The Torture Card in the Presidential Election: Undecided in Toledo

The Torture Card in the Presidential Election: Undecided in Toledo

Prime Minister Stephen Harper urged to honour the Kyoto Agreement

CANADA

20 December 2011

Environment Canada
Inquiry Centre 10 Wellington, 23rd Floor Gatineau QC K1A 0H3
Telephone: 819-997-2800 Toll Free: 1-800-668-6767 (in Canada only)
Facsimile: 819-994-1412 Teletypewriter: 819-994-0736
Email: enviroinfo@ec.gc.ca

Dear Sir or Madam:

Recently I wrote the Prime Minister of Canada about the decision to remove Canada from the Kyoto Agreement. My correspondence can be read on the following web-site:

http://amnestynurses.blogspot.com/2011/12/prime-minister-stephen-harper-urged-to.html

I note

1 ) “Environment Canada is building on its accomplishments with the environment through credible science, effective regulations and legislation, successful partnerships, and high-quality service delivery to Canadians.
We support sound environmental decisions. We work to repair the damage of the past, to collect and pass on knowledge, and to develop, implement and enforce policies to prevent future issues. We also work to ensure that Canadians have a safe, clean and sustainable environment today, tomorrow and well into the future” Ref. http://www.ec.gc.ca/default.asp?lang=En&n=BD3CE17D-1

and;

2) Environment Canada and “Proactive Disclosure” has the following characteristics:
The Government of Canada is working hard to enhance the role of Parliament and the proactive disclosure of information so that Canadians are better able to hold Parliament, their government and public sector officials to account.” Ref: http://www.ec.gc.ca/default.asp?lang=En&n=390AF41B-1


The current scientific consensus is that safe carbon dioxide levels should be at or below 350 ppm. This is the level that existed globally before 1990. (CO2now.org. 2008) Safe levels compared to current levels (above 392 ppm ) are illustrated in the widget from CO2now.org and for ease of referral I re-published the widget on my blog with the approval of CO2now:

http://amnestynurses.blogspot.com/2010/01/click-to-get-your-own-widget.html

I am urging that Canada reverse their regressive step to abandon the Kyoto Agreement for the reasons summarized below:

1) a significant reduction of greenhouse gases (GHG) is necessary to protect the global environment. The consensus is that safe global levels of GHG should be at pre-1990 levels.
2) a concerted global effort is required to reach the above goal.
(UNFCCC. Kyoto Protocol.)



May I please learn the scientific data and advice that you have provided the Prime Minister about the Kyoto Agreement? Where do you stand? If you do not act as an impartial, scientific and public voice to protect Canadians; who will?

Thank you for your help.

With best wishes,

Ken Agar-Newman


COPY: letters@timescolonist.com, denise.savoie@parl.gc.ca, elizabeth.may@parl.gc.ca,

----------------------------------------------------------------------------

TO: Prime Minister/Premier ministre

COPY: letters@timescolonist.com, denise.savoie@parl.gc.ca, elizabeth.may@parl.gc.ca, "Peter Kent, P.C., M.P."

Dear Mr Prime Minister:

Further to my letter addressed to you, I regret that I may not be following
protocol.


I have learned that the Prime Minister is responsible for Canada's plan to pull out of
the Kyoto Agreement, and not the Honourable Peter Kent.

I am urging that Canada rescind the decision to pull out of the Kyoto
Agreement for the reasons summarized below:

1) a significant reduction of greenhouse gases (GHG) is necessary to
protect the global environment. The consensus is that safe global
levels of GHG should be at pre-1990 levels.
2) a concerted global effort is required to reach the above goal.
(UNFCCC. Kyoto Protocol.)

What scientific data are you basing your decision on?


Thank you for your attention with this matter.

with best wishes,

Ken Agar-Newman


---------------------------------------------------------------------------

Prime Minister/Premier ministre pm@pm.gc.ca
to: Ken Agar-Newman
cc: "Peter Kent, P.C., M.P."
date: Fri, Dec 9, 2011 at 10:21 AM
subject: Office of the Prime Minister / Cabinet du Premier ministre

Dear Mr. Agar-Newman:

Thank you for writing to the Prime Minister. In your e-mail, you raised an issue that falls within the portfolio of the Honourable Peter Kent, Minister of the Environment.

Please be assured that your comments have been carefully noted. I have taken the liberty of forwarding your e-mail to Minister Kent. I am certain that the Minister will wish to give your views every consideration.

For more information on the Government's initiatives, you may wish to visit the Prime Minister's Web site, at www.pm.gc.ca.

Once again, thank you for taking the time to write.

M.F. Bustos
Manager/Gestionnaire
Executive Correspondence Services
for the Prime Minister's Office
Services de la correspondance
de la haute direction
pour le Cabinet du Premier ministre




-----------------------------------------------------------
CANADA
December 7 2011
Prime Minister Stephen Harper
Office of the Prime Minister 80 Wellington St Ottawa, ON K1A 0A2 e) pm@pm.gc.ca.
Dear Sir:
The Kyoto Protocol is an international mechanism to promote the net reduction of greenhouse gas emissions from anthropogenic sources as well as promote sustainable development.

No scientific rational has ever been presented for Canada's failure to live up to the Kyoto and to now indicate the intention to pull out of the agreement. Do you intend to publicize your scientific evidence for removing Canada from this agreement?
I am urging that Canada rescind this decision to pull out of the Kyoto Agreement for the reasons summarized below:

1) a significant reduction of greenhouse gases (GHG) is necessary to protect the global environment. The consensus is that safe global levels of GHG should be at pre-1990 levels.
2) a concerted global effort is required to reach the above goal. (UNFCCC. Kyoto Protocol.)

Explanation
The Kyoto Protocol met both of the above parameters. The Protocol fixed “binding” targets on the major GHG producing countries, including Canada over the five-year period 2008-2012. The Protocol also included differentiating targets for developed and developing countries. Canada signed (29 April 1998) and ratified (17 December 2002) the Protocol and it entered into force the 16 February 2005. (UNFCCC. 3 December 2007)

Tragically Canada has made little if any attempt to reach GHG reduction targets . (CBC. 14 February 2007)
It is no accident that Canada, when we signed the agreement, selected a target of below 1990 levels. The current consensus is that safe carbon dioxide levels should be at or below 350 ppm. This is the level that existed globally before 1990. (CO2now.org. 2008) Safe levels compared to current levels (above 392 ppm ) are illustrated in the widget from CO2now.org and for ease of referral I re-published the widget on my blog with the approval of CO2now:

http://amnestynurses.blogspot.com/2010/01/from-co2noworg.html

The fact of Canada's non-compliance with the Kyoto Protocol, without inter-governmental consequence, demonstrates the Kyoto Protocol binding mechanism is weak. I urge that in addition to adhering to this agreement your government push for binding consequences for failure to live up to the agreement.

Mulvey of the BBC offers a possible explanation for why Canada has been non-compliant to the Kyoto Protocol; “ No country wants to put its businesses at a disadvantage, so all have played safe, erring on the side of generosity when setting emission quotas for industry. “ (Mulvey,Stephen BBC )


I look forward to your attention to this very serious environmental situation.

With best wishes,

Ken Agar-Newman

Cc: the Times Colonist letters@timescolonist.com ; the NDP denise.savoie@parl.gc.ca ; the Green Party elizabeth.may@parl.gc.ca


References

CBC. 14 February 2007. Kyoto Protocol Canadian Time-line. 2010. From CBC Web-site accessed 2 January 2009;
http://www.cbc.ca/news/background/kyoto/timeline.html

CO2now.org. 2008 . Accessed Co2.Now. Org website 2 January 2009;
http://co2now.org/index.php?option=com_content&task=blogcategory&id=52&Itemid=75

Mulvey,Stephen. BBC Reporter. BBC. 16 February 2005. EU leads Kyoto 'carbon revolution'

Accessed from BBC Web-page 2 January 2009;
http://news.bbc.co.uk/2/hi/europe/4269021.stm

UNFCCC. 3 December 2007. Kyoto Protocol Status and Ratification. From UNFCCC Web-site accessed 2 January 2009;
http://unfccc.int/files/kyoto_protocol/status_of_ratification/application/pdf/kp_ratification_20091203.pdf

UNFCCC. Kyoto Protocol. undated web-page. From the UNFCCC Web-site accessed 2 January 2009;
http://unfccc.int/kyoto_protocol/items/2830.php

USA dollars - cost of wars in the USA

Dr. Hawa Abdi & Her Daughters: The Saints of Somalia Women of the Year: glamour.com

Dr. Hawa Abdi & Her Daughters: The Saints of Somalia Women of the Year: glamour.com

Request for comments from the WHO Health and Human Rights Team -

December 13 2010
WHO Health and Human Rights Team
Dear Madam or Sir:


I would like to garner your perspective about the proposal we are working on;
http://stoptorture.ca/medical_ethics

Please reply with your comments and suggestions. Thank you.


with best wishes,

Ken Agar-Newman






---------- Forwarded message ----------
From: Ken Agar-Newman
Date: Tue, Aug 10, 2010 at 2:35 PM
Subject: Fwd: international oversight agency to regulate nurses and other health professionals
To: humanrights@who.int



WHO Health and Human Rights Team
Dear Madam or Sir:


I am continuing to ask for your perspective about the proposal we are working on;
http://stoptorture.ca/medical_ethics

I won't give up trying to contact you.


with best wishes,
Ken Agar-Newman




---------- Forwarded message ----------
From: Ken Agar-Newman
Date: Wed, May 19, 2010 at 2:39 PM
Subject: Fwd: international oversight agency to regulate nurses and other health professionals
To: humanrights@who.int


Dear WHO Health and Human Rights Team:
I am forwarding this email again in case it never reached you.

with best wishes,
Ken Agar-Newman

---------- Forwarded message ----------
From: Ken Agar-Newman
Date: Tue, May 4, 2010 at 3:21 AM
Subject: international oversight agency to regulate nurses and other health professionals
To: humanrights@who.int



WHO Health and Human Rights Team
humanrights@who.int

Dear Madam or Sir:

I would like to obtain comments regarding a proposal I have been working on with the Victoria Coalition for the Survivors of Torture since August 1993 about establishing an international oversight agency to regulate nurses and other health professionals in relation to standards of practice to prevent or stop torture and other cruel inhumane and degrading treatment or punishment (CIDT or P) with respect to prisoners and detainees.

The web-link to the proposal is as follows:

http://stoptorture.ca/medical_ethics


As you know medical and nursing regulation is a complex topic however there is no inter-governmental regulation of standards for practice when state, provincial, or national bodies are unable (or unwilling) to exercise their mandate. If we reflect on the relevant UN statement, the WHO/WMA designed UN Principles of Medical Ethics (1982), there is no international mechanism to ensure competency. It is my observation that current UN mechanisms are not comprehensive enough, do not specialize in standards of practice of nurses and others, and do not encompass regulation.

You may observe that the scope of the proposed Oversight Committee is narrow, focusing on torture and CIDT or P, due to the need to focus on the worst violations.

I have discussed the concept informally with the President of the WMA during the summer of 2007 as well as presented the idea at the 2001 ICN Congress in Copenhagen. This October I talked with the former UN Rapporteur on “Health for All” Professor Paul Hunt. I have presented the idea at the International Congress for Law and Mental Health last year, attended by former UN Committee against Torture member, Dr Bent Sorenson and internationally recognized, Dr Inge Genefke.

In November 2009 Alvaro Moreno (a Canadian community development worker) presented the concept at a Congress for the Social Psychology of Liberation in Chiapas and we have obtained useful comments at this venue. Another colleague, Peter Golden (a Canadian lawyer), presented the concept at the International Congress for Law and Mental Health in New York in June 2009.

We presented the idea to the American Psychology Association Symposium in Toronto during August of 2009. We were part of a workshop titled Protectors as Perpetrators: vulnerability to doing harm in clinical, law enforcement and military settings. The proposal has garnered the interest of American psychologists due to psychologists’, medical doctors and other health workers' involvement with the interrogation of security detainees associated with the US military’s so-called war on terror.

In connection with this thread of psychologists and regulation, I will be participating in a panel discussion titled New Directions for the Anti-Torture Movement in Boston mid-July. This workshop is part of the conference "Toward A More Socially Responsible Psychology", Psychology for Social Responsibility 2010 Conference (Brookline), July 15-17, 2010;
http://www.psysr.org/conference2010/

I have learned that WHO is examining a resolution led by Denmark, (A/HRC/10/L.32), co-sponsored by Canada at the 10th Session of the UN Human Rights Council on the role and responsibility of medical and other health personnel with respect to torture and other cruel, inhuman or degrading treatment or punishment. This resolution requests the Special Rapporteur on torture to discuss possible areas of cooperation with the WHO, to address the role and responsibility of medical and other health personnel in the documentation and prevention of torture and other cruel, inhuman or degrading treatment or punishment.
I understand that WHO is aware of this resolution, and requests that organizations such as the WMA develop guidelines in this area, and is currently considering the implications in terms of its work.

Briefly, in synopsis, ICN has stated that they are focused on self-regulation. WMA stated that they are concerned with doctors only. Prof. Paul Hunt encouraged me but stated that before such a body is created, the UN Committee on Economic, Social, and Cultural Rights could be used to address some of the concerns. Dr Bent Sorenson suggested that the Oversight Committee utilize the UN Convention against Torture because it is law. Dr Inge Genefke suggested incorporating the ability to penalize physicians for breaching ethics.

The proposal is posted on the VCST web-site, linked above. I would welcome feedback - ken.agarnew@gmail.com

Thank you for your help.

With best wishes


Ken Agar-Newman

from CIMSS - INSCAN

http://www.carleton.ca/cimss/inscan-e/toc_e.html



Centre for International Migration and Settlement Studies, 2106 Dunton Tower, Carleton University,
1125 Colonel By Drive, Ottawa, ON, K1S 5B6
Phone: (613) 520-2717 | Fax: (613) 520-3676 | cimss@carleton.ca

from the Physicians for Human Rights

The Torture Reports


Experiments in Torture is the first report to reveal evidence indicating that CIA medical personnel allegedly engaged in the crime of illegal experimentation after 9/11, in addition to the previously disclosed crime of torture.

More information:
http://phrtorturepapers.org/

http://phrtorturepapers.org/?dl_id=9

environmental protection agency - USA

International Health Ethics Oversight Committee Focusing on Torture
Victoria Coalition for the Survivors of Torture
http.www.vcst.ca
Ken Agar-Newman – Nurse

Abstract: International Health Professionals Ethics Oversight Committee

:
	Regulation of the competency of psychologists is a complex topic however there is no specialized comprehensive inter-governmental regulation of standards of practice when state, provincial, or national bodies are unable (or unwilling) to exercise their mandate. This presentation articulates a way to operationalize the WHO/WMA designed UN Principles of Medical Ethics (1982) through the formation of a group of experts, under the auspices of WHO, that would collate and compile relevant practice standards of ethics, support regulatory agencies from state, provincial, military and national bodies, and initiate interventions when education or investigations, hearings, and censure are required. The scope of the proposed Oversight Committee is narrow, focusing incompetence related to torture and cruel inhumane and degrading treatment or punishment, due to the need to focus on the worst violations. It is designed to partner government and civil society so that there is collaboration regarding expertise and funding. It would rely on the UN Committee Against Torture, the International Criminal Court and the constitution of the World Health Organization to gain access to countries. It would not duplicate the functions of these international bodies. The Oversight Committee would raise the international standard of practice related to torture and abuse. Isn't it finally time for psychologists and other health care workers to practice human rights protection in every prison, detention facility and health care establishment with the help they sometimes need.

Background

1980’s: the International Commission of Health Professionals was established.

1990: WHO to compile statistics of the incidence of torture and refer data to the UN Committee against Torture for action.
Options
National, state and provincial regulatory bodies to enforce UN Principles of Medical Ethics;

The UN Committee on Economic, Social and Cultural Rights is available for Oversight issues;

ICN - network of nursing regulatory agencies - exchanges of ideas - resource bank. “self regulation” and “self governance”; and

WMA – “we are interested in doctors”.

Vision
To establish a more comprehensive oversight mechanism that addresses the gaps in regulation;
To partner civil society and governments – expertise and funding;
To partner WHO, UNCAT, the ICC and the Oversight Committee – Statute.

Goals
Key Points
Torture and abuse are internationally prohibited yet they occur increasingly and with impunity;
A higher standard is expected of health professionals yet the UN Principles of Medical Ethics are not enforceable at an inter-government level.
Health workers are crucial to torture prevention, detection and treatment yet some are still involved.

Chronology

2001 - Met with:
ICN's policy consultant,
IRCT Secretary General,
UN Rapporteur against Torture,
Amnesty International Medical Coordinator, and
representatives from the UK Medical Foundation.



2007
Presented the concept to the International Academy of Law and Mental Health Congress in Italy.
Dr Genefke suggested that the OC incorporated penalties.
Dr. Sorenson, former member of the UNCAT, suggested that the OC utilize the legal authority of the Convention Against Torture.

2008
Consulted the Rapporteur for Health for All
Consultation workshop at the IX Congress of Social Psychology for Liberation, San Cristobal de las Casas, Chiapas - Alvaro Moreno

2009
Concept presented at the International Academy of Law and Mental Health Congress in New York - Peter Golden.


For Example - Finances
$CAN 160 Million: WHO immunization work.
$CAN 18 Million: CRNBC, 42, 000 nurses in BC.
$CAN 7.6 Million: IRCT yearly expenses.
$CAN 56 Million: AI (IS) yearly expenses.
$CAN 45 Million: HRW.

Finances
Contributions from individual health workers (1.1 million nurses + 8 million physicians),
Funds raising from Foundations and Governments and others.


- Have asked Executive Board member of WHO for North America for an opinion



Dr K. Dodds
Assistant Deputy Minister
Health Policy Branch
Health Canada
Ottawa
70 Colombine Driveway, Tunney's Pasture
Ottawa, ON K1A 0K9
Phone: (613) 957-3059
E-mail: karen_dodds@hc-sc.gc.ca


- Conclusion -


It has been two thousand years since the Hippocratic Oath was conceived.
Isn’t it finally time for it to be practiced everywhere?

International Health Ethics Oversight Committee
Focusing on Torture
Victoria Coalition for Survivors of Torture
http.www.vcst.ca
Ken Agar-Newman – Nurse




------------------------------------------------------------------------------------

The Proposal - The establishment of an International Health Professions Ethics Oversight Committee focused on Torture and or Cruel Inhumane Treatment or Punishment

Background

The World Medical Association (WMA), in its preamble for the Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment, declares that “it is the privilege of the physician to practise medicine in the service of humanity, to preserve and restore bodily and mental health without distinction as to persons, to comfort and to ease the suffering of his or her patients”.

In addition to this declaration, other international declarations and resolutions relevant to torture and human rights have been adopted and ratified by most countries members of the United Nations and other international bodies. These include:



The UN Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.1


Nurses and human rights.2


Nurses' role in the care of detainees and prisoners.3


Torture, Death Penalty and Participation by Nurses in Executions.4


The above-mentioned World Medical Association Declaration of Tokyo. Guidelines for Physicians Concerning Torture and other Cruel, Inhuman or Degrading Treatment or Punishment in Relation to Detention and Imprisonment.5


The World Medical Association Declaration Concerning Support for Medical Doctors Refusing to Participate in, or to Condone, the Use of Torture or Other Forms of Cruel, Inhuman or Degrading Treatment.6


The World Medical Association Resolution on Physician Participation in Capital Punishment.7


The Health Professionals Oversight Committee

Considering the above-listed international declarations and resolutions, and the fact that torture is being increasingly used in current conflicts and anti-terrorism campaigns, the creation of a regulatory body is a crucial need, and hence the proposed committee.

The fundamental purpose of the Committee shall be to establish an oversight mechanism that addresses the gaps in the above-listed regulations, for all health workers throughout the world to be aware of the ethical implications around their participation or support of torture and or cruel inhumane treatment or punishment. Health workers shall include, but not be limited to, physicians, nurses, psychologists and medical technicians.

The Committee's purview, through priority setting, shall include health-related human rights violations, torture and or cruel inhuman or degrading treatment punishment as defined by Article I of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UN. Convention Against Torture. 1984).

Some of the Suggested Activities

The Committee shall operate a program consisting of the following:



The collation of existing standards of practice, and where there is a deficit, the establishment of improved standards of practice;


The promotion and support of national, provincial, state, or military regulating bodies action to implement these standards of practice; and


The initiation of interventions if these standards are not implemented effectively by national, provincial, state or military regulating bodies, either through a lack of ability or through obstruction by any government,


The standards established by the Committee shall be consistent with international norms established by the WMA, ICN, WPA, the IRCT, and the UN. The Committee shall study on a continuing basis the application, administration, execution, and effectiveness of regulations, guidelines, laws and programs of health regulatory agencies throughout the world for the purposes of determining existing problems or potential problems.


The Committee's scope of activities would not overlap the functions of the International Criminal Court (ICC), nor the Committee would result in a duplication of function of the UNCAT, because of its specialized focus on medical ethics.

The Committee would be comprised of experts, acting in their personal capacity, who are elected by the World Health Assembly in a transparent and democratic manner. These experts shall be nominated by governmental and non-governmental organizations including the WHO, the WMA, the WPA, the ICN, the IRCT, individual activist torture survivors and others.

Working under the auspices of WHO, the Committee would utilize applicable areas of the WHO Constitution and WHO logistical support in order to gain authority and access to countries.

The Committee could also monitor standards of training of all health workers and promote the Istanbul Protocol within this training. The Committee shall receive regular reports from state parties and regulatory agencies. It shall invite submissions from the public and human rights organizations such as Amnesty International, the Physicians for Human Rights, and the ICRC.

As part of its mandate, the Committee would interview government officials, military medical and nursing officials, and other health workers, including nurses, doctors, paramedics, and technicians for the purpose of data collection, assessment and intervention. On-site inspections shall be conducted at the discretion of the Committee, bringing international attention through the utilization of high profile visits to related sites, government officials or members of opposition groups responsible for medically relevant human rights violations.

The Committee shall be accountable to WHO and it shall submit regular recommendations to the WHO, the UN Human Rights Council, state parties, medical and nursing associations and others.

The Committee shall have the power to publicize its recommendations as well as information about breaches of medical and nursing ethics related to the Committee’s purview.

The Committee shall initiate medical panels, inquiries, penalties, disciplinary procedures as well as redress for the victims involved and will compile a registry of health workers and other officials who have breached medical ethics within its oversight mandate. The Committee shall have a protective function in that it will focus international attention on health professionals who are human rights defenders.

Supported by the Victoria Coalition for Survivors of Torture. For more information please check our website:
http://www.vcst.ca/proposal.htm




1 Adopted by General Assembly resolution 37/194 of 18 December 1982
http://www.un.org/documents/ga/res/37/a37r194.htm


2 ICN. Adopted in 1998.Revised in 2006


3 ICN. Adopted in 1998, Revised in 2006


4 ICN. Adopted in 1998. Revised in 2003 and 2006


5 Adopted by the 29th World Medical Assembly, Tokyo, Japan, October 1975, and editorially revised at the 170th Council Session, Divonne-les-Bains, France, May 2005 and the 173rd Council Session, Divonne-les-Bains, France, May 2006
http://www.wma.net/e/policy/c18.htm


6 Adopted by the 49th WMA General Assembly Hamburg, Germany, November 1997. http://www.wma.net/e/policy/c19.htm


7 Adopted by the 34th World Medical Assembly Lisbon, Portugal, September 28 - October 2, 1981 and amended by the 52nd WMA General Assembly in Edinburgh, Scotland during October 2000
http://www.wma.net/e/policy/c1.htm

Letter to the California Board of Registered Nursing

FIRST LETTER - No Reply
Canada

10 August 2009
California Board of Registered Nursing
P.O. Box 944210
Sacramento, CA 94244-2100
Fax: (916) 574-7693

Dear Madam or Sir:

I am a Canadian Nurse with and interest in human rights. Recently I presented a paper regarding a gap in regulation related to incompetence surrounding torture and\or cruel inhumane punishment at the American Psychological Association Convention in Toronto Canada this month. (Agar-Newman)

I have since learned that a motion has been discussed at the California Senate level
that reports that “that California-licensed physicians, psychologists, and nurses have participated in torture or its cover up against detainees in United States custody.” (California Senate. January 2008. 3rd Whereas)


In light of this, I understand that the California Board of Registered Nursing has the authority and duty to investigate violations by nurses. May I please learn what follow-up the Board of Registered Nursing is initiating as a result of California nurses involvement in torture and inhuman and degrading treatment?

Thank you for any assistance you can give me.

With best wishes,


Ken Agar-Newman

References

Agar-Newman, Ken. 7 August 2009. Protectors and Perpetrators. International Health Professionals Ethics Oversight Committee Session at the American Psychological Association. Accessed 14 August 2009.
http://forms.apa.org/convention/viewabstract.cfm?id=100128

California Senate Joint Resolution introduced by Senator Ridley-Thomas
7 January 2008. Bill number SJR No. 19—Relative to health professionals. Accessed 12 August 2009.
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sjr_19_bill_20080107_introduced.html






cc: The Canadian Nurses Association, The Danish Nurses Association, The American Nurses Association, The International Council of Nurses, The American Psychologists for Social Responsibility.

SECOND LETTER - no reply

Canada

11 December 2009

California Board of Registered Nursing
P.O. Box 944210
Sacramento, CA 94244-2100
Fax: (916) 574-7693

Dear Madam or Sir:

I am a Canadian Nurse with an interest in human rights who wrote your agency August 10 2009. I am requesting information as to the the follow-up the California Board of Registered Nursing is initiating as a result of California nurses involvement in torture and inhuman and degrading treatment. Recently I presented a paper about a gap in regulation related to incompetence surrounding torture and\or cruel inhumane punishment at the American Psychological Association Convention in Toronto Canada during August. (Agar-Newman) I also maintain a blog on the topic titled Nurses for Human Rights;

http://amnestynurses.blogspot.com

My inquiry stems from a motion discussed at the California Senate level that reports “that California-licensed physicians, psychologists, and nurses have participated in torture and or its cover up against detainees in United States custody.” (California Senate. January 2008. 3rd Whereas)


I understand that the California Board of Registered Nursing has the authority and duty to investigate violations by nurses. May I please learn about your agency's efforts to follow-up regarding this information about California nurses' involvement in torture and inhuman and degrading treatment?

Thank you for any assistance you can give me.

With best wishes,


Ken Agar-Newman

References

Agar-Newman, Ken. 7 August 2009. Protectors and Perpetrators. International Health Professionals Ethics Oversight Committee Session at the American Psychological Association. Accessed 11 December 2009.
http://forms.apa.org/convention/viewabstract.cfm?id=100128

California Senate Joint Resolution introduced by Senator Ridley-Thomas
7 January 2008. Bill number SJR No. 19—Relative to health professionals. Accessed 11 December 2009.
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sjr_19_bill_20080107_introduced.html

cc: The Canadian Nurses Association, The Danish Nurses Association, The American Nurses Association, The International Council of Nurses, The American Psychologists for Social Responsibility.

THIRD LETTER

Canada

June 11, 2010

California Board of Registered Nursing
P.O. Box 944210
Sacramento, CA 94244-2100
Fax: (916) 574-7693

Dear Madam or Sir:

I am a Canadian Nurse with an interest in human rights who wrote your agency August 10 2009 and December 11 2009. I am still waiting for your reply. The question is about the follow-up the California Board of Registered Nursing initiated as a result of allegations that California nurses have been involved in torture and inhuman and degrading treatment?

My inquiry stems from a motion discussed in the California Senate; “that California-licensed physicians, psychologists, and nurses have participated in torture and or its cover up against detainees in United States custody.” (California Senate. January 2008. 3rd Whereas)

Last year I presented a paper about a gap in regulation related to incompetence surrounding torture and\or cruel inhumane punishment at the American Psychological Association Convention in Toronto Canada during August. (Agar-Newman) I also maintain a blog on the topic titled Nurses for Human Rights;

http://amnestynurses.blogspot.com

In July of this year I will be part of a panel discussion titled; “New Directions for The anti-torture movement” at the American Psychologists for Social Responsibility 2010 in Boston. I plan to highlight the same topic and it would be helpful to talk about the initiatives your organization has achieved in the response to this difficult multi-faceted problem.

I understand that the California Board of Registered Nursing has the authority and duty to investigate violations by nurses. May I please learn about your agency's efforts to protect the public related to California nurses' involvement in torture and inhuman and degrading treatment?

Thank you for any assistance you can give me. I will not give up with trying to contact you because of the importance of the issue.

With best wishes,

Ken Agar-Newman

References

Agar-Newman, Ken. 7 August 2009. Protectors and Perpetrators. International Health Professionals Ethics Oversight Committee Session at the American Psychological Association. Accessed 11 December 2009;
http://forms.apa.org/convention/viewabstract.cfm?id=100128

California Senate Joint Resolution introduced by Senator Ridley-Thomas
7 January 2008. Bill number SJR No. 19—Relative to health professionals. Accessed 11 December 2009;
http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0001-0050/sjr_19_bill_20080107_introduced.html

cc: The Canadian Nurses Association, The Danish Nurses Association, The American Nurses Association, The International Council of Nurses, American Psychologists for Social Responsibility.

REPLY FROM THE CALIFORNIA BOARD OF REGISTERED NURSING


From: Kathy Hodge <Kathy.Hodge@dca.ca.gov>
Date: Thu, Jul 29, 2010 at 4:37 PM
Subject: Response to Inquiry Dated June 11, 2010
To: "ken.agarnew@gmail.com" <ken.agarnew@gmail.com>

Mr. Agar-Newman,

The 2009/2010 year has been extremely challenging for the California Board of Registered Nursing. We ask for your understanding and acceptance of our apology for not responding to your earlier inquires regarding allegations of California nurses committing human rights violations.

Nurses that work in Federal facilities or in a military capacity are under the jurisdiction of the U.S. Government. If a registered nurse with a California license is subject to disciplinary or criminal action while working in these forums, and we are notified of such, we review the circumstances of the incident(s) and make a decision whether or not to take disciplinary action on their California license.

In the case of human rights/torture issue, if the allegations are substantiated and action is taken by way of court martial, civil action, or criminal convictions, the discipline warranted would be immediate suspension of license and administrative proceedings to revoke the license.

Should these types of serious allegations occur in a civilian setting in California, we would also seek to suspend the nurse’s license while the investigation and/or criminal proceedings are completed. If the allegations are substantiated, we would continue with administrative proceedings to revoke the license.

Please be advised that, to date, we have not received any civilian, Federal, or military complaints of this nature.

Sincerely,

Kathy Hodge, RN

Enforcement Program Manager

Board of Registered Nursing

Reply from the American Nurses Association - "look to the future"

FYI - nurses and torture - ANA

http://ajnoffthecharts.wordpress.com/2009/04/08/torture-redux/#comment-91

letter to the ANA about torture and ill-treatment

CANADA

19 April 2009

President Rebecca M. Patton, MSN, RN, CNOR

American Nurses Association

8515 Georgia Avenue Suite 400

Silver Spring MD USA 20910

Dear Rebecca M. Patton,

On December 15, 2004 I wrote the ANA regarding concerns about the possibility of nurses being involved in torture and or cruel inhumane treatment of detainees during US custody in Iraq, Afghanistan, and Guantanamo Bay.

As you may recall the ANA wrote Secretary Rumsfeld February 3, 2005 about possible nurses involvement in abuse in US detention and interrogation facilities, and received a reply from Major General Gale S. Pollack on February 24, 2005. The Major General explained to the ANA that the Nurses Corps had not been involved and that any wrong-doing would be aggressively followed-up. She limited her comments to Iraq.

Subsequently we have learned that torture and abuse has been more common than previously noted. Please refer to documents;

1) US Department of Justice. Office of Legal Counsel. Washington D.C. 20530. August 1 2002. Memorandum for John Rizzo. Acting General Counsel of the Central Intelligence Agency. Interrogation of Al Quaeda Operative. pp. 1 – 80.

http://graphics8.nytimes.com/packages/images/nytint/docs/justice-department-memos-on-interrogation-techniques/original.pdf accessed April 19 2009

2) International Committee of the Red Cross. ICRC Report on the Treatment of Fourteen “High Value Detainees” in CIA Custody. Washington D.C. February 14 2007. http://www.nybooks.com/icrc-report.pdf accessed April 19 2009

As you may realize involvement by nurses in torture or abuse could include direct monitoring of prisoners during abusive interrogations or awareness of unethical treatment and failure to report to appropriate bodies. Involvement also refers to higher ranking nurses. If officers are aware of policies that approve torture or abusive treatment as well as policies that require the involvement of health personnel I submit that there could also be culpability.

May I turn your attention to the time-line of the correspondence I refer too; I note that Major General Pollack's letter (February 24, 2005) to the ANA was written over two years after the US Department of Justice submitted the memo (August 1 2002) approving torture and ill-treatment. Moreover the ICRC obtained access to fourteen prisoners at Guantanamo October and December 2006. The ICRC documents abuse on prisoners captured during 2002 to 2005. Both publications, one policy and the other testimony, illustrate that health personnel had a role in the torture and abusive treatment.

In light of this new information I propose the following more active strategy by the ANA independent of the American Military:

Investigate nurses’ direct involvement in torture, and or abusive treatment, by the American Military – following-up on nurses who were involved.

Review which military nurses, including high ranking nurses, knew about the abuse, or policy condoning abuse - ensure adequate penalties for not reporting violations and not intervening to stop violations;

Clarify the human rights training and support of military nurses – correct a lack of training and support.

Urge other health professionals to participate in the above review.

I would also like to recommend an international conference sponsored by the ANA about this issue. I recommend seeking funding from a number of American and international foundations for this initiative.

Thank you for your attention with this matter.

With best wishes,

Ken Agar-Newman

cc:

American Journal of Nursing

Canadian Nurses Association

Victoria Coalition for the Survivors of Torture

International Council of Nurses

Danish Nurses Organization

Amnesty International ( health network)

Physicians for Human Rights (Boston)

National Consortium of Torture Treatment Programs (USA)

Proposed Accreditation System for the US Military

Proposed Accreditation System ([1]) for the Training and Conduct of US Military Personal

In relation to torture and other cruel inhuman and degrading treatment: The American government investigate establishing a binding Accreditation System for the Training and Conduct of US Military Personnel, henceforth called the Accreditation System:

The Accreditation System be monitored by an implementation committee, hence forth called the Monitoring Committee, and be established in close consultation with torture survivors who have been victims of abuse by the US Military. The Monitoring Committee be granted immunity, authority and access all relevant records and military facilities;

The Accreditation System oblige state the US Military to ensure the following goals regarding the conduct and the basic training of all soldiers:

1. The US Military permit any soldier to report human rights violations directly to the UN Committee Against Torture and other reputable impartial agencies including civilian domestic organizations. That the policy of reporting be incorporated in official regulations and that every soldier be trained about when to report and how to report. The directives associated with reporting to civilian agencies be written down in the form of a policy in close proximity to regulations that oblige soldiers to obtain permission before disclosing military information. Nurses, doctors, and paramedics be trained in a more specialized and detailed manner including training on the recognition and treatment of torture survivors.

2. The US Military invite eminent persons from Amnesty International, the ICRC and other non-government organizations to be members of the monitoring committee.

3. The US Military ensure that all soldiers receive significant training on the UN Convention Against Torture.

4. The US Military ensure that all soldiers receive significant training on the protocols for disobeying unethical, immoral, and inappropriate orders such as torture and other cruel inhuman or degrading treatment or punishment. Such instruction be initiated during basic training in the form of case studies or vignettes about inappropriate, immoral, unethical orders, and torture. These case studies include situations which are similar to the Abu Ghraib Prison Tragedy, the case of United States v. Calley and the My Lai massacre, as well as the Somalia Affair and the Canadian Airborne Regiment. Subsequently these practical examples be reinforced by their integration in training exercises. ([2])

5. Federal legislation in the United States include penalties for not reporting violations of the UN Convention Against Torture and not intervening to stop violations.

6. The US Military be required to submit regular reports to the Monitoring Conmmittee on the recommendations of the Monitoring Committee. The Monitoring Committee accept reports and recommendations from individuals, non-government organizations, and other governments.

7. The above aims be secured through regular, public, and confidential interviews and reports by the Monitoring Committee as well as other effective measures consistent with the objectives.

Revised 2 December 2005; Submitted by Ken Agar-Newman
Victoria BC Canada email: agarnew@shaw.ca

[1] This Proposal directed at the US Military is a compilation of three proposals directed at ; The Organization for Security and Co-operation in Europe (OSCE) through the Office for Democratic Institutions and Human Rights – 4 January 2000 ; The North Atlantic Treaty Organization (NATO) – 6 February 2000 ; The People’s Republic of China (PRC) including members of the People’s Liberation Army and the People’s Armed Police – 18 April 2000 ;

[2] Research by S. Miligram (1974. Obedience and Authority. Harper and Row) indicates the power of orders from an authoritarian hierarchy to override individual responsibility. The kind of character produced by modern society can not be counted on to prevent human rights violations. Without specific training, we cannot assume personal responsibility will override the obedience to an authority figure, especially within the military context.

Letter to the Syrian Secret Police to obtain the names of the Americans who brought Mr. Maher Arar to Syria

Victoria BC Canada

20 October 2006

Maj. Gen. Assef Shawkat
Shu'bat al-Mukhabarat al-'Askariyya
Syrian Military Intelligence
Ministry of Defence
Mezzeh P.O. Box 4211 Damascus, Syria
Fax. (963) 11-6620553

Dear Sir:

I am a Canadian Nurse with an interest in the USA component of the deportation of a Canadian, Mr. Maher Arar, to Syria around October 2002. The Americans deported this individual after he landed in JFK Airport in New York. He was transferred to Syria via Jordan by the US. Mr. Arar spent about eight hours in Jordan before being moved to Syria. Are you able to give me the names of the American’s involved with Mr. Arar’s transfer to Syria?

The US claimed that Arar was an associate of

Abdullah Almalki, a Syrian-born Ottawa man whom they suspected of having links to the al-Qaeda terror organization, and they therefore suspected Arar of being an al-Qaeda member himself.

His deportation

to Syria onOctober 7 or 8 2002 is believed to be part of the unofficial US policy of extraordinary rendition whereby terrorism suspects are sent to certain countries.

I am interested in obtaining the names of the Americans involved in the transfer of Mr. Maher Arar via Jordan to Syria because I wish to facilitate changes to the US policy of extraordinary rendition. Any information surrounding these events would be appreciated.

Thank you for any help you can give me.

Sincerely


Ken Agar-Newman

Canada Must Act to Stop Impunity

Disclaimer: This letter represents the author's personal opinion and not necessarily that of Amnesty International:

Victoria BC Canada
24 May 2007

N.C.O. in Charge Federal Policing Section
A Division Federal Investigation Unit
Royal Canadian Mounted Police
155 McArthur Avenue, room 609
Vanier, Ontario, Canada K1A 0R4
fax (613) 993-2628

Dear NCO in Charge:

Further to my letter dated the 4th of April 2007, the 19th of September 2006, and the 19th June 2006, I continue to await your decision about starting a criminal investigation into the removal from the US, and torture in Syria, of Mr. Maher Arar. It seems clear that Mr. Mahar Arar’s case demands the RCMP to proceed with criminal prosecution.

As you know one of the Interdepartmental Operations Group (IOG) responsibilities is to guarantee that Canada complies with its international obligations including the investigation, prosecution and extradition of those involved in crimes against humanity.[1] Would this situation not be a crime against humanity and is Canada not obliged by our own laws and regulations to proceed?

I have learned that Article 5 of the UNCAT requires Canada to “take such measures as may be necessary to establish its jurisdiction” over crimes against humanity even if they occur outside our country. [2] Wouldn’t Article 5 and our international obligations apply in Mr. Arar’s case?

I understand that the Canadian consul in Syria as well as the victim himself know who the torturers are, since the suspects were present during interviews between the consul and Mr. Arar.

It is also evident that when charges have been laid, Canada can seek Interpol's help in bringing the torturers to Canada to answer for their crimes. Interpol has been supporting member countries and the ad hoc International Criminal Tribunals in seeking and apprehending criminals wanted for genocide, war crimes, and crimes against humanity since 1994. [3]

Mr. Arar and his wife Dr. Monia Mazigh have displayed courage, dignity, and strength. Now it is the RCMP and the Government of Canada’s turn. Thank you for your help.


With best wishes,




Ken Agar-Newman

[1] Government of Canada.Fifth Annual Report Canada's Crimes Against Humanity and War Crimes Program 2001-2002 OVERVIEW OF OPERATIONS, MANDATES AND STRUCTURE Interdepartmental Operations Group. Accessed 3.4.07 http://www.cic.gc.ca/english/pub/war2002/section03.html#a

[2] UN Convention Against Torture. .http://www.ohchr.org/english/law/cat.htm Accessed March 8 2007
[3] Interpol. Genocide, War Crimes, and Crimes Against Humanity The Investigation and Prosecution of Genocide, War Crimes, and Crimes Against Humanity accessed 3.4.07 http://www.interpol.int/Public/CrimesAgainstHumanity/default.asp