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The National Security Agency on Christmas Eve day released twelve years of internal oversight reports documenting abusive and improper practices by agency employees. The heavily redacted reports to the President’s Intelligence Oversight Board found that NSA employees repeatedly engaged in unauthorized surveillance of communications by American citizens, failed to follow legal guidelines regarding the retention of private information, and shared data with unauthorized recipients. While the NSA has come under public pressure for openness since high-profile revelations by whistleblower Edward Snowden, the release of the heavily redacted internal reports at 1:30PM on Christmas Eve demonstrates limits to the agency’s attempts to demonstrate transparency. Releasing bad news right before a holiday weekend, often called a “Christmas Eve surprise,”  is a common tactic for trying to minimize press coverage.

The reports, released in response to a Freedom of Information Act request submitted by the American Civil Liberties Union, offer few revelations, but contain accounts of internal behavior embarrassing to the agency. In one instance an NSA employee “searched her spouse’s personal telephone directory without his knowledge to obtain names and telephone numbers for targeting”, a practice which previous reports have indicated was common enough to warrant the name “LOVEINT”. Many of the reports appear to deal with instances of human error rather than malicious misuse of agency resources. Nonetheless, many of these errors are potentially serious, including entries suggesting that unminimized U.S. telephone numbers were mistakenly disseminated to unauthorized parties and that military personnel were given unauthorized access to raw traffic databases collected under the Foreign Intelligence Services Act.

There are also accounts of simple bumbling by NSA employees, including the apparently common mistake of targeting their own communications for surveillance. In one unintentionally amusing passage, an NSA analyst is said to have “targeted his personal cellphone,” because he “mistakenly thought it would be acceptable to [redacted].” Another common example is the practice of NSA analysts accidentally designating their own communications as being those of a foreign intelligence target.

A damning report by the State Comptroller said that Netanyahu spent up to $230,000 on cleaning fees in 2011 alone

Israeli Prime Minister Benjamin Netanyahu is to be probed over allegations of fiscal misconduct at his private and official residence. Israeli Attorney General Yehuda Weinstein on Thursday ordered a preliminary investigation, which will determine whether or not a criminal investigation will eventually be launched to deal with the misdemeanours. However, the attorney general has stressed that at this stage the investigations are not focusing in on the prime minister personally and noted that the probe will not begin before the election on 17 March where Netanyahu is vying for re-election.  

The announcement follows a scathing report by the State Comptroller, which queried huge sums spent on cleaning, makeup and clothing between 2009 and 2013. The long-awaited report by Yosef Shapira, who reviews how the Israeli government operates, unearthed that at their highest point in 2011, cleaning expenses for one of Netanyahu’s homes cost the Israeli taxpayer almost $285,000. Netanyahu and the First Lady only spend the occasional weekend there, but monthly cleaning costs for the house averaged more than $2,100 over the four-year period, the report found. The document also queried a large amount of electrical work carried out at the private residence by a personal friend of the Netanyahu's. “In light of the large cleaning costs, the [Prime Minister’s Office] should examine...their prudence and act to avoid unnecessary expenditures," Shapiro wrote in the report.

Friendly relations between US and Israel could turn sour over revelations that the NSA tapped Netanyahu, revealing efforts to block the Iran nuclear deal. The U.S. National Security Agency spied on close ally Israel, exposing how Israelis lobbied U.S. authorities to undermine the Iranian nuclear deal, RT reports.   The monitoring came in spite of a U.S. pledge to tone down surveillance of friendly states, while the latest snooping even included some Congress members private conversations. Former Chairman of the House Intelligence Committee Pete Hoekstra called the interceptions an “abuse of power” and called for an investigation into the allegations. “WSJ (Wall Street Journal) report that NSA spied on Congress and Israel communications very disturbing. Actually outrageous. Maybe unprecedented abuse of power,” Hoekstra wrote on his official Twitter account. “NSA and Obama officials need to be investigated and prosecuted if any truth to WSJ reports. NSA loses all credibility. Scary,” he added.

Friendly relations between US and Israel could turn sour over revelations that the NSA tapped Netanyahu, revealing efforts to block the Iran nuclear deal. The U.S. National Security Agency spied on close ally Israel, exposing how Israelis lobbied U.S. authorities to undermine the Iranian nuclear deal, RT reports.   The monitoring came in spite of a U.S. pledge to tone down surveillance of friendly states, while the latest snooping even included some Congress members private conversations. Former Chairman of the House Intelligence Committee Pete Hoekstra called the interceptions an “abuse of power” and called for an investigation into the allegations. “WSJ (Wall Street Journal) report that NSA spied on Congress and Israel communications very disturbing. Actually outrageous. Maybe unprecedented abuse of power,” Hoekstra wrote on his official Twitter account. “NSA and Obama officials need to be investigated and prosecuted if any truth to WSJ reports. NSA loses all credibility. Scary,” he added.

Massive surveillance has continued under President Barack Obama’s two terms, and the revelations of Edward Snowden in 2013 over the extent of the data harvested from civilians did little to dent the spy agency’s activities, according to the Wall Street Journal. A “protected list” rapidly pulled together by the Obama administration in the wake of the scandal to safeguard its closest allies from monitoring included countries including Germany and France. Israel, however, was not on this list, and was instead placed as NSA’s top monitoring priority, as was Turkey. A senior US official said told the Wall Street Journal, “Going dark on Bibi? Of course we wouldn’t do that,” using Israeli Prime Minister Benjamin Netanyahu’s nickname.

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.

"I don't know." "I don't remember." "I'm not familiar with that detail." "It's not my precise area." "I'm not familiar with that letter." These are quotes from the Internal Revenue Service officials who testified this week before the House and Senate. That is the authentic sound of stonewalling, and from the kind of people who run Washington in the modern age—smooth, highly credentialed and unaccountable. They're surrounded by legal and employment protections, they know how to parse a careful response, they know how to blur the essential point of a question in a blizzard of unconnected factoids. They came across as people arrogant enough to target Americans for abuse and harassment and think they'd get away with it. So what did we learn the past week, and what are the essentials to keep in mind?

The Ministry of Defence has paid out £14m in compensation and costs to hundreds of Iraqis who complained that they were illegally detained and tortured by British forces during the five-year occupation of the south-east of the country.Hundreds more claims are in the pipeline as Iraqis become aware that they are able to bring proceedings against the UK authorities in the London courts.

Lawyers representing former prisoners of the British military say that more than 700 further individuals are likely to make claims next year.Most of those compensated were male civilians who said they had been beaten, deprived of sleep and threatened before being interrogated by British servicemen and women who had detained them on suspicion of involvement in the violent insurgency against the occupation. Others said that they suffered sexual humiliation and were forced into stress positions for prolonged periods.

Many of the complaints arise out of the actions of a shadowy military intelligence unit called the Joint Forward Interrogation Team (Jfit) which operated an interrogation centre throughout the five-year occupation. Officials of the International Committee of the Red Cross complained about the mistreatment of detainees at Jfit not long after it was first established.Despite this, the interrogators shot hundreds of video films in which they captured themselves threatening and abusing men who can be seen to be bruised, disoriented, complaining of starvation and sleep deprivation and, in some cases, too exhausted to stand unaided.

Many who shout the loudest that we must “support the troops” urge sending them off to unwinnable and undeclared wars in which there is no legitimate US interest. The US military has been abused by those who see military force as a first resort rather than the last resort and only in self-defense. This abuse has resulted in a generation of American veterans facing a life sentence in the prison of tortured and deeply damaged minds as well as broken bodies. The numbers sadly tell the story: more military suicides than combat deaths in 2012, some 22 military veterans take their lives every day, nearly 30 percent of veterans treated by the VA have PTSD.

We should be saddened but not shocked when we see the broken men and women return from battles overseas. We should be angry with those who send them to suffer and die in unnecessary wars. We should be angry with those who send them to kill so many people overseas for no purpose whatsoever. We should be afraid of the consequences of such a foolish and dangerous foreign policy. We should demand an end to the abuse of military members and a return to a foreign policy that promotes peace and prosperity instead of war and poverty.

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.

Legal experts from around the world are to join calls for an investigation into whether British politicians and senior military figures should be prosecuted for alleged war crimes in Iraq.An open letter from about a dozen heavyweight figures will increase the pressure on the International Criminal Court (ICC) to launch a formal inquiry into allegations that more than 400 Iraqis were victims of  thousands of incidents of mistreatment amounting to “torture or cruel, inhuman or degrading treatment.”The Independent on Sunday revealed that a 250-page dossier has been submitted to the ICC  in The Hague by Public Interest Lawyers and the European Centre for Constitutional and Human Rights. It will be published in London on Tuesday.Ministers dismissed the need for an investigation, pointing out that the ICC had rejected such a call in 2006.  However, the letter from international experts will argue that fewer than 20 cases were known about then and that hundreds of new cases have emerged since.

William Schabas, professor of law at Middlesex University, who is co-ordinating the letter, said: “There is fresh evidence that was not there in 2006.  A lot more has come to light since then. We think the 2006 decision was wrong and we want the [ICC] Prosecutor to look at it through a different lens.”  He believed there was enough evidence to pass the tests for an ICC inquiry to be launched – that there was systematic rather isolated abuse; the scale of the complaints cleared the “gravity” threshold and that the claims had not been properly investigated by the UK.  However, the government will argue that these criteria have not been met.The dossier names General Sir Peter Wall, the head of the British Army; Geoff Hoon, the former Defence Secretary and Adam Ingram, the former Armed Forces Minister, who did not respond for requests to comment. The complainants decided to name those responsible for the UK’s strategy in Iraq following the US-led invasion in 2003. But political and defence figures said the ICC was unlikely to hold them responsible for actions “on the ground.”William Hague, the Foreign Secretary, said there was no “systematic” torture by troops and individual cases had either already been dealt with by the British authorities or were the subject of inquiries.He told Sky News: “There have been some cases of abuse that have been acknowledged and apologies and compensation have been paid appropriately.  But the government has always been clear and the armed forces have been clear that they absolutely reject allegations of systematic abuses by the British armed forces.

Barton Gellman’s explosive story in last Thursday’s Washington Post revealed an unnerving audit of the National Security Agency that showed, among other things, that the federal government “broke privacy rules thousands of times per year” in conducting extensive and “unauthorized surveillance of Americans or foreign intelligence targets in the United States, both of which are restricted by statute and executive order.” Thus was put convincingly to bed the now-obselete notion that the NSA’s claim on the privacy of the righteous was merely declaratory.

Contrary to the self-satisfied insistence of America’s national-security apologists, none of the excuses made on behalf of the NSA are reassuring. To both their credit and discredit, people in the United States continue to exhibit a definite fear of accusing public servants of mendacity. It is therefore apparently beyond the pale to suggest that President Obama was “lying” when he promised that the “transparent” NSA has not been “actually abusing” its power and that “we don’t have a domestic spying program.” For the sake of this column, I shall defer to the tradition.

Nevertheless, if Obama was in fact not lying, then there remain only two reasonable options as to why his explanations and the truth are so far removed from one another: Either the president of the United States is so genuinely and worryingly out of touch with his own NSA that he has no idea what is going on, or his conception of what constitutes “abuse” is appreciably different enough from everyone else’s that he is unsuited to the high office he holds. As The Atlantic’s Conor Friedersdorf helpfully clarifies: “The 2,776 incidents of illegal surveillance” that the audit revealed “don’t mean that just 2,766 people had their rights violated — in just a single one of those 2,776 incidents, 3,000 people had their rights violated,” sometimes because operators inadvertently started tracking all calls into Washington, D.C. If this is not “abuse,” what is?

In the mid-1970s, Rep. Otis Pike led a brave inquiry to rein in the excesses of the national security state. But the CIA and its defenders accused Pike of recklessness and vowed retaliation, assigning him to a political obscurity that continued to his recent death. Otis Pike, who headed the House of Representatives’ only wide-ranging and in-depth investigation into intelligence agency abuses in the 1970s, died on Jan. 20. A man who should have received a hero’s farewell passed with barely a mention. To explain the significance of what he did, however, requires a solid bit of back story.

Rep. Otis Pike, D-New York, took over what became known as the “Pike Committee.” Under Pike, the committee put some real teeth into the investigation, so much so that Ford’s White House and the CIA went on a public-relations counterattack, accusing the panel and its staff of recklessness. The CIA’s own historical review acknowledged as much:

“The final draft report of the Pike Committee reflected its sense of frustration with the Agency and the executive branch. Devoting an entire section of the report to describing its experience, the committee characterized Agency and White House cooperation as ‘virtually nonexistent.’ The report asserted that the executive branch practiced ‘footdragging, stonewalling, and deception’ in response to committee requests for information. It told the committee only what it wanted the committee to know. It restricted the dissemination of the information and ducked penetrating questions.”

President Barack Obama has conceded that mass collection of private data by the US government may be unnecessary and said there were different ways of “skinning the cat”, which could allow intelligence agencies to keep the country safe without compromising privacy. In an apparent endorsement of a recommendation by a review panel to shift responsibility for the bulk collection of telephone records away from the National Security Agency and on to the phone companies, the president said change was necessary to restore public confidence. “In light of the disclosures, it is clear that whatever benefits the configuration of this particular programme may have, may be outweighed by the concerns that people have on its potential abuse,” Obama told an end-of-year White House press conference. “If it that’s the case, there may be a better way of skinning the cat.”

Though insisting he will not make a final decision until January, this is the furthest the president has gone in backing calls to dismantle the programme to collect telephone data, a practice the NSA claims has legal foundation under section 215 of the Patriot Act. This week, a federal judge said the program “very likely” violates the US constitution. “There are ways we can do this potentially that give people greater assurance that there are checks and balances, sufficient oversight and transparency,” Obama added. “Programmes like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse. That’s exactly what we should be doing: to evaluate things in a very clear specific way and moving forward on changes. And that’s what I intend to do.”

The president would not comment on a suggestion last weekend by Richard Ledgett, the NSA official investigating the Snowden leaks, that an amnesty might be appropriate in exchange for the return of the data Snowden took from the agency. Obama said he could not comment specifically because Snowden was “under indictment”, something not previously disclosed. While the Justice Department filed a criminal complaint against Snowden on espionage-related charges in June, there has been no public subsequent indictment, although it is possible one exists under gag order. The Justice Department referred comment on a Snowden indictment to the White House. Caitlin Hayden, the chief spokeswoman for the White House National Security Council, clarified that Obama was referring to the criminal complaint against Snowden. It remains unclear if there is an indictment under seal. 

Yet another dark cloud is looming over global banks as officials examine their behavior in the massive foreign exchange market, threatening to deal a new blow to earnings and reputations. Regulators in the U.S., Europe and Asia are in the early stages of investigating whether traders at the world's top banks manipulated foreign exchange benchmarks to profit at the expense of their clients. Goldman Sachs (GS, Fortune 500), Citigroup (C, Fortune 500), JP Morgan (JPM, Fortune 500), Deutsche Bank (DB), Barclays (BCS), Royal Bank of Scotland (RBS), UBS (UBS) and HSBC (HBCYF)are among the firms in their sights. Financial lawyers say the probe could have steep and uncertain consequences as the impact of currency market abuse would reverberate far beyond Wall Street.

It's unwelcome timing for an industry already fighting a raft of legal battles over foreclosure abuses, misleading investors over mortgages and payment protection insurance. And then there's the Libor scandal. A global investigation into the setting of the London interbank lending rate, and related global benchmarks, has so far yielded about $3.6 billion in fines. Penalties for some of the biggest players are still to come. Traders have also faced criminal charges. As the extent of damage caused by Libor-rigging is revealed, lawyers say the probe into fixing currency rates could unfold in a similar way, and rival its impact. London is the center of the loosely regulated foreign exchange market, the biggest in the world's financial system with average daily turnover of $5.3 trillion. Proven abuse in this market would have a significant ripple effect, exposing offending firms to a host of legal action.

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.

A report from Al Jazeera America has revealed that the private data of everyday citizens is being spied upon much more than previously thought.

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.”

It was already being described as the worst hack of the U.S. government in history. And it just got much worse.A senior U.S. official has confirmed that foreign hackers compromised the intimate personal details of an untold number of government workers. Likely included in the hackers’ haul: information about workers’ sexual partners, drug and alcohol abuse, debts, gambling compulsions, marital troubles, and any criminal activity.Those details, which are now presumed to be in the hands of Chinese spies, are found in the so-called “adjudication information” that U.S. investigators compile on government employees and contractors who are applying for security clearances. The exposure suggests that the massive computer breach at the Office of Personnel Management is more significant and potentially damaging to national security than officials have previously said.

Three former U.S. intelligence officials told The Daily Beast that the adjudication information would effectively provide dossiers on current and former government employees, as well as contractors. It gives foreign intelligence agencies a roadmap for finding people with access to the government’s most highly classified secrets.Obama administration officials had previously acknowledged the breach of information that applicants voluntarily disclose on a routine questionnaire, called Standard Form 86, but the theft of the more detailed and wide-ranging adjudication information appears to have gone overlooked.

“Whoever compromised the adjudication information is going to have clear knowledge, beyond what’s in the SF86, about who the best targets for espionage are in the United States,” Michael Adams, a computer security expert who served more than two decades in the U.S. Special Operations Command, told The Daily Beast. “This is the most successful cyber attack in the history of the United States,” owing to the amount and quality of the information that was stolen, Adams said. U.S. intelligence officers spend years trying to recruit foreign spies to gather the kinds of details and insights that are contained in adjudication information, one former senior U.S. official said. This official, who requested anonymity, added that adjudication information would give foreign intelligence services “enormous leverage” over U.S. personnel whom they might forcibly interrogate for information or try to recruit.

Yesterday the United States gave the U.N. Human Rights Committee its one year follow-up report on progress made to implement four priority recommendations made by the committee a year ago. The independent human rights experts had reviewed the United States' compliance with a major human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). They found the U.S. coming up short in many areas, including accountability for torture, privacy and surveillance, Guantánamo, and gun violence. Yesterday’s disappointing 15-page submission does provide some information on Justice Department investigations regarding police misconduct, including the recent Ferguson report. But, there was nothing on accountability measures taken in the aftermath of the release of the Senate report on the CIA torture program. The need for Attorney General Eric Holder to appoint a special prosecutor remains as glaring as ever.

The submission notes that the Senate report’s 500-page executive summary was “declassified with minimal redactions to protect national security,” but it failed to commit to release the entire report (which the ACLU is currently fighting for in a FOIA lawsuit). And while the submission states that the U.S. “supports transparency and has taken steps to ensure that it never resorts to the use of those [harsh interrogation] techniques again,” there is no mention of any concrete actions taken to criminally investigate CIA torture, especially in light of the new information made public in the report about the brutality of the CIA’s methods, and its lies to Congress, the media, and the public about its torture program. Under the ICCPR and the Convention Against Torture, the U.S. has an obligation to effectively, independently, and impartially investigate all cases of unlawful killing or torture, as well as arbitrary detention or enforced disappearance. The U.S. also has an international legal obligation to appropriately prosecute perpetrators – including high-level policymakers.

The U.S. submission mentions the investigation by Justice Department prosecutor John Durham, which he closed in 2012 without any charges being filed. But, the submission fails to provide detailed information on the precise scope of Durham’s mandate. We remain concerned that the investigation may have focused on instances in which interrogators overstepped limits set by senior officials, rather than on the culpability of senior officials themselves. It also remains unclear whether investigators interviewed any prisoners who were subjected to the CIA torture program. During the November 2014 review of the United States before the U.N. Committee Against Torture in Geneva, the committee raised concerns, based on letters and accounts from torture victims or their attorneys, indicating that Durham had never interviewed any detainees. The U.S. delegation responded that it had interviewed 96 persons as part of the investigation, but it did not indicate whether any of the prisoners who were subjected to abuse and torture were amongst those interviewed.