Third Victim of CIA Torture in Poland Granted Victim Status, as European Court of Human Rights Prepares to Hear Evidence

It’s almost exactly eight years since Dana Priest of the Washington Post first broke the story, on November 2, 2005, that, “according to current and former intelligence officials and diplomats from three continents,” the CIA had been “hiding and interrogating some of its most important al-Qaeda captives at a Soviet-era compound in Eastern Europe … part of a covert prison system set up by the CIA nearly four years ago that at various times has included sites in eight countries, including Thailand, Afghanistan and several democracies in Eastern Europe, as well as a small center at the Guantánamo Bay prison in Cuba.”

The Post bowed to pressure from the Bush administration not to reveal the name of any of the countries in Eastern Europe, but just days later, on November 7, 2005, Human Rights Watch announced that the facilities were in Poland — on the grounds of an intelligence training facility near the village of Stare Kiejkuty, in the north east of the country — and Romania. In June 2007, Council of Europe special investigator Dick Marty issued a detailed report about Europe’s role in the US rendition and torture program in which he stated that he had “enough evidence to state” that there definitely had been CIA prisons in Poland and Romania. It later emerged, in December 2009, that a third European torture prison was in Lithuania, but to this day no one in the Bush administration or the CIA has been held accountable for America’s post-9/11 torture program.

Since the stories of the secret prisons first emerged, only Poland has shown any willingness to tackle the revelations with anything approaching the rigor they deserve. The Romanian government has refused to even acknowledge the existence of its prison, despite a detailed investigation exposing its existence, conducted by the Associated Press and Germany’s ARD Panorama, and although the Lithuanian government opened an official investigation, it was closed in 2011 when the government claimed that there was insufficient evidence, also citing restrictions imposed by its statute of limitations. Read the rest of this entry »

Torture: The Elephant in the Room at Guantánamo’s Military Commissions

For seven and a half years now, I have watched as the United States has tried and failed to make its trial system at Guantánamo — the military commissions — function in a way that has any kind of legitimacy.

That, however, is impossible, because the trials involve made-up war crimes, invented by Congress, and, as we see on a regular basis when pre-trial hearings are held in the cases of Khalid Sheikh Mohammed (KSM) and four other men accused of involvement in the 9/11 attacks, because there is an unresolvable tension at the heart of the most serious trials — those involving the “high-value detainees,” like KSM and his co-defendants, and also Abd al-Rahim al-Nashiri, another “high-value detainee” charged with involvement in the bombing of the USS Cole in 2000, all of whom were held — and tortured — in secret “black sites” run by the CIA in countries including Thailand and Poland.

This tension was highlighted in “You Can’t Gag Somebody and Then Want to Kill Them,” an article for the Huffington Post last week by Katherine Hawkins, a researcher and lawyer who recently worked as the Investigator for the Constitution Project’s Task Force on Detainee Treatment, whose powerful report I discussed here. Read the rest of this entry »

The 9/11 Trial: Torturing Justice

The last time the US government wheeled out Khalid Sheikh Mohammed and the four other men accused of initiating and being involved in the terrorist attacks on September 11, 2001 was in May this year, and, as is usual, the mainstream media turned out in force. That occasion was the formal arraignment of the men, and it was tempestuous, as the defendants largely refused to cooperate. This week, as pre-trial hearings resumed, the mainstream media also returned in force, for proceedings that largely focused on issues of secrecy and transparency.

The rest of the time, sadly, most of the mainstream media doesn’t care much about Guantánamo, even though the prison remains a national disgrace, a place where, beyond the handful of men accused of genuine involvement with terrorism, over half of the remaining 166 prisoners have been cleared for release but are still held, and 46 others are regarded as too dangerous to release, even though insufficient evidence exists to put them on trial.

In other contexts, this would mean that the so-called evidence is actually hearsay, or innuendo — and in fact even the most cursory investigation by serious reporters would reveal that most of what passes for evidence consists of dubious statements made by the prisoners about themselves and their fellow prisoners as a result of torture, other forms of abuse, and bribery. Read the rest of this entry »

Chaos at Guantánamo as the 9/11 Trial Begins

On Saturday, the eyes of the world were on Guantánamo, as Khalid Sheikh Mohammed and four other men accused of planning and facilitating the terrorist attacks of September 11, 2001 — Ramzi bin al-Shibh, Ali Abd al-Aziz Ali, Mustafa Ahmed al-Hawsawi and Walid bin Attash — appeared in a courtroom for the first time since December 2008. All were dressed in white, apparently at the insistence of the authorities at Guantánamo, and most observers made a point of noting that Mohammed’s long gray beard was streaked red with henna.

For the Obama administration and the Pentagon, the five men’s appearance — for their arraignment prior to their planned trial by military commission — was supposed to show that the commissions are a competent and legitimate alternative to the federal court trial that the Obama administration announced for the men in November 2009, but then abandoned after caving in to pressure from Republicans. The five defendants face 2,976 counts of murder — one for each of the victims of the 9/11 attacks — as well as charges of terrorism, hijacking, conspiracy and destruction of property, and the prosecution is seeking the death penalty.

Unfortunately for the administration, the omens were not good. The military commissions have been condemned as an inadequate trial system ever since the Bush administration first resurrected them in November 2001, intending, in the heat of post-9/11 vengeance, to use them to swiftly try and execute those it regarded as terrorists. However, after long delays and chaotic hearings, this first reincarnation of the commissions was struck down as illegal by the Supreme Court in June 2006. The commissions were then revived by Congress a few months later, and were then tweaked and revived by President Obama in the summer of 2009, despite criticism from legal experts. Read the rest of this entry »

The Complete Guantánamo Files: WikiLeaks and the Prisoners Released in 2007 (Part One of Ten)

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Freelance investigative journalist Andy Worthington continues his 70-part, million-word series telling, for the first time, the stories of 776 of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. Adding information released by WikiLeaks in April 2011 to the existing documentation about the prisoners, much of which was already covered in Andy’s book The Guantánamo Files and in the archive of articles on his website, the project will be completed in spring 2012.

This is Part 31 of the 70-part series. 386 stories have now been told. See the entire archive here.

In late April, I worked with WikiLeaks as a media partner for the publication of thousands of pages of classified military documents — the Detainee Assessment Briefs — relating to almost all of the 779 prisoners held at Guantánamo since the prison opened on January 11, 2002. These documents drew heavily on the testimony of the prisoners themselves, and also on the testimony of their fellow inmates (either in Guantánamo, or in secret prisons run by or on behalf of the CIA), whose statements are unreliable, either because they were subjected to torture or other forms of coercion, or because they provided false statements in the hope of securing better treatment in Guantánamo.

The documents were compiled by the Joint Task Force at Guantánamo (JTF GTMO), which operates the prison, and were based on assessments and reports made by interrogators and analysts whose primary concern was to “exploit” the prisoners for their intelligence value. They also include input from the Criminal Investigative Task Force, created by the DoD in 2002 to conduct interrogations on a law enforcement basis, rather than for “actionable intelligence.”

My ongoing analysis of the documents began in May, with a five-part series, “WikiLeaks: The Unknown Prisoners of Guantánamo,” telling the stories of 84 prisoners, released between 2002 and 2004, whose stories had never been told before. This was followed by a ten-part series, “WikiLeaks and the Guantánamo Prisoners Released from 2002 to 2004,” in which I revisited the stories of 114 other prisoners released in this period, adding information from the Detainee Assessment Briefs to what was already known about these men and boys from press reports and other sources. This was followed by another five-part series, “WikiLeaks and the Guantánamo Prisoners Released After the Tribunals, 2004 to 2005,” dealing with the period from September 2004 to the end of 2005, when 62 prisoners were released. Read the rest of this entry »

The 9/11 Trial Timewarp: It’s February 2008 Again

On Tuesday, the Pentagon issued a press release announcing that prosecutors in the Office of Military Commissions at Guantánamo had sworn charges against five prisoners: Khalid Sheikh Mohammed, Ramzi Bin al-Shibh, Walid Bin Attash, Ali Abd al-Aziz Ali and Mustafa al-Hawsawi.

Accusing the five men of being “responsible for the planning and execution” of the 9/11 attacks, the Pentagon added that the eight charges are “conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, hijacking aircraft, and terrorism.”

As the Pentagon proceeded to explain, subject to approval by the Commissions’ Convening Authority, Retired Vice Adm. Bruce MacDonald, prosecutors recommended that the charges “be referred as capital.”

Anyone paying attention will realise that we have been here before, on February 11, 2008, when the Pentagon announced that Khalid Sheikh Mohammed and the the four others named above (plus a sixth man, Mohammed al-Qahtani, against whom the charges were later dropped) were charged with “conspiracy, murder in violation of the law of war, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, destruction of property in violation of the law of war, terrorism and providing material support for terrorism” — and four of them were, in addition, charged with “hijacking or hazarding a vessel.” Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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