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Paul Merrell

Inside the Battle Over the CIA Torture Report - Bloomberg View - 0 views

  • After months of internal wrangling, the Senate Intelligence Committee is finally set to release its report on President George W. Bush-era CIA practices, which among other details will contain information about foreign countries that aided in the secret detention and interrogation of suspected terrorists. Several U.S. officials told us that the negotiations are nearly complete between the Central Intelligence Agency and the committee's Democratic staff, which prepared the classified 6,300-page report and its 600-page, soon-to-be-released declassified executive summary. Dianne Feinstein, the committee's chairman, is set to release the summary early next week. Her staff members had objected vigorously to hundreds of redactions the CIA had proposed in the executive summary. After an often-contentious process to resolve the disputes, managed by top White House officials, Feinstein was able to roll back the majority of the disputed CIA redactions.
  • Among the most significant of Feinstein’s victories, the report will retain information on countries that aided the CIA program by hosting black sites or otherwise participating in the secret rendition of suspected terrorists. The countries will not be identified by name, but in other ways, such as code names like “Country A.” This falls short of Feinstein’s original desire, which was to name the countries explicitly, but represents a big victory for the committee nonetheless. In a victory for the CIA, Feinstein reluctantly agreed to allow the redactions of the pseudonyms of agency personnel mentioned in the report. The CIA maintained that any reference to individuals working under cover that offered clues to their identities could place them in harm’s way. “We need to understand the role that particular countries played across time. Even having pseudonyms for countries in the report is important for a full accounting,” said Raha Wala, senior counsel at Human Rights First, which advocated on behalf of the report’s declassification.
  • The CIA and some Republican senators had argued that even such masked identifications could be deciphered, leading to compromised relationships with those countries’ governments. In June 2013, the top intelligence official at the State Department, Philip Goldberg, wrote a classified letter to Congress warning against the disclosure of the names of countries who had participated in the program.
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  • John Rizzo, who served as the CIA's acting general counsel during the black-site program and later wrote a memoir, "Company Man," said the agency has long fought against declassifying any information on the locations of the secret prisons overseas. "That was something we had fought for years and years," Rizzo told us. "Up to now one of the only remaining classified facts about the program was the names of countries where there were black sites." Rizzo said the concern about even referencing the locations of the black sites is that one could piece together the locations with other information that is likely to be in the final public report. One Republican Senate staffer familiar with the negotiations over the report said Feinstein's office relented on some concerns about redacting information that could identify countries hosting the black sites. "Do you scrub enough information to prevent that information from being released?" the staffer said. "It ended up as a half-step in-between, some of the stuff she wanted released and some of the information identifying the countries has been redacted."
  • There is also a risk that any information about foreign countries that aided the CIA programs, even using code names,  could be matched against public reporting that already exists to make them more identifiable. There have been news reports about cooperation by the governments of Poland,  Lithuania, Romania, Thailand and others. "Just because something is leaked doesn’t mean it’s still not secret," Rizzo said. "A national security secret is still a national security secret until the government says otherwise."
  • Originally there had been bipartisan support for the majority staff’s investigation, and the committee’s Republican staff was initially part of the investigation -- but it withdrew early in the process. Even after the Republican staff disowned the investigation, some Republican senators continued to support declassification, including John McCain and Lindsey Graham.
  • The release will not include internal CIA documents that the agency accused Feinstein’s staff of improperly removing from a CIA facility that had been set up for the investigators to work at. Feinstein said that her staff had removed the documents, including a review by Panetta, only after CIA officials tried to surreptitiously remove them from computers being used by the committee’s staff. “What was unique and interesting about the internal documents was not their classification level, but rather their analysis and acknowledgement of significant CIA wrongdoing,” Feinstein said on the Senate floor in July. “The interrogations and the conditions of confinement at the CIA detention sites were far different and far more harsh than the way the CIA had described them to us.”
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    Nations that knowingly hosted the CIA "black sites" won't be named, as though their own citizens should be deprived of that information. I still maintain that there would be no need for redacting CIA agents' names who participated in the torture if they were named in criminal complaints as they are required to be by the Convention Against Torture, which -- through the Constitution's Treaty Clause, is "the law of this land." 
Paul Merrell

Revealed: Senate report contains new details on CIA black sites | Al Jazeera America - 0 views

  • A Senate Intelligence Committee report provides the first official confirmation that the CIA secretly operated a black site prison out of Guantánamo Bay, two U.S. officials who have read portions of the report have told Al Jazeera. The officials — who spoke on condition of anonymity because the 6,600-page report on the CIA’s detention and interrogation program remains classified — said top-secret agency documents reveal that at least 10 high-value targets were secretly held and interrogated at Guantánamo’s Camp Echo at various times from late 2003 to 2004. They were then flown to Rabat, Morocco, before being officially sent to the U.S. military’s detention facility at Guantánamo in September 2006. In September 2006, President George W. Bush formally announced that 14 CIA captives had been transferred to Guantánamo and would be prosecuted before military tribunals. He then acknowledged for the first time that the CIA had been operating a secret network of prisons overseas to detain and interrogate high-value targets.
  • The Senate report, according to Al Jazeera’s sources, says that the CIA detained some high-value suspects on Diego Garcia, an Indian Ocean island controlled by the United Kingdom and leased to the United States. The classified CIA documents say the black site arrangement at Diego Garcia was made with the “full cooperation” of the British government. That would confirm long-standing claims by human rights investigators and journalists, whose allegations — based on flight logs and unnamed government sources — have routinely been denied by the CIA. The CIA and State Department declined Al Jazeera’s requests for comment. The Intelligence Committee last week voted 11 to 3 to declassify the report’s 480-page executive summary and 20 conclusions and findings, which incorporate responses from Republican members of the committee and from the CIA. The executive summary will undergo a declassification review, led by the CIA, with input from the State Department and the Office of the Director of National Intelligence, the U.S. officials said. The panel’s chairwoman, Democratic Sen. Dianne Feinstein, said in a statement last Thursday that the full 6,600-page report, with 37,000 footnotes, “will be held for declassification at a later time.”
  • Leaked details of the committee’s report have caused waves in countries like Poland, where the CIA is known to have operated a black site prison — which Polish officials continue to deny having known about. The U.S. officials who spoke to Al Jazeera said that the Senate report reveals 20 prisoners were secretly detained in Poland from 2002 to 2005. They added that Polish officials recently sought assurances from diplomats and visiting U.S. officials that the Senate report would conceal details about Poland’s role in allowing the CIA black site to be operated on Polish soil. Al Jazeera’s sources said U.S. officials reassured their Polish counterparts last year that it was almost certain that the declassified version of the report would not identify the countries that cooperated with the CIA’s detention and interrogation program.
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  • According to the Senate report, Al Jazeera’s sources said, a majority of the more than 100 detainees held in CIA custody were detained in secret prisons in Afghanistan and Morocco, where they were subject to torture methods not sanctioned by the Justice Department. Those methods are recalled by the report in vivid narratives lifted from daily logs of the detention and interrogation of about 34 high-value prisoners. The report allegedly notes that about 85 detainees deemed low-value passed through the black sites and were later dumped at Guantánamo or handed off to foreign intelligence services. More than 10 of those handed over to foreign intelligence agencies “to face terrorism charges” are now “unaccounted for” and presumed dead, the U.S. officials said. The Senate report says more than two dozen of these men designated low-value had, in fact, been wrongfully detained and rendered to other countries on the basis of intelligence obtained from CIA captives under torture and from information shared with CIA officials by other governments, both of which turned out to be false. The report allegedly singles out a top CIA official for botching a handful of renditions and outlines agency efforts to cover up the mistakes. The Senate report allegedly accuses “senior CIA officials” of lying during multiple closed-session briefings to members of Congress from 2003 to 2005 about the use of certain “enhanced” interrogation techniques. The report says an agency official lied to Congress in 2005 when he insisted the U.S. was adhering to international treaties barring cruel and degrading treatment of prisoners, the U.S. officials told Al Jazeera.
  • The report not only accuses certain CIA officials of deliberately misleading Congress; Al Jazeera’s sources say it also suggests that the agency sanctioned leaks to selected journalists about phantom plots supposedly disrupted as a result of information gained through the program in order to craft a narrative of success. The Senate report, like a 2009 Senate Armed Services Committee report (PDF), says Air Force psychologists under contract to the CIA reverse-engineered a decades-old resistance-training program taught to U.S. airmen known as survival evasion resistance escape (SERE). According to a SERE training document obtained by Al Jazeera titled “Coercive Exploitation Techniques,” Air Force personnel were taught that communist regimes used “deprivations” of “food, water, sleep and medical care” as well as “the use of threats” in order to weaken a captive’s mental and physical ability to resist interrogation. “Isolation” would be used, according to the SERE program, to deprive the “recipient of all social support” so that he develops a “dependency” on his interrogator. And “physical duress, violence and torture” are used to weaken “mental and physical ability to resist exploitation.” Ironically, perhaps, the SERE document (displayed below) notes that such techniques were used by the Soviet Union, China and North Korea to obtain false confessions.
  • Senate investigators allegedly obtained from the CIA a 2003 “business plan,” written by Air Force psychologists James Mitchell and Bruce Jessen, that contained erroneous details about the positive aspects of the enhanced interrogation program and the veracity of the intelligence its extracted from detainees. The “business plan” states that Al-Qaeda captives were “resistant” to “standard” interrogation techniques, an argument the Senate report found lacked merit because torture techniques were used before they were even questioned. Neither Jessen, who lives in Spokane, Wash., nor Mitchell, who resides in Land o’ Lakes, Fla., responded to phone calls or emails for comment. Both men are featured prominently in the Senate’s report, according to U.S. officials.
  • According to Al Jazeera’s sources, Zain Abidin Mohammed Husain Abu Zubaydah was the only captive subjected to all 10 torture techniques identified in an August 2002 Justice Department memo. But the U.S. officials said the Senate report concludes that the methods applied to Abu Zubaydah went above and beyond the guidelines outlined in that memo and were used before the memo establishing their legality was written. The Senate report allegedly adopts part of a narrative from former FBI special agent Ali Soufan, who first interrogated Abu Zubaydah at the black site and wrote in his book “The Black Banners” that Mitchell was conducting an “experiment” on Abu Zubaydah. For example, the August 2002 Justice Department legal memo authorized sleep deprivation for Abu Zubaydah for 11 consecutive days, but Mitchell kept him awake far longer, the U.S. officials said, citing classified CIA cables. Abu Zubaydah was stripped naked, strapped into a chair and doused with cold water to keep him awake. He was then interrogated and asked what he knew, at which point, his attorney told Al Jazeera, Abu Zubaydah was “psychotic” and would have admitted to anything.
  • Additionally, the report allegedly says that Abu Zubaydah was stuffed into a pet crate (the type used to transport dogs on airplanes) over the course of two weeks and routinely passed out, was shackled by his wrists to the ceiling of his cell and subjected to an endless loop of loud music. One former interrogator briefed about Abu Zubaydah’s interrogations from May to July 2002 told Al Jazeera that the music used to batter the detainee’s senses was by the Red Hot Chili Peppers. Abu Zubaydah’s attorney, Brent Mickum, hopes the Senate report’s executive summary will vindicate what he has been saying for years. “My client was tortured brutally well before any legal memo was issued,” Mickum said. He expects the report to “show that my client was a nonmember of Al-Qaeda, contrary to all of the earlier reports by the Bush administration. I am also confident that the report will show that, after he was deemed to be compliant while he was held in Thailand, that he continued to be tortured on explicit orders from the Bush administration.” The Senate report, according to Al Jazeera’s sources, says that CIA interrogators were under an enormous pressure from top agency officials, themselves under pressure from the White House, to use “enhanced” interrogation techniques to obtain information from detainees connecting Iraq and Al-Qaeda.
  • One interrogator who worked for the CIA and the U.S. military during Bush’s tenure and participated in the interrogations of two high-value CIA prisoners told Al Jazeera — speaking on condition of anonymity because he is still employed by the U.S. government — that the “enhanced” interrogation program was “nothing more than the Stanford Prison Experiment writ large.” (The 1971 Stanford University study shocked the public by demonstrating how easily people placed in authority over more vulnerable others resorted to cruelty.) “Interrogators were being pressured — You have to get info from these people,’” the interrogator told Al Jazeera. “There was no consideration that the person we were interrogating may not know. That was always seen as a resistance technique. ‘They [the detainees] must be lying!’ There was pressure on us from above to produce what they wanted. Not a single person I worked with knew how to conduct an interrogation or [had] ever conducted an interrogation.”
Paul Merrell

CIA misled on interrogation program, Senate report says - The Washington Post - 0 views

  • 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.”
  • Several officials who have read the document said some of its most troubling sections deal not with detainee abuse but with discrepancies between the statements of senior CIA officials in Washington and the details revealed in the written communications of lower-level employees directly involved.Officials said millions of records make clear that the CIA’s ability to obtain the most valuable intelligence against al-Qaeda — including tips that led to the killing of Osama bin Laden in 2011 — had little, if anything, to do with “enhanced interrogation techniques.”The report is divided into three volumes — one that traces the chronology of interrogation operations, another that assesses intelligence officials’ claims and a third that contains case studies on virtually every prisoner held in CIA custody since the program began in 2001. Officials said the report was stripped of certain details, including the locations of CIA prisons and the names of agency employees who did not hold ­supervisor-level positions.One official said that almost all of the critical threat-related information from Abu Zubaida was obtained during the period when he was questioned by Soufan at a hospital in Pakistan, well before he was interrogated by the CIA and waterboarded 83 times.Information obtained by Soufan, however, was passed up through the ranks of the U.S. intelligence community, the Justice Department and Congress as though it were part of what CIA interrogators had obtained, according to the committee report.
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  • The Senate Intelligence Committee is expected to vote Thursday to send an executive summary of the report to Obama for declassification. U.S. officials said it could be months before that section, which contains roughly 20 conclusions and spans about 400 pages, is released to the public. The report’s release also could resurrect a long-standing feud between the CIA and the FBI, where many officials were dismayed by the agency’s use of methods that Obama and others later labeled torture. CIA veterans have expressed concern that the report reflects FBI biases. One of its principal authors is a former FBI analyst,
  • “The CIA conflated what was gotten when, which led them to misrepresent the effectiveness of the program,” said a second U.S. official who has reviewed the report. The official described the persistence of such misstatements as among “the most damaging” of the committee’s conclusions.Detainees’ credentials also were exaggerated, officials said. Agency officials described Abu Zubaida as a senior al-Qaeda operative — and, therefore, someone who warranted coercive techniques — although experts later determined that he was essentially a facilitator who helped guide recruits to al-Qaeda training camps.The CIA also oversold the role of Abd al-Rahim al-Nashiri in the 2000 bombing of the USS Cole in Yemen, which killed 17 U.S. sailors. CIA officials claimed he was the “mastermind.” The committee described a similar sequence in the interrogation of Hassan Ghul, an al-Qaeda operative who provided a critical lead in the search for bin Laden: the fact that the al-Qaeda leader’s most trusted courier used the moniker “al-Kuwaiti.” But Ghul disclosed that detail while being interrogated by Kurdish authorities in northern Iraq who posed questions scripted by CIA analysts. The information from that period was subsequently conflated with lesser intelligence gathered from Ghul at a secret CIA prison in Romania, officials said. Ghul was later turned over to authorities in Pakistan, where he was subsequently released. He was killed by a CIA drone strike in 2012.
  • Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, has previously indicated that harsh CIA interrogation measures were of little value in the bin Laden hunt. “The CIA detainee who provided the most significant information about the courier provided the information prior to being subjected to coercive interrogation techniques,” Feinstein said in a 2013 statement, responding in part to scenes in the movie “Zero Dark Thirty” that depict a detainee’s slip under duress as a breakthrough moment.
  • As with Abu Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. On Sept. 22, 2003, he was flown from Kabul to a CIA black site in Romania. In 2006, he was taken to the U.S. military prison at Guantanamo Bay, Cuba. His attorneys contend that he suffered head trauma while in CIA custody. Last year, the Senate Intelligence Committee asked Baluchi’s attorneys for information about his medical condition, but military prosecutors opposed the request. A U.S. official said the request was not based solely on the committee’s investigation of the CIA program.
  • Officials said a former CIA interrogator named Charlie Wise was forced to retire in 2003 after being suspected of abusing Abu Zubaida using a broomstick as a ballast while he was forced to kneel in a stress position. Wise was also implicated in the abuse at Salt Pit. He died of a heart attack shortly after retiring from the CIA, former U.S. intelligence officials said.
Paul Merrell

WASHINGTON: CIA's use of harsh interrogation went beyond legal authority, Senate report... - 0 views

  • A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.
  • The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.
  • Some of the report’s other conclusions, which were obtained by McClatchy, include:_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters._ The agency impeded effective White House oversight and decision-making regarding the program._ The CIA actively evaded or impeded congressional oversight of the program._ The agency hindered oversight of the program by its own Inspector General’s Office.
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  • The investigation determined that the program produced very little intelligence of value and that the CIA misled the Bush White House, the Congress and the public about the effectiveness of the interrogation techniques, committee members have said.The techniques included waterboarding, which produces a sensation of drowning, stress positions, sleep deprivation for up to 11 days at a time, confinement in a cramped box, slaps and slamming detainees into walls. The CIA held detainees in secret “black site” prisons overseas and abducted others who it turned over to foreign governments for interrogation.The CIA, which contends that it gained intelligence from the program that helped identify al Qaida terrorists and averted plots against the United States, agreed with some of the report’s findings but disputed other conclusions in an official response sent to the committee in June 2013.
  • Some current and former U.S. officials and military commanders, numerous experts and foreign governments have condemned the harsh interrogation methods as violations of international and U.S. laws against torture, a charge denied by the CIA and the Bush administration.They’ve based their defense on a series of top-secret legal opinions issued by the Justice Department beginning in August 2002. At that time, the agency sought advice on whether using the harsh techniques on Zayn al Abidin Muhammad Husayn, a close aide to Osama bin Laden who went by the nom de guerre Abu Zubaydah, would violate U.S. law against torture.The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.
  • “The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.Several human rights experts said the conclusion called into question the program’s legal foundations.“If the CIA fundamentally misrepresented what it was doing and that was what led (Justice Department) lawyers to conclude that the conduct was legal, then the legal conclusions themselves were inaccurate,” said Andrea Prasow, senior national security counsel for Human Rights Watch. “The lawyers making those assessments were relying on the facts that were laid before them.”“This just reinforces the view that everyone who has said the torture program was legal has been selling a bill of goods and it’s time to revisit the entire conventional wisdom being pushed by those who support enhanced interrogation that this program was safe, humane and lawful,” said Raha Wala, a lawyer with Human Rights First’s Law and Public Safety Program.
  • Among other findings, the report said that CIA personnel used interrogation methods that weren’t approved by the Justice Department or their headquarters.The conclusion that the CIA provided inaccurate information to the Justice Department reflects the findings of a top-secret investigation of the program by the CIA Inspector General’s Office that was triggered by allegations of abuse.The CIA inspector general’s May 7, 2004, report, which was declassified, found that in waterboarding Zubaydah and Khalid Sheikh Mohammad, deemed the chief architect of the 9/11 attacks, the CIA went beyond the parameters it outlined to the Justice Department’s Office of Legal Counsel, which wrote the legal opinions.Zubaydah was waterboarded 83 times, while Mohammad underwent the procedure 183 times.Those cases clashed with the CIA’s assertion _ outlined in the now-declassified top-secret August 2002 Office of Legal Counsel opinion _ that repetition of the methods “will not be substantial because the techniques generally lose their effectiveness after several repetitions.”
  • The Office of Legal Counsel opinion stated that its finding that the harsh interrogation techniques didn’t constitute torture was based on facts provided by the CIA, and that “if these facts were to change, this advice would not necessarily apply.”The CIA inspector general’s report found that the “continued applicability of the DOJ opinion” was in question because the CIA told the Justice Department that it would use waterboarding in the same way that it was used in training U.S. military personnel to evade capture and resist the enemy. In fact, the inspector general’s report continued, the CIA used waterboarding in a “manner different” from U.S. military training.The CIA also failed to keep track of the number of individuals it captured under the program, the Senate report concluded. Moreover, it said, the agency held people who didn’t meet the legal standard for detention. The report puts that number at 26, McClatchy has learned.
  • “The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained and held individuals who did not meet the legal standard for detention,” it found. “The CIA’s claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.”“The CIA’s records were hazy, inconsistent and at times inaccurate,” said the former U.S. official.
Paul Merrell

The Torture Report and the "Glomar Fig Leaf" | Just Security - 0 views

  • Buried in the SSCI’s report is an arresting passage that suggests that the CIA was quietly releasing information about the torture program to journalists while it was contending in court that release of such information to the public would compromise national security. After the April 15, 2005 National Security Principals Committee meeting, the CIA drafted an extensive document describing the CIA’s Detention and Interrogation Program for an anticipated media campaign.  CIA attorneys, discussing aspects of the campaign involving off-the-record disclosures, cautioned against attributing the information to the CIA itself.  One senior attorney stated that the proposed press briefing was “minimally acceptable, but only if not attributed to a CIA official.”  The CIA attorney continued: “This should be attributed to an ‘official knowledgeable’ about the program (or some similar obfuscation), but should not be attributed to a CIA or intelligence official.”
  • Referring to CIA efforts to deny Freedom of Information Act (FOIA) requests for previously acknowledged information, the attorney noted that, “[o]ur Glomar fig leaf is getting pretty thin.”  Another CIA attorney noted that the draft “makes the [legal] declaration I just wrote about the secrecy of the interrogation program a work of fiction.” The reference to the “Glomar fig leaf” related to an argument the CIA was making in ACLU litigation that was pending before Judge Alvin K.  Hellerstein in the Southern District of New York.  In connection with Freedom of Information Act requests we’d filed in October 2003 and June 2004, we were seeking, among other things, three documents we’d learned of from media reports: the Memorandum of Notification (MON) in which President Bush had authorized the CIA to establish black sites overseas, and two memos in which lawyers from the Office of Legal Counsel had concluded that CIA interrogators could lawfully torture prisoners in their custody.  The CIA responded with a “Glomar” response—it argued that the existence or non-existence of the three documents was a properly classified fact. 
  • As the SSCI report makes clear, CIA lawyers didn’t really believe what the agency was saying in its sworn declarations.  They understood that the sworn declarations the agency was filing in federal court were “work[s] of fiction.”  The agency was telling the courts that nothing could be disclosed about its torture program without compromising national security, but at the same time, it was providing quotations and “facts” to the media in order to persuade the public that its activities were lawful, necessary and effective. If all of this sounds familiar, it’s because the CIA is now doing precisely the same thing with respect to the targeted-killing program. To the courts, the CIA says that any disclosure about the program will gravely compromise national security.  To the media, it supplies a continuous stream of cherry-picked facts meant to cast the program in the most favorable light.
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  • The SSCI report makes clear that some CIA lawyers were uncomfortable with the chasm between the agency’s representations to the court in the torture FOIA litigation and the agency’s actual conduct.  According to the SSCI, some CIA lawyers “urged that CIA leadership … ‘confront the inconsistency’ between CIA court declarations ‘about how critical it is to keep this information secret’ and the CIA ‘planning to reveal darn near the entire” program.’” Presumably those lawyers were worried about the possibility that a court would sanction the agency’s declarants; perhaps they were also worried about compliance with their own professional obligations. One wonders whether the CIA’s lawyers are worried about the same things today.
Paul Merrell

'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Pro... - 0 views

  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
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    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
Paul Merrell

CIA's Self-Authorization for Ice-Drowning Human Beings | emptywheel - 0 views

  • The WaPo has a story that repeats what I’ve been harping on for over a year (and in some cases, has been clear even longer): the Senate Torture Report shows that CIA repeatedly lied to Congress. There are, however, ugly new details about the torture (though it’s not clear whether they show up in the report): particularly regarding the treatment of Ammar al-Baluchi. If declassified, the report could reveal new information on the treatment of a high-value detainee named Ali Abdul Aziz Ali, the nephew of Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11 attacks. The Pakistanis captured Ali, known more commonly as Ammar al-Baluchi, on April, 30, 2003, in Karachi and turned him over to the CIA about a week later. He was taken to a CIA black site called “Salt Pit” near Kabul. At the secret prison, Baluchi endured a regime that included being dunked in a tub filled with ice water. CIA interrogators forcibly kept his head under the water while he struggled to breathe and beat him repeatedly, hitting him with a truncheon-like object and smashing his head against a wall, officials said. As with Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. The report notes that two other prisoners — members of the Libyan Islamic Fighting Group — were subjected to similar treatment at the same time.
  • Two other terrorism suspects, from Libya — Mohammed al-Shoroeiya and Khalid al-Sharif — endured similar treatment at Salt Pit, according to Human Rights Watch. One of the men said CIA interrogators “would pour buckets of very cold water over his nose and mouth to the point that he felt he would suffocate. Icy cold water was also poured over his body. He said it happened over and over again,” the report says. CIA doctors monitored their body temperatures so they wouldn’t suffer hypothermia. Ultimately, CIA got DOJ to authorize “water dousing” — in the manner that CIA always got DOJ to approve mere shadows of what they actually did, and the approval more closely matches the description of the LIFG prisoners — in the Bradbury Techniques Memo (see page 10). But not before it got used over and over at the Salt Pit (the same place where water dousing had already contributed to Gul Rahman’s death). Which is, I’m quite certain, one thing that CIA was doing with the Legal Principles document, a set of legal guidelines the CIA wrote for itself (with John Yoo’s freelance help) as the CIA’s legal problems started to mount. As I’ve noted, the first draft of the memos got hand-carried to John Yoo on April 28, 2003, just as these detainees were in the Salt Pit. There were several more discussions internally at CIA in anticipation of litigation before they tried (unsuccessfully) to create a fait accompli with Pat Philbin on June 16, 2003. At that point, the document only generally approved techniques equivalent to those already approved. As CIA would later explain,
  • We rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques. For example, using the applicable law and relying on OLC’s guidance, we concluded that the abdominal slap previously discussed with OLC (and mentioned in the June 2003 summary points) is a permissible interrogation technique. Similarly, in addition to the sitting and kneeling stress positions discussed earlier with OLC, the Agency has added to its list of approved interrogation techniques two standing stress positions involving the detainee leaning against a wall. I guess, in similar fashion, John Yoo and his CIA buddies believe ice-drowning is equivalent, as another kind of simulated drowning, to waterboarding, which had been approved? Then the next year, when Scott Muller tried the same trick with Jack Goldsmith — trying to get him to sign off on the techniques CIA had freelanced its own legal opinion — he asked to include water dousing (and another water-based technique and one still-redacted technique) explicitly. Of course, the description of water dousing fell far short of what the CIA was actually doing — dunking men in ice-water repeatedly — though the outlines, especially the concern about detainees ingesting water and hypothermia — show the outlines of the torture such language was meant to gloss. To understand the CIA’s torture program, you have to understand what these bureaucratic maneuvers were meant to cover. Now we know they were intended to authorize controlled drowning of men in ice water.
Paul Merrell

Polish Outrage to Paying Victims of CIA Black Sites-and What the Eur Court Said | Just ... - 0 views

  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • Poland will be paying a quarter of a million dollars to two Guantánamo detainees, Abu Zubaydah and Abd al-Rahim al-Nashiri. The payment arises in the context of the torture of the terror suspects at a CIA “black site” operating on Polish territory. Last July, the European Court of Human Rights handed down its much-awaited judgments in the cases of Abd al-Rahim al-Nashiri v. Poland and Husayn (Abu Zubaydah) v. Poland in relation to Poland’s involvement in the CIA rendition, detention and interrogation program. The Court ruled that Poland violated the substantive and procedural aspects of the detainees’ right to be free from torture or inhuman or degrading treatment or punishment (Article 3, European Convention on Human Rights). The Court also found violations of, among other rights, Articles 5 (liberty and security), 8 (private and family life), and 13 (effective remedy) of the ECHR. The Court ordered the Polish government to pay €130,000 to Zubaydah and €100,000 to al-Nashiri, within three months from when the judgments become final. Poland appealed the ruling, but the request was rejected by a Grand Chamber panel on February 16, making last weekend the deadline for the payments. The Polish Foreign Ministry said on Friday that it was processing the payments, AP’s Vanessa Gera reported.
  • But the Court took a different, more robust view and found significant responsibility on part of the Polish government. The Court held (my emphasis added): “517. … Notwithstanding the [Article 3] Convention obligation, Poland, for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it from occurring. As the Court has already held above, on the basis of their own knowledge of the CIA activities deriving from Poland’s complicity in the [High-Value Detainees Program] Programme and from publicly accessible information on treatment applied in the context of the “war on terror” to terrorist suspects in US custody the authorities – even if they did not witness or participate in the specific acts of ill-treatment and abuse endured by the applicant – must have been aware of the serious risk of treatment contrary to Article 3 occurring on Polish territory.”
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  • The ruling, which predated the publication of the redacted version of the Senate Intelligence Committee report on the CIA program, brought important judicial scrutiny to the agency’s post-9/11 practices, including the controversial role played by U.S. allies. The Senate report has since provided some further details about Poland’s involvement, although the country is not identified by name. The AP report notes the frustration of those in Poland who view the ruling as unjustifiably punishing the country for CIA actions. An opposition Polish lawmaker has recorded his discontent, stating that the terror suspects remained in the sole custody of U.S. officials throughout their detention. Former Foreign Minister Radoslaw Sikorski has similarly been quoted by the LA Times’ Carol Williams as saying:  “We might have to pay compensation even though our personnel did nothing wrong. You can imagine how Polish people feel about it … We just wish that intelligence matters were kept confidential.”
  • While some in Poland are expressing their exasperation with the Court’s ruling, the issue of compensation has sparked equal outrage among some in the United States who do not believe that suspects of terrorist attacks should receive payments, as noted by the AP. The controversy over compensation comes just as the U.S. faces renewed calls from some European and other countries to compensate victims of CIA torture. At the UN Human Rights Council last week, the Universal Periodic Review report on the United States documented other UN member states’ objections to U.S. practices.
  • Meanwhile, in Europe, more judgments are pending on this subject, including two involving the same detainees (see: Abu Zubaydah v. Lithuania and Al Nashiri v. Romania). While accountability within the U.S. still seems like a pipe dream, the European Court of Human Right’s more robust approach perhaps offers the only means of securing reparation for human rights abuses committed as part of the “war on terror.” The Court’s approach may also help to educate European citizens on the nature of complicity in grave human rights abuses. By calling for compensation, the Court has also served to weaken the forms of international cooperation that foster such violations in the first place.
Paul Merrell

CIA 'tortured al-Qaeda suspects close to the point of death by drowning them in water-f... - 0 views

  • The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph. The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA. “They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.” The account of extreme CIA interrogation comes as the US Senate prepares to publish a declassified version of its so-called Torture Report – a 3,600-page report document based on a review of several million classified CIA documents.
  • A second source who is familiar with the Senate report told The Telegraph that it contained several unflinching accounts of some CIA interrogations which – the source predicted – would “deeply shock” the general public. Dianne Feinstein, the Democrat chair of the Senate Intelligence Committee that authored the report has promised that it will expose “brutality that stands in stark contrast to our values as a nation”. The Senate report is understood to accuse the CIA of lying and of grossly exaggerating the usefulness of torture. It is being angrily opposed by many senior Republicans, former CIA operatives and Bush-era officials, including the former US vice president Dick Cheney, who argue that is it poorly researched and politically motivated. The CIA has previously admitted that it used black sites to subject at least three high-value al-Qaeda detainees to “enhanced interrogation” – namely Mohammed, the alleged USS Cole bomber Abd al Rahim al Nashiri and alleged senior Bin Laden aide Abu Zubaydah.
  • The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph. The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA. “They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.”
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    If this report is accurate, there are some CIA types desperately in need of being confined to a prison for the rest of their lives, as well as all superiors who knew of it but did not act to stop it. They need to be removed from humanity's gene pool. And for my money, anyone who was tortured should be set free and paid hefty damages. 
Paul Merrell

Revealed: Inside the Senate report on CIA interrogations | Al Jazeera America - 0 views

  • 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.
  • Even before accessing the documents, committee staffers received crucial information in a briefing from former FBI agent Ali Soufan in early 2008, according to Al Jazeera’s sources. Soufan — who now runs a private security and intelligence consultancy — told the staffers that he had kept meticulous notes about the methods used by a psychologist under CIA contract to interrogate Abu Zubaydah at a CIA black site in Thailand after his capture in Pakistan in March of 2002. Soufan's account, the staffers say, shows that torture techniques were used on Abu Zubaydah even before some had been sanctioned as permissible by the Bush administration.
  • Two Senate staffers told Al Jazeera that the Panetta documents question the Bush administration claims about the efficacy of Abu Zubaydah’s torture, and the staffers noted that some of the techniques to which he was subjected early in his captivity had not yet been authorized.
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  • Soufan described his briefing of Intelligence Committee researchers in his memoir, “The Black Banners.” “In early 2008, in a conference room that is referred to as a sensitive compartmented information facility (SCIF), I gave a classified briefing on Abu Zubaydah to staffers of the Senate Select Committee on Intelligence,” Soufan wrote. “The staffers present were shocked. What I told them contradicted everything they had been told by Bush administration and CIA officials. When the discussion turned to whether I could prove everything I was saying, I told them, ‘Remember, an FBI agent always keep his notes.’ ”  The committee tried to gain access to Soufan’s notes — then in possession of the CIA and FBI — after it launched a review of the agency’s detention and interrogation program in 2009. But Senate investigators were told, according to Al Jazeera’s sources, that Soufan’s notes were missing and could not be found in either the FBI’s or CIA’s computer system, where other classified records about the interrogation program were stored. More than a year later, the notes ended up with the Senate Intelligence Committee, although it's not clear whether they were turned over to committee investigators by the CIA or FBI or if they were in the cache of documents taken by investigators from the secure facility in Northern Virginia in 2010, which Senate staffers refer to as the Panetta review.
  • A few weeks before the 2009 announcement of the Senate Intelligence Committee’s investigation, Abu Zubaydah’s attorney Brent Mickum was invited to meet with committee staffers in a secure conference room in the Senate Hart Office Building in Washington. Mickum recalled in an interview with Al Jazeera that committee staffers were interested in Abu Zubaydah’s recollections. “The committee was talking about torture and whether it was effective,” Mickum said. “I was able to relate to them what Abu Zubaydah told me. We talked about where he was tortured. I told them where we thought he was. I told them that the government confirmed he was never a member of Al-Qaeda. The drawings were then passed around the room.” Mickum and his co-counsel, Amy Jacobsen, presented to the committee staffers a set of ink drawings on yellow legal paper marked top secret by the CIA. Abu Zubaydah, they said, made the sketches to depict his torture and the torture of two other high-value detainees. One of the highly detailed drawings, according to knowledgeable intelligence officials, depict Abu Zubaydah being waterboarded. 
  • Senate staffers told Al Jazeera that Abu Zubaydah’s drawings were used in the report’s narrative but that the CIA objected to including copies of the images as exhibits.
  • When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.” But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation. Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation.
  • Chris Anders, senior legislative counsel for the American Civil Liberties Union, told Al Jazeera he's not surprised by the CIA's response, because many of those involved in the creation of the interrogation program still work at the agency and may fear being placed in legal jeopardy.  “Whatever is in the report is big enough and significant enough that the CIA has fought tooth and nail to keep it buried,” Anders said. “If what comes out in this report is as bad as some senators have said, it’s going to require a broader and deeper discussion about what took place, and it will be up to the president and Congress to lead the country through it, figure out what it means and how we need to respond to clean it up.”
Paul Merrell

Pentagon: 9/11 defense team linguist was CIA asset | The Miami Herald The Miami Herald - 0 views

  • The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.
  • Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”
  • Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.
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  • “We will be filing motions for discovery regarding the former CIA interpreter utilized by Mr. Bin al Shibh’s defense team,” said attorney Cheryl Bormann, defending the alleged terror trainer Walid bin Attash, 36, who she said was shaken at seeing someone from a black site.Bormann also said she would be seeking a court order from Judge Pohl similar to the one Pohl styled after disclosure that FBI agents were investigating and questioning members of the 9/11 defense team: Instructing the defense team members to disclose if they worked for the CIA or a CIA contractor, absolving them of any Non Disclosure Order they signed with the CIA.“If people aren’t truthful about their background,” Bormann said, “there’s really no way for us to determine whether or not they are inappropriately assigned to our team.”
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    So, it sounds like the CIA was trying to sneak an agent who understands Arabic into the GITMO defendants' defense team. This, after the FBI was caught interrogating a defense team member. Time to dismiss the charges and free the defendants, I think. These men can't get a fair trial. 
Paul Merrell

​CIA lied about torture's effectiveness, according to unreleased Senate repor... - 0 views

  • A Senate report found that CIA officials lied to the government and public about its post-9/11 torture program, most notably by distorting intelligence gleaned from traditional interrogations as that attained by far more brutal methods. The Washington Post reported Monday that the Senate Intelligence Committee’s report outlines a long list of “unsubstantiated claims” from CIA officials in the agency’s pursuit of a global torture regime that resulted in little, if any, substantive intelligence, according to US 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 US official briefed on the report. “Was that actually true? The answer is ‘no’.”
  • Officials told the Post that some of the most damning findings in the Committee’s report pertain to differences between statements senior CIA officials in Washington have made as opposed to written notes from CIA employees involved in the interrogations. According to the Post’s anonymous sources, millions of records make clear that the CIA was able to obtain most of its valuable intelligence against Al-Qaeda, including the whereabouts of Osama bin Laden, without use of so-called “enhanced interrogation techniques.” As has been reported elsewhere, intelligence gathered from a detainee known as Abu Zubaydah was obtained by FBI sources, mainly agent Ali Soufan, in a hospital in Pakistan, before the CIA waterboarded Zubaydah 83 times. Yet Soufan’s work was passed through US intelligence sources as though it was part of CIA interrogators’ work, the Committee’s report found. “The CIA conflated what was gotten when, which led them to misrepresent the effectiveness of the program,” said another US official who has access to the report. The officials described the continued repetition of these misstatements as “the most damaging” of the Committee’s conclusions.
  • In addition, the report found that detainees’ credentials were often distorted. Zubaydah, for example, was called a senior Al-Qaeda operative, yet experts later found him to be a simple facilitator who would guide recruits to Qaeda training camps. Likewise, Abd Al-Rahim Al-Nashiri was called “mastermind” by CIA officials of the 2000 bombing of the USS Cole in Yemen, yet the title was found to be an overstatement. An Al-Qaeda operative, Hassan Ghul, who provided critical insight into finding Osama bin Laden had offered his most critical intelligence during an interrogation with Kurdish authorities in northern Iraq, not during his later stint in a black site prison in Romania, officials said.
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  • The Committee is expected to vote Thursday to send an executive summary of the report to President Obama for eventual declassification.
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    "The Committee is expected to vote Thursday to send an executive summary of the report to President Obama for eventual declassification." Looks like a deal has been struck. Only an "executive summary," not the full report. 
Paul Merrell

European Parliament Calls for Investigation of Secret CIA Torture Sites - 0 views

  • The European Parliament on Wednesday condemned the “apathy shown by member states and EU institutions” over torture in secret CIA prisons in Europe. A non-binding resolution, which passed 329-299, urged member states to “investigate, insuring full transparency, the allegations that there were secret prisons on their territory in which people were held under the CIA programme.” It also called on the European Union to undertake fact-finding missions into countries that were known to house American black sites. The resolution named Lithuania, Poland, Italy, and the United Kingdom as countries complicit in CIA operations. The Parliament also expressed “regret” that none of the architects of the U.S. torture program faced criminal charges, and that the U.S. has failed to cooperate with European criminal probes.
  • Despite banning torture when he came into office, President Obama has fought all attempts to hold Bush administration officials accountable, including by invoking the state secrets privilege to block lawsuits and delaying the release of the Senate Torture Report. When it was made public in 2014, the executive summary of the 6,000-page report confirmed that Poland’s former president, Aleksander Kwasniewski, signed off on the use of a CIA black site in the country, though he denied knowledge of torture. The European Court of Human Rights later issued an unprecedented ruling requiring Poland to pay $262,000 in reparations to two Guantánamo inmates who were tortured in Poland. While Obama continues to “look forward, not back,” victims of U.S. torture are increasingly looking to international courts for justice.
  • The European Parliament’s resolution requested that the European Commission and European Council produce a report on member states’ investigations and prosecutions by the end of June. In April, a federal judge ruled that survivors of CIA torture could sue the two psychologists who designed the CIA’s torture techniques. The case marks the first time a torture-related lawsuit against CIA employees will go to trial.
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo d... - 0 views

  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
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    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Paul Merrell

CIA Documents Expose the Failed Torture Methods Used on Guantanamo's Most Famous Detain... - 0 views

  • It is early on in Abu Zubaydah’s time at a CIA black site. He insists to his interrogators that he has no additional information on jihadist operations planned against the US, but his captor won’t stop slapping him. Eventually a hood is placed over Zubaydah's head and he is placed into a confinement box by unseen security officers. He is told this is his new home until he’s prepared to provide information on operations against the US.Several physically stressful hours in the confinement box fail to elicit any intelligence, so Zubaydah’s captors place him in an even smaller box. He makes painful groans and is forced to scoot out of the box on his hindquarters when he’s finally allowed out. He is immediately made to stand and backed up against a wall. Two interrogators begin to double-team him with rapid-fire questions. Zubaydah is told that if he does not cooperate, he will only bring more misery on himself. Again he denies having any additional knowledge, but this time, he isn’t slapped. Instead, Zubaydah is hooded and a water board is brought into the cell.Zubaydah is the first post-9/11 detainee to be waterboarded, and this is his first session. He coughs and vomits. The waterboarding lasts for over two hours, but he still insists he does not have any additional information beyond that which he already provided to the FBI. He is then put into the larger confinement box, where he spends the rest of the evening. The interrogation process resumes in the morning: more slapping, zero new information, and more time in the smaller box.This was a summary of CIA documents obtained by AlterNet’s Grayzone Project. The records were originally obtained by Zubaydah’s defense team through the discovery process and were provided to me by a source familiar with the case who considered their publication critical to the public’s understanding of Zubaydah’s treatment. The vast majority of the documents have not been available to the public prior to this story.
  • As clinically detailed as they are gut-wrenching, the documents comprise hundreds of pages on the interrogation of Zubaydah, perhaps Guantanamo Bay’s most famous detainee. The files revealed here have renewed significance as Zubaydah has decided to testify about conditions at Guantanamo Bay despite the likelihood that it will imperil his legal situation. The records also highlight the methods of psychologist James Mitchell, a top architect of the CIA’s “enhanced interrogation program.” Though Mitchell had previously worked as an Air Force psychologist, the Senate “Torture Report” noted that he had no prior experience as an interrogator. Mitchell’s private contracting company had received over $80 million from the CIA by the time their contract was terminated in 2009. The contract was terminated because, as the CIA Inspector General put it, there was no reason to believe Mitchell’s interrogation techniques were effective or even safe.Mitchell and the US government originally believed Zubaydah to be a top leader of Al Qaeda who had knowledge of imminent plots against the US; however, the government would later concede that Zubaydah was never an Al Qaeda leader but still contend that he poses a threat. According to the US government, Zubaydah "possibly" knew in advance about the bombing of the USS Cole in 2000 and attacks on American embassies in Africa in 1998.After his capture in Pakistan in 2002, Zubaydah was held in CIA black sites for four years where he was subjected to extended torture so intense he lost his left eye. Following his first waterboarding, he was subjected to the same form of torture 82 times. It is unclear the brutal methods applied to Zubaydah’s body elicited any valuable intelligence.
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    In our name, they did this ...
Paul Merrell

Files on UK role in CIA rendition accidentally destroyed, says minister | World news | ... - 0 views

  • The British government's problems with missing files deepened dramatically when the Foreign Office claimed documents on the UK's role in the CIA's global abduction operation had been destroyed accidentally when they became soaked with water.In a statement that human rights groups said "smacked of a cover-up", the department maintained that records of post-9/11 flights in and out of Diego Garcia, the British territory in the Indian Ocean, were "incomplete due to water damage".The claim comes amid media reports in the US that a Senate report due to be published later this year identifies Diego Garcia as a location where the CIA established a secret prison as part of its extraordinary rendition programme. According to one report, classified CIA documents state that the prison was established with the "full cooperation" of the UK government.
  • Ministers of successive governments have repeatedly given misleading or incomplete information about the CIA's use of Diego Garcia. In February 2008, the then foreign secretary, David Miliband, was forced to apologise to MPs and explain that Tony Blair's "earlier explicit assurances that Diego Garcia had not been used for rendition flights" had not been correct. Miliband said at this point that two rendition flights had landed, but that the detainees on board had not disembarked.Miliband's admission was made after human rights groups produced irrefutable evidence that aircraft linked to the rendition programme had landed on Diego Garcia. Since then, far more aircraft have been shown to have been involved in the operation.The "water damage" claim was given in response to a parliamentary question by the Tory chair of the Treasury select committee, Andrew Tyrie, who has been investigating the UK's involvement in the rendition programme for several years.
  • The British government is particularly sensitive about the allegations that Diego Garcia hosted one of the CIA's prisons, at times claiming that it knows only that which it is told by Washington. Although the island has operated as a US military base since the islanders were evicted in the 1960s, it remains a British territory, and its use during the rendition programme would have placed the UK in breach of a raft of international and domestic laws.Belhaj and his wife are suing MI6, the agency's former head of counter-terrorism Sir Mark Allen and Jack Straw, who was foreign secretary at the time that the couple were abducted.Last month, the Commons cross-party defence committee suggested that information about the extent to which the CIA used the island as a "black site" to transfer detainees was still being withheld. "Recent developments have once again brought into question the validity of assurances by the US about its use of Diego Garcia," it said.The committee warned that it will assess the implications for Britain and for "public confidence" in its previous statements on US use of Diego Garcia, and said the US should not in future be permitted to use the island, to transfer terror suspects, for combat operations, "or any other politically sensitive activity", without the explicit authorisation from the UK government.
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  • Although Miliband told MPs that detainees had not been held on Diego Garcia, others have contradicted this assertion.Manfred Nowak, as United Nations special rapporteur on torture, said he had received "credible evidence from well-placed sources familiar with the situation on the island" that CIA detainees had been held there between 2002 and 2003.General Barry McCaffrey, a former head of Southcom, the US military's southern command, has twice stated publicly that Diego Garcia has been used by the US to hold prisoners, saying in one radio interview in May 2004: "We're probably holding around 3,000 people, you know, Bagram air field, Diego Garcia, Guantánamo, 16 camps throughout Iraq."In 2003, Time magazine quoted "a regional intelligence official" as saying that a man accused of plotting the 2002 Bali nightclub bombing was being interrogated on Diego Garcia. Five years later the magazine reported that a CIA counter-terrorism official said a high-value prisoner or prisoners were being held and interrogated on the island.In August 2008, the Observer reported that former US intelligence officers "unofficially told senior Spanish judge Baltasar Garzón that Mustafa Setmarian, a Spanish-based Syrian accused of running terrorist training camps in Afghanistan, was taken to Diego Garcia in late 2005 and held there for months".
Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
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  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
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    So finally the locations of at least some of the CIA "black sites" are out in the open. 
Paul Merrell

WikiLeaks - NSA Helped CIA Outmanoeuvre Europe on Torture - 0 views

  • Central to today's publication is a Top Secret NSA intercept of the communications of Foreign Minister Steinmeier. The intercept dates from just after an official visit to the United States on 29 November 2005, where FM Steinmeier met his US counterpart, Secretary of State Condoleezza Rice. According to the intercept, Steinmeier "seemed relieved that he had not received any definitive response from the U.S. Secretary of State regarding press reports of CIA flights through Germany to secret prisons in eastern Europe allegedly used for interrogating terrorism suspects." The visit occurred in the context of an escalating and ongoing scandal in Europe over clandestine "rendition flights" conducted by the Central Intelligence Agency (CIA) using the airspace and airport facilities of cooperating European countries, in which it was alleged by leading news publications that European citizens and residents had been abducted outside of any legal process and taken to secret "black site" prisons, where they could be tortured with impunity. After the scandal emerged, European governments defied their publics, continuing to cooperate with the United States while denying all knowledge of rendition flights. These denials relied heavily on the insistence of European governments that they had received confidential "diplomatic assurances" from the United States that nothing illegal was taking place. It was subsequently shown in numerous court proceedings and commissions of inquiry that the activity was illegal. At the time of Steinmeier's meeting, reports of CIA rendition flights through Germany had recently emerged, and were publicly dismissed as unconfirmed by German authorities.
  • In the years since 2005, successive investigations by human rights groups and international bodies, such as the Council of Europe, have substantiated that extraordinary rendition was indeed occurring. In 2007 the European Parliament approved a finding in a report by a special investigative committee where it was stated that Germany, among other states, aided or knew about the CIA's extraordinary rendition programme. Prior to becoming Foreign Minister in 2005, Frank-Walter Steinmeier served as Head of Chancellery (Chief of Staff) in the government of Chancellor Gerhard Schroeder, where he was responsible for coordinating the work of German intelligence agencies. In 2004, during this tenure, Khaled El-Masri, a German citizen, was abducted by the CIA and renditioned to a black site in Afghanistan where he was interrogated and tortured for four months. Eventually the CIA realised that it had the wrong "El-Masri", and dumped the German on a desolate road in Albania and began a cover-up. El-Masri's case has been substantiated and confirmed in numerous inquiries, and at the European Court of Human Rights.
  • Today's publication of the 20 target selectors adds to the previous WikiLeaks publication of 125 German numbers targeted by the NSA, showing systematic mass spying on the Chancellor and the Chancellery (All the Chancellor's Men, 8 July) and German politicians and officials handling economic, trade and financial affairs (The Euro Intercepts, 1 July).
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    Hmmmm.... I don't remember anything in the Senate Intelligence Committee's published executive summary on CIA torture about the CIA getting an assist from NSA on its rendition and torture projects. 
Paul Merrell

The Mysterious Case of Prisoner 212 - The Intercept - 0 views

  • Researchers and reporters had long counted the total number of prisoners who cycled through Guantanamo at 779, but the Senate intelligence committee’s report on CIA torture revealed that there was one more previously unknown detainee. Ibn al-Shaykh al-Libi, also known as prisoner 212, was held at a secret black site at Guantanamo Bay, according to the report, bringing the total number of detainees to 780. That al-Libi was held by the CIA is long established.  After all, al-Libi’s name is notorious as the source of bad information used by the Bush administration to tie Saddam Hussein to Al-Qaeda to support the US invasion of Iraq — information he provided while being tortured in Egyptian custody, and later recanted. More than a single digit change in the tally, al-Libi’s hitherto unknown presence at Guantanamo underscores how much remains unknown about the total number of detainees and their fates. The Senate report includes a list of 119 men– a rare official disclosure of the individuals held and in many cases tortured by the CIA. Only a fraction of those had previously been acknowledged as CIA detainees, though journalists and human rights groups had pieced together the population of prisoners from disclosures about Guantanamo, leaked documents, and court proceedings.
  • The black sites in the Senate report are identified by color code names, but journalists and human rights groups quickly identified them. As the Miami Herald’s Carol Rosenberg first noted, the report confirms that al-Libi was at one of Guantanamo’s black sites—“Maroon” and “Indigo” in the report. Al-Libi was secreted away from Guantanamo in 2004 along with four other so-called high value detainees, before the Supreme Court determined that prisoners at the naval base had the right to challenge their detention. Disappearing those detainees gave the CIA leeway to continue secret interrogations outside the view of any court system. Al-Libi ultimately ended up in prison in Libya, where he died in 2009. The Senate report doesn’t cover everyone caught up in the CIA’s net. The Open Society Foundations, for example, published a report last year detailing 136 cases of individuals suspected to have been detained or rendered by the CIA. The Senate report misses some high-profile cases, however, because it didn’t include rendition — when the CIA handed prisoners over to third countries for interrogation or imprisonment. (As the Intercept’s Peter Maass noted last week, it also doesn’t touch on detainee abuse by the military.)
  • According to the Intercept’s research, there are still 50 former CIA prisoners named by Senate investigators whose fates are unknown, and who have not, to our knowledge, spoken to the media or human rights groups. If you have any information about the names listed here, email the authors at cora.currier@theintercept.com or margot.williams@theintercept.com, or communicate with us anonymously via SecureDrop.
Paul Merrell

Globalizing Torture: CIA Secret Detention and Extraordinary Rendition | Open Society Fo... - 0 views

  • Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine “black sites” using torture techniques.
  • Globalizing Torture: CIA Secret Detention and Extraordinary Rendition Download the 216-page report. 1.08 MB pdf
  • Globalizing Torture is the most comprehensive account yet assembled of the human rights abuses associated with CIA secret detention and extraordinary rendition operations. It details for the first time what was done to the 136 known victims, and lists the 54 foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, Globalizing Torture makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
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    Thorough and comprehensive review of what is known about more than 130 cases of CIA "extraordinary renditions" and torture. Report makes it clear that these practices continue under Obama. For the first time, identifies all of the 54 foreign governments that collaborated. Heavily referenced, written by experienced human rights lawyers.  This report comes as the Senate Select Committee on Intelligence is fighting CIA and Obama Administration efforts to delay publication of the Senate committee's multi-volume report on the same topic. 
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