Syria: The disappeared

Bente Scheller writes: I was first confronted with the fate of political prisoners in Syria fifteen years ago. To this day, I am grateful for the conversations with lawyers such as Anwar al-Bounni who is in attendance today and Razan Zeitouneh, who was abducted in 2013.

One day, Razan Zeitouneh took me along to meet Fares Mourad who had, after twenty years imprisonment, finally been released. First sentenced to death, his sentence was later reduced to seven years imprisonment, and yet he was detained for another thirteen years. Prisoners in Syria were never granted claimable rights.

Fares was sitting across from me. Even though he could no longer raise his head and was only able to look at me with great strain, he smiled: “What irony that the first foreigner I meet happens to be German,” he said and pointed to his overstretched neck: “We call the torture technique with which this was done to me the ‘German chair’.”

Excruciating detention conditions and torture always were defining features of the Syrian state under Assad rule. That did not first begin with the onset of the Syrian revolution.

Thousands were killed in the Hama massacre in 1982, while thousands more disappeared in prisons. To date, no trace of them has been found.

The neighbouring country, Lebanon, saw the Syrian army in their capacity as occupying power deport political prisoners to Syria and to this day 30,000 of those disappeared are not accounted for. [Continue reading…]

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U.S. accuses Syria of mass executions and burning bodies

The Washington Post reports: The Syrian government has constructed and is using a crematorium inside its notorious Sednaya military prison outside Damascus to clandestinely dispose of thousands of prisoners it continues to execute inside the facility.

At least 50 prisoners a day are executed in the prison, some in mass hangings, said Stuart Jones, the acting assistant secretary of state for the Middle East. A recent Amnesty International report called Sednaya a “human slaughterhouse” and said that thousands of Syrians have been abducted, detained and “exterminated” there.

The government of President Bashar al-Assad, Jones said, has carried out these atrocities and others “seemingly with the unconditional support from Russia and Iran,” his main backers.

The information, he said, came from human rights and nongovernmental sources, as well as “intelligence assessments.” He released overhead photographs of the facility.

Russia, Jones said, “has either aided in or passively looked away as the regime has” engaged in years of “mass murders” and other atrocities, including extensive bombing of hospitals and other health-care sites and the use of chemical weapons on both civilians and rebel forces. [Continue reading…]

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Trump poised to lift ban on CIA ‘black site’ prisons

The New York Times reports: The Trump administration is preparing a sweeping executive order that would clear the way for the C.I.A. to reopen overseas “black site” prisons, like those where it detained and tortured terrorism suspects before former President Barack Obama shut them down.

President Trump’s three-page draft order, titled “Detention and Interrogation of Enemy Combatants” and obtained by The New York Times, would also undo many of the other restrictions on handling detainees that Mr. Obama put in place in response to policies of the George W. Bush administration.

If Mr. Trump signs the draft order, he would also revoke Mr. Obama’s directive to give the International Committee of the Red Cross access to all detainees in American custody. That would be another step toward reopening secret prisons outside of the normal wartime rules established by the Geneva Conventions, although statutory obstacles would remain. [Continue reading…]

The Daily Beast reports: “The President can sign whatever executive orders he likes. But the law is the law. We are not bringing back torture in the United States of America,” said Republican Senator John McCain, himself a victim of torture at the hands of his Vietnamese captors.

“We haven’t engaged in waterboarding since 2004…We haven’t used black sites since President Bush emptied the black sites, and we’ve somehow managed to keep our country safe,” said former CIA chief of staff Jeremy Bash, in answer to a Daily Beast question. “I have picked up precisely zero appetite for doing that again from intelligence officers,” a sentiment echoed by other former intelligence officers.

“With respect to torture, that’s banned,” Senate Republican Conference Chair John Thune told reporters Wednesday afternoon. “We view that to be a matter of settled law.” [Continue reading…]

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How Obama left the door open for Trump to resume torture

The New York Times reports: As a presidential candidate, Donald J. Trump vowed to refill the cells of the Guantánamo Bay prison and said American terrorism suspects should be sent there for military prosecution. He called for targeting mosques for surveillance, escalating airstrikes aimed at terrorists and taking out their civilian family members, and bringing back waterboarding and a “hell of a lot worse” — not only because “torture works,” but because even “if it doesn’t work, they deserve it anyway.”

It is hard to know how much of this stark vision for throwing off constraints on the exercise of national security power was merely tough campaign talk. But if the Trump administration follows through on such ideas, it will find some assistance in a surprising source: President Obama’s have-it-both-ways approach to curbing what he saw as overreaching in the war on terrorism.

Over and over, Mr. Obama has imposed limits on his use of such powers but has not closed the door on them — a flexible approach premised on the idea that he and his successors could be trusted to use them prudently. Mr. Trump can now sweep away those limits and open the throttle on policies that Mr. Obama endorsed as lawful and legitimate for sparing use, like targeted killings in drone strikes and the use of indefinite detention and military tribunals for terrorism suspects.

And even in areas where Mr. Obama tried to terminate policies from the George W. Bush era — like torture and the detention of Americans and other people arrested on domestic soil as “enemy combatants” — his administration fought in court to prevent any ruling that the defunct practices had been illegal. The absence of a definitive repudiation could make it easier for Trump administration lawyers to revive the policies by invoking the same sweeping theories of executive power that were the basis for them in the Bush years. [Continue reading…]

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17,723 people have died in custody inside Syria’s prisons

Amnesty International reports: The horrifying experiences of detainees subjected to rampant torture and other abuse in Syrian government prisons are detailed in a damning new report published by Amnesty International today (18 August), which estimates that more than 17,723 people have died in custody in Syria over the past five years – an average of more than 300 people each month, about 10 a day.

The 69-page report, ‘It breaks the human’: Torture, disease and death in Syria’s prisons, documents the cases of 65 torture survivors who’ve described appalling abuse and inhuman conditions in detention centres operated by various Syrian intelligence agencies and in one of Syria’s most notorious jails, Saydnaya Military Prison, on the outskirts of Damascus. Most said they had witnessed prisoners dying in custody – some beaten to death – and several former detainees described being held in cells alongside dead bodies.

The majority of survivors told Amnesty that abuse would begin instantly upon their arrest and during transfers, even before they set foot in a detention centre. Upon arrival detainees described a “welcome party” ritual involving severe beatings, often using silicone or metal bars or electric cables. These were often followed by “security checks”, during which women in particular reported being subjected to rape and sexual assault by male guards. [Continue reading…]

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Hundreds ‘disappeared’ by security forces in Egypt, says Amnesty

The Guardian reports: Hundreds of Egyptians have been forcibly disappeared and tortured in a “sinister” campaign to wipe out peaceful dissent in the most populous country in the Arab world, Amnesty International says in a new report.

Children as young as 14 as well as students, political activists and protesters have vanished without trace after security forces raided their homes. Many have been held for months at a time and kept blindfolded and handcuffed. At least 34,000 people are behind bars, the government admits.

Most of those who have “disappeared” are supporters of Mohamed Morsi, the democratically elected Muslim Brotherhood president who was deposed in July 2013 and eventually replaced by president Abdel-Fatah al-Sisi.

Amnesty’s report also mentions the case of the Italian Giulio Regeni, the Cambridge graduate student who was found dead, with his body bearing signs of torture, in Cairo in February.

“The terrible injuries sustained by Giulio Regeni are similar to those suffered by numerous people interrogated by the Egyptian security forces – his case is just the tip of the iceberg,” said Amnesty’s Felix Jakens. [Continue reading…]

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UK took weeks to act on Cairo student killing concerns

Middle East Eye reports: The British foreign secretary expressed serious concerns about allegations of Egyptian security service involvement in the killing of a Cambridge University student in Cairo weeks before the UK government called for a “full and transparent” investigation into the case, Middle East Eye can reveal.

In a 24 March letter obtained exclusively by MEE, Foreign Secretary Philip Hammond wrote to Prime Minister David Cameron warning that reports that Egyptian security forces were involved in the death of Giulio Regeni would be an “extremely concerning development” if proved correct.

Regeni’s battered body was found in a ditch nine days after he had gone missing on 25 January, the anniversary of the Tahrir Square revolution.

The 28-year-old was in Egypt researching labour movements – a contentious subject in the country – as part of his doctoral studies at Cambridge.

The government led by President Abdel Fattah al-Sisi has faced accusations that its security forces were responsible for Regeni’s torture and death. It has repeatedly denied the allegations.

Relations between Italy and Egypt have soured in recent days over the investigation. Officials from Cairo refused to hand over what Rome saw as vital evidence, including mobile phone records and CCTV footage from the night Regeni went missing.

On Friday, Italy recalled its ambassador to Egypt for consultations in protest of the lack of progress in the probe.

Two weeks earlier in his letter to the prime minister whom he addresses as “David”, Hammond writes, “My officials have followed the case of Mr Regeni closely since his disappearance”.

“The UK is aware of reports of the Egyptian security forces’ involvement in Mr Regeni’s death. If substantiated, this would be an extremely concerning development,” the Foreign Secretary added. [Continue reading…]

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The Assad files

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Ben Taub reports: The investigator in Syria had made the drive perhaps a hundred times, always in the same battered truck, never with any cargo. It was forty miles to the border, through eleven rebel checkpoints, where the soldiers had come to think of him as a local, a lawyer whose wartime misfortunes included a commute on their section of the road. Sometimes he brought them snacks or water, and he made sure to thank them for protecting civilians like himself. Now, on a summer afternoon, he loaded the truck with more than a hundred thousand captured Syrian government documents, which had been buried in pits and hidden in caves and abandoned homes.

He set out at sunset. To the fighters manning the checkpoints, it was as if he were invisible. Three reconnaissance vehicles had driven ahead, and one confirmed by radio what the investigator hoped to hear: no new checkpoints. Typically, the border was sealed, but soldiers from the neighboring country waved him through. He drove until he reached a Western embassy, where he dropped off the cargo for secure transfer to Chris Engels, an American lawyer. Engels expected the papers to include evidence linking high-level Syrian officials to mass atrocities. After a decade spent training international criminal-justice practitioners in the Balkans, Afghanistan, and Cambodia, Engels now leads the regime-crimes unit of the Commission for International Justice and Accountability, an independent investigative body founded in 2012, in response to the Syrian war.

In the past four years, people working for the organization have smuggled more than six hundred thousand government documents out of Syria, many of them from top-secret intelligence facilities. The documents are brought to the group’s headquarters, in a nondescript office building in Western Europe, sometimes under diplomatic cover. There, each page is scanned, assigned a bar code and a number, and stored underground. A dehumidifier hums inside the evidence room; just outside, a small box dispenses rat poison.

Upstairs, in a room secured by a metal door, detailed maps of Syrian villages cover the walls, and the roles of various suspects in the Syrian government are listed on a whiteboard. Witness statements and translated documents fill dozens of binders, which are locked in a fireproof safe at night. Engels, who is forty-one, bald and athletic, with a precise, discreet manner, oversees the operation; analysts and translators report directly to him.

The commission’s work recently culminated in a four-hundred-page legal brief that links the systematic torture and murder of tens of thousands of Syrians to a written policy approved by President Bashar al-Assad, coördinated among his security-intelligence agencies, and implemented by regime operatives, who reported the successes of their campaign to their superiors in Damascus. The brief narrates daily events in Syria through the eyes of Assad and his associates and their victims, and offers a record of state-sponsored torture that is almost unimaginable in its scope and its cruelty. Such acts had been reported by survivors in Syria before, but they had never been traced back to signed orders. [Continue reading…]

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Classified report on the CIA’s secret prisons is caught in limbo

The New York Times reports: A Senate security officer stepped out of the December chill last year and delivered envelopes marked “Top Secret” to the Pentagon, the C.I.A., the State Department and the Justice Department. Inside each packet was a disc containing a 6,700-page classified report on the C.I.A.’s secret prison program and a letter from Senator Dianne Feinstein, urging officials to read the report to ensure that the lessons were not lost to time.

Today, those discs sit untouched in vaults across Washington, still in their original envelopes. The F.B.I. has not retrieved a copy held for it in the Justice Department’s safe. State Department officials, who locked up their copy and marked it “Congressional Record — Do Not Open, Do Not Access” as soon as it arrived, have not read it either.

Nearly a year after the Senate released a declassified 500-page summary of the report, the fate of the entire document remains in limbo, the subject of battles in the courts and in Congress. Until those disputes are resolved, the Justice Department has prohibited officials from the government agencies that possess it from even opening the report, effectively keeping the people in charge of America’s counterterrorism future from reading about its past. There is also the possibility that the documents could remain locked in a Senate vault for good. [Continue reading…]

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Enforced disappearances: The Syrian government’s organized attack in which more than 58,000 civilians have gone missing

Amnesty International: The vast scale and chillingly orchestrated nature of tens of thousands of enforced disappearances by the Syrian government over the past four years is exposed in a new report by Amnesty International published today.

Between prison and the grave: Enforced disappearances in Syria reveals that the state is profiting from widespread and systematic enforced disappearances amounting to crimes against humanity, through an insidious black market in which family members desperate to find out the fates of their disappeared relatives are ruthlessly exploited for cash.

“This report describes in heart-breaking detail the devastation and trauma of the families of the tens of thousands of people who have vanished without trace in Syria, and their cruel exploitation for financial gain.”

The scale of the disappearances is harrowing. The Syrian Network for Human Rights has documented at least 65,000 disappearances since 2011 – 58,000 of them civilians. Those taken are usually held in overcrowded detention cells in appalling conditions and cut off from the outside world. Many die as a result of rampant disease, torture and extrajudicial execution. [Continue reading…]

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How U.S. officials can kidnap and threaten American citizens without legal risk

Patrick G. Eddington writes: At exactly 5 p.m. on March 13, 2007, just as I was preparing to leave my cubicle in Washington for the day, I got a phone call from the journalist Jonathan Landay of McClatchy Newspapers. To this day, I remember his exact words.

“One of your congressman’s constituents is being held in an Ethiopian intelligence service prison, and I think your former employer is neck-deep in this.”

The congressman was Rush Holt, then a Democratic representative from New Jersey, for whom I worked for 10 years starting in 2004. The constituent was Amir Mohamed Meshal of Tinton Falls, N.J., who alleges that he was illegally taken to Ethiopia, where he was threatened with torture by American officials. My “former employer” was the Central Intelligence Agency, but it soon became apparent that the agency “neck-deep in this” was the Federal Bureau of Investigation.

Eight years after Mr. Meshal’s rendition, his case ended up before a three-judge panel of the United States Court of Appeals for the District of Columbia. The questions hanging over the proceeding were: can the United States government allow, or even facilitate, the rendition of an American citizen to another country for interrogation? And can United States officials themselves conduct rendition and interrogations of American citizens, including threats of torture, on foreign soil?

According to a decision handed down last week, the answers appear to be yes. [Continue reading…]

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Israel rearrests Palestinian hunger striker after his health improves

Al Jazeera reports: Israeli authorities detained a Palestinian man on Wednesday, just hours after he was discharged from an Israeli hospital for treatment after a two-month hunger strike to protest his earlier detention.

Mohammed Allaan’s condition had improved enough for him to be discharged, the Barzilai hospital in southern Israel said earlier in the day.

His lawyer, Jamil Khatib, said that shortly after Allaan left the hospital he was detained again by Israeli authorities. Allaan was originally detained in November 2014 and held without charges.

Israel accuses the 31-year-old Allaan of links to Islamic Jihad, a Palestinian armed group. Allaan denies the affiliation. [Continue reading…]

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Obama’s secret elite interrogation squad may not be so elite — and might be doomed

The Huffington Post reports: When President Barack Obama took office, he promised to overhaul the nation’s process for interrogating terror suspects. His solution: the High-Value Detainee Interrogation Group, or HIG, a small interagency outfit that would use non-coercive methods and the latest psychological research to interrogate America’s most-wanted terrorists — all behind a veil of secrecy.

Today, the HIG often gets the first jab at America’s most-wanted terror suspects. Since its creation in August 2009, HIG teams have questioned a bevy of top detainees, including Times Square bomber Faisal Shahzad, Boston bomber Dzhokhar Tsarnaev and Umm Sayyaf, the wife of a high-profile Islamic State leader killed in a drone strike.

But six years on, the Obama administration’s elite interrogation force is on shaky ground. U.S. officials and outside critics question the effectiveness of its interrogators, whether they’re following their own training, and whether they can continue to rely on psychological research to help break suspects. Congress and the White House, which once saw the group as a key to reinventing the nation’s counterterrorism strategy, aren’t paying attention. And those struggles illuminate a broader reality: Obama’s limited reforms to how American detains, interrogates and prosecutes suspected terrorists are ad-hoc and fragile. His successor could scrap most of them — the HIG included — with the stroke of a pen. [Continue reading…]

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CIA photos of ‘black sites’ could complicate Gitmo trials

The Washington Post reports: Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said.

The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.

Defense attorneys said they have not yet been informed about the photographs and said it is unacceptable that they should come to light now, more than three years after the arraignment of Khalid Sheik Mohammed and four other defendants accused of planning the Sept. 11, 2001, attacks. [Continue reading…]

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Disappearances in Syria: The ghosts of the war

Peaceful activist Mohamed Bachir Arab has been missing since November 2, 2011.

Amnesty: The last time Rania (not her real name) spoke to her friend Mohamed Bachir Arab, was on 1 November 2011. As a hard working doctor and committed political activist, Mohamed had been living in hiding for six months, trying to evade the ever present tentacles of the Syrian intelligence forces, who routinely detain peaceful activists like him.

The following day her worst fears were realized. A strap line on the evening news announced he had been arrested. None of his relatives knew where he had been taken.

Mohamed was a marked man. He had been a student leader at his university in the city of Aleppo, in north-west Syria. Over the years, he had organized a number of protests against government policies, which had landed him in trouble with the authorities. Between 2004 and 2005 he was detained for several months before being released.

But this time, his relatives and colleagues feared it was different. Since the crisis in Syria began in March 2011, the number of individuals who have been detained in secret by the state – or forcibly disappeared – has spiralled out of control.

“The Syrian authorities’ strategy to deal with dissent is brutal: speak against them once and they’ll arrest you; do it again and they will simply make you disappear,” said Philip Luther, Director for the Middle East and North Africa at Amnesty International.

Many of those lucky enough to be released, after months sometimes years in detention, bear the scars of the brutal treatment they have been subjected to.

Most of them have spoken about passing through a number of the detention centres that make up the dark maze of abuse controlled by the Syrian security forces and intelligence agencies. [Continue reading…]

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Afghanistan 2016 withdrawal keeps secret Bagram detainees in limbo

The Guardian reports: President Barack Obama’s decision to keep American troops in Afghanistan until 2016 is likely to mean two more years behind bars for America’s most secret detainee population, according to Pentagon officials.

On the outskirts of the massive Bagram airfield, about an hour’s drive from the capital of Kabul and in what the military calls the Detention Facility in Parwan, the US holds about 50 prisoners. The government has publicly disclosed nearly nothing about them, not even their names, save for acknowledging that they are not Afghans.

These are the last detainees the US holds in the Afghanistan war. It relinquished hundreds of Afghan detainees, and almost all of the detention facility, to Afghan control last year. Sometimes called, in military parlance, “Enduring Security Threats”, the non-Afghans have posed a dilemma for the Department of Defense for years, as officials pondered what to do about them ahead of a pullout that had been anticipated for December 2014. [Continue reading…]

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Tom Engelhardt: Knowledge is crime

Why kidnapping, torture, assassination, and perjury are no longer crimes in Washington
By Tom Engelhardt

How the mighty have fallen.  Once known as “Obama’s favorite general,” James Cartwright will soon don a prison uniform and, thanks to a plea deal, spend 13 months behind bars.  Involved in setting up the earliest military cyberforce inside U.S. Strategic Command, which he led from 2004 to 2007, Cartwright also played a role in launching the first cyberwar in history — the release of the Stuxnet virus against Iran’s nuclear program.  A Justice Department investigation found that, in 2012, he leaked information on the development of that virus to David Sanger of the New York Times. The result: a front-page piece revealing its existence, and so the American cyber-campaign against Iran, to the American public.  It was considered a serious breach of national security.  On Thursday, the retired four-star general stood in front of a U.S. district judge who told him that his “criminal act” was “a very serious one” and had been “committed by a national security expert who lost his moral compass.” It was a remarkable ending for a man who nearly reached the heights of Pentagon power, was almost appointed chairman of the Joint Chiefs of Staff, and had the president’s ear.

In fact, Gen. James Cartwright has not gone to jail and the above paragraph remains — as yet — a grim Washington fairy tale.  There is indeed a Justice Department investigation open against the president’s “favorite general” (as Washington scribe to the stars Bob Woodward once labeled him) for the possible leaking of information on that virus to the New York Times, but that’s all.  He remains quite active in private life, holding the Harold Brown Chair in Defense Policy Studies at the Center for Strategic and International Studies, as a consultant to ABC News, and on the board of Raytheon, among other things. He has suffered but a single penalty so far: he was stripped of his security clearance.

A different leaker actually agreed to that plea deal for the 13-month jail term.  Nearly three weeks ago, ex-State Department intelligence analyst Stephen E. Kim pled guilty to “an unauthorized disclosure of national defense information.”  He stood before U.S. District Judge Colleen Kollar-Kotelly, who offered those stern words of admonition, and took responsibility for passing classified information on the North Korean nuclear program to Fox News reporter James Rosen in 2009. 

Still, someday Cartwright might prove to be unique in the annals of Obama era jurisprudence — the only Washington figure of any significance in these years to be given a jail sentence for a crime of state.  Whatever happens to him, his ongoing case highlights a singular fact: that there is but one crime for which anyone in America’s national security state can be held accountable in a court of law, and that’s leaking information that might put those in it in a bad light or simply let the American public know something more about what its government is really doing.

If this weren’t Washington 2014, but rather George Orwell’s novel 1984, then the sign emblazoned on the front of the Ministry of Truth — “War is Peace, Freedom is Slavery, Ignorance is Strength” — would have to be amended to add a fourth slogan: Knowledge is Crime.

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How the U.S. turned the world into a war zone

Gregory D Johnsen writes: Sunrise was still nearly an hour off when Nazih al-Ruqai climbed into his black Hyundai SUV outside a mosque in northern Tripoli and turned the key. The lanky 49-year-old had left the house barely 30 minutes earlier for a quick trip to the mosque on a Saturday. It was Oct. 5, 2013, and after more than two decades in exile, he had settled into a predictable existence of prayer and worship.

The homecoming hadn’t always been so smooth. Ruqai, who is better known in the jihadi world as Abu Anas al-Libi, was still feeling the effects of the hepatitis C he had contracted years earlier during a stint in an underground prison in Iran. Following overtures from Muammar al-Qaddafi’s government, his wife and children had returned to Libya in 2010. But Libi stayed away, wary of the man he had once plotted to kill. Only when the Libyan uprisings started in early 2011 did he follow his family back to Libya. But by then it was already too late. His oldest son, Abd al-Rahman, the only one of his five children who had been born in Libya, was dead, shot while fighting for the capital.

After that, things moved in fits and starts. Qaddafi was killed weeks later in October 2011, and Libi eventually settled in Nufalayn, a leafy middle-class neighborhood in northeast Tripoli, alongside several members of his extended family. Life after Qaddafi was chaotic and messy — nothing really worked as the new government struggled to reboot after 42 years of dictatorship, often finding itself at the mercy of the heavily armed militias and tribes that had contributed to Qaddafi’s downfall.

Libi knew he was a wanted man. He had been on the FBI’s most wanted list for more than a decade, following an indictment in 2000 for his alleged role in al-Qaeda’s attacks on U.S. embassies in Kenya and Tanzania two years earlier. Along with Libi the indictment named 20 other individuals, including Osama bin Laden and Ayman al-Zawahiri, as defendants.

“He suspected that at any moment he would be killed,” his son later told The New York Times. Still, on that Saturday morning in early October, much of the danger seemed to have passed. Libi had been living in the open for nearly a year, attending prayers and settling local disputes, where his history as a fighter and knowledge of the Qur’an made him a respected arbiter. Neighbors called him simply “the shaykh,” a sign of respect in the conservative circles in which Libi still moved.

He had also taken steps to address his past. Three weeks earlier, on Sept. 15, Libi had sat down with Libya’s attorney general to discuss his indictment, according to one report. (The Libyan Embassy in Washington did not respond to repeated requests to confirm Libi’s meeting.) But mostly he just wanted to move on with his life. He had applied for his old job at the Ministry of Oil and Gas and he couldn’t stop talking about how much he was looking forward to becoming a grandfather for the first time.

A trio of cars around 6 a.m. ended all of that.

Inside the family’s apartment, Libi’s wife heard the commotion. From a window she looked out over the beige wall that surrounded their building and into the street where several men had surrounded her husband, who was still in the driver’s seat of his black Hyundai.

“Get out,” the men shouted in Arabic. “Get out.” Then they smashed the window. Most of the men were masked, but she could see a few faces, she said later in Arabic interviews. They looked Libyan; they sounded Libyan. Some of them had guns; some didn’t, but they all moved quickly.

By the time the rest of the family made it to the street, all that was left was a single sandal and a few drops of blood.

Early that same morning, nearly 3,000 miles away in the seaside city of Baraawe on Somalia’s eastern coast, U.S. Navy SEALs crept through the darkness toward their target, which a local resident later described to me as a walled compound more than 100 yards inland. The Americans had been here before. Four years earlier, in September 2009, a contingent of Navy SEALs had ambushed a two-car convoy just outside of town. Flying low in helicopter gunships, the SEALs quickly disabled the cars and then touched down to collect the bodies.

This time the target — Abd al-Qadir Muhammad Abd al-Qadir, a young Kenyan of Somali descent better known as Ikrima — was stationary. The SEALs would have to go in and get him. Pre-raid intelligence suggested that the compound housed mostly fighters with few or no civilians present. Only 130 miles south of Mogadishu and what passed for the Somali government, Baraawe had been under the control of al-Shabaab, a fragmentary militant group, since 2009. Fighters came and went freely, as al-Shabaab implemented its own narrow version of Islamic law in the city.

Moving up the beach and into enemy territory, the SEALs needed the element of surprise. Through the trees and scrub brush ahead of them, most of the city was dark. Baraawe had only a few hours of electricity each day, usually from evening prayers until midnight. But al-Shabaab’s members lived separately and, along with some of the city’s wealthier residents, got around the shortages by running private generators. The plan that night took this into account, calling for the SEALs to jam internet signals, apparently in an attempt to cut off communication once the raid began. That would prove to be a mistake.

Inside the compound, some of the al-Shabaab fighters were up late and online. And, according to a report in the Toronto Star, when the internet suddenly went out in the middle of the night, they went to look for the source of the problem. At least one fighter stepped outside, and as he moved around in the darkness he spotted some of the SEALs.

The plan to knock the internet offline and isolate the fighters in the villa had backfired, effectively giving al-Shabaab an early warning that the SEALs were on their way. (In the days after the raid, al-Shabaab would arrest a handful of local men who were known to visit Western websites, accusing them of spying and aiding U.S. efforts.)

The firefight lasted several minutes, although residents reported hearing gunfire throughout the night as members of al-Shabaab discharged their weapons into the dark for hours after the Americans had withdrawn, empty-handed.

In the span of a few hours, the U.S. had launched a pair of raids — one successful and one not — 3,000 miles apart, in countries with which the nation was not at war. Hardly anyone noticed.

More than a dozen years after the Sept. 11 attacks, this is what America’s war looks like, silent strikes and shadowy raids. The Congressional Research Service, an analytical branch of the Library of Congress, recently said that it had located at least 30 similar occurrences, although the number of covert actions is likely many times higher with drones strikes and other secret operations. The remarkable has become regular.

The White House said that the operations in both Libya and Somalia drew their authority from the Authorization for the Use of Military Force, a 12-year-old piece of legislation that was drafted in the hours after the Sept. 11 attacks. At the heart of the AUMF is a single 60-word sentence, which has formed the legal foundation for nearly every counterterrorism operation the U.S. has conducted since Sept. 11, from Guantanamo Bay and drone strikes to secret renditions and SEAL raids. Everything rests on those 60 words. [Continue reading…]

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Penny Lane: Gitmo’s other secret CIA facility

The Associated Press reports: A few hundred yards from the administrative offices of the Guantánamo Bay prison, hidden behind a ridge covered in thick scrub and cactus, sits a closely held secret.

A dirt road winds its way to a clearing where eight small cottages sit in two rows of four. They have long been abandoned. The special detachment of Marines that once provided security is gone.

But in the early years after 9/11, these cottages were part of a covert CIA program. Its secrecy has outlasted black prisons, waterboarding and rendition.

In these buildings, CIA officers turned terrorists into double agents and sent them home.

It was a risky gamble. If it worked, their agents might help the CIA find terrorist leaders to kill with drones. But officials knew there was a chance that some prisoners might quickly spurn their deal and kill Americans.

For the CIA, that was an acceptable risk in a dangerous business. For the American public, which was never told, it was one of the many secret trade-offs the government made on its behalf. At the same time the government used the threat of terrorism to justify imprisoning people indefinitely, it was releasing dangerous people from prison to work for the CIA.

Nearly a dozen current and former U.S. officials described aspects of the program to The Associated Press. All spoke on condition of anonymity because they were not authorized to publicly discuss the secret program, even though it ended in about 2006. [Continue reading…]

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