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…]
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…]
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?
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…]
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…]
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…]
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…]
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…]
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.
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…]
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…]
John Sifton writes: I have just arrived here in the Gambia, in westernmost Africa, to testify before the African Commission of Human Rights about a CIA rendition case involving Djibouti, 4,000 miles east at the mouth of the Red Sea.
The case against Djibouti was brought by Mohammed Abdullah Saleh al-Asad, a Yemeni citizen who was arrested in 2003 in Tanzania and taken on a private flight to Djibouti. There the CIA — with help from Djibouti authorities — detained him short term and then flew him to another CIA facility in Afghanistan. His petition provides evidence that he was subjected to beatings and torture in both locations. The CIA appears to have realized later that al-Asad was not involved in terrorism or al-Qaeda, and returned him to Yemen in 2005.
The al-Asad case is one of several brought to hold the US government and its co-perpetrators accountable for unlawful arrests, detentions, and interrogations carried out by the CIA during the Bush administration — serious abuses that my colleagues and I documented for Human Rights Watch in numerous reports in 2004 to present. Known CIA interrogation techniques included severe sleep deprivation, forced standing, exposure to cold, slapping and hitting, confining detainees in small boxes, and throwing detainees against the wall. Some were waterboarded. [Continue reading…]
By Cora Currier, ProPublica, March 22, 2013
Federal prosecutors in Brooklyn unsealed an indictment Wednesday charging Ibrahim Suleiman Adnan Adam Harun with six terrorism-related counts.
The announcement that Harun is in U.S. custody in New York may also shed light on a small part one of the most secretive aspects of U.S. counterterrorism operations during the Bush administration: What became of terror suspects held by the CIA in its network of “black-site” prisons around the world? Or disappeared into foreign cells in extraordinary renditions?
With their indictment of Harun, prosecutors offered a basic account of how the 43-year-old Nigerian 2013 described as “a prototype Al Qaeda Operative” 2013 spent the last decade. He fought U.S. forces in Afghanistan, prosecutors said, before leaving for Africa, where he allegedly conspired to bomb U.S. diplomatic facilities. Harun, also known by his alias Spin Ghul, eventually wound up in Libyan prison for six years before he was released amid the turmoil of the uprising against Muammar Qaddafi.
Did the U.S. know that he was in Libya, and did they play a role in his detention? Did the CIA work with the Libyans to then obtain information from him?
Testimony from an alleged former CIA detainee, a leaked document from the military prison at Guantanamo Bay, and evidence from cases of others rendered to Libya suggest that might be so.
The Daily Beast reports: Guantanamo Bay is still often in the public eye, especially now that a military commission is pursuing the 9/11 case there against alleged terrorist mastermind Khalid Sheikh Mohammed. But there’s a site where the United States is holding detainees overseas in even more restrictive conditions then Guantanamo: a prison in Afghanistan, at the sprawling Bagram Air Base. Recently, the U.S. government agreed to transfer Afghan prisoners into the custody of the Afghan government. But there was a wrinkle: People who aren’t Afghans—who were taken to Bagram by the United States from outside the country—aren’t included in the agreement.
Today, Justice Department lawyers head to federal court to argue that these international detainees should not get the right to see lawyers or challenge the basis for their captivity under the doctrine of habeas corpus. The case concerns three captives at Bagram captured early on in the war on terror. Two are Yemeni and one is Tunisian. One was captured in Thailand; another was captured in Pakistan. (The question of where the third was captured is somewhat unclear: The Pentagon says he was captured in Afghanistan, but lawyers who seek to represent him say he was captured outside the country.)
“The only reason our clients are there,” said Tina Foster, a lawyer in the case and executive director of the International Justice Network, “is that that they were forcibly taken there from third countries by the U.S.” She added, “We would argue that they were brought to Bagram for the purpose of keeping them out of the courts.” [Continue reading…]
The New York Times reports from Warsaw: The former head of Poland’s intelligence service has been charged with aiding the Central Intelligence Agency in setting up a secret prison to detain suspected members of Al Qaeda, a leading newspaper here reported on Tuesday, the first high-profile case in which a former senior official of any government has been prosecuted in connection with the agency’s program.
The daily newspaper Gazeta Wyborcza reported that the former intelligence chief, Zbigniew Siemiatkowski, told the paper that he faced charges of violating international law by “unlawfully depriving prisoners of their liberty,” in connection with the secret C.I.A. prison where Qaeda suspects were subjected to brutal interrogation methods.
When President Obama took office in 2009, he said he wanted to “look forward, as opposed to looking backward” and rejected calls for a broad investigation of C.I.A. interrogations and other Bush administration counterterrorism programs. In sharp contrast, the Poles see the case as a crucial test for rule of law and the investigation by prosecutors here has reached the highest levels of Polish politics.
One of Poland’s prime ministers during the period when terrorism suspects were alleged to have been subjected to torture in Poland, Leszek Miller, could be charged before Poland’s State Tribunal, the newspaper said.