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I am very cleareyed about the hurdles to finally closing Guantánamo: The politics of this are tough,” Mr. Obama said during a 17-minute address. “I don’t want to pass this problem on to the next president, whoever it is. And if, as a nation, we don’t deal with this now, when will we deal with it?”

He said the issue had cost him “countless hours” of consternation as he toiled to craft a workable solution to a problem that he inherited from his predecessor, President George W. Bush, and that forced him to apologize on the world stage for an approach to terrorism he never supported.

Reprising arguments he has made since he first campaigned for president, Mr. Obama said the prison had fueled the recruitment efforts of terrorists, harmed American alliances and been a drain on taxpayer dollars.

It was also a final bid to erase what has become a painful and persistent blot on his tenure: his inability to tackle an issue that animated his campaign in 2008 and in many ways encapsulates his approach to national security.

The White House refused on Tuesday, as Mr. Obama’s advisers have done consistently, to rule out the prospect that he would use his constitutional powers as commander in chief, if Congress refuses to act, to close the prison unilaterally before leaving office.

The nine-page plan was immediately rejected by Republican presidential candidates and members of Congress.

“Not only are we not going to close Guantánamo, when I am president, if we capture a terrorist alive, they are not getting a court hearing in Manhattan. They are not going to be sent to Nevada,” Senator Marco Rubio of Florida, a presidential candidate, said at a campaign rally in Las Vegas before the state’s Republican caucus. “They are going to Guantánamo, and we are going to find out everything they know.”

The president’s plan faces steep obstacles, however. Congress has enacted a law banning the military from transferring detainees from Guantánamo onto domestic soil, and lawmakers have shown little interest in lifting that restriction.

The blueprint offered few specifics, refraining from mentioning any of the potential replacement facilities the Pentagon had visited in preparing it, including military prisons in Leavenworth, Kan., and Charleston, S.C., as well as several civilian prisons in Colorado.

At the start of his administration, Mr. Obama noted, Republicans — including his predecessor, George W. Bush, and his rival for the White House, Senator John McCain of Arizona — backed the idea of closing the prison. “This was not some radical, far-left view,” Mr. Obama said. But “the public was scared into thinking that, well, if we close it, somehow we’ll be less safe.”

The Pentagon argued in its proposal that replacing Guantánamo would cost less than keeping detainees at the naval base in Cuba. Upgrading an existing prison could cost as much as $475 million, but would save the government as much as $85 million annually in operational costs compared with Guantánamo, it found.

Democrats, too, were skeptical of the strategy, which centers on bringing to a prison on domestic soil 30 to 60 detainees who are deemed too dangerous to release, while transferring the remaining detainees to other countries.

Human rights groups and lawyers for detainees were divided. Some oppose bringing detainees who are being detained indefinitely without trial onto domestic soil, saying that would simply relocate the problem without solving it.

The Bush administration opened the prison in January 2002 and sent detainees from the Afghanistan war there. It declared that the detainees were not protected by the Geneva Conventions and that courts had no authority to oversee what the government did to prisoners at the base. In the prison’s early years, interrogators frequently used coercive techniques on detainees.

In one of his first acts as president, Mr. Obama issued an executive order instructing the government to shut the prison down within a year. But that proved easier said than done, and as the administration studied how to go about achieving that goal, political support for it melted away.

Mr. Obama has refused to add any more detainees to the 242 he inherited, instead working to chip away at the population. Of the 91 who remain, 35 are recommended for transfer if security conditions can be met, 10 have been charged or convicted before the military commissions system, and 46 have neither been charged with a crime nor approved for transfer.

A parolelike periodic review board is slowly working its way through their numbers and moving some to the transfer list. It was meeting even on Tuesday, senior administration officials said, as Mr. Obama strode into the Roosevelt Room to say, “Let us go ahead and close this chapter.”

violates

Detainees work for up to eight hours a day, 40 hours a week, cleaning bathrooms, showers, toilets, windows, patient rooms and staff offices, waxing floors, and preparing and serving meals. ICE says detainees “shall be able to volunteer for work assignments but otherwise shall not be required to work, except to do personal housekeeping.”

The task force found “no firm or persuasive evidence” that these interrogation methods produced valuable information that could not have been obtained by other means. While “a person subjected to torture might well divulge useful information,” much of the information obtained by force was not reliable, the report says.

The use of torture, the report concludes, has “no justification” and “damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.”

the report’s main significance may be its attempt to assess what the United States government did in the years after 2001 and how it should be judged. The C.I.A. not only waterboarded prisoners, but slammed them into walls, chained them in uncomfortable positions for hours, stripped them of clothing and kept them awake for days on end.

the Constitution Project study was initiated after President Obama decided in 2009 not to support a national commission to investigate the post-9/11 counterterrorism programs, as proposed by Senator Patrick J. Leahy, Democrat of Vermont, and others. Mr. Obama said then that he wanted to “look forward, not backward.” Aides have said he feared that his own policy agenda might get sidetracked in a battle over his predecessor’s programs.

The panel found that the United States violated its international legal obligations by engineering “enforced disappearances” and secret detentions. It questions recidivism figures published by the Defense Intelligence Agency for Guantánamo detainees who have been released, saying they conflict with independent reviews.

It describes in detail the ethical compromise of government lawyers who offered “acrobatic” advice to justify brutal interrogations and medical professionals who helped direct and monitor them. And it reveals an internal debate at the International Committee of the Red Cross over whether the organization should speak publicly about American abuses;

“I had not recognized the depths of torture in some cases,” Mr. Jones said. “We lost our compass.”

it is critical of some Obama administration policies, especially what it calls excessive secrecy. It says that keeping the details of rendition and torture from the public “cannot continue to be justified on the basis of national security” and urges the administration to stop citing state secrets to block lawsuits by former detainees.

The core of the report, however, may be an appendix: a detailed 22-page legal and historical analysis that explains why the task force concluded that what the United States did was torture. It offers dozens of legal cases in which similar treatment was prosecuted in the United States or denounced as torture by American officials when used by other countries.

The report compares the torture of detainees to the internment of Japanese Americans during World War II. “What was once generally taken to be understandable and justifiable behavior,” the report says, “can later become a case of historical regret.”

In contrast, the U.S. military during its last war in Iraq had access to thousands of Iraqi prisoners—and the intelligence they provided. But observers said the lack of detainees this time around reflects an ISIS eager to fight. And it shows the limits of a war in a city littered with bombs and tunnels, and home to hundreds of thousands of civilians.

You can’t do these capture operations in the middle of the urban warfare. It’s too dangerous

In the war against ISIS in Mosul, the number of fighters detained is the dog that doesn’t bark. ISIS repeatedly has urged its troops to fight to the death, declaring anything short of that punishable by execution.

Human Rights Watch offered a more troubling explanation for the lack of reported detainees, saying it believes that Iraqi and Kurdish forces have detained “at least 37 men from areas around Mosul and Hawija suspected of being affiliated with the Islamic State” and that government officials have not allowed those detainees to make outside contact.

To be sure, both Iraqi and Kurdish forces have arrested hundreds of fighters but what it is less clear is how many have remained in custody.

There are international rules for the treatment of prisoners of war but each nation decides how to treat its own criminals. And therefore it is up to the Iraqi government if it will expend resources to bring a case against a prisoner through its tenuous court system.

When roughly 100 ISIS fighters launched a surprise attack last month on the Iraqi city of Rutbah, for example, half the ISIS fighters involved were killed in the 36-hour battle, U.S. Air Force Col. John Dorrian told The Daily Beast.

There could be more ISIS detainees in the weeks ahead, as Iraqi Security Forces and Kurdish Peshmerga fighters start the block-by-block clearance of Mosul, Pentagon officials said, as it will be much harder for ISIS militants to flee in that urban environment. Iraqi security forces and Kurdish Peshmerga forces first reached the city borders last week.

The U.S. troops joining local forces in the push against Mosul are only there in an advisory role, Pentagon officials have said.

One of the court’s newest judges, Gregory Katsas, is recused, presumably because he worked on Guantánamo matters while serving as deputy White House counsel in the Trump administration. The two other Trump-appointed judges are Neomi Rao, who wrote the panel opinion, and Justin Walker, who was not yet on the court when the case was first heard. The appeals court’s longest serving judge still in active service is Karen LeCraft Henderson, appointed by President George H.W. Bush in 1990

“The majority reads our precedent as foreclosing any argument that substantive due process extends to Guantánamo Bay. But we have never made such a far-reaching statement about the clause’s extraterritorial application. If we had, we would not have repeatedly assumed without deciding that detainees could bring substantive due process claims.”

especially the 2008 decision in Boumediene v. Bush that gave the detainees a constitutional right of access to a federal court, enabling them to seek release by means of petitions for habeas corpus. In a speech to the Heritage Foundation in 2010, Judge Randolph compared the five justices in the Boumediene majority to the characters in “The Great Gatsby,” Tom and Daisy Buchanan, “careless people who smashed things up” and “let other people clean up the mess they made.”

The case in which Judge Randolph forcefully presented his argument against due process on Guantánamo, now titled Ali v. Biden, has already reached the Supreme Court in an appeal filed by the detainee, Abdul Razak Ali, in January. The justices are scheduled to consider whether to grant the petition later this month, but last week, Mr. Ali’s lawyers asked the justices to defer acting on the petition until the appeals court decides the al-Hela case. Clearly, the lawyers’ calculation is that a favorable opinion by the full United States Court of Appeals for the District of Columbia Circuit would put the issue in a better light.

It’s a safe bet that there are not five justices on the court today who would have joined the Boumediene majority. The only member of that majority still serving is Justice Stephen Breyer. Three of the four dissenters, all but Justice Antonin Scalia, who died in 2016 (Chief Justice John Roberts and Justices Clarence Thomas and Samuel Alito), are still there.

It’s difficult for detained immigrants to see or even speak to lawyers who live far away, they have no access to email or fax, and the phones sometimes don’t work or are expensive, Argueta said. Communications are done by mail, which slows the process of collecting documentation, filling out forms in English and getting documents translated and notarized.

When detainees are released, it’s often in the evening. If they aren’t fortunate enough to have family waiting for them, they’re driven 30 minutes away to Columbus and left at one of two bus stations. “There is no set time of release, so it’s difficult to formulate plans,” said Rita Ellis, founding member and chief financial officer of Paz Amigos, a volunteer organization that springs into action when bus station staff notify them that a new group of detainees has arrived. The organization helps between 40 and 50 men a month, picking them up, feeding them and often putting them up in a hotel or a spare bedroom at a volunteer's homes. Donations of snacks, clothes and backpacks are handed out and phone calls are made to family members to arrange their travel.

Colonel McCall is the fourth judge to preside at the Guantánamo court in the conspiracy case against Mr. Mohammed and the four other men who are accused of helping to plot the hijackings that killed nearly 3,000 people in New York, Pennsylvania and the Pentagon 20 years ago.

He has been a military judge for just two years, and was recently promoted to colonel, making him the youngest and least experienced of the judges who have overseen the case.

Enter Elkins. Young, articulate and photogenic, she was fired up with outrage over her findings. Her book cut against an abiding belief that the British had managed and retreated from their empire with more dignity and humanity than other former colonial powers, such as the French or the Belgians.

Some academics shared her enthusiasm. By conveying the perspective of the Mau Mau themselves, Britain’s Gulag marked a “historical breakthrough”, says Wm Roger Louis, a historian of the British empire at the University of Texas at Austin. Richard Drayton of King’s College London, another imperial historian, judged it an “extraordinary” book whose implications went beyond Kenya. It set the stage for a rethinking of British imperial violence, he says, demanding that scholars reckon with colonial brutality in territories such as Cyprus, Malaya, and Aden (now part of Yemen).

But many other scholars slammed the book. No review was more devastating than the one that Bethwell A Ogot, a senior Kenyan historian, published in the Journal of African History. Ogot dismissed Elkins as an uncritical imbiber of Mau Mau propaganda. In compiling “a kind of case for the prosecution”, he argued, she had glossed over the litany of Mau Mau atrocities: “decapitation and general mutilation of civilians, torture before murder, bodies bound up in sacks and dropped in wells, burning the victims alive, gouging out of eyes, splitting open the stomachs of pregnant women”. Ogot also suggested that Elkins might have made up quotes and fallen for the bogus stories of financially motivated interviewees. Pascal James Imperato picked up the same theme in African Studies Review. Elkins’s work, he wrote, depended heavily on the “largely uncorroborated 50-year-old memories of a few elderly men and women interested in financial reparations”.

In this very long book, she really doesn’t bring out any more evidence than that for talking about the possibility of hundreds of thousands killed, and talking in terms almost of genocide as a policy,” says Philip Murphy, a University of London historian who directs the Institute of Commonwealth Studies and co-edits the Journal of Imperial and Commonwealth History. This marred what was otherwise an “incredibly valuable” study, he says. “If you make a really radical claim about history, you really need to back it up solidly.

Critics didn’t just find the substance overstated. They also rolled their eyes at the narrative Elkins told about her work. Particularly irksome, to some Africanists, was her claim to have discovered an unknown story

During the Mau Mau war, journalists, missionaries and colonial whistleblowers had exposed abuses. The broad strokes of British misbehaviour were known by the late 60s, Berman argued. Memoirs and studies had added to the picture. Britain’s Gulag had broken important new ground, providing the most comprehensive chronicle yet of the detention camps and prison villages.

among Kenyanists, Berman wrote, the reaction had generally been no more than: “It was as bad as or worse than I had imagined from more fragmentary accounts.”

If, at that late date,” he wrote, “she still believed in the official British line about its so-called civilising mission in the empire, then she was perhaps the only scholar or graduate student in the English-speaking world who did.”

she believes there was more going on than the usual academic disagreement. Kenyan history, she says, was “an old boys’ club”.

“Who is controlling the production of the history of Kenya? That was white men from Oxbridge, not a young American girl from Harvard,” she says.

for years clues had existed that Britain had also expatriated colonial records that were considered too sensitive to be left in the hands of successor governments. Kenyan officials had sniffed this trail soon after the country gained its independence. In 1967, they wrote to Britain’s Foreign Office asking for the return of the “stolen papers”. The response? Blatant dishonesty, writes David M Anderson, a University of Warwick historian and author of Histories of the Hanged, a highly regarded book about the Mau Mau war.

Internally, British officials acknowledged that more than 1,500 files, encompassing over 100 linear feet of storage, had been flown from Kenya to London in 1963, according to documents reviewed by Anderson. Yet they conveyed none of this in their official reply to the Kenyans

The turning point came in 2010, when Anderson, now serving as an expert witness in the Mau Mau case, submitted a statement to the court that referred directly to the 1,500 files spirited out of Kenya. Under legal pressure, the government finally acknowledged that the records had been stashed at a high-security storage facility that the Foreign Office shared with the intelligence agencies MI5 and MI6. It also revealed a bigger secret. This same repository, Hanslope Park, held files removed from a total of 37 former colonies.

A careful combing-through of these documents might normally have taken three years. Elkins had about nine months. Working with five students at Harvard, she found thousands of records relevant to the case: more evidence about the nature and extent of detainee abuse, more details of what officials knew about it, new material about the brutal “dilution technique” used to break hardcore detainees

The British government, defeated repeatedly in court, moved to settle the Mau Mau case. On 6 June 2013, the foreign secretary, William Hague, read a statement in parliament announcing an unprecedented agreement to compensate 5,228 Kenyans who were tortured and abused during the insurrection. Each would receive about £3,800. “The British government recognises that Kenyans were subject to torture and other forms of ill-treatment at the hands of the colonial administration,” Hague said. Britain “sincerely regrets that these abuses took place.” The settlement, in Anderson’s view, marked a “profound” rewriting of history. It was the first time Britain had admitted carrying out torture anywhere in its former empire.

some scholars find aspects of Elkins’s vindication story unconvincing. Philip Murphy, who specialises in the history of British decolonisation, attended some of the Mau Mau hearings. He thinks Elkins and other historians did “hugely important” work on the case. Still, he does not believe that the Hanslope files justify the notion that hundreds of thousands of people were killed in Kenya, or that those deaths were systematic. “Probably most of the historical criticisms of the book still stand,” he says. “I don’t think the trial really changes that.

second debate triggered by the Mau Mau case concerns not just Elkins but the future of British imperial history. At its heart is a series of documents that now sits in the National Archives as a result of Britain’s decision to make public the Hanslope files. They describe, in extensive detail, how the government went about retaining and destroying colonial records in the waning days of empire. Elkins considers them to be the most important new material to emerge from the Hanslope disclosure.

One record, a 1961 dispatch from the British colonial secretary to authorities in Kenya and elsewhere, states that no documents should be handed over to a successor regime that might, among other things, “embarrass” Her Majesty’s Government. Another details the system that would be used to carry out that order. All Kenyan files were to be classified either “Watch” or “Legacy”. The Legacy files could be passed on to Kenya. The Watch files would be flown back to Britain or destroyed. A certificate of destruction was to be issued for every document destroyed – in duplicate. The files indicate that roughly 3.5 tons of Kenyan documents were bound for the incinerator.

. Broadly speaking, she thinks end-of-empire historians have largely failed to show scepticism about the archives. She thinks that the fact that those records were manipulated puts a cloud over many studies that have been based on their contents. And she thinks all of this amounts to a watershed moment in which historians must rethink their field.

Murphy says Elkins “has a tendency to caricature other historians of empire as simply passive and unthinking consumers in the National Archives supermarket, who don’t think about the ideological way in which the archive is constructed”. They’ve been far more sceptical than that, he says. Historians, he adds, have always dealt with the absence of documents. What’s more, history constantly changes, with new evidence and new paradigms. To say that a discovery about document destruction will change the whole field is “simply not true”, he says. “That’s not how history works.”

Some historians who have read the document-destruction materials come away with a picture of events that seems less Orwellian than Elkins’s. Anderson’s review of the evidence shows how the purging process evolved from colony to colony and allowed substantial latitude to local officials. Tony Badger, a University of Cambridge professor emeritus who monitored the Hanslope files’ release, writes that there was “no systematic process dictated from London”

Badger sees a different lesson in the Hanslope disclosure: a “profound sense of contingency”. Over the decades, archivists and Foreign Office officials puzzled over what to do with the Hanslope papers. The National Archives essentially said they should either be destroyed or returned to the countries from which they had been taken. The files could easily have been trashed on at least three occasions, he says, probably without publicity. For a variety of reasons, they weren’t. Maybe it was the squirrel-like tendency of archivists. Maybe it was luck. In retrospect, he says, what is remarkable is not that the documents were kept secret for so many years. What is remarkable is that they survived at all.

Mr. Fair, however, became increasingly racked by guilt. He begins having nightmares. Nightmares in which “someone I know begins to shrink,” becoming so small “they slip through my fingers and disappear onto the floor.” Nightmares in which “there’s a large pool of blood on the floor” that moves as if it’s alive, nipping at his feet.

Mr. Fair draws an alarming portrait of CACI as “disorganized and unprofessional” in its deployment of civilians, not to mention “dangerous and irresponsible”: “as former soldiers and marines, none of us were comfortable with the lack of planning, lack of support and lack of proper supplies,” he writes. “No weapons, no communications equipment, no maps and nothing for first aid. We all expect something to go wrong very soon.”

detainees “are given no information about their status,” he observes, “and they have no way of knowing when or if they will see their families again. Some of them are guilty; some of them are not. All of them are jailed under intolerable circumstances.” Military intelligence officers would tell the Red Cross that an estimated 70 percent to 90 percent of the detainees had been arrested by mistake.

He writes that he and his colleagues were encouraged by supervisors to be “creative,” that they often struggled to understand what detainees were saying because of dialect problems, and that they learned to justify “the use of different forms of torture by calling them enhanced techniques and filling out the appropriate paperwork.

At home, he will come to realize that he needs to earn his way back as a human being: He does not believe he will ever be redeemed, but thinks he is “obligated to try.”

He is still haunted by voices: “the voice of the general from the comfortable interrogation booth, the cries from the hard site, the sobs from the Palestinian chair and the sound of the old man’s head hitting the wall.”“It is nearly impossible to silence them,” he writes. “As I know it should be.”

So the statutory issue in Jennings was whether these statutes, which do not mention bail, should be read as forbidding bail proceedings—or read against the background of the Constitution, which plainly regards bail as a fundamental right? For criminal proceedings, bail hearings are presumed; should immigration detention—which is civil—be an exception? Six of the circuits have said that bail hearings must be held if detention is “prolonged.” The Ninth Circuit, where Jennings originated, ordered that ICE provide bail hearings for its detainees every six months. The detainees would be entitled to release unless ICE could show by “clear and convincing evidence” that they were dangerous to the community or likely to flee.

In dissent, Breyer, joined by Ginsburg and Sotomayor, contended that the constitutional issues in this area are weighty. Though popular discourse increasingly denies this obvious fact, the immigrants immured in the ERO archipelago have constitutional rights. The Fifth Amendment says that “[n]o person shall … be deprived of life, liberty, or property, without due process of law”—and from the founding to the present, “person” has included citizen and alien alike. Some of the immigrants in the class, having been halted at the border, are not, as a matter of immigration law, “in” the United States. But that’s a legal fiction for immigration purposes, Breyer noted:

A CNN report published Thursday found that hundreds of men had been rounded up in Shire, a town in Tigray, on Monday this week. Witnesses described, on condition of anonymity, how Ethiopian and Eritrean soldiers had beaten and harassed the men. They also said the soldiers broke into at least two shelters for people displaced by the conflict, including an abandoned school, before shouting: "We'll see if America will save you now

CNN shared its report with Coons on Thursday. The Senator then raised the issue during a Senate Foreign Relations Committee hearing on Ethiopia, calling for "accountability" for the mass detention.

Eritrean Information Minister Yemane Ghebremeskel denied the reports and dismissed previous CNN reporting, saying: "For how long will you continue to believe at face value any and all 'witness statements' ... We have heard so many planted or false stories."

President Biden said in a statement late Wednesday that he is "deeply concerned by the escalating violence" in Ethiopia and condemned "large-scale human rights abuses taking place in Tigray."

Withdrawing the invitation was "the right thing to do", Monzer Akbik, the National Coalition's chief of staff, told the BBC.

Meanwhile, CNN and UK newspaper the Guardian are reporting claims that the Syrian regime tortured and killed thousands of detainees.

But Iran issued several statements on Monday rejecting any attempt to place conditions on its attendance at the conference

"understood and supported the basis and goal of the conference".

It is unclear whether Iran will be able to join the talks two days later, when they move to Geneva.

it shows a chilling systematic documentation of the bodies, each of which was photographed several times and given a number.

Some 55,000 photographs showing roughly 11,000 dead detainees were smuggled out of Syria by a defector who served as a military police photographer

In May last year, Russian Foreign Minister Sergei Lavrov and US Secretary of State John Kerry agreed to try to bring both sides together.

However, the National Coalition appears resolute that any transitional government will not involve President Bashar al-Assad.

“Our previous Cuba policy was clearly an irritant and a drag on our policy in the region,”

Daniel Ortega, the Nicaraguan president and former Sandinista rebel, was chastising Mr. Obama just days ago, saying the United States deserved the top spot in a new list of state sponsors of terrorism. Then, on Wednesday, he saluted the “brave decisions” of the American president.

“We have to recognize the gesture of President Barack Obama, a brave gesture and historically necessary, perhaps the most important step of his presidency,” Mr. Maduro said.

“It removes an excuse for blaming the United States for things,”

“In the last Summit of the Americas, instead of talking about things we wanted to focus on — exports, counternarcotics — we spent a lot of time talking about U.S.-Cuba policy,” said the official, who was not authorized to speak publicly. “A key factor with any bilateral meeting is, ‘When are you going to change your Cuba policy?’

But while sharp differences persist on many issues, other major Washington policy shifts have recently been applauded in the region, including Mr. Obama’s immigration plan and the resettlement in Uruguay of six detainees from Guantánamo Bay.

“There will be radical and fundamental change,” said Andrés Pastrana, a former president of Colombia. “I think that to a large extent the anti-imperialist discourse that we have had in the region has ended. The Cold War is over.”

Data kept by Correctional Health Services, which oversees care in jails, shows that infections and exposures in the jails crept up during January and February to their highest levels since last spring. A Department of Correction spokesman, in a statement, noted that the average test positivity rate in the jails was lower than in the city at large, though experts warn that the virus’s prevalence in jails can be hard to track.

The Department of Correction said that there were not widespread or systemic shortages of soap or other sanitary materials, and that staff members are subject to discipline for not wearing masks. The department also pointed to the ruling in a lawsuit filed by E.E. Keenan, a lawyer representing current and recent detainees at Rikers, in which a judge declined to order city jails to improve their hygiene regimens.

In the earliest months of the pandemic, public defenders and local officials, led by Mayor Bill de Blasio, pushed for city prosecutors and state courts to release the most vulnerable populations from behind bars and introduced an early release program for people being held on a jail sentence of one year or less.

But none of the measures that the city took to release people were implemented on a continuing basis and the jails population began to grow anew in the summer.

Judges have also set bail and remanded people to pretrial detention in violent felony cases — which are not part of the state bail reform law — at higher rates than before the pandemic, according to a forthcoming report from the center. Alternatives to jail are being used less often. Public defenders said attempts to secure the release of people at high risk for contracting the virus have fallen short in recent months.

At least 700 people are jailed whose cases would likely have been resolved if not for the pandemic, according to the city. An additional 285 who otherwise would have been discharged to state prison to serve sentences are stuck in city jails, as those transfers are currently suspended, the Department of Correction said

“It doesn’t take a mental health professional to say that if somebody is living 24/7 in complete fear of death, that their mental health is not going to be that sound,” said Mr. Keenan, the lawyer who represented Rikers detainees in a lawsuit against the city over jail conditions. A group of guards have also filed a lawsuit saying that jail policies placed them at risk.

For Mr. Churaman, who was transferred to Rikers Island in July after a felony murder conviction was overturned and he awaited a new trial, the time inside was especially difficult.

Rigodis Appling, a Manhattan public defender, said that because her clients in jails experienced no relief from the pandemic — no time at which they were able to feel fully safe from infection — they were in a state of unrelenting anxiety.

Inmates of the same jail caused a similar disturbance in February, according to local reports. It took law enforcement hours to calm that riot. During that outbreak, detainees were able to manipulate their cells' locks and walk around the jail.

House Democrats are examining in part whether his pressure on Ukraine to open investigations into theories about the 2016 election constituted an abuse of power.Sign Up for On Politics With Lisa LererA spotlight on the people reshaping our politics. A conversation with voters across the country. And a guiding hand through the endless news cycle, telling you what you really need to know.Sign Up* Captcha is incomplete. Please try again.Thank you for subscribingYou can also view our other newsletters or visit your account to opt out or manage email preferences.An error has occurred. Please try again later.You are already subscribed to this email.View all New York Times newsletters.The move also creates an unusual situation in which the Justice Department is conducting a criminal investigation into itself.

It was not clear what potential crime Mr. Durham is investigating, nor when the criminal investigation was prompted.

Mr. Trump is certain to see the criminal investigation as a vindication of the years he and his allies have spent trying to discredit the Russia investigation.

Federal investigators need only a “reasonable indication” that a crime has been committed to open an investigation, a much lower standard than the probable cause required to obtain search warrants.

However, “there must be an objective, factual basis for initiating the investigation; a mere hunch is insufficient,” according to Justice Department guidelines.

Mr. Barr expressed skepticism of the Russia investigation even before joining the Trump administration. Weeks after being sworn in this year, he said he intended to scrutinize how it started and used the term “spying” to describe investigators’ surveillance of Trump campaign advisers.

F.B.I. agents discovered the offer shortly after stolen Democratic emails were released, and the events, along with ties between other Trump advisers and Russia, set off fears that the Trump campaign was conspiring with Russia’s interference.

The C.I.A. did contribute heavily to the intelligence community’s assessment in early 2017 that Russia interfered in the 2016 election and tried to tip it in Mr. Trump’s favor, and law enforcement officials later used those findings to bolster their application for a wiretap on a Trump campaign adviser, Carter Page.

Mr. Mueller said that he had “insufficient evidence” to determine whether Mr. Trump or his aides engaged in a criminal conspiracy with the Russians but that the campaign welcomed the sabotage and expected to benefit from it.

Law enforcement officials suspected Mr. Page was the target of recruitment by the Russian government, which he has denied.Mr. Durham has also asked whether C.I.A. officials might have somehow tricked the F.B.I. into opening the Russia investigation. Mr. Durham has indicated he wants to interview former officials who ran the C.I.A. in 2016 but has yet to question either Mr. Brennan or James R. Clapper Jr., the former director of national intelligence. Mr. Trump has repeatedly attacked them as part of a vast conspiracy by the so-called deep state to stop him from winning the presidency.

Mr. Durham has delved before into the secret world of intelligence gathering during the Bush and Obama administrations. He was asked in 2008 to investigate why the C.I.A. destroyed tapes depicting detainees being tortured. The next year, Attorney General Eric H. Holder Jr. appointed Mr. Durham to spearhead an investigation into the C.IA. abuses.

After nearly four years, Mr. Durham’s investigation ended with no charges against C.I.A. officers, including two directly involved in the deaths of two detainees, angering human rights activists.

Over the past several months, the U.S. has been trying to stop Indian migrants before they even reach the border. Last week, Mexico deported more than three hundred Indian migrants who were waiting to cross into the U.S., under a deal with the Trump Administration to avoid tariffs on Mexican exports. In 2016, two anonymous ICE officials described to Buzzfeed the agency’s unofficial policy toward Indian asylum seekers: “Keep them out. If you catch them, detain them.”

When Kumar reached California, he spent a few days in a packed cell, and then he and other asylum seekers were put on buses and planes—with chains around their hands, feet, and stomach, “as if we were some criminals,” Kumar recalled

Kumar ended up in the Otero County Processing Center, an ICE facility managed by a private contractor, where he says his treatment worsened. The officers spoke to Kumar and other Indian asylum seekers in English and Spanish, and refused to provide translators (except when they filled out medical questionnaires), despite the fact that the migrants spoke only Punjabi and Hindi.

Force-feeding is painful and potentially harmful to patients, and organizations including the Red Cross, the American Medical Association, and the World Medical Association consider it medically unethical

But what made Kumar most upset was that he and the other migrants were subjected to “animal-like treatment”—foul language, aggression, and punitive responses to minor violations of the rules. “When they cursed at the Indians and treated them badly, I couldn’t stand seeing it, so I would speak out against them,” Kumar told me. “If I said something, they would put me in the SHU”—the Special Housing Unit, a euphemism for solitary confinement—“for fifteen days, ten days, by myself in a small room.” (ICE did not respond to my request for comment.)

Kumar and other Indian asylum seekers were vegetarian because of their religious beliefs, and the staff sometimes taunted them and made them wait until everyone else got food before they could eat.

In July, Kumar went on a hunger strike to protest his indefinite detention and looming deportation. “I decided if I am going to die, I’ll die here,” he told me. When the officers at Otero saw that Kumar had stopped eating and drinking, they sent him to solitary. A few days later, he could hear the officers putting others in SHU rooms near his. He couldn’t see or talk to them and only later learned that five other Indian men had also gone on hunger strike. He did not know what had sparked their protest, though the Otero staff considered him their ringleader, nonetheless. “I had one demand from the beginning,” he told me. “I just want my freedom. I didn’t ask for anything else.”

n mid-July, Kumar and three other hunger strikers were transferred to the El Paso Service Processing Center’s medical unit, in Texas, where Kumar was at times isolated from the others. ICE obtained a court authorization to force-feed them, a procedure that involves pushing a tube through a patient’s nose and down the esophagus. One of the migrants had just been treated for a nose infection, and, as ICE doctors placed the tube in his nostril, he began spitting blood and lost consciousness. According to Corchado, who also represented this detainee, the doctor administering the tubes told him, “End your hunger strike and we’ll stop this.” He ended the strike that night.

In March of this year, Kumar learned that an immigration judge had rejected his application for asylum, finding the evidence of persecution he had presented not credible, and had ordered his deportation. Kumar filed an appeal. While he waited, he requested to be released on bond, something he had been asking for since he was apprehended, but ICE refused. Though ICE uses punitive measures against detainees, people in immigration detention are officially being held for an administrative violation rather than for a criminal offense, which means that, except in special circumstances, there is no legal limit on how long they can be held.

In January, a group of Indian asylum seekers dubbed the “El Paso Nine” banded together in a collective hunger strike. A court gave authorization for them to be force-fed, but the feeding was stopped after two or three weeks in the face of mounting pressure from politicians, activists, and lawyers. Seven of the strikers were eventually deported, and two were released to await rulings on their cases. But forty-nine members of Congress signed a letter to the Department of Homeland Security demanding an investigation into the use of force-feeding by ICE.

Kumar was taken off the feeding tube after nearly a month and then persisted in his strike. His weight dropped, as did his blood pressure and heart rate. He started getting severe abdominal pains. “I was literally seeing him die in front of me,” Corchado told me.

On September 12th, the court allowed ICE to resume force-feeding Kumar. The judge wrote in his opinion that he couldn’t order ICE to release Kumar, but he scolded the government for not having given Kumar an independent doctor’s evaluation and for what the judge called its “penological” treatment of him.

At the end of his hunger strike, Kumar weighed a hundred and seven pounds. He left the El Paso facility on September 26th and is now staying with an immigration activist in Las Cruces, New Mexico. He is eating solid foods again, and gardening, and he recently enrolled in E.S.L. classes. But he can’t run like he used to, and he’s still regaining his vision after going partially blind from starvation. “I’m not fully recovered,” he told me, two weeks after his release. “There are some mental issues—I can’t remember everything. But I’m better than before.”

In September, the Board of Immigration Appeals agreed to remand Kumar’s asylum case back to the immigration judge, concluding that the initial ruling, which judged Kumar’s testimony to be not credible, was “clearly erroneous.” Kumar’s case will be heard again, in December, by the same judge. His odds are not great—more than forty-one per cent of Indian asylum seekers were ordered to be deported from the United States last year, and the percentage is likely to be even higher this year.

Mr. Raslan’s guilty verdict, they say, bolsters the ability of European courts to pursue similar cases while sending a message to war criminals around the world that they could one day face consequences.

This sends a clear message to the world that certain crimes will not go unpunished.

After more than a decade of war, Mr. al-Assad remains in power, and there appears little chance that he or his senior advisers or military commanders will stand trial soon.

Other potential avenues for justice have also been blocked. Syria is not party to the International Criminal Court in The Hague, and Russia and China have used their vetoes on the United Nations Security Council to prevent Syria from being referred to the court.

Germany is among a few European countries that have sought to try former Syrian officials for war crimes based on universal jurisdiction,

German prosecutors argued that his position gave him oversight of torture that included beating, kicking, electric shocks and sexual assault. Witnesses in the trial said they were fed inedible food, denied medical care and kept in overcrowded cells.

He entered Germany on a visa in 2014 and lived there legally until the German authorities arrested him in 2019.

But his past caught up with him in Germany, where he was tried for crimes against humanity.

When the Syrian conflict broke out in 2011 with protests seeking to topple President Bashar al-Assad, Mr. Raslan was the head of interrogation at a security office in the capital, Damascus.

Beatings were common, the food was inedible, the cells were so crowded that some prisoners had to stand so others could lie down. German prosecutors said at least 4,000 people were tortured and nearly 60 killed under his authority there.

The verdict marks a watershed moment for an international network of lawyers, human rights activists and Syrian war survivors who have struggled for years to bring officials who sanctioned or participated in the violence to justice.

He was arrested in 2019, and his trial began the next year. On Thursday, Mr. Raslan was found guilty of crimes against humanity and was sentenced to life in prison.

When Mahran Aoiun heard that a former Syrian intelligence officer had been sentenced on Thursday to life in prison for overseeing torture at a detention center, it brought back the joy he felt years ago when he was released from a brutal Syrian jail.

The verdict handed down by a court in Koblenz, Germany, against the former officer, Ansar Raslan, stirred complicated feelings among Syrians who were abused in Syrian prisons — some at the hands of Mr. Raslan himself.

Others hoped that Mr. Raslan’s conviction would draw attention to the many more crimes committed during the Syrian war that have not been prosecuted, and to the officials who committed them who are still free.

“Those who are torturing prisoners will think twice after the trial,” he said. “This is an achievement.”

New York Times photographers have covered Syria’s civil war and the humanitarian crisis it has unleashed since the uprising against President Bashar al-Assad began nearly 11 years ago.

A Syrian doctor accused of torturing a detainee in a secret military prison will soon go on trial in Germany on charges of crimes against humanity and causing grievous bodily harm. The doctor, Alaa Mousa, was living in Germany as a refugee when he was arrested in 2020.

German prosecutors built their case with the help of hundreds of Syrian witnesses in Germany and beyond. They indicted Mr. Raslan using “universal jurisdiction,” a legal principle stipulating that in the case of crimes against humanity and genocide, normal territorial restraints on prosecutions do not apply.

The principle is not new. Israel used it during the 1960s trial of the former Nazi official Adolf Eichmann, as did Spain in 1998 when demanding that Britain arrest Gen. Augusto Pinochet, the former Chilean dictator. Previous universal jurisdiction cases in Germany have dealt with crimes committed in Rwanda and the Democratic Republic of Congo, and, more recently, with the genocide of Yazidis in Iraq by former members of the Islamic State.

Germany has the legal basis to prosecute such crimes under the German Code of Crimes Against International Law, which came into effect in 2002, and it has been using it.

“For Germany, it’s also historically the continuation of what we learned from the Nazi period and what we learned about the importance of the Nuremberg trials and the Auschwitz trials for the way we dealt with our past and ultimately for who we are today,”

The Nuremberg trials went after the leading members of the Nazi regime, but also a range of individuals who played a role in Nazi repression, including doctors, business leaders, bureaucrats and propagandists, said Wolfgang Kaleck, a founder of the European Center for Constitutional and Human Rights, which is representing victims in Mr. Raslan’s trial.

Raslan is the first ranking Syrian official to be convicted of war crimes, but he may not be the last.

But several other cases have already been tried or are pending.

Owing partly to its own history in World War II, Germany has become something of a go-to venue for prosecuting crimes against humanity, even if committed outside its own borders. It is also home to hundreds of thousands of Syrian refugees, putting it at the center of efforts to hold the government of President Bashar al-Assad of Syria accountable for war crimes.

Human rights lawyers concede that so far, the trials have targeted low- and middle-ranking Syrian officials or soldiers.

“If you don’t start now, then in 10 years, you cannot get Assad or his chief of intelligence because you have no evidence,” Mr. Kaleck said. “These cases are a way of building a stock of documents, witness statements, of understanding interconnections and gathering knowledge on which you can build future cases.”

Since the Syrian uprising in 2011, Syrian victims, human rights activists and others have filed more than 20 legal complaints against Syrian regime officials for war crimes and other violations of international law, according to Mr. Kaleck’s center.

This body of evidence, which has been growing for over a decade, could be used in different cases.“More has to come, that is clear,” Mr. Kaleck said. “But this is an important step.”

But the decade-long conflict has left the country shattered, killing hundreds of thousands of people, forcing half of the population from their homes and reducing major cities to rubble. Most of those who remain have been left to live in poverty.

The rebellion that began in 2011 as an uprising against Syria’s autocratic president, Bashar al-Assad, escalated into a civil war, but the splinted rebel movement failed to topple the government.

But the war was gruesome. The government employed poison gas, barrel bombs and suffocating sieges on rebellious communities, and waged a ruthless assault on civilian opponents, throwing hundreds of thousands into filthy prisons where many were tortured and killed.

Some Arab countries have begun restoring ties with the government in an effort to move past the war, although strict sanctions by the United States and other Western countries have blocked most investment.

The United States initially provided covert military support to the rebels, but as the war splintered into multiple overlapping conflicts, America shifted its focus to fight the jihadists of the Islamic State, who at their peak controlled nearly a third of eastern Syria.

For Syrian civilians, there is less daily violence now than during the war’s earlier years, but the economy has been destroyed.

More than half of Syria’s prewar population fled their homes during the fighting, and most have not returned, including the 5.6 million refugees who largely live in destitution in neighboring Arab countries.

“Justice has not been fully accomplished,” he said. “This is a small slice of what we are talking about.”

Not long before, the agency had been deeply ambivalent about drone warfare. The Predator had been considered a blunt and unsophisticated killing tool, and many at the C.I.A. were glad that the agency had gotten out of the assassination business long ago. Three years before Mr. Muhammad’s death, and one year before the C.I.A. carried out its first targeted killing outside a war zone — in Yemen in 2002 — a debate raged over the legality and morality of using drones to kill suspected terrorists.

A new generation of C.I.A. officers had ascended to leadership positions, having joined the agency after the 1975 Congressional committee led by Senator Frank Church, Democrat of Idaho, which revealed extensive C.I.A. plots to kill foreign leaders, and President Gerald Ford’s subsequent ban on assassinations. The rise to power of this post-Church generation had a direct impact on the type of clandestine operations the C.I.A. chose to conduct.

John E. McLaughlin, then the C.I.A.’s deputy director, who the 9/11 commission reported had raised concerns about the C.I.A.’s being in charge of the Predator, said: “You can’t underestimate the cultural change that comes with gaining lethal authority. “When people say to me, ‘It’s not a big deal,’ ” he said, “I say to them, ‘Have you ever killed anyone?’ “It is a big deal. You start thinking about things differently,” he added. But after the Sept. 11 attacks, these concerns about the use of the C.I.A. to kill were quickly swept side.