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—Constitution of the United States of America, Article 2, Section 4

Broken Treaties
Anti-torture event denounces Bush administration's policies
By Dennis Taylor
Monterey County Herald, November 24, 2008
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Participants in the anti-torture teach-in and vigil at Pvt. Bolio Road near the Defense Language Institute in Monterey wave at passersby on Saturday.
Source: Orville Myers, The Herald

Newly elected State Assemblyman Bill Monning expressed optimism Saturday that President-elect Barack Obama will honor his stated commitment to close the military prison at Guantanamo Bay. And, Monning is hopeful Obama will enforce the domestic and international laws that he said have been ignored by the Bush-Cheney administration.

Monning, who will be sworn in on Dec. 1 to represent California's 27th District, spoke to a small crowd assembled beneath a blue and white tent that was set up on a patch of land between Lighthouse Avenue and the Pvt. Bolio gate of the Defense Language Institute.

The three-day event, billed as an anti-torture teach-in and vigil, continues today, beginning with a community breakfast at 8 a.m., and featuring speakers throughout the day. The complete schedule can be viewed online at www.peacemonterey.org.

Monning, a lawyer and a professor at the Monterey Institute for International Studies, said the current White House administration trampled on the United States Constitution and ignored international law in a multitude of ways, with Guantanamo being a glaring example.

"As this encampment maintains its vigil today in opposition of torture, it's important to remember all the lives that have been broken and ruined, and the violation of U.S. and international law that has precipitated the use of torture," he said. "If an international treaty is ratified by two-thirds of the U.S. Senate, it becomes domestic law. It becomes enforceable in our state and federal courts. The violations of the Bush-Cheney administration in contravening U.S. treaty obligations has violated not only international law, but our own U.S. Constitution."

Monning specifically cited the Bush administration's passage of the Military Commissions Act, which enabled the U.S. military to incarcerate more than 775 mostly-Muslim prisoners without charges and without representation.

Of those being held, Monning said three have committed suicide, 24 have died from injuries received from torture, 40 have attempted suicide, and 128 were forcibly fed while trying to fast in protest of conditions at the prison.

"The good news is that President-elect Obama has made a commitment to close Guantanamo and afford due process to the majority of captives," he said. "That's worthy of applause, but there's still a long way to go."

Much of the onus for enacting change falls on the public, he said.

"I think it's important that we continue to lobby for due process for all captives and reverse this tragic and embarrassing era in U.S. history," he said. "These instruments (rule of law and constitutional rights) give us the tools to organize and to educate, but they only become living instruments if we demand their enforcement."

Monning urged people to write letters and op-ed pieces in newspapers, and be vocal with their legislators.

"It's important to make people understand that we violate our own constitution when we don't recognize the domestic application of these instruments," he said.

Organizers of the third-year event survived a minor dust-up Friday afternoon with officials from the DLI and military police, who demanded that the demonstrators move their tent two hours before the first speaker was due to step to the microphone.

"They have a permit from the city of Monterey to be on this piece of land, which is owned by the military, but leased to the city. They also had permission to set their tent up in that location," said Micky Welsh, an attorney who volunteers with the American Civil Liberties Union. "But an officer from the DLI and some military police came by yesterday and told them they were going to have to move."

Welsh spoke with the Monterey Police and the city attorney's office, and resolved the issue with 20 minutes to spare.

"I basically said, 'If you tell them they have to move their tent, and they can't have their program, then we might have a free-speech issue. I'm calling to prevent that,'" Welsh said. "And the happy ending is that this is one of several incidents in which the ACLU has brought something to the city's attention, and the city has responded in a way that resolved the problem."


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