[News] Chicago's Abu Ghraib
Anti-Imperialist News
news at freedomarchives.org
Thu May 11 15:13:54 EDT 2006
Tuesday, May 9th, 2006
http://www.democracynow.org/article.pl?sid=06/05/09/1415210
Chicago's Abu Ghraib: UN Committee Against
Torture Hears Report on How Police Tortured Over
135 African-American Men Inside Chicago Jails
----------
For nearly two decades a part of the citys jails
known as Area 2 was the epicenter for what has
been described as the systematic torture of
dozens of African-American males by Chicago
police officers. In total, more than 135 people
say they were subjected to abuse including having
guns forced into their mouths, bags places over
their heads, and electric shocks inflicted to
their genitals. Four men have been released from
death row after government investigators
concluded torture led to their wrongful
convictions. [includes rush transcript]
----------
Extraordinary rendition. Overseas prisons. Abu
Ghraib. Guantanamo Bay. Practices and places that
have become synonymous with the abuse of
detainees in US custody are getting renewed
attention at the United Nations this week, where
the UN Committee Against Torture is holding
hearings on U.S. compliance with its
international obligations. But there is one name
expected to arise this week that few people in
this country will have heard about and its the one thats closest to home.
Its called Area 2. And for nearly two decades
beginning in 1971, it was the epicenter for what
has been described as the systematic torture of
dozens of African-American males by Chicago
police officers. In total, more than 135 people
say they were subjected to abuse including having
guns forced into their mouths, bags places over
their heads, and electric shocks inflicted to
their genitals. Four men have been released from
death row after government investigators
concluded torture led to their wrongful convictions.
Yet the case around Area 2 is nowhere near a
resolution -- to date, not one Chicago police
officer has been charged with any crime.
The most prominent officer, former police
commander Jon Burge, was dismissed in the early
1990s. He retired to Florida where he continues
to collect a pension. Today, a special prosecutor
is now in the fourth year of an investigation.
Just last week, a group of Chicago police
officers won a court ruling to delay the release
of the prosecutors preliminary report.
* David Bates, one of dozens of men to come
forward with allegations of abuse at the hands of the Chicago police.
* Flint Taylor, an attorney with the Peoples
Law Office in Chicago, which he helped found in
the late 1960s. He has represented many of the
torture victims and was directly involved in
spearheading the special prosecutors investigation.
* John Conroy a journalist and author who has
covered the case for over a decade. He has
written several articles for the Chicago Reader,
and is the author of the book "Unspeakable Acts,
Ordinary People: The Dynamics of Torture."
----------
RUSH TRANSCRIPT
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more...
AMY GOODMAN: We go now to Chicago, where we're
joined by three guests: David Bates, Flint Taylor
and John Conroy. David Bates is one of dozens of
men to come forward with allegations of abuse at
the hands of the Chicago police. Flint Taylor is
an attorney with the People's Law Office in
Chicago, which he helped found in the late 1960s.
He has represented many of the torture victims
and was directly involved in spearheading the
special prosecutor's investigation. And John
Conroy is a journalist and author who's covered
the case for over a decade. Hes written several
articles for the Chicago Reader and is the author
of the book, Unspeakable Acts, Ordinary People:
The Dynamics of Torture. We welcome you all to
Democracy Now! I want to begin with Flint Taylor
for an overview. You have been working on this
case for years. You have represented people who
said they were tortured. Give us the scope of this story.
FLINT TAYLOR: Well, the scope started out with
one man who was tortured by electric shock and
having a plastic bag put over his head and being
beaten by Jon Burge and others at the Area 2
police station. He, on his own, brought a lawsuit
in the mid-80s. That lawsuit, we got involved
in, and over the years we were able to uncover,
with the help of journalists such as John Conroy,
others such as David Bates, who had also been
tortured and had told their stories in various
courts, but no one had put all this evidence together.
e were able to assimilate, over many years, over
60 cases of torture, and when I say torture, I
mean electric shock, I mean suffocation with
bags, I mean mock executions, I mean racial
attacks, that kind of thing. And they were all
coming out of the same station, and they were all
headed up by this man, Jon Burge, who came out of
Vietnam, started out as a detective and quickly
rose in the ranks through sergeant, lieutenant
and commander. This went on -- the actual
documentation now shows that this went on for
over 20 years, from 1972 to 1992, when in fact
Burge was finally, after community outrage, suspended and fired from his job.
As you said, he has never been prosecuted. The
State's Attorney of Cook County at the time this
evidence first came to light in the mid-80s was
none other than the now major Richard Daley. The
Superintendent of Police at that time contacted
him with the evidence of torture and said, Are
you going to prosecute this? Daley did not
intervene or prosecute at that time. Later on,
his first assistant, Richard Devine, became
States Attorney of Cook County. Remarkably,
Devine, while he was in private practice, had
been Burges lawyer, defending many of these
civil cases. He then became prosecutor in 1997.
Of course, he did nothing either, because his
clients were the ones that needed to be
investigated. So for 20, 25, 30 years, no one in
the prosecutor's office, the current mayor or the
current state's attorney, no one else did any investigation.
Finally, the community outrage was so strong with
regard to all of that that a special prosecutor
was appointed. That was four years ago, as you
said. Four years of investigation has led to his
publicly saying that he now has 192 cases of
torture and abuse at Area 2 and later at the Area
3 station, where Burge was transferred to later
on. He now is talking about releasing a report.
He still is not talking about indicting anybody.
The rumor has it that, because it is so long,
that we're going to have a catch-22 situation,
and we're going to have the statute of
limitations invoked by the special prosecutor,
who's going to release a report but say it's too late to indict anybody.
Of course, we all say that that's ridiculous,
that there are ongoing conspiracy allegations and
evidence that there's an obstruction of justice
going on in the various courts. There's perjury
going on. So, no one's going to be satisfied if,
in fact, all that happens is a report, no matter
how damning the report may be. So the struggle
here in Chicago continues and will continue, as
long as people are still in jail because of the
confessions that were tortured from them, and as
long as Burge and others sit in Florida and other
places and collect hundreds of thousands and even
millions of dollars in police pensions, rather
than to face criminal charges, whether they be
state charges, federal charges or charges before
the International Court of Justice.
AMY GOODMAN: We are also joined by David Bates.
Can you tell us what happened to you? When did it
happen? Tell us the whole course of events.
DAVID BATES: Well, I believe it was October the
28th or 29th of 1983, when a few officers knocked
on my mom's door and announced that they were
police officers and let my mom know that Ill be
taken away and that Ill be coming home shortly.
There were supposed to be some questions
regarding a case. Of course, I got to the police
station. I was questioned. I let the officers or
detectives know that I had nothing to do with the
case. I knew nothing. This went on for two days.
At that time, it was five sessions of torture,
starting with two with slaps and kicks and
threats. It was two particular sessions of
torture that was very devastating, in which a
plastic bag was placed over my head. I was
punched and kicked. And Ill tell you, when you
talk about torture, you're talking about
individuals who, most part, were young, had a few
brushes with the law, but never in a million
years thought that they would have a plastic bag placed over their head.
More importantly, the torture has never been
resolved. No one has ever owned up to the
torture. So we have hundreds of individuals who
have psychologically been warped, been destroyed.
There's never been any clinical resolution to the
torture. No one has owned up to it.
And I tell you, the fact that this attorney and
this journalist have spent years trying to
uncover the truth and community organizations and
individuals -- we're talking about a city. We're
talking about a state. We're talking about
legislators, who have not looked into the issue
of torture, and I say it's a shame. And I would
like to commend these gentlemen for working hard
to bring the issue of torture out. But I say it's
time for the legislators and mayor and
individuals who had firsthand knowledge of it to
come clean with it and bring these individuals to justice.
AMY GOODMAN: Flint Taylor, I remember years ago
with a especially active group of mothers,
mothers in Chicago of men on death row, who kept
raising the issue of this police commander,
Burge, and saying that their sons had been
tortured, that one had engraved in a metal bench
in the police station, I am tortured, Im forced
to confess, something like that. What about
this? What about death row cases, where men ended up on death row?
FLINT TAYLOR: That's been a major, major piece of
this whole struggle against police torture. In
the early and mid-90s, the movement against
police torture and for human rights came together
with the anti-death penalty movement here in
Chicago and raised a very strong set of voices,
some of whom youve just mentioned. For people,
there were at least ten to twelve people on death
row here in Illinois who alleged and had evidence
to show that Burge and his men had tortured them
into giving confessions, one of whom was Aaron
Patterson, whom you just mentioned, who during a
break in one of his torture sessions etched in a
bench that he had been suffocated with a bag and
was being tortured. That later came out.
Ultimately, due to the combination of the
factors, and articles that John wrote, and
speaking out by David and others in the
community, and the work of various lawyers,
Governor Ryan looked at all of these cases, and
as you know, he not only commuted the sentence of
all of those on death row, some 160-odd people,
but he looked specifically at four cases of
torture by Burge and others and found that those
individuals were innocent, that they had been
tortured into giving false confession, and he
gave full innocence pardons to those four
individuals. Thats Aaron Patterson, Stanley
Howard, Madison Hobley and Leroy Orange.
Those four men are now fortunate enough -- and
I put that with quotes around it -- to be able
to, because they've been exonerated, bring
lawsuits in federal courts. So there is not only
the special prosecutor, but there are these
lawsuits by the individuals who have been
pardoned in federal court, where we are fighting
the issues of torture and bringing out evidence in that forum, as well.
And there's an obstruction of justice going on in
that courtroom, as well as against the special
prosecutor, as the city has paid over $5 million
to a set of private lawyers to represent the
police officers, including Burge, in all these
cases. Burge now and his men -- and there's now
over 50 detectives that are named in one or more
of these192 cases -- they are all getting free
lawyers, and theyre getting the advice from the
city-paid lawyers to take the Fifth Amendment. So
you now have the spectacle of, in these federal
cases and in front of the special prosecutor,
that former and present law enforcement officers,
rather than to answer questions about whether
they tortured and abused people like David Bates
and the men on death row, they have all lined up
and taken the Fifth Amendment as to each and
every allegation of police torture.
AMY GOODMAN: John Conroy, youre a journalist and
author. You've covered the torture case for over
a decade for the Chicago Reader, and you wrote
the book, Unspeakable Acts, Ordinary People: The
Dynamics of Torture. How has this taken so long
to come out, though it has come out in parts over
the years and in certain communities well-known?
And now the question of whether, in fact, it will
be released, this report that among other people
calling for this, four black aldermen are calling
for the public release of this report.
JOHN CONROY: Well, it hasn't taken that long to
be out. It was out in 1990, when we did the story
in the Chicago Reader, the first story, and weve
done more than 100,000 words since. And I think
that what's dragged on -- the reason why it's
dragged on -- I differ with the estimable Mr.
Taylor here on this -- is that there is no
community outrage. People don't care. As in every
society in which people are tortured, there's a
torture book class in Chicago. It's African
American men, most of them with criminal records.
And theyre just beyond the pale of our compassion. We just don't care.
And that's why it's taken 15 years for you
probably to do this program and many others now
interested in this report, when the information
has been out there for a very long time. The New
York Times, I think, its covered this twice:
once, when the men were pardoned; and once, when
there was a float in the St. Patrick's Day parade
that was going to honor four of the officers who
had been accused, and the float never came to be
in the parade, but there was a controversy about
it. So, that shows you, I think, the level of
concern in the United States about this issue.
AMY GOODMAN: We are talking to John Conroy,
author of Unspeakable Acts, Ordinary People: The
Dynamics of Torture. We're also joined by David
Bates, a torture victim, and Flint Taylor, an
attorney who has worked on this case for decades.
[break]
AMY GOODMAN: Our guests in the Chicago studio are
John Conroy, who is a journalist and author,
covered the torture case for over a decade for
the Chicago Reader, author of Unspeakable Acts,
Ordinary People: The Dynamics of Torture; David
Bates is also with us, as is Flint Taylor,
attorney with the People's Law Office in Chicago.
David Bates, are you going to sue the police department?
DAVID BATES: Well, I have to consult with my
attorneys regarding that. Ill just have to say
that in conjunction with what Flint said and
John, this has been going on for so long, and
there hasn't been the outrage needed to bring
attention to the torture in order to get those
convictions. But, again, I just want to commend
individuals who have been tirelessly working to
keep this issue of torture in the news. We have
to look at this from a human perspective. These
are individuals who were tortured and beaten at
the hands of people who basically are supposed to
serve and protect them. And imagine keeping this
thing and not being able to talk to people about
this. A lot of these gentlemen went to prison and
served long stints of time incarcerated. There
was no one to talk to about the torture. Even
contact with public officials or community
leaders, it was no one to talk to about it. And,
again, I just want to commend everybody for
coming on board with this issue. But there's a lot need to be done.
AMY GOODMAN: David Bates, did you hear about this
happening to other people at the time that this happened to you?
DAVID BATES: Well, see, the problem comes in, is
that when youre in prison and you're in an
environment like that, you do not want to let
anyone know that you made a confession, whether
you were tortured, whatever -- however you made
the confession, it was not in your best interest
to expose that while you were in prison. You
would be considered weak. So, imagine these
individuals in prison not able to even seek legal
help and advice. I liken it to being raped,
honestly. Individuals not able to be -- go for
help. Then, when you did go for help, when you
had the opportunity to go for help, people said
it didnt happen. So, I tell you, when you get
rid of all -- when you get down to the human
aspect of this problem, you're going to deal with
a lot of sick men, a lot of sick men that need
clinical -- some type of clinical help to deal with the torture.
AMY GOODMAN: David Bates, when you saw the
pictures at Abu Ghraib, what were your thoughts?
DAVID BATES: Well, the pictures, Ill say this.
My thoughts on the whole process was: how the
hell did they get hearings, and torture from
anywhere is wrong. But as weve spoke on, this
torture has taken place for over two to three
decades in America, on the Southside of Chicago.
Why didn't we have public hearings? Why didn't
the state legislators come in and do
investigations? We actually had to go outside the
country to an international court to deal with
police torture. On October the 14th, the People's
Law Office and other attorneys met in front of
the Organization of American States to bring
attention to the issue of torture, and we're
looking for delegation of individuals to come in
and to ask Mayor Daley questions that he hasn't
been able to answer to the public since this Jon
Burge stuff has been going on. And I tell you,
it's going to be an embarrassment to a lot of
people, but like my good friend Conroy said, they've been knowing about it.
AMY GOODMAN: Let me ask about the knowledge to
the very top. Some are saying -- and I want to
put this question to Flint Taylor, attorney with
the People's Law Office in Chicago -- that the
report could well implicate, as you were talking
about, the State's Attorney, Richard Daley, his
assistant Richard Devine, who now holds the top
job. Can you talk more about how they knew, the
whole issue of them being told early on?
FLINT TAYLOR: Well, as I said, Richard Daley was
previously the States Attorney of Cook County.
In 1982, when one of the major -- the first major
case broke with regard to police torture, the
Andrew Wilson case, the superintendent of police
was informed by the head of the hospital, the
prison hospital where Andrew Wilson was being
held, that there was serious evidence of torture,
that Andrew Wilson not only said, but had
physical evidence that supported the conclusion
that he had been tortured by electric shock, by
beating, and he had 15 injuries all over him,
burns and everything like that. And the head of
the hospital was so shocked, he brought it
straight to the superintendent of police.
The superintendent of police then brought it
straight to Richard Daley. He knew that Andrew
Wilson had been charged with very serious
offenses, shooting two police officers and
killing them. So Daley decided that rather than
to investigate the criminal activities of Jon
Burge in torturing Andrew Wilson, that that
would, in fact, undercut and undermine, he
thought, the prosecution of Wilson, so he did
nothing. He did no prosecution at that time.
He then presided over the next eight years over
the State's Attorney's office, which was
complicit in taking over 55 confessions from 55
different victims of Burge and police torture. In
all of those or many of those cases in the
individual courts, there was testimony from those
victims that they had been tortured. However,
Daley defended all those cases, put all those
people behind bars, many of them on death row,
and in no instance did he investigate the
continuing allegations that were coming out of
Burge's police headquarters that people were
tortured. Daley then went on to be the mayor of the City of Chicago.
There was -- and John and I disagree in the sense
that there had been at times public outrage. The
public outrage reaches certain proportions at
different times. We're at one those key points
again today. We had been in the early 90s. And
one the reasons for that was this Andrew Wilson
trial that brought out all this evidence and put
together all these different allegations of
torture. Because of all of that, the police
department was forced to reinvestigate. This was in the early 1990s.
They put an honest investigator in charge of the
investigation, and lo and behold, he came to an
obvious conclusion. He said there was systematic
torture at Area 2. He said he had looked at 50
cases, and there was systematic torture. Well,
what did the superintendent of police do? He
suppressed that report. He then met with the
mayor of the City of Chicago, after we had gotten
that report released by a judge, and he and the
mayor, who is now Richard Daley, instead of
saying, Now we have the evidence to prosecute.
Now we should proceed. Now we should lock Burge
up, what did they do? They not only attempted to
suppress the report, but then they went publicly
and discredited it. Daley stepped forward and
said, These are only rumors and innuendo. So,
at every point, as Ive mentioned, Daley, rather
than taking his responsibility as chief law
enforcement officer and chief executive officer
of the City of Chicago, moved to suppress and to do nothing.
AMY GOODMAN: Legally -- let me ask you, Flint
Taylor. Legally, if crimes are known about, and
they are covered up, is Mayor Daley criminally liable?
FLINT TAYLOR: Well, at this point, is he
criminally liable? I suppose you could see him a
co-conspirator, in that it was certain
obstruction of justice over the years, certainly.
But I think at this point what we're looking is
if a special prosecutor comes out with a report
and says, I can't indict, because it's too
late, then the people of the city of Chicago
have to look in two directions. They have to look
backwards to Daley and Devine and say, Well, the
special prosecutor was hamstrung by the fact that
Daley and Devine didn't act when they should
have, and then we have to look forward and say,
That's not sufficient. That's not right.
There are continuing criminal violations here,
and if the special prosecutor won't do anything
about them, then Fitzgerald, who is the U.S.
Attorney here and who, of course, has made his
name in the Valerie Plame case and has already
indicted Daley's people in a wide-ranging truck
scandal, he has to open his investigation into
federal RICO or racketeering charges, as well as
obstruction of justice and perjury. And as David
has mentioned, it has been taken to the
international forum, not only last fall to the
Inter-American Commission on Human Rights, which
is the Organization of American States, who is
still looking into this issue, but this past week
and right now, it's been presented to the
Committee Against Torture of the United Nations
in Geneva, and one of our people has spoken with
and presented evidence to the Committee Against
Torture, and that committee has ordered the
government to respond and to speak to the issues
of torture here in this country. And in its
concluding remarks, it put with Abu Ghraib and
put with Guantanamo the situation of Chicago.
And so, perhaps there's not enough public outrage
here, but the international community is looking
at it in a very strong way, and to hear Chicago
put in the same breath with Guantanamo and Abu
Ghraib is something that -- if that doesn't wake
up the powers that be here in the City of Chicago
and that doesn't wake up the U.S. Attorneys
office and that doesnt, in fact, put on the
carpet the States Attorney of Cook County and
the Mayor of the City of Chicago, I don't know what will.
AMY GOODMAN: John Conroy, the Midwest Coalition
for Human Rights will present a report that
includes the Chicago torture allegations to the
U.N. Human Rights Commission. How significant is
this? And, finally, why do you call your book
Unspeakable Acts, Ordinary People?
JOHN CONROY: Well, let me take the second
question first. I call the book Unspeakable
Acts, Ordinary People, because torture is always
done by -- we want our torturers to be monsters,
but it turns out that they're just ordinary
people like you and me. And I can go back and
cite you all kinds of psychological experiments
in which they have found that people will do
extraordinary things, inflicting pain on other
people, if they are simply ordered to do so,
simply following orders someone else is taking
responsibility. And it doesn't require any sort
of a twisted mind to do this. We are all -- most
of us are given to obedience. And so, Ive
interviewed torturers from around the world,
former torturers, and they all struck me as very ordinary men.
How significant the international attention will
be remains to be seen. It's a unique turn, and
it's somewhat thrilling, I think, for those of us
who have been watching this for a long time to
see it finally raise to the level of being
mentioned in a phrase with Abu Ghraib and
Guantanamo. But whether this will just be one of
those media -- you know, where the media comes in
for a day or two and then leaves remains to be seen.
AMY GOODMAN: And what's the timetable on this?
JOHN CONROY: The special prosecutor is supposed
to -- Im sorry. The judge who oversees the
prosecutor is supposed to rule, I believe, on the
12th of May, as to whether the report will be released or not.
AMY GOODMAN: That will be Friday, and we will
certainly follow it up. I want to thank you all
for being with us: David Bates, torture victim
himself, telling his own story; Flint Taylor,
attorney with the People's Law Office in Chicago,
who has represented many of the victims; and John
Conroy, who has written about this for years for
the Chicago Reader, author of Unspeakable Acts,
Ordinary People: The Dynamics of Torture.
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