Remember back in December, when the executive summary of the Senate Intelligence Committee’s report about the CIA’s post-9/11 torture program was published, with its devastating revelations that the use of torture “was not an effective means of acquiring intelligence or gaining cooperation from detainees,” that the CIA’s justification for its use of torture techniques “rested on inaccurate claims of their effectiveness,” that its interrogations “were brutal and far worse than the CIA represented to policymakers and others”? (See my articles here and here).
We all do, of course, and to anyone who has not been fooled by the black propaganda of the torture apologists, it is depressing — if not unpredictable — that, in response, a book has just been published, entitled, Rebuttal: The CIA Responds to the Senate Intelligence Committee’s Study of Its Detention and Interrogation Program, published by the US Naval Institute Press, which attempts to claim that the Senate report is biased.
The book contains contributions from, amongst others, former CIA Directors George Tenet, Porter Goss and Michael Hayden, former chief legal officer John Rizzo and Jose Rodriguez, the former Chief of CIA’s Counterterrorism Center — all of whom have good reasons to hope that a conjuring trick like this will prevent them from being regarded as they should be, as war criminals evading justice, along with other senior Bush administration officials, up to and including George W. Bush, Dick Cheney and Donald Rumsfeld and others, and a number of senior lawyers and advisers. Read the rest of this entry »
I’m sure many of us remember where we were on December 9, 2014, when, two years after it was completed, the 500-page executive summary of the Senate Intelligence Committee’s five-year, 6,700-page, $40m report into the CIA’s post-9/11 torture report was released, which I wrote about here and here.
It was a momentous occasion, for which Sen. Dianne Feinstein, and everyone who worked with her to compile the report and and to publish it (or its executive summary, at least), deserve profound thanks. In dark times, in which the US system of checks and balances has gone awry, this was a bright light in the darkness. It also caused British commentators like myself to reflect on the fact that it was something that would never happen in the UK.
That said, however, the widespread sense of horror that greeted the publication of the executive summary, with its profoundly disturbing details that were unknown before — like the “rectal feeding” of prisoners for example — has not, in the six months since, led to firm action to hold accountable those who authorized and implemented the program, which is, of course, unacceptable. As I wrote at the time in my article for Al-Jazeera: Read the rest of this entry »
It’s been some time since I wrote about Abu Zubaydah (Zayn al-Abidin Muhammad Husayn), one of 14 “high-value detainees” transferred from secret CIA prisons to Guantánamo in September 2006, beyond discussions of his important case against the Polish government, where he was held in a secret CIA torture prison in 2002 and 2003. This led to a ruling in his favor in the European Court of Human Rights last July, and a decision in February this year to award him — and another Guantánamo prisoner and torture victim, Abd al-Rahim al-Nashiri — $262,000 in damages, for which, just last week, a deadline for payment was set for May 16, even though, as the Guardian noted, “neither Polish officials nor the US embassy in Warsaw would say where the money is going or how it was being used.”
I wrote extensively about Abu Zubaydah from 2008 to 2010, when there was generally little interest in his case, and I have also followed his attempts to seek justice in Poland since the investigation by a prosecutor began in 2010, leading to his recognition as a “victim” in January 2011, just before I visited Poland for a brief tour of the film I co-directed, “Outside the Law: Stories from Guantánamo,” with the former Guantánamo prisoner Moazzam Begg.
I have continued to follow Abu Zubaydah’s story in the years since, as other developments took place — when Jason Leopold, then at Al-Jazeera America, got hold of his diaries, which the US authorities had refused to release, and last December, when the executive summary of the Senate Intelligence Committee’s report into the CIA’s torture program was released, and one of Abu Zubaydah’s lawyers, Helen Duffy, wrote an article for the Guardian, entitled, “The CIA tortured Abu Zubaydah, my client. Now charge him or let him go.” This followed the revelations in the report that, if he survived his torture, his interrogators wanted assurances that he would “remain in isolation and incommunicado for the remainder of his life,” and senior officials stated that he “will never be placed in a situation where he has any significant contact with others and/or has the opportunity to be released.” Read the rest of this entry »
On April 14, lawyers for Ahmad Rabbani (aka Mohammed Ahmad Ghulam Rabbani), one of the last few Pakistani prisoners in Guantánamo, “filed an emergency application with the Islamabad High Court, demanding that the Pakistani government intervene immediately in his case,” as the legal action charity Reprieve (which represents Mr. Rabbani) explained in a press release.
The filing notes that Mr. Rabbani “has been unlawfully captured and later on illegally detained, without a charge or notification of any pending or contemplated charges against him since 2001,” and that he “has been repeatedly tortured and subjected to cruel, inhumane and degrading treatment as a result of gross and flagrant violation of national and international law.” The lawyers added that his “unfortunate torture … still continues.”
In addition, the lawyers stated that Mr. Rabbani’s case “involves a matter of urgency, as the fundamental rights, life, health, liberty and dignity of a man, who has been unlawfully detained, admittedly on mistaken identity, without a due process of law or fair trial guarantees, is at stake.” They added, “The ongoing torture, humiliation and deterioration of health of a Pakistani citizen, who has a right over the state institutions to protection of his life, dignity and liberty requires this case to be heard on an urgent basis.” Read the rest of this entry »
I’m just catching up on a story from two weeks ago that I was unable to post at the time because I was busy with another couple of stories — the dismissal of David Hicks’ Guantánamo conviction, and the ongoing campaign to free Shaker Aamer.
The story I didn’t have time to report involved the European Court of Human Rights and the CIA “black site” that existed on Polish soil from December 2002 to September 2003. In July last year, the court delivered an unprecedented ruling — that, as the Guardian described it, Poland “had violated international law by allowing the CIA to inflict what ‘amounted to torture’ in 2002 at a secret facility in the forests of north-east Poland. The court found that Poland ‘enabled the US authorities to subject [the detainees] to torture and ill‑treatment on its territory’ and was complicit in that ‘inhuman and degrading treatment.'”
The ruling dealt with two of the “high-value detainees” held in the site — Abu Zubaydah, a Palestinian born in Saudi Arabia, for whom the torture program was specifically developed, even though it was subsequently discovered that he was not involved with Al-Qaeda, and Abd al-Rahim al-Nashiri, a Saudi accused of involvement in the attack on the USS Cole in 2000. Both men were subjected to the ancient torture technique known as waterboarding, as well as a variety of other torture techniques, and, while Abu Zubaydah is still held without charge or trial, al-Nashiri is facing a war crimes trial in the military commissions at Guantánamo, a process that has been stuck on the pre-trial phase for years, as his defense team tries to raise the question of his torture and prosecutors do all they can to keep it hidden. Read the rest of this entry »
I hope you have time to read my new article for Al-Jazeera English, “Punishment, not apology after CIA torture report” looking at yesterday’s release of the 500-page executive summary of the Senate Intelligence Committee’s 6,700-page report into the CIA’s “Detention and Interrogation Program,” which took five years to complete, and cost $40m; or, in other words, the release of the summary of the Committee’s report about the Bush administration’s torture program, as run by the CIA.
In the article, I run through the history of the secretive program and how knowledge of it became public, from 2004 onwards (and including a mention of the report on secret detention for the UN in 2010, on which I was the lead writer and researcher), and I also look at a few of the genuinely shocking stories that emerge from the executive summary, some of which are shocking even for those of us who have spent years — in my case nearly nine years — researching and writing about the torture program.
I remain worried, however, that the Committee’s important work will be swept under the carpet, and that no one will be held accountable — by which I don’t just mean CIA officials, and James Mitchell and Bruce Jessen, the former SERE psychologists who designed the program (and earned $81m as a result!), as much as those who gave them their orders in the first place; namely, President George W. Bush and Vice President Dick Cheney, and the various lawyers around them — David Addington, William J. Haynes II, John Yoo and Alberto Gonzales, for example — who did so much to initiate the torture program and to attempt to justify it. Read the rest of this entry »
Last week there was some good news from Bagram, in Afghanistan, bringing one of the many long injustices of the “war on terror” to an end, when Amin al-Bakri and Fadi al-Maqaleh, two Yemenis held without charge or trial since 2002 and 2003 respectively, were repatriated.
Al-Bakri, who is 44 or 45 years old and has three children, was a shrimp merchant and gemstone dealer, and was seized in Thailand on a business trip. Al-Maqaleh, who is 30 years old, was held at Abu Ghraib prison in Iraq before being transferred to Bagram. The site of America’s main prison in Afghanistan from 2002 until its handover to the Afghan authorities in March 2013, Bagram (renamed the Parwan Detention Facility in 2009) also housed a secret CIA prison where al-Bakri and al-Maqaleh were held, and they continued to be held in a secretive US facility that was part of the Bagram/Parwan complex after the handover of Bagram to the Afghan government. According to the International Justice Network, which represents both men, they were also held in other “black sites” prior to their arrival at Bagram.
The men’s release follows years of legal wrangling. Despite official silence regarding the stories of the men held in Bagram’s “black site,” lawyers managed to find out about a number of the men held, including al-Bakri and al-Maqaleh, in part drawing on research I had undertaken in 2006 for my book The Guantánamo Files. Habeas corpus petitions were then submitted, for the two Yemenis, and for a Tunisian named Redha al-Najar, seized in Karachi, Pakistan in 2002, and Haji Wazir, an Afghan businessman seized in the United Arab Emirates, also in 2002. Read the rest of this entry »
In January 2015, Mohamedou Ould Slahi, a prisoner at Guantánamo, will become the first prisoner still held to have his memoir published. Guantánamo Diary, which he wrote by hand as a 466-page manuscript, beginning in 2005, will be published in the US by Little, Brown and Company and in the UK by Canongate, and the date of publication is January 20, 2015. His lawyers tenaciously fought for seven years to have his diary declassified, and were ultimately successful, although parts of it remain classified. The publishers describe it as “not merely a vivid record of a miscarriage of justice, but a deeply personal memoir — terrifying, darkly humorous, and surprisingly gracious”, and “a document of immense historical importance”.
A Mauritanian, Mohamedou Ould Slahi is a cousin of Abu Hafs al-Mauritani (real name Mahfouz Ould al-Walid), a spiritual advisor to al-Qaeda, who disagreed with the 9/11 attacks, and he also briefly communicated with the 9/11 attackers while living in Germany. These connections led Col. Morris Davis, the former chief prosecutor of the military commissions at Guantánamo, to describe him as a “Forrest Gump” character, “in the sense that there were a lot of noteworthy events in the history of al-Qaida and terrorism, and there was Slahi, lurking somewhere in the background,” although, as Col. Davis stressed, in early 2007 “we had a big meeting with the CIA, the FBI, the Department of Defense, and the Department of Justice, and we got a briefing from the investigators who worked on the Slahi case, and their conclusion was there’s a lot of smoke and no fire.”
Ironically, Abu Hafs is now a free man, while Slahi is still held. Slahi handed himself in to the Mauritanian authorities on November 2001, and was then rendered to a secret torture prison in Jordan by the CIA, where he was interrogated for eight months until the Jordanians concluded that he was an innocent man. Nevertheless, the US then flew him to to Bagram in Afghanistan, and then on to Guantánamo, where “he was designated a ‘special project’ and subjected to isolation, beatings, sexual humiliation, death threats, and a mock kidnapping and rendition,” as his publishers explained — and as was mentioned in an article in the Guardian. Read the rest of this entry »
Last week there was some extremely important news for those of us who have spent many long years hoping to hold senior US officials — up to and including former President George W. Bush and former Vice President Dick Cheney — accountable for approving and implementing a torture program in the “war on terror,” when the European Court of Human Rights unanimously condemned the US for implementing a program of extraordinary rendition and torture, and condemned Poland for its involvement in the program by hosting a secret torture prison — a CIA “black site” — on its soil in 2002-03.
The rulings were delivered in the cases of two men, Abd al-Rahim al-Nashiri, a Saudi national accused of masterminding the attack on the USS Cole in 2000, and Abu Zubaydah (a Saudi-born Palestinian whose real name is Zayn al-Abidin Muhammad Husayn), mistakenly described as al-Qaeda’s number 3 after his capture in March 2002. In its report on the rulings, the New York Times provided a more appropriate description of Zubaydah as someone who is “believed to have overseen the operation of guesthouses in Pakistan,” who vetted recruits and “provided letters of recommendation allowing them to be accepted for training at a paramilitary camp in Afghanistan” — which, it should be noted, was not affiliated with al-Qaeda.
Both men are currently held at Guantánamo, where they have been since September 2006, but they were held for over four years in “black sites” where they were subjected to torture, including the site in Poland that the European Court of Human Rights highlighted in its rulings. Read the rest of this entry »
I’ve been away since last Wednesday, but I hope that you have time to read my latest article for Al-Jazeera, “Britain’s Latest Counter-Terrorism Disasters,” if you didn’t see it when it was published on the day of my departure (to the WOMAD festival in Wiltshire) and to like it, share it and tweet it if you find it of interest. It concerns two recent problems with the UK’s conduct in the “war on terror” — specifically, the latest embarrassment about British knowledge of what the US was doing with terror suspects on the UK’s Indian Ocean territory of Diego Garcia (a story that has been bubbling away for nearly 12 years), and the colossal waste of time and effort involved in the long UK detention without charge or trial of two British citizens, Babar Ahmad and Talha Ahsan (held for eight and six years), their extradition to the US in October 2012, their plea deals ast December and their sentencing last week, which has led to an order for Talha Ahsan’s immediate release, and a sentence for Babar Ahmad that will probably see him freed in the UK in just over a year.
The US, of course, is severely to blame for both of these policy disasters — through its policy of extraordinary rendition and CIA “black sites” under the Bush administration, which the UK readily supported, and through the UK-US Extradition Act of 2003, which was used to extradite Talha Ahsan and Babar Ahmad, even though it is clearly not a well-functioning system, as the UK government conceded that the two men could not have been put on trial in the UK.
Back in 2008 and 2009, in particular, I wrote extensively about Britain’s revolting counter-terrorism policies in the wake of 9/11: about the high-level attempts to hide British complicity in the torture of Binyam Mohamed, a British resident held in Guantánamo, who had been tortured in Morocco; about the foreign nationals held without charge or trial in the UK, on the basis of secret evidence presented in closed sessions in a special national security court, and the others — including British nationals — held on control orders, a form of house arrest that also involved secret evidence and no trials; and, on occasion, about Diego Garcia (see here, and see my Guardian article here). Read the rest of this entry »
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