European Court of Human Rights Delivers Powerful Condemnation of US Torture Program and Poland’s Role Hosting a CIA “Black Site”

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 »

Making UK Citizens Stateless: Full Text of the Lords’ Debate on Theresa May’s Citizenship-Stripping Powers, March 17, 2014

Yesterday, I published an article entitled, “The UK’s Dangerous and Unacceptable Obsession with Stripping British Citizens of Their UK Nationality,” in which I examined the disturbing trend, under Home Secretary Theresa May, to strip naturalised UK citizens (dual nationals, in other words) of their nationality without any form of due process if she suspects that they have done something “seriously prejudicial” to the UK.

In particular, my article covered Theresa May’s latest plan to extend these tyrannical powers to “deprive someone of their citizenship even if that would make them stateless, but only if the citizenship has been gained through naturalisation and the Home Secretary is satisfied that the deprivation is, in the words of a government new clause introduced by her in the House of Commons, ‘conducive to the public good because the person, while having that citizenship status, has conducted him or herself in a manner which is seriously prejudicial to the vital interests of the United Kingdom.’”

The words above, by Baroness Smith of Basildon, are from a debate in the House of Lords on March 17, 2014 on Theresa May’s proposals, which are contained in Clause 60 of the proposed new Immigration Act (and entitled, “Deprivation if conduct seriously prejudicial to vital interests of the UK”). Baroness Smith also noted, “Currently, the law allows the Home Secretary to deprive a person of their citizenship status for two reasons: first, if the person acquired it using fraud, false representation or concealment of a material fact; or, secondly, if the Home Secretary is satisfied that, in doing so, it is conducive to the public good and that the person would not be left stateless as a result. Clause 60 seeks to amend the second condition to, in the words of a Minister in the other place, ‘ensure that individuals who are a serious threat to this country cannot retain citizenship simply because deprivation would leave them stateless.’” Read the rest of this entry »

The UK’s Unacceptable Obsession with Stripping British Citizens of Their UK Nationality

In January, Theresa May, the British Home Secretary, secured cross-party support for an alarming last-minute addition to the current Immigration Bill, allowing her to strip foreign-born British citizens of their citizenship, even if it leaves them stateless.

The timing appeared profoundly cynical. May already has the power to strip dual nationals of their citizenship, as a result of legislation passed in 2002 “enabling the Home Secretary to remove the citizenship of any dual nationals who [have] done something ‘seriously prejudicial’ to the UK,” as the Bureau of Investigative Journalism described it in February 2013, but “the power had rarely been used before the current government.”

In December, the Bureau, which has undertaken admirable investigation into the Tory-led mission to strip people of their citizenship, further clarified the situation, pointing out that the existing powers are part of the British Nationality Act, and allow the Home Secretary to “terminate the British citizenship of dual-nationality individuals if she believes their presence in the UK is ‘not conducive to the public good’, or if they have obtained their citizenship through fraud.” The Bureau added, “Deprivation of citizenship orders can be made with no judicial approval in advance, and take immediate effect — the only route for people to argue their case is through legal appeals. In all but two known cases, the orders have been issued while the individual is overseas, leaving them stranded abroad during legal appeals that can take years” — and also, of course, raising serious questions about who is supposedly responsible for them when their British citizenship is removed. Read the rest of this entry »

Ten NGOs Withdraw from UK Torture Inquiry, Citing Lack of Credibility and Transparency

As I reported last month, ten NGOs, including Amnesty International, Liberty and Reprieve, announced their intention to boycott the government’s proposed inquiry into UK complicity in torture following the 9/11 attacks, on the first anniversary of Prime Minister David Cameron’s announcement that an inquiry would take place. Although the inquiry was initially greeted with guarded optimism, it rapidly became apparent that it was intended to be a whitewash, as I reported here, here, here and here.

Yesterday, the groups confirmed their intention to boycott the inquiry, sending a letter to the inquiry, asserting that “they will not be participating” and “do not intend to submit any evidence or attend any further meetings with the Inquiry team.”

In the letter, the NGOs said that the inquiry’s protocol and terms of reference showed it would not have the “credibility or transparency” to establish “the truth about allegations that UK authorities were involved in the mistreatment of detainees held abroad.”

As the Guardian reported, “Key sessions will be held in secret and the cabinet secretary will have the final say over what information is made public. Those who alleged they were subject to torture and rendition will not be able to question MI5 or MI6 officers, and foreign intelligence agencies will not be questioned.” Specifically, “Former detainees and their lawyers will not be able to question intelligence officials and all evidence from current or former members of the security and intelligence agencies, below the level of head, will be heard in private.” Read the rest of this entry »

A Good Day for Justice: British Supreme Court Bans Use of Secret Evidence by Intelligence Services

In a triumph for the principles of open justice, and a snub to the Tory-led coalition government, the British Supreme Court ruled unanimously on Wednesday that the government and the intelligence agencies cannot use secret evidence in court to prevent open discussion of allegations that prisoners were subjected to torture.

The appeal, by lawyers for MI5 — but with the explicit backing of the government — sought to overturn a ruling in the Court of Appeal last May, when judges ruled that the intelligence services could not suppress allegations, in a civil claim for damages submitted by six former Guantanamo prisoners, that the British government and its agents had been complicit in their ill-treatment. The six are Bisher al-Rawi, Jamil el-Banna, Richard Belmar, Omar Deghayes, Binyam Mohamed and Martin Mubanga, and they argued, as the Guardian put it, that “MI5 and MI6 aided and abetted their unlawful imprisonment and extraordinary rendition.”

The ruling last May precipitated a huge crisis in the government, as the first of hundreds of thousands of classified documents emerged from the court, revealing the extent to which Tony Blair and Jack Straw were up to their necks in wrongdoing, preventing consular access to a British citizen in Zambia, in Tony Blair’s case, and in Straw’s, approving the rendition of British citizens to Guantanamo the day before the prison opened in January 2002. I covered this story in detail in my article, UK Sought Rendition of British Nationals to Guantánamo; Tony Blair Directly Involved. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, filmmaker, photographer and Guantanamo expert
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