Reprieve’s director, Clive Stafford Smith, had been planning to unveil the report at a meeting of the Commons Committee on Foreign Affairs two weeks ago, but when the government pulled the plug on the meeting (as I reported here and here), because Stafford Smith also intended to talk about former Guantánamo prisoner Binyam Mohamed and the recently disclosed evidence that a British spy had visited him while he was being held by the CIA’s proxy torturers in Morocco, his revelation about the identity of Mohammed Saad Iqbal Madni was also shelved.

This was a shame, because Madni’s story also deserves to be thoroughly aired in public. Like Mohamed’s, it involves cover-ups on both sides of the Atlantic, as both the US and UK governments continue to try to hide the full extent of their involvement in a global network of secret torture prisons, in which “ghost prisoners” were subjected to “extraordinary rendition” via a secretive fleet of planes run by the CIA.

How the British government provided the pieces of the jigsaw puzzle

Until last year, claims that prisoners in the “War on Terror” had been rendered through Diego Garcia — leased to the US for a military base that has been described as the United States’ “single most important military facility” — had been flatly denied by the British government. However, on February 21, 2008, the British foreign secretary David Miliband finally admitted that two rendition flights carrying US prisoners had stopped on Diego Garcia in January and September 2002. In a statement to Parliament, Miliband said,

Contrary to earlier explicit assurances that Diego Garcia had not been used for rendition flights, recent US investigations have now revealed two occasions, both in 2002, when this had in fact occurred. An error in the earlier US records search meant that these cases did not come to light. In both cases a US plane with a single detainee on board refuelled at the US facility in Diego Garcia. The detainees did not leave the plane, and the US government has assured us that no US detainees have ever been held on Diego Garcia. US investigations show no record of any other rendition through Diego Garcia or any other Overseas Territory or through the UK itself since then.

On the same day, General Michael Hayden, the director of the CIA, also supplied an apology. “The refuelling, conducted more than five years ago, lasted just a short time,” he wrote, adding, “But it happened. That we found this mistake ourselves, and that we brought it to the attention of the British government, in no way changes or excuses the reality that we were in the wrong. An important part of intelligence work, inherently urgent, complex and uncertain, is to take responsibility for errors and learn from them … Our government had told the British that there had been no rendition flights involving their soil or airspace since 9/11. That information, supplied in good faith, turned out to be wrong.”

At the time, I stated that I thought these concessions reeked of damage limitation, and were designed to curtail further inquiries into the use of Diego Garcia, but Reprieve noticed that an additional comment made by David Miliband in fact raised more questions than answers. “The House will want to know what has become of the two individuals in question,” he said, adding, “There is a limit to what I can say, but I can tell the House the following. The US government has told us that neither man was a British national or a British resident. One is currently in Guantánamo Bay. The other has been released.”

The next piece of the jigsaw puzzle appeared on February 12, 2009, when, in response to a parliamentary question by Andrew Tyrie MP asking about the fate of the prisoner who, in February 2008, was still at Guantánamo, Miliband said, “Both of the individuals rendered through Diego Garcia in 2002 have been returned to their countries of nationality.”

Reprieve then set about working out, from flight logs in its possession, and from the dates when prisoners were released from Guantánamo, the identity of the prisoner who was released between February 2008 and February 2009, and discovered, by a neat process of elimination, that it could only have been Mohammed Saad Iqbal Madni.

The story of Mohammed Saad Iqbal Madni

As I reported after Madni’s release, his case “deserves to be more than a mere footnote in the history of the Bush administration’s vile and unprincipled policies of “extraordinary rendition” and torture,” as the suffering inflicted on the 24-year old Islamic scholar — which involved three months of torture in Egypt, followed by eleven months in the US prison at Bagram airbase in Afghanistan and over five years in Guantánamo — was based not on detailed evidence that he was a terrorist, but on a single ill-advised comment picked up by the Indonesian intelligence services (which, Madni has stated since his release, was not even made by him).

A renowned Islamic scholar, fluent in nine languages and from a wealthy and influential family, Madni maintained throughout his imprisonment that he was betrayed by one of four would-be jihadists whom he met by accident on a trip to Indonesia in November 2001 to sort out family business after his father’s death. “After I went to Indonesia, I got introduced to some people who were not good,” he told his tribunal in Guantánamo, adding, “They were bad people. Maybe I can say they were terrorists. When someone gets introduced to someone, it is not written on their foreheads that they are bad or good.”

In fact, Madni had not been betrayed by one of these men, but had been seized by the CIA after the Indonesian intelligence services, who were monitoring the men he had met — members of the Islamic Defenders Front, an organization that espoused anti-Americanism, but had not been involved in any terrorist attacks — heard him say that bombs could be hidden in shoes, and handed the information on to the CIA.

Although a US intelligence official told Ray Bonner of the New York Times in 2005 that Madni was nothing more than a “blowhard,” who “wanted us to believe he was more important than he was,” and another thought that he would be held for a few days, “then booted out of jail,” more senior officials, in a heightened state of fear following the capture of the inept and mentally troubled British shoe-bomber Richard Reid, demonstrated how casual the Bush administration’s use of “extraordinary rendition” was by rendering him to Egypt, presumably under the mistaken belief that torture would reveal the truth, one way or another.

More recent details of Madni’s rendition and torture

Since Madni’s release, Reprieve has been in touch with him, and he was also featured in a New York Times article in January, which added gruesome details to what was already known of his experiences. Madni explained that he had first suffered physical abuse at the airport in Jakarta, before his rendition flight took off. “One person from Egyptian intelligence, he come and he punch me here, very hard,” Madni said, hitting his chest to make his point, “and he grab me like this and he throw me against the wall.”

On the flight, Madni said, he was “bleeding from his nose, mouth and ears,” and on arrival in Cairo “they make me naked, they torture me.” Locked up in an underground cell like “a grave,” he said that he was held for 92 days, and was interrogated on three occasions soon after his arrival, for 12 to 15 hours at a time. He told the Times that his interrogators were Egyptian, but that “there were other men in the room whose faces were covered and who did not speak, but who passed notes with questions to the Egyptians.” When he refused to concede that he had traveled to Afghanistan and had met Osama bin Laden, he said that the Egyptians tortured him with electric shocks. “I cry and I yell,” he explained, adding, “they gave me brain electric shocks,” and that they also gave him drug-laced drinks “so you don’t know what you are talking about.”

Transferred to Bagram in early April, Madni confirmed that the abuse continued. He explained that a CIA agent told him, “We forgive you; just accept you met Osama bin Laden,” but that despite his refusal to confess, and even though he took several polygraph tests, which showed that he was telling the truth, he was subjected to sleep deprivation for six months, moved from cell to cell every few hours as part of a program that, when it surfaced in Guantánamo, was known euphemistically as the “frequent flier program.”

After his arrival at Guantánamo, on March 23, 2003, Madni was so depressed that, according to Mamdouh Habib, an Australian prisoner, released in January 2005, who had also been rendered for torture in Egypt, “he tried to hang himself twice, and went on three hunger strikes.“ By the time of his release, as the Times described it, “he had difficulty walking, his left ear was severely infected, and he was dependent on a cocktail of antibiotics and antidepressants.”

Everything about Mohammed Saad Iqbal Madni’s treatment at the hands of US forces — and their willing accomplices in Egypt — should be a source of profound shame, and it is no wonder that Madni told the New York Times, “It’s easy for the United States to say no charges were found, but who is responsible for the seven years of my life?” and that his lawyer, Richard L. Cys, said he planned to sue the US government for his client’s unlawful detention, and has filed a lawsuit in the federal courts in the hope of gaining access to his medical records from Guantánamo, which, he hopes, will confirm his account of his torture in Egypt.

The complicity of the UK government

However, Reprieve is also concerned about the complicity of the British government in Madni’s rendition, noting that “the 1976 Exchange of Notes between the UK and US governments in relation to Diego Garcia clearly requires that the UK must be informed of all intended movements of US ships and aircraft on or through” Diego Garcia, and that the Foreign and Commonwealth Office has also “stated that the United States would need to ask permission of the UK should it bring any ‘unlawful combatants’ onto the island.”

Reprieve also pointed out that, in response to questions about why it had taken so long for evidence of the two rendition flights through Diego Garcia to come to light, former foreign secretary Margaret Beckett told the BBC, “It was very difficult for the government … to go back and look at what had happened on previous occasions … [T]here was not a clear, simple trace of record keeping. That may, I don’t know, that may have been the case in the United States also.” Asking why this should have been so, Reprieve noted that “more than one independent source has since suggested that there had been logs of flights through Diego Garcia but the logs had been destroyed.”

That said, Reprieve also provided another explanation of why it may have been “difficult” to source the records, which, while tending to validate the British government’s claims about record keeping, demonstrates instead that approval for the activities of US agents must have come from the highest levels of the British government, through a rather devious arrangement whereby the Bush administration sought approval for its actions from cooperating governments, without necessarily providing them with any details of its activities.

A detailed examination of flights conducted by a well-known CIA rendition plane, a Gulfstream V turbojet identified by its tailfin number N379P, has indicated that it “routinely operated under various ‘special status designators’” (STS), including the designation “STS/STATE,” for which, as Reprieve notes, “the operators were claiming an official status for N379P as an aircraft on state duty, only one category below the aircraft that carry Heads of State [STS/HEAD].”

Moreover, Reprieve has also established, after studying four rendition cases, that “the operators of N379P also declared the plane to have the special status ‘ATFMEXEMPT,’” an even more limited STS designator, which “allows deviations from planned routes and other exemptions.” As Reprieve stated, this “effectively allowed N379P to fly wherever it liked, whenever it liked, without having to file new flight plans.”

Crucially, however, this special status is only granted when “specifically authorized by the relevant national authority,” and is taken very seriously by European air traffic controllers, indicating that approval must have come from the highest levels of the governments involved. As Council of Europe Senator Dick Marty has explained, based on his detailed investigations into “extraordinary rendition,” “Both of these ‘special status’ designations … vouch for the prior knowledge and collaborative planning input of the states whose territory or airspace was being traversed, because such exemptions ‘shall only be used with the proper authority.’”

While these investigations indicate that approval for the passage of US rendition flights through other countries’ airspace required high-level consultations with the governments involved, it should be noted that Reprieve also uncovered evidence indicating that the US may, in fact, have been given blanket approval to conduct “operations against terrorism” without having to provide cooperating governments with any specific details of these operations, using a “military travel order,” approved as part of a largely classified NATO agreement signed on October 4, 2001, in which NATO allies “agreed — at the request of the United States — to take eight measures, individually and collectively, to expand the options available in the campaign against terrorism.”

As Reprieve explained, only two of these measures have been made publicly available, but they certainly seem to provide all the approval the United States would have needed to conduct rendition operations while keeping its allies ignorant of the details. One provides “Blanket overflight clearances for the United States’ and other Allies’ aircraft for military flights related to operations against terrorism,” and the other provides “Blanket access to ports and airfields on NATO territory, including for refuelling, for United States and other Allies for operations against terrorism.”

What about the secret prison?

By revealing the identity of one of the prisoners rendered through Diego Garcia — and, perhaps more importantly, through its investigations of the types of government approval required for rendition flights — Reprieve’s report should renew pressure not only on the British government, but on other cooperating governments, to explain what special measures were adopted after the 9/11 attacks to facilitate “extraordinary rendition” and torture, and, I believe, to open up a debate about both their legality and the fact that they are presumably still in effect, should the Obama administration — or any other NATO member — feel that further renditions are required.

What also needs noting, however, is that, behind the revelation of one man’s identity — and the ongoing question of the identity of the other man rendered through Diego Garcia — is an even more thorny question that has more profound implications for both the British and American governments: whether a secret “War on Terror” prison has existed on the island, or on a ship (or ships) moored in its territorial waters.

This question has been raised since July 2002, when TIME, “quoting a source familiar with the operation,” reported that the alleged senior al-Qaeda operative Abu Zubaydah had been transferred to a prison on Diego Garcia from a US naval ship, and has been reinforced in the years since by other reports, in the US and Spanish media, claiming that other “high-value detainees” — Khalid Sheikh Mohammed, Ramzi bin al-Shibh, the Bali bombing suspect Hambali and two of his alleged associates, and Mustafa Setmariam Nasar, the only one of the six who was not eventually transferred to Guantánamo — were also held on the island, as I reported in a detailed article last summer.

Both Dick Marty and Manfred Novak, the UN’s Special Rapporteur on Terrorism, have stated their belief that prisoners have been held on Diego Garcia. In March 2008, Novak said that he had “received credible evidence from well-placed sources familiar with the situation on the island that detainees were held on Diego Garcia between 2002 and 2003,” and, after consultation with senior CIA officials and other knowledgeable sources, Marty told the Council of Europe, following the publication of a report into “Alleged secret detentions and illegal transfers of detainees involving Council of Europe member states” in June 2006 (PDF), “We have received concurring confirmations that United States agencies have used Diego Garcia, which is the international legal responsibility of the UK, in the ‘processing’ of high-value detainees. It is true that the UK government has readily accepted ‘assurances’ from US authorities to the contrary, without ever independently or transparently inquiring into the allegations itself, or accounting to the public in a sufficiently thorough manner.”

Moreover, confirmation has also come from two sources within the Bush administration. Last summer, a “senior American official” (now retired), who was “a frequent participant in White House Situation Room meetings” after the 9/11 attacks, told Adam Zagorin of TIME that “a CIA counter-terrorism official twice said that a high-value prisoner or prisoners were being interrogated on the island,” and in two interviews with National Public Radio, Barry McCaffrey, a retired four-star US general, who is now professor of international security studies at the West Point military academy, let slip that Diego Garcia had been used to hold terror suspects. In May 2004, he blithely declared, “We’re probably holding around 3,000 people, you know, Bagram air field, Diego Garcia, Guantánamo, 16 camps throughout Iraq,” and in December 2006 he slipped the leash again, saying, “They’re behind bars … we’ve got them on Diego Garcia, in Bagram air field, in Guantánamo.”

In conclusion, it is ten months since the scandal of Diego Garcia’s secret prison last surfaced, and I can only hope that the ordeal of Mohammed Saad Iqbal Madni — and the painstaking research undertaken by Reprieve — will once more give this sordid story to the prominence it deserves.

Note: The description of Diego Garcia as the United States’ “single most important military facility” was made by John Pike, who runs the website GlobalSecurity.org, to David Vine, author of the newly-published book Island of Shame: The Secret History of the US Military Base on Diego Garcia (Princeton University Press). For Dick Marty’s second report on “Secret detentions and illegal transfers of detainees involving Council of Europe member states” (published in June 2007) see here.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK). To receive new articles in your inbox, please subscribe to my RSS feed, and see here for my definitive Guantánamo prisoner list, published in March 2009.

As published exclusively on Cageprisoners.

For a sequence of articles dealing with the use of torture by the CIA, on “high-value detainees,” and in the secret prisons, see: Guantánamo’s tangled web: Khalid Sheikh Mohammed, Majid Khan, dubious US convictions, and a dying man (July 2007), Jane Mayer on the CIA’s “black sites,” condemnation by the Red Cross, and Guantánamo’s “high-value” detainees (including Khalid Sheikh Mohammed) (August 2007), Waterboarding: two questions for Michael Hayden about three “high-value” detainees now in Guantánamo (February 2008), Six in Guantánamo Charged with 9/11 Murders: Why Now? And What About the Torture? (February 2008), The Insignificance and Insanity of Abu Zubaydah: Ex-Guantánamo Prisoner Confirms FBI’s Doubts (April 2008), Guantánamo Trials: Another Torture Victim Charged (Abdul Rahim al-Nashiri, July 2008), Secret Prison on Diego Garcia Confirmed: Six “High-Value” Guantánamo Prisoners Held, Plus “Ghost Prisoner” Mustafa Setmariam Nasar (August 2008), Will the Bush administration be held accountable for war crimes? (December 2008), The Ten Lies of Dick Cheney (Part One) and The Ten Lies of Dick Cheney (Part Two) (December 2008), Prosecuting the Bush Administration’s Torturers (March 2009), Abu Zubaydah: The Futility Of Torture and A Trail of Broken Lives (March 2009), Ten Terrible Truths About The CIA Torture Memos (Part One), Ten Terrible Truths About The CIA Torture Memos (Part Two), 9/11 Commission Director Philip Zelikow Condemns Bush Torture Program, Who Authorized The Torture of Abu Zubaydah? and CIA Torture Began In Afghanistan 8 Months before DoJ Approval, Even In Cheney’s Bleak World, The Al-Qaeda-Iraq Torture Story Is A New Low (all April 2009), Ibn al-Shaykh al-Libi Has Died In A Libyan Prisonдивани (May 2009, and follow the links for further articles about al-Libi). Also see the extensive archive of articles about the Military Commissions.

For other stories discussing the use of torture in secret prisons, see: An unreported story from Guantánamo: the tale of Sanad al-Kazimi (August 2007), Rendered to Egypt for torture, Mohammed Saad Iqbal Madni is released from Guantánamo (September 2008), A History of Music Torture in the “War on Terror” (December 2008), Seven Years of Torture: Binyam Mohamed Tells His Story (March 2009), and also see the extensive Binyam Mohamed archive. And for other stories discussing torture at Guantánamo and/or in “conventional” US prisons in Afghanistan, see: The testimony of Guantánamo detainee Omar Deghayes: includes allegations of previously unreported murders in the US prison at Bagram airbase (August 2007), Guantánamo Transcripts: “Ghost” Prisoners Speak After Five And A Half Years, And “9/11 hijacker” Recants His Tortured Confession (September 2007), The Trials of Omar Khadr, Guantánamo’s “child soldier” (November 2007), Former US interrogator Damien Corsetti recalls the torture of prisoners in Bagram and Abu Ghraib (December 2007), Guantánamo’s shambolic trials (February 2008), Torture allegations dog Guantánamo trials (March 2008), Sami al-Haj: the banned torture pictures of a journalist in Guantánamo (April 2008), Former Guantánamo Prosecutor Condemns “Chaotic” Trials in Case of Teenage Torture Victim (Lt. Col. Darrel Vandeveld on Mohamed Jawad, January 2009), Judge Orders Release of Guantánamo’s Forgotten Child (Mohammed El-Gharani, January 2009), Bush Era Ends With Guantánamo Trial Chief’s Torture Confession (Susan Crawford on Mohammed al-Qahtani, January 2009), Forgotten in Guantánamo: British Resident Shaker Aamer (March 2009), A Child At Guantánamo: The Unending Torment of Mohamed Jawad (June 2009) and the extensive archive of articles about the Military Commissions.

The news will, however, be an embarrassment to the US government, which has persistently denied claims that it operated a secret “War on Terror” prison on Diego Garcia, and will be a source of even more consternation to the British government, which is more closely bound than its law-shredding Transatlantic neighbor to international laws and treaties preventing any kind of involvement whatsoever in kidnapping, “extraordinary rendition” and the practice of torture.

This is not the first time that TIME has exposed the existence of a secret prison on Diego Garcia. In 2003, the magazine broke the story that Hambali, one of 14 “high-value detainees” transferred to Guantánamo in September 2006, was being held there, and in the years since confirmation has also come from other sources. Twice, in 2004 and 2006, Barry McCaffrey, a retired four-star US general, who is now professor of international security studies at the West Point military academy, revealed the prison’s existence. In May 2004, he blithely declared on MSNBC’s Deborah Norville Tonight, “We’re probably holding around 3,000 people, you know, Bagram air field, Diego Garcia, Guantánamo, 16 camps throughout Iraq,” and in December 2006 he spoke out again, saying, in an NPR interview with Robert Siegel, “They’re behind bars … we’ve got them on Diego Garcia, in Bagram air field, in Guantánamo.”

The prison’s existence was also confirmed by Dick Marty, a Swiss senator who produced a detailed report on “extraordinary rendition” for the Council of Europe in June 2007 (PDF) and by Manfred Novak, the UN’s Special Rapporteur on Torture, in March this year. Having spoken to senior CIA officers during his research, Marty told the European Parliament, “We have received concurring confirmations that United States agencies have used Diego Garcia, which is the international legal responsibility of the UK, in the ‘processing’ of high-value detainees,” and Manfred Novak explained to the Observer that “he had received credible evidence from well-placed sources familiar with the situation on the island that detainees were held on Diego Garcia between 2002 and 2003.” The penultimate piece of the jigsaw puzzle came in May, when El Pais broke the story that “ghost prisoner” Mustafa Setmariam Nasar, whose current whereabouts are unknown, was imprisoned on the island in 2005, shortly after his capture in Pakistan — although the English-speaking press failed to notice.

Despite these previous disclosures, today’s article, by Adam Zagorin, is particularly striking because of the high-level nature of the source, and his admission that “the CIA officer surprised attendees by volunteering the information, apparently to demonstrate that the agency was doing its best to obtain valuable intelligence.” In addition, the source noted that “the US may also have kept prisoners on ships within Diego Garcia’s territorial waters, a contention the US has long denied.”

Zagorin also spoke to Richard Clarke (at the time the National Security Council’s Special Advisor to President Bush regarding counter-terrorism), who explained, “In my presence, in the White House, the possibility of using Diego Garcia for detaining high value targets was discussed.” Although Clarke “did not witness a final resolution of the issue,” he added, “Given everything that we know about the administration’s approach to the law on these matters, I find the report that the US did use the island for detention or interrogation entirely credible,” and he also pointed out that using the island for interrogations or detentions without British permission “is a violation of UK law, as well as of the bi-lateral agreement governing the island.”

Zagorin’s source did not name the prisoners, but it seems clear that the period he was referring to (“2002 and possibly 2003”) was when three particular “high-value detainees” — Abu Zubaydah, Khalid Sheikh Mohammed and Ramzi bin al-Shibh — are reported to have been held on the island, and it seems entirely plausible, therefore, that after these three were transferred to another secret CIA facility in Poland, the prison was used not only to hold Hambali, but also to hold the two other “high-value detainees” captured with him — Mohammed bin Lep (aka Lillie) and Mohd Farik bin Amin (aka Zubair). The addition of Mustafa Setmariam Nasar, who, it seems, may have been held into 2006, not only confirms that a secret prison existed, but that it was possibly in use for four years straight.

These damaging revelations seal Diego Garcia’s reputation as a quagmire of injustice. A British sovereign territory — albeit one that was leased to the United States nearly 40 years ago, when the islanders were shamefully discarded by the British government and exiled to face destitution and death by misery in Mauritius — Diego Garcia has long been a source of shame to opponents of modern colonial activity. Until now, however, the only admission that any activities connected with the “War on Terror” had taken place on the island came in February, when, after years of denials on the part of the British government, David Miliband, the Foreign Secretary, finally conceded that requests for information from his US counterparts had revealed that, in 2002, two rendition flights had refuelled on the island. “In both cases,” Miliband stated with confidence, “a US plane with a single detainee on board refuelled at the US facility in Diego Garcia. The detainees did not leave the plane, and the US Government has assured us that no US detainees have ever been held on Diego Garcia.”

The British government had been provoked to action by critics within the UK, in particular the All-Party Parliamentary Group on Extraordinary Rendition, led by the Tory MP Andrew Tyrie, and the legal action charity Reprieve, which represents 30 prisoners in Guantánamo, but the story appeared to grind to a halt when Michael Hayden, the CIA’s director, stepped forward to deny that Diego Garcia had ever been used as a “War on Terror” prison.

“That is false,” Gen. Hayden said when asked if a secret prison had existed on Diego Garcia, adding, as the New York Times put it, that “neither of the two detainees carried aboard the rendition flights that refuelled at Diego Garcia ‘was ever part of the CIA’s high-value terrorist interrogation program.’” He also explained that one of the detainees “was ultimately transferred to Guantánamo,” while the other “was returned to his home country,” which was identified by State Department officials as Morocco. “These were rendition operations,” he added, “nothing more.”

Four weeks ago, however, the story resurfaced once more, as David Miliband reported the results of his latest request for information from his US counterparts. This concerned a list of rendition flights, which, in the opinion of Reprieve and the All-Party Parliamentary Group, may also have passed through British territory, but the Foreign Secretary was confident that there was no further evidence to be mined, stating, “The United States Government confirmed that, with the exception of two cases related to Diego Garcia in 2002, there have been no other instances in which US intelligence flights landed in the United Kingdom, our Overseas Territories, or the Crown Dependencies, with a detainee on board since 11 September 2001.”

Yet again, the assurances of his US colleagues did nothing to assuage the critics. Reprieve noted that the British government “intentionally failed to ask the right questions of the US, and accepted implausible US assurances at face value,” and added, presciently, “This remains a transatlantic cover-up of epic proportions. While the British government seems content to accept whatever nonsense it is fed by its US allies, the sordid truth about Diego Garcia’s central role in the unjust rendition and detention of prisoners in the so-called ‘War on Terror’ cannot be hidden forever.”

Just three days after David Miliband’s last attempt to draw a line under the story, the British Foreign Affairs Select Committee published its latest report on the British Overseas Territories (PDF), and was scathing about Diego Garcia, declaring that “it is deplorable that previous US assurances about rendition flights have turned out to be false. The failure of the United States Administration to tell the truth resulted in the UK Government inadvertently misleading our Select Committee and the House of Commons. We intend to examine further the extent of UK supervision of US activities on Diego Garcia, including all flights and ships serviced from Diego Garcia.”

Today’s revelations, of course, leave the US administration looking like bald-faced liars and the British government looking like myopic dupes. Whether Michael Hayden was also duped is not known, but his strenuous denial, just five months ago, that a secret prison existed, which was manned by his own employees, will do nothing for the credibility of the US administration, which likes to pretend that it does not torture and has nothing to conceal, but is persistently discovered not only being economical with the truth, but also behaving exactly as though it has guilty secrets to hide.

Whether this scandal will awaken much indignation in the American public remains to be seen, but it is hugely damaging to the British government, which is legally responsible for the activities that take place on its territory, however much it likes to hide behind “assurances” from its leaseholders that they have done nothing wrong.

It scarcely seems possible, but Diego Garcia’s dark history has suddenly grown even darker.

The prisoners held on Diego Garcia

Abu Zubaydah (Zayn al-Abidin Muhammad Husayn). Saudi, b. 1971. Seized in Faisalabad, Pakistan in a joint operation by Pakistani forces and the FBI on 28 March 2002, he is regarded by the administration as a senior al-Qaeda operative and training camp facilitator, although this has been disputed by former FBI interrogator Dan Coleman, who has described him as a minor logistician with a split personality.

In February 2008, Gen. Michael Hayden, the director of the CIA, admitted that Abu Zubaydah was one of three prisoners who had been subjected to waterboarding (an ancient torture technique that involves controlled drowning) in CIA custody. Held initially in Thailand, and later in Poland, he is one of 14 “high-value detainees” transferred to Guantánamo in September 2006. At his tribunal in 2007, he denied being a member of al-Qaeda, and made a point of mentioning that he had been tortured. He has not yet been put forward for trial by Military Commission.

Khalid Sheikh Mohammed. Kuwaiti/Pakistani, b. 1964 or 1965. The supposed mastermind of the 9/11 attacks, Mohammed (commonly known as KSM) was seized in Rawalpindi, Pakistan on March 1, 2003. Like Abu Zubaydah, he was subjected to waterboarding, and is also presumed to have been held initially in Thailand, and later in Poland. Transferred to Guantánamo in September 2006, he confessed to being “responsible for the 9/11 operation, from A to Z” at his tribunal in 2007, but also made a point of mentioning that he had been tortured. He was put forward for trial by Military Commission in February, and will face the death penalty if convicted.

Rumors that KSM was held on Diego Garcia have surfaced sporadically over the years, one example being an article in the Toronto Star on July 2, 2005 (mirrored here), in which Lynda Hurst spoke to John Pike, a US defense analyst. Pike, who told Hurst that he believed that KSM had been held on Diego Garcia, explained, “Diego Garcia is an obvious place for a secret facility. They want somewhere that’s difficult to escape from, difficult to attack, not visible to prying eyes and where a lot of other activity is going on. Diego Garcia is ideal.”

Ramzi bin al-Shibh. Yemeni, b. 1972. A friend of the Hamburg cell that led the 9/11 attacks, bin al-Shibh was seized in a raid in Karachi, Pakistan on September 11, 2002. He was reportedly intended as the 20th hijacker, but was unable to obtain a visa to enter the United States, and subsequently worked closely with KSM in planning the attacks. Transferred to Guantanamo in September 2006, he is also presumed to have been held initially in Thailand, and later in Poland, but his presence on Diego Garcia has long been suspected, because analyses of flight records have revealed that a plane flew from Pakistan to Diego Garcia immediately after his capture. He refused to take part in his tribunal in 2007, but was put forward for trial by Military Commission in February, and will face the death penalty if convicted.

Hambali (Riduan Isamuddin). Indonesian, b. 1966. Seized in Ayutthaya, Thailand in a joint operation by Thai forces and the CIA on 11 August 2003, he is regarded as the main link between al-Qaeda and its Indonesian counterpart, Jemaah Islamiyah (JI). He is alleged to have been one of the planners of the Bali bombings in October 2002, which killed over 200 people, and was transferred to Guantánamo in September 2006. At his tribunal in 2007, he said that he resigned from JI in 2000, and was not involved with al-Qaeda or with any bombings or plots. He has not yet been put forward for trial by Military Commission.

Lillie (Mohammed Nazir bin Lep) and Zubair (Mohd Farik bin Amin). Malaysians, seized with Hambali, little is known of these two men, beyond claims by the administration that they worked closely with Hambali, although they were both discussed in another TIME article, in October 2003, which examined Hambali’s interrogation logs. They were transferred to Guantánamo in September 2006, but have not yet been put forward for trial by Military Commission.

Mustafa Setmariam Nasar (Abu Musab al-Suri). Syrian/Spanish, b. 1958. Seized in Quetta, Pakistan in October 2005 and handed over to US forces a month later, he is not accused of being involved in direct attacks on US forces, but is wanted in Spain as a witness in connection with the 2004 Madrid train bombings. Regarded as one of the most significant proponents of universal jihad, his writings include a 1600-page book, The Global Islamic Resistance Call, which was published on the internet in 2004. A critic of al-Qaeda, he reportedly fell out with Osama bin Laden in 1998, and has stated that the 9/11 attacks were catastrophic for the jihadi cause. Unlike the six prisoners mentioned above, he was not transferred to Guantánamo in September 2006, and it is not known, therefore, whether he is being held in a secret CIA prison or if he has been rendered to a third country.

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison, which includes extensive chapters on rendition and secret prisons. The book is published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK. To receive new articles in your inbox, please subscribe to my RSS feed, and see here for my definitive Guantánamo prisoner list, published in March 2009.

As published on Antiwar.com, Indymedia, CounterPunch and ZNet. An edited version was published on the Huffington Post.

For a sequence of articles dealing with the use of torture by the CIA, on “high-value detainees,” and in the secret prisons, see: Guantánamo’s tangled web: Khalid Sheikh Mohammed, Majid Khan, dubious US convictions, and a dying man (July 2007), Jane Mayer on the CIA’s “black sites,” condemnation by the Red Cross, and Guantánamo’s “high-value” detainees (including Khalid Sheikh Mohammed) (August 2007), Waterboarding: two questions for Michael Hayden about three “high-value” detainees now in Guantánamo (February 2008), Six in Guantánamo Charged with 9/11 Murders: Why Now? And What About the Torture? (February 2008), The Insignificance and Insanity of Abu Zubaydah: Ex-Guantánamo Prisoner Confirms FBI’s Doubts (April 2008), Guantánamo Trials: Another Torture Victim Charged (Abdul Rahim al-Nashiri, July 2008), Will the Bush administration be held accountable for war crimes? (December 2008), The Ten Lies of Dick Cheney (Part One) and The Ten Lies of Dick Cheney (Part Two) (December 2008), Prosecuting the Bush Administration’s Torturers (March 2009), Abu Zubaydah: The Futility Of Torture and A Trail of Broken Lives (March 2009), Ten Terrible Truths About The CIA Torture Memos (Part One), Ten Terrible Truths About The CIA Torture Memos (Part Two), 9/11 Commission Director Philip Zelikow Condemns Bush Torture Program, Who Authorized The Torture of Abu Zubaydah?, CIA Torture Began In Afghanistan 8 Months before DoJ Approval, Even In Cheney’s Bleak World, The Al-Qaeda-Iraq Torture Story Is A New Low (all April 2009), Ibn al-Shaykh al-Libi Has Died In A Libyan Prison, Dick Cheney And The Death Of Ibn al-Shaykh al-Libi, The “Suicide” Of Ibn al-Shaykh al-Libi: Why The Media Silence?, Two Experts Cast Doubt On Ibn al-Shaykh al-Libi’s “Suicide”, Lawrence Wilkerson Nails Cheney On Use Of Torture To Invade Iraq, In the Guardian: Death in Libya, betrayal by the West (in the Guardian here) (all May 2009), Lawrence Wilkerson Nails Cheney’s Iraq Lies Again (And Rumsfeld And The CIA), and WORLD EXCLUSIVE: New Revelations About The Torture Of Ibn al-Shaykh al-Libi (June 2009). Also see the extensive archive of articles about the Military Commissions.

For other stories discussing the use of torture in secret prisons, see: An unreported story from Guantánamo: the tale of Sanad al-Kazimi (August 2007), Rendered to Egypt for torture, Mohammed Saad Iqbal Madni is released from Guantánamo (September 2008), A History of Music Torture in the “War on Terror” (December 2008), Seven Years of Torture: Binyam Mohamed Tells His Story (March 2009), and also see the extensive Binyam Mohamed archive. And for other stories discussing torture at Guantánamo and/or in “conventional” US prisons in Afghanistan, see: The testimony of Guantánamo detainee Omar Deghayes: includes allegations of previously unreported murders in the US prison at Bagram airbase (August 2007), Guantánamo Transcripts: “Ghost” Prisoners Speak After Five And A Half Years, And “9/11 hijacker” Recants His Tortured Confession (September 2007), The Trials of Omar Khadr, Guantánamo’s “child soldier” (November 2007), Former US interrogator Damien Corsetti recalls the torture of prisoners in Bagram and Abu Ghraib (December 2007), Guantánamo’s shambolic trials (February 2008), Torture allegations dog Guantánamo trials (March 2008), Sami al-Haj: the banned torture pictures of a journalist in Guantánamo (April 2008), Former Guantánamo Prosecutor Condemns “Chaotic” Trials in Case of Teenage Torture Victim (Lt. Col. Darrel Vandeveld on Mohamed Jawad, January 2009), Judge Orders Release of Guantánamo’s Forgotten Child (Mohammed El-Gharani, January 2009), Bush Era Ends With Guantánamo Trial Chief’s Torture Confession (Susan Crawford on Mohammed al-Qahtani, January 2009), Forgotten in Guantánamo: British Resident Shaker Aamer (March 2009), and the extensive archive of articles about the Military Commissions.

Diego Garcia and the surrounding islands — known collectively as the Chagos Islands — were shamefully cleared of their existing population in the late 1960s, to make way for a US airbase on Diego Garcia itself. This was a manifestation of the “special relationship” between the UK and the US, which involved the old empire facilitating its successor’s global reach, in exchange for a significant discount on the UK’s Polaris nuclear missile programme.

Ever since, the exiled Chagossians have been attempting to regain access to their ancestral lands, but with limited success. Although successive British governments have toned down the racist rhetoric used at the time of the islanders’ forced removal — when official documents referred to them as “Tarzans or Men Fridays” — Diego Garcia and the Chagos Islands have remained at the forefront of a colonial mindset that has never quite been extirpated from the Foreign Office’s mentality.

Although the islanders won a stunning victory in the High Court in 2000, which ruled that their expulsion had been illegal, the government fought back in 2003, when Prime Minster Tony Blair invoked an ancient and archaic “royal prerogative” to strike down their claims once more. Although the court of appeal reversed this decision in May 2006, ruling that the islanders’ right to return was “one of the most fundamental liberties known to human beings,” it was clear that, in the struggle between a group of cruelly disposed islanders on the one hand, and the US military-industrial complex on the other, the Chagossians’ fight was far from over.

Last week, just after a party of Chagossians visited London to hear lawyers for the Foreign Office appealing in the House of Lords against the 2006 verdict and claiming, as the Guardian put it, that “[a]llowing the Chagossian islanders to go back to their Indian Ocean homes would be a ‘precarious and costly’ operation,” and that “the United States had said that it would also present an ‘unacceptable risk’ to its base on Diego Garcia,” David Miliband, the foreign secretary, delivered a short statement relating to the other scandal of Diego Garcia: its use for “extraordinary rendition” flights in the “War on Terror.”

After years of denials by the British government that rendition flights had passed through Diego Garcia, David Miliband admitted in February that he had just been informed by his US counterparts that, upon searching their records, they had discovered that two flights had stopped on Diego Garcia in 2002. “In both cases a US plane with a single detainee on board refuelled at the US facility in Diego Garcia,” Miliband said. “The detainees did not leave the plane, and the US Government has assured us that no US detainees have ever been held on Diego Garcia. US investigations show no record of any other rendition through Diego Garcia or any other Overseas Territory or through the UK itself since then.”

At the time, I noted that this appeared to be a sly form of damage limitation, as there was compelling evidence that, far from being used on just two occasions as a transit point, the island had actually housed a secret prison. Three examples will suffice for now, although it’s a safe bet that more revelations are forthcoming.

In October 2003, Time magazine ran an exclusive feature by Simon Elegant focusing on the imprisonment of Hambali, a “high-value detainee,” who spent years in various secret CIA prisons — including Diego Garcia — until he was transferred to Guantánamo in September 2006. Other evidence came from Council of Europe investigator (and Swiss senator) Dick Marty, who reported in June 2006 that, having spoken to senior CIA officers during his research, he had “received concurring confirmations that United States agencies have used Diego Garcia, which is the international legal responsibility of the UK, in the ‘processing’ of high-value detainees.’”

The final piece of evidence came from inside the US administration itself, when Barry McCaffrey, a retired four-star US general, and currently a professor of international security studies at the West Point military academy, let slip on two occasions that Diego Garcia had housed a secret prison. In May 2004, he blithely declared, “We’re probably holding around 3,000 people, you know, Bagram air field, Diego Garcia, Guantánamo, 16 camps throughout Iraq,” and in December 2006 he slipped the leash again, saying, “They’re behind bars … we’ve got them on Diego Garcia, in Bagram air field, in Guantánamo.”

David Miliband’s statement last Thursday did nothing to suggest that the British government had any intention of pushing the matter further with its US allies, even though, as the sovereign power in charge of the islands, the ministers are unable to evade responsibility for what has taken place on Diego Garcia.

Rather feebly, the foreign secretary stated that, after sending a list of possible rendition flights that may have passed through British territory to the US authorities, “The United States Government confirmed that, with the exception of two cases related to Diego Garcia in 2002, there have been no other instances in which US intelligence flights landed in the United Kingdom, our Overseas Territories, or the Crown Dependencies, with a detainee on board since 11 September 2001.”

Reprieve, the legal action charity that has spent several years investigating “extraordinary rendition” and secret prisons, responded by pointing out that the British government “intentionally failed to ask the right questions of the US, and accepted implausible US assurances at face value,” noting that the Foreign Office had declined to ask the US government for the names of the prisoners transported via Diego Garcia in 2002, that it had failed to ask if any other rendition flights had passed through Diego Garcia, even if, as the US asserted, no other planes landed there, and had also failed to ask whether any other flights passed through UK territory en route to engaging in “extraordinary rendition,” which would make the UK complicit in the crime.

The British government faced a fresh barrage of criticism just three days later, when the Foreign Affairs Select Committee published its latest report (PDF) on the Overseas Territories. With reference to Diego Garcia, the Committee declared that “it is deplorable that previous US assurances about rendition flights have turned out to be false. The failure of the United States Administration to tell the truth resulted in the UK Government inadvertently misleading our Select Committee and the House of Commons. We intend to examine further the extent of UK supervision of US activities on Diego Garcia, including all flights and ships serviced from Diego Garcia.”

For good measure, the Committee also had harsh words about the government’s treatment of the Chagossians, noting, “We conclude that there is a strong moral case for the UK permitting and supporting a return … for the Chagossians. The FCO (Foreign Office) has argued that such a return would be unsustainable, but we find these arguments less than convincing.”

Under pressure on two fronts over Diego Garcia, it remains to be seen whether the government can once more worm its way out of trouble. Tory MP Andrew Tyrie, who chairs the all-party parliamentary group on extraordinary rendition, is keen not to let this happen. Speaking after the report was published, he chastised the foreign secretary for dismissing his concerns about “extraordinary rendition” when he first raised the issue last October. “The Foreign Secretary persistently gave me the brush-off. He said we could rely on US assurances,” Tyrie said, adding, “My allegations were correct. The Foreign Secretary’s brush-off was not just misplaced, it was a disgrace.”

Reprieve was even more blunt, stating, “This remains a transatlantic cover-up of epic proportions. While the British government seems content to accept whatever nonsense it is fed by its US allies, the sordid truth about Diego Garcia’s central role in the unjust rendition and detention of prisoners in the so-called ‘War on Terror’ cannot be hidden forever.”

Andy is the author of The Guantanamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK). To receive new articles in your inbox, please subscribe to my RSS feed, and see here for my definitive Guantánamo prisoner list, published in March 2009.

As published on Indymedia, CounterPunch and ZNet.