Los Angeles County Jail has just installed an Assault Intervention Device ''' an invisible microwave-beam weapon originally developed by the military ''' as a way to subdue inmates by focusing a microwave beam on them to make them feel "intolerable heat."

Sheriff Lee Baca unveiled this giant robot-like device at a news conference last week, noting the "The Assault Intervention Device appears uniquely suited to address some of the more difficult inmate violence issues," since it will "allow us to quickly intervene without having to enter the area and without incapacitating or injuring either combatant."

The claim that the 7 '_-foot tall high-power microwave device ''' dubbed the "Pain Ray" by the media ''' will cause no injury is highly dubious, to say the least: There is good evidence from the United States military that it is capable of inflicting not only intolerable pain, but death.

The ACLU and the ACLU of Southern California sent a letter today to Sheriff Baca, demanding an assurance that he will never use the high power microwave device against the inmates of the Los Angeles County Jails.

The device, developed by the Raytheon Company of Waltham, Mass., was dubbed the "Active Denial System" (ADS) in its original military incarnation and was mounted on trucks for "crowd control," evidently intended to be used against protesters outside American military bases. The U.S. Justice Department claimed that the device "does not cause permanent injury" ''' but that claim has been shown to be false.

In September 2006, the Secretary of the Air Force said the ADS should be used for crowd control in the U.S. to prove its harmlessness before deployment on the battlefield, or he would be "vilified" in the world press. While the device was being tested by the Air Force, however, a miscalibration of its power settings caused five airmen in its path to suffer lasting burns, including one whose injuries were so severe that he was airlifted to an off-base burn treatment center.

A 2008 report by noted physicist and less-lethal weapons expert Joergan Altmann explained that the ADS device's microwave beam heats the skin without lasting harm only if the beam is switched off immediately once a temperature of 122 F. is reached ''' and then only if the beam is not retriggered. Dr. Altmann noted:

The power and duration of emission for one trigger event is controlled by a software program. Model calculations show that with the highest power setting, second- and third-degree burns with complete dermal necrosis will occur after less than 2 seconds. Even with a lower setting of power or duration there is the possibility for the operator to re-trigger immediately. ''_ As a consequence, the ADS provides the technical possibility to produce burns of second and third degree.

Further, the Altmann report said, the possibility of retriggering on the same subject puts avoidance of burns at the discretion of the weapons operator: "Without a technical device that reliably prevents retriggering on the same target subject, the ADS has a potential to produce permanent injury or death."

The notion that a military weapon intended to cause intolerable pain ''' and so capable of causing lethal injury when used for crowd control ''' should now be used against county jail inmates is staggeringly wrongheaded. It is all the more disturbing that the use of the Pain Ray is being entrusted to the deputies of L.A. County Jail, where the long-troubled history of deputy violence, retaliation and abuse against inmates, as well as a subculture of falsification of official records, has been documented by the ACLU in its role as court-appointed monitor of the jails in the federal litigation Rutherford v. Block.

Moreover, inmates at the jail ''' most of whom are not convicted, but awaiting trial ''' will not be the only potential victims of this Star Wars technology's domestic use. We could all get burned. The Justice Department's National Justice Institute specifically developed the smaller, portable version of the microwave weapon ''' the device that Sheriff Baca is now preparing to deploy against detainees in L.A. County Jail ''' for use in the homeland, and not only by corrections officials against unruly inmates, but by law enforcement officers for civilian "crowd control."

Date

Thursday, August 26, 2010 - 12:00am

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Since shortly after Naji Hamdan, an American citizen, was arrested and held incommunicado in the United Arab Emirates in 2008, the ACLU of Southern California has been working to obtain the truth about why the U.A.E. held, tortured, and charged Mr. Hamdan as part of the U.S.'s controversial "proxy detention" program.

Today, the ACLU of Southern California filed a lawsuit in federal district court in Los Angeles seeking to require U.S. national security agencies to release this information.

Proxy detention is the practice of the U.S. government using foreign allies to detain and interrogate terror suspects. The ACLU believes Mr. Hamdan is one of hundreds of people whom the United Nations and human rights organizations estimate the U.S. has subjected to this practice. Under proxy detention, the U.S. can subject individuals to indefinite detention, interrogation, and torture without accountability.

Mr. Hamdan spent his first three months in captivity in a secret prison somewhere in Abu Dhabi - held in solitary confinement, stripped and left in refrigerated rooms. Forced to confess under torture to a shifting array of accusations, he was released after more than a year following intervention by the ACLU and others.

In January 2009, the ACLU of Southern California filed a Freedom of Information Act request to the CIA, FBI and other intelligence agencies seeking information about the U.S. government's role in Mr. Hamdan's detention, interrogation and torture in the U.A.E.

Our request fell on deaf ears, so today, the ACLU of Southern California and the law firm of Traber & Voorhees filed a lawsuit to enforce that FOIA request.

While it is no secret that the government has increasingly relied on the cooperation of foreign governments for secret national security detentions, the details of the program remain shrouded in secrecy. The American public needs to know whether the U.S. government was responsible for Mr. Hamdan's unexplained detention and for handing him over to be tortured. Mr. Hamdan has previously stated that he heard the voice of an individual speaking unmistakably American English during one of his interrogation sessions.

Mr. Hamdan's nightmare marked the culmination of a decade of surveillance by the FBI, beginning two years before 9/11, when FBI agents would frequently visit his home and his workplace for questioning, and also question his relatives and associates. Federal agents also routinely stopped him for questioning at the airport. FBI agents scrutinized his business and his financial transactions. Agents from the FBI's Los Angeles Field Office even flew to Abu Dhabi to question Mr. Hamdan after he moved to the U.A.E.

Despite the years of surveillance, the U.S. government apparently never found evidence of criminal activity. Mr. Hamdan has never been charged with a crime under U.S. law.

Date

Wednesday, August 18, 2010 - 12:00am

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LOS ANGELES – Seeking to uncover information about the U.S. government’s 2008 overseas “proxy detention” of American citizen Naji Hamdan, the American Civil Liberties Union of Southern California filed a lawsuit in federal district court here today. The suit asks the CIA, the FBI, the National Security Agency, and other intelligence agencies to turn over records about their surveillance of Mr. Hamdan in the United States, and their involvement in his detention and torture in Abu Dhabi, in the United Arab Emirates.

The suit results from the failure of these intelligence agencies to release any information about Mr. Hamdan under the Freedom of Information Act in response to a request from the ACLU/SC filed in January 2010.

Mr. Hamdan lived for two decades in the Los Angeles area, where he ran an auto-parts business and helped manage the Islamic Center of Hawthorne, a mosque and community center. He and his family were living in the U.A.E. when its security forces arrested him in August 2008 – allegedly at the behest of the U.S. government. Agents put a hood over his head, forced him into a vehicle, and took him to a secret prison somewhere in Abu Dhabi, where he was held for months without charge and tortured, according to the ACLU/SC complaint. Mr. Hamdan believes that at least one American man participated in his interrogation and torture in the U.A.E.

The Obama Administration has increasingly relied on foreign governments as their proxy to detain and interrogate terrorism suspects – a practice known as “proxy detention” – in recent years, as the government has closed CIA black sites and reduced the practice of extraordinary rendition. Although the number of people currently in the custody of foreign governments at the U.S. government’s request remains unknown, a 2010 United Nations Human Rights Council Joint Study documented 35 confirmed cases of individuals who were held in proxy detention.

“This suit seeks to shed light on the U.S. government’s practice of contracting with foreign governments to detain, interrogate, and often torture individuals it suspects – rightly or wrongly – of having connections to terrorism, because the U.S. cannot lawfully engage in these tactics itself,” said Jennie Pasquarella, an ACLU/SC staff attorney. “The American public deserves to know about our government’s practice of using other foreign governments –that are known to torture detainees – as our proxy to detain and interrogate people outside the rule of law. The public has a right to know how many other people, like Naji Hamdan, are currently detained in secret, without charge, and subjected to torture and other inhumane practices at our government’s request.”

Mr. Hamdan was secretly detained in the U.A.E. for three months until the ACLU/SC filed suit in November 2008 against the U.S. government for Mr. Hamdan’s illegal detention. One week after the suit was filed, Mr. Hamdan was released from secret detention but was transferred to an official U.A.E. prison and charged with vague counts of terrorism. One year later, the U.A.E. convicted Mr. Hamdan of unspecified crimes. Prosecutors introduced no evidence to support the charges, and the court sentenced him to time served without stating what offense he had committed. Mr. Hamdan was released in October 2009, after a more than 13-month campaign by the ACLU/SC and other human rights groups. He lives with his family in Lebanon.

Attorneys Laboni Hoq and Bert Voorhees from the law firm of Traber & Voorhees are co-counsel on the case with the ACLU/SC.

Date

Wednesday, August 18, 2010 - 12:00am

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