Mr. Speaker, mock executions by putting the barrel of a shotgun into the mouth of a prisoner and pulling the trigger. Using alligator clips on ears, noses and genitals. Racial attacks and use of racial slurs, burns all over the body,…
Mr. Speaker, mock executions by putting the barrel of a shotgun into the mouth of a prisoner and pulling the trigger. Using alligator clips on ears, noses and genitals. Racial attacks and use of racial slurs, burns all over the body, electric shock to the genitals. Suffocation with bags.
In other words torture which is now almost synonymous with U.S. run prisons and detention centers. Immediately the U.S. facility at Guantanamo Bay, Cuba and Abu Ghraib in Iraq come to mind when even the word is said.
But the question I have, Mr. Speaker, is how did we get to this point? Some prison activists immediately pointed out that we must not forget Attica when we are talking about Guantanamo or Abu Ghraib. And so I participated in a forum entitled, From Attica to Abu Ghraib.
But now as the memory of Attica has been invoked, it appears that another U.S. detention facility must be named too. Area 2 in Chicago, run by the Chicago police department. Area 2 will now go down in U.S. annals as a domestic torture center.
Sadly, over 135 African Americans have come forward to say that they were tortured, mostly in Chicago's Area 2, in what could be one of the greatest scandals of modern day American prison practice and procedure. Documentation shows that torture of African American men occurred in Areas 2 and 3 of Chicago jails for over 20 years, and no one with authority to stop it did so.
Moreover, these actions were covered up for 30 years by those in Chicago in authority. How many people are in jail today because confessions were tortured out of them? Incredibly, some prisoners were even on death row after having had confessions tortured out of them.
Moreover, the torture victims have psychological issues that have never been clinically resolved. Thank goodness former Illinois Governor Ryan commuted all of the death row cases, and gave full innocent pardons to four death row inmates who should never have been in prison.
Incredibly, even after Governor Ryan's actions, the City of Chicago is paying more than $5 million to lawyers who represent the accused police officers. How do we know about this? Due to the hard work and the thankless hours put in by activists, lawyers, and journalists who refused to let this issue go or be swept under the rug.
And thank goodness we have dedicated journalists for what is referred to as the alternative media, who are willing to write those stories and get the message out.
I learned about this story from Amy Goodman's Democracy Now broadcast on the Pacifica network of stations. This week or next, the judge will rule whether or not to release the report to the public. But in the interim, one thing is clear, and that is, that Areas 2 and 3 of the Chicago city jail must be added to the annals of U.S. prisoner abuse, from Attica to Abu Ghraib and beyond, Chicago now owns an unfortunate chapter.
Chicago's Abu Ghraib: UN Committee Against Torture Hears Report on How
Police Tortured Over 135 African-American Men Inside Chicago Jails
Extraordinary rendition. Overseas prisons. Abu Ghraib.
Guantanamo Bay. Practices and places that have become
synonymous with the abuse of detainees in U.S. 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 it's the one that's
closest to home.
It's 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 placed 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
prosecutor's 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 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.
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.''
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. He's 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.
We 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 State's Attorney of Cook County.
Remarkably, Devine, while he was in private practice, had
been Burge's 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 I'll be taken away and that I'll 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 I'll 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 an
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, I'm 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 you've 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. That's 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 these 192 cases--
they are all getting free lawyers, and they're 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, you're 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 we've 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 they're
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, it's 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.
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. I'll 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
you're 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 didn't 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, I'll say this. My thoughts
on the whole process was: how the hell did they get hearings,
and torture from anywhere is wrong. But as we've 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 State's 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 I've 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 for 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. Attorney's office and that
doesn't, in fact, put on the carpet the State's 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, I've 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--I'm
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.''