David H Marshall

In 2011 the needed for treatment experimentation evidence is still not in a subject’s medical record with the names of all in-service witnesses lost. The U.S. Government’s then 50 year known, “experiments that were designed to harm” [6] were a dereliction of duty in direct disobedience of the Department of Defense (DOD) Secretary's 26 February 1953 order.[2] During the U. S. General Accounting Office (GAO) [5] and U.S. Senate’s [6] 1994 reported past fifty years, hundreds of thousands of the "to harm" service records were destroyed in a 1973 National Personnel Records Center fire. Congress’s 1974 Privacy Act censored experiment verifying witnesses from any surviving records! The Senate’s 1994 Report notes past and present, "III. Findings and conclusions", "K. DOD and DVA have repeatedly failed to provide information and medical followup to those who participate in military research..." and "N. Participation in military research is rarely included in military medical records, making it impossible to support a veteran’s claim for service-connected disabilities from military research."

To-date the U.S. Congress has rejected the U.S. Senate 1994 Report’s, “The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.”[6] The U.S. Supreme Court’s 1987 STANLEY is a “to harm” DOD 1958 drug experiment "injuries that `arise out of or are in the course of activity incident to service.'".[3] FIFTY (50) TIMES cited is the U.S. Supreme Court’s 1950 FERES “incident to service” death decision due to a 1947 Army barracks fire.[1] The STANLEY case is one of the U.S. Senate’s Dec. 1994 “During the last 50 years, hundreds of thousands of military personnel” were subjected to “experiments that were designed to harm”, e.g., their reported biological and chemical agents, radiation exposure, hallucinogenic and investigational drugs, experimental vaccines and behavior modification projects.[6] Underlying the U.S. Senate’s Report is the GAO Sept. 1994 U.S. House Report, “Human Experimentation Overview on Co1d War Era Programs”![5]

Convicted rapists and murderers are given protection from human experiments by the U.S. Constitution’s 1791 Bill of Rights, Amendment Eight. In 1992 the U.S. Senate signed and ratified the United Nation, International Covenant on Civil and Political Rights (ICCPR).[4] Its 1994 Index, “... Article 7 - Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment.”notes that, “Written policy and practice prohibit the use of” [prison] “inmates for medical.....experiments.”![4] Nineteen (19) times cited are the U.S. Constitution plus its Eighth Amendment’s no cruel and unusual punishment.[4]

The "Veterans Right to Know Act" to establish the Veterans' Right to Know Commission was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress.[7] A veteran's right to get the “designed to harm” [6] needed for treatment, and experiment identifying, evidence never became law. This is consistent with the 1957, “....The intelligence community believed that it was necessary "to conceal these activities from the American public in general," because public knowledge of the "unethical and illicit activities would have serious repercussions in political and diplomatic circles and would be detrimental to the accomplishment of its mission." Id., at 394 (quoting CIA Inspector General's Survey of the Technical Services Division, p. 217 (1957)).”; See [Footnote 4] of Section IV, 1987 STANLEY.[3]

It is now a from 1944, 67 years of U.S. Congressional talk and no correction. Do not the U.S. Senate’s stated DOD “EXPERIMENTS THAT WERE DESIGNED TO HARM” [6] continue? Overlooked by many in Congress is their Oath of Office to defend the U.S. Constitution, our national “Pledge of Allegiance” “with liberty and justice for all" and the U.S. Supreme Court’s ignored own, carved in stone over its entrance, “EQUAL JUSTICE UNDER LAW”! As in the GAO and U.S. Senate’s reported past, these “incident to service” activities are conducted under the ongoing secrecy cover of our ‘national interests’, e.g., WWII, Cold War, Korea, Vietnam, Gulf War, Iraq and Afghanistan. Shouldn’t U.S. Service Personnel and Veterans get back those Constitutional Rights that they die for and convicted rapists and murderers keep? Please hold your members in the U.S. Congress accountable!

REFERENCES:

[1] 1950 - Feres v. United States, 340 U.S. 135, 146 (1950). http://supreme.justia.com/us/340/135/case.html

[2] 1953 - DOD Secretary's 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, "The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” (New York: Oxford University Press, 1992).

[3] 1987 - U.S. SUPREME COURT, JUNE 25, 1987, U.S. V. STANLEY , 107 S. CT.. 3054 (VOLUME 483 U.S., SECTION 669, PAGES 699 TO 710). http://supreme.justia.com/us/483/669/case.html

[4] 1994 - U.S. State Dept., "U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7 - Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment.” See “Index of “1994 International Covenant on Civil and Political Rights"

[5] 1994 - [PDF] T-NSIAD-94-266 GAO September 28, 1994 “Human Experimentation Overview on Co1d War Era Programs” archive.gao.gov/t2pbat2/152601.pdf

[6] 1994 - December 8, 1994 REPORT 103-97 "Is Military Research Hazardous to Veterans' Health? Lessons Spanning Half a Century." Hearings Before the U.S. Senate Committee on Veterans' Affairs, 103rd Congress 2nd Session.

[7] 2005 & 2006 - "Veterans Right to Know Act" to establish the Veterans' Right to Know Commission was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. H. R. 4259.

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By David H Marshall