When a cover-up is exposed, nothing is more telling than the first reactions from those who are involved. Do they maintain their stories and face potentially aggravated consequences? Or do they simply remain silent? In making this choice, they often telegraph the depth of their anxiety and concern.
Last night on MSNBC’s Countdown with Keith Olbermann, I focused on the first responses to “The Guantánamo ‘Suicides.’” Colonel Michael Bumgarner, the former commander at Camp America, had sent an email to the Associated Press, the text of which AP confirmed to me, in which he said he would have to get clearance from the Defense Department to speak, but then stated:
This blatant misrepresentation of the truth infuriates me. I don’t know who Sgt. Hickman is, but he is only trying to be a spotlight ranger. He knows nothing about what transpired in Camp 1, or our medical facility. I do, I was there.
This statement merits closer inspection. The first sentence is a classic nondenial denial. It appears on the surface to deny part of the account, but in fact denies nothing. Bumgarner needs to state specifically what allegations he considers inaccurate. His failure to do so is telling. [continued…]
The single biggest lie in War on Terror revisionist history is that our torture was confined only to a handful of “high-value” prisoners. New credible reports of torture continuously emerge. That’s because America implemented and maintained a systematic torture regime spread throughout our worldwide, due-process-free detention system. There have been at least 100 deaths of detainees in American custody who died during or as the result of interrogation. Gen. Barry McCaffrey said: “We tortured people unmercifully. We probably murdered dozens of them during the course of that, both the armed forces and the C.I.A.” Gen. Antonio Taguba said after investigating the Abu Ghraib abuses and finding they were part and parcel of official policy sanctioned at the highest levels of the U.S. Government, and not the acts of a few “rogue” agents: “there is no longer any doubt as to whether the current administration has committed war crimes. The only question that remains to be answered is whether those who ordered the use of torture will be held to account.”
Despite all of this, our media persists in sustaining the lie that the torture controversy is about three cases of waterboarding and a few “high-value” detainees who were treated a bit harshly. That’s why Horton’s story received so little attention and was almost completely ignored by right-wing commentators: because it shatters the central myth that torture was used only in the most extreme cases — virtual Ticking Time Bomb scenarios — when there was simply no other choice. Leading American media outlets, as a matter of policy, won’t even use the word “torture.” This, despite the fact that the abuse was so brutal and inhumane that it led to the deaths of helpless captives — including run-of-the-mill detainees, almost certainly ones guilty of absolutely nothing — in numerous cases. These three detainee deaths — like so many other similar cases — illustrate how extreme is the myth that has taken root in order to obscure what was really done. [continued…]
Two Afghan teenagers held in U.S. detention north of Kabul this year said they were beaten by American guards, photographed naked, deprived of sleep and held in solitary confinement in concrete cells for at least two weeks while undergoing daily interrogation about their alleged links to the Taliban.
The accounts could not be independently substantiated. But in successive, on-the-record interviews, the teenagers presented a detailed, consistent portrait suggesting that the abusive treatment of suspected insurgents has in some cases continued under the Obama administration, despite steps that President Obama has said would put an end to the harsh interrogation practices authorized by the Bush administration after the Sept. 11, 2001, attacks.
The two teenagers — Issa Mohammad, 17, and Abdul Rashid, who said he is younger than 16 — said in interviews this week that they were punched and slapped in the face by their captors during their time at Bagram air base, where they were held in individual cells. Rashid said his interrogator forced him to look at pornography alongside a photograph of his mother. [continued…]
An American military detention camp in Afghanistan is still holding inmates, sometimes for weeks at a time, without access to the International Committee of the Red Cross, according to human rights researchers and former detainees held at the site on the Bagram Air Base.
The site, known to detainees as the black jail, consists of individual windowless concrete cells, each illuminated by a single light bulb glowing 24 hours a day. In interviews, former detainees said that their only human contact was at twice-daily interrogation sessions.
“The black jail was the most dangerous and fearful place,” said Hamidullah, a spare-parts dealer in Kandahar who said he was detained there in June. “They don’t let the I.C.R.C. officials or any other civilians see or communicate with the people they keep there. Because I did not know what time it was, I did not know when to pray.”
The jail’s operation highlights a tension between President Obama’s goal to improve detention conditions that had drawn condemnation under the Bush administration and his stated desire to give military commanders leeway to operate. While Mr. Obama signed an order to eliminate so-called black sites run by the Central Intelligence Agency in January, it did not also close this jail, which is run by military Special Operations forces. [continued…]
The rare resignation on principle is always telling in American government. When Matthew Hoh recently left the State Department — a Marine Captain in Iraq who became a diplomat in Afghanistan — his act was significant far beyond the first reports.
Hoh speaks grim truth to power. His message is that to pursue the Afghan war policy in any guise — regardless of the troop level President Obama now chooses — will be utter folly, trapping America in an unwinnable civil war in the Hindu Kush, and only fueling terrorism. [continued…]
As President Obama vows to “finish the job” in Afghanistan by sending more troops, the Senate Foreign Relations Committee has completed a detailed look back at a crucial failure early in the battle against Al Qaeda: the escape of Osama bin Laden from American forces in the Afghan mountains of Tora Bora in December 2001.
“Removing the Al Qaeda leader from the battlefield eight years ago would not have eliminated the worldwide extremist threat,” the committee’s report concludes. “But the decisions that opened the door for his escape to Pakistan allowed bin Laden to emerge as a potent symbolic figure who continues to attract a steady flow of money and inspire fanatics worldwide.”
The report, based in part on a little-noticed 2007 history of the Tora Bora episode by the military’s Special Operations Command, asserts that the consequences of not sending American troops in 2001 to block Mr. bin Laden’s escape into Pakistan are still being felt.
The report blames the lapse for “laying the foundation for today’s protracted Afghan insurgency and inflaming the internal strife now endangering Pakistan.”
Its release comes just as the Obama administration is preparing to announce an increase in forces in Afghanistan. [continued…]
Whatever happened to the so-called “black sites,” where suspected terrorists were held overseas by the CIA and submitted to harsh interrogations that included torture? On April 9, CIA chief Leon Panetta issued a statement notifying CIA employees that the agency “no longer operates detention facilities or black sites”—which were effectively shut down in the fall of 2006—”and has proposed a plan to decommission the remaining sites.” In the months since then, lawyers for several terrorism suspects have been trying to determine the status of these sites, as they seek evidence for their cases. But the US government has refused to disclose anything about what it has done with these facilities.
In his statement, Panetta noted, “I have directed our Agency personnel to take charge of the decommissioning process and have further directed that the contracts for site security be promptly terminated.” (He added that the suspension of these private security contracts would save the agency up to $4 million.) Though Panetta’s order might have seemed like good news to civil libertarians and critics of the Bush-Cheney administration’s detention policies, lawyers for several detainees who had been held in such sites immediately worried about one thing: “We thought they would be destroying further evidence,” says George Brent Mickum IV, a lawyer for Abu Zubaydah, a captured terrorism suspect whom President George W. Bush described (probably errantly) as “one of the top three leaders” of al Qaeda. (In 2007, the CIA disclosed that it had destroyed videotapes of interrogations of Zubaydah, who was waterboarded 83 times.) [continued…]
Britain’s role in the torture of its own citizens in Pakistan is condemned today by one of the world’s leading human rights organisations as being cruel, counter-productive and in clear breach of international law.
In a damning report, published after an investigation spanning more than a year, Human Rights Watch (HRW) says the government finds itself in a “legally, morally and politically invidious position” through complicity in torture, and warns its moral legitimacy could be undermined.
Today sees the release by Human Rights Watch (HRW) of a searing exposé of the evidence against the British government of its complicity in the torture of people held in Pakistan suspected of terrorism. The report, Cruel Britannia, is based on evidence collected by Ali Dayan Hasan, a senior HRW researcher who interviewed not only suspects and their lawyers but also members of the Pakistani ISI agency who were involved in the torture. It corroborates and provides further detail for the investigative reporting on torture of the Guardian’s Ian Cobain, who recently won the Paul Foot award.
Human Rights Watch, a US-based organisation, has an excellent reputation for independence and fair-minded monitoring. The allegations that British security services knew about torture in Pakistan, took advantage of it and even encouraged it, must be taken very seriously.
The report analyses in some detail the “far from decisive” response of the UK government so far to these and other allegations. Foreign secretary David Miliband and others repeat a mantra that the UK government does not condone torture, but they have refused to investigate the allegations or to publish guidance to officials. Written instructions to security services interrogating suspects in Afghanistan after 9/11 disclosed earlier this year – while saying they should not be seen to “condone” torture – also made it clear that the UK government sanctions a blind eye. The instructions claimed (with dubious legality, let alone morality) that there was no obligation to intervene even when interrogators are aware of torture. [continued…]
Twice in the past three years, the Lithuanian Parliament investigated reports that the CIA secretly imprisoned al-Qaeda leaders in this Baltic country. Both times, legislators concluded that there was no evidence.
Now the Parliament is investigating a third time, and it is looking a little harder. Fresh reports of covert CIA flights carrying prisoners from Afghanistan to Lithuania, as well as the revelation that U.S. contractors built a high-security complex at the edge of a forest near Vilnius, have added to the suspicions.
Many Lithuanian officials said they remain unconvinced that their country’s secret services allowed the CIA to detain international terrorists. A few legislators blame Russia and other outside interests for inventing the allegations in an attempt to besmirch Lithuania’s reputation.
But increasingly, after years of issuing denials, Lithuania’s leaders are no longer ruling out the possibility that the CIA operated a secret prison in this northern European country of 3.5 million people, and that its government will have to deal with the fallout. [continued…]
The CIA built one of its secret European prisons inside an exclusive riding academy outside Vilnius, Lithuania, a current Lithuanian government official and a former U.S. intelligence official told ABC News this week.
Where affluent Lithuanians once rode show horses and sipped coffee at a café, the CIA installed a concrete structure where it could use harsh tactics to interrogate up to eight suspected al-Qaeda terrorists at a time.
“The activities in that prison were illegal,” said human rights researcher John Sifton. “They included various forms of torture, including sleep deprivation, forced standing, painful stress positions.”
Lithuanian officials provided ABC News with the documents of what they called a CIA front company, Elite, LLC, which purchased the property and built the “black site” in 2004. [continued…]
A US federal appeals court has ruled that a Canadian man cannot sue the US after he was held at a New York airport and then transferred to Syria, where he alleges he was tortured.
Maher Arar, a Syrian-born software engineer, was detained by US authorities during a stopover in New York while heading home to Canada in 2002, and then sent to Syria because he was suspected of having links to al-Qaeda.
Arar says he was held in a Syrian jail for almost a year and that he was beaten and whipped with electrical cables during his detention.
In a 7-4 vote on Monday, the US court of appeals for the Second Circuit agreed with a lower court that Arar could not sue US officials, saying that he did not have legal standing. [continued…]
There is a vital development — a new ruling from the British High Court — in a story about which I’ve written many times before: the extraordinary joint British/U.S. effort to cover up the brutal torture which Binyam Mohamed suffered at the hands of the CIA while in Pakistan and while he was “rendered” by the U.S. to various countries. While Mohamed, a British resident, was in American custody, the CIA told British intelligence agents exactly what was done to him, and those British agents recorded what they were told in various memos. Last year, the British High Court ruled that Mohamed — who was then at Guantanamo — had the right to obtain those documents from the British intelligence service in order to prove that statements he made to the CIA were the by-product of coercion.
The High Court’s original ruling in Mohamed’s favor contained seven paragraphs which described the torture to which Mohamed was subjected. It has been previously reported that those paragraphs contain descriptions of abuse so brutal that not even our own American media could dispute that it constitutes “torture”: [continued…]
Doctors and psychologists the CIA employed to monitor its “enhanced interrogation” of terror suspects came close to, and may even have committed, unlawful human experimentation, a medical ethics watchdog has alleged.
Physicians for Human Rights (PHR), a not-for-profit group that has investigated the role of medical personnel in alleged incidents of torture at Guantánamo, Abu Ghraib, Bagram and other US detention sites, accuses doctors of being far more involved than hitherto understood.
PHR says health professionals participated at every stage in the development, implementation and legal justification of what it calls the CIA’s secret “torture programme”. [continued…]
The mind-numbing bureaucratic details displayed in the documents released last week on the Bush Administration’s abusive detention program sent wise commentators, such as The Atlantic’s Hanna Rosin, to Hannah Arendt, the mother of all war-crime writers. Her observations, first published in this magazine, on what she eventually dubbed the “banality of evil,” exhibited by the Nazis’ tidy, carefully monitored control of the Final Solution, are, sadly, timeless.
This is not to suggest that there is any moral equivalence between the Nazis and the Bush Administration. That would be absurd. Nevertheless, as C.I.A. bureaucrats debated the appropriate temperature of the water with which they planned to fill the lungs of captives or the number of times prisoners could be propelled head-first into a plywood wall (“twenty to thirty times consecutively”), it’s hard not to have renewed appreciation for Arendt.
There is also a less famous observation by Arendt, made in The New York Review of Books in the wake of the protests of 1968 and shared with me by Georgetown Law professor David Luban, that captures the problem faced by the Obama Administration in its attempt to hold the right officials accountable. She calls it the “rule by Nobody.” Attorney General Eric Holder is stuck trying to investigate an entire bureaucracy. Those on the top can claim to have clean hands, while those on the bottom can claim they were following ostensibly legal orders. What’s left, Arendt suggests, is an all-powerful government that is beyond accountability. [continued…]
The debate over the effectiveness of subjecting detainees to psychological and physical pressure is in some ways irresolvable, because it is impossible to know whether less coercive methods would have achieved the same result. But for defenders of waterboarding, the evidence is clear: Mohammed cooperated, and to an extraordinary extent, only when his spirit was broken in the month after his capture March 1, 2003, as the inspector general’s report and other documents released this week indicate.
Over a few weeks, he was subjected to an escalating series of coercive methods, culminating in 7 1/2 days of sleep deprivation, while diapered and shackled, and 183 instances of waterboarding. After the month-long torment, he was never waterboarded again.
“What do you think changed KSM’s mind?” one former senior intelligence official said this week after being asked about the effect of waterboarding. “Of course it began with that.” [continued…]
Editor’s Comment — As Khalid Sheik Mohammed sits in his Guatanamo cell studying the Bible, Dick Cheney would have us believe that the turning point in his detention came when his will was broken by the unbearable stress provoked by his fear of drowning.
To those who buy the morally eviscerated argument that when it comes to torture, the ends justify the means, Mohammed’s case provides the causal clincher: “an avowed and truculent enemy of the United States” got waterboarded and was transformed into the CIA’s “preeminent source” on al-Qaeda. Waterboarding was for the intelligence operative no less powerful than alchemy.
But where’s the actual proof that Mohammed’s apparent change of heart was really the effect of his being tortured?
The one piece of common knowledge that captives and captors share (assuming that the captive does actually know something) is that the captive’s most valuable asset is time. The longer he can hold out, the less his intelligence is worth. By the time KSM “broke”, for all we know the breaking point had little to do with whether waterboarding bout 184 seemed unimaginably less tolerable than the preceding 183 instances; it might simply have marked the point in time at which KSM decided he had bought his collaborators as much time as they could effectively employ in their furious efforts at damage control that must have followed his capture.
Deep among the documents released to the ACLU on Monday afternoon was a curious memo dated 30 December 2004 and directed to Dan Levin, then acting head of the Justice Department’s Office of Legal Counsel. The fax cover sheet has a brief note, “Dan, a generic description of the process.” The name of the sender, based at the CIA, has been obliterated. You can view the document here.
The document provides a step-by-step manual for extraordinary renditions.
The process starts with “capture shock.” The detainee is subject to a medical examination prior to his flight. During the flight, the detainee is securely shackled, and is deprived of sight and sound through the use of blindfolds, earmuffs and hoods. [continued…]
In the spring of 2003, long before Abu Ghraib or secret prisons became part of the American vocabulary, a pair of recently hired lawyers at the American Civil Liberties Union noticed a handful of news reports about allegations of abuse of prisoners in American custody.
The lawyers, Jameel Jaffer and Amrit Singh, wondered: Was there a broader pattern of abuse, and could a Freedom of Information Act request uncover it? Some of their colleagues, more experienced with the frustrations of such document demands, were skeptical. One made a tongue-in-cheek offer of $1 for every page they turned up.
Six years later, the detention document request and subsequent lawsuit are among the most successful in the history of public disclosure, with 130,000 pages of previously secret documents released to date and the prospect of more. [continued…]
The founder of Blackwater USA deliberately caused the deaths of innocent civilians in a series of shootings in Iraq, attorneys for Iraqis suing the security contractor told a federal judge Friday.
The attorneys singled out Erik Prince, a former Navy SEAL who is the company’s owner, for blame in the deaths of more than 20 Iraqis between 2005 and 2007. Six former Blackwater guards were criminally charged in 14 of the shootings, and family members and victims’ estates sued Prince, Blackwater (now called Xe Services LLC) and a group of related companies.
“The person responsible for these deaths is Mr. Prince,” Susan L. Burke, an attorney for the plaintiffs, said in U.S. District Court in Alexandria. “He had the intent, he provided the weapons, he provided the instructions, and they were done by his agents and they were war crimes.” [continued…]
he family of one of the youngest prisoners ever held at Guantanamo plans to sue the U.S. government to compensate him for mistreatment and an adolescence lost to nearly seven years in a cell, his lawyers said Thursday.
Mohammed Jawad returned to Afghanistan this week after a military judge ruled that he was coerced into confessing that he threw a grenade at an unmarked vehicle in the capital in 2002. The attack wounded two American soldiers and their interpreter.
Afghan police delivered Jawad into U.S. custody and about a month later he was sent to the U.S. detention center at Guantanamo Bay, Cuba.
Jawad and his family say he was 12 when he was arrested, and that he is now 19 years old. The Pentagon has said a bone scan showed he was about 17 when taken into custody. His defense lawyers decline to give an exact age for Jawad, who does not have a birth certificate, but say photos taken in Guantanamo showed that he had not gone through puberty. [continued…]
With the appointment of a prosecutor to investigate detainee abuses, long-simmering conflicts between the Central Intelligence Agency and the Justice Department burst into plain view this week, threatening relations between two critical players on President Obama’s national security team.
The tension between the agencies complicates how the administration handles delicate national security issues, particularly the tracking and capturing of suspected terrorists overseas. It also may distract Mr. Obama, who is trying to move beyond the battles of the Bush years to focus on an ambitious domestic agenda, most notably health care legislation.
The strains became evident inside the administration in the past several weeks. In July, Leon E. Panetta, the C.I.A. director, tried to head off the investigation, administration officials said. He sent the C.I.A.’s top lawyer, Stephen W. Preston, to Justice to persuade aides to Attorney General Eric H. Holder Jr. to abandon any plans for an inquiry. [continued…]
It is increasingly clear that torture was Dick Cheney’s special project and that he was personally and deeply involved in it. And the CIA report has some amazing nuggets that show Cheney’s hand. In 2003, after Jay Bybee departed OLC, Cheney struggled to have John Yoo installed as his successor, but ultimately John Ashcroft’s candidate, Jack Goldsmith, prevailed. Goldsmith quickly backtracked on the torture authorizations that Yoo and Bybee gave. The result? The CIA stopped taking its cue from OLC and instead turned to the White House for guidance. It is remarkably vague on the particulars, and blackouts emerge just as passages seem to be getting interesting. But there’s little doubt that Dick Cheney and his staff were pushing the process from behind the scenes. [continued…]
The Justice Department prosecutor appointed this week to examine the CIA’s interrogation program will revisit long-dormant abuse cases involving the agency’s civilian contractors, bringing new attention to a little-known but controversial element of the Bush administration’s war on terrorism.
Civilian contractors used by the CIA at secret overseas facilities were accused of detainee abuses and deaths in a series of cases in the years following the U.S.-led invasions of Afghanistan and Iraq, but only one was ever prosecuted.
The contractors also played a key but secret role in the CIA’s interrogations of top Al Qaeda suspects at “black site” prisons overseas. [continued…]
Two 17-watt fluorescent-tube bulbs — no more, no less — illuminated each cell, 24 hours a day. White noise played constantly but was never to exceed 79 decibels. A prisoner could be doused with 41-degree water but for only 20 minutes at a stretch.
The Central Intelligence Agency’s secret interrogation program operated under strict rules, and the rules were dictated from Washington with the painstaking, eye-glazing detail beloved by any bureaucracy.
The first news reports this week about hundreds of pages of newly released documents on the C.I.A. program focused on aberrations in the field: threats of execution by handgun or assault by power drill; a prisoner lifted off the ground by his arms, which were tied behind his back; another detainee repeatedly knocked out with pressure applied to the carotid artery.
But the strong impression that emerges from the documents, many with long passages blacked out for secrecy, is by no means one of gung-ho operatives running wild. It is a portrait of overwhelming control exercised from C.I.A. headquarters and the Department of Justice — control Bush administration officials say was intended to ensure that the program was safe and legal. [continued…]
Editor’s Comment — An obsessive allegiance to bureaucratic process — this is the indelible signature of a human being unwilling to accept personal responsibility for their own actions.
When it comes to the issue of torture, there really are much larger questions than the questions of legality since there is nothing inherently moral about complying with law. Far from it — just as easily as law can protect, it can also be turned into an exquisitely refined instrument of tyranny. Throughout history there have been those whose faithfulness to law was the very means through which they quietly strangled their own conscience.
If America is to ever atone for the war on terrorism, bringing the guilty to justice will not complete the process.
GOP Congressman Peter King — the ranking member of the House Homeland Security Committee — had this rancid outburst today in Politico regarding Eric Holder’s decision to investigate whether laws were broken by the Bush administration’s torture:
“It’s bullshit. It’s disgraceful. You wonder which side they’re on. [It’s’ a] declaration of war against the CIA, and against common sense. . . . When Holder was talking about being ‘shocked’ [before the report’s release], I thought they were going to have cutting guys’ fingers off or something — or that they actually used the power drill. . . ”
Pressed on whether interrogators had actually broken the law, King said he didn’t think the Geneva Convention “applies to terrorists.”
Never mind that the Supreme Court in Hamdan ruled exactly the opposite: that Common Article 3 of the Geneva Conventions applies to all detainees, including accused Terrorists. Never mind that the War Crimes Act makes it a felony to inflict “prolonged mental harm caused by or resulting from . . . the threat of imminent death; or the threat that another person will imminently be subjected to death, severe physical pain or suffering. . . .” and that these acts are therefore criminal whether or not King likes them. [continued…]
I wrote earlier today about Eric Holder’s decision to “review” whether criminal prosecutions are warranted in connection with the torture of Terrorism suspects — that can be read here — but I want to write separately about the release today of the 2004 CIA’s Inspector General Report (.pdf), both because it’s extraordinary in its own right and because it underscores how unjust it would be to prosecute only low-level interrogators rather than the high-level officials who implemented the torture regime. Initially, it should be emphasized that yet again, it is not the Congress or the establishment media which is uncovering these abuses and forcing disclosure of government misconduct. Rather, it is the ACLU (with which I consult) that, along with other human rights organizations, has had to fill the void left by those failed institutions, using their own funds to pursue litigation to compel disclosure. Without their efforts, we would know vastly less than we know now about the crimes our government committed. [continued…]
The CIA and the Obama Administration continue to keep secret some of the most shocking allegations involving the spy agency’s interrogation program: three deaths and several other detainees whose whereabouts could not be determined, according to a former senior intelligence official who has read the full, unredacted version.
Of the 109 pages in the 2004 report, 36 were completely blacked out in the version made public Monday, and another 30 were substantially redacted for “national security” reasons.
The blacked-out portions hide the Inspector General’s findings on the circumstances that led to the deaths of at least three of the detainees in the CIA’s program, the official said. Two of the men reportedly died in CIA in Iraq and the third died in Afghanistan. [continued…]
As the session begins, the detainee stands naked, except for a hood covering his head. Guards shackle his arms and legs, then slip a small collar around his neck. The collar will be used later; according to CIA guidelines for interrogations, it will serve as a handle for slamming the detainee’s head against a wall.
After removing the hood, the interrogator opens with a slap across the face — to get the detainee’s attention — followed by other slaps, the guidelines state. Next comes the head-slamming, or “walling,” which can be tried once “to make a point,” or repeated again and again.
“Twenty or thirty times consecutively” is permissible, the guidelines say, “if the interrogator requires a more significant response to a question.” And if that fails, there are far harsher techniques to be tried. [continued…]
The Obama administration will continue the Bush administration’s practice of sending terrorism suspects to third countries for detention and interrogation, but pledges to closely monitor their treatment to ensure that they are not tortured, administration officials said Monday.
Human rights advocates condemned the decision, saying that continuing the practice, known as rendition, would still allow the transfer of prisoners to countries with a history of torture. They said that promises from other countries of humane treatment, called “diplomatic assurances,” were no protection against abuse.
“It is extremely disappointing that the Obama administration is continuing the Bush administration practice of relying on diplomatic assurances, which have been proven completely ineffective in preventing torture,” said Amrit Singh, a lawyer with the American Civil Liberties Union, who tracked rendition cases under President George W. Bush. [continued…]
The Justice Department’s ethics office has recommended reversing the Bush administration and reopening nearly a dozen prisoner-abuse cases, potentially exposing Central Intelligence Agency employees and contractors to prosecution for brutal treatment of terrorism suspects, according to a person officially briefed on the matter.
The recommendation by the Office of Professional Responsibility, presented to Attorney General Eric H. Holder Jr. in recent weeks, comes as the Justice Department is about to disclose on Monday voluminous details on prisoner abuse that were gathered in 2004 by the C.I.A.’s inspector general but have never been released.
When the C.I.A. first referred its inspector general’s findings to prosecutors, they decided that none of the cases merited prosecution. But Mr. Holder’s associates say that when he took office and saw the allegations, which included the deaths of people in custody and other cases of physical or mental torment, he began to reconsider.
With the release of the details on Monday and the formal advice that at least some cases be reopened, it now seems all but certain that the appointment of a prosecutor or other concrete steps will follow, posing significant new problems for the C.I.A. It is politically awkward, too, for Mr. Holder because President Obama has said that he would rather move forward than get bogged down in the issue at the expense of his own agenda. [continued…]
Under the new guidelines, interrogators must stay within the parameters of the Army Field Manual when questioning suspects. The task force concluded — unanimously, officials said — that “the Army Field Manual provides appropriate guidance on interrogation for military interrogators and that no additional or different guidance was necessary for other agencies,” according to a three-page summary of the findings. The officials spoke on the condition of anonymity to discuss intelligence matters freely.
Using the Army Field Manual means certain techniques in the gray zone between torture and legal questioning — such as playing loud music or depriving prisoners of sleep — will not be allowed. Which tactics are acceptable was an issue “looked at thoroughly,” one senior official said. Obama had already banned certain severe measures that the Bush administration had permitted, such as waterboarding.
Still, the Obama task force advised that the group develop a “scientific research program for interrogation” to develop new techniques and study existing ones to see whether they work. In essence, the unit would determine a set of best practices on interrogation and share them with other agencies that question prisoners. [continued…]
A long-suppressed report by the Central Intelligence Agency’s inspector general to be released next week reveals that CIA interrogators staged mock executions as part of the agency’s post-9/11 program to detain and question terror suspects, Newsweek has learned.
According to two sources—one who has read a draft of the paper and one who was briefed on it—the report describes how one detainee, suspected USS Cole bomber Abd al-Rahim al-Nashiri, was threatened with a gun and a power drill during the course of CIA interrogation. According to the sources, who like others quoted in this article asked not to be named while discussing sensitive information, Nashiri’s interrogators brandished the gun in an effort to convince him that he was going to be shot. Interrogators also turned on a power drill and held it near him. “The purpose was to scare him into giving [information] up,” said one of the sources. A federal law banning the use of torture expressly forbids threatening a detainee with “imminent death.”
The report also says, according to the sources, that a mock execution was staged in a room next to a detainee, during which a gunshot was fired in an effort to make the suspect believe that another prisoner had been killed. The inspector general’s report alludes to more than one mock execution. [continued…]
In a reversal of Pentagon policy, the military for the first time is notifying the International Committee of the Red Cross of the identities of militants who were being held in secret at a camp in Iraq and another in Afghanistan run by United States Special Operations forces, according to three military officials.
The change begins to lift the veil from the American government’s most secretive remaining overseas prisons by allowing the Red Cross to track the custody of dozens of the most dangerous suspected terrorists and foreign fighters plucked off the battlefields in Iraq and Afghanistan.
It is a major advance for the organization in its long fight to gain more information about these detainees. The military had previously insisted that disclosing any details about detainees at the secretive camps could tip off other militants and jeopardize counterterrorism missions. [continued…]
From a secret division at its North Carolina headquarters, the company formerly known as Blackwater has assumed a role in Washington’s most important counterterrorism program: the use of remotely piloted drones to kill Al Qaeda’s leaders, according to government officials and current and former employees.
The division’s operations are carried out at hidden bases in Pakistan and Afghanistan, where the company’s contractors assemble and load Hellfire missiles and 500-pound laser-guided bombs on remotely piloted Predator aircraft, work previously performed by employees of the Central Intelligence Agency. They also provide security at the covert bases, the officials said.
The role of the company in the Predator program highlights the degree to which the C.I.A. now depends on outside contractors to perform some of the agency’s most important assignments. And it illustrates the resilience of Blackwater, now known as Xe (pronounced Zee) Services, though most people in and outside the company still refer to it as Blackwater. It has grown through government work, even as it attracted criticism and allegations of brutality in Iraq. [continued…]
The Justice Department recently questioned military defense attorneys at Guantanamo Bay about whether photographs of CIA personnel, including covert officers, were unlawfully provided to detainees charged with organizing the Sept. 11, 2001, attacks, according to sources familiar with the investigation.
Investigators are looking into allegations that laws protecting classified information were breached when three lawyers showed their clients the photographs, the sources said. The lawyers were apparently attempting to identify CIA officers and contractors involved in the agency’s interrogation of al-Qaeda suspects in facilities outside the United States, where the agency employed harsh techniques.
If detainees at the U.S. military prison in Cuba are tried, either in federal court or by a military commission, defense lawyers are expected to attempt to call CIA personnel to testify. [continued…]
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