online at

http://archive.salon.com/news/feature/2006/07/26/interrogation/index.html.

• American Friends Service Committee (Los Angeles) - www.afsc.org/stoptorture

• Program for Torture Victims - www.ptvla.org

• Physicians for Social Responsibility - www.psr.org

A-2

• Physicians for Human Rights - www.physiciansforhumanrights.org

• Friends Committee on National Legislation - www.fcnl.org

• American Civil Liberties Union - www.aclu.org

• Psychologists Acting with Conscience Together - www.psyact.org

• Human Rights Watch - www.hrw.org

• National Religious Campaign Against Torture - www.nrcat.org

• Act Against Torture - www.actagainsttorture.org

• School of the Armericas Watch - www.soawatch.org

• Torture Awareness - www.tortureawareness.com

• Human Rights First - www.humanrightsfirst.org

• Torture Abolition and Survivors Support Coalition International - www.tassc.org

• Psychologists for Social Responsibility - www.psyr.org

• Stephen Soldz, Ph.D. (blog) – http://psychoanalystsopposewar.org/blog

• http://ctb.ku.edu/en/Default.htm - We highly recommend this Community Tool Box,

provided by the University of Kansas. It’s extremely in-depth; begin with the Table

of Contents or “Learn More about Using the CTB.”

• http://www.ltcchampions.org/toolkits.htm - The Long Term Care Champions have

also provided a tremendous resource. Click the links for more info. “Organizing

Tips” includes tips on recruiting members, and running a meeting; “Media Tips

includes tips on writing op-eds and letters to the editor; and “Grassroots Lobbying

Tips” includes tips on preparing for a legislative hearing.

• http://www.fcnl.org/action/toolkit.htm - This Friends Committee on National

Legislation toolkit provides information about organizing, lobbying, and speaking to

the media.

• http://www.homesfornj.com/toolkit_for_action.html - The Homes for New Jersey

website provides some links for direct use; mainly, it’s a good source for sample

materials and methods. Check out the following links in particular:

o http://www.homesfornj.com/advocate.html - how to be an effective advocate;

o http://www.homesfornj.com/endorsement.html - legislative endorsement form;

o http://www.homesfornj.com/checklist.html - checklist reporting form;

o http://www.homesfornj.com/get_printed.html - how to get a letter or op-ed

printed;

o http://www.homesfornj.com/howto_forum.html - how to hold a candidate’s

forum.

• http://organizerscollaborative.org – from the Organizers’ Collaborative. Check out

their Resources, Tech Tips, and (free) Organizers’ Database.

B-1

• Background Document: “Turning to the Dark Side” -

• Text of Resolution (SJR 19)

• Legislative Fact Sheet

• A Chronology of Medical Complicity in Torture in the United States

• Outreach Pamphlet: “What Would Dr. King Do?”

• Organizational Support Letter to Legislators

• Individual Support Letter to Legislators

• Email letter to Enroll Petition Signatures

• Petition Form (English)

• Petition Form (Spanish)

• Email Asking Listserv to Contact Legislators

• Legislative Member Info Spreadsheet

• Sample web page

• Answer Sheet – 10 Questions

TURNING TO THE DARK SIDE

When the Bush

Administration

initiated the Global

War on Terror, Vice

President Cheney

was quoted as saying,

“We will have to

spend some time on

the dark side.”

Several years later, who would

have imagined that prisoners in

U.S. custody would be held

indefinitely without charges,

without the right to see the

evidence against them, without

trial, without appeal, without

hope?

Many of us have a sense that

torture is wrong, but we feel

unsure about how we can talk

to others about it and uncertain

about how to stop it.

1

TURNING TO THE DARK SIDE

Since the War on Terror began, “Guantánamo Bay,” “Abu

Ghraib,” “black sites,” “ghost detainees,” “extraordinary

rendition,” “waterboarding,” and “torture” became

incorporated into mainstream American culture.

The U.S. has become a “torturing nation.” The terrible

treatment of prisoners in Iraq, Afghanistan and Guantánamo

has not turned out to be isolated incidents. We now know

that they are characteristic of a U.S. system of torture,

conceived by the Bush Administration, sanctioned by the

U.S. Congress, covered up by the U.S. military and largely

ignored by the mainstream U.S. media.

This system of torture is putting our country in great peril.

Torture is undermining the very foundations of our

democracy and corrupting our nation’s moral compass. It is

pushing our country further and further to the outer edge of

the world community.

This background paper distinguishes the facts from the myths

about U.S. torture and suggests what we can do about it.

And as long as our country tortures, we are all complicit in it.

HOW DO WE DEFINE TORTURE?

Using peculiar terms like “enhanced interrogation” (a term

originally coined by the Nazis) and “alternative

2

interrogation methods,” the Bush Administration has

created enormous confusion in the minds of most Americans

about what constitutes torture. The definition of the term

“torture” has been manipulated into an aberration that bears

little resemblance to the language and intent of

internationally accepted treaties concerning the treatment of

prisoners.1

The U.S. and 73 other nations of the world have ratified the

United Nations Convention Against Torture and Other

Cruel, Inhuman or Degrading Treatment or Punishment.

The UN Convention Against Torture defines torture as: The

UN Convention Against Torture defines torture as: “…any

Torture:

• Deliberately causes pain and suffering

• Can be physical or mental

3

use of this method, now called “stress positions.”2

• Is used to extract information, punish, intimidate and

dominate the victim and others, and discriminate

against a group of people

• Is sanctioned by institutional authority

DOES THE U.S. TORTURE?

♦ Testimony from prisoners, attorneys, the FBI, U.S. enlisted

personnel, human rights organizations, the International

Red Cross and United Nations documents all show that U.S.

military personnel and private contractors have participated

in both physical and psychological torture.

Cross inspection team in June (2004).3

634 S. Springs St. 3rd Fl.

Los Angeles, CA 90014

(213) 489-1900 losangeles@afsc.org

www.losangeles.afsc.org

15

about the purchase of this film or to see a schedule of when it airs

on HBO please visit www.hbo.com/docs)

Written, produced, and directed by Michael Kirk, produced by

Frontline, a PBS television program, originally aired October 18,

2005. (For information about this program or to watch it in full

online please visit

www.pbs.org/wgbh/pages/frontline/torture/)

4

TORTURE IN GUANTÁNAMO

♦ There have been as many as 750 detainees held at

Guantánamo at one time, with ages ranging as young as 10

and as old as 80; today, between 395 to 400 detainees are still

being held there.

♦ Many prisoners are subjected to cruel or inhumane

treatment, including sexual humiliation, beatings, shackling

and various forms of psychological torture. Since 2003, there

have been three successful suicides and 350 incidents of

“self-harm,” including 120 attempts by prisoners to hang

themselves; since then, the military has replaced the word

“suicide” with the term “Manipulative Self-Injurious

Behavior (SIB).”

were on 24-hour suicide watch.4

♦ At least four Guantánamo detainees have lodged a

complaint against Dr. John Edmondson of California, former

head of that facility’s Naval hospital. They allege that

physicians under Dr. Edmondson’s supervision (1)

witnessed and participated in abuse, (2) shared medical

information with interrogators and (3) made the provision of

medical care contingent with cooperation with interrogators.

5

“I said to them, ‘Why are you torturing me and you haven’t

beatings’.”5 – Testimony of Jumah al-Dossari

literally pulling his own hair out throughout the night.”6

TORTURE IN IRAQ AND AFGHANISTAN

♦ Between 2002 and 2005, U.S. sources have confirmed at

least 112 detainees died while in U.S. custody: 105 in Iraq,

and 7 in Afghanistan. The leading cause of death was

homicide, with 43 such deaths confirmed. However, the real

number is suspected to be much higher.

14

www.worldpublicopinion.org/pipa/articles/btjusticehuman_rig

htsra/229.php?nid=&id=&pnt=229

World Public Opinion.org www.worldpublicopinion.org

Program on International Policy Attitudes www.pipa.org

13. Human Rights News, “Summary of International and U.S.

Law Prohibiting Torture and Other Ill-treatment of Persons in

Custody.” Human Rights Watch, last updated May 24, 2004,

www.hrw.org/english/docs/2004/05/24/usint8614.htm

14. Laura Sullivan, “U.S. Abuse Undermines Treaties.” Baltimore

Sun, May 5, 2004,

www.baltimoresun.com/news/nationworld/iraq/balte.

journal05may05,0,721211.column

15. “Physical and Psychological Torture Have Similar Mental

Effects.” Medical News Today,

www.medicalnewstoday.com/medicalnews.php?newsid=64611

Alfred W. McCoy, The U.S. Has a History of Using Torture. History

News Network, George Mason University, December 4, 2006

Alfred McCoy, Question of Torture: CIA Interrogation, from the Cold

War to the War on Terror. Metropolitan Books, New York, 2006

Dr. Stephen Miles, Oath Betrayed: Torture, Medical Complicity and

the War on Terror. Random House Publishing, New York, 2006

A Movie Firecracker Film production of an HBO Documentary

Film, written and directed by Rory Kennedy. (For information

13

1. Andrew Sullivan, “Verschärfte Vernehmung.” The Daily Dish

for the Atlantic Online, May 29, 2007

2. Alfred W. McCoy, “The U.S. Has a History of Using Torture.”

History News Network, George Mason University, December 4,

2006

3. Neil A. Lewis, “Red Cross Finds Detainee Abuse in

Guantánamo.” New York Times, November 30, 2004

4. James Yee, “For God and Country: Faith and Patriotism Under

Fire.” October 10, 2005

5. Testimony of Jumah al-Dossari (a Bahraini national among the

first brought to Guantánamo in 2002, he still remains there today

without trial or official charges, and has survived 12 unsuccessful

suicide attempts.)

6. Dan Eggen and R. Jeffrey Smith, Washington Post Staff Writers,

“FBI Agents Allege Abuse of Detainees at Guantánamo Bay.” The

Washington Post, December 21, 2004

7. Naomi Klein, “The US Psychological Torture System is Finally

on Trial.” The Guardian, February 23, 2007

8. Physicians for Human Rights, “Hundreds of Health

Professionals Call on US to Stop Participating in Torture and

Support Independent Investigation.” June 23, 2005

www.physiciansforhumanrights.org/library/news-2005-06-

23.html

9. Brig. Gen. David R. Irvine, “Why Torture Doesn’t Work.”

Alternet, November 22 2005

www.alternet.org/rights/28585/

10. Dr. Stephen Miles, “Oath Betrayed: Torture, Medical

Complicity and the War on Terror.” Random House Publishing,

New York, 2006, p. 14–16

11. Headquarters, Department of the Army, Washington, DC, 8

May 1987, FM 34-52

12. “Publics in Europe and India See U.S. as Violating

International Law at Guantánamo.”

6

against the walls and the doors.” Naomi Klein, “The US

Psychological Torture System is Finally on Trial”7

One detainee, Hussein Mutar, said about his experience that

DOES TORTURE BETRAY OUR DEMOCRACY?

♦ Torture violates several international conventions the U.S.

is party to, including the Geneva Conventions, the UN

Convention against Torture, the UN Principles of Medical

Ethics and the International Covenant of Civil and Political

Rights.

♦ Torture violates rights established by the Bill of Rights; in

numerous cases, the Supreme Court has condemned the use

of force amounting to torture or ill-treatment during

detention. The use of torture by American agents or officials

outside the U.S. is a felony under the Anti-Torture Statute

and the Federal War Crimes Act.

♦ Torture is opposed by professional medical organizations

including: The International Red Cross; the American Red

7

Cross; American Medical Association; Physicians For Social

Responsibility, Physicians for Human Rights and the

American Nurses Association. Over 300 health workers

have signed the U.S. Health Professional’s Call to Prevent

Torture and Abuse of Detainees in U.S. Custody, initiated by

Physicians for Human Rights (PHR). The PHR list includes:

a former United States Surgeon General, the White House

Physician to President George Herbert Walker Bush, the

President of the Association of American Medical Colleges,

and past editors-in-chief of the New England Journal of

Medicine.8

♦ Human rights, religious and politically progressive and

conservative organizations oppose torture. They include:

World Organization for Human Rights, Amnesty

International; Human Rights Watch; National Religious

Campaign Against Torture, The National Association of

Evangelicals and organizers of the American Freedom

Agenda, Partnership for a Secure America, The American

Bar Association.

DOES TORTURE WORK?

♦ The belief that torture works is a myth. Humane

interrogation methods are proven to work, while torture

often yields unreliable information.

♦ More than a decade of CIA research on interrogation, as

well as research conducted by Nazi Germany, China, North

12

♦ Invite AFSC to host an event to learn more and educate

others about Californians Against Medical Complicity in Torture

campaign

♦ Join the AFSC mailing list to keep up to date with

information and actions you can take

www.afsc.org/losangeles.htm

♦ Join the AFSC Working Group to Stop Torture.

♦ Reprint this pamphlet, and hand it out to your friends

♦ Commit to having a conversation with a friend about U.S.

torture

♦ Write a letter to the editor of your local newspaper. Tell

them why you, and why everyone, should oppose torture

♦ Contact your U.S. Senator and Representative, and tell

them you oppose U.S. military torture. To find out who your

senator or representative is, go to: www.congress.org

11

♦ Stop torture by U.S. military personnel

♦ End extraordinary rendition (the kidnapping of suspected

“terrorists” who are than held incommunicado and tortured

in foreign countries)

♦ End torture by private contractors who are beyond the

reach of U.S. and international law

♦ Restore habeas corpus (Congressional Bill S.576 titled

“Restoring the Constitution Act 2007” introduced in the U.S.

Senate February 13, 2007)

♦ Abide by international treaties and standards of conduct

which stipulate the humane treatment of prisoners and

detainees

♦ Allow doctors and other medical personnel to report abuse

and refuse to aid abuse and torture wherever it is

happening. Make it easier for such incidents to be reported

♦ Prohibit doctors and other medical workers from

participating in and concealing torture and abuse

perpetrated by the U.S. military

♦ Restore Congressional oversight of military and

intelligence agencies

♦ Hold U.S. leadership responsible and accountable for

torture committed during their terms of office

WHAT CAN YOU DO?

8

Vietnam, Great Britain and Israel ….found pain to be an

unreliable interrogation technique.10

actually interrogated al Qaeda captives.9

♦ In their Statement on Interrogation Practices, 20 former U.S.

Army Interrogators and Interrogation Technicians refuted

the assertion that so-called “coercive interrogation

techniques” and torture are necessary to win the “War on

Terror” and stated that prisoner/detainee abuse and torture

are counter-productive to the intelligence gathering mission.

The signatories to the Statement represent over 200 years of

combined interrogation service and experience, including

Chief Warrant Officer 5 Donald Marquis who, at the time of

his retirement earlier this year, was the Army's most senior

interrogator.

♦ In sensationalized cases of “ticking bombs” and “high

value” prisoners, the effectiveness of torture has been

debunked: Under torture, Ibn al-Shaykh al-Libi, a senior Al

Qaeda leader gave false evidence to his captors--that Iraq

trained Al Qaeda in chemical weapons. Overwhelming

evidence demonstrates that some will say anything in order

to stop torture, and others will resist or deceive their

interrogators until death.

9

♦ More than 30 military leaders of the U.S. Armed Forces

and former officials of the Department of Defense have

asked the administration to clarify standards regarding

detainees, and asking that those detainees be treated

humanely and in line with the Geneva Convention.

DOES TORTURE MAKE US SAFE?

♦ The American Phoenix torture campaign against Viet Cong

and the French torture campaign against Algerians turned

international public opinion against them and galvanized

the Algerian and Vietnamese populations to eventually

defeat the respective super powers.

♦ The first beheading of a U.S. soldier took place within the

week after the publication of the photos of U.S. torture of

Abu Ghraib prisoners. Our use of torture puts the members

of our military at greater risk by lowering the standards of

conduct in war.

♦ Those victims of torture who survive will hate those

responsible for their torture; their families and neighbors

and countrymen will despise the torturers. The torturing

nation will certainly fail to “win hearts and minds,” but will

effectively unite the survivors against the tormentors. All

that is left is force. Force will not work; it never has.

10

takes generations to undo. -- Darius Rejali

WHAT IS THE COST OF TORTURE?

♦ Unreliable information

♦ Undermining of U.S. international credibility 12

♦ Erosion of U.S. human rights law and universal human

rights standards13

♦ Compromise of our nations’ moral compass14

♦ Increased brutality in U.S. prisons, immigration detention

centers, and among law enforcement agencies

♦ Heightened risk for U.S. military personnel in foreign wars

♦ Increased post-traumatic stress disorder (PTSD) and other

illnesses for participating U.S. military personnel

♦ Incalculable harm to those who have been victimized15

effort.”11

WHAT IS THE ALTERNATIVE?

AMENDED IN ASSEMBLY JUNE 16, 2008

AMENDED IN SENATE MARCH 25, 2008

AMENDED IN SENATE MARCH 11, 2008

AMENDED IN SENATE JANUARY 24, 2008

(Coauthors: Assembly Members Coto, Davis, Dymally, Krekorian,

Laird, Levine, Portantino, Price, and Soto)

January 7, 2008

Senate Joint Resolution No. 19—Relative to health professionals.

legislative counsel’s digest

SJR 19, as amended, Ridley-Thomas. Health professionals: torture.

This measure would request all relevant California agencies to notify

California-licensed health professionals about their professional

obligations under international law relating to torture and the treatment

of detainees, as specified, and to also notify those professionals that

those who participate in coercive or enhanced interrogation, torture, or

other forms of cruel, inhuman, or degrading treatment or punishment

may be subject to prosecution. The measure would request that those

appropriate authorities, as specified. In addition, the measure would

request the United States Department of Defense and the Central

Intelligence Agency to remove all California-licensed health

professionals from participating in prisoner and detainee interrogations,

as specified.

Fiscal committee: yes.

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WHEREAS, The citizens of the United States and the residents

of the State of California acknowledge January 15th as the birthday

of Dr. Martin Luther King, Jr., and mark the third Monday in

January as a federal and state holiday to commemorate his lifework

as a civil rights leader, an activist, and an internationally acclaimed

proponent of human rights who warned, “He who passively accepts

evil is as much involved in it as he who helps to perpetrate it”; and

WHEREAS, Dr. King challenged Americans to remain true to

their most basic values, stating, “The ultimate measure of a man

is not where he stands in moments of comfort and convenience,

but where he stands at times of challenge and controversy”; and

WHEREAS, In 2002, for the first time in American history, the

Bush administration initiated a radical new policy allowing the

torture of prisoners of war and other captives with reports from

the International Red Cross, The New England Journal of

Medicine, The Lancet (a British medical journal), military records,

and first-person accounts stating that California-licensed health

professionals have participated in torture or its cover up against

detainees in United States custody; and

WHEREAS, In honor of the birthday of Dr. Martin Luther King,

Jr., a broad coalition of medical, human rights, and legal

organizations are petitioning the State of California to warn its

medical licensees of the legal prohibitions against torture and the

risks of prosecution, and are demanding that the United States

government remove California-licensed health professionals from

coercive interrogation and torture of detainees; and

WHEREAS, Representatives of Californians to Stop Medical

Torture are carrying petition signatures to the California State

Senate, asking that the Senate warn California-licensed physicians,

psychologists, nurses, and other health care workers of possible

future prosecution for participation in torture — cruel and

degrading practices that have become a national shame; and

WHEREAS, Health professionals licensed in California,

including, but not limited to, physicians, osteopaths, naturopaths,

psychologists, psychiatric workers, and nurses, have and continue

to serve nobly and honorably in the armed services of the United

States; and

WHEREAS, United States Army regulations and the War Crimes

Act and, relative to the treatment of prisoners of war, Common

Article III of the Geneva Conventions and the Convention against

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Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment (CAT) require that all military personnel report and

not engage in acts of abuse or torture; and

WHEREAS, CAT defines the term “torture” as “any act by

which severe pain or suffering, whether physical or mental, is

intentionally inflicted on a person for such purposes as obtaining

from him or a third person information or a confession, punishing

him for an act he or a third person has committed or is suspected

of having committed, or intimidating or coercing him or a third

person, or for any reason based on discrimination of any kind,

when such pain or suffering is inflicted by or at the instigation of

or with the consent or acquiescence of a public official or other

person acting in an official capacity”; and

WHEREAS, In 2002, the United States Department of Justice

reinterpreted national and international law related to the treatment

of prisoners of war in a manner that purported to justify

long-prohibited interrogation methods and treatment of detainees;

and

WHEREAS, Physicians and other medical personnel and

psychologists serving in noncombat roles are bound by

international law and professional ethics to care for enemy

prisoners and to report any evidence of coercion or abuse of

detainees; and

WHEREAS, The World Medical Association (WMA) issued

guidelines stating that physicians shall not use nor allow to be used

their medical knowledge or skills, or health information specific

to individuals, to facilitate or otherwise aid any interrogation, legal

or illegal; and

WHEREAS, The guidelines issued by the WMA also state that

physicians shall not participate in or facilitate torture or other forms

of cruel, inhuman, or degrading procedures of prisoners or

detainees in any situation; and

WHEREAS, The American Medical Association’s (AMA)

ethical policy prohibits physicians from conducting or directly

participating in an interrogation and from monitoring interrogations

with the intention of intervening; and

WHEREAS, AMA policy also states that “[t]orture refers to the

deliberate, systematic or wanton administration of cruel, inhumane

and degrading treatments or punishments during imprisonment or

detainment. Physicians must oppose and must not participate in

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torture for any reason ... . Physicians should help provide support

for victims of torture and, whenever possible, strive to change the

situation in which torture is practiced or the potential for torture

is great”; and

WHEREAS, Section 2340 of Title 18 of the United States Code

defines the term “torture” as an act committed by a person acting

under the color of law specifically intended to inflict severe

physical or mental pain or suffering (other than pain or suffering

incidental to lawful sanctions) upon another person within his

custody or physical control. That section further defines the term

“severe mental pain or suffering” as the prolonged mental harm

caused by or resulting from: (A) the intentional infliction or

threatened infliction of severe physical pain or suffering; (B) the

administration or application, or threatened administration or

application, of mind-altering substances or other procedures

calculated to disrupt profoundly the senses or the personality; (C)

the threat of imminent death; or (D) the threat that another person

will imminently be subjected to death, severe physical pain or

suffering, or the administration or application of mind-altering

substances or other procedures calculated to disrupt profoundly

the senses or personality; and

WHEREAS, In May 2006, the American Psychiatric Association

stated that psychiatrists should not “participate directly in the

interrogation of persons held in custody by military or civilian

investigative or law enforcement authorities, whether in the United

States or elsewhere,” and that “psychiatrists should not participate

in, or otherwise assist or facilitate, the commission of torture of

any person. Psychiatrists who become aware that torture has

occurred, is occurring, or has been planned must report it promptly

to a person or persons in a position to take corrective action”; and

WHEREAS, In August 2006, the American Psychological

Association stated that “psychologists shall not knowingly

participate in any procedure in which torture or other forms of

cruel, inhuman, or degrading treatment or cruel, inhuman, or

degrading punishment is used or threatened” and that “should

torture or other cruel, inhuman, or degrading treatment or cruel,

inhuman, or degrading punishment evolve during a procedure

where a psychologist is present, the psychologist shall attempt to

intervene to stop such behavior, and failing that exit the procedure”;

and

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WHEREAS, In June 2005, the House of Delegates of the

American Nurses Association issued a resolution stating all of the

following: “prisoners and detainees have the right to health care

and humane treatment”; “registered nurses shall not voluntarily

participate in any deliberate infliction of physical or mental

suffering”; “registered nurses who have knowledge of ill-treatment

of any individuals including detainees and prisoners must take

appropriate action to safeguard the rights of that individual”; “the

American Nurses Association shall condemn interrogation

procedures that are harmful to mental and physical health”; “the

American Nurses Association shall advocate for nondiscriminatory

access to health care for wounded military and paramilitary

personnel and prisoners of war”; and “the American Nurses

Association shall counsel and support nurses who speak out about

acts of torture and abuse”; and

WHEREAS, In March 2005, the California Medical Association

stated that it “condemns any participation in, cooperation with, or

failure to report by physicians and other health professionals the

mental or physical abuse, sexual degradation, or torture of prisoners

or detainees”; and

WHEREAS, In November 2004, the American Public Health

Association stated that it “condemns any participation in,

cooperation with, or failure to report by health professionals the

mental or physical abuse, sexual degradation, or torture of prisoners

or detainees,” that it “urges health professionals to report abuse or

torture of prisoners and detainees,” and that it “supports the rights

of health workers to be protected from retribution for refusing to

participate or cooperate in abuse or torture in military settings”;

and

WHEREAS, The United States military medical system in

Guantanamo Bay, Afghanistan, Iraq, and other foreign military

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prisons operated by the United States failed to protect detainees’

rights to medical treatment, failed to prevent disclosure of

confidential medical information to interrogators and others, failed

to promptly report injuries or deaths caused by beatings, failed to

report acts of psychological and sexual degradation, and sometimes

collaborated with abusive interrogators and guards; and

WHEREAS, Current United States Department of Defense

guidelines authorize the participation of certain military health

personnel, especially psychologists, in the interrogation of

detainees as members of “Behavioral Science Consulting Teams”

in violation of professional ethics. These guidelines also permit

the use of confidential clinical information from medical records

to aid in interrogations; and

WHEREAS, Evidence in the public record indicates that military

psychologists participated in the design and implementation of

psychologically abusive interrogation methods used at Guantanamo

Bay, in Iraq, and elsewhere, including sleep deprivation, long-term

isolation, sexual and cultural humiliation, forced nudity, induced

hypothermia and other temperature extremes, stress positions,

sensory bombardment, manipulation of phobias, force-feeding

hunger strikers, and more; and

WHEREAS, Published reports indicate that the so-called

“enhanced interrogation methods” of the Central Intelligence

Agency reportedly include similar abusive methods and that agency

psychologists may have assisted in their development; and

WHEREAS, Medical and psychological studies and clinical

experience show that these abuses can cause severe or serious

mental pain and suffering in their victims, and therefore may

violate the “torture” and “cruel and inhuman treatment” provisions

of CAT and the United States War Crimes Act, as amended by the

Military Commissions Act of 2006; and

WHEREAS, The United States Department of Defense has

failed to oversee the ethical conduct of California-licensed health

professionals related to torture; and

WHEREAS, Waterboarding is a crime under the United States

War Crimes Act and Chapter 113C (commencing with Section

2340) of Title 18 of the United States Code, is a crime against

humanity under international human rights law, is a war crime

under humanitarian laws, and is prohibited by the United States

Army Field Manual. United States district courts, state courts,

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including, but not limited to, the Mississippi Supreme Court, and

United States military tribunals have convicted defendants of

criminal acts in waterboarding cases; and

WHEREAS, Nobel Peace Prize Laureate Dr. Martin Luther

King, Jr., said, “Commit yourself to the noble struggle for human

rights. You will make a greater person of yourself, a greater nation

of your country and a finer world to live in”; now, therefore, be it

California, jointly, That California-licensed health professionals

are absolutely prohibited from knowingly planning, designing,

participating in, or assisting in the use of condemned techniques

at any time and may not enlist others to employ these techniques

to circumvent that prohibition; and be it further

Resolved, That the Legislature hereby requests all relevant

California agencies, including, but not limited to, the Board of

Behavioral Sciences, the Dental Board of California, the Medical

Board of California, the Osteopathic Medical Board of California,

the Bureau of Naturopathic Medicine, the California State Board

of Pharmacy, the Physician Assistant Committee of the Medical

Board of California, the California Board of Podiatric Medicine,

the Board of Vocational Nursing and Psychiatric Technicians, the

Board of Psychology, and the Board of Registered Nursing, to

notify California-licensed health professionals via newsletter,

email, Web site, or existing notification processes about their

professional obligations under international law, specifically

Common Article III of the Geneva Conventions, the Convention

against Torture and Other Cruel, Inhuman, or Degrading Treatment

or Punishment (CAT), and the amended War Crimes Act, which

prohibit the torture of, and the cruel, inhuman, and degrading

treatment or punishment of, detainees in United States custody;

and be it further

Resolved, That the Legislature hereby requests all relevant

California agencies to notify health professionals licensed in

California that those who participate in coercive or “enhanced”

interrogation, torture, as defined by CAT, or other forms of cruel,

inhuman, or degrading treatment or punishment may one day be

subject to prosecution; and be it further

RESOLVED, That the Legislature hereby requests that when

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Resolved, That in view of the ethical obligations of health

professionals, the record of abusive interrogation practices, and

the Legislature’s interest in protecting California-licensed health

professionals, the Legislature hereby requests the United States

Department of Defense and the Central Intelligence Agency to

remove all California-licensed health professionals from

participating in any way in prisoner and detainee interrogations

that are coercive or “enhanced” or that involve torture or cruel,

inhuman, or degrading treatment or punishment, as defined by the

Geneva Conventions, CAT, relevant jurisprudence regarding CAT,

and related human rights documents and treaties; and be it further

Resolved, That no law, regulation, order, or exceptional

circumstance, whether induced by state of war or threat of war,

internal political instability, or any other public emergency, may

be invoked as justification for torture or cruel, inhuman, or

degrading treatment or punishment; and be it further

Resolved, However, that California-licensed health professionals

continue to provide appropriate health care if called upon to deal

with a victim of the conduct and torture described in this resolution;

and be it further

Resolved, That the Secretary of the Senate transmit copies of

this resolution to the United States Department of Defense, the

Central Intelligence Agency, and all relevant California agencies,

including, but not limited to, the Board of Behavioral Sciences,

the Dental Board of California, the Medical Board of California,

the Osteopathic Medical Board of California, the Bureau of

Naturopathic Medicine, the California State Board of Pharmacy,

the Physician Assistant Committee of the Medical Board of

California, the California Board of Podiatric Medicine, the Board

of Vocational Nursing and Psychiatric Technicians, the Board of

Psychology, and the Board of Registered Nursing.

O

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Senate Joint Resolution (SJR) 19 calls for

relevant California agencies to notify health

professionals licensed in California about

their obligations under national and international

law, which prohibits their participation

in torture and inhuman interrogation.

The resolution requests that California

agencies notify California-licensed health

professionals that those who participate

may one day be subject to prosecution.

The resolution also calls on the United

States Department of Defense and the

Central Intelligence Agency to remove all

California-licensed health professionals

from participating in any way in prisoner

and detainee torture, and punishment and

interrogation as defined by the Convention

Against Torture.

This resolution will not stop Californialicensed

health professionals from providing

appropriate healthcare if called upon to

deal with a victim of torture.

!" Routine participation of healthcare

professionals in abusive interrogations

is documented in numerous press reports,

by NGOs and by the Department

of Defense itself.

!" Situations where prisoners do not have

basic rights such as due process, adequate

legal representation and habeas

corpus constitute an unethical work

environment and violate the Geneva

Convention and international law.

!" The presence of licensed health professionals

does NOT protect detainees

from abuse.

!" The involvement of health professionals

in interrogation provides a false

sense of scientific, academic and

practitioner legitimacy to harsh techniques.

!" Despite universal international standards

that classify waterboarding as

torture, the U.S. Attorney General has

not. Health professionals in the field,

operating under orders in isolated settings,

are in no position themselves to

make complex judgments as to what is

and is not torture.

!" When interrogations take place in an

environment that is secret, and when

arrests, detentions and interrogations

are deemed appropriate without evidence

or the rule of law, individual military

or intelligence health professionals

cannot be expected to stop abuses.

!" The state of California must articulate

standards that ensure that no health

professionals from California are put in

vulnerable positions.

!" Today, human rights attorneys are increasing

their efforts to prosecute

those who break international human

rights laws. Precedents exist in international

courts and in foreign countries

for the prosecution of those who

had been previously immune from legal

action. 0n2"ne 3h" ("+(#+e5 +i5k5

!" The resolution does not place limitations

on the ethical practice of medicine

in legal settings.

!" American Friends Service Committee

(Co-Sponsor)

!" Program for Torture Victims (Co-

Sponsor)

!" Physicians for Social Responsibility

S Los Angeles (Co-Sponsor)

!" Agape International Spiritual Center

!" All Saints Church

!" American Medical Student Association

!" Amnesty International

!" California Council of Churches

!" Center for Justice and Accountability,

San Francisco

!" Center for Survivors of Torture, San

Jose

!" Council on American Islamic Relations

!" Greater Bay Area Physicians for

Social Responsibility

!" Evangelicals for Human Rights

!" Fuller Theological Seminary

!" Human Rights Watch

!" Institute for Redress and Recovery,

San Jose

!" Interfaith Communities United for

Justice and Peace

!" Islamic Shura Council of Southern

California

!" Pax Christi

!" Physicians for Human Rights

!" Presbyterian Board of Church and

Society

!" Progressive Christians Uniting

!" Psychologists for Social Responsibility

!" Rabbis for Human Rights

!" Southern Christian Leadership Conference

!" Survivors International

!" The Regas Institute

!" None on file as of April 1, 2008

Eisha Mason at emason[afsc.org or

Martha Arg\ello at arguello[psrla.org

December 2, 2002: Rumsfeld Approves Torture Methods

Donald Rumsfeld approves a memo listing acceptable interrogation methods to be used on war

detainees. These techniques, which have been defined by the international community as torture, are used

in prisons such as Abu Ghraib, Guantanamo Bay, and Afghanistan.

March 14, 2003: John Yoo’s Bybee Memo establishes legal argument for U.S. torture

John Yoo’s Bybee Memo (now commonly referred to as the “Torture Memo”) reveals advocacy

for the use of “enhanced interrogation techniques” in United States detainee prisons abroad. The memo

also argues that such methods are acceptable because the Geneva Conventions’ “prisoners of war status”

does not apply to Al-Qaeda or the Taliban.

April 2004: Abu Ghraib Scandal shocks the world community

Shocking images of prisoners at the Abu Ghraib prison are released to the public, causing a

worldwide scandal. Pictures of prisoners forced to endure stress positions, hooding, and sexual

humiliation, serve as strong evidence of the brutal interrogation methods employed by the United States

military.

July 2005: Army’s investigation of itself dismisses complaint against California physician

California Medical Board dismisses complaint against Dr. John Edmonson, commander of the US

Navy Hospital at Guantanamo when the Army’s investigation turns up no wrongdoing. . The military

investigation did not investigate or interview detainees about their complaints, but relied on a

questionnaire of medical personnel in Cuba, Iraq, and Afghanistan. Reports that military interrogators at

Guantánamo Bay have used aggressive measures to question detainees appeared in the New England

Journal of Medicine (2005;353:6-8), the Lancet (2004;364:1851), and the New York Times

(www.nytimes.com, 15 Jul, "Head of hospital at Guantánamo faces complaint").

June 27, 2006: Dr. Miles releases “Torture, Medical Complicity, and the War on Terror”

A leading expert in medical ethics and human rights publishes Torture, Medical Complicity, and

the War on Terror. Graphic reports throughout the book serve as one of the first published accounts

focused specifically on confronting the link between military medical practitioners and torture.

June 2007 Psychologists’ “reverse engineering” of SERE techniques exposed

A previously classified report by the Defense Department's inspector general link psychologists to the

military's secretive Survival, Evasion, Resistance and Escape program to "reverse-engineer" techniques

originally designed to train U.S. soldiers to resist torture if captured by experiencing the techniques. Ther

report details how the military and CIA used SERE as a basis for interrogating suspected al-Qaida

prisoners at Guantánamo Bay, and later in Iraq and Afghanistan.

October 17, 2006: Military Commissions Act passes

President Bush and Congress pass the Military Commissions Act, abandoning the principle of

habeas corpus, and allowing for the indefinite and indisputable imprisonment of detainees. The act also

gives the president full power to create his own definition of torture.

December 6, 2007: C.I.A. Destroys Video Documentation of Waterboarding

New York Times reveals that the C.I.A. destroys video evidence of harsh interrogation methods

in order to protect its agents from possible retaliation. However, the destruction of the videos brings the

issue of waterboarding to the public. Waterboarding, “controlled drowning,” is continually defended by

the US as a legitimate form of interrogation, even after the international community describes

waterboarding as torture.

April 11, 2008: Bush admits Approving Interrogation Methods

In an interview with ABC News, President Bush admits to approving the controversial “enhanced

interrogation methods” used by the C.I.A. on war detainees. Bush’s consent reveals that the

administration has been at the root of the torture scandal.

June 2008: Release of Broken Laws, Broken Lives

Physicians for Human Rights release Broken Laws, Broken Lives, a compilation of medical

evaluations and interviews of eleven former prisoners of war in Iraq and Guantanamo Bay. Through

extensive evidence and first hand reports, PSR concludes that health professionals have been complicit in

torture by means of denying medical care to prisoners, being present during torture, and failing to stop or

document abuse cases.

July 2008: Jane Mayer publishes: The Dark Side: The Inside Story of How The War on Terror Turned

into a War on American Ideals

Jane Mayer publishes, The Dark Side, subsequently leading to the accusation that Martin

Seligman (a former president of the American Psychological Association) aided the C.I.A. in creating

harsh interrogation methods to be used on war detainees. Although Seligman has since denied such

allegations, Mayer presents strong evidence of Seligman’s involvement.

Our lives begin to end the

day we become silent about

things that matter.

- Martin Luther King, Jr.

In Guantanamo Bay, Afghanistan,

Iraq and other U.S-operated foreign

military prisons, overwhelming evidence

proves that military physicians and psychologists

have directly participated in

the development and implementation of

torture and abuse of detainees, by:

!"failing to report abuse, including acts

of psychological and sexual degradation

!"using medical records of prisoners in

Guantanamo, Iraq and Afghanistan

for material useful for selecting interrogation

approaches

!"Designing and recommending physically

and psychologically coercive interrogation

plans

!"monitoring interrogations to manage

the risks of health-endangering techniques

and withholding medical care

during interrogations

!"closing investigations without autopsies

!"misclassifying homicides as natural

deaths, discharged patients knowing

they were going back to their abusers

!"Collaborating with abusive interrogators

and guards1

1 Dr. Stephen Miles, Oath Betrayed: Torture, Medical

Complicity and the War on Terror; Random House Publishing/

New York © 2006

Medical torture is the involvement

or active participation of medical

professionals in torture, either to judge

what victims can endure, apply

treatments to enhance torture, or as

torturers in their own right. It includes

doctors who do not directly participate,

but are complicit in aiding military

personnel in interrogation and torture.

!"The Hippocratic Oath

!"The Declaration of Geneva developed

by The World Medical Association

!"The Third Geneva Convention

!"The U.S. War Crimes Act.

- Testimony from January 2005 court-martial

- New England Journal of Medicine, June

2005.

- Naomi Klein, “The US Psychological

Torture System is Finally on Trial”

Pacific Southwest Region

634 S. Spring St., 3rd Fl.

Los Angeles, CA 90014

(213) 489-1900

losangeles@afsc.org

Photo: Matt Groller/Rolling Stone

He who passively accepts

evil is as much involved in

it as he who helps to

perpetrate it.

- Martin Luther King, Jr.

Torture does not work. When we

violate human rights we also undermine

our national security.

In their Statement on Interrogation Practices

(submitted to the Armed Services

Committee on July 31, 2006), 20 former

U.S. Army Interrogators and Interrogation

Technicians refuted the assertion

that so-called “coercive interrogation

techniques” and torture are necessary to

win the “War on Terror” and stated that

prisoner/detainee abuse and torture are

counter-productive to the intelligence

gathering mission.

The signatories to the Statement represent

over 200 years of combined interrogation

service and experience, including

Chief Warrant Officer 5 Donald Marquis

who, at the time of his retirement

earlier this year, was the Army's most

senior interrogator.

Join a broad coalition of medical,

human rights and legal organizations in

petitioning the State of California to:

!" Warn its licensees of legal

prohibitions against torture.

!" Demand that the U.S.

government remove California

doctors and psychologists from

interrogation and torture of

detainees.

!" Sign the petition.

!" Get 10 or more of your friends

and family to sign the petition.

!" Write to your California state

legislator.

!" Host an AFSC Stop Torture

workshop! All you need is a

welcoming space and interested

participants, and we will do the

rest.

Date

Senator Mark Ridley Thomas

State Capitol, Room 4061

Sacramento, CA 95814

Fax: (916) 445-8899

Re: Support Senate Resolution against Medical Torture

I am writing on behalf of (insert organization) in support of your resolutions against physician and other

health professionals who participation in torture. (Describe who your organization represents and your

mission.)

We fully support your resolution urging the State of California to notify all professional

licensees via newsletter, email and web-site about legal and professional obligations under

Common Article III of the Geneva Conventions, the Convention Against Torture, and the

amended War Crimes Act which prohibit the torture and cruel, inhuman and degrading treatment

or punishment of detainees in US custody. The resolution also directs the all relevant California

agencies to notify California licensed health professionals that those who participate in torture

and other forms of cruel, inhuman or degrading treatment or punishment may one day be subject

to prosecution.

Participation in torture is both unethical and illegal, yet many physicians, including some licensed in

California, are part of the U.S. system of torture. Currently there are military medical personnel in

Guantanamo Bay, Afghanistan, Iraq and other U.S. Operated foreign military prisons that are

participating in torture. Physicians and other health professionals are failing to protect detainees’ rights to

medical treatment and are disclosing confidential medical information to interrogators and others. Some

doctors and psychologists are not reporting injuries or deaths caused by beatings, acts of physiological

and sexual degradation of detainees. More alarming these medical professionals are collaborating with

abusive interrogators and guards.

The Ninth Amendment of the US Constitution places the governance of professions by individual states.

The state medical board is the sole legal body chartered to uphold medical ethics. That is why we support

the senate resolution that urges the State of California to notify all professional licensees via newsletter,

email and web-site about legal and professional obligations under Common Article III of the Geneva

Conventions, the Convention against Torture, and the amended War Crimes Act which prohibit the

torture and cruel, inhuman and degrading treatment or punishment of detainees in US custody.

Thank you for introducing this very important resolution.

October 7, 2007

Dear Senator _______ (Mr. Chairman/Madam Woman if applicable)

I am contacting you at this time (writing) to ask for your support on Resolution

________. This will require the Medical Board of California to comply with their duties

to be “responsible for investigating complaints and disciplining physicians and other

allied health professionals who violate the law. If a doctor or other Board licensee

appears to have violated the laws that apply to the practice of medicine, Board staff will

investigate and charges may be filed.”

• Reports of medical professionals assisting in the “interrogation” of detainees at

Guantánamo Bay as well as in Iraq, Afghanistan and other prisons are extremely

disturbing, intolerable, and a breech of long held American standards of

professional ethics. As a Californian I am deeply disturbed that there are

physicians who hold licenses in our state who may be participating in torture.

• Participation in torture is both unethical and illegal, yet many physicians,

including some licensed in California, are part of the U.S. system of torture.

Currently there are military medical personnel in Guantanamo Bay, Afghanistan,

Iraq and other U.S. Operated foreign military prisons that are participating in

torture. Physicians and other health professionals are failing to protect detainees’

rights to medical treatment and are disclosing confidential medical information to

interrogators and others. Some doctors and psychologists are not reporting

injuries or deaths caused by beatings, acts of physiological and sexual degradation

of detainees. More alarming these medical professionals are collaborating with

abusive interrogators and guards.

• The Ninth Amendment of the US Constitution places the governance of

professions by individual states. The state medical board is the sole legal body

chartered to uphold medical ethics. That is why we support the Senate Resolution

________ that urges the State of California to notify all professional licensees via

newsletter, email and web-site about legal and professional obligations under

Common Article III of the Geneva Conventions, the Convention against Torture,

and the amended War Crimes Act which prohibit the torture and cruel, inhuman

and degrading treatment or punishment of detainees in US custody.

• We also ask for your support of Resolution ________ as it directs all relevant

California agencies to notify California licensed health professionals that those

who participate in torture and other forms of cruel, inhuman or degrading

treatment or punishment may one day be subject to prosecution. It also calls on

the U.S. Department of Defense and Central Intelligence Agency to remove all

California-licensed health professionals from participating in any way in prisoner

and detainee interrogation practices.

• In addition to their sworn Oath these doctors are violating both United States Law

and International Law. In its reservations to the Convention Against Torture, the

United States claims to be bound by the obligation to prevent “cruel, inhuman, or

degrading treatment or punishment” as prohibited by the Fifth, Eighth, and

Fourteenth Amendments to the U.S. Constitution.

• Senate Resolution ________ urges the State of California to notify all

professional licensees via newsletter, email and web-site about legal and their

professional obligations under Common Article III of the Geneva Conventions,

the Convention against Torture, and the amended War Crimes Act which

prohibits the torture and cruel, inhuman and degrading treatment or punishment of

detainees in US custody. It also directs all relevant California agencies to notify

California licensed health professionals that those who participate in torture and

other forms of cruel, inhuman or degrading treatment or punishment may one day

be subject to prosecution. It also calls on the U.S. Department of Defense and

Central Intelligence Agency to remove all California-licensed health professionals

from participating in any way in prisoner and detainee interrogation practices.

• The Geneva Conventions, ratified by the United States, is the primary source of

humanitarian law. The Third Geneva Convention concerns prisoners-of-war; the

Fourth Geneva Convention safeguards so called “protected persons,” most simply

described as detained civilians. Detainees must at all times be humanely treated

Detainees may be questioned, but any form of “physical or mental coercion” is

prohibited. Torture or inhuman treatment of prisoners-of-war or protected

persons are grave breaches of the Geneva Conventions, and are considered war

crimes.

• In 2001 the Medical Board of California formally accused physician Owen

Murphy Panner of sexual and professional misconduct and suspended his license

due to secretly videotaping a 15-year-old patient and a 16-year-old patient during

breast and pelvic examinations. Surely, inhumane and degrading treatment or

punishment of detainees in US custody accounts for a higher level of examination

and punishment by the Medical Board and they are to be held responsible for

actions to restrict physicians activity breaking the law.

• State the purpose for the letter in the first sentence.

• State a group’s/org’s/or your individual reason for support.

• Include demonstrated proof where possible/e.g., constitution & bill of rights,

• Include information that links it to other officials, org’s.

• Bring a community based perspective if possible.

• Close with a thank you for attn: to the issue.

• Keep it to one page and politely request a response at the closing.

I thank you for your consideration in this matter and request a response to this letter.

or …

I thank you for your support of Resolution _________ and request a response to this

letter

Sincerely,

Jesse Wechsler

5365 San Vicente Blvd. #206

Los Angeles, CA 90019-2747

Although the President claims that the U.S. does not torture, the mounting

evidence of U.S. torture overwhelmingly indicates that we do. It is the breadth

of evidence, the diversity of sources, and the evidence spanning several years,

that makes the case for U.S. torture undeniable. By any standards other than

those created by the Bush Administration, the United States does torture.

A system of torture requires cooperation between the military, the Executive

branch, the Congress, the courts, the media and the public in order to

institutionalize and perpetuate torture:

�� The Presidency has authorized it – ABC news interview (April 11, 2008);

the President’s veto of legislation that would have prohibited the use of

brutal techniques of interrogation by American intelligence agents.

�� Congress has passed laws to protect it – Military Commissions Act

�� Courts have not put a stop to it -

�� Mainstream Press have not adequately investigated it, reported it or

raised an outcry against it

�� The Public has not demanded an end to it.

Furthermore, research by the CIA, the Army, the National Defense Intelligence

University on interrogation, as well as research conducted by Nazi Germany,

China, North Vietnam, Great Britain and Israel ….have found pain to be an

unreliable interrogation technique.

In sensationalized cases of “ticking bombs” and “high value” prisoners, the

effectiveness of torture has been debunked: Under torture, Ibn al-Shaykh al-Libi,

a senior Al Qaeda leader gave false evidence to his captors--that Iraq trained Al

Qaeda in chemical weapons. Yehiya Hamoodi, who story is related in Oath

Betrayed by Steven Miles, was beaten and terrorized by U.S. military personnel

until he confessed. The names and information all turned out to be inaccurate;

he later recanted his statement, once he was safe. Overwhelming evidence

demonstrates that some will say anything in order to stop torture, and others will

resist or deceive their interrogators until death.

And an overwhelming number of detainees subjected to cruel and inhumane

treatment have not been the source of a “ticking bomb.” The US army's own

Are we arguing that we must become more like the “terrorists” we rail against?

Are you arguing that we must abandon our moral, spiritual and ethical

principles and codes of conduct in order to be secure? If so, we are truly

defeated—we have surrendered the soul of our nation to moral depravity and

chaos.

In that case, they have won—we have become more like them, rather than them

becoming more like us. Where have we seen escalating atrocities on each side,

result in peace? MLK would call it a “race to the annhilation!”

On the contrary, America was must in contrast on moral high ground, an

example of the highest standards of human behavior.

Furthermore, we must be smart. Torture results in unreliable information—it

does not work as a source of reliable intelligence. It undermines U.S. credibility

in exactly the countries whose hearts and minds we are trying to win over and

alienate the international community. Torture erodes U.S. human rights law and

universal human rights. It heightens the risk for U.S. military personnel in

foreign wars. For all these reasons, we must not succumb to torture.

�� The American Phoenix torture campaign against Viet Cong and the

French torture campaign against Algerians turned international public

opinion against them and galvanized the Algerian and Vietnamese

populations to eventually defeat the respective super powers.

Medical personnel, including psychologists and physicians, were present during

the interrogation of detainees.1 They are onsite checking detainee vitals during

long hours of interrogation.2 Psychologists are also present advising military

interrogators on how to mentally tear apart a detainee.3

1 See Interrogation Log of Mohammed al-Qahtani, http://www.time. com/time/ 2006/log/ log.pdf;

Interrogators Cite Doctors’ Aid At Guantanamo, NY Times, by Neil A. Lewis, June 24, 2005.

2 See Supra 16 (Military interrogator logged nearly 20 hours of interrogation of al-Qahtani).

3 Rorschach and Awe, Vanity Fair, by Kathleen Eban, July 17, 2007 (article describes the presence

of a

psychologist overseeing the interrogation of Abu Zubaydah).

Physicians for Human Rights report documents involvement of U.S. medical

personnel in

___________.

In fact one of the few names that have emerged, Dr. John Edmondson, is a

California licensee; he served as commander of the US Navy Hospital at

Guantanamo and was in charge of prisoner care from 2003 to 2005.

SJR 19 ensures that other medical personnel under the jurisdiction of California

are reminded that they may one day be held accountable of torture or complicity

with torture.

The Dept. of Defense and intelligence agencies have refused to release medical

records, email, videotape, correspondence and other necessary documentation

required to investigate torture. Videotape records and interrogator notes have

disappeared through “snafu’s”. Documents are classified or important

information is blacked out for alleged reasons of “national security.” The

Executive Branch and Department of Defense have refused to release critical

documents regarding its policies and activities as well.

There is no independent oversight, no transparency and no accountability for

government, military and intelligence conduct in the War on Terror.

Investigative journalists and human rights organizations have been able to

discover some of what has taking place under U.S. authority, but they have not

been able to identify “who is specifically involved in interrogation and treatment.

This makes it extremely difficult to identify specific health professionals

complicit in torture and substantiate charges of abuse.

Example: The 48-day interrogation video footage of Mohammed al-Qahtani

mysteriously disappeared and the CIA admitted to destroying hundreds of hours

of interrogation tapes.4 Also, sources reveal that the International Red Cross

Agency has been denied access to detainees and ghost prisoners5.

4 See Court Orders Government Not to Destroy Torture Evidence, Center for Constitutional Rights,

December 12, 2007; http://ccrjustice.org/newsroom/press-releases/court-orders-government-notdestroy-

torture-evidence (after CIA acknowledges destruction of evidence, Center for

Constitutional Rights successfully files a motion that orders the government to preserve evidence).

5 Leaked Guantanamo Manuals Shows Red Cross Denied Access to Groups of Detainees,

November 16,

Only independent oversight and greater transparency will ensure the

accountability of military and intelligence personnel as well as Executive Branch

of government.

�� Example: The Departments of Justice and Defense surpressed information

by refusing to release a report on a long-running investigation of the FBI’s

role in the unlawful interrogations of detainees in Iraq, Afghanistan and

Guantánamo Bay. The Justice Department’s Office of Inspector General

(OIG) launched the investigation after internal government documents

revealed that FBI agents stationed at Guantánamo Bay expressed concern

after witnessing military interrogators’ use of brutal interrogation

techniques.

Amnesty does not guarantee immunity from prosecution for war crimes. The

U.N. Convention against Torture or Geneva Conventions for War Crimes gives

rise to Universal Jurisdiction.6 Universal Jurisdiction is the principal that every

state has an interest in bringing to justice the perpetrators of particular crimes of

international concern, no matter where the crime was committed, and regardless

of the nationality of the perpetrators or their victim.7

�� In 2005, an Argentine Supreme Court decision struck down the country’s

amnesty laws and is prosecuting those responsible for gross human rights

violations and torture during the “Dirty War.”

�� Under what is called the “Pinochet principle,” national courts can exercise

universal jurisdiction and try individuals for genocide, crimes against

humanity, and war crimes, even if the acts took place outside the

2007, http://ccrjustice.org/newsroom/press-releases/leaked-guantanamo-manual-shows-red-crossdenied-

access-groups-detainees.

6 See generally: United Nations Convention Against Torture and Cruel, Inhuman or Degrading

Punishment, 1984; Geneva Conventions.

7 The Pinochet Precedent: How Victims Can Pursue Human Rights Criminals Abroad, Human

Rights

Watch, March 2000, www.hrw.org/campaigns/chile98/brochfnl.htm.

prosecuting country. There is legal precedent: Cases initiated in Spain

include the case of former Chilean dictator Augusto Pinochet, the case

against former Peruvian President Alberto Fujimori, and the case of

Argentine military officer Adolfo Scilingo of Argentina.

Fact: Former Dictator of Chile, Augusto Pinochet was subject to Universal Jurisdiction,

on October 16, 1998, was arrested in London on a Spanish warrant for human rights

crimes.8 An Argentine ex-naval officer was convicted in Spain of crimes against

humanity committed between 1976 and 1983.

The enforcement of professional ethics is administered by states, not private

associations. The State of California needs to send a clear message to licensees

that torture is a violation of state law and could result in denying permission to

practice medicine.

Reminder that their code of ethics is not just a piece of paper. SJR 19 urges

health professionals and their professional organizations to abide by their codes

that represent their professional, legal and moral obligations.

SJR 19 represents the official position of the state legislature regarding the

issue of U.S. torture--California opposes torture.

SJR 19 establishes a moral precedent. SJR 19 is a catalyst for legislative

action across the nation.

SJR 19 is a first step in upholding ethics of our professional boards, our state

legislatures, and ultimately the U.S. Congress.

Medical professionals need to treat prisoners. International treaties in fact

compels nations to provide health care to prisoners. However there is a

qualitative difference between providing care -- that improves the health of

8 See Supra.

captives -- and care that merely enables torture to take place. As the

administration of professional ethics falls to states, California must send a clear

signal to licensees that the provision of care must never support acts of torture.

�� SJR 19 requests the removal of health professionals from only / all

unethical and illegal settings, according to international law.

�� SJR 19 also reminds health professionals, that they are professionally

required to report unethical, illegal behavior to independent authorities

that have the power to investigate or adjudicate such allegations.

Para más información, vaya a

Nosotros, el abajo firmante, impulsamos el Estado de California a notificar a todos los concesionarios profesionales vía boletín de noticias, correo

electrónico y sitio Web sobre obligaciones legales y profesionales bajo el Artículo Común III de las Convenciones de Ginebra, la Convención Contra

la Tortura, y el Acto de Crímenes de Guerra enmendado que prohiben la tortura y el tratamiento cruel, inhumano y degradante o el castigo de

detenidos en la custodia de los E.E.U.U.. El abajo firmante, adelante impulsamos el Estado de California a dirigir todas las agencias de California

relevantes para notificar que California licenció a profesionales de salud que aquellos que participan en la tortura y otras formas de tratamiento cruel,

inhumano o degradante o castigo pueden ser sujetos un día al procesamiento. Nosotros, el abajo firmante, adelante impulsamos el Estado de la

petición de California que Departamento de Defensa Estadounidense y Agencia Central de Información quitan a los profesionales de salud

licenciados de toda la California, incluso médicos y psicólogos de participar en la interrogación de preso.

Campaign Partners

American Friends Service Committee - Pacific Mountain Region and Pacific Southwest Region

Physicians for Social Responsibility - Los Angeles, Greater San Francisco Bay Area, and Sacramento

Program for Torture Victims - Los Angeles

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For more information, go to

We, the undersigned, urge the State of California to notify all professional licensees via newsletter, email and web-site about legal and

professional obligations under Common Article III of the Geneva Conventions, the Convention Against Torture, and the amended War Crimes

Act which prohibit the torture and cruel, inhuman and degrading treatment or punishment of detainees in US custody. We, the undersigned,

further urge the State of California to direct the all relevant California agencies to notify California licensed health professionals that those

who participate in torture and other forms of cruel, inhuman or degrading treatment or punishment may one day be subject to prosecution.

We, the undersigned, further urge the State of California request that U.S. Department of Defense and Central Intelligence Agency remove all

California-licensed health professionals, including physicians and psychologists from participating in prisoner interrogation.

Campaign Partners

American Friends Service Committee - Pacific Mountain Region and Pacific Southwest Region

Physicians for Social Responsibility - Los Angeles, Greater San Francisco Bay Area, and Sacramento

Program for Torture Victims - Los Angeles

Name Address Email

Please send

updates on:

Sign: □ AFSC-LA

Print:

□ Stop Torture

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□ Stop Torture

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□ Stop Torture

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Copyright © 2012 H.E.Butler III M.D., F.A.C.S.