Category Archives: human rights

December 24 – news and opinion roundup

Notes on the post-Bush Mideast

A year from now, the Bush Administration will be emptying its desks into cardboard boxes and preparing to hand over to its successor. And, it’s a relatively safe bet that the menu of foreign policy crises and challenges it will leave in the in-trays of its successors will be largely unchanged from that facing the Bush Administration today. A combination of the traditional lame-duck effect of the final year of a presidency, and the decline in relative U.S. influence on the global stage — a product both of the calamitous strategic and tactical mistakes by the Bush Administration and of structural shifts in the global political economy that will limit the options available to his successor — suggest that even as he goes scurrying about the Middle East in search of a “legacy,” very little is going to change in the coming year. Indeed, the recurring theme in many of the crises Washington professes to be managing is the extent to which it is being ignored by both friend and foe. [complete article]

The rise of a fierce yet fragile superpower

For Americans, 2008 is an important election year. But for much of the world, it is likely to be seen as the year that China moved to center stage, with the Olympics serving as the country’s long-awaited coming-out party. The much-heralded advent of China as a global power is no longer a forecast but a reality. On issue after issue, China has become the second most important country on the planet. Consider what’s happened already this past year. In 2007 China contributed more to global growth than the United States, the first time another country had done so since at least the 1930s. It also became the world’s largest consumer, eclipsing the United States in four of the five basic food, energy and industrial commodities. And a few months ago China surpassed the United States to become the world’s leading emitter of CO2. Whether it’s trade, global warming, Darfur or North Korea, China has become the new x factor, without which no durable solution is possible.

And yet the Chinese do not quite see themselves this way. Susan Shirk, the author of a recent book about the country, “The Fragile Superpower,” tells a revealing tale. Whenever she mentions her title in America, people say to her, “Fragile? China doesn’t seem fragile.” But in China people say, “Superpower? China isn’t a superpower.”

In fact it’s both, and China’s fragility is directly related to its extraordinary rise. Lawrence Summers has recently pointed out that during the Industrial Revolution the average European’s living standards rose about 50 percent over the course of his lifetime (then about 40 years). In Asia, principally China, he calculates, the average person’s living standards are set to rise by 10,000 percent in one lifetime! The scale and pace of growth in China has been staggering, utterly unprecedented in history—and it has produced equally staggering change. In two decades China has experienced the same degree of industrialization, urbanization and social transformation as Europe did in two centuries. [complete article]

Poll victory for Hindu firebrand is blow to government election plans

To fans he is the “Lion of Gujarat”, saviour of Hindus and the brains behind one of India’s richest states. To critics he is a “merchant of death” with the blood of thousands of Muslims on his hands.

But love or hate Narendra Modi, the Hindu nationalist and Chief Minister of the western state of Gujarat has now staked his claim to leadership of his party – and perhaps his country.

His Bharatiya Janata Party (BJP) won 117 out of 182 seats in a local assembly election yesterday that became a barometer for the looming national elections. Congress won just 59 seats in the state poll that was spread over two weeks and which revived claims that Mr Modi had encouraged the slaughter of at least 2,000 Muslims in rioting in Gujarat in 2002. [complete article]

Pakistan’s tyranny continues

The chief justice of Pakistan’s Supreme Court, Iftikhar Muhammad Chaudhry, and his family have been detained in their house, barricaded in with barbed wire and surrounded by police officers in riot gear since Nov. 3. Phone lines have been cut and jammers have been installed all around the house to disable cellphones. And the United States doesn’t seem to care about any of that.

The chief justice is not the only person who has been detained. All of his colleagues who, having sworn to protect, uphold and defend the Constitution, refused to take a new oath prescribed by President Pervez Musharraf as chief of the army remain confined to their homes with their family members. The chief justice’s lawyers are also in detention, initially in such medieval conditions that two of them were hospitalized, one with renal failure.

As the chief justice’s lead counsel, I, too, was held without charge — first in solitary confinement for three weeks and subsequently under house arrest. Last Thursday morning, I was released to celebrate the Id holidays. But that evening, driving to Islamabad to say prayers at Faisal Mosque, my family and I were surrounded at a rest stop by policemen with guns cocked and I was dragged off and thrown into the back of a police van. After a long and harrowing drive along back roads, I was returned home and to house arrest. [complete article]

Uranium traces found on N. Korean tubes

U.S. scientists have discovered traces of enriched uranium on smelted aluminum tubing provided by North Korea, apparently contradicting Pyongyang’s denial that it had a clandestine nuclear program, according to U.S. and diplomatic sources.

The United States has long pointed to North Korea’s acquisition of thousands of aluminum tubes as evidence of such a program, saying the tubes could be used as the outer casing for centrifuges needed to spin hot uranium gas into the fuel for nuclear weapons. North Korea has denied that contention and, as part of a declaration on its nuclear programs due by the end of the year, recently provided the United States with a small sample to demonstrate that the tubes were used for conventional purposes.

The discovery of the uranium traces has been closely held by senior U.S. officials concerned that disclosure would expose intelligence methods and complicate the diplomatic process. North Korea has steadfastly refused to open up about its past practices, simply asserting that it is not engaged in inappropriate activities. However, the uranium finding will force U.S. negotiators to demand a detailed explanation from Pyongyang. [complete article]

CIA chief to drag White House into torture cover-up storm

The CIA chief who ordered the destruction of secret videotapes recording the harsh interrogation of two top Al-Qaeda suspects has indicated he may seek immunity from prosecution in exchange for testifying before the House intelligence committee.

Jose Rodriguez, former head of the CIA’s clandestine service, is determined not to become the fall guy in the controversy over the CIA’s use of torture, according to intelligence sources.

It has emerged that at least four White House staff were approached for advice about the tapes, including David Addington, a senior aide to Dick Cheney, the vice-president, but none has admitted to recommending their destruction.

Vincent Cannistraro, former head of counterterrorism at the CIA, said it was impossible for Rodriguez to have acted on his own: “If everybody was against the decision, why in the world would Jose Rodriguez – one of the most cautious men I have ever met – have gone ahead and destroyed them?” [complete article]

Wagons circled at CIA over tapes’ demise

Shortly after he arrived as CIA director in 2004, Porter J. Goss met with the agency’s top spies and general counsel to discuss a range of issues, including what to do with videotapes showing harsh interrogations of Al Qaeda detainees, according to current and former officials familiar with the matter.

“Getting rid of tapes in Washington,” Goss said, according to an official involved in the discussions, “is an extremely bad idea.”

But at the agency’s operational levels — especially within the branch that ran the network of secret prisons — the idea of holding on to the tapes and hoping their existence would never be leaked to the public seemed even worse.

Citing what CIA veterans regard as a long record of being stranded by politicians in times of scandal, current and former U.S. intelligence officials said the decision to destroy the tapes was driven by a determination among senior spies to guard against a repeat of that outcome. [complete article]

CIA needs more taping, experts say

The controversy over destroyed CIA videotapes has highlighted weaknesses in American intelligence agencies’ methods of interrogation of Al Qaeda suspects, according to current and former officials and experts, who say those methods are compromising the ability to extract critically important information about the threat from Islamic extremism.

Congress, the Justice Department and the CIA inspector general are investigating why the CIA destroyed tapes of its 2002 interrogations of two alleged senior Al Qaeda leaders, Abu Zubaydah and Abd al Rahim al Nashiri. Investigators think Zubaydah was recorded being waterboarded — a controversial tactic that mimics the experience of drowning. The tapes were destroyed in 2005.

By their own accounting, the CIA and other U.S. intelligence agencies have not videotaped the interrogations of potentially hundreds of other terrorism suspects. That indicates an outmoded level of secrecy and unprofessionalism, the interrogation experts contend.

They say that the U.S. is behind the curve of current best practices, and that videotaping is an essential tool in improving the methods — and results — of terrorism interrogations. And the accountability provided by recording is needed to address international concerns about the United States’ use of harsh, potentially illegal techniques, these experts add. [complete article]

5 myths about torture and truth

So the CIA did indeed torture Abu Zubaida, the first al-Qaeda terrorist suspect to have been waterboarded. So says John Kiriakou, the first former CIA employee directly involved in the questioning of “high-value” al-Qaeda detainees to speak out publicly. He minced no words last week in calling the CIA’s “enhanced interrogation techniques” what they are.

But did they work? Torture’s defenders, including the wannabe tough guys who write Fox’s “24,” insist that the rough stuff gets results. “It was like flipping a switch,” said Kiriakou about Abu Zubaida’s response to being waterboarded. But the al-Qaeda operative’s confessions — descriptions of fantastic plots from a man who intelligence analysts were convinced was mentally ill — probably didn’t give the CIA any actionable intelligence. Of course, we may never know the whole truth, since the CIA destroyed the videotapes of Abu Zubaida’s interrogation. But here are some other myths that are bound to come up as the debate over torture rages on. [complete article]

Iran cited in Iraq’s decline in violence

The Iranian government has decided “at the most senior levels” to rein in the violent Shiite militias it supports in Iraq, a move reflected in a sharp decrease in sophisticated roadside bomb attacks over the past several months, according to the State Department’s top official on Iraq.

Tehran’s decision does not necessarily mean the flow of those weapons from Iran has stopped, but the decline in their use and in overall attacks “has to be attributed to an Iranian policy decision,” David M. Satterfield, Iraq coordinator and senior adviser to Secretary of State Condoleezza Rice, said in an interview.

U.S. Ambassador to Iraq Ryan C. Crocker said that the decision, “should [Tehran] choose to corroborate it in a direct fashion,” would be “a good beginning” for a fourth round of talks between Crocker and his Iranian counterpart in Baghdad. Although the mid-December date scheduled for the talks was postponed, Crocker said he expects that the parties will convene “in the next couple of weeks.” [complete article]

In a force for Iraqi calm, seeds of conflict

The thin teenage boy rushed up to the patrol of American soldiers walking through Dora, a shrapnel-scarred neighborhood of the capital, and lifted his shirt to show them a mass of red welts across his back.

He said he was a member of a local Sunni “Awakening” group, paid by the American military to patrol the district, but he said it was another Awakening group that beat him. “They took me while I was working,” he said, “and broke my badge and said, ‘You are from Al Qaeda.’”

The soldiers were unsure of what to do. The Awakening groups in just their area of southern Baghdad could not seem to get along: they fought over turf and, it turned out in this case, one group had warned the other that its members should not pay rent to Shiite “dogs.”

The Awakening movement, a predominantly Sunni Arab force recruited to fight Sunni Islamic extremists like Al Qaeda in Mesopotamia, has become a great success story after its spread from Sunni tribes in Anbar Province to become an ad-hoc armed force of 65,000 to 80,000 across the country in less than a year. A linchpin of the American strategy to pacify Iraq, the movement has been widely credited with turning around the violence-scarred areas where the Sunni insurgency has been based.

But the beating that day was a stark example of how rivalries and sectarianism are still undermining the Americans’ plans. And in particular, the Awakening’s rapid expansion — the Americans say the force could reach 100,000 — is creating new concerns. [complete article]

U.S. officials see waste in Pakistan aid

After the United States has spent more than $5 billion in a largely failed effort to bolster the Pakistani military effort against Al Qaeda and the Taliban, some American officials now acknowledge that there were too few controls over the money. The strategy to improve the Pakistani military, they said, needs to be completely revamped.

In interviews in Islamabad and Washington, Bush administration and military officials said they believed that much of the American money was not making its way to frontline Pakistani units. Money has been diverted to help finance weapons systems designed to counter India, not Al Qaeda or the Taliban, the officials said, adding that the United States has paid tens of millions of dollars in inflated Pakistani reimbursement claims for fuel, ammunition and other costs.

“I personally believe there is exaggeration and inflation,” said a senior American military official who has reviewed the program, referring to Pakistani requests for reimbursement. “Then, I point back to the United States and say we didn’t have to give them money this way.”

Pakistani officials say they are incensed at what they see as American ingratitude for Pakistani counterterrorism efforts that have left about 1,000 Pakistani soldiers and police officers dead. They deny that any overcharging has occurred. [complete article]

Israel rejects truce with Hamas

Israel’s prime minister pledged Sunday to continue attacking Gaza militants, ruling out truce negotiations with Hamas amid widespread skepticism about the Islamic group’s ability to halt rocket attacks.

An Israeli cabinet minister, meanwhile, angered moderate Palestinians with another plan for new Jewish housing in a disputed part of Jerusalem, complicating renewed peace talks.

There have been almost daily reports of truce feelers from the embattled Islamic Hamas regime in Gaza, and Israeli defense officials have said they are examining the proposals.

But at the weekly cabinet meeting Sunday, Prime Minister Ehud Olmert rejected negotiations with Hamas because it has rebuffed international demands that it recognize Israel, renounce violence and endorse past peace accords. [complete article]

Rice: US has ‘no permanent enemies’

Secretary of State Condoleezza Rice on Friday held out the prospect of improved relations with the remaining two members of President Bush’s “axis of evil,” Iran and North Korea, as long as they meet international demands over their nuclear programs.

Rice said the Bush administration in its remaining year would welcome fundamental changes in its dealings with the two countries, as well as with Syria, and as an example pointed to warming ties with Libya, which renounced weapons of mass destruction in 2003. [complete article]

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NEWS: CIA obstructed 9/11 commission inquiry

9/11 panel study finds that CIA withheld tapes

A review of classified documents by former members of the Sept. 11 commission shows that the panel made repeated and detailed requests to the Central Intelligence Agency in 2003 and 2004 for documents and other information about the interrogation of operatives of Al Qaeda, and were told by a top C.I.A. official that the agency had “produced or made available for review” everything that had been requested.

The review was conducted earlier this month after the disclosure that in November 2005, the C.I.A. destroyed videotapes documenting the interrogations of two Qaeda operatives.

A seven-page memorandum prepared by Philip D. Zelikow, the panel’s former executive director, concluded that “further investigation is needed” to determine whether the C.I.A.’s withholding of the tapes from the commission violated federal law.

In interviews this week, the two chairmen of the commission, Lee H. Hamilton and Thomas H. Kean, said their reading of the report had convinced them that the agency had made a conscious decision to impede the Sept. 11 commission’s inquiry. [complete article]

No immediate ruling on judicial inquiry

A federal judge said Friday that he would not rule immediately on whether to hold a judicial inquiry into the destruction of C.I.A. videotapes that showed the harsh interrogation of two suspected operatives of Al Qaeda. [complete article]

CIA seeks investigation of ex-officer’s claims

The CIA has asked the Justice Department to investigate whether a former agency officer illegally disclosed classified information in describing the capture and waterboarding of an al-Qaeda terrorism suspect, officials said yesterday.

In interviews last week with The Washington Post and other news organizations, former CIA officer John Kiriakou discussed details of the capture of Zayn al-Abidin Muhammed Hussein alleging that he resisted cooperating with interrogators until he was subjected to waterboarding, which makes a captive believe he is being drowned.

Kiriakou, who participated in the capture of the man commonly known as Abu Zubaida in Pakistan in March 2002, said he did not see the waterboarding but was given details by others who were there. He said waterboarding was effective in Abu Zubaida’s case, though Kiriakou now regards the technique as torture.

Kiriakou’s attorney, Mark Zaid, a Washington lawyer whose clients include former CIA employees, said the CIA routinely refers such cases to the Justice Department, though only rarely do the referrals result in criminal charges.

“If they do pursue it, they will open a Pandora’s box that will put the spotlight on whether the interrogations were lawful, and the extent to which they have been fully revealed by federal officials,” Zaid said in an interview. [complete article]

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NEWS, OPINION & EDITOR’S COMMENT: Torture tapes — Watergate of our times?

CIA to cooperate with House on tapes

The Central Intelligence Agency has agreed to make documents related to the destruction of interrogation videotapes available to the House Intelligence Committee and to allow the agency’s top lawyer, John A. Rizzo, to testify about the matter, Congressional and intelligence officials said Wednesday.

But it remained unclear whether Jose A. Rodriguez, who as chief of the agency’s clandestine service ordered the tapes destroyed in 2005, would testify. Officials said Mr. Rodriguez’s appearance before the committee might involve complex negotiations over legal immunity at a time when the Justice Department and the intelligence agency were reviewing whether the destruction of the tapes broke any laws.

The agreement marked at least a partial resolution of a standoff between the Bush administration and Congress. [complete article]

See also, Bush faces questions about CIA tapes (AP) and White House: NYT wrong about CIA tapes (CNN).

Torture tapes are the Watergate of our times

In an administration facing an ocean of scandal on multiple and multiplying fronts, this scandal above all will be the Watergate of our times because it involves extremely probable crimes of torture, extremely probable obstructions of justice, and a steady stream of revelations that will only escalate until the inevitable special prosecutor is named. [complete article]

Editor’s Comment — Starting with the most obvious difference between the torture tapes and the Watergate tapes, the latter were tampered with while the former were destroyed — call it a Watergate lesson-learned. But perhaps more important is the political context. America in the early ’70s had the capacity to be shocked and the willingness to challenge power. Back in those days, the New York Times had the guts to defy the White House by publishing the Pentagon Papers. Now the White House asks them to change a subheading and the paper of record meekly says, OK. As for Congress, is an anemic Democratic “opposition” ready to challenge the administration, no-holds-barred? That really would be shocking.

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NEWS & EDITOR’S COMMENT: Torture complex uncovered

Torture house, mass graves discovered in Iraq

Coalition forces found 26 bodies buried in mass graves and a bloodstained “torture complex,” with chains hanging from walls and ceilings and a bed connected to an electrical system, the military said Wednesday.
[…]
The complex was in an area thought to be an al Qaeda in Iraq haven and operating base, the military said. Iraqis had told the military about the site during an earlier operation.

“Evidence of murder, torture and intimidation against local villagers was found throughout the area,” the military statement said. [complete article]

Editor’s Comment — The unfortunate but predictable effect of a report such as this is that it will empower those who want to argue that “their torture is worse than ours.” But the more important question is this: Have their torturers been empowered by ours? To imagine that Abu Ghraib, Guantanamo, Bagram, renditions and secret CIA prisons have had little impact on the outlook of America’s enemies (and friends) is both ignorant and naive.

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NEWS & EDITOR’S COMMENT: Promoting democracy in Israel; war on Hamas

Adalah center says it may seek supranational regime in ‘all historic Palestine’

The Arab minority rights center, Adalah, is considering a proposal calling for a “democratic constitution for a supranational regime in all of historic Palestine,” including the territory of Israel and the Palestinian Authority. This constitutes a shift from the proposed Democratic Constitution that Adalah offered as a constitution for Israel.

While it is not clear when this change occurred, Adalah sources said Wednesday that the effort does not aim to do away with Israel or delegitimize its existence.

Adalah announced in its monthly newsletter Wednesday that it seeks to establish a group of international experts, including Palestinians and Israelis, to help “finalize the text of the Democratic Constitution.”

In its proposal for a constitution for all historic Palestine, Adalah points to the European Convention on Human Rights as a model. [complete article]

For Israel’s Arab citizens, isolation and exclusion

Fatina and Ahmad Zubeidat, young Arab citizens of Israel, met on the first day of class at the prestigious Bezalel arts and architecture academy in Jerusalem. Married last year, the couple rents an airy house here in the Galilee filled with stylish furniture and other modern grace notes.

But this is not where they wanted to live. They had hoped to be in Rakefet, a nearby town where 150 Jewish families live on state land close to the mall project Ahmad is building. After months of interviews and testing, the town’s admission committee rejected the Arab couple on the grounds of “social incompatibility.” [complete article]

Editor’s Comment — The difference between Israel and South Africa is that the South African whites took pride in their racism and thus gave it a name and a rationale. Most Israeli Jews on the other hand are too attached to their pluralistic Western image and thus an approach described as ensuring “social compatibility” refuses to accept its real name: apartheid.

Israelis cool to an offer from Hamas on a truce

Officials in the Israeli prime minister’s office reacted coolly on Wednesday to an indirect approach by the Hamas leader in Gaza offering talks on a truce.

The offer was relayed through an Israeli reporter, Sleman al-Shafhe, of Channel 2 television. On a news broadcast on Tuesday night, Mr. Shafhe said Ismail Haniya, the leader of the Hamas government in Gaza, had called him earlier in the day to convey a message to the Israelis.

According to Mr. Shafhe, Mr. Haniya said he had the ability to stop the rocket fire directed at Israel from Gaza, on condition that Israel stopped the killing of Palestinians there and lifted the blockade of Gaza.

Mr. Haniya’s call followed Israeli military strikes that killed at least 10 Palestinians in Gaza between Monday night and Tuesday morning, in a concerted effort to suppress the rocket fire. Eight of those killed were from Islamic Jihad, which has been responsible for most of the recent rocket fire, and included a top commander of the group’s military wing, Israeli officials said. [complete article]

Israeli operations in Gaza meet little resistance in Washington

As Israel stepped up air attacks on Gaza this week, the Bush administration refrained from blocking any measures or criticizing Israel’s activity.

The Israeli Air Force last week renewed the practice known as “targeted killing” against members of the Palestinian Islamic Jihad group in Gaza. Israeli officials have said in recent weeks that if rocket fire against Israeli towns is not stopped, further escalation might be imminent, including a full-scale ground incursion into the Hamas-controlled strip.

Administration officials have directed all the blame for the deteriorating situation in Gaza onto Hamas, which seized control of the area in June. Israel, according to diplomatic sources in Washington, was not asked to scale down its actions or to refrain from a ground operation. “I haven’t heard of any red light,” an Israeli official said. The administration’s policy since the recent Annapolis, Md., peace summit entails a two-pronged approach toward the Palestinian Authority. On one hand, Washington will allow Israel to take tough measures against Hamas-ruled Gaza. On the other hand, assistance will be increased to the government of Fatah leader Mahmoud Abbas in the West Bank. At a December 17 donor conference in Paris, the administration pledged $550 million in aid to Abbas’s P.A., an amount that exceeds any previous American financial assistance to the Palestinians. [complete article]

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EDITORIAL: The torture tapes

The torture tapes

Spooks and crooks have a lot in common. Success in either field depends on not getting caught. And as every criminal and spy knows, success depends in large part on the ability to destroy evidence. No evidence, no crime — thus the criminal logic works. So why would the CIA create an evidentiary trail in the first place? Why document torture?

Documentation is institutional insurance. We’ve long known that CIA interrogators are afraid of being hung out to dry. Their fears are well-based, given that they are working for an administration notorious for the lack of accountability among its top officials. Anyone instructed to engage in torture would obviously want to be sure that a clear record would be maintained showing that they had been following their orders with rigorous discipline and precision. The torture tapes must have been created by CIA officers who wanted to be sure that they wouldn’t be disowned by the chain of command. It thus seems reasonable to ask: have all the tapes actually been destroyed? Were no copies made? Contrary to official statements, the interests of the interrogators would more likely be protected by keeping the tapes than by destroying them.

Indeed, it should come as no surprise that the most eager desire to have the tapes destroyed appears to have come from outside the CIA and straight from the White House. As the New York Times today reports:

One former senior intelligence official with direct knowledge of the matter said there had been “vigorous sentiment” among some top White House officials to destroy the tapes. The former official did not specify which White House officials took this position, but he said that some believed in 2005 that any disclosure of the tapes could have been particularly damaging after revelations a year earlier of abuses at Abu Ghraib prison in Iraq.

The lesson from Abu Ghraib was that the worst political damage came not from the abuse itself but from the images. If the photos had never been leaked, the haunting images of abuse would still be locked inside the minds of the torturers and their victims. In America, outside the Pentagon, no one would even have heard the name Abu Ghraib.

The political calculation that was weighed in deciding whether to destroy the torture tapes would thus seem to have been quite simple. Which would exact a higher cost: dealing with questions about the destruction of evidence, or dealing with the repercussions of indisputable evidence that as a matter of policy and practice, the United States Government engages in torture?

George Bush and Dick Cheney don’t want to be remembered as the president and vice-president who undermined American democracy by sanctioning torture. The alternative — to be seen as underhand, duplicitous, and unaccountable — that’s just the dirty world of politics-as-usual.

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NEWS & OPINION: The administration of torture

Picture of secret detentions emerges in Pakistan

The director of the human rights commission, I. A. Rehman, said the government had set up a nearly invisible detention system. “There are safe houses in Islamabad where people are kept,” he said, citing accounts from the police and freed detainees. “Police have admitted this. Flats are taken on rent; property is seized; people are tortured there.”

In some cases, detainees recounted that they had been interrogated in the presence of English-speaking foreigners, who human rights officials and lawyers suspect are Americans.

A United States Embassy spokeswoman said she could not comment on the allegations and referred all questions to Washington. A spokesman for the Central Intelligence Agency, Mark Mansfield, declined to comment on Mr. Rehman’s accusations, or on any specific detainees.

One detainee, a Jordanian named Marwan Ibrahim, who was arrested in a raid in the city of Lahore, where he had been living for 10 years, said he was sent to a detention center in Afghanistan run by Americans, then to Jordan and Israel, and was finally released in Gaza, according to an account Mr. Ibrahim gave to Human Rights Watch, another independent group.

Another detainee, Majid Khan, 27, a Pakistani computer engineer who disappeared from Karachi four years ago, surfaced April 15 this year before a military tribunal in Guantánamo Bay. His American lawyers say he was subjected to torture in C.I.A. detention in a secret location. Mr. Mansfield, the C.I.A. spokesman, declined to comment, except to say that the “C.I.A.’s terrorist interrogation effort has always been small, carefully run, lawful, and highly productive.” [complete article]

FBI, CIA debate significance of terror suspect

According to Kiriakou’s account, which he said is based on detailed descriptions by fellow team members, Abu Zubaida broke after just 35 seconds of waterboarding, which involved stretching cellophane over his mouth and nose and pouring water on his face to create the sensation of drowning.

But other former and current officials disagreed that Abu Zubaida’s cooperation came quickly under harsh interrogation or that it was the result of a single waterboarding session. Instead, these officials said, harsh tactics used on him at a secret detention facility in Thailand went on for weeks or, depending on the account, even months.

The videotaping of Abu Zubaida in 2002 went on day and night throughout his interrogation, including waterboarding, and while he was sleeping in his cell, intelligence officials said. “Several hundred hours” of videotapes were destroyed in November 2005, a senior intelligence officer said. The CIA has said it ceased waterboarding in 2003. [complete article]

Former U.S. interrogator recounts torture cases in Afghanistan and Iraq

But Bagram has an underworld in which the CIA tortures the leaders of Al-Qa’idah. “One day I went to an interrogation session and as soon as I arrived I knew that it was not a normal case. There were civilians, among them a doctor and a psychiatrist. The prisoner was called Omar al-Faruq, an Al-Qa’idah leader in Asia who had been brought to the prison by one of those agencies”, recalls Corsetti. “I don’t want to go into details because it could be very negative for my country, but he was brutally beaten – daily. And tortured by other methods. He was a bad man, but he didn’t deserve that”. Al-Faruq escaped from Bagram in action which, according to some, was tolerated by the USA and was killed in April 2006 by the British in the Iraqi city of Basra.

Corsetti says that he never took part in the torture. “My sole job was to sit there and make sure the prisoner didn’t die. But there were several times when I thought they were about to die, when they were interrogated by those people who have no name and who work for no-one in particular. It’s incredible what a human being can take”. A resistance similar to that of the memory of those torture sessions. Because Corsetti, a veteran of two wars, says: “I have seen people die in combat. I shot at people. That is not as bad as seeing someone tortured. Al-Faruq looked at me while they tortured him and I have that look in my head. And the cries, the smells, the sounds, they are with me all the time. It is something I can’t take in. The cries of the prisoners calling for their relatives, their mother. I remember one who called for God, for Allah, all the time. I have those cries here, inside my head”.

“In Abu-Ghurayb and Bagram they were tortured to make them suffer, not to get information out of them”. And the fact is that at times the torture had no other goal that “to punish them for being terrorists. They tortured them and didn’t ask them anything”. That is the case of the practice known as “the submarine”: to simulate the drowning of the prisoner. “They have them hooded and they pour water on them. That makes it very difficult to breath. I think you can’t die with the submarine. I certainly never saw anyone die. However, they do cough like crazy because they are totally submerged in water and that gets on their lungs. Perhaps what it can give you is serious pneumonia”. The civilians who took part in the interrogations used the submarine whenever they wanted. They gave it to them for five or 10 minutes and didn’t ask anything”. [complete article]

The president’s coming-out party

The Justice Department has announced an “initial probe” into the destruction of the CIA torture tapes. There is no credible basis upon which this can be viewed as anything other than a conscious crime. The tapes were destroyed, even according to sources within the CIA, because of imminent fear that they would constitute evidence in a criminal prosecution of persons involved in the acts of torture. And even beyond this more general concern, they were destroyed so they would not be turned over to a federal judge who was demanding them. They were destroyed to protect a series of false official statements about the way individual prisoners, whose statements would be used in evidence, were in fact being treated.

Remember, in these trials, a defendant can seek to exclude evidence if it was secured through torture. But the defendant has an obligation to prove this contention. The tapes would have provided such proof. Destroying them would therefore help make the evidence admissible.

Note also, no one has ever even raised the possibility that the destruction was inadvertent or accidental.

All that being said, we should ask: why do we need an “initial assessment”? Things couldn’t possibly be more clear. It is as if Julius Caesar was stabbed to death on the floor of the senate with a hundred onlookers, and now the Justice Department wants to weigh carefully whether there is evidence sufficient to justify a homicide investigation. [complete article]

Congress defies Bush on CIA tape probe

House Intelligence Committee chairman Silvestre Reyes told ABC News today that he will ignore the Bush administration’s request to drop its investigation of why CIA interrogation tapes were destroyed.

“This is an administration that frankly does not have a good track record of policing itself,” Reyes said. “We intend to go forward and issue subpoenas next week because we are a whole equal branch of government.”

After telling Congress to get out of the way, the Justice Department took the highly unusual step of telling the same thing to a federal judge.

In 2005, Judge Henry Kennedy ordered the government not to destroy any evidence of mistreatment or torture at the detention center at Guantanamo Bay, Cuba. The Administration says that because the destroyed tapes were interrogations of two suspects in secret CIA prisons, not at Guantanamo, the judge should not interfere.

“This is becoming increasingly bizarre,” said Jonathan Turley, a professor at George Washington University Law School. “The Justice Department insists it will essentially investigate itself and then tells the court that because it is investigating itself it won’t turn over evidence of its possible criminal misconduct. It’s so circular, it’s maddening.” [complete article]

See also, Yemeni man imprisoned at CIA “black sites” tells his story of kidnapping and torture (Democracy Now) and Negroponte warned CIA against destroying the torture tapes (TPM).

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ANALYSIS & EDITOR’S COMMENT: The imprint of torture

CIA agents sense shifting support for methods

For six years, Central Intelligence Agency officers have worried that someday the tide of post-Sept. 11 opinion would turn, and their harsh treatment of prisoners from Al Qaeda would be subjected to hostile scrutiny and possible criminal prosecution.

Now that day may have arrived, after years of shifting legal advice, searing criticism from rights groups — and no new terrorist attacks on American soil. [complete article]

See also, CIA chief cites agency lapse on tapes (NYT) and From a critic of tribunals to top judge (NYT).

Editor’s Comment — Suppose that soon after 9/11, at a time when many Americans were fixated on the question, why do they hate us?, we had been presented with part of an answer to that question:

because we let our allies torture them.

If 9/11 itself had widely been seen as, in part, an act of revenge for torture, would we now be having a debate about the wisdom, morality, or effectiveness of the use of torture?

*

On December 4, 1982, at the opening of the trial of three hundred Egyptian Islamists who had been implicated in the plot to assassinate President Anwar Sadat, the Islamists’ spokesman, Ayman Zawahiri (later to become Osama bin Laden’s deputy), said, “Now we want to speak to the world.”

Clips from his statement have often been televised. The image they portray is of a revolutionary Islamist, intent on toppling governments and imposing Sharia law. But the part of Zawahiri’s message to the world that received less attention than it should — especially in the immediate aftermath of 9/11 — related to torture.

In The Looming Tower, Lawrence Wright writes:

[As spokesman for the defendants] Zawahiri calls out the names of several prisoners who, he says, died as a result of torture. “So where is democracy?” he shouts. “Where is freedom? Where is human rights? Where is justice? Where is justice? We will never forget! We will never forget!”

Zawahiri’s allegations of torture were later substantiated by forensic medical reports, which noted six injuries in various places on his body resulting from assaults with “a solid instrument.” Zawahiri later testified in a case brought against Intelligence Unit 75, which had conducted the prison interrogations. He was supported by testimony of one the intelligence officers, who confessed that he witnessed Zawahiri in the prison, “his head shaved, his dignity completely humiliated, undergoing all sorts of torture.” The officer went on to say that he had been in the interrogation room when another prisoner was brought into the chamber, chained hand and foot. The interrogators were trying to get Zawahiri to confess his involvement in the Sadat assassination. When the other prisoner said, “How would you expect him to confess when he knows the penalty is death?” Zawahiri replied, “The death penalty is more merciful than torture.” (pp.64-65)

In the name of supporting Egypt’s “stability” and its peace treaty with Israel, the United States has for decades provided billions of dollars in military and economic aid while most of the time choosing to ignore the violent repression for which Egypt is infamous and that U.S. tax dollars continue to enable. The intimate relationship between the U.S. government and the Egyptian torturers has never been lost on the tortured.

Shouldn’t one of the many lessons of 9/11 have been that torture can produce profound hatred and that those who have been tortured do truly never forget? Only a nation intent on making itself impervious to the past could continue to create so many inerasable memories.

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NEWS, OPINION & EDITOR’S COMMENT: The torture cover-up

CIA efforts to prosecute “whistle-blower” spy stopped

The former CIA intelligence official who went public on ABC News about the agency’s use of waterboarding in interrogations, John Kiriakou, apparently will not be the subject of a Justice Department investigation, even though some CIA officials believe he revealed classified information about the use of waterboarding.

“They were furious at the CIA this morning, but cooler heads have apparently prevailed for the time being,” a senior Justice Department official told the Blotter on ABCNews.com.

Gen. Michael Hayden, the CIA director, did sent out a classified memo this morning warning all employees “of the importance of protecting classified information,” a CIA spokesperson told ABCNews.com. [complete article]

Editor’s Comment — John Kirakou… whistleblower? Give me a break.

Sometimes the best imagery is unavoidably crude and thus I present the dear reader with an image that captures both the sturdiness and frailty of the Bush administration:

It is a pyramid of assholes with the largest one at the top.

Whistleblowers there could have been many; instead, the larger assholes have been protected by the smaller ones since each was possessed by the same preoccupation — covering his own.

Who authorized the CIA to destroy interrogation videos?

The CIA repeatedly asked White House lawyer Harriet Miers over a two-year period for instructions regarding what to do with “very clinical” videotapes depicting the use of “enhanced” interrogation techniques on two top Al Qaeda captives, according to former and current intelligence officials familiar with the communications (who requested anonymity when discussing the controversial issue). The tapes are believed to have included evidence of waterboarding and other interrogation methods that Bush administration critics have described as torture.

Senior officials of the CIA’s National Clandestine Service finally decided on their own authority in late 2005 to destroy the tapes—which were kept at a secret location overseas—after failing to elicit clear instructions from the White House or other senior officials on what to do with them, according to one of the former intelligence officials with direct knowledge of the events in question. An extensive paper—or e-mail—trail exists documenting the contacts between Clandestine Service officials and top agency managers and between the CIA and the White House regarding what to do about the tapes, according to two former intelligence officials. [complete article]

Death squads, disappearances, and torture — from Latin America to Iraq

The world is made up, as Captain Segura in Graham Greene’s 1958 novel Our Man in Havana put it, of two classes: the torturable and the untorturable. “There are people,” Segura explained, “who expect to be tortured and others who would be outraged by the idea.”

Then — so Greene thought — Catholics, particularly Latin American Catholics, were more torturable than Protestants. Now, of course, Muslims hold that distinction, victims of a globalized network of offshore and outsourced imprisonment coordinated by Washington and knitted together by secret flights, concentration camps, and black-site detention centers. The CIA’s deployment of Orwellian “Special Removal Units” to kidnap terror suspects in Europe, Canada, the Middle East, and elsewhere and the whisking of these “ghost prisoners” off to Third World countries to be tortured goes, today, by the term “extraordinary rendition,” a hauntingly apt phrase. “To render” means not just to hand over, but to extract the essence of a thing, as well as to hand out a verdict and “give in return or retribution” — good descriptions of what happens during torture sessions. [complete article]

If the CIA hadn’t destroyed those tapes, what would be different?

In the uproar over the destruction by the CIA of taped interrogations of suspected al-Qaida operatives in the aftermath of Sept. 11, we are discovering creative new ways to speculate about past events. The pastime has begun with what should have been done differently—finger-pointing at congressional Democrats who’d been briefed about the tapes and remained silent, or distress over the failure to inform superiors at the CIA or the Bush administration. But here’s a different thought experiment: How would the national debate over torture have changed if we’d known about the CIA tapes all along? How would our big terror trials and Supreme Court cases have played out?

Yes, this is also a speculative enterprise, but it’s critical to understanding the extent of the CIA’s wrongdoing here. And we have a benchmark. When the photos from Abu Ghraib were leaked in 2004, a national uproar ensued. Video of hours of repetitive torture could have had a similarly significant impact—the truism about the power of images holds. If we are right about that—and we think we are—this evidence that has been destroyed would have fundamentally changed the legal and policy backdrop for the war on terror in ways we’ve only begun to figure out. [complete article]

CIA director speaks to Senate committee

Gen. Michael V. Hayden, director of the Central Intelligence Agency, distanced himself on Tuesday from the decision to record and subsequently destroy hundreds of hours of video taken during the interrogations of senior Qaeda captives.

Speaking in public after delivering classified testimony before a Senate committee, General Hayden said that the decision to record the interrogations in 2002 was made under George J. Tenet, then the director of central intelligence, and that the destruction of those tapes in 2005 came under the watch of Porter J. Goss, who succeeded Mr. Tenet.

“There are other people at the agency who know about this far better than I,” he said after he testified before the Senate Intelligence Committee. He had become the agency director in May 2006, six months after intelligence officials have said the tapes were destroyed. [complete article]

Evidence from waterboarding could be used in military trials

The top legal adviser for the military trials of Guantanamo Bay detainees told Congress yesterday that he cannot rule out the use of evidence derived from the CIA’s aggressive interrogation techniques, including waterboarding, a tactic that simulates drowning.

Air Force Brig. Gen. Thomas W. Hartmann, who oversees the prosecutors who will try the detainees at military commissions, said that while “torture” is illegal, he cannot say whether waterboarding violates the law. Nor would he say that such evidence would be barred at trial. [complete article]

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NEWS, OPINION & EDITOR’S COMMENT: Moral clarity on torture

CIA spy calls waterboarding necessary but torture

A leader of the CIA team that captured the first major al Qaeda figure, Abu Zubaydah, says subjecting him to waterboarding was torture but necessary.

In the first public comment by any CIA officer involved in handling high-value al Qaeda targets, John Kiriakou, now retired, said the technique broke Zubaydah in less than 35 seconds.

“The next day, he told his interrogator that Allah had visited him in his cell during the night and told him to cooperate,” said Kiriakou in an interview to be broadcast tonight on ABC News’ “World News With Charles Gibson” and “Nightline.”

“From that day on, he answered every question,” Kiriakou said. “The threat information he provided disrupted a number of attacks, maybe dozens of attacks.” [complete article]

Editor’s Comment — “Because we’re Americans, and we’re better than that” — it’s a popular line, a curious quasi-ethical principal, and it’s John Kiriakou’s reason for no longer supporting the use of torture.

American ideals might be better than that, but Americans and their ideals are not the same. The American government sanctioned torture and American CIA officers have engaged in torture. Therein lies one of the many gaps between America and its ideals.

But to debate the issue of torture in terms of whether it is or is not un-American is to obscure a moral question that is not as complex as it is being made to appear. The issue should not hinge on whether we accept an idealized conception of what it means to be American. It has nothing to do with national identity. It hinges quite simply on whether we accept or reject the principle that the ends justifies the means.

Any time the phrase “saving American lives” enters the torture debate an ends-justifies-the-means argument is being employed. At the same time, no one actually wants to positively assert this line of reasoning. If the ends really do justifies the means then it shouldn’t make any difference what those means are — pulling out finger nails, raping relatives — why would anything be off limits if it could be shown to be effective in saving American lives?

On the other side is a pragmatic (and seemingly safe) argument: torture shouldn’t be used because it doesn’t work. It yields false confessions and there are much better non-violent means to tease out valuable information. This is also a means-ends argument that merely challenges the assumption that the means will accomplish the aims. (And not only is it a means-ends argument; it’s also rather easy to counter. All you have to do is present a case — as the CIA has just done — where it appears that torture “worked.”)

And then there’s the question of who gets tortured. To cite evidence that Abu Zubaydah may not have been a high-level al Qaeda operative is to imply that the legitimacy of torture is affected by the potential for the victim to cough up some valuable information. In other words, it implies that torture might be justifiable if it can be demonstrated that this particular person is really “worth” torturing. (Again, the CIA — on behalf of Bush-Cheney — presses the case that it has been extremely selective in who gets tortured.)

Ultimately, the only unambiguous moral position to take is to say that a calculated effort to make a human being suffer is immoral – it doesn’t make any difference who that person is or how well-intentioned the torturer might be. That’s moral clarity and that’s the principle that law and policy should embody.

The torture of Abdul Hamid al-Ghizzawi

On December 7, 2006, he was among several hundred detainees randomly selected and moved to the newest detention camp at Guantanamo, Camp 6, which was designed to hold the majority of the detainees. According to Amnesty International, and in contravention of international standards, all detainees in Camp 6 are held under conditions of “extreme isolation and sensory deprivation for a minimum of 22 hours a day in individual steel cells with no windows to the outside.”

Their cells reportedly are extremely small. The only source of light is fluorescent lighting that is on 24 hours a day and the only air is air-conditioning, both of which are controlled by the prison guards. The detainees reportedly are allowed two hours of “recreation time” a day to be spent in a metal cage measuring four feet by four feet. (That’s 1/3 the size of a ping-pong table.)

Al-Ghizzawi’s lawyer says that his guards frequently give him his “rec time” in the middle of the night or, sometimes, in the middle of the day when the cage is in the hot sun. Detainees in Camp 6 have no access to radio, television or newspapers. They are given one book a week.

According to his lawyer, Al-Ghizzawi’s eyesight has deteriorated so significantly that he is now unable to read. Thus he now spends his time pacing in his cell. All of the detainees at Guantanamo reportedly are forbidden telephone calls and family visits, and most are not allowed to touch another human being. The detainees are not given any blankets. Their only cover is a plastic sheet.

There is no reason to believe that Al-Ghizzawi’s treatment is exceptional. If his is at all an exceptional case, it is exceptional because he has twice been unanimously declared not to be an enemy combatant. [complete article]

Watching torture

The footage was blurry, shot with a handheld 8mm camera in the poor light filtering through the shack’s small windows. There was no sound—which lent merciful distance to what it showed: the interrogation of some unidentified middle-aged man, undergoing falanga, mostly (beatings to pulp the feet), though the session culminated in anal rape with a stick. What remains as a true horror in the memory is less those activities than the demeanor of the inquisitors. A couple of men in shirts were administering the torture. But a pair of interrogators stood off to one side, mostly out of the frame. They came to the victim before and after each bout, evidently asking questions. Then they’d go back out of frame, to let the next round of beatings commence. Two men in neat dark suits, professionals, just doing a job—unpleasant, perhaps, but necessary, as they saw it, for the safety of the state.

That no doubt is the true horror of the tapes the CIA destroyed—worse, even, than the sight of the torture procedures themselves. We assume it shows waterboarding, the near-drowning of someone strapped to a cruciform plank. Memories of that Savak instructional film tell me, indelibly, what the videos would have looked like: the torturers calmly pouring water over the cloth covering the victims’ faces, the frenzied chest-heavings as the bodies went into shock, the gasping and retching as each session ended. More horrifying still would have been the actions, or inactions, of all those standing around. There must have been interrogators, and an interpreter. Certainly a doctor, watching the victims’ vital signs on a monitor to gauge how long each session could last. This being America, there may have even been a lawyer on hand. All professionals, doing something unpleasant, but—you understand—necessary for the safety of the state. And at the end of the day, one assumes, they drove home to their families.

This is where 9/11 has brought us. No wonder Rodriguez destroyed those tapes. [complete article]

Lawyers cleared destroying tapes

Lawyers within the clandestine branch of the Central Intelligence Agency gave written approval in advance to the destruction in 2005 of hundreds of hours of videotapes documenting interrogations of two lieutenants from Al Qaeda, according to a former senior intelligence official with direct knowledge of the episode.

The involvement of agency lawyers in the decision making would widen the scope of the inquiries into the matter that have now begun in Congress and within the Justice Department. Any written documents are certain to be a focus of government investigators as they try to reconstruct the events leading up to the tapes’ destruction.

The former intelligence official acknowledged that there had been nearly two years of debate among government agencies about what to do with the tapes, and that lawyers within the White House and the Justice Department had in 2003 advised against a plan to destroy them. But the official said that C.I.A. officials had continued to press the White House for a firm decision, and that the C.I.A. was never given a direct order not to destroy the tapes.

“They never told us, ‘Hell, no,’” he said. “If somebody had said, ‘You cannot destroy them,’ we would not have destroyed them.” [complete article]

Editor’s Comment — Any decent mafia boss knows how to avoid implicating himself in a crime.

See also, Gitmo inmate’s lawyer urges U.S. on photos (AP).

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OPINION: Torture is inevitably and inextricably bound to tyranny

The president-tyrant

It is common for people today to question how any leader can be a tyrant who achieves office through popular election, and, indeed, who remains popular. But such talk is foolish and betrays an ignorance of the origins of the term and the historical context of its use. Throughout history, tyrants came to power through means of control and manipulation of popular opinion. This was so familiar a feature to the thinkers of antiquity, that Aristotle charts it as a characteristic of the tyrant. And in the history of the dark, past century, how many little men in search of a balcony came to power on the back of a jubilant and cheering mob? And indeed, no less a man that Thomas Jefferson was quick to remind his fellow citizens of this principle. And it was Jefferson who raised the cry of “tyrant” against the president, when he proceeded in disregard of the constraints of Constitution and law, setting into play a plan of persecution targeting his political opponents and the poor, downtrodden and defenseless immigrants. Jefferson spoke sharply and loudly because the republic was under siege by a popularly elected (and popular) government. He was right to have done so, and he is vindicated by history for it.

The question was whether the president has put himself above the law and assumed powers far beyond those the Constitution measured to him.

And today, America faces precisely this question. We have a president who acts in shameless disregard of the Constitution’s restraints upon his office, and who feels himself above the law, and who constantly seeks to manipulate and mislead the public. How many times just in the last week have we witnessed this? [complete article]

See also, Democratic complicity in Bush’s torture regimen (Glenn Greenwald) and The Democrats and torture (Andrew Sullivan).

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NEWS: After Guantanamo, ‘reintegration’ for Saudis

After Guantanamo, ‘reintegration’ for Saudis

For five years, Jumah al-Dossari sat in a tiny cell at the U.S. prison at Guantanamo Bay, Cuba, watched day and night by military captors who considered him one of the most dangerous terrorist suspects on the planet.

In July, he was suddenly released to his native Saudi Arabia, which held a very different view. Dossari was immediately reunited with his family and treated like a VIP. He was given a monthly stipend and a job, housed and fed, even promised help in finding a wife. Today, he is a free man living on the Persian Gulf coast.

The treatment is part of a Saudi “reintegration program” designed to help Dossari, 34, and other former Guantanamo prisoners adjust to modern society and learn the meanings of Islam. About 40 of the more than 100 Guantanamo detainees from Saudi Arabia who have been transferred to Riyadh since last year have been released after participating in the program, and the rest are scheduled to be let go in coming months. [complete article]

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NEWS & OPINION: CIA torture cover-up

The scapegoat

scapegoat.gif
As the story concerning the CIA’s decision to destroy vital evidence of its program of detainee abuse unfolds, the Bush Administration’s posture on the matter is shifting decisively. This is called “damage control.” The Administration’s initial posture was to have CIA Director Hayden put the best face on the situation and argue that everything that was done was perfectly legal and correct.

So now we come to phase two: the fall-back position. In phase two, we learn that the president and other senior figures in the Administration know nothing about it. Instead, this was all a rogue operation by a second tier leadership figure at the CIA. And indeed, by midday yesterday, White House off-the-record explainers were extremely busy pointing fingers at one man, the designated scapegoat. [complete article]

Inquiry begins into tapes’ destruction

The Justice Department and the Central Intelligence Agency’s internal watchdog on Saturday began a joint preliminary inquiry into the spy agency’s destruction of hundreds of hours of videotapes showing interrogations of top operatives of Al Qaeda.

The announcement comes amid new questions about which officials inside the C.I.A. were involved in the decision to destroy the videotapes, which showed severe interrogation methods used on two Qaeda suspects, Abu Zubaydah and Abd al-Rahim al-Nashiri.

The agency operative who ordered the destruction of the tapes in November 2005 was Jose A. Rodriguez Jr., then the chief of the C.I.A.’s national clandestine service, known as the Directorate of Operations until 2005. On Saturday, a government official who had spoken recently with Mr. Rodriguez on the matter said that Mr. Rodriguez told him that he had received approval from lawyers inside the clandestine service to destroy the tapes. [complete article]

Hill briefed on waterboarding in 2002

In September 2002, four members of Congress met in secret for a first look at a unique CIA program designed to wring vital information from reticent terrorism suspects in U.S. custody. For more than an hour, the bipartisan group, which included current House Speaker Nancy Pelosi (D-Calif.), was given a virtual tour of the CIA’s overseas detention sites and the harsh techniques interrogators had devised to try to make their prisoners talk.

Among the techniques described, said two officials present, was waterboarding, a practice that years later would be condemned as torture by Democrats and some Republicans on Capitol Hill. But on that day, no objections were raised. Instead, at least two lawmakers in the room asked the CIA to push harder, two U.S. officials said.

“The briefer was specifically asked if the methods were tough enough,” said a U.S. official who witnessed the exchange. [complete article]

Man held by CIA says he was tortured

The first of the so-called high-value Guantánamo detainees to have seen a lawyer claims he was subjected to “state-sanctioned torture” while in secret C.I.A. prisons, and he has asked for a court order barring the government from destroying evidence of his treatment.

The request, in a filing by his lawyers, was made on Nov. 29, before officials from the Central Intelligence Agency acknowledged that the agency had destroyed videotapes of interrogations of two operatives of Al Qaeda that current and former officials said included the use of harsh techniques.

Lawyers for the detainee, Majid Khan, a former Baltimore resident, released documents in his case on Friday. They claim he “was subjected to an aggressive C.I.A. detention and interrogation program notable for its elaborate planning and ruthless application of torture” to numerous detainees. [complete article]

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NEWS: Destroying the evidence

CIA was urged to keep interrogation videotapes

White House and Justice Department officials, along with senior members of Congress, advised the Central Intelligence Agency in 2003 against a plan to destroy hundreds of hours of videotapes showing the interrogations of two operatives of Al Qaeda, government officials said Friday.

The chief of the agency’s clandestine service nevertheless ordered their destruction in November 2005, taking the step without notifying even the C.I.A.’s own top lawyer, John A. Rizzo, who was angry at the decision, the officials said.

The disclosures provide new details about what Gen. Michael V. Hayden, the C.I.A. director, has said was a decision “made within C.I.A. itself” to destroy the videotapes. In interviews, members of Congress and former intelligence officials also questioned some aspects of the account General Hayden provided Thursday about when Congress was notified that the tapes had been destroyed. [complete article]

Inquiry sought on CIA tapes

Democratic lawmakers yesterday angrily demanded a Justice Department investigation into the CIA’s decision to destroy videotapes of harsh interrogation tactics used on two terrorism suspects.

The White House said that President Bush was unaware of the tapes or their destruction until this week, but administration sources acknowledged last night that longtime Bush aide Harriet E. Miers knew of the tapes’ existence and told CIA officials that she opposed their destruction.

The Senate intelligence committee also announced the start of its own probe into the destroyed videotapes, said Chairman John D. Rockefeller IV (D-W.Va.). [complete article]

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NEWS & ANALYSIS: Destroying evidence of war crimes

CIA destroyed 2 tapes showing interrogations

The Central Intelligence Agency in 2005 destroyed at least two videotapes documenting the interrogation of two Qaeda operatives in the agency’s custody, a step it took in the midst of Congressional and legal scrutiny about its secret detention program, according to current and former government officials.

The videotapes showed agency operatives in 2002 subjecting terrorism suspects — including Abu Zubaydah, the first detainee in C.I.A. custody — to severe interrogation techniques. The tapes were destroyed in part because officers were concerned that video showing harsh interrogation methods could expose agency officials to legal risks, several officials said. [complete article]

Obstruction of justice at the CIA

Let’s first focus on this question: Why is this evidence being destroyed? The answer is painfully acknowledged. The CIA leadership and other senior administration officials are fully cognizant of the fact that the use of a number of specific practices which these tapes almost certainly document, to-wit: waterboarding, long-time standing, hypothermia, psychotropic drugs and sleep deprivation in excess of two days, are serious crimes under American law and the law of almost all nations. Consequently, those who have used them and those who have authorized their use will almost certainly ultimately face criminal prosecution at some point in the future. The Administration’s attempts to immunize the perpetrators have failed. Any purported grant of a pardon by President Bush will be legally ineffective, because Bush himself is a collaborator in the scheme. And there is no statute of limitations. Therefore the prospect of prosecution is hardly far-fetched. It is a virtual certainty. So the evidence is being destroyed precisely because it would be used as evidence of criminal acts in a prosecution of administration figures and those acting under their direction. Therefore, this is a conscious, calculated obstruction of justice. [complete article]

See also, CIA destroyed videos showing interrogations (WP), Marty Lederman – includes Hayden’s message to CIA employees (Balkinization), and This is a banana republic (Andrew Sullivan).

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NEWS, OPINION & EDITOR’S COMMENT: America has abandoned the rule of law

Jordan’s spy agency: holding cell for the CIA

Over the past seven years, an imposing building on the outskirts of this city has served as a secret holding cell for the CIA.

The building is the headquarters of the General Intelligence Department, Jordan’s powerful spy and security agency. Since 2000, at the CIA’s behest, at least 12 non-Jordanian terrorism suspects have been detained and interrogated here, according to documents and former prisoners, human rights advocates, defense lawyers and former U.S. officials.
[…]
Bush administration officials have said they do not hand over terrorism suspects to countries that are likely to abuse them. For several years, however, the State Department has cited widespread allegations of torture by Jordan’s security agencies in its annual report cards on human rights.

Independent monitors have become increasingly critical of Jordan’s record. Since 2006, the United Nations, Amnesty International and Human Rights Watch have issued reports on abuses in Jordan, often singling out the General Intelligence Department.

Former prisoners have reported that their captors were expert in two practices in particular: falaqa, or beating suspects on the soles of their feet with a truncheon and then, often, forcing them to walk barefoot and bloodied across a salt-covered floor; and farruj, or the “grilled chicken,” in which prisoners are handcuffed behind their legs, hung upside down by a rod placed behind their knees, and beaten. [complete article]

Editor’s Comment — The White House has a page on its web site devoted to “Tales of Saddam’s Brutality.” There it refers to falaqa as Uday Hussein’s “favourite punishment.”

U.S. says it has right to kidnap British citizens

America has told Britain that it can “kidnap” British citizens if they are wanted for crimes in the United States.

A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it.

The admission will alarm the British business community after the case of the so-called NatWest Three, bankers who were extradited to America on fraud charges. More than a dozen other British executives, including senior managers at British Airways and BAE Systems, are under investigation by the US authorities and could face criminal charges in America. [complete article]

The torture compromise of 2007

A friend at a dinner party on the East coast found herself in an argument in which she was the only person opposed to torture. The other invitees, all graduates of favored preparatory schools and Ivy League colleges, worked in the law, investment banking, urban planning and the arts. They agreed that President Bush was incompetent and untrustworthy; but his fundamental mistake about torture had been to go after the law. Torture, they said, cannot be a policy, and a law that permits torture cannot be on the books. What is wanted is a leader who will break the law selectively, in a way we can trust. Torture should be allowable, but only by the right people and for the right reason. To a man and woman, the guests who held this view were supporters of Hillary Clinton. [complete article]

The Violent Radicalization and Homegrown Terrorism Prevention Act

There has been a long tradition of fear-mongering legislation in the United States directed against groups and individuals believed to threaten the established order. The first such measures were the Alien and Sedition Acts passed by Congress in 1798 during the administration of the second president of the United States John Adams. The Acts, consisting of four separate laws, made it more difficult to become a citizen, sought to control real or imagined foreign agents operating in the United States, and also gave the government broad powers to control “sedition.” Sedition was defined as “resisting any law of the United States or any act of the President” punishable by a prison sentence of up to two years. It also made illegal “false, scandalous or malicious writing” directed against either the government or government officials. The next President, Thomas Jefferson declared that three out of the four laws were unconstitutional and pardoned everyone who had been convicted under them. [complete article]

Witness names to be withheld from detainee

Defense lawyers preparing for the war crimes trial of a 21-year-old Guantánamo detainee have been ordered by a military judge not to tell their client — or anyone else — the identity of witnesses against him, newly released documents show.

The case of the detainee, Omar Ahmed Khadr, is being closely watched because it may be the first Guantánamo prosecution to go to trial, perhaps as soon as May.

Defense lawyers say military prosecutors have sought similar orders to keep the names of witnesses secret in other military commission cases, which have been a centerpiece of the Bush administration’s policies for detainees at Guantánamo Bay, Cuba.

Some legal experts and defense lawyers said the judge’s order, issued on Oct. 15 without public disclosure, underscored the gap between military commission procedures and traditional American rules that the accused has a right to a public trial and to confront the witnesses against him. [complete article]

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OPINION: Peace through strangulation

Fire and water in Gaza

On Sept. 19, the Israeli government declared the Gaza Strip “hostile territory” and authorized steps to punish its civilian population. It decided that every Qassam rocket fired into Israel would carry a price tag: cutting the supply of electricity and fuel that Israel sells to Gaza. This assumes that disrupting civilian life in Gaza will have positive political results for Israel.

Gaza’s 1.5 million residents have been living with collective punishment for some time. We have endured years of border closures, aerial attacks and military operations — measures Israel has always explained as militarily necessary. But now, Israeli politicians claim it is legitimate to deprive all of Gaza’s civilians of basic needs.

Israel controls Gaza’s borders and the movement of all people and goods. Since Hamas came to power in June, Israel has tightened its siege. It has banned raw materials for manufacturing and construction; only basic foodstuffs are permitted into Gaza, and exports have been halted. Gaza’s economy is suffocating: Since June, 85 percent of its factories and 95 percent of its construction projects have been paralyzed. More than 70,000 people have lost their jobs. A million and a half people are locked in a pressure cooker in one of the world’s most densely populated areas. Stripped of the ability to travel, receive goods or engage in productive work, Gaza’s residents have become dependent on Western and Islamic aid organizations.

Disrupting the supply of electricity and fuel will first and foremost affect medical devices, refrigerators, operating-room lighting and other essential systems.

Cutting fuel and electricity threatens to create a water and sewage crisis in the Gaza Strip and surrounding areas. Power is needed to run treatment plants, pump water to homes and pump sewage away from populated areas. Since Israel began restricting fuel supplies on Oct. 28, I have had difficulty purchasing the full amount of fuel needed to power Gaza’s water system. Early this month, I stopped operating seven wells that provided drinking water to 35,000 people. Last week, I stopped operating three other wells and two sewage pumping stations, serving 50,000 people. Already, more than 15 percent of Gaza’s residents do not receive an adequate supply of water to their homes. [complete article]

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NEWS: The Gitmo how-to manual

Sensitive Guantánamo Bay manual leaked through Wiki site

A never-before-seen military manual detailing the day-to-day operations of the U.S. military’s Guantánamo Bay detention facility has been leaked to the web, affording a rare inside glimpse into the institution where the United States has imprisoned hundreds of suspected terrorists since 2002.

The 238-page document, “Camp Delta Standard Operating Procedures,” is dated March 28, 2003. It is unclassified, but designated “For Official Use Only.” It hit the web last Wednesday on Wikileaks.org.

The disclosure highlights the internet’s usefulness to whistle-blowers in anonymously propagating documents the government and others would rather conceal. The Pentagon has been resisting — since October 2003 — a Freedom of Information Act request from the American Civil Liberties Union seeking the very same document. [complete article]

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