Category Archives: torture

CIA lied about torture program, Senate report says

The Washington Post reports: A report by the Senate Intelligence Committee concludes that the CIA misled the government and the public about aspects of its brutal interrogation program for years — concealing details about the severity of its methods, overstating the significance of plots and prisoners, and taking credit for critical pieces of intelligence that detainees had in fact surrendered before they were subjected to harsh techniques.

The report, built around detailed chronologies of dozens of CIA detainees, documents a long-standing pattern of unsubstantiated claims as agency officials sought permission to use — and later tried to defend — excruciating interrogation methods that yielded little, if any, significant intelligence, according to U.S. officials who have reviewed the document.

“The CIA described [its program] repeatedly both to the Department of Justice and eventually to Congress as getting unique, otherwise unobtainable intelligence that helped disrupt terrorist plots and save thousands of lives,” said one U.S. official briefed on the report. “Was that actually true? The answer is no.”

Current and former U.S. officials who described the report spoke on the condition of anonymity because of the sensitivity of the issue and because the document remains classified. The 6,300-page report includes what officials described as damning new disclosures about a sprawling network of secret detention facilities, or “black sites,” that was dismantled by President Obama in 2009.

Classified files reviewed by committee investigators reveal internal divisions over the interrogation program, officials said, including one case in which CIA employees left the agency’s secret prison in Thailand after becoming disturbed by the brutal measures being employed there. The report also cites cases in which officials at CIA headquarters demanded the continued use of harsh interrogation techniques even after analysts were convinced that prisoners had no more information to give. [Continue reading…]

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Senate CIA torture report could throw Gitmo hearings into chaos

Jason Leopold reports: The possible declassification and release of a Senate report into the CIA’s detention and interrogation program — begun in the wake of the 9/11 terrorist attacks — could have a huge impact on the controversial military tribunals happening at Guantánamo Bay, experts and lawyers believe.

The proceedings have been moving at a snail’s pace at the U.S.-held military base on the island of Cuba, amid widespread condemnation that they are being held in a legal limbo and outside the U.S. criminal justice system.

Details surrounding the CIA’s activities have been one of the most contentious issues concerning the commissions at Guantánamo, where the alleged mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, and his co-defendants are on trial. Their alleged treatment while in CIA custody has been a key stumbling block in the hearings’ progress. The same goes for the man alleged to be behind the USS Cole bombing, Abd al-Rahim al-Nashiri, another former CIA captive.

In both cases, there have been dozens of delays — mainly due to the fact that the attorneys have been battling military prosecutors over access to classified information about the CIA interrogation program that the attorneys want to use as evidence. Both cases have been dragging on for two years and are still in the pretrial evidentiary phase.

But now that the Senate Intelligence Committee appears set to vote on releasing its long-awaited 6,300-page, $50 million study — or at least some portion of it — the defense attorneys will finally get the opportunity to talk openly at the military commissions about torture. That could prove disastrous for military prosecutors. According to defense attorneys and human rights observers who have been monitoring the proceedings, it might also derail the government’s attempts to convince a jury that the detainees, if convicted, deserve to be executed. [Continue reading…]

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UN slams U.S. for torture, NSA spying

n13-iconAl Jazeera reports: A wide-ranging United Nations report released Thursday strongly criticizes the United States for a host of human rights concerns — from jailing the homeless and sentencing juveniles to life sentences, to drone warfare and spying by the National Security Agency.

While the U.N. praised some steps the U.S. government has taken, like curbing human trafficking and a 2009 ban on Central Intelligence Agency torture and secret detention, the report’s authors found the U.S. wanting on 25 human rights issues.

“The U.S. is adept at demanding human rights change from other governments, while failing to meet international standards itself,” said Jose Luis Diaz, Amnesty International representative at the United Nations.

Diaz welcomed the U.N.’s recommendations on torture transparency and calls for ending the death penalty nationwide, as well as limiting the use of solitary confinement in U.S. prisons. [Continue reading…]

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America’s regime of institutionalized torture

o13-iconSadhbh Walshe writes: Sarah Shourd still has nightmares about the 13 months she spent in solitary confinement in Iran. “It reduces you to an animal-like state,” she tells me. Shourd recalled the hours she spent crouched down at the food slot of her cell door, listening for any sign of life. Or pounding on the walls until her knuckles bled. Or covering her ears to drown out the screams – the screams she could no longer distinguish as her own – until she felt the hands of a prison guard on her face, trying to calm her.

Shourd was captured by the Iranian government in 2009, along with her now husband Shane Bauer and their friend Josh Fattal, when they accidentally crossed over the border during a long vacation hike. The three have just released a book called A Sliver of Light about their subsequent incarceration. Shourd spent less time in Evin prison than Bauer and Fattal, but she was held in solitary confinement for her entire stay. Her devastating account of how this isolation almost caused her to unravel will, no doubt, shock many American readers. They should be even more shocked, however, to know that there are tens of thousands of prisoners held in isolation in American prisons every day – and the conditions to which they’re subjected are not much better than Shourd’s in Iran.

Indeed, ‘the hole’ in the US is sometimes even worse than the worst public horror stories.

Scientific studies have shown that it can take less than two days in solitary confinement for brainwaves to shift towards delirium or stupor (pdf). For this reason, the United Nations has called on all countries to ban solitary confinement – except in exceptional circumstances, and even then to impose a limit of no longer than 15 days so that any permanent psychological damage can be averted. Shourd spent a total of 410 days in solitary and was diagnosed with post-traumatic stress disorder after her release. She still has trouble sleeping. But since returning home, she has spent much of her time trying to draw attention to the plight of more than 80,000 Americans who are held in isolation on any given day, some of whom do not count their stay in days or months, but in years and even decades. [Continue reading…]

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Inside the Senate report on CIA interrogations

f13-iconJason Leopold reports: A still-classified report on the CIA’s interrogation program established in the wake of 9/11 sparked a furious row last week between the agency and Senate Intelligence Committee chairwoman Dianne Feinstein. Al Jazeera has learned from sources familiar with its contents that the committee’s report alleges that at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush’s Justice Department.

Two Senate staffers and a U.S. official, who spoke on the condition of anonymity because the information they disclosed remains classified, told Al Jazeera that the committee’s analysis of 6 million pages of classified records also found that some of the harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received. They said the report suggests that the CIA knowingly misled the White House, Congress and the Justice Department about the intelligence value of detainee Zain Abidin Mohammed Husain Abu Zubaydah when using his case to argue in favor of harsher interrogation techniques.

The committee’s report, completed in 2012, must go through a declassification review before any part of it may be released, but conflicts between the CIA — the original classification authority for the documents on which the report is based — and the Senate Intelligence Committee have complicated the process. Even if the report was declassified, releasing it would require Senate approval, and it’s not clear that Feinstein, a California Democrat, could muster enough votes to do so. President Barack Obama last week expressed support for releasing the report “so that the American people can understand what happened in the past … That can help guide us as we move forward.”

CIA Director John Brennan delivered a rebuttal to the report last June, more than four months after a deadline imposed by the Intelligence Committee. The 120-page CIA response, which addresses what the agency says are flaws in the Senate report, also remains classified. [Continue reading…]

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Obama’s duty is to defend the Constitution, not the CIA

Steve Coll writes: In the vestibule of Room 211 of the Hart Senate Office Building, just to the north of the Capitol, a cop guards an inner door that requires a numerical code to open it. The room, where the staff of the Senate Select Committee on Intelligence sits, is called a “skiff,” for “sensitive compartmented information facility.” Last week, Senator Dianne Feinstein, the committee’s chair, described secret documents that are now apparently stored in the office. She did so publicly, during a remarkable jeremiad on the Senate floor, which was part “Homeland” treatment, part grand-jury instruction. She recounted several years of maneuvering between the committee staff and the C.I.A., before announcing “grave concerns” that agency officers had broken the law and violated the Constitution during a struggle over the documents.

Feinstein called them the Panetta Review, in reference to the former C.I.A. director Leon Panetta, who left the agency in 2011. The documents were prepared by C.I.A. officers, and although their contents are secret, their subject matter is clear and vitally important: the true history of the brutal interrogation of about a hundred Al Qaeda leaders and suspects at offshore C.I.A. “black sites” between roughly 2002 and 2006, on orders of the Bush Administration. The interrogations included the use of “enhanced interrogation techniques,” such as waterboarding, which constituted torture in the judgment of the Red Cross and many other authorities. Feinstein suggested that the Panetta Review may illuminate still disputed issues; namely, whether the program produced significant intelligence, whether the C.I.A. lied to Congress about it, and how cruel and degrading the black sites really were.

Barack Obama ended the program on his second day in office, in 2009, denouncing it as torture. Yet he also signalled that he would not hold the C.I.A. or its career officers accountable for the past. Moreover, he decided to advance the C.I.A.’s role in counterterrorism, which complicated the options for examining the interrogation program. The C.I.A.’s Counterterrorism Center ran the sites. It also managed the agency’s drone program and the hunt for Osama bin Laden. Obama called its officers into action, ordering drone strikes in Pakistan and encouraging the agency to finally find bin Laden, which it did, in 2011. For the President to have investigated some of the same personnel for past complicity in torture would have been awkward. [Continue reading…]

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Conflict of interest: CIA lawyer at center of computer snooping clash

n13-iconThe Associated Press reports: The senior CIA lawyer accused by the head of the Senate Intelligence Committee of trying to intimidate the panel over its investigation into secret prisons and brutal interrogations of terrorism suspects was himself involved in the controversial programs. The attorney, the CIA’s top lawyer, is cited by name for his role more than 1,600 times in the Senate’s unpublished, 6,300-page investigative report, according to the panel’s chairwoman, Sen. Dianne Feinstein.

Until the California Democrat’s extraordinary Senate speech Tuesday, the CIA’s senior deputy general counsel, Robert Eatinger, was little known outside a small cadre of highly specialized national security lawyers. He has maintained a low profile in a legal career that has spanned two decades at the CIA and in the Navy. But Feinstein’s remarkable accusations instantly made Eatinger famous — or infamous — over a simmering constitutional dispute that threatens to engulf two branches of the government.

Eatinger had filed a formal criminal complaint earlier this year on behalf of the CIA asking the Justice Department to investigate whether the Senate Intelligence Committee had improperly obtained classified CIA documents for an as-yet unreleased Senate report on the agency’s use of waterboarding and other abusive tactics against al-Qaida prisoners during the George W. Bush administration.

Eatinger’s move boomeranged Tuesday. [Continue reading…]

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In China, brutality yields confessions of graft

n13-iconThe Associated Press reports: The local Chinese official remembers the panic he felt in Room 109. He had refused to confess to bribery he says he didn’t commit, and his Communist Party interrogators were forcing his legs apart.

Zhou Wangyan heard his left thigh bone snap, with a loud “ka-cha.” The sound nearly drowned out his howls of pain.

“My leg is broken,” Zhou told the interrogators. According to Zhou, they ignored his pleas.

China’s government is under strong pressure to fight rampant corruption in its ranks, faced with the anger of an increasingly prosperous, well-educated and Internet-savvy public. However, the party’s methods for extracting confessions expose its 85 million members and their families to the risk of abuse. Experts estimate at least several thousand people are secretly detained every year for weeks or months under an internal system that is separate from state justice.

In a rare display of public defiance, Zhou and three other party members in Hunan described to The Associated Press the months of abuse they endured less than two years ago, in separate cases, while in detention. Zhou, land bureau director for the city of Liling, said he was deprived of sleep and food, nearly drowned, whipped with wires and forced to eat excrement. The others reported being turned into human punching bags, strung up by the wrists from high windows, or dragged along the floor, face down, by their feet. [Continue reading…]

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Washington Post: Declassify the Senate report on CIA interrogation methods

o13-iconIn an editorial, the Washington Post says: More than a dozen years after the attacks of 9/11, it is time to treat government decisions made in the aftermath as history — to be debated and learned from. This is especially true of the misguided program of interrogation and torture carried out by the Central Intelligence Agency. In the years after the attacks, so-called “enhanced interrogation techniques” that did not measure up to American values nor international law were brought to bear on detainees. We need to know the full story of how that happened.

In a landmark investigation, comparable in significance to the 9/11 Commission report, the Senate Select Committee on Intelligence initiated a full probe of the interrogations in 2009. The investigation was completed in December 2012 and approved by a 9 to 6 vote. The resulting report is roughly 6,300 pages long, with a 300-page executive summary. The CIA, which is the focus of much criticism in the report, submitted a 120-page response to the committee in June, explaining where the agency agreed with the findings and where it disagreed. A long period of discussion between the CIA and committee staff ensued, concluding last September. Since then, the report has been under revision to reflect the comments.

When complete, the full report will go back to the committee for approval and then, perhaps, to the executive branch for declassification. We hope this happens soon. The committee chairwoman, Sen. Dianne Feinstein (D-Calif.), has called for the release of a declassified executive summary and of the findings and conclusions. President Obama, who early in his first term repudiated the legal memos that were used as justification for the interrogations but also announced that he would not seek criminal charges against CIA operatives who participated in the them, has endorsed making public a declassified version.

Clearly, this has been a painful process for the CIA. The report is expected to be highly critical of the agency’s actions. A key issue is whether methods such as waterboarding produced any useful intelligence, as members of the Bush administration and others have claimed. A debate without the facts is hollow. We need to read the report of the Senate committee in order to squarely address it.

There have been some reports in recent days of an investigation by the CIA’s inspector general into whether agents gained access to Senate committee computers, perhaps an effort to interfere with the report’s publication. If this happened, this is terribly inappropriate. The CIA must cooperate with Congress in getting this report published, however unpleasant that may be.

The interrogation methods were part of a covert action program authorized by the president. It is time to examine the program with some historical perspective, learn the lessons and ponder how the United States can best defend itself in a dangerous world without violating dearly held values and principles.

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Karen Greenberg: Obama’s commandments

Think of us as having two presidents.  One, a fellow named Barack Obama, cuts a distinctly Clark Kent-ish figure.  In presiding over domestic policy, he is regularly thwarted in his desires by the Republicans in Congress and couldn’t until recently get his most basic choices for government positions or the judiciary through the Senate.  For the most minimal look of effectiveness, he has to rely on relatively small gestures by executive order.  In the recent history of the American presidency, he is a remarkably powerless figure presiding over what everyone who is a media anyone claims is a riven, paralyzed, even broken government structure, one in which the Republicans are intent on ensuring that a Democratic president can do nothing until they take the White House (which is almost guaranteed to be never).  What this president wants, almost by definition, he can’t have.  He is, as Guardian columnist Gary Younge wrote recently, a man who’s lost the plot line to his own story and has been relegated to the position of onlooker-in-chief.

But keep in mind that that’s only one of our two presidents.  The other, a fellow named Barack Obama, flies (by drone) like Superman, rules more or less by fiat, sends U.S. missiles to strike and kill just about anyone, including American citizens, anywhere in the distant backlands of the planet, and dispatches the country’s secret warriors (whether from the CIA or the special operations forces) wherever he pleases.  He can, with rare exceptions, intervene violently wherever he chooses.  He can (by proxy) listen in on whomever he’s curious about (including, it seems, 320 German business and political leaders).  He rules over what former Congressional insider Mike Lofgren calls the “deep state” in Washington, a national security apparatus that is neither riven, nor broken, nor paralyzed, with only the rarest intercessions from Congress.  In this world, Obama’s powers have only grown, along with the “kill list” he reviews every week.

Admittedly, in his actions abroad from Afghanistan to Libya, his moves on the global stage haven’t exactly proven to be brilliant coups de théâtre.  Many have, in fact, been remarkably boneheaded.  But no one ever claimed that Superman’s superpowers included super-brain-power.

Think of this White House, then, as the schizophrenic presidency, one half remarkably impotent, the other ever more potent.  The conundrum is that they both inhabit the same man.  And if they add up to anything, as Karen Greenberg, director of the Center on National Security at Fordham Law and TomDispatch regular, makes clear today, it’s long-term bad news for the country and the planet. Tom Engelhardt

The Five Commandments of Barack Obama
How “thou shalt not” became “thou shalt”
By Karen J. Greenberg

In January 2009, Barack Obama entered the Oval Office projecting idealism and proud to be the constitutional law professor devoted to turning democratic principles into action.  In his first weeks in office, in a series of executive orders and public statements, the new president broadcast for all to hear the five commandments by which life in his new world of national security would be lived. 

Thou shalt not torture.

Thou shalt not keep Guantanamo open.

Thou shalt not keep secrets unnecessarily.

Thou shalt not wage war without limits.

Thou shalt not live above the law.

Five years later, the question is: How have he and his administration lived up to these self-proclaimed commandments?

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Is solitary confinement an impossible idea?

f13-iconBenjamin Wallace-Wells writes: On July 8 of last year, a 50-year-old man named Todd Ashker, an inmate at California’s Pelican Bay State Prison, began a hunger strike. He had compiled a list of demands, but the essential one was that the policy that dictated the terms of his imprisonment be abolished. Ashker was housed in Pelican Bay’s Security Housing Unit, the most restrictive prison unit in California and a place of extreme isolation. Convicts stay in their cells 23 hours a day and leave only to exercise in a concrete room, alone; their meals are fed into their cell through a slot. Other than an awareness that they are staring at the same blank wall as seven other men kept in their “pod,” they are completely alone. Ashker has been there since 1990; in his view, he has been subject to nearly a quarter-­century of continuous torture. “I have not had a normal face-to-face conversation with another human being in 23 years,” he told me recently, speaking from the other side of a thick plate of glass.

The sheer length of time inmates spend here has made Pelican Bay a novel experiment in social control. The California prison system allows any confirmed gang member to be kept in the SHU indefinitely, with a review of his status only every six years. (Prisoners who kill a guard or another inmate, by contrast, are given a five-year term in the SHU.) This policy has filled Pelican Bay with men considered the most influential and dangerous gang leaders in California. Ashker, allegedly a senior member of the Aryan Brotherhood, had for years shared a pod with Sitawa Jamaa, allegedly the minister of education of the Black Guerrilla Family, and Arturo Castellanos, allegedly an important leader of the Mexican Mafia. In the next pod over was Antonio Guillen, allegedly one of three “generals” of Nuestra Familia. According to the state, these men have spent much of their lives running rival, racially aligned criminal organizations dedicated, often, to killing one another. But over a period of years, through an elaborate and extremely patient series of conversations yelled across the pod and through the concrete walls of the exercise room, the four men had formed a political alliance. They had a shared interest in protesting the conditions of their confinement and, eventually, a shared strategy. They became collaborators.

The men planned for the hunger strike meticulously. They had staged two more modest strikes in 2011, and afterward some had staged private fasts in their cells to try to learn how long they might be able to go without food. The four men had spent the spring putting on weight. Ashker had calculated how much water he needed to drink to keep his electrolytes ­balanced, his heart pumping: 240 ounces a day. In June, the men sent letters to an activist group detailing their grievances, explaining when the strike would begin, and asking other prisoners to join them. In letters to families and friends, they spread the word. Corrections officers throughout the state heard the news; on July 2, a few senior officials visited from Sacramento to meet with the prisoners and measure their intent. They left ­convinced the men were serious. Then, a few days later, the prisoners stopped eating.

The severity of his isolation meant that as the strike began, Ashker had little idea of what effect it was having or how many other prisoners had decided to join him. It turned out to be the largest coordinated hunger strike in American history. [Continue reading…]

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Lawyers, judge hold secret Guantánamo hearing on CIA black sites

n13-iconCarol Rosenberg reports: A military judge held a secret war court session Saturday on defense lawyers’ efforts to uncover evidence of what the CIA did to the alleged USS Cole bomber across years in the agency’s clandestine overseas prison network.

Both the public and the alleged terrorist were excluded from the 111-minute hearing in the case that seeks the execution of Abd al Rahim al Nashiri as mastermind of the Oct. 12, 2000 terror attack that killed 17 U.S. sailors off Aden, Yemen.

Only prosecutors and defense lawyers attended the hearing with the judge, Army Col. James L. Pohl, and a court recorder creating a classified transcript of the proceedings.

Nashiri, 49, spent four years in secret CIA prisons where, according to declassified reports, agents waterboarded him and interrogated him nude with a hood on his head and handcuffs on his wrists. One U.S. agent threatened to kill the Saudi with a power drill and handgun, and threatened to have his mother raped. [Continue reading…]

Meanwhile, AFP reports: Five former Guantanamo detainees are seeking damages for what they say were years of sexual, mental and physical abuse at the US detention center, where they were held without charge or trial.

The men from Turkey, Uzbekistan and Algeria, who are now settled in other countries, alleged Friday at a US appeals court that they were subjected to torture that included forced nudity, sexual harassment and beatings, first in Afghanistan and then at the military jail in Cuba.

Justices will make their ruling in several weeks, but one of them, Judge David Tatel, said military and civilian officials at the Pentagon had failed in their duty.

“Their job is to protect the detainees from abuse, they failed to do so,” he said.

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What the CIA learned from the Nazis

f13-iconAnnie Jacobsen writes: It was 1946 and World War II had ended less than one year before. In Top Secret memos being circulated in the elite ‘E’ ring of the Pentagon, the Joint Chiefs of Staff were preparing for ‘total war’ with the Soviets—to include atomic, chemical, and biological warfare. They even set an estimated start date of 1952. The Joint Chiefs believed that the U.S. could win this future war, but not for reasons that the general public knew about. Since war’s end, across the ruins of the Third Reich, U.S. military officers had been capturing and then hiring Hitler’s weapons makers, in a Top Secret program that would become known as Operation Paperclip. Soon, more than 1,600 of these men and their families would be living the American dream, right here in the United States. From these Nazi scientists, U.S. military and intelligence organizations culled knowledge of Hitler’s most menacing weapons including sarin gas and weaponized bubonic plague.

As the Cold War progressed, the program expanded and got stranger still. In 1948, Operation Paperclip’s Brigadier General Charles E. Loucks, Chief of U.S. Chemical Warfare Plans in Europe, was working with Hitler’s former chemists when one of the scientists, Nobel Prize winner Richard Kuhn, shared with General Loucks information about a drug with military potential being developed by Swiss chemists. This drug, a hallucinogen, had astounding potential properties if successfully weaponized. In documents recently discovered at the U.S. Army Heritage Center in Pennsylvania, Loucks quickly became enamored with the idea that this drug could be used on the battlefield to “incapacitate not kill.” The drug was Lysergic acid diethylamide, or LSD.

It did not take long for the CIA to become interested and involved. Perhaps LSD could also be used for off-the-battlefield purposes, a means through which human behavior could be manipulated and controlled. In an offshoot of Operation Paperclip, the CIA teamed up with Army, Air Force and Naval Intelligence to run one of the most nefarious, classified, enhanced interrogation programs of the Cold War. The work took place inside a clandestine facility in the American zone of occupied Germany, called Camp King. The facility’s chief medical doctor was Operation Paperclip’s Dr. Walter Schreiber, the former Surgeon General of the Third Reich. When Dr. Schreiber was secretly brought to America—to work for the U.S. Air Force in Texas—his position was filled with another Paperclip asset, Dr. Kurt Blome, the former Deputy Surgeon General of the Third Reich and the man in charge of the Nazi’s program to weaponize bubonic plague. The activities that went on at Camp King between 1946 and the late 1950s have never been fully accounted for by either the Department of Defense or the CIA.

Camp King was strategically located in the village of Oberursel, eleven miles northwest of the United States European Command (EUCOM) headquarters in Frankfurt. Officially the facility had three names: the U.S. Military Intelligence Service Center at Oberursel, the 7707th European Command Intelligence Center, and Camp King. In 1945, the place housed captured Nazis but by 1948 most of its prisoners were Soviet bloc spies. For more than a decade Camp King would function as a Cold War black site long before black sites were known as such—an ideal facility to develop enhanced interrogation techniques in part because it was “off-site” but mainly because of its access to Soviet prisoners. [Continue reading…]

Annie Jacobsen’s new book, Operation Paperclip, is published this week.

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The torture that flourishes from Gitmo to an American supermax

FeaturePardiss Kebriaei writes: I just returned from Guantánamo, where I met with my client Ghaleb Al-Bihani, a Yemeni citizen who began his thirteenth year of detention without charge there this month. He has been deprived of a third of his life, from ages 22 to 35, because the United States government says that in 2001 he was a cook for a Taliban affiliate that no longer exists. In a few months, he will go through another government review that will either recommend his transfer from Guantánamo or his continued and indefinite imprisonment. We have words and images to describe waterboarding; it is harder to convey the suffocation of perpetual detention.

The crisis of Ghaleb’s continuing detention — its injustice and pain — was at one time more visible. Guantánamo began as a prison the Bush administration declared was outside the law, and there was little pretense about it. People were shoved off the first transport planes in shackles and hoods and locked into outdoor cages. For two years, they were held incommunicado and denied the right to know or contest why they were being detained. When it came to torture, the “gloves were off,” to paraphrase top military and civilian officials.

The wrongful detention and abuse of the men who remain are less overt now. Today, as the result of years of legal challenges and advocacy, detainees have the right to challenge the legality of their detention in federal court; indeed, it is a federal court that sanctioned Ghaleb’s indefinite detention for being a cook. Today, the cages of the makeshift “Camp X-Ray” are overgrown with weeds; the majority of detainees are held in “state-of-the-art” facilities that resemble maximum-security prisons in the United States and mask similar cruelties. Today, torture is the mental torment of 4,380 days behind the walls of an island prison without good reason or end. It is that which Ghaleb says is excruciating.

A colleague, the first civilian attorney allowed access to the prison in 2004, talks of that first visit. The barbarity of the way human beings were being treated was raw and exposed. My visits nowadays begin with a mint on my pillow in my lodging quarters. I can bring pizza to my clients. The crisis at Guantánamo is as present now as ever, but it has been given legal cover, sanitized, normalized. It took a mass hunger strike at the prison last year to wake us up to it.

A few years ago, at an event in January marking yet another anniversary of the Guantánamo prison’s existence, I met the father of Fahad Hashmi, a US citizen of Pakistani descent who grew up in New York City. Fahad is incarcerated at another infamous US prison — the Administrative Maximum Facility (ADX) in Colorado. As a lawyer, I had spent the last several years trying to extend the protections of the American legal system to Guantánamo. But that meeting was an introduction to a slice of unjust punishment and torture on American soil—another outrage born of the “War on Terror,” where government zealotry produces grotesque outcomes, the façade of legal process can legitimize profound unfairness, and barbarity is masked by utter normality. [Continue reading…]

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Contrary to Obama’s promises, the U.S. military still permits torture

Jeffrey Kaye writes: The United States Army Field Manual (AFM) on interrogation (pdf) has been sold to the American public and the world as a replacement for the brutal torture tactics used by the CIA and the Department of Defense during the Bush/Cheney administration.

On 22 January 2009, President Obama released an executive order stating that any individual held by any US government agency “shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3.”

But a close reading of Department of Defense documents and investigations by numerous human rights agencies have shown that the current Army Field Manual itself uses techniques that are abusive and can even amount to torture.

Disturbingly, the latest version of the AFM mimicked the Bush administration in separating out “war on terror” prisoners as not subject to the same protections and rights as regular prisoners of war. Military authorities then added an appendix to the AFM that included techniques that could only be used on such “detainees”, ie, prisoners without POW status.

Labeled Appendix M, and propounding an additional, special “technique” called “Separation”, human rights and legal group have recognized that Appendix M includes numerous abusive techniques, including use of solitary confinement, sleep deprivation and sensory deprivation. [Continue reading…]

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U.S. psychology body declines to rebuke member in Guantánamo torture case

The Guardian reports: America’s professional association of psychologists has quietly declined to rebuke one of its members, a retired US army reserve officer, for his role in one of the most brutal interrogations known to have to taken place at Guantánamo Bay, the Guardian has learned.

The decision not to pursue any disciplinary measure against John Leso, a former army reserve major, is the latest case in which someone involved in the post-9/11 torture of detainees has faced no legal or even professional consequences.

In a 31 December letter obtained by the Guardian, the American Psychological Association said it had “determined that we cannot proceed with formal charges in this matter. Consequently the complaint against Dr Leso has been closed.”

But the APA did not deny Leso took part in the brutal interrogation of the suspected 20th 9/11 hijacker, Mohammed al-Qahtani, whose treatment the Pentagon official overseeing his military commission ultimately called “torture”. [Continue reading…]

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Evidence of ‘industrial-scale killing’ by Syria spurs call for war crimes charges

The Guardian reports: Syrian government officials could face war crimes charges in the light of a huge cache of evidence smuggled out of the country showing the “systematic killing” of about 11,000 detainees, according to three eminent international lawyers.

The three, former prosecutors at the criminal tribunals for the former Yugoslavia and Sierra Leone, examined thousands of Syrian government photographs and files recording deaths in the custody of regime security forces from March 2011 to last August.

Most of the victims were young men and many corpses were emaciated, bloodstained and bore signs of torture. Some had no eyes; others showed signs of strangulation or electrocution.

The UN and independent human rights groups have documented abuses by both Bashar al-Assad’s government and rebels, but experts say this evidence is more detailed and on a far larger scale than anything else that has yet emerged from the 34-month crisis.

The three lawyers interviewed the source, a military policeman who worked secretly with a Syrian opposition group and later defected and fled the country. In three sessions in the last 10 days they found him credible and truthful and his account “most compelling”.

They put all evidence under rigorous scrutiny, says their report, which has been obtained by the Guardian and CNN.

The authors are Sir Desmond de Silva QC, former chief prosecutor of the special court for Sierra Leone, Sir Geoffrey Nice QC, the former lead prosecutor of former Yugoslavian president Slobodan Milosevic, and Professor David Crane, who indicted President Charles Taylor of Liberia at the Sierra Leone court.

The defector, who for security reasons is identified only as Caesar, was a photographer with the Syrian military police. He smuggled the images out of the country on memory sticks to a contact in the Syrian National Movement, which is supported by the Gulf state of Qatar. Qatar, which has financed and armed rebel groups, has called for the overthrow of Assad and demanded his prosecution.

The 31-page report, which was commissioned by a leading firm of London solicitors acting for Qatar, is being made available to the UN, governments and human rights groups. Its publication appears deliberately timed to coincide with this week’s UN-organised Geneva II peace conference, which is designed to negotiate a way out of the Syrian crisis by creating a transitional government. [Continue reading…]

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MI6 ‘turned blind eye’ to torture of rendered detainees

The Guardian reports: MI6 officers were under no obligation to report breaches of the Geneva conventions and turned a “blind eye” to the torture of detainees in foreign jails, according to the report into Britain’s involvement in the rendition of terror suspects.

Even when individual MI6 and MI5 officers expressed concerns about the abuse of detainees they did not pass on their thoughts for fear of offending the US, Britain’s closest intelligence partner.

British officials were reluctant to question sleep deprivation, hooding, and waterboarding for “fear of damaging liaison relationships” – an unmistakable reference to the CIA.

This is the message of the 115-page report by a panel led by Sir Peter Gibson, the former appeal court judge, into Britain’s involvement in the extra-judicial abduction of terror suspects who were flown in secret to prisons where they were ill treated. [Continue reading…]

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