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Pedro Gonçalves

Germany's Spies Refuted the 2007 NIE Report - WSJ.com - 0 views

  • The Bundesnachrichtendienst (BND), Germany's foreign intelligence agency, has amassed evidence of a sophisticated Iranian nuclear weapons program that continued beyond 2003. This usually classified information comes courtesy of Germany's highest state-security court. In a 30-page legal opinion on March 26 and a May 27 press release in a case about possible illegal trading with Iran, a special national security panel of the Federal Supreme Court in Karlsruhe cites from a May 2008 BND report, saying the agency "showed comprehensively" that "development work on nuclear weapons can be observed in Iran even after 2003."
  • According to the judges, the BND supplemented its findings on August 28, 2008, showing "the development of a new missile launcher and the similarities between Iran's acquisition efforts and those of countries with already known nuclear weapons programs, such as Pakistan and North Korea."
  • It's important to point out that this was no ordinary agency report, the kind that often consists just of open source material, hearsay and speculation. Rather, the BND submitted an "office testimony," which consists of factual statements about the Iranian program that can be proved in a court of law. This is why, in their March 26 opinion, the judges wrote that "a preliminary assessment of the available evidence suggests that at the time of the crime [April to November 2007] nuclear weapons were being developed in Iran." In their May press release, the judges come out even more clear, stating unequivocally that "Iran in 2007 worked on the development of nuclear weapons."
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  • A lower court in Frankfurt refused to try the case on the grounds that it was unlikely that Iran had a nuclear program at the time of the defendant's activities in 2007, citing the NIE report as evidence. That's why the Supreme Court judges had to rule first on the question of whether that program exists at all. Having answered that question in the affirmative, the court had to rule next on the likelihood of the defendant to be found guilty in a trial. The supreme court's conclusions are unusually strong. "The results of the investigation do in fact provide sufficient indications that the accused aided the development of nuclear weapons in Iran through business dealings."
  • The case itself sheds light on how these networks function. According to the supreme court judges, the businessman has brokered "industrial machines, equipment and raw materials primarily to Iranian customers," for Iran's nuclear weapons program. According to the same decision, the defendant's business partners in Tehran "dealt with acquiring military and nuclear-related goods for Iran and used various front companies, headquartered for example in Dubai and the United Arab Emirates, to circumvent existing trade restrictions." According to the judges, Mohsen V. also tried to supply to Tehran via front companies in Dubai "Geiger counters for radiation-resistant detectors constructed especially for protection against the effects of nuclear detonations."
  • BND sources have told me that they have shared their findings and documentation with their U.S. colleagues ahead of the 2007 NIE report -- as is customary between these two allies. It appears the Americans have simply ignored this evidence despite repeated warnings from the BND.
Argos Media

Opinion: Torturing for America - SPIEGEL ONLINE - News - International - 0 views

  • The torture virus eventually infected the rest of the world, including Europe and even Germany. The double standard employed by German counterterrorism personnel when confronted with the torture practices of their US allies becomes clear in a remark Ernst Uhrlau, the head of the BND, Germany's foreign intelligence agency, made in a 2007 interview with SPIEGEL: "US officials have (…) explained to us that the information they gained from various interrogations worldwide has been instrumental in preventing further attacks and uncovering terrorist structures. So we have benefited from all this in the sense of preventing attacks and understanding the structures of the network."
  • German Interior Minister Wolfgang Schäuble also found it difficult to distance himself from the use of dirty information, saying that it was perfectly legitimate for German officials to use information foreign intelligence agencies had obtained through torture -- after all, that helped prevent terror attacks. At the same time, Schäuble was apparently unwilling to consider the possibility that this might also apply to American intelligence agencies: "The president has made it clear that there is no torture. I have no reason to question that."
  • The entire world looked the other way when the United States committed a crime that the world had previously committed itself to outlaw and punish.
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  • Under the 1984 United Nations Convention against Torture, ratified by most countries in the world, each state pledges to impose drastic penalties for the cruel treatment of prisoners -- and to ensure that not only those issuing the orders, but also the torturers themselves, are brought to justice.
  • The cruel and degrading treatment of prisoners is also banned under the Geneva Conventions. Today even US legal experts no longer question that the Geneva Conventions also apply in the war against al-Qaida and other terrorist groups. The Geneva Conventions obligate all nations to try torturers and those who issue their orders, if apprehended, or to extradite them to a country willing to do so.
  • The Bushies knew perfectly well why they withdrew the US signature from the International Criminal Court (ICC) statute. If the United States had subjected itself to the ICC statute, the court's unflinching prosecutor, Luis Moreno-Ocampo, would undoubtedly have petitioned for the issuance of arrest warrants against Bush and his cohorts long ago.
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