CIA Torture Report Author Says More Than 119 Prisoners Were Held in “Black Sites” and More Than Three Were Waterboarded

Daniel J. Jones, in a screenshot from Vice News’ recent interview with him about the Senate Torture Report, prior to the release of the feature-length docudrama “The Report,” about the creation of the report.

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This week sees the release of “The Report,” an important new feature-length film about the Senate Intelligence Committee’s 6,700-page report about the CIA’s post-9/11 torture program.

The “Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program — more generally known as ‘The Torture Report” — involved a team of five people reading and analyzing over six million CIA documents over the course of five years, and Committee members voted, by nine votes to six, to approve it as an official committee report on December 13, 2012, although the full report has never been publicly released.

Instead, a 500-page executive summary was released in December 2014, in which, as I wrote at the time for Al-Jazeera, the Committee “conclude[d] that torture was ‘not an effective means of acquiring intelligence or gaining cooperation from detainees,’ that the CIA made ‘inaccurate claims’ about the ‘effectiveness’ of the program in an attempt to justify it and that it led to friction with other agencies that endangered national security, as well as providing false statements that led to costly and worthless wild goose chases.”

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Reprieve and MPs Dan Jarvis and David Davis Challenge Government’s Refusal to Launch Official Inquiry Into British Complicity in Torture

Protestor – and US veteran – Bob Meddaugh with a powerful universal message at a protest vigil in Des Moines, Iowa, in December 2010 (Photo: Justin Norman).

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Last week, largely lost in the Brexit fog that engulfs almost all other political activity in the UK these days, the NGO Reprieve, and two principled MPs — Labour’s Dan Jarvis and the Conservative David Davis — launched a legal challenge against the government in connection with a recent ministerial decision to “abandon a promise to hold a judge-led inquiry into torture and rendition involving British intelligence agencies after 9/11,” as the Guardian described it.

Jarvis, Davis and Reprieve have submitted an application for a judicial review in the High Court as the latest step in a decade-long struggle to secure transparency about the UK’s involvement in the Bush administration’s CIA-led program of rendition and torture.

Back in July 2010, shortly after taking office in a coalition with the Liberal Democrats, David Cameron — pushed by the foreign secretary William Hague — announced a judge-led inquiry, as I reported here, telling the House of Commons that he had asked Sir Peter Gibson, a retired judge, to “look at whether Britain was implicated in the improper treatment of detainees held by other countries that may have occurred in the aftermath of 9/11,” and noting that, although there was no evidence that any British officer was “directly engaged in torture,” there were “questions over the degree to which British officers were working with foreign security services who were treating detainees in ways they should not have done.”

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No Escape from Guantánamo: Former Child Prisoner Boycotts Broken Review Process, Calls It “Hopeless”

Former Guantánamo child prisoner Hassan bin Attash, in a photo included in his classified military file, released by WikiLeaks in 2011.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

For the 40 men still held in the US prison at Guantánamo Bay, the wheels of justice have, fundamentally, ground to a halt under Donald Trump.

It’s now nearly ten years since a high-level government review process established by President Obama — the Guantánamo Review Task Force — issued its recommendations about what to do with the prisoners inherited from George W. Bush. The task force recommended that 156 men should be released, that 36 men should be prosecuted, and that 48 others should continue to be held without charge or trial — on the basis that they were regarded as “too dangerous to transfer but not feasible for prosecution” (a self-evidently dubious designation, as it accepted that there were fundamental problems with the so-called evidence used to establish these men’s guilt).

Throughout the rest of his presidency, Obama managed to release all but three of the 156 men that the task force recommended for release, but an evolving crisis in the military commission trial system (which basically involved convictions being overturned because the war crimes for which prisoners had been prosecuted were not internationally recognized war crimes, but had been invented by Congress), meant that half of those originally deemed eligible for prosecution were, instead, lumped in with the 48 men recommended for ongoing imprisonment without charge or trial.

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In Abu Zubaydah Court Case, US Judges Admit That He Was Tortured

An image of Abu Zubaydah by Brigid Barrett for an article in Wired in 2013. The original photo is from the classified US military files released by WikiLeaks in 2011.

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When it comes to the disgraceful US prison at Guantánamo Bay, where men are held — on a seemingly endlessly basis — without charge or trial, and where many of the 40 men still held were the victims of torture in CIA “black sites” before their arrival at the prison, the dominant reaction, from the mainstream US media and the American people in general, as Guantánamo nears the 18th anniversary of its opening, is one of amnesia.

With the valiant exception of Carol Rosenberg, who has been visiting the prison since it opened, and who, these days, is often the only journalist visiting and paying attention to its despairing prisoners and its broken trials, the mainstream media largely pays little or no attention to Guantánamo, as was apparent in June, when a significant court victory for the prisoners — challenging the long-standing nullification of the prisoners’ habeas corpus rights, dating back to 2011 — was completely ignored. I wrote about it here for Close Guantánamo, and also posted it here, where it secured significant interest from the small community of people who still care about the injustices of Guantánamo, but it was dispiriting that no one else noticed.

Two weeks ago, the mainstream US media once more largely failed to notice a significant court ruling relating to Guantánamo — and the US torture program — which was delivered by judges in the Ninth Circuit Court of Appeals in relation to Abu Zubaydah, held at Guantánamo since September 2006, and the prisoner for whom the CIA’s torture program was first developed back in 2002.

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18 Years After 9/11, the Endless Injustice of Guantánamo is Driving Prisoners to Suicidal Despair

The terrorist attacks on New York on September 11, 2001, and the prison at Guantánamo Bay on the day it opened, January 11, 2002.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

18 years ago, on September 11, 2001, the world changed irrevocably, when terrorists, using hijacked passenger planes, attacked the US mainland, killing nearly 3,000 people. In response, the administration of George W. Bush launched a brutal, global “war on terror,” invading Afghanistan to destroy Al-Qaeda and to topple the Taliban government, and embarking on a program of kidnapping (“extraordinary rendition”), torture and the indefinite detention without charge or trial of alleged “terror suspects.”

18 years later, the war in AfghanIstan drags on, the battle for “hearts and minds” having long been lost, a second occupied country — Iraq — illegally invaded on the basis of lies, and of false evidence obtained through torture, remains broken, having subsequently served as an incubator for Al-Qaeda’s savage offshoot, Daesh (or Islamic State), and the program of indefinite detention without charge or trial continues in the prison established four months after the 9/11 attacks, at Guantánamo Bay on the US naval base in Cuba.

Torture, we are told, is no longer US policy and the CIA no longer runs “black sites” — although torture remains permissible in Appendix M of the Army Field Manual, and no one can quite be sure what the US gets up to in its many covert actions around the world.

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Lawyers’ Fears for Guantánamo “Forever Prisoner” Sharqawi Al-Hajj “After Rapidly Declining Health and Suicidal Statements”

Pardiss Kebriaei of the Center for Constitutional Rights (CCR), representing her client Sharqawi al-Hajj outside the White House on January 11, 2018, the 16th anniversary of the opening of the prison at Guantánamo Bay (Photo: Shelby Sullivan-Bennis).

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Disturbing news from the New York-based Center for Constitutional Rights (CCR), who report that one of their Guantánamo clients, Sharqawi al-Hajj, “stated on a recent call with his attorney that he wanted to take his own life.” CCR described this, in a press release, as “a first” in CCR’s long representation of al-Hajj, adding that their attorneys have responded to it “with the utmost seriousness.”

As they further explain, “His suicidal statements follow a steady and observable deterioration of his physical and mental health that his legal team has been raising the alarm about for two years. They are monitoring his condition as best they can, and will provide any further information as soon as they are able.”

In an eloquent statement, CCR’s lawyers said, “When things are in a state of perpetual crisis, as they seem all around today, it is easy to lose sight of just how extreme a situation is, and grow numb to it. We have lost sight of just how extreme the situation in the Guantánamo prison is. We have grown numb to it.”

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17 Years Since the Notorious Yoo-Bybee “Torture Memos,” the US Still Finds Itself Unable to Successfully Prosecute the Men It Tortured

John Yoo, Jay S. Bybee and prisoners on a rendition plane.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

August 1 was the 17th anniversary of a particularly grotesque and dispiriting event in modern US history, one that has ramifications that are still being felt today, even though it was completely unnoticed — or ignored — by the US media. 

On August 1, 2002, Jay S. Bybee, then the Assistant Attorney General for the Office of Legal Counsel (OLC), the branch of the Justice Department responsible for advising the executive branch on what is, and what is not legal, signed off on two blatantly unlawful memos written by OLC lawyer John Yoo, which attempted to re-define torture, and approved its use on Abu Zubaydah, a prisoner of the “war on terror” that the US declared after the terrorist attacks of September 11, 2001, who was being held in a secret prison — a “black site” — run by the CIA.

The memos remained secret until June 2004, when, in the aftermath of the Abu Ghraib scandal, when photos were leaked of torture in a US-run prison in Iraq, one of the Yoo-Bybee memos was also leaked, provoking widespread disgust, although Yoo and Bybee escaped the criticism unscathed. For his services, Bybee was made a judge on the Ninth Circuit Court of Appeals, while Yoo kept his job as a law professor at the University of Berkeley. 

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CIA Torture Unredacted: New Report Fills in Crucial Gaps in 2014 Senate Torture Report

The front cover of “CIA Torture Unredacted”, a 400-page report by Sam Raphael, Crofton Black and Ruth Blakeley, published in London on July 10, 2019.

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Congratulations to Sam Raphael and Ruth Blakeley of The Rendition Project, Crofton Black of the Bureau of Investigative Journalism, and all those who worked with them, for the publication of “CIA Torture Unredacted,” their 400-page report on the CIA’s post-9/11 torture program, which was launched in London last Wednesday, and is available online, in its entirety, here — and see here for a chapter by chapter breakdown.

The report is the culmination of nine years’ work, which began in 2010 with funding from the UK-based Economic and Social Research Council, and which led, in May 2013, to the launch of The Rendition Project website, which, as Ian Cobain and James Ball explained for the Guardian, “mapped the US government’s global kidnap and secret detention programme, shedding unprecedented light on one of the most controversial secret operations of recent years.”

At the time of its initial launch in 2013, The Rendition Project drew on previous work conducted by researchers for a variety of NGOs and international bodies, which included an influential report for the Council of Europe about secret prisons and rendition in Europe, published by Swiss Senator Dick Marty in 2007, a detailed analysis of the secret detention programme for a UN study in 2010, for which I was the lead author, and in which, as I described it in an Al-Jazeera article in 2014, “I sought to ascertain the identities of the 94 ‘ghost prisoners’ in CIA custody — including 28 subjected to ‘enhanced interrogation’ — who were referred to in a memo from 2005 by [US government] lawyer Steven G. Bradbury that was released by the Obama administration in April 2009. Another major report, by the Constitution Project, was published in 2013.

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On the International Day in Support of Victims of Torture, Donald Trump is Holding Children in Detention Centers in Circumstances Comparable to “Torture Facilities”

Migrants outside a makeshift encampment at the US Border Patrol facility in McAllen, Texas, May 15, 2019 (Photo: Loren Elliott/Reuters).

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Tomorrow is the International Day in Support of Victims of Torture, which, I was slightly shocked to realize, I’ve been writing about most years since 2007 — see my reports from 2009, 2010 (and here), 2011, 2012, 2013, 2015, 2017 and 2018.

When it first took place on June 26, 1998, 21 years ago, it was to mark the 11th anniversary of the date in 1987 when the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the UN Convention Against Torture), which I described last year as “an enormous breakthrough in the global moral struggle against the use of torture,” came into effect. As I also explained, June 26 “also marks the date in 1945 when the UN Charter, the founding document of the United Nations, was signed by 50 of the 51 original member countries (Poland signed it two months later).”

For most of the last 12 years, I have focused on the need for the US to be held accountable for the torture it inflicted, in response to the terrorist attacks of September 11, 2011, on prisoners rounded up and tortured in CIA “black sites” around the world, as well as the torture inflicted on prisoners in Guantánamo, in Bagram and numerous other facilities in Afghanistan, and in Iraq, where the use of torture was rife, even though George W. Bush pretended that, unlike in all the other places mentioned above, prisoners were protected by the Geneva Conventions.

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Slow Death at Guantánamo: Why Torture and Open-Ended Arbitrary Detention Are Such Bad Ideas

An undated photo of a prisoner at Guantánamo being escorted by guards (Photo: Chris Hondros / Getty Images).

Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration. If you can help, please click on the button below to donate via PayPal.




 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Let’s be clear about two things before we start: torture and indefinite imprisonment without charge or trial are never acceptable under any circumstances. Torture is prohibited under the UN Convention Against Torture, introduced in 1985 and ratified by Ronald Reagan, and Article 2.2 of the Convention states, unequivocally, “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” 

In addition, indefinite imprisonment without charge or trial is unacceptable because there are only two ways in which it is acceptable for countries that claim to respect the rule of law to deprive someone of their liberty: either by trying them for a crime in federal court, or holding them as a prisoner of war until the end of hostiliites, with the protections of the Geneva Conventions. 

After 9/11, however, the US created a network of torture prisons around the world, and invented a third category of prisoner — illegal or unlawful enemy combatants — who had no rights whatsoever. 

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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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