Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged 2007-orders

Rss Feed Group items tagged

Paul Merrell

The Latest European Court of Human Rights Ruling on Accountability for Torture | Just S... - 0 views

  • In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for its role in the extraordinary rendition of Egyptian cleric Osama Mustafa Hassan Nasr, better known as Abu Omar. (An English-language summary of ruling is here; the full decision, presently available only in French, is here.) The ruling not only represents a further contribution to the Strasbourg Court’s growing accountability jurisprudence, but also highlights the United States’ own failure to provide any redress to victims of the torture program that it primarily created and operated. The ECtHR’s decision in Nasr v. Italy concerns one of the most notorious instances of extraordinary rendition (i.e., the extrajudicial transfer of an individual to another country for purposes of abusive interrogation). In 2003, Nasr, who had been granted political asylum in Italy, was abducted in broad daylight from a street in Milan and taken to Aviano air base, which is operated by the US Air Force. Nasr was subsequently taken, by way of the US’s Ramstein air base in Germany, to Cairo where he was interrogated by Egyptian intelligence services. Egyptian authorities held Nasr in secret for more than a year and subjected him to repeated torture before releasing him in April 2004. Approximately 20 days after his release — and after submitting a statement to Milan’s public prosecutor describing his abuse — Nasr was rearrested and detained without charges. He was released in 2007, but prohibited from leaving Egypt.
  • The ECtHR ruling centers on Italy’s role in Nasr’s abduction in Milan, his rendition to Egypt where he faced a real risk of abuse, and its subsequent failure to conduct an effective domestic investigation or to provide any redress. The ECtHR found Italy liable for multiple violations of the European Convention on Human Rights (ECHR), including article 3 (the prohibition on inhuman or degrading treatment), article 5 (the right to liberty and security), and article 13 (the right to an adequate remedy). It ordered Italy to pay €70,000 to Nasr and €15,000 to his wife, Nabila Ghali, for the suffering and anguish caused by her husband’s enforced disappearance. The Milan public prosecutor had previously investigated and prosecuted 25 CIA officers, including the agency’s Milan station chief, Robert Seldon Lady, and seven Italian military intelligence officers, for aiding and abetting in Nasr’s abduction and rendition. The United States strenuously opposed the prosecution, warning that it would harm US-Italian relations, and the Italian government successfully challenged much of the evidence on the grounds it could jeopardize national security. The trial court convicted 22 CIA agents in absentia and gave them prison sentences of between six to nine years; a Milan appeals court upheld the convictions and overturned the acquittals of the other three US defendants. Italy’s highest court, however, overturned the conviction of five of the Italian military intelligence agents based on state secrecy grounds. The Italian government has refused to seek the extradition of the convicted US nationals. (For more details, Human Rights Watch has an excellent summary of the proceedings in Italy here.)
  • The ECtHR’s ruling in Nasr strengthens accountability by reinforcing state responsibility for participation in abuses committed during the war on terrorism. It builds on the Strasbourg Court’s prior decisions in El-Masri v. Macedonia and Al-Nashiri v. Poland/Husayn (Abu Zubaydah) v. Poland, which held Macedonia and Poland, respectively, liable for their role in CIA torture and rendition, including (in the case of Poland) for hosting a CIA black site. Nasr, together with El-Masri and al-Nashiri/Husayn, should help discourage a state’s future participation in cross-border counterterrorism operations conducted in flagrant violation of human rights guarantees. While the deterrent value of legal judgments may be uncertain, the recent line of Strasbourg Court decisions raises the costs of aiding and abetting illegal operations, even in the national security context.
  • ...2 more annotations...
  • Nasr also advances the jurisprudence surrounding a state’s duty to conduct an effective domestic investigation into torture. The Strasbourg Court noted that Italian courts had conducted a detailed investigation and that the evidence disregarded by Italy’s highest court on grounds of state secrecy had been sufficient to convict the five Italian military intelligence defendants. It further observed that because the evidence inculpating those defendants had been widely available in the press and on the Internet, the court’s invocation of state secrecy doctrine was not only unpersuasive, but designed to grant impunity to the defendants. Further, the Strasbourg Court noted that the Italian government had never sought the extradition of the convicted CIA agents. As result, the court ruled that despite the efforts of Italian investigators and judges, which had identified the responsible individuals and secured their convictions, the domestic proceedings failed to satisfy the procedural requirements of article 3 of the European Convention (prohibiting torture and other ill-treatment), due to the actions of the executive. This ruling is important because it imposes liability not only where a state takes no steps towards a genuine domestic investigation and prosecution (as in El-Masri and Al-Nashiri/Husayn), but also where efforts by a state’s judges and prosecutors are thwarted in the name of state secrecy.
  • The ECtHR’s rulings on the CIA torture program also highlight the continued absence of accountability in the United States. The US has failed both to conduct an effective criminal investigation of those most responsible for CIA torture and to provide any remedies to victims. In fact, the Obama administration has vigorously opposed the latter at every turn, invoking the same sweeping state secrecy doctrines the ECtHR rejected in El-Masri and Nasr. These rulings will likely catalyze future litigation before the Strasbourg Court and in European domestic courts as well. (Recent actions filed against Germany for its participation in US targeted killings through use of the Ramstein Air Base provide one example of such litigation.) While the ECtHR’s rulings may not spur further efforts in the United States, they reinforce the perception of the United States as an outlier on the important question of accountability for human rights violations.
Paul Merrell

The Still-Missing Evidence of Russia-gate - Consortiumnews - 0 views

  • A changing-places moment brought about by Russia-gate is that liberals who are usually more skeptical of U.S. intelligence agencies, especially their evidence-free claims, now question the patriotism of Americans who insist that the intelligence community supply proof to support the dangerous claims about Russian ‘hacking” of Democratic emails especially when some  veteran U.S. government experts say the data would be easily available if the Russians indeed were guilty. One of those experts is William Binney, a former high-level National Security Agency intelligence official who, after his 2001 retirement, blew the whistle on the extraordinary breadth of NSA surveillance programs. His outspoken criticism of the NSA during the George W. Bush administration made him the subject of FBI investigations that included a raid on his home in 2007. Even before Edward Snowden’s NSA whistleblowing, Binney publicly revealed that NSA had access to telecommunications companies’ domestic and international billing records, and that since 9/11 the agency has intercepted some 15 trillion to 20 trillion communications. Snowden has said: “I have tremendous respect for Binney, who did everything he could according to the rules.”
  • I spoke to Binney on Dec. 28 about Russia-gate and a host of topics having to do with spying and America’s expanding national security state.
  • Bernstein: Your expertise was in the Soviet Union and so you must know a lot about bugging.  Do you believe that Russia hacked and undermined our last election?  Can Trump thank Russia for the result? Binney:  We at Veteran Intelligence Professionals for Sanity (VIPS) published an article on this in July.  First of all, if any of the data went anywhere across the fiber optic world, the NSA would know.  Just inside the United States, the NSA has over a hundred tap points on the fiber lines, taking in everything.    Mark Klein exposed some of this at the AT&T facility in San Francisco. This is not for foreigners, by the way, this is for targeting US citizens.  If they wanted only foreigners, all they would have to do was look at the transatlantic cables where they surface on the coast of the United States.  But they are not there, they are distributed among the US population. Bernstein: So if, in fact, the Russians were tapping into DNC headquarters, the NSA would absolutely know about it. Binney: Yes, and they would also have trace routes on where they went specifically, in Russia or anywhere else.  If you remember, about three or four years ago, the Chinese hacked into somewhere in the United States and our government came out and confirmed that it was the Chinese who did it, and it came from a specific military facility in Shanghai.  The NSA had these trace route programs embedded by the hundreds across the US and all around the world.
  • ...3 more annotations...
  • The other data that came out from Guccifer 2.0, a download from the DNC, has been a charade.  It was a download and not a transfer across the Web.  The Web won’t manage such a high speed.  It could not have gotten across the Atlantic at that high speed.  You would have to have high capacity lines dedicated to that in order to do it. They have been playing games with us.  There is no factual evidence to back up any charge of hacking here. Bernstein: So was this a leak by somebody at Democratic headquarters? Binney: We don’t know that for sure, either.  All we know was that it was a local download.  We can likely attribute it to a USB device that was physically passed along.
  • Right now, our government is violating the first, fourth and fifth amendments in various ways.  Mueller did it, Comey did it, they were all involved in violating the Constitution.
  • Bernstein:  There seems to be a new McCarthyite operation around the Russia-gate investigation.  It appears that it is an attempt to justify the idea that Clinton lost because the Russians undermined the election. Binney: I have seen no evidence at all from anybody, including the intelligence community.  If you look at the Intelligence Community Assessment (ICA) report, they state on the first page that “We have high confidence that the Russians did this.”  But when you get toward the end of the report, they basically confess that “our judgment does not imply that we have evidence to back it up.” Bernstein:  It was initially put out that seventeen intelligence agencies found compelling evidence that the Russians hacked into our election.  You’re saying it was actually selected individuals from just three agencies.  Is there anything to the revelations that FBI agents talked about taking action to prevent Trump from becoming president? Binney: It certainly does seem that it is leaning that way, that is was all a frame-up.  It is a sad time in our history, to see the government working against itself internally. Bernstein:  I take it you are not a big supporter of Trump. Binney:  Well, I voted for him.  I couldn’t vote for a warmonger like Clinton.  She wanted to see our planes shooting down Russian planes in Syria.  She advocated for destabilizing Libya, for getting rid of Assad in Syria, she was a strong backer of the war in Iraq.
« First ‹ Previous 81 - 82 of 82
Showing 20 items per page