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I know what that says. What little respect you have for the commission is obvious. A short-sleeve shirt, no tie, no coat; I get it. Seventeen sailors on the Cole died, and Nashiri is facing execution. To begin with, he argued that Baker was misreading the law, and that only he, Spath, had the power to excuse members of the defense team. He also ruled that there was not, in fact, an ethical conflict. Harvey Rishikof, the Pentagon official then charged with overseeing the process, let Baker out early, but the contempt finding itself is now in federal court. Is that why he was fired? No reason has been given publicly. Meanwhile, the lone military lawyer still on the case, a Navy lieutenant named Alaric Piette, had protested that he was not qualified to handle it. On an emotional level, Spath blamed the defense for the resulting deadlock. Spath thought that the bureaucrat was conflating the idea that military officers could decline to follow unlawful orders with the obligation of lawyers to listen to judges. But Spath found it out of proportion, in a way that he seemed to take personally. Not war crimes, people. When a judge starts berating the courtroom to remember that he is not a Nazi, cool minds are not reflecting, on any side. Spath seemed to recognize this. The night before, he said, he had not slept. I thought maybe the treadmill would either calm me down—which it has, of course. Give me more—more reflection. It did. And I went back and looked again, and looked again. What he found is that, whatever his feelings about the defense, on a legal level the blame—and the solution—lay elsewhere. But, he said, maybe Baker was reading the law correctly; maybe Congress, in other words, had put together something that sloppy and absurd and ill-functioning. We need somebody to look at this process. We need somebody to give us direction. I would suggest it sooner than later. What was remarkable to him is that almost no one seemed as alarmed as he was. He is right about that. The Cole case is still at the pretrial-hearing stage. Is it also headed for a procedural train wreck? Federal courts have an excellent record of convicting terrorists and sending them to maximum-security or, in some cases, supermax prisons. Military commissions do not, and it is looking as if they never will. But it is time to declare military-commission bankruptcy, and move on to the federal courts. And, as much as Spath wants a higher court to help, the appeals process, in the short term, might just reveal as many conflicts as it resolves. Vladeck is involved with a case that the Supreme Court is now considering, Dalmazzi v. United States , about whether the very process of putting judges on the C. As a tangled-law bonus, the case, one of whose judges was doing double duty on the C. R, concerns a servicewoman who was court-martialled for using the drug ecstasy; her argument, basically, is that his illegal appointment made him ineligible to judge her. Another option that Spath said that he was still considering was retirement. The families of the service members on the Cole do not yet have justice. And President Trump wants to send more people to the prison. Who will judge them? Save this story Save this story. She has been at the magazine since , and, as a senior editor for many years, focussed on national security, international reporting, and features. Daily Comment. By William Finnegan. A Reporter at Large. The Agent. By Lawrence Wright. By announcing a plan to change the location of the U. Embassy, the President angered allies and set off worldwide protests. By Susan B. The Lede. By Sam Knight. Outrage and Paranoia After Hurricane Helene. These are significant things in North Carolina, where Trump and Harris are within a point of each other. By Jessica Pishko. By Benjamin Wallace-Wells. Treating political violence as a contagion could help safeguard the future of American democracy. By Michael Luo. Is It Time to Torch the Constitution? By Louis Menand. The Daily. What Are the Dads for in ? From the daily newsletter: the Vice-Presidential debate. By Molly Fischer. While Democrats engage in the traditional rite of second-guessing, the ex-President and his G. The Political Scene. Among the Gaza Protest Voters. Will their tactics persuade her, or risk throwing the election to Trump? By Andrew Marantz.

At Guantánamo, Are Even the Judges Giving Up?

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In May , a military policeman came to Ruhal Ahmed's cell in Camp Delta at the military prison in Guantanamo and took him to an interrogation room. There, he was forced to squat while the M. Then his hands were placed behind his back so that his handcuffs could also be attached to the floor ring. In this 'stress position,' the prisoner is unable to sit, stand or kneel, and can only crouch in an intermediate position that quickly causes cramping. Ahmed was familiar with this treatment, which was part of the 'standard operating procedure' used to prepare prisoners for interrogation. Ahmed had been in Guantanamo for more than a year. For weeks, the interrogators had been asking him the same question, again and again: What were he and two of his friends, who were captured with him, doing in Afghanistan in the fall of ? All three men are British Muslims. Ahmed's family originally immigrated to Great Britain from what is now Bangladesh. The men were referred to as the 'Tipton Three,' a reference to the small city in the British Midlands where they were from. On this particular day, there was also a boom box in the small, eight-square-meter square-foot interrogation cell. The soldier inserted a CD by rapper Eminem, turned up the volume and left. Did he forget his boom box? Why are you playing Eminem? The next time Ahmed was taken to the interrogation cell, the music was heavy metal instead of Eminem. The volume was earsplitting and the music was played for hours, even entire days. Sometimes they also stuck a stroboscope in front of his face. The cell was dark and he could see nothing but the flashing lights in his eyes. The interrogators also turned down the temperature on the air-conditioning, forcing Ahmed to endure hours of the music and flashing lights in an ice-cold room. He wasn't permitted to use the bathroom and was left to urinate or defecate in his pants. The shackles caused his legs to swell up while the deafening music continued incessantly. Ahmed, now 28, is back at home in Tipton, a small city near Birmingham. He has a short, trimmed beard, wears a tracksuit and speaks with a northern English accent. His wife, who is pregnant, opens the door of their apartment in a working-class neighborhood, where their two-year-old daughter is running around. Two of Ahmed's younger brothers also live in the house. He was released in March , after spending more than two years in the American military prison. Director Michael Winterbottom's award-winning film 'Road to Guantanamo' is based on the experiences of the Tipton Three -- and a journey that went terribly wrong. The three friends had traveled to Pakistan to attend a wedding in September Ahmed was 20 at the time. With a thirst for adventure, they naively crossed the border into Afghanistan, even though the 'War on Terror' was already in the works. As they tried to return to Pakistan with a group of Taliban, fighters with the Northern Alliance arrested the three men, and they were eventually turned over to the Americans. They arrived in Guantanamo in early How can art, which gives people so much pleasure, be torture? But it's true. You can handle normal torture, but not music torture. I told them everything they wanted to hear: that I had met bin Laden and Mullah Omar, and that I knew what their plans were. But I just said it to make them stop. In Guantanamo, Afghanistan and in Iraq, and in other American secret prisons, military and intelligence personnel tortured terrorism suspects. Their methods included water-boarding and sleep deprivation, as well as loud music. Prisoners were strung up by their wrists for days while being blasted with music by artists like Dr. They were bound, with headphones placed on their heads, and forced to listen to Meat Loaf for hours. They were locked into wooden boxes and forced to endure 'Saturday Night Fever' by the Bee Gees for entire nights at a time. Ironically music, the art form that has often been used to change the world and -- at events like Woodstock, Live Aid and Germany's Rock Against the Far Right -- has sometimes succeeded, was turned into a weapon in the war against terrorism. Some musicians have now sharply criticized the practice, including the British trip-hoppers Massive Attack, American industrial rock musician Trent Reznor and country star Rosanne Cash. They are demanding that pop not be used as a weapon, and they want to know how their music is being used in American prisons. British and American organizations are supporting the musicians' efforts. The National Security Archive, an American civil rights organization that fights the US government's document classification policies, has filed Freedom of Information Act petitions requesting the declassification of secret government documents on the use of music for interrogation. Employees at the National Security Archive spent weeks of research to develop the list, and it could take several more weeks before a decision is reached on the petitions. It could take months or even years for the documents to be declassified. Up until now, the secret prisons operated by the CIA and US military have been part of a shadowy world that can only be reconstructed through the painstaking analysis of documents and statements. The effort is also aimed at tracking chains of command and learning more about the system of secret prisons set up by the administration of former US President George W. The public is the activists' most important ally in this struggle. And the most effective way to win over the public is with the support of artists. The use of a music as a weapon isn't anything new. For instance, for the past few years authorities at the main railway station in Hamburg have used piped-in classical music to drive away junkies from the plaza in front of the station. When the Panamanian dictator Manuel Noriega, fleeing from US troops in , took refuge in the Vatican Embassy in Panama City, the soldiers bombarded the building for days with hard rock and other music. And in , when the FBI was preparing to storm a ranch near Waco, Texas, where members of a sect had barricaded themselves in their compound, the agents blared the Nancy Sinatra hit 'These Boots Were Made For Walking' from loudspeakers. The purpose was simple: to wear down the besieged sect members. US interrogation specialists are pursuing the same goals in the war on terrorism. The method dates back to research conducted by American and Canadian government agencies during the Cold War. It is believed that the US Army stopped using the method after the end of the Vietnam War, but the knowledge is still applied today. Bush authorized the resulting 'special interrogation methods. The method, which produces no visible traces, is also known as 'no-touch torture. It is still unclear whether a central authority controls the program. A declassified CIA document contains a few sentences that specify the volume levels to which a prisoner can be exposed, and for how long, but the rest of the document is blacked out. There are anonymous reports by FBI agents who describe how prisoners were tortured, and Tony Lagouranis, a former interrogation specialist, has even written a book about it. According to Lagouranis, an interrogation room called the 'Disco' was to be set up in a prison at the US airbase in Mosul, Iraq, in the spring of Lagouranis writes that the base commander 'pointed to a shipping container right outside the wire of the prison and described what he wanted us to do. He obtained a strobe light from aviation and a boom box from a private. He asked the guards for CDs of the most awful death metal music they had. He gave us these tools and told us to clear the container out and get it ready for use as an interrogation chamber saying, with finality: I want to do this. The specialists used these rooms to conduct their prisoner interrogations. Sometimes, says former British prisoner Ruhal Ahmed, they would come into the room and shout questions into his ear. But often no one came into the room, and the constant music only increased the sensation that the agony would never end. Before that, when I was beaten, I could use my imagination to forget the pain. But the music makes you completely disoriented. It takes over your brain. You lose control and start to hallucinate. You're pushed to a threshold, and you realize that insanity is lurking on the other side. And once you cross that line, there's no going back. I saw that threshold several times. Suzanne Cusick, a professor at New York University, specializes in European music of the 17th century. For the past few years, however, she has studied the use of music in torture, and she has given many talks on the subject. She says she is constantly surprised by how casually the issue is treated and how the notion that music could be a means of torture is so readily dismissed -- and that there are those who seriously discuss which songs and styles are best suited for torture. But why music and why not just loud noise? Noise often is not. Furthermore, for some sects of Islam, listening to music is sinful, except under specific circumstances. And the circumstances are vocal music. Vocal music that is made to lead the listener to an apprehension of the divine. It's never instrumental music. Forcing them to listen to it is a kind of cultural insult. The music itself tells us a lot about the cultural preferences of American soldiers and contracters. The list of songs used to torture prisoners in Guantanamo reads like a book about popular culture of the last 30 years. There are triumphant songs, songs used to celebrate American victory and constantly rub in the notion that the prisoners were the defeated, songs like Queen's 'We Are the Champions' or Bruce Springsteen's 'Born in the USA,' which is still misunderstood as a salute to American greatness and self-certainty. The song 'Babylon,' by British soft-rocker David Gray, probably also fits into this category. And there is the male-oriented, top-of-the-charts music, the country music, the mainstream rock and the hip hop -- music the soldiers listen to while on patrol, partly to drown out their surroundings. And because it's the kind of music they like to listen to, it doesn't bother them as much when they constantly hear it coming from the interrogation cells. Finally, there is pop music, songs by artists like Christina Aguilera and Britney Spears that were used for the purpose of sexual humiliation -- as a part of wider scenarios in which the prisoners were debased. Pop has great emancipating power, but there is also a long tradition of rebellious styles of music that are constantly flirting with torture, music made to grate on the nerves of parents. As it happens, many a rock song is just as likely to end up in Guantanamo as being performed on a stage at a Live Aid concert -- Bono Vox and all Rock against the Radical Right ventures notwithstanding. The American band Metallica, founded in Los Angeles in and still one of the world's best metal bands, doesn't side with the activists, either. In interviews, lead singer James Hetfield has even said that he was pleased to hear that his music was being used to torture prisoners. There is probably a dose of patriotism behind his remarks. Hetfield sees himself as someone who is helping American troops defeat the enemy. But they also reflect a peculiar form of pride in his craft. Why should the Iraqis be any different? In fact, metal, more than other styles of music, is a direct product of a young man's hell, music that tells of the anguish and pain of being a young man. For many fans, going to metal concerts is also a way of proving to themselves that they can stand the music, no matter how jarring. In interrogations, the tables are turned, and prisoners are forcibly taken beyond the limits of the endurable. There are also technical developments in the pop music of the last 30 years that have made it suitable for use in interrogation cells in the first place. Take, for example, the obsessive efforts of sound engineers to extract every last bit of the frequencies using sophisticated studio techniques. And in the fringe zones of pop culture, such as industrial music, bands like Throbbing Gristle and Psychic TV were already experimenting, back in the s, with the idea that music can also express the dark side of power and violence. You want to be transported into ecstasy. We experienced exactly the same thing, except that it was turned on its head,' says Ahmed. In , after more than two years, Ahmed was released from Guantanamo into a world in which music is everywhere, in every commercial, in every shop and in every taxicab. But Ahmed says that it doesn't bother him. He says that he saw many people who almost went insane, people in the camp who would bang their heads against the wall and try to kill themselves when they were brought back from the interrogations. When Ahmed returned to the United Kingdom, a psychologist told him that he was probably lucky to be so young. Ahmed now lives the curious life of a former Guantanamo prisoner. He has started a family with his current wife, a former schoolmate whom he married shortly after his return home. He rarely has work in Tipton, where unemployment is high. Life will become more difficult for the couple when Ahmed's wife gives birth in February and will no longer be able to work. She now has a job with the city administration. An enormous multimedia system stands in the couple's living room, which Ahmed bought with the money he earned working on 'Road to Guantanamo. He uses Facebook to stay in touch with other ex-prisoners. He says that a former Guantanamo guard recently contacted him through Facebook and wrote that he wanted to apologize. The two men went to a restaurant together. A shelf in Ahmed's apartment contains a Koran and a few old cassettes with recordings of prayers. He doesn't own a single CD. When music is used as a weapon: At the Guantanamo prison for suspected terrorists, prisoners were systematically tortured with Hip Hop beats and heavy metal riffs. The prisoners were bound and headphones placed on their heads. Humiliation with Hip Hop beats: Prisoners had to listen for hours at a time to deafening music, including that of American rappers Eminem, 50 Cent or Dr. Bruce Springsteen: 'Born in the USA' is still misunderstood by many as a salute to American greatness and self-certainty. An odd sense of pride: Metallica singer James Hetfield appears to be pleased his band's songs were chosen for torture. Nu metal group Drowning Pool don't seem to have much of a problem with the fact that their music has been used as torture, either. Zum Inhalt springen. News Ticker Magazin Audio Account. Warum ist das wichtig? Artists Fight Back Some musicians have now sharply criticized the practice, including the British trip-hoppers Massive Attack, American industrial rock musician Trent Reznor and country star Rosanne Cash. A Shadowy World Up until now, the secret prisons operated by the CIA and US military have been part of a shadowy world that can only be reconstructed through the painstaking analysis of documents and statements. Flooding the Senses US interrogation specialists are pursuing the same goals in the war on terrorism. Britney as Torture The list of songs used to torture prisoners in Guantanamo reads like a book about popular culture of the last 30 years. Translated from the German by Christopher Sultan. Die Wiedergabe wurde unterbrochen. Audio Player minimieren. Foto: DDP. Songs by singers like Britney Spears Helfen Sie uns, besser zu werden. Haben Sie einen Fehler im Text gefunden, auf den Sie uns hinweisen wollen? Oder gibt es ein technisches Problem? 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