The Global Magazine Of Liberally Applied Critical Examination
by H.P. Albarelli Jr. and Jeffrey Kaye
Originally published at Truthout
On Tuesday, February 10, the British High Court finally released a "seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed." The document is itself a summary of 42 classified CIA documents given to the British in 2002. The US government has threatened the British government that the US-British intelligence relationship could be damaged if this material were released. The revelations regarding Mohamed's torture, which include documentation of the fact the US conducted "continuous sleep deprivation" under threats of harm, rendition, or being "disappeared," were criticized by the British court as being "at the very least cruel, inhuman and degrading treatment by the United States authorities," and in violation of the United Nations Convention Against Torture.
The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed's torture places the implementation of the Bush administration's so-called "enhanced interrogation techniques" many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance. Over the past decade, many Americans have been shocked and disturbed about the CIA's secret program of rendition and torture carried out in numerous secret sites (dubbed "black sites" by the CIA) around the globe. The dimensions of this program for the most part are still classified "Eyes Only" in the intelligence community, but the program's roots can be clearly discovered in the early 1950's with the CIA's Artichoke Project. Perhaps the best and strangest case illustrating this can be found in the agency's own files. This is the so-called "Lyle O. Kelly case." The facts of this case are drawn from declassified government documents.
During his 36-minute speech upon accepting the Nobel Peace Prize in Oslo, Norway Thursday, President Barack Obama explained to an audience of 1,000 how the United States has a "moral and strategic interest" in abiding by a code of conduct when waging war - even one that pits the US against a "vicious adversary that abides by no rules."
"That is what makes us different from those whom we fight," Obama said. "That is a source of our strength. That is why I prohibited torture. That is why I ordered the prison at Guantanamo Bay closed. And that is why I have reaffirmed America’s commitment to abide by the Geneva Conventions. We lose ourselves when we compromise the very ideals that we fight to defend. And we honor those ideals by upholding them not just when it is easy, but when it is hard."
To many human rights advocates, however , Obama’s high-minded declaration rang hollow in light of fresh reports that his administration continues to operate secret prisons in Afghanistan where detainees have allegedly been tortured and where the International Committee for the Red Cross has been denied access to the prisoners.
Obama has substituted words for action on issues surrounding torture since his first days in office nearly one year ago. Last June, on the 25th anniversary of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Obama said the US government "must stand against torture wherever it takes place" and that his administration "is committed to taking concrete actions against torture and to address the needs of its victims."
But it’s clear that his pledge does not apply to torture committed by Bush administration officials.
By David Swanson
The United States of America owes much of the hope it has right now of remaining what John Adams called "a nation of laws, not men" to Italian law enforcement. Were it not for the fact that Italian prosecutors, unlike their American counterparts, answer to the law rather than a president, the enforcement of laws against a massive crime spree by U.S. officials (and their Italian accomplices) would not have begun.
In 2003, the CIA and the United States military kidnapped a man, a political refugee, in Italy. His name was Hassan Mustafa Osama Nasr, also known as Abu Omar. Our CIA agents spied on him from their luxury hotels and gourmet-meal lives in Milano (all paid for by U.S. tax payers). They were told to kidnap Nasr and send him to Egypt to be tortured, and they did so. According to recent statements by two of them, they knew perfectly well they were violating the law. But they were not worried enough at the time to refrain from discussing the matter on their cell phones as they enjoyed the dolce vita and racked up credit card bills wasting the same currency our government claims it has a moral duty not to waste on healthcare.
A week after the Justice Department released documents that described in extraordinary detail the CIA's top secret rendition program, an international human rights tribunal has agreed to take up the case of a German citizen who was "rendered" to a CIA black site prison in Afghanistan and tortured in a case of mistaken identity.
The American Civil Liberties Union filed a petition in April with the Inter-American Commission on Human Rights (IAHCR) on behalf of Khaled El-Masri, a truck driver, detained for four months. El-Masri was first detained in December 2003 in Macedonia by law enforcement authorities of that country for 23 days before being turned over to the CIA.
El-Masri was beaten, stripped and drugged prior to being loaded onto a plane bound for Afghanistan, according to the petition. After several interrogation sessions at the black site prison, the CIA realized they had captured the wrong person. In May 2004, the CIA blindfolded El-Masri, put him on a plane and abandoned him on a hillside in Albania. He was never charged with a crime.
Among the treasure trove of documents released on Monday related to the CIA's detention and torture program is a 20-page background paper that, for the first time, describes in extraordinary detail the process of "rendition" and the torture prisoners are then subjected to when they are flown to "black site" prisons.
The document was turned over to the ACLU in response to the civil liberties group's Freedom of Information Act lawsuit against the government late on Monday evening along with numerous others, including previously undisclosed Justice Department legal opinions.
The background paper clearly illustrated that the torture of detainees was systematic and micromanaged by the top officials at the CIA, the Justice Department, medical professionals and, likely, the White House. Previously, the CIA had refused to disclose any details of its rendition program, citing state secrets.
from Dafna Linzer, ProPublica
April 22, 2009 8:16 am EDT (view source)
Last week, we pointed out that one of the newly released Bush-era memos inadvertently confirmed that the CIA held an al-Qaeda suspect named Hassan Ghul in a secret prison and subjected him to what Bush administration lawyers called "enhanced interrogation techniques." The CIA has never acknowledged holding Ghul, and his whereabouts today are secret.
But Ghul is not the only such prisoner who remains missing. At least three dozen others who were held in the CIA's secret prisons overseas appear to be missing as well. Efforts by human rights organizations to track their whereabouts have been unsuccessful, and no foreign governments have acknowledged holding them. (See the full list.)
