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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.

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.

ince being seized in a raid in Pakistan in 2002, Abu Zubaydah has had his life controlled by American officials, first at secret sites where he was tortured, and since 2006 in a small cell in Guantanamo Bay, Cuba. And, thanks to one of the strangest—and perhaps most troubling—legal cases to grow out of the War on Terror, it appears he’s not going to be leaving anytime soon, which was exactly what the CIA always intended. Today, not even his lawyers understand what’s transpired behind closed doors in a Washington, D.C., courtroom. In June 2008, the Supreme Court ruled that detainees at Guantanamo had the right to challenge their imprisonment in federal court and that their cases should be handled “promptly” by the judicial system. The next month, lawyers for Abu Zubaydah, a detainee whose torture and waterboarding in secret prisons was among the most notorious of the Bush years, filed a lawsuit in federal court challenging his detention. The progress of that case has been anything but prompt. While more than 100 Guantanamo detainees have been released since then, and the military tribunals of even more high-profile detainees like 9/11 mastermind Khalid Sheikh Mohammed are moving forward in Guantanamo’s courtrooms, the federal judge hearing Zubaydah’s case has failed to rule on even the preliminary motions.

The seemingly intentional inaction has left even experienced court observers baffled. Richard W. Roberts, the U.S. District Court judge handling the suit, is not a particularly slow-moving jurist. His median time for resolving entire cases is slightly over two years; Zubaydah’s case has already been pending 6 years 9 months and 13 days. Because almost the entire file has been kept secret, it’s not possible to know why Roberts, who is the chief judge of the D.C. circuit, has let Zubaydah’s case languish. But this much is clear: Keeping Zubaydah from telling his story is exactly what the CIA wanted from the moment it began to torture him. And it’s exactly what they promised they’d do in 2002 during one of the darkest chapters of the War on Terror. Abu Zubaydah was one of the first al Qaeda suspects to face the harsh new regime implemented by the CIA following 9/11—a regime that FBI agents at the scene tried to prevent.

Soon after the agency’s contractors began their program of “enhanced interrogation” at the secret black site in Thailand—placing him in a coffin-size box, slamming him against wall, depriving him of sleep, bombarding him with loud music, as well as waterboarding—they sent an encrypted cable to Washington. The CIA interrogators said that if Zubaydah died during questioning, his body would be cremated. And if he survived the ordeal, the interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life.” Senior officials gave the assurances. Zubaydah, a Saudi citizen, “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released,” the head of the CIA’s ALEC Station, the code name of the Washington-based unit hunting Osama bin Laden, replied. “All major players are in concurrence,” the cable said, that he “should remain incommunicado for the remainder of his life.”

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.

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.”

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.

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.

The former CIA officer John Kiriakou was sentenced Friday to more than two years in prison, by a federal judge who rejected arguments that he was acting as a whistleblower when he leaked a covert officer's name to a reporter. A plea deal required the judge to impose a sentence of two and a half years. US district judge Leonie Brinkema said she would have given Kiriakou much more time if she could.Kiriakou's supporters describe him as a whistleblower who exposed aspects of the CIA's use of torture against detained terrorists. Prosecutors said Kiriakou was merely seeking to increase his fame and public stature by trading on his insider knowledge. The 48-year-old Arlington resident pleaded guilty last year to violating the Intelligence Identities Protection Act. No one had been convicted under the law in 27 years.

His 2007 interviews about the interrogations of Abu Zubaydah were among the first by a CIA insider confirming reports that several detainees, including Abu Zubaydah, had been waterboarded.

Poland has asked the European Court of Human Rights to bar media and public presence during an upcoming hearing on Poland’s complicity with the CIA’s “extraordinary rendition” program that delivered terror suspects to secret prisons around the world. The public hearing in Strasbourg, France, scheduled for Dec. 3, will be the first arguments testing allegations that the Polish government allowed the CIA to operate a jail for supposed Al-Qaeda fighters in Poland. The request for a private hearing “will be examined by the court shortly,” a court spokesperson told Reuters. Poland cited national security concerns as to why it wants the hearing to remain confidential.

"We should have the right to review this case in public," said Adam Bodnar, vice president of the Warsaw-based Helsinki Foundation for Human Rights. "I do not see a reason for confidentiality of proceedings." Bodnar added that most of the evidence about the alleged CIA jail is already public, and keeping it secret is pointless now. His organization was instrumental in uncovering evidence of Poland’s cooperation with the agency.

The European Court of Human Rights (ECHR) case was brought by lawyers for Abu Zubaydah and Abd al-Rahim al-Nashiri, both now detainees waiting for charges at Guantanamo Bay.

The EU and the US should fully investigate the CIA’s “extraordinary” and “lawless” rendition program, the Council of Europe’s human rights commissioner said in a statement marking the 12th anniversary of the 9/11 attacks.

He urged the court to further expose “the lawlessness that has characterized the CIA program” by examining complaints lodged by Guantanamo Bay detainees Abu Zubaydah and Al Nashiri against Poland and Lithuania, and Poland and Romania, respectively. The suspected terrorists, both of whom are being held in the Guantanamo prison camp, claim that the aforementioned states had failed to properly conduct investigations “into the circumstances surrounding their ill-treatment, detention and transfer to the USA.” Citing a report published by Open Society Justice Initiative, Muižnieks added that 25 European countries have collaborated with the CIA, but Italy was the only state thus far to hand down a conviction for the kidnapping and rendition of a Muslim cleric.

“It is imperative to take urgent political and judicial initiatives in member States to lift the veil of secrecy Governments have drawn over their responsibilities,“ Muižnieks said in a call to action. “The CIA program of rendition and secret detention is not simply a grave political mistake: it is above all a serious violation of fundamental human rights. The continued impunity breeds contempt for democracy and the rule of law, as well as disrespect for the victims and values in whose name the fight against terrorism was carried out. It is high time to set the record straight.” The efficacy of Muižnieks’ call remains to be seen, as the Council of Europe is a separate body from the European Union and its 47 members include Russia and other non-EU members.

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.”

The Senate report on CIA torture is still being suppressed. But details are leaking out, according to a report by Jason Leopold. Citing Intelligence Committee staffers, he writes that "at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department." In addition, "harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received."  The notion that Bush-era interrogations were lawful has always been highly dubious. This latest news plucks away even the fig leaf afforded by Bush Administration attorneys. Some say it would be unfair to prosecute anyone told that a tactic was permitted.  Will they call for a criminal investigation of these incidents? The CIA seems to agree that these details are important. It is seeking new assurances that the report won't lead to criminal investigations, according to Leopold's sources:

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. Any agreement to refrain from investigating torture as a criminal offense would itself violate the law. The UN Convention Against Torture, signed by Ronald Reagan and later ratified by the U.S. Senate, compels signatories to investigate torture and "submit the case to its competent authorities for the purpose of prosecution." Perhaps the U.S. will one day adhere to the law.

The release of the executive summary of the Senate Intelligence Committee report on CIA’s post-9/11 interrogation program is, among other things, an epic act of record preservation. Numerous CIA records that might not have been disclosed for decades, or ever, were rescued from oblivion by the Senate report and are now indelibly cited and quoted, even if many of them are not yet released in full. That’s not a small thing, since the history of the CIA interrogation program was not a story that the Agency was motivated or equipped to tell. “The CIA informed the Committee that due to CIA record retention policies, the CIA could not produce all CIA email communications requested by the Committee,” the report noted, explaining that the desired information was sometimes recovered from a reply message when the original email was missing. Agency emails turned out to be a critical source of information, a fact that illuminates the Committee’s sharp response recently to the (now suspended) CIA proposal to the National Archives (NARA) to destroy most Agency emails of non-senior officials.

Thus, the gruesome record of the waterboarding of al Qaeda operative Abu Zubaydah “was referenced in emails, but was not documented or otherwise noted in CIA cables.” (This is at odds with NARA’s initial view that “It is unlikely that permanent records will be found in these email accounts that is not filed in other appropriate files.”) The Committee report is also a remarkable demonstration of the congressional oversight function that is all the more impressive because it was performed in adverse, unfavorable conditions. It is striking to see how the CIA sometimes treated the Senate Intelligence Committee, its leadership and its staff with the same disdain and evasiveness that is often perceived by FOIA requesters and other members of the public. Committee questions were ignored, inaccurate information was provided, and the oversight process was gamed.

“Internal CIA emails include discussion of how the CIA could ‘get… off the hook on the cheap’ regarding [then-Committee] Chairman [Bob] Graham’s requests for additional information…. In the end, CIA officials simply did not respond to Graham’s requests prior to his departure from the Committee in January 2003,” the report said. “I am deeply disturbed by the implications of the study for the committee’s ability to discharge its oversight responsibility,” wrote Sen. Angus King (I-Maine) in his additional remarks. “Because it appears from the study that the committee was continuously misled as to virtually all aspects of this program, it naturally raises the extremely troubling question as to whether we can trust the representations of the agency in connection with difficult or sensitive issues in the future.” But minority members of the Committee disputed this characterization: “In reality, the overall pattern of engagement with the Congress shows that the CIA attempted to keep the Congress informed of its activities,” they wrote in their extensive dissenting views. Perhaps the most important achievement of the Committee report was to document and memorialize the fact that agents of the US Government practiced torture. Not “harsh measures” or “enhanced techniques,” but torture.

NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous. The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency. The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.

The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.” NBC, while withholding her identity, noted that the same unnamed officer “also participated in ‘enhanced interrogations’ of self-professed 9/11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.” The New Yorker‘s Jane Mayer, writing yesterday about the NBC article, added that the officer “is still in a position of high authority over counterterrorism at the C.I.A.” This officer, Mayer noted, is the same one who “dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.” Mayer also wrote that the officer is “the same woman” identified in the Senate report who oversaw “the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity.”

Both news outlets withheld the name of this CIA officer even though her identity is widely known among journalists, and her name has been used by various media outlets in connection with her work at the CIA. Both articles cited requests by the CIA not to identify her, even though they provided details making her identity clear. In fact, earlier this year, The Washington Post identified Bikowsky by name, describing her as a CIA analyst “who was tied to a critical intelligence-sharing failure before the Sept. 11, 2001, attacks and the botched 2003 ‘rendition’ of an innocent German citizen thought to be an al-Qaeda operative.” That Post report led to both McClatchy and independent journalist Marcy Wheeler raising questions about the propriety of Bikowsky’s former personal lawyer, Robert Litt, playing a key role in his current capacity as a top government lawyer in deciding which parts of the torture report should be released. The McClatchy article identified Bikowsky by name as the officer who “played a central role in the bungled rendition of Khaled el-Masri. El-Masri, who was revealed to be innocent, claimed to have been tortured by the agency.” El-Masri, a German citizen who was kidnapped from Macedonia and tortured by the CIA in Afghanistan, was released in 2003 after it was revealed he was not involved in al Qaeda.

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.

US Senate report may confirm that Diego Garcia was used for extraordinary rendition after 9/11

The government stands accused of seeking to conceal Britain's role in extraordinary rendition, ahead of the release of a declassified intelligence report that exposes the use of torture at US secret prisons around the world.

Now, in a letter to the human rights group Reprieve, former foreign secretary William Hague has confirmed that the UK government has held discussions with the US about what it intends to reveal in the report which, according to al-Jazeera, acknowledges that the British territory of Diego Garcia was used for extraordinary rendition."We have made representations to seek assurances that ordinary procedures for clearance of UK material will be followed in the event that UK material provide[d] to the Senate committee were to be disclosed," Hague wrote.Cori Crider, a director at Reprieve, accused the UK government of seeking to redact embarrassing information: "This shows that the UK government is attempting to censor the US Senate's torture report. In plain English, it is a request to the US to keep Britain's role in rendition out of the public domain."

The European Parliament today voted to investigate the extent of the CIA’s detention, torture and rendition programme in EU countries. The decision comes two months after the US Senate intelligence committee published a redacted summary of its six year investigation into the CIA’s detention and interrogation programme. The European Parliament’s committees on civil liberties, foreign affairs and human rights previously investigated the CIA’s programme in 2006, and they will now resume their inquiry with new details from the Senate’s report. Passing today’s resolution, MEPs said the summary “reveals new facts that reinforce allegations that a number of EU member states… were complicit in the CIA’s secret detention and extraordinary rendition programme, sometimes through corrupt means based on substantial amounts of money provided by the CIA in exchange for their cooperation”. Romania, Poland and Lithuania are widely known to have hosted CIA black sites, along with those in Afghanistan, Thailand and Guantánamo Bay.

In the first case of its kind last July, the European Court of Human Rights considered whether Poland had been complicit in the detention and transport of two CIA detainees, Abu Zubaydah andAbd al-Rahim al-Nashiri.

The motion passed today also encouraged the release of the report in full, without “excessive and unnecessary” redactions. References to individual countries were redacted in the summary on grounds of national security. Today’s resolution was approved by 363 votes to 290, with 48 abstentions.

In another important decision on European participation in the US war on terrorism, the European Court of Human Rights (ECtHR) issued a judgment late last month against Italy for its role in the extraordinary rendition of Egyptian cleric Osama Mustafa Hassan Nasr, better known as Abu Omar. (An English-language summary of ruling is here; the full decision, presently available only in French, is here.) The ruling not only represents a further contribution to the Strasbourg Court’s growing accountability jurisprudence, but also highlights the United States’ own failure to provide any redress to victims of the torture program that it primarily created and operated. The ECtHR’s decision in Nasr v. Italy concerns one of the most notorious instances of extraordinary rendition (i.e., the extrajudicial transfer of an individual to another country for purposes of abusive interrogation). In 2003, Nasr, who had been granted political asylum in Italy, was abducted in broad daylight from a street in Milan and taken to Aviano air base, which is operated by the US Air Force. Nasr was subsequently taken, by way of the US’s Ramstein air base in Germany, to Cairo where he was interrogated by Egyptian intelligence services. Egyptian authorities held Nasr in secret for more than a year and subjected him to repeated torture before releasing him in April 2004. Approximately 20 days after his release — and after submitting a statement to Milan’s public prosecutor describing his abuse — Nasr was rearrested and detained without charges. He was released in 2007, but prohibited from leaving Egypt.

The ECtHR ruling centers on Italy’s role in Nasr’s abduction in Milan, his rendition to Egypt where he faced a real risk of abuse, and its subsequent failure to conduct an effective domestic investigation or to provide any redress. The ECtHR found Italy liable for multiple violations of the European Convention on Human Rights (ECHR), including article 3 (the prohibition on inhuman or degrading treatment), article 5 (the right to liberty and security), and article 13 (the right to an adequate remedy). It ordered Italy to pay €70,000 to Nasr and €15,000 to his wife, Nabila Ghali, for the suffering and anguish caused by her husband’s enforced disappearance. The Milan public prosecutor had previously investigated and prosecuted 25 CIA officers, including the agency’s Milan station chief, Robert Seldon Lady, and seven Italian military intelligence officers, for aiding and abetting in Nasr’s abduction and rendition. The United States strenuously opposed the prosecution, warning that it would harm US-Italian relations, and the Italian government successfully challenged much of the evidence on the grounds it could jeopardize national security. The trial court convicted 22 CIA agents in absentia and gave them prison sentences of between six to nine years; a Milan appeals court upheld the convictions and overturned the acquittals of the other three US defendants. Italy’s highest court, however, overturned the conviction of five of the Italian military intelligence agents based on state secrecy grounds. The Italian government has refused to seek the extradition of the convicted US nationals. (For more details, Human Rights Watch has an excellent summary of the proceedings in Italy here.)

The ECtHR’s ruling in Nasr strengthens accountability by reinforcing state responsibility for participation in abuses committed during the war on terrorism. It builds on the Strasbourg Court’s prior decisions in El-Masri v. Macedonia and Al-Nashiri v. Poland/Husayn (Abu Zubaydah) v. Poland, which held Macedonia and Poland, respectively, liable for their role in CIA torture and rendition, including (in the case of Poland) for hosting a CIA black site. Nasr, together with El-Masri and al-Nashiri/Husayn, should help discourage a state’s future participation in cross-border counterterrorism operations conducted in flagrant violation of human rights guarantees. While the deterrent value of legal judgments may be uncertain, the recent line of Strasbourg Court decisions raises the costs of aiding and abetting illegal operations, even in the national security context.