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Argos Media

Closing Guantanamo: US Attorney General Asks Europe for Help - SPIEGEL ONLINE - News - ... - 0 views

www.spiegel.de/...0,1518,622152,00.html

Guantanamo US Eric Holder Germany Europe

shared by Argos Media on 30 Apr 09 - Cached
  • Fresh in office, US Attorney General Eric Holder made his first visit to Berlin on Wednesday and asked for the German government's support in the closing of the Guantanamo prison camp. "Just as we joined hands with our international allies to bring down the Iron Curtain that divided this great city, so must we join together to close Guantanamo," Holder said during a speech on Wednesday night given at the American Academy in the German capital.
  • "I know that Europe did not open Guantanamo, and that, in fact, a great many on this continent opposed it," Holder said in Berlin, before making a direct appeal to Germany to provide its backing. "But as we turn the page to a new beginning, it is incumbent on us all to embrace new solutions, free from the rancor and rhetoric that divided us in the past. To close Guantanamo, we must all make sacrifices and we must be willing to make unpopular choices."
  • He said the talks were "open and productive" and that he was leaving Europe with a "very good impression." "There were no definitive no's anywhere," he said, adding that the groundwork had been completed for Washington to make concrete requests for Europeans to take in former Guantanamo prisoners. Holder said he would return to Washington hopeful.
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  • In recent weeks, the expected request from Washington to take in former prisoners has been the subject of contentious debate within the German government. Foreign Minister Frank-Walter Steinmeier of the center-left Social Democrats (SPD) has expressed his support for taking in prisoners, citing humanitarian reasons. But Interior Minister Wolfgang Schäuble of the conservative Christian Democrats (CDU) has at times been hesitant about the proposals while at other times rejecting them outright. Schäuble fears there will be incalculable security risks for Germany and he feels some of the legal issues still haven't been addressed.
Argos Media

Barack Obama releases Bush administration torture memos | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...ture-memos-bush-administration

US CIA Torture Spain Baltasar Garzón Candido Conde-Pumpido Eric Holder Obama

shared by Argos Media on 17 Apr 09 - Cached
  • Barack Obama today released four top secret memos that allowed the CIA under the Bush administration to torture al-Qaida and other suspects held at Guantánamo and secret detention centres round the world.
  • in an accompanying statement, Obama ruled out prosecutions against those who had been involved. It is a "time for reflection, not retribution," he said.
  • The techniques were applied to at least 14 suspects.
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  • Ten techniques are approved, listed as: attention grasp, walling (in which the suspect could be pushed into a wall), a facial hold, a facial slap, cramped confinement, wall standing, sleep deprivation, insects placed in a confinement box (the suspect had a fear of insects) and the waterboard. In the latter, "the individual is bound securely to an inclined bench, which is approximately four feet by seven feet. The individual's feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner........produces the perception of 'suffocation and incipient panic'."
  • 'Walling' involved use of a plastic neck collar to slam suspects into a specially-built wall that the CIA said made the impact sound worse than it actually was. Other methods include food deprivation.
  • The Bush administration, in particular former vice-president Dick Cheney, claimed that waterboarding did not amount to torture but the Obama adminstration has ruled that it is. Obama ordered the closure of Guantánamo and the CIA secret detention sites abroad.
  • Spanish human rights lawyers last month asked Judge Baltasar Garzón, who indicted the former Chilean president Augusto Pinochet in 1998, to consider filing charges against the former US attorney-general, Alberto Gonzales, and five others.
  • civil rights organisations have been disappointed by a series of rulings by the Obama administration that have protected a lot of material relating to Guantánamo and the sites abroad. The release of the memos today reversed that trend, though there will be unhappiness over the immunity from prosecution.
  • Echoing the president, the attorney-general, Eric Holder, reiterated that there would be no prosecution of CIA operatives working within the guidelines set by the Bush administration."It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the justice department," Holder said.
  • The director of the CIA, Leon Panetta, told CIA employees that "this is not the end of the road on these issues", apparently in expectation of Congressional inquiries and court actions abroad. He promised legal and financial help for any CIA employees who faced such action.
  • In Spain, the chances of court action against six senior Bush administration members over the torture receded today after a ruling by the attorney-general, Candido Conde-Pumpido.He said that any such action should be heard in a US court rather than a Spanish one, and that he would not allow Spain's legal system to be used as a plaything for political ends.
  • In the first of the memos, dated 1 August 2002, the justice department gave the go-ahead to John Rizzo, then acting general counsel to the CIA, for operatives to move to the "increased pressure phase" in interrogating an al-Qaida suspect.
  • Obama, in a statement from the White House, said: "In releasing these memos, it is our intention to assure those who carrying out their duties relying in good faith upon the legal advice from the department of justice that they will not be subject to prosecution."
Argos Media

Interrogation Memos Detail Harsh Tactics by the C.I.A. - NYTimes.com - 0 views

www.nytimes.com/...17detain.html

US Torture CIA ACLU Dennis Blair Leon Panetta Jay Bybee Office of Legal Counsel Abu Zubaydah John Yoo

shared by Argos Media on 17 Apr 09 - Cached
  • The Justice Department on Thursday made public detailed memos describing brutal interrogation techniques used by the Central Intelligence Agency, as President Obama sought to reassure the agency that the C.I.A. operatives involved would not be prosecuted.
  • In dozens of pages of dispassionate legal prose, the methods approved by the Bush administration for extracting information from senior operatives of Al Qaeda are spelled out in careful detail — like keeping detainees awake for up to 11 straight days, placing them in a dark, cramped box or putting insects into the box to exploit their fears.
  • The interrogation methods were authorized beginning in 2002, and some were used as late as 2005 in the C.I.A.’s secret overseas prisons.
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  • Some senior Obama administration officials, including Attorney General Eric H. Holder Jr., have labeled one of the 14 approved techniques, waterboarding, illegal torture.
  • The United States prosecuted some Japanese interrogators at war crimes trials after World War II for waterboarding and other methods detailed in the memos.
  • Together, the four memos give an extraordinarily detailed account of the C.I.A.’s methods and the Justice Department’s long struggle, in the face of graphic descriptions of brutal tactics, to square them with international and domestic law. Passages describing forced nudity, the slamming of detainees into walls, prolonged sleep deprivation and the dousing of detainees with water as cold as 41 degrees alternate with elaborate legal arguments concerning the international Convention Against Torture.
  • The documents were released with minimal redactions, indicating that President Obama sided against current and former C.I.A. officials who for weeks had pressed the White House to withhold details about specific interrogation techniques.
  • Leon E. Panetta, the C.I.A. director, had argued that revealing such information set a dangerous precedent for future disclosures of intelligence sources and methods.
  • A more pressing concern for the C.I.A. is that the revelations may give new momentum to proposals for a full-blown investigation into Bush administration counterterrorism programs and possible torture prosecutions.
  • Mr. Obama said that C.I.A. officers who were acting on the Justice Department’s legal advice would not be prosecuted, but he left open the possibility that anyone who acted without legal authorization could still face criminal penalties. He did not address whether lawyers who authorized the use of the interrogation techniques should face some kind of penalty.
  • Mr. Obama condemned what he called a “dark and painful chapter in our history” and said that the interrogation techniques would never be used again. But he also repeated his opposition to a lengthy inquiry into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.”
  • The four legal opinions, released in a Freedom of Information Act lawsuit filed by the A.C.L.U., were written in 2002 and 2005 by the Justice Department’s Office of Legal Counsel, the highest authority in interpreting the law in the executive branch.
  • The first of the memos, from August 2002, was signed by Jay S. Bybee, who oversaw the Office of Legal Counsel, and gave the C.I.A. its first detailed legal approval for waterboarding and other harsh treatment.
  • Three others, signed by Steven G. Bradbury, sought to reassure the agency in May 2005 that its methods were still legal, even when multiple methods were used in combination, and despite the prohibition in international law against “cruel, inhuman or degrading” treatment.
  • All legal opinions on interrogation were revoked by Mr. Obama on his second day in office, when he also outlawed harsh interrogations and ordered the C.I.A.’s secret prisons closed.
  • They recounted the C.I.A.’s assertions of the effectiveness of the techniques but noted that interrogators could not always tell a prisoner who was withholding information from one who had no more information to offer.
  • The memos include what in effect are lengthy excerpts from the agency’s interrogation manual, laying out with precision how each method was to be used. Waterboarding, for example, involved strapping a prisoner to a gurney inclined at an angle of “10 to 15 degrees” and pouring water over a cloth covering his nose and mouth “from a height of approximately 6 to 18 inches” for no more than 40 seconds at a time.
  • But a footnote to a 2005 memo made it clear that the rules were not always followed. Waterboarding was used “with far greater frequency than initially indicated” and with “large volumes of water” rather than the small quantities in the rules, one memo says, citing a 2004 report by the C.I.A.’s inspector general.
  • Most of the methods have been previously described in news accounts and in a 2006 report of the International Committee of the Red Cross, which interviewed 14 detainees. But one previously unknown tactic the C.I.A. proposed — but never used — against Abu Zubaydah, a terrorist operative, involved exploiting what was thought to be his fear of insects.
  • “As we understand it, you plan to inform Zubaydah that you are going to place a stinging insect into the box, but you will actually place a harmless insect in the box, such as a caterpillar,” one memo says.
  • Dennis C. Blair, the director of national intelligence, cautioned that the memos were written at a time when C.I.A. officers were frantically working to prevent a repeat of the Sept. 11, 2001, attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” said Mr. Blair in a written statement. “But we will absolutely defend those who relied on these memos.”
Pedro Gonçalves

NSA collecting phone records of millions of Verizon customers daily | World news | The ... - 0 views

www.guardian.co.uk/...ne-records-verizon-court-order

US Privacy NSA FISA

shared by Pedro Gonçalves on 07 Jun 13 - No Cached
  • The National Security Agency is currently collecting the telephone records of millions of US customers of Verizon, one of America's largest telecoms providers, under a top secret court order issued in April.The order, a copy of which has been obtained by the Guardian, requires Verizon on an "ongoing, daily basis" to give the NSA information on all telephone calls in its systems, both within the US and between the US and other countries.The document shows for the first time that under the Obama administration the communication records of millions of US citizens are being collected indiscriminately and in bulk – regardless of whether they are suspected of any wrongdoing.The secret Foreign Intelligence Surveillance Court (Fisa) granted the order to the FBI on April 25, giving the government unlimited authority to obtain the data for a specified three-month period ending on July 19.Under the terms of the blanket order, the numbers of both parties on a call are handed over, as is location data, call duration, unique identifiers, and the time and duration of all calls. The contents of the conversation itself are not covered.
  • The unlimited nature of the records being handed over to the NSA is extremely unusual. Fisa court orders typically direct the production of records pertaining to a specific named target who is suspected of being an agent of a terrorist group or foreign state, or a finite set of individually named targets.
  • The order, signed by Judge Roger Vinson, compels Verizon to produce to the NSA electronic copies of "all call detail records or 'telephony metadata' created by Verizon for communications between the United States and abroad" or "wholly within the United States, including local telephone calls".
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  • The court order expressly bars Verizon from disclosing to the public either the existence of the FBI's request for its customers' records, or the court order itself.
  • The information is classed as "metadata", or transactional information, rather than communications, and so does not require individual warrants to access. The document also specifies that such "metadata" is not limited to the aforementioned items. A 2005 court ruling judged that cell site location data – the nearest cell tower a phone was connected to – was also transactional data, and so could potentially fall under the scope of the order.
  • The court order appears to explain the numerous cryptic public warnings by two US senators, Ron Wyden and Mark Udall, about the scope of the Obama administration's surveillance activities.For roughly two years, the two Democrats have been stridently advising the public that the US government is relying on "secret legal interpretations" to claim surveillance powers so broad that the American public would be "stunned" to learn of the kind of domestic spying being conducted.
  • In a letter to attorney general Eric Holder last year, they argued that "there is now a significant gap between what most Americans think the law allows and what the government secretly claims the law allows.""We believe," they wrote, "that most Americans would be stunned to learn the details of how these secret court opinions have interpreted" the "business records" provision of the Patriot Act.
  • The NSA, as part of a program secretly authorized by President Bush on 4 October 2001, implemented a bulk collection program of domestic telephone, internet and email records. A furore erupted in 2006 when USA Today reported that the NSA had "been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon and BellSouth" and was "using the data to analyze calling patterns in an effort to detect terrorist activity." Until now, there has been no indication that the Obama administration implemented a similar program.These recent events reflect how profoundly the NSA's mission has transformed from an agency exclusively devoted to foreign intelligence gathering, into one that focuses increasingly on domestic communications.
Pedro Gonçalves

BBC NEWS | Americas | Guantanamo detainee arrives in NY - 0 views

news.bbc.co.uk/...8091013.stm

US Guantanamo Ahmed Ghailani Tanzania Dar es Salam Al-Qaeda

shared by Pedro Gonçalves on 09 Jun 09 - Cached
  • The first Guantanamo detainee who is to be tried in a US civilian court has arrived in New York, officials say.
  • Ahmed Ghailani has been transferred to face charges in a New York court in connection with the 1998 US embassy bombings in East Africa.
  • The BBC's Rob Watson says the case of Ahmed Ghailani is, in many ways, one of the least problematic for the administration. He was first charged in 1998 after an extensive FBI investigation and there is therefore plenty of evidence against him.
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  • The US government hopes to transfer some of the detainees to other countries but negotiations have proved difficult, particularly over the issue of whether the US is willing to also receive detainees. Congress has rejected an administration request for funding to close down Guantanamo, amid widespread opposition to bringing detainees on to the US mainland.
  • He was taken to Guantanamo with other "high value" detainees in late 2006.
  • "With his appearance in federal court today, Ahmed Ghailani is being held accountable for his alleged role in the bombing of US embassies in Tanzania and Kenya and the murder of 224 people," a statement by US Attorney General Eric Holder said.
  • According to the transcript of a closed-door hearing in March 2007, Mr Ghailani admitted delivering explosives used to blow up the US embassy in the Tanzanian city of Dar es Salaam.
  • He is alleged to have risen through the ranks of al-Qaeda to become a bodyguard of Osama Bin Laden.
Argos Media

Bush-era interrogation may have worked, Obama official says - CNN.com - 0 views

edition.cnn.com/...index.html

CIA Torture US Jay Bybee Obama Dennis Blair

shared by Argos Media on 22 Apr 09 - Cached
  • The Bush-era interrogation techniques that many view as torture may have yielded important information about terrorists, President Obama's national intelligence director said in an internal memo.
  • "High-value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qaeda organization that was attacking this country," Director of National Intelligence Dennis Blair said in a memo to personnel.
  • The memo, obtained by CNN late Tuesday, was sent around the time the administration released several memos from the previous administration detailing the use of terror interrogation techniques such as waterboarding, which simulates drowning.
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  • Obama left open the possibility of criminal prosecution Tuesday for former Bush administration officials who drew up the legal basis for aggressive interrogation techniques many view as torture. Obama said it will be up to Attorney General Eric Holder to decide whether or not to prosecute the former officials. "With respect to those who formulated those legal decisions, I would say that is going to be more a decision for the attorney general within the parameter of various laws, and I don't want to prejudge that," Obama said during a meeting with Jordan's King Abdullah II at the White House.
  • A Gallup poll in early February showed that 38 percent of respondents favored a Justice Department criminal investigation of torture claims, 24 percent favored a noncriminal investigation by an independent panel, and 34 percent opposed either. A Washington Post poll about a week earlier showed a narrow percentage of Americans in favor of investigations.
  • The author of one of the memos that authorized those techniques, then-Assistant Attorney General Jay Bybee, is now a federal appeals court judge in California. U.S. Rep. Jerry Nadler, D-New York, a senior member of the House Judiciary Committee, has called for Bybee's impeachment, while Sen. Patrick Leahy, D-Vermont, chair of the Senate Judiciary committee, called for his resignation. "If the White House and Mr. Bybee told the truth at the time of his nomination, he never would have been confirmed," Leahy said. "So actually, the honorable and decent thing for him to do now would be to resign. If he's an honorable and decent man, he will."
  • Obama reiterated his belief that he did not think it is appropriate to prosecute those CIA officials and others who carried out the interrogations in question. "This has been a difficult chapter in our history and one of [my] tougher decisions," he added. The techniques listed in memos "reflected ... us losing our moral bearings."
  • The president's apparent willingness to leave the door open to a prosecution of Bush officials seemed to contradict White House Chief of Staff Rahm Emanuel, who indicated Sunday that the administration was opposed to such an action. Obama believes "that's not the place that we [should] go," Emanuel said on ABC's "This Week."
Argos Media

US to release pictures of prisoner abuse in Iraq and Afghanistan | World news | guardia... - 0 views

www.guardian.co.uk/...ographs-abuse-iraq-afghanistan

US Torture Abu Ghraib Nancy Pelosi Harry Reid

shared by Argos Media on 25 Apr 09 - Cached
  • The Obama administration is set to intensify the torture debate by releasing scores of new pictures showing abuse of prisoners held by the US in Iraq and Afghanistan.The pictures were taken between 2001 and 2006 at detention centres other than Iraq's infamous Abu Ghraib prison, confirming that abuse was much more widespread than the US has so far been prepared to admit.
  • The Bush administration had repeatedly blocked through legal channels appeals from human rights groups for release of the pictures, which are held by the Army Criminal Investigation Division. But the Obama administration late yesterday lifted all legal obstacles and the pictures are to be published by 28 May.
  • The justice department has initially agreed to the release of 21 images of abuse at detention centres in Iraq and Afghanistan other than at Abu Ghraib and 23 other pictures. It added "the government is also processing for release a substantial number of other images". Up to 2,000 could be released.
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  • The pictures are similar to those from Abu Ghraib that in 2004 created shock around the world, caused a backlash in the Middle East and eventually led to jail sentences for the US military personnel involved.A US official said the pictures were not as bad as Abu Ghraib but "not good" either. The Abu Ghraib pictures showed Iraqi prisoners hooded, naked, posed in sexually embarrassing positions and being harassed by dogs.
  • Obama has consistently said he does not want to rake over history, fearing that it will deflect attention from his heavy domestic and foreign policy programme. But this week he opened the way for the prosecution of senior figures in the Bush administration and the establishment of a congressional inquiry.Amid the uproar this created, he has since been backing off. Both he and the Democratic leader of the Senate, Harry Reid, have signalled their unwillingness to hold a truth commission, but the Democratic leader in the House, Nancy Pelosi, appears ready to push ahead. With so much clamour for an investigation, it is almost certain that Congress will hold one, with or without the backing of the White House.
  • The release of the pictures has been sought by the American Civil Liberties Union (ACLU), a human rights organisation whose legal action forced publication of the Bush administration memos under freedom of information.
  • The pictures will increase pressure for pardons for military personnel who were punished for abuses at Abu Ghraib. Their lawyers are arguing that the Bush administration portrayed it as an isolated incident, whereas in fact it was widespread and approved at the highest levels."This will constitute visual proof that, unlike the Bush administration's claim, the abuse was not confined to Abu Ghraib and was not aberrational," said Amrit Singh, a lawyer for the ACLU.
  • The Bush administration, in blocking release of the pictures, had argued that they would create outrage but also that they would contravene the Geneva conventions obligation not to show pictures of prisoners.
  • About a quarter of a million petitions were delivered to the attorney-general, Eric Holder, yesterday calling for prosecution of Bush administration officials responsible for approving waterboarding and other harsh interrogation methods.
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