Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged detentions

Rss Feed Group items tagged

Paul Merrell

European Parliament to investigate CIA's torture and rendition operations in EU | The B... - 0 views

  • 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.
  • ...2 more annotations...
  • Poland’s complicity in CIA torture programme confirmed as European Court rejects Warsaw’s appeal
  • CIA torture report: An interactive timeline of who’s who in government January 30, 2015 by Gesbeen Mohammad An aid for people reading the Senate summary report and stories in this Bureau project.
  •  
    The Grand Chamber of the European Court of Human Rights just rejected Poland's request for reconsideration, ending the litigation. 
Paul Merrell

Homan Square revealed: how Chicago police 'disappeared' 7,000 people | US news | The Gu... - 0 views

  • Police “disappeared” more than 7,000 people at an off-the-books interrogation warehouse in Chicago, nearly twice as many detentions as previously disclosed, the Guardian can now reveal.
  • From August 2004 to June 2015, nearly 6,000 of those held at the facility were black, which represents more than twice the proportion of the city’s population. But only 68 of those held were allowed access to attorneys or a public notice of their whereabouts, internal police records show. The new disclosures, the result of an ongoing Guardian transparency lawsuit and investigation, provide the most detailed, full-scale portrait yet of the truth about Homan Square, a secretive facility that Chicago police have described as little more than a low-level narcotics crime outpost where the mayor has said police “follow all the rules”. The police portrayals contrast sharply with those of Homan Square detainees and their lawyers, who insist that “if this could happen to someone, it could happen to anyone”. A 30-year-old man named Jose, for example, was one of the few detainees with an attorney present when he surrendered to police. He said officers at the warehouse questioned him even after his lawyer specifically told them he would not speak.
  • “The Fillmore and Homan boys,” Jose said, referring to police and the facility’s cross streets, “don’t play by the rules.” According to an analysis of data disclosed to the Guardian in late September, police allowed lawyers access to Homan Square for only 0.94% of the 7,185 arrests logged over nearly 11 years. That percentage aligns with Chicago police’s broader practice of providing minimal access to attorneys during the crucial early interrogation stage, when an arrestee’s constitutional rights against self-incrimination are most vulnerable. But Homan Square is unlike Chicago police precinct houses, according to lawyers who described a “find-your-client game” and experts who reviewed data from the latest tranche of arrestee records obtained by the Guardian.
  • ...9 more annotations...
  • The narcotics, vice and anti-gang units operating out of Homan Square, on Chicago’s west side, take arrestees to the nondescript warehouse from all over the city: police data obtained by the Guardian and mapped against the city grid show that 53% of disclosed arrestees come from more than 2.5 miles away from the warehouse. No contemporaneous public record of someone’s presence at Homan Square is known to exist. Nor are any booking records generated at Homan Square, as confirmed by a sworn deposition of a police researcher in late September, further preventing relatives or attorneys from finding someone taken there.
  • But those documents do not tell the entire story of Homan Square. Chicago police have not disclosed any figures at all on people who were detained at Homan Square but never ultimately charged. Nor has it released any information about detentions or arrests before September 2004, claiming that information is burdensome to produce because it is not digital. (Chicago purchased the warehouse in 1995.) “It’s hard to believe that 7,185 arrests is an accurate number of arrestees at Homan Square,” said the University of Chicago’s Futterman. “Even if it were true that less than 1% of Homan arrestees were given access to counsel, that would be abhorrent in and of itself.”
  • 11.8% of detainees in the Homan Square logs were Hispanic, compared with 28.9% of the population. 5.5% of the detainees were white, compared with 31.7% of the population. Of the 68 people who Chicago police claim had access to counsel at Homan Square, however, 45% were black, 26% were Hispanic and another 26% were white.
  • Despite the lack of booking and minimal attorney access at Homan Square, it is not a facility for detaining and interrogating the most violent of Chicago’s criminals. Drug possession charges were eventually levied in 5,386 of the disclosed Homan Square arrests, or 74.9%; heroin accounted for 35.4% of those, with marijuana next at 22.3%. The facility’s use by police has intensified in recent years. Nearly 65% of documented Homan Square arrests since August 2004 took place in the five years since Rahm Emanuel, formerly Barack Obama’s top aide, became mayor. (The Guardian has filed a Foia request with Emanuel’s office to disclose the extent of its involvement in Homan Square.) The 68 documented attorney visits are actually slightly higher, statistically speaking, than the extremely minimal legal access Chicago police provide suspects in custody during the initial stages of their arrest. The 2014 citywide total at declared police stations, according to First Defense Legal Aid, was 0.3%. On face value, the lawyer visit rate at Homan Square, according to the newly disclosed documents, was 0.9% over nearly 11 years.
  • Twenty-two people have told the Guardian that Chicago police kept them at Homan Square for hours and even days. They describe pressure from officers to become informants, and all but two – both white – have said the police denied them phone calls to alert relatives or attorneys of their whereabouts. Their accounts point to violations of police directives, which say police must “complete the booking process” regardless of their interest in interrogating a suspect and must also “allow the arrestee to make a reasonable number of telephone calls to an attorney, family member or friend”, usually within “the first hour” of detention. The most recent disclosure of Homan Square data provides the scale behind those accounts: the demographic trends within the 7,185 disclosed arrests at the warehouse are now far more vast than what the Guardian reported in August after launching the transparency lawsuit – but are consistently disproportionate in terms of race and constitutional access to legal counsel. 82.2% of people detained at Homan Square were black, compared with 32.9% of the Chicago population.
  • Chicago attorneys say they are not routinely turned away from police precinct houses, as they are at Homan Square. The warehouse is also unique in not generating public records of someone’s detention there, permitting police to effectively hide detainees from their attorneys. “Try finding a phone number for Homan to see if anyone’s there. You can’t, ever,” said Gaeger. “If you’re laboring under the assumption that your client’s at Homan, there really isn’t much you can do as a lawyer. You’re shut out. It’s guarded like a military installation.”
  • “Often,” Futterman continued, “prisoners aren’t entered into the central booking system until they’re being processed – which doesn’t occur at Homan Square. They’re supposed to begin that processing right away, under CPD procedures, and at Homan Square the reality is, that isn’t happening or is happening sporadically and inconsistently, which leads to the whole find-your-client game.”
  • According to police, when they took a woman the Guardian will identify as Chevoughn to Homan Square in May 2007 regarding a theft, they allowed her attorney to see her. Chevoughn says that never happened. “I was there a very long time, maybe eight to 10 hours,” said Chevoughn, who remembered being “petrified”, particularly as police questioned her in what she calls a “cage”. “I went to Harrison and Kedzie,” Chevoughn said, referring to the cross streets of central booking. “That’s where I slept. It’s where they did fingerprinting, all that crap. That’s when my attorney came.”
  • Police arrested another man, whom the Guardian will call Anthony, in 2006 on charges of starting a garbage fire, and moved him to Homan Square. Police identified him as receiving an attorney there. But Anthony told the Guardian: “That’s not true.”
  •  
    It's good to see The Guardian following through on this story.
Paul Merrell

Ousted South Korean leader behind bars after arrest on bribery charges | Reuters - 0 views

  • Ousted South Korean leader Park Geun-hye was behind bars in the Seoul Detention Centre on Friday after her arrest, on charges including bribery, in a corruption scandal that has brought low some of the country's business and political elite.In a dramatic fall from power, Park, 65, became South Korea's first democratically elected leader to be thrown out of office. She is accused of colluding with a friend, Choi Soon-sil, to pressure big businesses to contribute funds to foundations that backed her policy initiatives.She and Choi, who is already in custody and on trial, deny any wrongdoing. In the early hours of Friday, the Seoul Central District Court approved prosecutors' request for an arrest warrant for Park after she gave about eight hours of testimony.Park and her lawyers had argued that she should not be arrested because she did not pose a flight risk and would not try to tamper with evidence. But the court disagreed, and said she might try to manipulate evidence.
  • Prosecutors now have 20 days to build their case while Park remains in detention.Park's removal from office capped months of paralysis and turmoil over the corruption scandal that also landed the head of the Samsung Group, South Korea's largest "chaebol", or family-run conglomerate, in detention and on trial.
  • Park's impeachment on March 10, which upheld a parliamentary vote in December, effectively left a political vacuum with only an interim president in place before a snap May 9 election.Liberal opposition politician Moon Jae-in is leading in opinion polls and is expected to win that election."The arrest of the former president Park amounts to upholding the people's stern order to build a country where justice and common sense stand firm," Moon's spokesman, Park Kwang-on, said in a statement.
  • ...1 more annotation...
  • Prosecutors said on Monday Park was accused of soliciting companies for money and infringing upon the freedom of corporate management in her position as president.She could face more than 10 years in jail if convicted of receiving bribes from chaebol bosses, including Samsung Group chief Jay Y. Lee, in return for favors.Lee, who denies charges that he provided bribes in return for favors for Samsung, is in detention in the same facility as Park and on trial separately.After several preliminary hearings, Lee's trial will begin on April 7.
Paul Merrell

Main Core: A List Of Millions Of Americans That Will Be Subject To Detention During Mar... - 0 views

  • Are you on the list?  Are you one of the millions of Americans that have been designated a threat to national security by the U.S. government?  Will you be subject to detention when martial law is imposed during a major national emergency?  As you will see below, there is actually a list that contains the names of at least 8 million Americans known as Main Core that the U.S. intelligence community has been compiling since the 1980s.
  • A recent article on Washington’s Blog quoted a couple of old magazine articles that mentioned this program, and I was intrigued because I didn’t know what it was.  So I decided to look into Main Core, and what I found out was absolutely stunning – especially in light of what Edward Snowden has just revealed to the world.  It turns out that the U.S. government is not just gathering information on all of us.  The truth is that the U.S. government has used this information to create a list of threats to national security that the government would potentially watch, question or even detain during a national crisis.  If you have ever been publicly critical of the government, there is a very good chance that you are on that list
Paul Merrell

White House refuses to hand over top-secret documents to Senate committee | World news ... - 0 views

  • The White House is refusing to hand over top-secret documents to a Senate investigation into CIA torture and rendition of terrorism suspects, claiming it needs to ensure that “executive branch confidentiality” is respected.In the latest development in the spiralling clash between Congress and the administration over oversight of the intelligence agencies, Barack Obama’s spokesman Jay Carney confirmed that certain material from the George W Bush presidency was being withheld for fear of weakening Oval Office privacy.“This is about precedent, and the need, institutionally, to protect some of the prerogatives of the executive branch – and the office of the presidency,” said Carney.“All of these documents pertain to and come from a previous administration, but these are matters that need to be reviewed in light of long-recognised executive prerogatives and confidentiality interests.”
  • A report published by McClatchy newspapers on Wednesday night said that Senate investigators were trying to obtain an estimated 9,400 such documents relating to CIA detention and interrogation after 9/11.
  • In public, the White House has tried to stay out of a growing constitutional clash between Congress and the CIA over alleged interference in the investigation. Reuters reported that the White House chief lawyer, Kathryn Ruemmler, had tried to mediate in private between both sides in an attempt to “de-escalate” the tension.But the admission that the White House is withholding key documents is likely to renew criticism that the Obama administration is failing to live up to promises to fully investigate a dark chapter in CIA history.
  • ...2 more annotations...
  • Udall said he had lifted a procedural obstacle he had placed on the CIA’s nominee for its next general counsel, Caroline Krass. That sets up the departure of its acting senior attorney, Robert Eatinger, who is at the centre of this week’s extraordinary battle between the Senate intelligence committee and the CIA.Krass had already cleared the Senate committee, but Udall put her on hold to gain leverage for the committee in its struggle for access to CIA documents relevant to its extensive study of the agency’s post-9/11 interrogation, rendition and detention program, which involved torture.The Senate voted Thursday to confirm Krass, sending her to Langley at a time when relations between the CIA and the Senate have reached a nadir. While Eatinger was never going to be the agency’s permanent general counsel, he is now the first explicit casualty in the row between the CIA and its Senate overseers.Eatinger, a longtime agency lawyer with counterterrorism experience, was cited on Monday by the panel’s chairwoman, Dianne Feinstein of California, in her seminal speech lashing out at the CIA. Without naming him, Feinstein indicated he was instrumental in the agency’s now-abandoned torture practices, and had been cited over 1,600 times in the classified Senate torture investigation.
  • Feinstein said Eatinger, whom senators have taken care not to name, had alerted the Justice Department to her staff’s removal of a CIA document from a classified facility – which both Feinstein and Udall cite as a conflict of interest.Ahead of Krass’s arrival at the CIA, Udall called on Eatinger to immediately recuse himself from any internal matters related to either the torture inquiry or the Senate panel generally. “We need to correct the record on the CIA’s coercive detention and interrogation program and declassify the Senate intelligence committee’s exhaustive study of it. I released my hold on Caroline Krass’s nomination today and voted for her to help change the direction of the agency,” Udall said in a statement on Thursday.
  •  
    6 million documents. Which means that the Administration chose the time-proven tactic of emptying wastebaskets to have *something* to talk about in defense of withholding the truly damning documents. The Senate committee asked for Swiss Cheese; the administration provided only the cheese's holes. 6,400 documents is far more than the Administration will hold back if this issue winds up in court because of the truly staggering paperwork burden placed on the Administration by procedures for subpoena cases. The White House will have the burdens of proof and persuasion, with a strong presumption favoring production of the records.  For a good quick overview of the governing law and its constitutional history, see the D.C. Circuit's opinion In re sealed Case, 121 F. 3d 729 (1997),  http://scholar.google.com/scholar_case?case=7608826439463067791
Paul Merrell

Britain Detains the Partner of a Reporter Tied to Leaks - NYTimes.com - 0 views

  • The partner of Glenn Greenwald, the journalist for The Guardian who has been publishing information leaked by the former National Security Agency contractor Edward J. Snowden, was detained for nine hours by the British authorities under a counterterrorism law while on a stop in London’s Heathrow Airport during a trip from Germany to Brazil, Mr. Greenwald said Sunday.
  • Mr. Greenwald’s partner, David Michael Miranda, 28, is a citizen of Brazil. He had spent the previous week in Berlin visiting Laura Poitras, a documentary filmmaker who has also been helping to disseminate Mr. Snowden’s leaks, to assist Mr. Greenwald. The Guardian had paid for the trip, Mr. Greenwald said, and Mr. Miranda was on his way home to Rio de Janeiro.
  • The Guardian published a report on Mr. Miranda’s detainment on Sunday afternoon. Mr. Greenwald said someone who identified himself as a security official from Heathrow Airport called him early on Sunday and informed him that Mr. Miranda had been detained, at that point for three hours. The British authorities, he said, told Mr. Miranda that they would obtain permission from a judge to arrest him for 48 hours, but he was released at the end of the nine hours, around 1 p.m. Eastern time. Mr. Miranda was in Berlin to deliver documents related to Mr. Greenwald’s investigation into government surveillance to Ms. Poitras, Mr. Greenwald said. Ms. Poitras, in turn, gave Mr. Miranda different documents to pass to Mr. Greenwald. Those documents, which were stored on encrypted thumb drives, were confiscated by airport security, Mr. Greenwald said. All of the documents came from the trove of materials provided to the two journalists by Mr. Snowden. The British authorities seized all of his electronic media — including video games, DVDs and data storage devices — and did not return them, Mr. Greenwald said.
  •  
    My comments mighty be longer than Diigo allows from the client sidee so I will place them in in a comment following this post. However, do not miss the companion article in The Guardian, at  
  •  
    Note that when detained, Mr. Miranda was acting in the role of a courier transporting documents on a thumb drive between two of the lead reporters working on the NSA scandal for The Guardian. The police kept the thumb drive and all other electronic devices Mr. Miranda carried, presumably to study their data stores.  Perhaps even more to the point, this was the seizure of leaked NSA documents and reporters' notes about them. I do not know about the UK law on the subject, but the shame of it is that it would be lawful accordng to the U.S. Supreme Court for U.S. Customs officials to do the same thing had Mr. Miranda arrived at an American international airport. Most Americans would be shocked to learn how many of their cherished Constitutional rights disappear at a port or entry or when crossing a border into the U.S. and when traveling within a 100-mile distance from a U.S. border on the U.S. side. But the particular detention of Mr. Miranda and seizure of the reporter's research and NSA document copies was sure from the outset to cause a major media stir. It has also provoked a strong diplomatic protest from Brazil This incident has already provoked not only a strong diplomatic protest from Brazil, but also in the UK, "Labour MP Tom Watson said he was shocked at the news and called for it to be made clear if any ministers were involved in authorising the detention." Also note in The Guardian article that the police were acting under authority of the draconian British Terrorism Act, which does not limit its application to those who are not suspected of being a terrorist. That UK government was willing to endure a public whipping by the media testifies loudly to the desperation of spy agencies - in the U.K., U.S., Australia, New Zealand, Canada, and Israel intelligence alliance - to learn what documents Snowden leaked to Glenn Greenwald and the Washington Post so they have a clue about: [i] what hammer blows will hit them in the future so they can get out i
  •  
    I see that I forgot to paste the link to the companion article in The Guardian. Here 'tis. http://www.theguardian.com/world/2013/aug/18/glenn-greenwald-guardian-partner-detained-heathrow
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.
  • ...6 more annotations...
  • 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

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.”
  • ...3 more annotations...
  • 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

Defense Manual Allows for Journalists' Detention | Al Jazeera America - 0 views

  • New Defense Department guidelines allow commanders to punish journalists and treat them as "unprivileged belligerents" if they believe journalists are sympathizing or cooperating with the enemy. The Law of War manual, updated to apply for the first time to all branches of the military, contains a vaguely worded provision that military commanders could interpret broadly, experts in military law and journalism say. Commanders could ask journalists to leave military bases or detain journalists for any number of perceived offenses. "In general, journalists are civilians," the 1,180 page manual says, but it adds that "journalists may be members of the armed forces, persons authorized to accompany the armed forces, or unprivileged belligerents." A person deemed to be an "unprivileged belligerent" is not entitled to the rights afforded by the Geneva Convention. A commander could restrict from certain coverage areas or even hold indefinitely without charges any reporter considered an "unprivileged belligerent." The manual adds, "Reporting on military operations can be very similar to collecting intelligence or even spying. A journalist who acts as a spy may be subject to security measures and punished if captured." It is not specific as to the punishment or under what circumstances a commander can decide to "punish" a journalist.
  • Defense Department officials said the reference to "unprivileged belligerents" was intended to point out that armed group members or spies could be masquerading as reporters. The designation was also made to warn against someone who works publications like Al-Qaeda's "Inspire" magazine that can be used to encourage or recruit adherents. Another provision says that "relaying of information" could be construed as "taking a direct part in hostilities." Officials said that is intended to refer to passing information about ongoing operations, locations of troops or other classified data to an enemy. Army Lt. Col. Joe Sowers, a Pentagon spokesman, said it was not the Defense Department's intent to allow an overzealous commander to block journalists or take action against those who write critical stories.
  • But Ken Lee, an ex-Marine and military lawyer who specializes in "law of war" issues and is now in private practice, said it was worrisome that the detention of a journalist could come down to a commander's interpretation of the law.  If a reporter writes an unflattering story, "does this give a commander the impetus to say, now you're an unprivileged belligerent? I would hope not," Lee said. Defense officials said the manual describes the law for informational purposes and is not an authorization for anyone to take any particular action regarding journalists. The manual also notes that journalists captured by the enemy are supposed to be given the rights of prisoners of war under the Geneva Convention.
Paul Merrell

Eight top ex-CIA officials launch bid to rebut 'torture report' | Washington Examiner - 0 views

  • In a bid to bring the "rest of the story" to the nation about the CIA's detention and interrogation of al Qaeda terrorists, eight former top CIA officials, including three directors, are publishing a rebuttal to the sensational Senate Democratic "torture report." Early next month, the Naval Institute Press will release "Rebuttal: The CIA Responds to the Senate Intelligence Committee's Study of Its Detention and Interrogation Program." In addition to challenging the Democratic conclusion that CIA techniques, including waterboarding, didn't produce any intelligence, it will be the first time the top officials who oversaw the program will jointly give their review of how it all went down and the successes it brought. Surprisingly, none were interviewed for the Democratic report published in December. It also will include the responses of the Republicans on the Senate Select Committee on Intelligence, left out of the best-selling "The Senate Intelligence Committee Report on Torture: Committee Study of the Central Intelligence Agency's Detention and Interrogation Program."
  • Proceeds generated from the sale of the 352-page "Rebuttal" will go to the CIA Officers Memorial Foundation. The key essays about the program are written by three former CIA chiefs: George Tenet, Porter Goss and retired Gen. Michael V. Hayden. Other contributors include two former deputy directors, John McLaughlin and Michael Morell, former clandestine service boss Jose A. Rodriguez, former CIA and FBI counterterrorism official J. Philip Mudd and former CIA Acting General Counsel John Rizzo. The intelligence community has been eager to counter the Democratic report by the committee's chairwoman, Sen. Dianne Feinstein, which many said has been unfairly characterized as the main report on the CIA's enhanced interrogation programs.
  • After it came out, current CIA Director John O. Brennan said the interrogations helped produce information that helped set the stage for the 2011 raid by Navy SEALs on Osama bin Laden's compound in Abbottabad, Pakistan.
Paul Merrell

A new, extremely dangerous kind of Jewish fanaticism - Israel Opinion, Ynetnews - 0 views

  • What operation of the ugly kind with which we have become familiar, which aims to take revenge against Arabs or deter the authorities from evacuating communities.
  • t turns out that in the past year, the Shin Bet – especially its Jewish Division – has been dealing with a new kind of cancer, violent and repulsive, which has surpassed its predecessor. We are talking about a group of young Jews which has adopted an ideological, anti-Zionist, fanatic and anarchistic common denominator, seeking to destroy the "state of the Zionists" (that's their terminology) and establish a holy kingdom instead of it. The Shin Bet sees them as a terror organization for all intents and purposes, which is violently undermining the foundations of the Israeli society.
  • This group is made up of dozens of young people, some of them minors. The older ones are 22 or 23 years old. They come from all parts of the country and have no unique characteristics apart from the fact that they have all left their families and educational institutions and live in the Judea and Samaria hills. They don't have a permanent settlement point. Rather, they move from place to place on a daily basis.   Their operational doctrine can be found in a document authored by Moshe Orbach of Bnei Brak, who belongs to the group that torched the   They have marked five potential explosive points for themselves: Igniting a conflict at the Temple Mount, banishing gentiles (by torching Arab homes), eliminating idol worship (by torching churches and mosques), religious coercion and undermining the government system. They are not talking about armed activity like the Jewish Underground and are not using firearms for now. They create provocations and don't hesitate to kill – a step up from the "price tag" activity, which focused on property.   Their first known operation was in December 2014, when they tried to torch a house in South Mount Hebron. The Shin Bet detained the perpetrators, but they were released under administrative restrictions. In February 2015, they tried to torch a church in Bethlehem, and in July they torched the church at Tabgha. Five were detained, but only two were prosecuted. Moshe Orbach was indicted.
  • ...2 more annotations...
  • The murder in Duma characterizes the group's ideological and operational perception. It wasn't an act of revenge but one aimed at igniting a conflict between the people, setting the region on fire and bringing down the Zionist regime which is "delaying salvation." In order to fulfill their goal, the group members are willing to sacrifice their lives and have no problem killing. It's a small group which carries out particularly harsh terror attacks, as part of its revolutionary outlook.   There is no rabbinical authority there. They do not accept the rabbinical authority linked to the "price tag" hooligans – like Rabbi Yitzchak Ginzburg. On the other hand, rabbis like Ginzburg disagree with their ideology.
  • The group was located by the Shin Bet, dozens of its members were called in for a deterrence talk, and some of them were subject to movement restrictions and ordered to spend the night at home. Some were even removed from the area. But without clear legal evidence, they were released.   This year alone, the Shin Bet has thwarted at least three terror attacks planned by this group – but only a very small number of indictments have been filed in light of restrictions on the Shin Bet's ability to question civilians.   The cell which carried out the attack at the Bethlehem church was caught, but the evidence obtained so far has made it impossible to file charges. They are working on it: Administrative orders have been issued against the suspects, but the legal proceedings are moving very slowly and there is no longer any deterrence.   On Sunday, the Shin Bet asked the cabinet to allow the implementation of quick and adamant legal proceedings. Five indictments have been filed so far in 2015, and 22 were filed in 2014, most of them for "price tag" activities. But only three suspects have been arrested for arson and sentenced to two-three years in prison. It was the first time the Shin Bet succeeded in arresting "price tag" members, and they mostly have Defense Minister Moshe Ya'alon to thank for that, following his decision to define the activity as an "unauthorized organization," which provided the Shin Bet with intensive tools. On Sunday, the Shin Bet demanded even more tools in order to eradicate this new insanity.
  •  
    Bibi Netanyahu just announced that now Jews who commit acts of terrorism will be subject to administrative detention without trials, which in the past has been a device used only against Arab Palestinians. Now the Israeli press is seeking to justify Netanyahu's action. The measure was announced in the wake of a "price tag" arson of a Pelestinian home in the West Bank, which killed an infant and left the remainder of its family with severe burns over 60-90 per cent of their bodies.  But the blame properly belongs on the racist apartheid government of Israel itself, which has for decades promoted racist attitudes among its citizens. True to form, no arrests have been made in the arson case.
Paul Merrell

Court rules Bush officials can be sued for post-9/11 detentions | TheHill - 0 views

  • A top federal court on Wednesday ruled that people held for months on end for immigration violations following Sept. 11, 2001, can sue top government officials for racial profiling and other abuses.The split decision from a three-judge panel on the Second Circuit Court of Appeals comes after more than a decade of litigation, and could lead to increased scrutiny on the government’s behavior following the 2001 terror attack.  ADVERTISEMENT“We simply cannot conclude at this stage that concern for the safety of our nation justified the violation of the constitutional rights on which this nation was built,” Judges Rosemary Pooler and Richard Wesley wrote in their 109-page decision.“The question at this stage of the litigation is whether the [eight foreigners arrested on immigration charges] have plausibly pleaded that the [government officials] exceeded the bounds of the Constitution in the wake of 9/11,” they wrote. “We believe that they have.”
  • After being arrested for immigration charges such as overstaying a visa or working without legal authorization after 9/11, the men were held from between three to eight months in New York or New Jersey. The men, who are all Arab or South Asian, were detained for being “suspected terrorists” and claim that they were abused by prison guards and subjected to extended solitary confinement.In 2002, they filed a class action lawsuit againt then-Attorney General John Ashcroft, then-FBI Director Robert Mueller and other federal and local law enforcement officials.Wednesday’s decision allows that suit to go forward.“The Constitution defines the limits of the Defendants’ authority,” the two judges wrote, “detaining individuals as if they were terrorists, in the most restrictive conditions of confinement available, simply because these individuals were, or appeared to be, Arab or Muslim exceeds those limits.”
  • The lawsuit is Turkmen v. Ashcroft.
Paul Merrell

ITAR-TASS: World - Foreign Ministry outraged by Russian citizen's detention by US secre... - 0 views

  • Russia considers the detention of the Russian citizen Roman Seleznyov by US secret services as Washington's unfriendly step, the Russian Foreign Ministry said on Tuesday. “As it became known, July 5, Russian citizen Roman Seleznyov was detained in the international airport of the city of Male, the capital of Maldives,” the ministry recalled. “On the same day, he was forced by agents of American secret service into a private jet and delivered to Guam Island. This fact has been already confirmed by the US Department of Homeland Security.” “We consider the incident as another Washington’s unfriendly step,” the Russian Ministry of Foreign Affairs stressed.
  • “It is not the first time that the US kidnaps a Russian citizen ignoring the 1999 mutual legal assistance agreement,” the ministry said. “In particular, the same occurred with Viktor Bout and Konstantin Yaroshenko, who were brought by force in the USA from third countries and convicted on questionable charges.” “Noteworthy that we are not informed about the claims lodged against our compatriots, furthermore, as in Seleznyov’s case, they don’t even inform Russia’s diplomatic agencies about their detention,” the ministry emphasized.
  • State Duma member representing the Liberal Democratic Party (LDPR)  Valery Seleznyov has confirmed his son Roman had been detained by US secret service in the Maldives. “I am now in negotiations with the Russian Foreign Ministry. Kidnapping is a crime,” he told ITAR-TASS on Tuesday. “The country must protect its citizens, and Roman should go back to Russia.” Earlier on Tuesday, Valery Seleznyov dubbed a provocation media reports saying that his son Roman was allegedly arrested in the USA on suspicion of a cyber attack, data theft and computer-related fraud.
Paul Merrell

CIA Torture Architects Settle With Survivors Avoiding Publicity Of Trial - 0 views

  • Two psychologists, James Mitchell and Bruce Jessen, who were contracted by the CIA to develop torture techniques, agreed to a confidential settlement with torture survivors. The American Civil Liberties Union (ACLU) sued Mitchell and Jessen on behalf of Suleiman Abdullah Salim, Mohamed Ahmed Ben Soud, and the family of Gul Rahman. The lawsuit alleged the CIA contractors committed crimes that included water torture, forcing prisoners into boxes, and chaining prisoners in painful stress positions to walls.
  • Mitchell, Jessen, and plaintiffs agreed to release the following joint statement: Drs. Mitchell and Jessen acknowledge that they worked with the CIA to develop a program for the CIA that contemplated the use of specific coercive methods to interrogate certain detainees.” Plaintiff Gul Rahman was subjected to abuses in the CIA program that resulted in his death and in pain and suffering for his family. Plaintiffs Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud were also subjected to coercive methods in the CIA program, which resulted in pain and suffering for them and their families. Plaintiffs assert that they were subjected to some of the methods proposed by Drs. Mitchell and Jessen to the CIA and stand by their allegations regarding the responsibility of Drs. Mitchell and Jessen. Drs. Mitchell and Jessen assert that the abuses of Mr. Salim and Mr. Ben Soud occurred without their knowledge or consent and that they were not responsible for those actions. Drs. Mitchell and Jessen also assert that they were unaware of the specific abuses that ultimately caused Mr. Rahman’s death and are also not responsible for those actions.” Drs. Mitchell and Jessen state that it is regrettable that Mr. Rahman, Mr. Salim, and Mr. Ben Soud suffered these abuses.
  • The settlement comes after Judge Justin Quackenbush denied a last-ditch effort by Mitchell and Jessen to get the lawsuit dismissed. They invoked the cases of accused Nazi war criminals to argue they should not be held responsible for the torture techniques they developed. Quackenbush was not persuaded by the contractors’ arguments and suggested a “finder of fact” might conclude that since they were at secret detention sites they “exercised significant control during individual interrogations.”
  • ...2 more annotations...
  • The settlement is monumental in the sense that James Mitchell and Bruce Jessen are the first individuals to be held responsible, to some degree, for CIA torture in the “War on Terrorism.” “This is a historic victory for our clients and the rule of law,” declared ACLU attorney Dror Ladin. “This outcome shows that there are consequences for torture and that survivors can and will hold those responsible for torture accountable. It is a clear warning for anyone who thinks they can torture with impunity.” However, the CIA investigated the actions of its personnel and determined not a single person committed a crime that deserved prosecution. President Barack Obama’s administration conducted a review of detention and interrogation practices, but they shied away from prosecuting any government officials or interrogators, who were implicated in carrying out torture.
  • The high point of public “accountability” was a study conducted by the Senate Select Committee on Intelligence. A summary of the report clearly established much of the extent to which the CIA carried out brutality against detainees and then sought to conceal it from those who might provide any kind of oversight. It was the Obama administration that opposed individuals, such as Ethiopian native Binyam Mohamed and Canadian citizen Maher Arar, as they sought to hold officials in President George W. Bush’s administration accountable. They took steps to prevent survivors from having their day in court, and that’s partly why the fact that this civil lawsuit nearly made it to trial was significant. With a U.S. president in office now who has praised waterboarding and other forms of torture, this is unlikely to be much of a deterrent on government officials who engage in torture or abuse. It may impact whether private contractors participate in the detention or interrogation of captives. Or it might lead private contractors to ensure there are more clearly laid out terms in contracts to prevent them from being held liable in courts. Still, the survivors achieved some semblance of justice, and given how rare any sliver of justice is when it comes to cases against people implicated in government-sponsored torture, this settlement is inarguably a remarkable outcome.
  •  
    I was hoping to see this case go to trial. Now I'm hoping for the ACLU to turn loose of all the documents they received in discovery.
Paul Merrell

US judge orders detention of VW executive Oliver Schmidt as ′serious′ flight ... - 0 views

  • A Detroit judge has ruled against releasing Volkswagen AG manager Oliver Schmidt, who is awaiting trial over the VW emissions scandal in the US. The German national represented a "serious" flight risk, the judge said.
  • The 48-year-old Schmidt is set to stay in detention until the start of his trial in January 2018, according to the Thursday court ruling. He faces eleven felony counts over accusations that Volkswagen (VW) cheated on emission tests for diesel cars. The fraud and conspiracy charges carry a maximum of 169 years in prison. "The allegations of fraud and conspiracy in this case are very, very serious," said Judge Sean Cox of the US District Court for Eastern Michigan. There was "a serious risk" that Schmidt would not appear before the court if released, he added. Among other things, Schmidt is accused of lying to US officials. He allegedly claimed that technical problems were to blame for discrepancy between diesel emissions in road and laboratory tests. The company later admitted to using a software tool to manipulate the results. Schmidt is one of several VW executives who face charges in the US. He worked as the carmaker's emissions compliance manager. He ran a VW office in Detroit between 2012 and 2015 and later returned to Germany. He was arrested at Miami airport in January 2017 after vacationing in Florida and Cuba. He pleaded not guilty before the Detroit court. Sentence milder in Germany
Paul Merrell

White Helmets in east Aleppo plead for help after regime advances | World news | The Gu... - 0 views

  • The Syrian White Helmets rescue group has urged international organisations to protect its volunteers in rebel-held parts of eastern Aleppo, warning that they face torture and execution. The rescue group said it believed it had less than 48 hours before the Syrian army, backed by Iranian militia, reached the districts in which it has been operating.
  • “If we are not evacuated, our volunteers face torture and execution in the regime’s detention centres,” the group said. “We have good reason to fear for our lives.”
  • The White Helmets in Aleppo fear they will be “be treated as terrorists” and could face detention or execution by advancing regime troops. “We hold the ICRC [International Committee of the Red Cross], the United Nations and the [UN] security council responsible for our lives and we call on you to secure safe passage,” a statement added. Western sources said there were credible reports of people being arbitrarily arrested and executed in Aleppo, though there was a lack of firm information. The White Helmets operate in rebel-held territory throughout Syria and have won international acclaim for their work in the aftermaths of attacks. The Bashar al-Assad regime has always described the group as a western propaganda tool, but it contends it has no political affiliation, working only to save civilian lives in highly dangerous circumstances. It was nominated for the Nobel peace prize this year and is backed by UK funds.
Paul Merrell

CIA releases declassified documents on interrogations - POLITICO - 0 views

  • When the Senate Intelligence Committee released its so-called "torture report" in 2014 slamming the Central Intelligence Agency over its harsh interrogation program for terror suspects, CIA Director John Brennan memorably declared: “I think there is more than enough transparency that has happened over the last couple of days....I think it’s over the top.”A year and a half later, under pressure from at least two Freedom of Information Act lawsuits, the spy agency is pulling back the curtain further on the Rendition, Detention and Interrogation Program by releasing declassified versions of 50 documents related to the controversial effort.The newly disclosed CIA records show internal signs of concern about the program ranging from nervousness to disgust. One memo urged people not to make written records of their worries that aspects of the interrogation effort might be illegal.
Gary Edwards

Obama Comes Out of the Closet and Embraces Gay Marriage « azizonomics - 0 views

  •  
    Good discussion about the crap being thrown at Americans, as big media bangs the drum of nonsense, and the "sturm und drang" of election politics rolls on.  What really matters is what's not being discussed; the destruction of America, American individual liberty, and our Constitutional way of life.   excerpt: It just seems like an easy issue for Obama to posture on, while trampling the Constitution into the dirt. When it comes to civil liberties, Obama has always talked a good game, and then acted more authoritarian than Bush. He talked about an end to the abuses of the Bush years and an open and transparent government, yet extended the Fourth-Amendment-shredding Patriot Act, empowered the TSA to produce naked body scans and engage in humiliatingly sexual pat-downs, signed indefinite detention of American citizens into law, claimed and exercised the power to assassinate American citizens without trial, and aggressively prosecuted whistleblowers. Under his watch the U.S. army even produced a document planning for the reeducation of political activists in internment camps. Reeducation camps? In America? And some on the left are still crowing that talking about being in favour of gay marriage makes him "pro-civil liberties"? Is this a joke? Here are a few metrics that we should be judging Obama on: People not in the labour force is spiking:
‹ Previous 21 - 40 of 163 Next › Last »
Showing 20 items per page