Harper's Magazine on Gitmo 'suicides'

This, while maybe not strictly within the TheStory remit, does show the value of journalism (and FOI and whistle-blowing and cross-referencing data).

Harper’s Scott Horton on The Guantánamo “Suicides”: A Camp Delta sergeant blows the whistle – published online on January 18.

Late on the evening of June 9 that year, three prisoners at Guantánamo died suddenly and violently… None of the men had been charged with a crime, though all three had been engaged in hunger strikes to protest the conditions of their imprisonment. They were being held in a cell block, known as Alpha Block, reserved for particularly troublesome or high-value prisoners.

As news of the deaths emerged the following day, the camp quickly went into lockdown… Reporters accepted the official account, and even lawyers for the prisoners appeared to believe that they had killed themselves.

Two years later, the U.S. Naval Criminal Investigative Service, which has primary investigative jurisdiction within the naval base, issued a report supporting the account originally advanced by Harris, now a vice-admiral in command of the Sixth Fleet. The Pentagon declined to make the NCIS report public, and only when pressed with Freedom of Information Act demands did it disclose parts of the report, some 1,700 pages of documents so heavily redacted as to be nearly incomprehensible. The NCIS documents were carefully cross-referenced and deciphered by students and faculty at the law school of Seton Hall University in New Jersey, and their findings, released in November 2009, made clear why the Pentagon had been unwilling to make its conclusions public. The official story of the prisoners’ deaths was full of unacknowledged contradictions, and the centerpiece of the report—a reconstruction of the events—was simply unbelievable.

According to the NCIS documents, each prisoner had fashioned a noose from torn sheets and T-shirts and tied it to the top of his cell’s eight-foot-high steel-mesh wall. Each prisoner was able somehow to bind his own hands, and, in at least one case, his own feet, then stuff more rags deep down into his own throat. We are then asked to believe that each prisoner, even as he was choking on those rags, climbed up on his washbasin, slipped his head through the noose, tightened it, and leapt from the washbasin to hang until he asphyxiated. The NCIS report also proposes that the three prisoners, who were held in non-adjoining cells, carried out each of these actions almost simultaneously.

This is the official story, adopted by NCIS and Guantánamo command and reiterated by the Justice Department in formal pleadings, by the Defense Department in briefings and press releases, and by the State Department. Now four members of the Military Intelligence unit assigned to guard Camp Delta, including a decorated non-commissioned Army officer who was on duty as sergeant of the guard the night of June 9, have furnished an account dramatically at odds with the NCIS report—a report for which they were neither interviewed nor approached…

Harper’s is probably best-known for exposing the My Lai massacre through the reporting of their Pulitzer Prize winning investigative journalist, Seymour Hersh. The full article on Gitmo will be printed in the March edition of Harper’s, which hits shelves on February 15 (really).

The above is only an intro…

Moriarty update

The Tribunal contacted me today to say that they had received a number of requests for transcripts over the past few days, and that they had decided to contact DCR to stop the release of a disc to me containing all transcripts of the Tribunal.

They have decided that rather than sending discs out to everyone who had asked for it, they will instead publish all transcripts onto the website of the Tribunal. They have said this will happen next week.

Here’s hoping.

More on conferencing councillors

Last week I flagged a story about councillors in Kildare attending some unusual conferences at the expense of the taxpayer. I asked if it was something reflected nationally and suggested local journalists and bloggers check it out in their respective areas.

The Donegal Democrat gives added impetus to this suggestion with their story this morning.

Exclusive: Councillor refunds double expense claim – Donegal Democrat

Reporter Michelle Nic Phaidian details how one Fine Gael councillor – a possible candidate in the forthcoming bye-election – claimed for attending two conferences over the same three day period, one of which was held over the weekend of October 16th-18th, the other on October 17th. He claimed mileage, subsistence and fee expenses for both but it appears he didn’t show up for the one-day event, telling the Democrat simply that he “mandated” to do so by the relevant authority.

Following the Democrat‘s investigation Councillor Terence Slowey has apologised and repaid more than €1,000 to the Border Regional Authority.

So, the authorities between them initially gave him more than €2,000 for three days conferencing? Nice work if you can get it.

If you haven’t got onto your local authority about conference expenses yet…

Thoughts on TI meeting, Ireland and corruption

Yesterday I attended the Transparency Ireland (TI) meeting where a report was launched which calls for whistle-blower protection similar to that legislated for in the UK. John Devitt, head of Transparency Ireland, chaired the discussion. Completing the panel were Justine McCartney of The Sunday Times, Fintan O’Toole, assistant editor of The Irish Times, AIB whistle-blower Eugene McErlean and Tom Clonan, who brought to light sexual abuse and bullying in the Army.

Note: Nat O’Connor of TASC has a thorough post on Progressive Economy which covers related topics, it’s well worth reading.

I spoke briefly from the floor, putting it to the panel that there is a need to change wider Irish culture and attitudes to corruption before whistle-blowers get the respect and admiration they deserve. While I agree legislative protection for people who ‘shout stop’ would be beneficial, what is required is a changing of the perception of corruption (legal or otherwise) to encourage more people to take action. I’m not sure if a law will do that. Continue reading “Thoughts on TI meeting, Ireland and corruption”

Details of inquiry into Irish banking collapse published

The Government has published an amended Private Members’ Motion by Labour on a banking inquiry. Essentially, it outlines how such an enquiry would function.

Labour Private Members’ Motion on banking inquiry and Government amendents

The main reading is from “To delete all the words after “Dáil Éireann” and substitute the following:…” on page two, onwards.

My brief summary upon one reading, updated as I re-read and read elsewhere: the Government proposes to establish a commission of investigation (similar in structure to the Commission into child sex abuse) after two reports are submitted by the Central Bank upon which the Commission’s investigation will be based. Therefore the quality and depth (or lack thereof) of the reports from the Central Bank will be hugely important to the quality, depth and findings of the Commission.

The reports will be submitted no later than May 31 2010. Pretty early if one wants in-depth reports.

The commission will be established no later than June 30.

It will only cover the period up to September 2008. Why?

Commissions of Investigation sit in private, bar in especially exceptional circumstances. It is therefore extremely likely the banking inquiry will sit in private due to the sensitive nature of its operations politically. They do have the power to compell witnesses.

It will be chaired by an ‘internationally respected independent expert’. Interesting, who? Respected by who? With a background in which sides of the banking industry? And from where, and what is their background?

It will lay its findings before the Houses of the Oireachtas no more than six months after it is established. This won’t happen.

Moriarty Tribunal transcripts

Update: I was contacted by the Tribunal, who said they had contacted DCR, who have said “a disc is being prepared”. I await with bated breath.

Last month I put an FOI request in with the Department of the Taoiseach for the following:

(1) All transcripts of public sittings of the Moriarty Tribunal from its inception to the date on which this request is received.
(2) The contract for transcription services and a breakdown of fees charged for transcription services.
(3) The breakdown of fees for the maintenance and building of the Moriarty Tribunal website, and the contract for this.

Today I received the reply. I had to read it twice to let it sink in.

Moriarty reply

I can, in some way, live with the fact that the taxpayer spent the bones of €1 million on transcription fees since the inception of the Tribunal in 1998. But I cannot fathom how a) the transcripts are not available online and b) that I have to pay (again) to see the transcripts of the Tribunal and c) that Doyle Court Reports retains copyright on transcripts of public sittings of a Tribunal of Inquiry setup by the Department and paid for by the Irish people.

I called Doyle Court Reporters this morning and they were very courteous and helpful. I asked for a quote as to how much I would have to pay for digital (.doc) copies of all 370 days of public sittings of the Moriarty Tribunal. They called me back a short time later, stating that for all days the cost would be €16,600 @ €45 per day. But if I was bulk buying they would be prepared to offer a discount of 25%.

I did suggest to DCR that since the public had already paid nearly €1 million for the transcripts, it seems a little odd that I would, as a citizen, have to fork out another €16,600 to get copies of the transcripts. DCR were again courteous and helpful, and suggested I speak with the Moriarty Tribunal.

I then called the Moriarty Tribunal, where I spoke with the registrar, Siobhan Hayes. First I asked if the Tribunal had copies of all transcripts, to which the answer was yes. Are these subject to FOI I then asked… to which she eventually replied no, and that copyright was with DCR. I then asked why other Tribunals, such as Mahon and Morris, had published transcripts on their websites, and Moriarty ones were unavailable. I was told that the original agreement was that copyright would stay with DCR, and that was the way it was. I then asked for a copy of the contract or agreement between the Tribunal and DCR in relation to stenography services. Siobhan said she would get back to me on this issue.

Of course a couple of questions arise. First is whether the Department of the Taoiseach does hold the transcripts, but simply pointed me in the direction of Doyle Court Reporters for copies of them. Second is how, exactly, copyright on transcripts of a public sitting of a Tribunal applies.

Third, and most importantly, is why the transcripts are unavailable for public consumption as a matter of public record. These are historically important transcripts containing the sworn evidence of former Taoisigh including Charles Haughey and Bertie Ahern, as well as other former senior ministers, civil servants and businessmen, all in relation to extremely serious issues of public concern. Indeed when a Tribunal is established it is invariably included in the Terms of Reference that it concerns “definite matters of urgent public importance”.

Yet in relation to a matter of urgent public importance, for a Tribunal that is shortly to issue its second and final report, I can’t see who said what in relation to anything on any given day, whatsoever.

Mad, isn’t it?

Related post:
Morris transcript FOI

Got 16 and a half minutes? Worth watching…

If you’re at your desk for lunch this fine Monday you may consider taking 16 minutes and 30 seconds of your time to watch the presentation below by Dan Areily, author of Predictably Irrational.

Of course, there are innumerable contexts in which the topics the speaker covers applies. However, it may be worth considering thinking of the relationships and familiarity between people in the upper echelons of Irish banking and their political peers whilst viewing.

Areily is a professor of behavioural economics.

Digest – Jan 17 2010

Roll up roll up and that jazz.

– HOME

Anthony – typically pulling no punches – on Revenue.

The observations of the Puckstown Lane blogger on banking inquiries, post-bust. Also, Veronica on IrishElection.com.

Simon McGarr fillets this bizarre opinion piece by Breda O’Brien.

Shane Coleman makes a lot of sense in The Sunday Tribune today, highlighting the need for nuanced commentary and analysis. Batt O’Keeffe is a minister I have some time for, he has put his head above the parapet on third level fees and actually made some decisions while in Education. Whatever you think of his decisions – closing schools due to weather in this case – at least he made some, something our Taoiseach could consider doing more often.

Also in the Tribune today, ‘What next for Anglo?‘, ‘The Price of NAMA for taxpayer keeps rising‘ and ‘Glass bottle site valuation ‘ignores emissions’. Their Business section really is top-notch today, the revamp looks like it’ll be a success (I’m not a big fan of the opinion section most weeks however).

I thoroughly enjoy the writing on Booming Back. This post is worth reading in full but the (quite funny) description of the Green Party (written by a former member) is particularly quotable:

The more astute of you will no doubt be pointing out that I used to be a card carrying member of the Green Party. This is true, but I viewed the Greens as a loose collection of activists banded together in an attempt to use collective strength to drive forward their own disparate environmental and social justice agendas, like the Shell to Sea campaign, the Tara bypass, opposition to Shannon Rendition flights and the Poolbeg incinerator. I was wrong. The Greens are in fact a loose collection of folks banded together for the sake of banding together. Social justice and activism seem nowhere on the agenda, the party’s sole drive is to stay in existence, an apolitical Oroborus endlessly devouring itself in an orgy of self-preservation through self-consumption. My mistake, I’ve moved on, and to reference Žižek quoting Beckett, I must fail better next time.

One of the many reasons I nominated Bryan Mukandi in the best blog from a journalist category – if you’re reading, Madam, I reckon his face would look well on the opinion pages.

– WORLD Continue reading “Digest – Jan 17 2010”

Galway stories of interest: council, Gardaí and GAA

There are two very interesting pieces on the front of the Galway City Tribune this week. The lede (main headline item) is “Planning probe into ‘Garda’ signature on GAA document”, with the sub-headline ‘Validity of controversial Pearse Stadium application questioned’.

The second item (not online) is again on questionable planning practices, it’s headed “Council sold residents’ car park in error”. This story appears extremely complicated and is quite difficult to understand on first reading, but it is worth a read. For non-Galwegians: you can view an electronic version of the print edition by clicking the masthead below if you wish to inform yourself further.



The main story is slightly easier to get your head around. Enda Cunningham reports a senior garda has ordered the GAA and Galway City Council to establish who signed a document submitted as part of a contentious planning application for floodlights on Pearse Stadium. The signature, purported to be that of a member of An Garda Siochana, is attached to an official letter from An Garda and was submitted as part of a the traffic management part of the application.  The superintendent at Salthill station, Noel Kelly, does not know who signed this letter.

He is quoted a saying:

On the morning of January 6 2010 I went to the planning section of Galway City Council to view the alleged document. […] I have a concern with the document entitled Pearse Stadium/Transort Traffic Arrangements which is attached to Sergeant Moloney’s letter. The [document] purports to be signed by a member of An Garda Siochana. The signature is not mine. It is not my inspector’s or Sergeant Maloney’s signature. No other persons have permissions to sign documents on behalf of An Garda Siochana.”

The GC Tribune also reports that the Council has accused the GAA of misleading them as the the number of games which would be played under the proposed floodlights. Over 100 objections have been lodged against the application by local residents and resident’s associations.

My understanding of the second story is as followings: Galway City Council had granted planning permission for two “badly-needed” schools to the Vocational Education Committee (VEC) on a site near a large housing estate in Doughiska, on the outskirts of the city. It has now emerged that planning permission was then granted for a car park to be built for residents of the housing estate on the same site, this car park has since been built. The planning permission for the car parks was granted to and, it appears, the work carried out by, McInerneys, the company who built the estate. The result is the building of the two schools,which would cater for more than 1000 pupils, may be delayed by up to four years.

It’s an odd story, councillors are even pointing out the lack of transparency surrounding it. A report was submitted about the site to Galway City Council on Friday just after The GC Tribune went to print, I’m going to look for a copy of it tomorrow, if I do get my hands on one I’ll post it here.

Two stories worth keeping an eye on, we’d be interested in hearing about any further developments, of course.

Thanks to Allan for letting us know about them.

The Galway City Tribune is part of the Connacht Tribune Group, you can pick it up around Galway for something like €2.