“No Blood, No Foul”

by Katherine

(10th in a series. Previous posts: 1, 2, 3, 4, 5, 6, 7, 8, 9)

Human Rights Watch has a new report out on abuses in Iraq. As important as their report last fall on Captain Fishback’s allegations were, I think this one may be more so. It hammers about 19 nails into the coffin of the "few bad apples" theory.

There are interviews with three soldiers: an interrogator with Task Force 121/6-26 at Camp NAMA; a sergeant with the 82nd airborne at Forward Operating Base Tiger, near the Syrian border; and  Tony Lagouranis, an army interrogator stationed near the Mosul airport.

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Endorsement

It has been absolutely clear since my first post that I would vote for the Democratic nominee for President. I would guess most of you also made up your own minds long ago—I would be a little upset with you if you hadn’t. But this is almost certainly the most important election in my life to date, and I find I can’t keep my mouth shut.

I’ve never been able to figure out George W. Bush. I couldn’t figure him out in the 2000 campaign. Here was this man who proclaimed his own compassion, who spoke of his Christian faith with all apparent sincerity—and presided over the Texas capital punishment system, a well-oiled execution assembly line that makes a mockery of equal protection of the law, the right to counsel, and due process of law, and which has probably killed at least one innocent person.

This is the quotation that explains the Bush administration for me, better than any other:

“They were careless people, Tom and Daisy — they smashed up things and creatures and then retreated back into their money or their vast carelessness or whatever it was that kept them together, and let other people clean up the mess they had made”–The Great Gatsby

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Three down, one to go

I don’t believe in decades-old curses that were magically discovered by sportswriters in 1986 and whose most popular versions get most of the facts wrong. I don’t believe in jinxes either. Hell, I’m not even a real Red Sox fan–1986 was a very good year for me. I can still recite most of the Mets’ … Read more

Red Sawx

I am still too giddy to post in complete sentences, so I’ll just make a list: 1. I figured the most likely outcome was a lopsided Yankee victory, followed by a slugfest where they traded the lead every two innings, followed by a pitching duel that stretched into extra innings and became a question of … Read more

Big Media Me

No, there are not two Boston law students named Katherine obsessed with the topic of extraordinary rendition. I wrote this article. That was probably obvious, huh? I guess my secret identity is out, but I don’t want this site to be google-able during my job search, so I’ll stick with my clever alias. (the R … Read more

Game Seven

Last week I wrote a post on heroism, which ended up as a post on baseball: I am not the only one to find the New York Yankees a soulless lot, am I? Even if Jeter is the upstanding young fellow the announcers make him out to be (not that he is, rassenfrassen’ overrated pretty … Read more

Wha?

Do Tom Coburn and Alan Keyes have some kind of bet to see which one can sound nuttier?? If so, Coburn may be defying the odds and pulling into the lead.

The campaigns of U.S. Senate candidates Democrat Brad Carson and Republican Tom Coburn exchanged sharp remarks Monday over an August comment Coburn made about “rampant” lesbianism in southeastern Oklahoma schools.

At an Aug. 31 town hall meeting, Coburn said: “You know, John Burkeen is our rep down here in the southeast area. He lives in Coalgate and travels out of Atoka.

“He was telling me lesbianism is so rampant in some of the schools in southeast Oklahoma that they’ll only let one girl go to the bathroom. Now, think about it. Think about that issue. How is it that that’s happened to us?”

School officials were confused:

Southeastern Oklahoma educators said they were mystified by Coburn’s August comments.

Joe McCulley, the school superintendent in Coalgate, chuckled when asked about the remark.

“I think he’s spreading rumors. He knows something I don’t know. We have not identified anything like that. We have not had to deal with any issues on that subject — ever,” McCulley said.

Hugo Superintendent Dwight Davidson also was puzzled by the remark.

“Going on six years, I have never heard of one incident of that nature,” he said.

The Carson campaign released the videotape, so there’s not much possibility that he was misquoted. Coburn’s spokesman said the remarks were, you guessed it, “taken out of context.”

I do wonder what the question was.

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Silly Season

Actual quote from someone who knows better: “If Kerry’s not brave enough to be seen drinking French water, what kind of courage can we expect in the infinitely more vital position of commander-in-chief?”

Trusting In the Word of Madmen

EDITED rather dramatically to delete an intro that obscured more than it illuminated. Resolved: Even if extraordinary rendition weren’t immoral, it would be stupid. I don’t expect to convince people who don’t already agree with me that torture isn’t effective–I’m no expert, and I clearly want very badly to believe that it’s not effective. But … Read more

House Votes to Only Sort of Legalize Torture Outsourcing

The House passed the 9/11 Commission bill yesterday on 282-134 vote, but not before they amended the torture outsourcing provision.

To read the NY Times, you’d think we’d won:

House leaders did agree to amend wording that would have allowed the government to deport foreign terror suspects to countries where they could face torture. The amendment, proposed by Representative John Hostettler, Republican of Indiana, would allow the Department of Homeland Security to detain the suspects but would bar deportation until after the State Department had sought assurances that they would not be harmed. “It will protect the American people from dangerous aliens while continuing our nation’s proud history of providing refuge for the innocent,” Mr. Hostettler said.

One problem: the State Department already seeks those assurances. In practice, they provide no protection at all against torture.

We got assurances from Syria that Maher Arar would not be tortured. But he alleges that:

The next day I was taken upstairs again. The beating started that day and was very intense for a week, and then less intense for another week. That second and the third days were the worst. I could hear other prisoners being tortured, and screaming and screaming.

Interrogations are carried out in different rooms. One tactic they use is to question prisoners for two hours, and then put them in a waiting room, so they can hear the others screaming, and then bring them back to continue the interrogation.

The cable is a black electrical cable, about two inches thick. They hit me with it everywhere on my body. They mostly aimed for my palms, but sometimes missed and hit my wrists. They were sore and red for three weeks. They also struck me on my hips, and lower back. Interrogators constantly threatened me with the metal chair, tire and electric shocks.

The tire is used to restrain prisoners while they torture them with beating on the sole of their feet. I guess I was lucky, because they put me in the tire, but only as a threat. I was not beaten while in tire. They used the cable on the second and third day, and after that mostly beat me with their hands, hitting me in the stomach and on the back of my neck, and slapping me on the face. Where they hit me with the cables, my skin turned blue for two or three weeks, but there was no bleeding. At the end of the day they told me tomorrow would be worse. So I could not sleep.

Then on the third day, the interrogation lasted about 18 hours. They beat me from time to time and make me wait in the waiting room for one to two hours before resuming the interrogation. While in the waiting room I heard a lot of people screaming. They wanted me to say I went to Afghanistan. This was a surprise to me. They had not asked about this in the United States.

They kept beating me so I had to falsely confess and told them I did go to Afghanistan. I was ready to confess to anything if it would stop the torture. They wanted me to say I went to a training camp. I was so scared I urinated on myself twice. The beating was less severe each of the following days.

Human rights groups reported on Arar’s torture before he was released. His descriptions are entirely consistent with other prisoners’ and human rights’ groups description of what goes on in Syrian prisons. Off the record U.S. officials admit that Arar was tortured. On November 15, 2003, the New York Times reported that “American officials who spoke on condition of anonymity…say [Arar] confessed under torture in Syria that he had gone to Afghanistan for terrorist training, named his instructors and gave other intimate details.”

But on less than a week later, Ashcroft was still saying it trusted that Syria had not tortured Arar: “I note the statement by the Syrian embassy … regarding the treatment of Mr. Arar,” Ashcroft said, “as that statement is fully consistent with the assurances that the United States government received prior to the removal of Mr. Arar,” he told the Toronto Star. (The article was published on November 21, 2003, p. A13).

Again, it is not only Arar. Sweden received “diplomatic assurances” from Egypt that Ahmed Agiza and Muhamad al-Zery were tortured, and then proceeded to ignore their and cover up their allegations of torture.

According to the Washington Post,

In a report made public shortly afterward, Sven Linder, the Swedish ambassador to Egypt, wrote that Agiza and Zery told him they had been treated “excellently” in prison and that to him “they seemed well-nourished and showed no external signs of physical abuse or such things.”

Another section of the ambassador’s report that remained classified until recently, however, offered a different appraisal. It noted that Agiza had complained that he was subjected to “excessive brutality” by the Swedish security police when he was seized and that he was repeatedly beaten in Egyptian prisons.
According to the Swedish TV show Kalla Fakta:

Kalla Fakta has taken part of original documents which support the testimonies, and which prove that the two men have been systematically tortured, with electricity, blows and kicks.
On at least four occasions, Swedish authorities have received information through different channels from the men about what they have been subjected to.

A full Human Rights Watch report on the worthlessness of diplomatic assurances not to torture is available here.

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Levity

This an open thread for posting the funniest thing you’ve seen this week. I nominate this post. Excerpt: You know, when I started this weblog, there weren’t so many weblogs around. Now there are more. I can’t take all the credit for that, but it’s something I’ve noticed. But weblogging used to be real. It … Read more

House Debating Key Amendment Right Now

Congressman Markey’s amendment will not come before the House floor, but there is an amendment offered by Congressman Bob Menendez, Democrat of New Jersey, that substitutes the Senate version of the 9/11 bill for the current House version. The Senate version of the bill has a stronger national intelligence director with budgetary and personnel authority, … Read more

Give me your poor, your tired, your huddled masses yearning to…psych!

We are a nation of immigrants. You all know this. Most of us had to write an essay about it at some point in elementary school, unless we could get out of it by having our mom bake a loaf of Irish Soda bread or whichever other recipe to honor our heritage.

If the House version of the 9/11 bill becomes law, we will have no right to say it. I’ve focused heavily on the sections legalizing extraordinary rendition, but the awful things is, they are probably not even the worst part of Hastert’s bill. In terms of innocent people sent to torture and death, some of the other anti-immigration provisions would probably do more harm. The ACLU summarizes them here:

Attack on Habeas Corpus (Section 3006) – The House bill would eliminate judicial review of some immigration deportation orders under the ancient “Great Writ” of habeas corpus by channeling virtually all immigration cases to the federal courts of appeals, where appeals in some cases are barred.

Traditionally available to any person, citizen or non-citizen, in the United States as a “safety valve” that allows one final appeal to challenge extreme injustices by the authorities, habeas review would be barred in certain cases involving, for instance:

–Challenges to removal where the deportee is likely to be tortured upon return.
–Attorney malpractice or incompetence.
–Virtually all cases of the unlawful use of “expedited removal,” which allows immigration officials to summarily deport certain non-citizens, including many who are already in the country, if they believe, for instance, that their documents are invalid. Practically, the change could mean that a refugee from the genocide in Sudan who arrives without proper documentation could be sent back without any hearing….

Deportation Before Final Appeal (Section 3009) – The bill would set an extraordinarily high bar for courts to meet before granting “stays” of deportation, even while a deportee’s appeal is pending. Effectively, this section will render those appeals moot in many cases, because the non-citizen will have already been deported.

Deportation to Countries Without a Functioning Government (Section 3033) – The consent of a government to accept a person being deported there is a basic principle in international law. To do otherwise would subject many deportees to extreme human rights violations, torture and even death. The House bill would remove that requirement, allowing the government to deport a person to any country that does not “physically” resist his or her entry….

Asylum Claims Made More Difficult (Section 3007) — Currently, asylum seekers need only show they face persecution based in part on race, religion, nationality or membership in a certain social group. The current law would require one of these criteria to be the “central motive” behind the persecution. This is a significantly higher burden to meet for any asylum claimant who will suffer persecution based on a mixture of these factors, or who will suffer harm that is related, but not directly so, to one of these factors (for instance, an opposition party politician who faces arrest on trumped-up charges).

The section would also allow a judge to require asylum seekers to “corroborate” their claim of persecution, and lowers the ability of other courts to overturn a denial of asylum based on the ruling judge’s demand for corroboration. This is a significantly higher hurdle for asylum seekers, who often lack any ability to prove their claim through anything save their own testimony (imagine, again, a hypothetical Christian refugee who escapes Darfur only by the skin of her teeth). Not surprisingly, asylum-seekers have difficulty obtaining corroborating documents from the very government that is persecuting them.

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Ahmed Agiza & Muhammad al-Zery

Summary
Thanks to excellent reporting by a Swedish TV program and the Washington Post, this case is the best window we have into how “extraordinary rendition” works in practice.

On December 18, 2001, the United States transported Swedish asylum seekers Ahmed Agiza and Muhammad Al-Zery from Sweden’s Bromma airport to Cairo. And for once we have a named witness. Paul Forell, a policeman stationed at the airport that night, described it to the TV show “Kalla Fakta”:

Forell waited with the Swedish security police and two Americans in civilian clothing for the prisoners to arrive. 20 minutes later, the suspects arrived. They were handcuffed, footcuffed and blindfolded. They were each escorted by 3-4 American agents, who were also wearing hoods or balaclavas. Forell said one of the masked American agents was giving orders, and all were “very professional in their way of acting, and if you´d compare with anything it would be the National action force (Swedish elite police unit for special actions). They acted very deftly, swiftly and silently,” and had “absolutely” done this before.

Forell escorted them into a small room, and waited outside. Another, anonymous source told Kalla Fakta that in the changing room, Agiza and al Zery’s clothes were cut off. They were given rectal suppositories, which one witness believed contained sedatives, and dressed in dark overalls.

“When they left the changing-room, they had their clothes changed into overalls, and were still with handcuffs and footcuffs. They were taken out to the cars, and then away,” Forell said.

According to the Washington Post, declassified Swedish government documents “noted that ‘the American side” had offered to help in the deportation “by lending a plane for the transport” and that “”the transport from Sweden to Egypt was carried out with the help of American authorities.”

Airport records obtained by Kalla Fakta show that a Gulfstream V jet registered with an American company identified by the registration/tail number N379P, the same plane that transported Jamil Qasim Saeed Mohammed from Karachi to Cairo, flew from the Swedish airport to Cairo that night.

Agiza and Al Zery were held in the Masra Tora prison, which is just south of Cairo. Agiza’s mother, Hamida Shalaby, says they were tortured there. She told Kalla Fakta,

The mattress had electricity. The mattress. He would lay on it – like this – and his arms in chains on both sides and his legs in chains too. When they connected to the electricity, his body would rise up and then fall down and this up and down would go on until they unplugged electricity.

Shalaby said this happened four times from December 19 to February 20, and “every day” her son was tortured with electrodes while stapped to a chair. She told the Washington Post that

told her during separate visits that he was given electric shocks and that prison doctors tried to cover up scars on his body by applying a special cream. “He couldn’t even pick up his arms to hug me,” she said in an interview. “He was very slow and very tired and very weak.”

Al Zery denied that he’d been tortured in an interview with Kalla Fakta, but it was conducted under the supervision of Egyptian security officers. (Zery has been released from prison, but cannot leave Egypt or indeed his village there & is under tight surveillance.) Zery’s lawyer, Kjell Jonsson, said

It´s evident that he is speaking under coercion…This information, that they have been tortured is now confirmed. It is about very painful torture. They fasten electrodes to the most sensitive parts of the body. That is, genitals, breast nipples, tongue, ear lobes, underarms. There are physicians present to judge how much torture, how much electricity, the prisoners can take. Afterwards the exposed parts are anointed, so that there won´t be marks and scars, and cold water is poured to stop blood clots.

Swedish government documents corroborate these allegations. From the Post:

In a report made public shortly afterward, Sven Linder, the Swedish ambassador to Egypt, wrote that Agiza and Zery told him they had been treated “excellently” in prison and that to him “they seemed well-nourished and showed no external signs of physical abuse or such things.”

Another section of the ambassador’s report that remained classified until recently, however, offered a different appraisal. It noted that Agiza had complained that he was subjected to “excessive brutality” by the Swedish security police when he was seized and that he was repeatedly beaten in Egyptian prisons.

From the Swedish TV show:

Kalla Fakta has taken part of original documents which support the testimonies, and which prove that the two men have been systematically tortured, with electricity, blows and kicks. On at least four occasions, Swedish authorities have received information through different channels from the men about what they have been subjected to.”

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Five Suspects Deported From Malawi to Zimbabwe

(10th post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)
Summary
I just learned about this one a half hour ago. It’s been reported on even less than the other cases in the U.S. press (yoo hoo, U.S. press! Look alive!)–just one news brief and one editorial in Seattle newspapers over a year ago, and no one’s picked up on the Amnesty International report–so I’m posting it out of chronological sequence.

According to Amnesty International, Ibrahim Habaci and Arif Ulusam of Turkey, Faha al Balhi of Saudi Arabi, MUhmud Sardar Issa of the Sudan, and Khalifa Abdi Hassan of Kenya were arrested in Blantyre, Malawi, on June 22, 2003. The arrests were carried out by Malawian police and CIA agents. They were held in secret. Their families lawyers intervened with the High Court of Malawi, which ordered them to be brought before the court in 48 hours.

By then they’d been flown out of the country. On June 26, 2003, a Malawian government official wrote to Amnesty that:

the arrests were not done by the Malawi Police but by the National Intelligence Bureau and the USA Secret Agents who controlled the whole operation. From the time the arrests were made, the welfare of the detainees, their abode and itinerary for departure were no longer in the hands of the Malawian authorities. Thus as a country we did not have the means to stop or delay the operation…In Malawi we do not know where these people are but they are in hands of the Americans who them out of the country using a chartered aircraft. They should now being going through investigations at a location only known by the USA.”

The U.S. ambassador to Malawi denied that the U.S. was responsible for the deportations.

There was some question over where they were taken. According to the Seattle Times, the men were suspected of funneling money to Al Qaeda through Islamic charities, and had been flown to Botswana for interrogation. A Guardian article from August 2003 describes “reports that the Air Malawi plane chartered by the US stopped off in Zimbabwe on the way to a third country, possibly Djibouti or Uganda, where the men were questioned for a month.” Several other sources said that they were interrogated in Zimbabwe for a month.

It seems as if the last story is accurate, based on what one of the prisoner’s told his wife. Robert Mugabe’s Zimbabwe has one of the worst human rights records on the planet, and severe and sometimes fatal torture is widespread there. But fortunately, for once, these men seem not to have been harmed. Ella Ulusam, Arif Usulam’s wife, told Xinhua New Service that her husband had called her from Istanbul,

informing her that they were kept for 29 days in Harare, the capital of Zimbabwean(sic), where US and Malawian intelligence officials cleared them of any al-Qaeda links.

“He told me apart from the trauma of being arrested at night with no reason, they were treated well and are all in good health, ” she said.

The Guardian confirms that the CIA and the Malawian government decided they were innocent:

Nothing more was heard until July 24 when lawyers heard that Fahad Ral Bahli had surfaced in Riyadh and the other four in Sudan, all free men. Hub-Eddin Abbakar, a colleague of the Sudanese suspect, said they had been handed over to their respective embassies in Khartoum after the CIA decided they were innocent.

The President of Malawi met with Ella Ulusam and another of the prisoner’s wives and apologized to them for their treatment. From Xinhua Net:

“The president was very apologetic,” said Ella during the Tuesday interview. “He just said he was sorry, it was not the Malawi government, it was all the Americans. That’s all he said.”

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Jamil Qasim Saeed Mohammed

(9th post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)

Summary
At 1 am in the morning of October 23 or 24, 2001, in a dark, empty corner of the Karachi airport, Pakistan handed, Jamil Qasim Saeed Mohammed, over to U.S. officials. Mohammed was shackled and blindfolded. A Pakistani newspaper reported that he had been “missing since the start of October” from Karachi University, where he was studying microbiology.

Mohammed is Yemeni, and was a suspect in the U.S.S. Cole bombing.

The U.S. flew him to Amman, Jordan on a private Gulfstream jet (which you may hear more about in a subsequent post) with the registration number N379P.

He hasn’t been seen since. Amnesty International has asked the U.S. where he is and what his legal status is, but gotten no reply. According to the 2001 State Department human rights report for Jordan, prisoners there made allegations of “methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.”

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Torture Legalization: A Winning Strategy for YOUR Congressional Campaign!

(8th post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.) I noted in my last post that if Congressman Markey’s amendment fails, and the language legalizing extraordinary rendition make into the final version of the 9/11 Commission bill, … Read more

Legislative Update: Torture Outsourcing Bill One Step Closer

(7th post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)

Via Congressman Markey’s Office: The Republican leadership has released the version of the 9/11 Commission bill that will go before the full House this week. Here is a PDF version. The torture outsourcing provisions are still there. (Sections 3032 and 3033, pages 254-258.)

I didn’t have much hope otherwise. I’m still pretty depressed right now.

The Senate version doesn’t include the language legalizing extraordinary rendition. But given that the D.O.J. apparently requested these provisions and given the routine exclusion of Democrats and moderates from conference committees on major bills, I would be very very surprised if they were not included in the bill that comes out of conference.

Senate Democrats and moderate Republicans will probably not vote against, let alone filibuster, the bill based on this issue. Not the 9/11 Bill, not in an election year. They remember the Homeland Security Bill and the 2002 midterms. They remember how a triple amputee was successfully painted as soft on defense and this led to the loss of the Senate. I don’t think it’s farfetched to say that Hastert and DeLay remember too, and that it’s part of the reason for the anti-immigration provisions in the bill. Heads they win, tails Democrats lose. Maybe they can even have it both ways: pass the bill AND get a few conscience-ridden Democrats to oppose it and give them negative ad fodder.

So if I had to guess, I would tell you that Markey’s amendment is our last, best hope of stopping this.

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Mamdouh Habib

(6th post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)

Summary
Australian citizen Mamdouh Habib was arrested in Pakistan on October 5, 2001, and sent to Egypt for interrogation shortly after that. Makhdoom Syed Faisal Saleh Hayat, Pakistan’s Interior Minister, told the Australian TV show SBS Dateline that Habib was sent to Egypt on U.S. orders and in U.S. custody: “The US wanted him for their own investigations. We are not concerned where they take him,” Hayat said. Hayat also stated that Egypt had never requested Habib’s extradition.

The Australian government has accused Habib of attending Lashkar and Al Qaeda training camps in Pakistan. An Australian TV program, Four Corners on the ABC network, has reported that a raid on Habib’s home in Sunday had uncovered “notes from a terrorist weapons training course”, that he told a friend he planned “to go to Afghanistan to live an Islamic life in the bin Laden camp,” and that he had contacts with two men convicted in the 1993 World Trade Center bombing, Mahmud Abouhalima and Ibrahim El-Gabrowny. Sheik Mohammed Omran, a fundamentalist Muslim cleric in Melbourne, has said that he banned Habib from his mosque for trying to recruit people for jihad.

Habib’s family and lawyers deny all these charges. His wife says he traveled to Pakistan to look for an Islamic school for their children.

Habib’s lawyers say he was imprisoned for six months in Egypt and tortured with beatings, electric shock, and drug injection. Dr. Najeeb Al-Nauimi, the former Justice minister of Qatar, told the Dateline TV program that these accusations were true, though it is not clear how he knew this. From an unofficial transcript:

DR HAJEEB AL-NAUMI, FORMER MINISTER OF JUSTICE, QATAR: They said he will die.
REPORTER: Tell me more specifically what you were told from your sources about what happened to Mamdouh Habib in Egypt.
DR HAJEEB AL-NAUMI: Well, he was in fact tortured. He was interrogated in a way which a human cannot stand up.
REPORTER: And you know this absolutely?
DR HAJEEB AL-NAUMI: Yes. We were told that he – they rang the bell that he will die and somebody had to help him.
REPORTER: And again, did your sources tell you what kinds of things he was saying in Egypt to his torturers, to his interrogators?
DR HAJEEB AL-NAUMI: My sources did not say exactly what dialogue but they say that he accepted to sign anything.
REPORTER: So he was talking lots?
DR HAJEEB AL-NAUMI: Yes – “Whatever you want, I will sign. I’m not involved. I’m not Egyptian. I’m Egyptian by background but I’m Australian.” But he was really beaten, he was really tortured.
REPORTER: Do you think…
DR HAJEEB AL-NAUMI: They tried to use different ways of treating him in the beginning but in the end of that they thought he was lying and that’s why they were very tough.

Sometime in the spring of 2002, most likely in May, the U.S. brought Habib from Egypt to Guantanamo Bay. Ian Kemish, a spokesman for Australia’s foreign affairs department, told Dateline SBC that 10 days after he arrived in Guantanamo Habib “made some serious complaints about maltreatment during his time in Egypt” to visiting Australian officials.

This July, three British detainees released from Guantanamo Bay, Shafiq Rasul, Asif Iqbal, and Rhuhel Ahmed, gave a long public statement about conditions there. It contained these allegations about Habib (on page 108):

Habib himself was in catastrophic shape – mental and physical. As a result of his having been tortured in Egypt he used to bleed from his nose, mouth and ears when he was asleep. We would say he was about 40 years of age. He got no medical attention for this. We used to hear him ask but his interrogator said that he shouldn’t have any. The medics would come and see him and then after he’d asked for medical help they would come back and say if you cooperate with your interrogators then we can do something.

Habib is still imprisoned in Guantanamo, and has not yet been charged before a military commission.

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The Tirana Cell

post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)

(see also this post from June 15, which relies on the same source.)

Summary
In 1998, the CIA arranged for Ahmed Osman Saleh, Ahmed Ibrahim al-Naggar, Shawki Salama Attiya, Essam Abdel Tawwab, and Mohamed Hassan Tita to be captured in Albania and sent to Egypt for interrogation and imprisonment. According to the Wall Street Journal (see below for link, cite & excerpts–this article is excellent, highly recommended reading, and is the source for all of the information in this post unless otherwise noted.), they were all members of a cell of Egypt’s Islamic Jihad that Ayman Al-Zawahiri’s brother Mohamed started in 1992, and that U.S. officials considered “among the most dangerous terror outfits in Europe”. Islamic Jihad was merging with Al Qaeda at the time.

The arrests were primarily planned by the CIA, which sent 12 agents to plan them & enlisted Albania and Egypt’s help. The U.S. and Albania spent three months planning the operation, and Egypt issued pre-arranged charges and extradition requests against some of the suspects during this time. The arrests were carried out in June, July, and August. The suspects were flown to Egypt on a private jet and handed over to the authorities in Cairo.

All five of them alleged that they were tortured in Egypt. The Wall Street Journal Article Mentions that the Egyptian lawyer Hafez Abu-Saada, “who represented all five members of the Tirana cell, subsequently recorded their complaints in a published report.” I believe I have found a copy of Abu-Saada’s report, but only the Google cache is available.* These are excerpts from the report. (There are some translation/grammar errors, which I have not attempted to correct):

–Ahmed Osman Saleh (referred to as “Ahmed Ismail Osman” in Abu-Saada’s report) “was detained in an unknown place for two months, and he was being kept in isolation cell then he was tortured by beaten and suspended him. He was referred to SSI in Lazogli and was detained for 45 days during that period he was beaten and the electricity passed in his body.”

–Ahmed Ibrahim al-Naggar (spelled “Nagar” in Abu-Saada’s report) “was arrested on July 2, 1998 on his arrival to Cairo airport as he was deported from Albania, he was detained in an unknown place for 35 days-as he stated to the EOHR lawyers in the session on February 4, 1999 before the court body. During this period he was blindfolded, and was lodging for 24 hours in a room covered with water to reach his knee and then he was moved to State Security Investigation in Lazogli, and he was tortured by tying his legs, shackling his hands behind his back, forcing him to lie on a sponge mattress putting a chair on his chest and another between his leg and passing electricity to his body.”

–Shawki Salama Attiya (referred to as “Shawki Salama Mustafa” in Abu-Saada’s report) “was detained for 65 days, the water covered his knee, his legs was tied and he was dragged on his face. He was referred to the State Security Investigation in Lazogli-as stated in prosecution investigation on September 12, 1998 for many sessions in Folder # 1 page 20, he was tied, his legs and hands was suspended and they passing electricity to his male organ and castrates** and they even threatened of sexually abusing him.”

–Essam Abdel Tawwab (referred to as “Essam Abdel Tawab Abdel Aleim” in Abu-Saada’s report) “was detained in unknown place and then he referred to SSI, during this period he was beaten by hands and legs, his right hand was injured by a sharpener tool, also his legs and hands was tied and suspended and beaten and the electricity passed in a sensitive parts of his body, as stated in the prosecution investigations ‘their was a recovered wound.'”

–Mohamed Hassan Tita “was tortured –as stated in the prosecution investigations in page 65, he said to the EOHR Lawyer that “the electricity passed through my legs and back and I was suspended”.

There are also allegations that Egyptian authorities arrested and tortured the suspect’s families. Naggar’s brother Mohamed told The Wall Street Journal “that he and his relatives also were — and continue to be — harassed and tortured by Egyptian police. He said he had suffered broken ribs and fractured cheekbones. “They changed my features,” Mohamed Naggar said, touching his face. .” And this is another excerpt from Abu-Saada’s report:

Wives and Children:
– The defendants Ahmed Ibrahim El Nagar’s wife, she was arrested after him and while her departure from Albania in Cairo Airport. She was detained in SSI in Lazogli for three days and they ——- her. Worth mentioning, she was arrested before in 1993 for three days and was tortured by passing electricity to her body.

-The defendant Shawki Salama’s wife called Gihan Hassan Mohamed Hassan and a daughter of defendant Hassan Ahmed Hassan (defendant # 104), was arrested on August 1998 after her ——- from Albania and she was detained for three days in SSI in Lazogli. She was tortured by passing electricity to her body, beating her and tying her hands and legs. Worth mentioning the prosecutor recommend her as a witness against her husband but the court improbable her witness from the ——-.

According to the Wall Street Journal, all five defendants were tried and convicted in a mass trial known as the “Returnees-from-Albania Case” in early 1999. Naggar and Saleh were executed in February, 2000, based on earlier terrorism charges. Attiya was sentenced to life imprisonment, and Tita and Tawwab were sentenced to 10 years imprisonment. (Abu-Saada’s report says that Tawwab was sentenced to 15 years.)

*If anyone knows how to do a screen capture of this document, please email it to me at katherinesblog@hotmail.com. (UPDATE: several readers have done so. Thanks!)
**From context I think this is a mistranslation of “testicles” and not a verb, but I of course have no way of knowing for certain.

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Talaat Fouad Qassem

(4th post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.)

(a.k.a. Talat Fouad Qassem, Abu Talal Al-Qasimy, Talat Fouad Kasem).

Summary
This is the first case I have found of extraordinary rendition.* Qassem was arrested in Zagreb, Croatia. U.S. officials questioned him for two days on a ship in the Adriatic Sea, focusing on an alleged assassination plot against President Clinton. Then they sent him to Egypt, where he had been sentenced to death in absentia by a military tribunal in 1992.

There is some question about the date when this took place. The Washington Post has reported that it happened in 1998, but the four other sources I’ve found (a 1995 Toronto Star article, a 2001 Boston Globe article, and two 2000 articles in the Arab press) say it was 1995, and I believe that is the correct date.

According to Islamic militant sources in Egypt, Egypt took Qassem to their intelligence headquarters in al-Mansoura, then moved him to Cairo in October 1995. He has not been seen since. Egypt has refused to comment on his whereabouts or on whether he is dead or alive.

His wife believes that they executed him several years ago.

*this is actually one of those grey area cases between rendition and extradition—Egypt had charges against him. They had imprisoned him for seven years in the past before his suspected role in the plot against Anwar Sadat before he escaped from prison, and had tried to get Pakistan to extradite him in 1992, so these were not charges made only at the request of the U.S.

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Author’s Note

(3rd post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.) I’m about to begin a series of post summarizing specific examples of extraordinary rendition. I will go in chronological order, more or less. One of the more difficult … Read more

Torture Outsourcing Update

(2nd post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12.) Updates on the House Republicans’ attempt to legalize “Extraordinary Rendition”: 1. The Justice Department supports it.: Hastert spokesman John Feehery said the Justice Department “really wants and supports” … Read more

Abu Ghraib lawsuit

Last week, as reported by the Associated Press and Reuters, lawyers in California filed a class action suit against several of the contractors working in Abu Ghraib and other Iraqi prisons. They’re suing under RICO (Racketeer Influenced and Corrupt Organizations Act) and the Alien Torts Claims Act. The defendants are Titan, CACI, some of their … Read more

The Varela Project

I can’t believe I’m saying this, but: David Brooks’ criticism Kerry’s remarks on the Varela Project is dead on.* The project has gathered 30,000 signatures on a petition to hold a referendum on whether to hold free elections. Castro has jailed many of its supporters.

Kerry told a Miami Herald reporter that it “has gotten a lot of people in trouble . . . and it brought down the hammer in a way that I think wound up being counterproductive.”

I don’t know very much about Cuba; I only learned the details of the Varela project because of this controversy. I do know blaming the victim when I see it. It’s especially bizarre from a candidate who fully supports the embargo–which to my inexpert eyes has proved, if not counterproductive, totally non-productive. But pushing for repeal or relaxation of the embargo could get Kerry “into trouble” in Florida.** Just as opposing the Iraq war would have gotten him into trouble. Just as opposing a constitutional amendment to take away people’s marriage licenses in his home state would have gotten him into trouble. Just as showing leadership now, instead of strategically lying low, could get him into trouble.

He has my vote; there’s no question. (Even if I believed that the Bush administration were a bunch of starry eyed defenders of freedom–and I so, so don’t–I’d have to vote for Kerry on grounds of competence alone.) There’s also no question that Kerry is capable of great courage. But he seems to have misplaced it lately, and I find myself really missing Howie, Johnny, and Wesley. If the rumors about Gephardt as the VP pick prove true, despite the American Prospect’s worthy efforts, I’ll miss them even more.

See Randy Paul, Kevin Drum, and Tacitus for more.

See also William Butler Yeats (first stanza, last two lines).

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Lo, the prophecy is fulfilled

The other day, I posted a rant directed at Glenn Reynolds, which ended like this: Saying “I’m against torture” is all well and good. But abstract opposition is not worth much, when your response to credible allegations that your government condones torture is to ignore the evidence, blame the messenger, and change the subject. And … Read more

Congress

Yes, it’s another bang-head-on-keyboard post on prisoner abuse. I don’t like being this repetitive, but I feel like we’re at a key moment right now: We stop this, or as Anne Applebaum says, “the subject will change” and this will become permanent.

But like Jim Henley, I think the time has come not to kvetch, or even to hold forth eloquently, but to organize.

So: Congress. Yesterday Senators Patrick Leahy and Dianne Feinstein made a request to subpoena Justice Department documents on the Bush administration’s policies towards prisoners. The Judiciary Committee voted it down, 10-9, on purely partisan lines. From the NY Times:

The proposal, which was rejected in a 10-9 vote, identified 23 memos, letters or reports from Sept. 25, 2001, through March of this year on topics that included the treatment of prisoners at Guantánamo Bay, Cuba, and rules for interrogation.

According to the proposal, the documents include a memo from Mr. Rumsfeld to Gen. James T. Hill, the senior officer of the Southern Command, dated April 2003 and titled, “Coercive interrogation techniques that can be used with approval of the Defense Secretary.” Another memo dated Jan. 4, 2004, written by the top legal adviser to Lt. Gen. Ricardo S. Sanchez, the senior American commander in Iraq, and sent to military intelligence and police personnel at the Abu Ghraib prison, is titled, “New plan to restrict Red Cross access to Abu Ghraib.”

So, please, please please: if your Senator is on the Judiciary committee and s/he voted against the subpoena, write or call him and ask him to reconsider. Here’s the list, with contact information:
Saxby Chambliss, R-Georgia. Phone: (202) 224-3521. E-mail/contact form.
John Cornyn, R-Texas. Phone: (202) 224-2934. E-mail/contact form.
Larry Craig, R-Idaho. Phone: (202) 224-2752. E-mail/contact form.
Mike DeWine, R-Ohio. Phone: (202) 224-2315. E-mail/contact form.
Lindsey Graham, R-South Carolina. Phone: (202) 224-5972. E-mail/contact form.
Charles Grassley, R-Iowa. Phone: (202) 224-3744. E-mail/contact form.
Orrin Hatch, R-Utah, chairman. Phone: (202) 224-5251. E-mail/contact form.
John Kyl, R-Arizona. Phone: (202) 224-4521. Email/contact form.
Jeff Sessions, R-Alabama. Phone: (202) 224-4124. Email/contact form.
Arlen Specter, R-Pennsylvania. Phone: (202) 224-5225. E-mail/contact form.

Specter is in a competitive election, and it might be worth asking his opponent to raise this issue.

If your Senator voted for the subpoena, please thank him or her and ask him to keep up the pressure for a real investigation. (If your Senator is Patrick Leahy, thank him a whole lot–I’m pretty sure he’s done more good than anyone else in Congress on this stuff. If your Senator is Chuck Schumer, thank him but maybe explain to him why the “ticking bomb” hypo is not such a good reason to legalize torture, and why you wish he would stop implying to the press that it is.)
Joseph Biden, D-Delaware. Phone: (202) 224-5042. Email/contact form.
Richard J. Durbin, D-Illinois. Phone: (202) 224-2152 . Email/contact form.
John Edwards, D-North Carolina. Phone: (202) 224-3154. Email/contact form.
Russ Feingold, D-Wisconsin. Phone: (202) 224-5323. Email/contact form.
Dianne Feinstein, D-California. Phone: (202) 224-3841. Email/contact form.
Edward Kennedy, D-Massachusetts. Phone: (202) 224-4543. Email/contact form.
Herbert Kohl, D-Wisconsin. Phone: (202) 224-5653. Email/contact form.
Patrick Leahy, D-Vermont, ranking minority member. Phone: (202) 224-4242. Email/contact form.
Charles Schumer, D-New York. Phone: (202) 224-6542. Email/contact form.

If your Senator is not on Judiciary, write to him anyway. He may be on Armed Services, or Intelligence, or some other committee that could have jurisdiction over this. Or maybe he’ll make a floor speech–it’s better than nothing. Write to your House member too.

Or write to the President–what the hell. Or call John Kerry, and ask him to show some leadership on this issue.* Or email the Applebaum article and your Congressmen’s addresses to your friends (especially if they’re constituents of Judiciary Committee members.) Or post this on a weblog that actually gets traffic. Or any combination of the above.

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Ghosts, living and dead

Most of you have probably already seen this story, which was on the front page of the NY Times today:

Defense Secretary Donald H. Rumsfeld, acting at the request of George J. Tenet, the director of central intelligence, ordered military officials in Iraq last November to hold a man suspected of being a senior Iraqi terrorist at a high-level detention center there but not list him on the prison’s rolls, senior Pentagon and intelligence officials said Wednesday.

This prisoner and other “ghost detainees” were hidden largely to prevent the International Committee of the Red Cross from monitoring their treatment, and to avoid disclosing their location to an enemy, officials said.

Maj. Gen. Antonio M. Taguba, the Army officer who in February investigated abuses at the Abu Ghraib prison, criticized the practice of allowing ghost detainees there and at other detention centers as “deceptive, contrary to Army doctrine, and in violation of international law.”

This prisoner was apparently not abused. They just forgot about him, and forgot to question him–despite their belief that he was a high ranking Ansar-el-Islam officer actively planning attacks on U.S. forces.

Other “ghost detainees” (see correction/update below)have died in U.S. custody. From a May 25 NY Times story:

Accounts from intelligence officials seem to indicate that the practice of keeping detainees off official prison rosters was widespread.

In one of several cases in which an Iraqi prisoner died at Abu Ghraib in connection with interrogations, a hooded man identified only by his last name, Jamadi, slumped over dead on Nov. 20 as he was being questioned by a C.I.A. officer and translator, intelligence officials said. The incident is being investigated by the C.I.A.’s inspector general, and military officials have said that the man, whose body was later packed in ice and photographed at Abu Ghraib, had never been assigned a prisoner number, an indication that he had never been included on any official roster at the prison.

(I’m almost sure this next excerpt from the same story, a few paragraphs later, describes the same prisoner. The article doesn’t make it totally clear, though.)

An American military policeman said in sworn testimony early last month that the man had been brought to Abu Ghraib by “O.G.A.,” initials for other government agency, or the C.I.A., with a sandbag over his head. Military guards took the prisoner to a shower room at the prison, which was used as a temporary interrogation center, according to the account by Specialist Jason A. Kenner of the 372nd Military Police Company.

“He went into the shower for interrogation and about an hour later he died on them,” said Specialist Kenner, whose account left unclear whether the detainee was examined by a doctor or given any military treatment before he died.

“When we put on his orange jumpsuit to take him to the tier, we were told not to take the sandbag off at all,” Specialist Kenner said. “After he passed, the sandbag was removed, and I saw that he was severely beaten on his face. At the time, they would interrogate people in the shower rooms. He was shackled to the wall.”

“Later that day,” Specialist Kenner added, “they decided to put him on ice.”

Today’s Times article says the Ansar-al-Islam suspect in Camp Cutter, “is believed to be the first to have been kept off the books at the orders of Mr. Rumsfeld and Mr. Tenet.”

What I want to know is, are the key words in that sentence “first…off the books” or “at the orders of Mr. Rumsfeld and Mr. Tenet”? Were other detainees held off the books before, without Rumsfeld’s authorization? Was Rumsfeld’s authorization always required to hold a detainee without recording his name?

If so, was there a specific authorization for each individual “ghost detainee”? Or a more general order to hold detainees without listing them on the prisoner rolls if CIA officials requested it?

If not, why was Rumsfeld’s authorization required for the Camp Cropper prisoner and not for others? It might be that the chain of command utterly broke down at Abu Ghraib and no one even bothered asking Rumsfeld; they just did what intelligence told them. But Camp Cropper wasn’t a model of organization either, if they just forget to interrogate this prisoner. And Tenet seems to have been very careful about getting DoD and White House approval for the CIA’s actions.

A note on the timing: The “ghost detainee” whose body was photographed at Abu Ghraib died on November 20, according to the NY Times story
(see correction below). Rumsfeld’s order to hold the Ansar-al-Islam suspect without listing him was issued “in November”, according to today’s Times story. This CBS news story and this CNN story says Rumsfeld’s order was about a prisoner code- or nick-named “Triple X.” This U.S. News story, say that General Ricardo Sanchez’ ordered military guards to keep “Triple X” off the rosters and away from Red Cross inspectors on November 18, 2003. Rumsfeld’s authorization would have been issued before Sanchez’ directive; I don’t know how long before. According to Newsweek, “[o]n Nov. 19, Abu Ghraib was formally handed over to tactical control of military-intelligence units.” So it’s hard to tell much from the timing.

I could editorialize on all this, but what’s the point.

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An Ode to the Passive Voice

I like to boldly split infinitives as much as von. But I write in praise of another grammatical antihero—the passive voice.

It’s just so useful. It can defend the indefensible, obscure meanings faster than a speeding bullet, erase responsibility in a single stroke….

(Or rather: defense of the indefensible has been enabled by it. Significant contributions to obscuring-of-meanings and responsibility-erasing related program activities have also been made.)

For example, this:

I also think that the rather transparent effort to use this against Bush — often by people who think nothing of cozying up to the likes of Castro, for whom torture and murder are essential tools of governance — has caused the Abu Ghraib issue to be taken less seriously than perhaps it ought to be.

sounds much better than this:

People are criticizing Bush about the Abu Ghraib scandal. Some of them—I won’t say who, or give any examples—once cozied up to Fidel Castro, or someone like him, or they would given the chance. Therefore, I will not take seriously the evidence of torture by U.S. troops, or the possibility that the Bush administration condones torture.

Unfortunately, my junior high English teachers taught me never to use the passive voice. So I was left telling my mother:

My sister’s room is dirtier and you don’t yell at her! And I was GOING to clean my room, but now I won’t because you’re nagging me so much so THERE!!!” (stomp stomp stomp) (slammed door)*

when this would have sounded so much nicer:

The irrationally hostile tone of your voice, coupled with the transparent neglect of the far greater disarray of my sister’s room, has led the clothes-all-over-the-floor situation to be taken less seriously than perhaps it otherwise would have been.

More seriously, not that Glenn Reynolds will ever read this in a billion years:

People are attacking the Bush administration over this because there is an awful lot of evidence implicating them. They’ve written legal memos justifying torture and unlimited presidential power, one of which was signed by the head of the office of legal counsel. They’ve deported an innocent** men to torture in Syria, based on “confessions” extracted from other men tortured in Syria. The Deputy Attorney General, acting as Attorney General, signed the order deporting Arar. There is probably a “presidential finding” signed by Bush authorizing “extraordinary renditions.” There were no JAG officers at Abu Ghraib, and not because JAG officers were not available. They ignored warnings from the Red Cross. I’m not even going to get into all the incriminating details about Abu Ghraib; see this post for more. They did not apologize for any of this until pictures came out. They still haven’t admitted any mistake that hasn’t been illustrated with pictures. And they still won’t tell the public anything about what they’re doing.

Saying “I’m against torture” is all well and good. But abstract opposition is not worth much, when your response to credible allegations that your government condones torture is to ignore the evidence, blame the messenger, and change the subject.

And if none of that convinces you, I’ve even graciously provided ammunition for an argument that it’s Bill Clinton’s fault!

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Extraordinary Rendition: Not Just for Republicans!

Until tonight, I knew vaguely that the policy of “extraordinary rendition”–sending terrorism suspects to countries that practice torture for interrogation–started under the Clinton administration. But I did not know any of the details.

Tonight I came across this 2001 Wall Street Journal story*, and learned the details:

CIA-Backed Team Used Brutal Means To Break Up Terrorist Cell in Albania

By ANDREW HIGGINS and CHRISTOPHER COOPER
Staff Reporters of THE WALL STREET JOURNAL

TIRANA, Albania — Ahmed Osman Saleh stepped off a minibus here in the Albanian capital in July 1998 and caught what would be his last glimpse of daylight for three days. As he paid the driver, Albanian security agents slipped a white cloth bag over Mr. Saleh’s head, bound his limbs with plastic shackles and tossed him into the rear of a hatchback vehicle.

Supervising the operation from a nearby car were agents from the U.S. Central Intelligence Agency.

Mr. Saleh’s Albanian captors sped over rutted roads to an abandoned air base 35 miles north of Tirana. There, recalled an Albanian security agent who participated, guards dumped the bearded self-confessed terrorist on the floor of a windowless bathroom.

After two days of interrogation by CIA agents and sporadic beatings by Albanian guards, Mr. Saleh was put aboard a CIA-chartered plane and flown to Cairo, according to the Albanian agent and a confession Egyptian police elicited from Mr. Saleh in September 1998. “I remained blindfolded until I got off the plane,” Mr. Saleh said in the confession, a document written in Arabic longhand that he signed at the bottom.

There were more beatings and torture at the hands of Egyptian authorities. And 18 months after he was grabbed outside the Garden of Games, a Tirana childrens’ park, Mr. Saleh was hanged in an Egyptian prison yard.

By the Script
His capture was one of five scripted and overseen by American agents as part of a covert 1998 operation to deport members of the Egyptian Jihad organization to Cairo from the Balkans. At the time, Egyptian Jihad was merging with Osama bin Laden’s al Qaeda network. U.S. authorities considered the Tirana cell among the most dangerous terror outfits in Europe. The CIA has refused to acknowledge the 1998 operation. But privately, U.S. officials have described it as one of the most successful counterterrorism
efforts in the annals of the intelligence agency….

About a dozen U.S. agents arrived in Albania to plan the arrests, according to their Albanian counterparts. CIA and SHIK operatives spent three months devising the operation, often meeting in a conference room next to Mr. Klosi’s office.

On June 25, 1998, the Egyptian government issued a prearranged arrest warrant for Mr. Attiya, the forger, and demanded his deportation. Most such requests to Western countries had been ignored in the past, said Hisham Saraya, Egypt’s attorney general at the time. This one was not.

That day, while driving in his 1986 Audi in Tirana, Mr. Attiya found himself being trailed by an Albanian police car and another vehicle, he later recalled in his confession. He was stopped and arrested. The same day, Albanian security officers raided his home and found more than 50 plates and stamps used to produce fake visas and other bogus documents, according to court records from his 1999 trial.

Several days later, he was taken, handcuffed and blindfolded, to the abandoned air base, north of Tirana. “There, a private plane was waiting for me,” he said in his confession. Once in Cairo, he was blindfolded again and driven to Egypt’s state security offices on July 2, 1998. “Since then, the interrogations have not stopped,” he said.

Mr. Attiya later told his lawyer, Hafez Abu-Saada, that while being questioned, he was subjected to electrical shocks to his genitals, suspended by his limbs, dragged on his face, and made to stand for hours in a cell, with filthy water up to his knees. Mr. Abu-Saada, who represented all five members of the Tirana cell, subsequently recorded their complaints in a published report.

Also deported from Tirana was Mr. Naggar. He was nabbed in July 1998 by SHIK on a road outside of town. He, too, was blindfolded and spirited home on a CIA plane. In complaints in his confession and to his defense lawyer, Mr. Abu-Saada, Mr. Naggar said his Egyptian interrogators regularly applied electrical shocks to his nipples and penis.

Mr. Naggar’s brother, Mohamed, said in an interview that he and his relatives also were — and continue to be — harassed and tortured by Egyptian police. He said he had suffered broken ribs and fractured cheekbones. “They changed my features,” Mohamed Naggar said, touching his face.

About two weeks after Messrs. Attiya and Naggar were deported to Egypt, Albanian security agents took Mr. Tita, the dues-collector, from his Tirana apartment. They covered his head and put him on a plane. “After I was arrested, [Egyptian interrogators] hung me from my wrists and applied electricity to parts of my feet and back,” he said in his confession.

As the CIA operation drew to a close, an Arab newspaper in London published a letter on August 5, 1998, signed by the International Islamic Front for Jihad. The letter vowed revenge for the counterterrorism drive in Albania, promising to retaliate against Americans in a “language they will understand.”

Two days later, U.S. embassies in Kenya and Tanzania were blown up, killing 224 people. U.S. investigators have attributed the embassy bombings to al Qaeda and now believe the attacks were planned far in advance. At the time, American officials were rattled enough about the possible connection to the
Tirana arrests that they closed the U.S. Embassy there, moving the staff to a more-secure compound across town.

The embassy bombings didn’t stop the CIA from going after Mr. Saleh in Tirana. In August, Albanian security agents grabbed him outside the children’s park. During two months of detention in Egypt, he was suspended from the ceiling of his cell and given electrical shocks, he told his lawyer, Mr. Abu-Saada. Also rounded up was Essam Abdel-Tawwab, an Egyptian Jihad member who had lived for a time in Tirana before moving to Sofia, Bulgaria. He, too, later told Mr. Abu-Saada he was tortured. Egyptian prosecutors acknowledged in court documents that they observed a “recovered wound” on Mr. Tawwab’s body.

Bill Clinton is not President anymore, and I wasn’t a huge fan of his when he was. I already knew that part of the groundwork for the “extraordinary rendition” policy was laid during his presidency. I’ve said a hundred times that this is not and should not be a partisan issue. But apparently I am more naive and more partisan than I’d like to think, because when I read this article I was shocked that this could happen under a Democratic president. I promptly set to work on an internal list of the differences between this case, and Abu Ghraib and Maher Arar’s deportation:

–Unlike the Arar case and Abu Ghraib, most of the suspects tortured here were almost certainly terrorists who were actively planning to kill innocent people. The Tirana cell was started by Ayman Al-Zawahiri’s younger brother. While coerced confessions are unreliable, there is a lot of corroboration in this case. (Read the full article for details.) The CIA was not rounding up innocent Iraqis or people who’d had lunch with terrorists’ brothers’ acquaintances one time. They gathered a lot of evidence before they acted.

–This specific operation may not have been approved by anyone on the cabinet level, unlike Arar’s deportation. We don’t know the details of Clinton administration’s policy on “extraordinary renditions”, and according to at least one article they actually tried to get Egypt to comply with the torture convention and eventually cut ties to them when they refused. There was nothing like the concerted legal effort to justify torture that we’ve seen from the Bush administration.

–Most of these men were actual Egyptian citizens, some of whom had actually committed crimes in Egypt. Ahmed Saleh was wanted for a botched assassination attempt of a government minister, and a car bombing (that might be one or two incidents; I can’t tell from the article.) Shawki Attiya was wanted on forgery charges, though these may have been drawn up with CIA assistance. I don’t have any expertise on this subject, but this seems less flagrantly illegal than deporting a Canadian citizen changing planes in JFK to Syria.

Really, though, what’s the use? I prefer torturing the guilty to torturing the innocent, but torture is torture. It was still illegal. It was still wrong. It was still unnecessary.**

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Another Torture Memo

The Washington Post has printed the Office of Legal Counsel’s memo from August 1, 2002, in full. Some thoughts: 1. I had wondered before where they came up with “the level [of pain] that would ordinarily be associated with a sufficiently serious physical condition or injury such as death, organ failure,or serious impairment of body … Read more

Meet Our Employees

As a follow up to the Guardian/Observer article I linked to in the last post, I decided to do some research into the human rights records of the countries where we have reportedly “rendered” terrorism suspects. Specifically, their use of torture.
To avoid debates about source credibility, and save time, I relied exclusively on the U.S. State Department’s 2003 Human Rights Reports.

The results are grim, and long, but I think they are important–even necessary–to read. These people are working for us. Not just with us, but for us. Our government is sending prisoners into their custody for interrogation.

Someone will probably argue that our survival is at stake, and we need allies in this fight, even unsavory ones. I agree. Someone may ask me if I think we were wrong to ally with Josef Stalin in World War 2. Of course I don’t think that. Someone may ask me if I think Egypt or Azerbaijan is worse than Stalin’s USSR. Again: of course not.

Alliances are fine and necessary. This is something else. I don’t believe Churchill and FDR ever sent German or Japanese prisoners of war to Siberia for interrogation.

With that out of the way, here are the results, in alphabetical order:

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“We acted fully within the law…”

Two recent news items on “extraordinary rendition”: 1) Maher Arar’s lawyers allege that Canadian CSIS agents (the equivalent of CIA agents, I believe) travelled to Syria in 2002 and got copies of “confessions” that Syria had tortured out of him: In the submission, Arar’s counsel say James Lockyer and Michael Edelson, who both represented Arar … Read more