Foreign Policy reports: At an unusual news conference at the CIA’s headquarters in Langley, Virginia, spy chief John Brennan disavowed the agency’s former system for detaining and brutally interrogating terror suspects in the immediate aftermath of the 9/11 attacks and said some of the methods used were “abhorrent,” but he refused to join President Barack Obama in admitting that they had crossed the line into “torture.”
Asked repeatedly whether waterboarding suspects or threatening them with mock executions led to actionable intelligence, Brennan insisted that the agency couldn’t conclusively say that harsh interrogations produced information that could otherwise not have been obtained.
“The cause-and-effect relationship between the application of those EITs [enhanced interrogation techniques] and ultimate provision of that information” from detainees “is unknown and unknowable,” Brennan said in response to a question. “But for someone to say that there was no intelligence of value, of use, that came from those detainees once they were subjected to EITs, I think that lacks any foundation at all.” [Continue reading…]
Author Archives: News Sources
Details of how U.S. rebuked foreign regimes while using same torture methods
James Ross writes: So the CIA doesn’t consider “waterboarding” — mock execution by near drowning — to be torture, but the U.S. State Department does.
State Department reports from 2003 to 2007 concluded that Sri Lanka’s use of “near-drowning” of detainees was among “methods of torture.” Its reports on Tunisia from 1996 to 2004 classified “submersion of the head in water” as “torture.” In fact, the U.S. military has prosecuted variants of waterboarding for more than 100 years — going back to the U.S. occupation of the Philippines in the early 1900s.
If you want to know whether the U.S. government considers the “enhanced interrogation techniques” described in the Senate Intelligence Committee’s report summary on the CIA’s interrogation program to be torture, you could read President Barack Obama’s 2009 statement rejecting the use of waterboarding — or you could click on the State Department’s annual Country Reports on human rights conditions. It turns out that all those methods carried out by the CIA would be torture or cruel, inhuman or degrading treatment if committed by other governments.
The grotesque and previously unreported “anal feeding” and “anal rehydration” discussed in the Senate report may not have been used elsewhere, but the State Department has reported on analogous sexual assault of prisoners as a form of torture. Its 2012 report on Syria described as custodial torture the “forcing of objects into the rectum.”
Stress positions and forced standing also can amount to torture. The State Department’s 2006 report on Jordan said that subjecting detainees to “forced standing in painful positions for prolonged periods” was torture. It also described as torture the Iranian practice of “suspension for long periods in contorted positions.”
The same holds true for sleep deprivation and blaring music. In State Department reports on Indonesia, Iran, Jordan, Libya, and Saudi Arabia, sleep deprivation was classified as torture. The 2002 report on Turkey lists “loud music” as a torture method. [Continue reading…]
Bush and Cheney must have known about the CIA’s use of torture
Fred Kaplan writes: Of all the shocks and revelations in the Senate Intelligence Committee’s report on CIA torture, one seems very strange and unlikely: that the agency misinformed the White House and didn’t even brief President George W. Bush about its controversial program until April 2006.
The question of the claim’s truth or implausibility is not trivial or academic; it goes well beyond score-settling, Bush-bashing, or scapegoating. Rather, it speaks to an issue that’s central in the report in the long history of CIA scandals, and in debates over whether and how policy should be changed: Did the torture begin, and did it get out of hand, because the CIA’s detention and interrogation program devolved into a rogue operation? Or were the program’s managers actually doing the president’s dirty business?
If the former was the case, then heads should roll, grand juries should be assembled, organizational charts should be reshuffled, and mechanisms of oversight should be tightened. If the latter was the case, well, that’s what elections are for. “Enhanced-interrogation techniques” were formally ended by President Obama after the 2008 election, and perhaps future presidents will read the report with an eye toward avoiding the mistakes of the past.
But which was it? Were the CIA’s directorate of operations and its counterterrorism center freelancing after the Sept. 11 attacks, or were they exchanging winks and nods with the commander-in-chief?
The annals of history suggest the latter, and in a few passages, so does the report. [Continue reading…]
ISIS: The inside story
Martin Chulov reports: In the summer of 2004, a young jihadist in shackles and chains was walked by his captors slowly into the Camp Bucca prison in southern Iraq. He was nervous as two American soldiers led him through three brightly-lit buildings and then a maze of wire corridors, into an open yard, where men with middle-distance stares, wearing brightly-coloured prison uniforms, stood back warily, watching him.
“I knew some of them straight away,” he told me last month. “I had feared Bucca all the way down on the plane. But when I got there, it was much better than I thought. In every way.”
The jihadist, who uses the nom de guerre Abu Ahmed, entered Camp Bucca as a young man a decade ago, and is now a senior official within Islamic State (Isis) – having risen through its ranks with many of the men who served time alongside him in prison. Like him, the other detainees had been snatched by US soldiers from Iraq’s towns and cities and flown to a place that had already become infamous: a foreboding desert fortress that would shape the legacy of the US presence in Iraq.
The other prisoners did not take long to warm to him, Abu Ahmed recalled. They had also been terrified of Bucca, but quickly realised that far from their worst fears, the US-run prison provided an extraordinary opportunity. “We could never have all got together like this in Baghdad, or anywhere else,” he told me. “It would have been impossibly dangerous. Here, we were not only safe, but we were only a few hundred metres away from the entire al-Qaida leadership.”
It was at Camp Bucca that Abu Ahmed first met Abu Bakr al-Baghdadi, the emir of Isis who is now frequently described as the world’s most dangerous terrorist leader. From the beginning, Abu Ahmed said, others in the camp seemed to defer to him. “Even then, he was Abu Bakr. But none of us knew he would ever end up as leader.”
Abu Ahmed was an essential member of the earliest incarnation of the group. He had been galvanised into militancy as a young man by an American occupation that he and many like him believed was trying to impose a power shift in Iraq, favouring the country’s larger Shia population at the expense of the dominant Sunnis. His early role in what would become Isis led naturally to the senior position he now occupies within a revitalised insurgency that has spilled across the border into Syria. Most of his colleagues regard the crumbling order in the region as a fulfilment of their ambitions in Iraq – which had remained unfinished business, until the war in Syria gave them a new arena.
He agreed to speak publicly after more than two years of discussions, over the course of which he revealed his own past as one of Iraq’s most formidable and connected militants – and shared his deepening worry about Isis and its vision for the region. With Iraq and Syria ablaze, and the Middle East apparently condemned to another generation of upheaval and bloodshed at the hands of his fellow ideologues, Abu Ahmed is having second thoughts. The brutality of Isis is increasingly at odds with his own views, which have mellowed with age as he has come to believe that the teachings of the Koran can be interpreted and not read literally.
His misgivings about what the Islamic State has become led him to speak to the Guardian in a series of expansive conversations, which offer unique insight into its enigmatic leader and the nascent days of the terror group – stretching from 2004, when he met Abu Bakr al-Baghdadi in Camp Bucca, to 2011, when the Iraqi insurgency crossed the border into Syria. [Continue reading…]
Jihadi groups killed more than 5,000 people in November
The Guardian reports: Jihadi groups killed more than 5,000 people last month, with Iraq topping the league table of deaths, followed by Nigeria, Afghanistan and Syria.
In 664 incidents recorded in November by the BBC World Service and researched jointly with King’s College London, the overall death toll was 5,042, or an average of 168 deaths per day and nearly twice the number of people who were killed in the 11 September 2001 attacks on America.
After Iraq, Nigeria, Afghanistan and Syria, Yemen was fifth in the deadly league table, tying with Somalia, with 37 incidents each.
The data, shared with the Guardian, provides a unique insight into the human cost, intensity, scale and geographical distribution of a phenomenon that has captured headlines and driven political and security agendas across the world. [Continue reading…]
My last day in Yemen — escaping from kidnappers
Gregory D. Johnsen writes: [E]arlier this spring I decided to go back one more time. I pitched it to my editors as a three-story trip. But in my mind, it was a final farewell. I was getting married in a few months, and I wanted to move on and write about other things. I’d quit smoking years earlier and my twenties had slipped into my thirties. I was ready for a change. On March 6, I boarded the plane for my last trip to Yemen.
Sixteen days later I was done. I had my three stories, or at least the notes and interviews to write them. But I didn’t want to leave, not yet. Something was still missing. Instead of flying home early, I compromised: One more story.
I already knew the one I’d do. The ghost story every writer has, the one they obsess over and worry about; always researching, never writing. Mine was a tragedy that started with a Guantanamo interrogation.
Detainee: I am from Urday City in Yemen, not a city in al-Qaeda… My city is very far from the city of al-Qaeda… That is not my name and I am not from that city…
Tribunal President: al-Qaeda is not a city. It is the name of an organization.
Detainee: Whether it is a city or an organization, I am not from al-Qaeda. I am from Urday City.
Tribunal President: Are you from Yemen?
Detainee: Yes, I am from Urday.
Tribunal President: Did you travel from Yemen to Afghanistan?
Detainee: I went from Yemen to Afghanistan.
Tribunal President: Did you do that in the year 2000?
Detainee: I don’t know the time.
Tribunal President: Was it the year 1421?
Detainee: I am from a village, I cannot tell time.
The detainee, Adnan Abd al-Latif, was a mentally unstable man who had suffered severe brain damage as a result of a car crash in 1994. Twice he had been cleared for release, but each time something went wrong and he remained locked in his cell, counting the days until there was nothing left to count. On Sept. 10, 2012, he committed suicide. He had been in Guantanamo Bay for more than a decade.
Latif’s case seemed to get at all the horrors of that lost decade: a handicapped man who confused al-Qaeda with a Yemeni village of the same name, locked up as the worst of the worst. For 10 years, while Latif befriended the iguanas and banana rats that wandered into his cell, the U.S. and Yemen fought for custody. Neither side would give in. The U.S. had him but wouldn’t let him go; Yemen wanted him but couldn’t get him.
Then Latif killed himself with a fistful of pills and positions changed. Now neither country wanted him. The U.S. needed him gone, but Yemen wouldn’t take him. In death, just as in life, he was in legal limbo — neither here nor there. Instead of Guantanamo, Latif was sent to Germany, where his body was frozen and stored at Ramstein Air Base while the two countries argued over who had to take the corpse.
Latif’s story was sad, but mostly it was just human. He wasn’t nameless or faceless, an abstract stand-in for our fears. He was a man with a history and a family, and I wanted to write about them, to tell his story. In my mind it was less about Guantanamo Bay than it was about the withering of hope and how a single man had been ground down to nothing by a pair of bureaucracies. But no one else seemed to see it this way. Obama had already ordered the prison closed. He just hadn’t succeeded. Guantanamo was still open, and indefinite detention was still the law of the land. But the country had moved on; a collective forgetting that let us pretend everything had changed when nothing had. [Continue reading…]
CIA ‘torture’ practices started long before 9/11 attacks
Jeff Stein reports: “The CIA,” according to the Senate Intelligence Committee, had “historical experience using coercive forms of interrogation.” Indeed, it had plenty, said the committee’s report released Tuesday: about 50 years’ worth. Deep in the committee’s 500-page summary of a still-classified 6,700-page report on the agency’s use of “enhanced interrogation techniques” after 9/11 there is a brief reference to KUBARK, the code name for a 1963 instruction manual on interrogation, which was used on subjects ranging from suspected Soviet double agents to Latin American dissidents and guerrillas.
The techniques will sound familiar to anybody who has followed the raging debate over interrogation techniques adopted by the CIA to break Al-Qaeda suspects in secret prisons around the world. When the going got tough, the CIA got rough.
The 1963 KUBARK manual included the “principal coercive techniques of interrogation: arrest, detention, deprivation of sensory stimuli through solitary confinement or similar methods, threats and fear, debility, pain, heightened suggestibility and hypnosis, narcosis and induced regression,” the committee wrote. [Continue reading…]
Palestine minister’s autopsy results disputed
Al Jazeera reports: A Palestinian official has said that the autopsy on Ziad Abu Ein’s body proves that Israel’s actions led to the death of a Palestinian minister, while Israel disagrees with the findings of the same autopsy.
Abu Ein died on Wednesday shortly after an Israeli border policeman shoved and grabbed him by the throat during a protest in the occupied West Bank.
Thousands of Palestinians attended his funeral in Ramallah on Thursday. Israel has beefed up its security forces in the West Bank as fresh protests were expected over the minister’s death.
The head of the Palestinian civil affairs, Hussein Al Sheikh, told a Palestinian radio that the autopsy, which was carried out overnight, showed Abu Ein died because of a beating by Israeli soldiers and inhaling large amounts of tear gas, adding that Israelis delayed his transfer to the hospital.
He also said the Israeli forensic expert, who was present at the postmortem, agreed to the findings of the autopsy.
However, the Israeli side rejected agreeing to the findings.
“Israeli officials said that heart attack was the reason why the minister died, adding that it might have been brought on when was he grabbed in the neck by an Israeli soldier,” Al Jazeera’s Imtiaz Tyab, reporting from West Jerusalem, said. [Continue reading…]
Human Rights Watch: Multiple witnesses have described how a senior Palestinian official who died on December 10, 2014 had been assaulted by at least three Israeli border police. The witnesses all stated that the official, Ziad Abu Ein, 55, had not used any force against the Israeli forces, and that the security forces were suppressing a peaceful demonstration against Israel’s unlawful West Bank settlements. The evidence of the witnesses all suggested that Abu Ein could not reasonably have been seen to pose any threat to the security forces, meaning the assaults on him were unlawful.
The border police had blocked Abu Ein, the Palestinian Authority minister responsible for dealing with Israeli settlements and the separation barrier in the West Bank, and a group of about 120 other people from reaching an area near Turmus Ayya, a Palestinian town north of Ramallah, where they planned to plant olive trees. Four witnesses said that the protest was peaceful, accounts that video recordings and photographs of the confrontation by news media and protest participants corroborated.
“Israeli forces marked Human Rights Day by assaulting Palestinians peacefully attempting to plant olive trees, including a senior official who posed no physical threat and then died,” said Joe Stork, deputy Middle East and North Africa director at Human Rights Watch. “Israel’s allies should demand accountability for the assault, and for an end to the illegal settlement land-grabs that Abu Ein was protesting.”
Syrian rebel training program months from starting
The Hill reports: A program to train and equip 5,000 moderate Syrian rebels will begin in March and will not be completed until a year later in 2016, a senior State Department official told lawmakers on Wednesday.
“The training we hope will start in March,” Brett McGurk, deputy special presidential envoy to the coalition against the Islamic State in Iraq and Syria (ISIS) said at a House Foreign Affairs Committee hearing.
Lawmakers from both sides of the aisle expressed concern the program wasn’t moving fast enough to be effective against ISIS.“There’s no telling what ISIS can do in that year, and however many months it is,” said Rep. Ted Poe (R-Texas), a member of the committee.
“I don’t know anyone who seriously thinks that you can train effectively, even with successful vetting, 5,000 insurgents who are moderate and maybe secular, and they’re going to be reintroduced to Syria, and turn the tide,” said Rep. Gerry Connelly (D-Va.) [Continue reading…]
The victims of CIA torture
Noa Yachot from the ACLU writes: This International Human Rights Day – as we consider how we went so dramatically off course, and how we can make amends – let’s especially remember the victims and survivors of the U.S. torture program. They haven’t found recourse in U.S. courts, and they weren’t interviewed for the Senate report. Some remain detained without charge or trial, and many are still coping with the deep psychological scars and physical consequences of torture. But their stories can still be told, and the Senate report goes into laudable detail on what they endured.
Four such stories, based almost exclusively on information taken from the Senate torture report, are shared below. They don’t include the detainees forced to stand on broken legs, endure ice water baths, or undergo “rectal rehydration” (in reality, rape) at the hands of interrogators, at least one of whom had anger management issues while another “reportedly admitted to sexual assault.” These stories represent just a fraction of the prisoners profiled in the report, including at least 26 individuals wrongfully detained even according to the CIA’s unlawful standards.
But together, they represent many of the worst elements of the program – the abuse itself, the breakdown in oversight, the preference for merciless brutality over credible intelligence gathering, and the complicity of the highest levels of government. [Continue reading…]
The psychologists who taught the CIA how to torture (and charged $180 million)
Katherine Eban writes: I was the first reporter to enumerate the roles of the two key psychologists, James Elmer Mitchell and Bruce Jessen, as architects of the coercive interrogation tactics, in a 2007 story in Vanity Fair. The pair had previously been Air Force trainers in a program called SERE (Survival Evasion Resistance Escape), which subjected military members to mock interrogations—interrogations that ironically had been used by the Communist Chinese against American servicemen during the Korean war in order to produce false confessions.
Historically, the C.I.A. knew the tactics would not be useful. In 1989, the C.I.A. informed Congress that “inhumane physical or psychological techniques are counterproductive because they do not produce intelligence and will probably result in false answers.” In the desperate months after 9/11, the C.I.A. willfully ignored its own findings.
The agency threw in its lot with Mitchell and Jessen, who are identified in the report by the pseudonyms Swigert and Dunbar. As the report notes, “Neither psychologist had any experience as an interrogator, nor did either have specialized knowledge of al-Qa’ida, a background in counterterrorism, or any relevant cultural or linguistic expertise.” Nonetheless, the psychologists played a role in convincing the administration that if they were allowed to reverse engineer the SERE tactics, they could break down detainees, resulting in useful intelligence.
With no previous evidence of success, they were given the greenlight to use the training techniques on actual detainees. The F.B.I. had used rapport-building techniques to extract vital intelligence from Abu Zubaydah, one of the first detainees in our war on terror. From a hospital bed in Thailand, he disclosed to F.B.I. interrogators that Khalid Shaikh Mohammed was actually the mastermind behind the 9/11 attacks.
But subsequently, Mitchell showed up in Thailand, and began to oversee the work of breaking down Zubaydah: keeping him in a coffin-shaped box, blasting music at him, locking him in a freezing room. The C.I.A. falsely claimed credit for the intelligence he provided, and, ultimately, the use of the tactics spread like wildfire through C.I.A. and military interrogation sites. In short, Mitchell and Jessen sold the C.I.A. an argument it wanted to hear: namely, that the use of coercive interrogation techniques would produce groundbreaking intelligence and thereby prevent another attack. It was well known within the SERE community that the use of such techniques was better designed to produce false information. There was seemingly no legitimate argument for its utility. [Continue reading…]
This disaster happened because the CIA outsourced accountability
Patrick M. Skinner writes: As a former CIA case officer, it’s particularly maddening to read the report. Throughout the Senate Intelligence Committee’s report on the CIA’s detention and interrogation program, the reader can see where CIA Headquarters overruled the assessments of its own staff personnel that were at the various “black sites,” conducting—or, more often, witnessing—interrogations done by contractors. At numerous times throughout the interrogations of Abu Zubayda, Abd al-Rahman al-Nashiri, and Ramzi bin al-Shibh, agency officers communicated back to headquarters their assessment that the subject was cooperating or had no more information of value that warranted additional pressure. And virtually every time, headquarters came back with a more definitive assessment that they knew the subject was withholding more vital information.
Where did this certainty come from?
Part of the answer is that it wasn’t CIA personnel actually running the program, even if they were ultimately responsible for it. As noted in the Senate report, the overwhelming majority (80%) of the people directly involved in the disastrous program were contractors, with the initial and primary responsibility resting on two contractors who had zero relevant experience, as well as those in the Agency who vouched for them. While the most shameful details of the report involve the indefensible tactics, another shame is that the Agency — at great effort and expense — hired and trained some of the most capable people in the country to collect needed intelligence; and after the worst terrorist attack in our nation’s history, the agency outsourced one of its most important tasks.
Of course, no CIA personnel had the “relevant experience” in running detention programs because the agency wasn’t, and shouldn’t be, in that business. Once the decision was made for indefinite detention and interrogation, the agency decided to contract out this new mission to people who had even less experience, but who weren’t as bound to the agency code of ethics. This doesn’t excuse the agency from what happened; it actually makes it much more inexcusable, even allowing for the understandable fear and chaos after 9/11. [Continue reading…]
Doctor Mads Gilbert: ‘I saw beheaded children in Gaza’
Al Jazeera reports: When called to return to Gaza to help out in al-Shifa hospital, doctor Mads Gilbert was denied access with valid papers.
Gilbert told Al Jazeera that he was turned away at the Erez border crossing after Israeli authorities deemed him a “security risk”. After asking for an explanation, Gilbert was threatened with arrest.
Al Jazeera spoke with Gilbert about these events and what is happening beyond the checkpoint.
Al Jazeera: Did you just get a note from the Israelis saying you are no longer allowed to come back?
Mads Gilbert: No, actually, I had been in Gaza in June for three weeks on an assignment for the UN and they had applied for a multiple entry visa for me, which I got from the Israeli army. It was a multiple entry visa valid until the 11th of November. So I went in on that to do the job for the UN, stayed for three weeks, wrote up the report and went home to Tromso in Norway to pick up my call in the helicopter.
It is a week-long call. While I was on call in my helicopter, the bombing started. I went back to Amman over the Allenby Bridge to Erez. I showed my papers in the guard house, and he called up and he said ‘you are not allowed in’. I told him that my papers are valid and he said ‘no, we have a security problem with you and I can’t tell you what’.
So I called the commander at Erez and he was very cross and he said ‘we have orders from the higher authority of security and we have a security problem with you’, so I asked if they can tell me what the problem is and he said, ‘it’s none of your business and if you don’t leave the premises we will call the police, I will arrest you’.
So I called my ambassador and I called Tel Aviv. My diplomatic missions there and my minister of foreign affairs called them and they said ‘there is no way he is getting in’.
So I returned to Norway and the Norwegian authorities, my minister for foreign affairs, formally inquired and asked why and they only get the response that there is a security issue from Shin Bet Mossad.
Interestingly, the minister for foreign affairs has been protesting this denial of entry formally; they do not accept it. They have asked Israelis to reverse this denial, citing that it is inconceivable and unacceptable that humanitarian staff should not be allowed in to support Palestinians in a difficult situation on the medical side.
AJ: What do you think the reason is for them not letting you in?
MG: I think the truth is the security risk because when I, as a white medical doctor with blue eyes and white hair, tell the real story of the realities in the sharp end of the Israeli attacks, the Palestinians change from being terrorists to being humans, the numbers change from being numbers to being people, and the children appear as yours and my children. [Continue reading…]
Contrary to earlier claims, U.S. officials now believe French jihadist David Drugeon survived airstrikes
CNN reports: New information leads U.S. officials to believe that French jihadist David Drugeon, a bomb maker in the al-Qaeda affiliated Khorasan Group, survived U.S. strikes last month, U.S. officials tell CNN.
CNN’s reporting on Drugeon is the result of a collaboration with the French newspaper L’Express. Intelligence indicates Drugeon was seriously injured in the drone strike on his vehicle in November and immediately driven away for treatment at a location Jihadis felt was secure, L’Express is reporting Wednesday.
The new information is based in part on monitoring of al Qaeda and Khorasan communications, in additional to human intelligence, the official said. Initial information after the strikes in Idlib, Syria, led US intelligence to assess that it was possible Drugeon was killed. But recent intelligence changed that assessment. [Continue reading…]
Iran escalates in Iraq
The Soufan Group reports: Tehran’s employment of direct airpower in Iraq is a significant increase in its involvement and willingness to take military risks to defeat the so-called Islamic State. In terms of airpower, Iran had previously confined itself to returning to the Iraqi Air Force seven combat aircraft that the Saddam Hussein regime had flown to Iran at the start of the 1991 Gulf war to avoid destruction by U.S. and coalition air power. Because Iraq’s pilots do not have much experience operating combat jets, Iranian pilots flew the returned aircraft for Iraq; Iran acknowledged the death of one of its pilots at the hands of Islamic State anti-aircraft fire in October.
To date, the bulk of Iran’s involvement in Iraq has consisted of weapons shipments to the Iraq Security Forces (ISF) and Kurdish peshmerga fighters, reactivation and funding of Shi’a militia forces Iran formed in 2004, and military advice by the Quds Force of the Islamic Revolutionary Guard Corps (IRGC-QF). Photographs of the head of the IRGC-QF, General Qasim Sulaymani, have appeared frequently on social media on various Iraq battlefields, providing advice to Iraqi Shi’a militia and ISF commanders.
The Iranian airstrike in early December was reportedly conducted near the town of Jalula, a mostly Kurdish town in Diyala Province that lies only about 25 miles from the Iranian border. In late November, Kurdish peshmerga recaptured Jalula and nearby towns from Islamic State fighters, but these fighters remained nearby and continue to pose a threat to those towns and areas closer to the Iranian border. At the start of the major Islamic State offensive in June, Tehran had declared it would act militarily if Islamic State fighters moved to within 40 miles of Iran’s border; the Iranian airstrike was a direct enforcement of that threat. [Continue reading…]
Obama administration still operates under Bush torture memos
Gregg Levine writes: With today’s release of what is being shorthanded as the “torture report” (in reality, an executive summary less than one-tenth the size of the full classified document), America now has the printed consensus behind President Barack Obama’s August admission (for lack of a better word): “We tortured some folks.”
“While the Office of Legal Counsel found otherwise between 2002 and 2007, it is my personal conclusion that, under any common meaning of the term, CIA detainees were tortured,” said Sen. Diane Feinstein, D-Calif., chairwoman of the Senate Intelligence Committee.
But, as noted in today’s release, the Bush OLC knew they were doing legal gymnastics. White House lawyers specifically asked the Attorney General for “a formal declination of prosecution, in advance” for anyone the US oversaw who employed the techniques we now all understand to be torture. They knew in advance that the acts that were illegal, so they asked — in advance — for a blanket amnesty.
They knew it was illegal then, so what does that mean today?
As is implied by Feinstein’s use of those dates, and was likely inferred by most who heard the president this summer, the summary of the Senate Select Committee on Intelligence torture report is looking backward (something Obama pooh-poohed in his earliest days in office), with the assumption that after 2007, or at least after the 2009 handover at the White House, everything changed.
But it is the reference to the OLC findings — in the summary and in Feinstein’s statement — that sort of strips the insulation off that convenient construct. [Continue reading…]
The CIA’s torture report response
Micah Zenko writes: There will be a tremendous number of reactions to the graphic and troubling findings contained in the Senate Select Committee on Intelligence (SSCI) study’s executive study of the CIA’s detention and interrogation program. There will be far fewer reactions to the CIA response to the SSCI, in the form of a June 27, 2013, memo that the CIA released today. According to a forward from Director of Central Intelligence John Brennan, “The CIA’s comments on the Study were the result of a comprehensive and thorough review of the Study’s 20 conclusions and 20 case studies.” However, there is one CIA acknowledgment that should be as disturbing as anything that is contained within the SSCI study itself.
Page 24 of the CIA memo addresses the SSCI’s conclusion that the “CIA never conducted its own comprehensive analysis of the effectiveness of the CIA’s enhanced interrogation techniques.” The CIA’s response:
We agree with Conclusion 10 in full. It underpins the most important lesson that we have drawn from The Study: CIA needs to develop the structure, expertise, and methodologies required to more objectively and systematically evaluate the effectiveness of our covert actions.
We draw this lesson going forward fully aware of how difficult it can be to measure the impact of a particular action or set of actions on an outcome in a real-world setting.
Therefore, the CIA admitted that—as late as June 2013—it was simply incapable of evaluating the effectiveness of its covert activities. This apparently made it impossible for CIA officials and those within the Counterterrorism Center (CTC), who were responsible for detaining and interrogating the 119 known detainees, to examine and assess if this detention and interrogation program was working at all. [Continue reading…]
CIA torture report may set off global prosecutions
Eli Lake and Josh Rogin write: The release of the Senate Intelligence Committee’s report on the CIA’s secret prisons roiled Washington Tuesday, but its real impact could be felt in courtrooms across the globe in the months and years to come.
Attorneys for human rights organizations are now poring over the 525-page declassified summary of the Senate majority report to find new material that could revive long-dormant and failed civil and criminal lawsuits on behalf of those detained by the Central Intelligence Agency.
While many American and international nongovernmental organizations have mounted legal challenges on behalf of people who were detained, transferred and harshly interrogated by the CIA and allied governments, these court challenges have rarely been successful. One reason is that the Justice Department under Presidents George W. Bush and Barack Obama have asserted that almost all details about the CIA program were a state secret. And while some government reports have been released about the black sites, the Senate committee’s majority report released Tuesday is the most comprehensive and detailed document to date. [Continue reading…]
