Possible Good News

by hilzoy From the Center for Constitutional Rights (h/t Anderson): “The Second Circuit Court of Appeals issued an extremely rare order that the case of Canadian rendition victim Maher Arar would be heard en banc by all of the active judges on the Second Circuit on December 9, 2008. For the court to issue the … Read more

Arar update

by Katherine Maher Arar remains, officially, too dangerous to fly over U.S. air space. U.S. officials won’t say what the sources of information against him are. I have a guess as to some of them. I’ve posted it before, but it’s not widely known enough, so here’s one more vain effort.

“They told him yes, he could invent a story”

by Katherine

Von notes below that Syrian intelligence forces beat Maher Arar into falsely confessing that he had received terrorist training in Afghanistan. It’s actually worse than that. Arar wasn’t just tortured into a false confession in a Syrian prison. He also seems to have been sent to be tortured in Palestine Branch partly because of false confessions that two other Canadian citizens made under torture in the same prison.

Their names are Ahmad Abou El-Maati and Abdullah Almalki. Unlike Arar, they both traveled to Syria voluntarily. El-Maati flew to Damascus for an arranged marriage in November 2001. Almalki went there to visit relatives in May 2002. Both were arrested by Syrian intelligence forces when they arrived at the Damascus airport, and taken to a prison called the Palestine Branch. Both have since been released, returned to Canada, and given detailed chronologies of their experiences in Syria to their lawyers. (Here is a PDF of El-Maati’s chronology; here is a PDF of Almalki’s).

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Maher Arar’s Case Dismissed

by hilzoy Maher Arar’s case has been dismissed. You can read Katherine’s summary of the case here, a press release from Arar’s attorneys here, and the decision itself here (pdf). I’ve read the decision, but do not feel competent to address the legal issues it raises. (Most of them involve things like jurisdiction and standing.) … Read more

Not So Extraordinary After All

by Katherine

It was almost two years ago that I asked the question, "How Extraordinary is Extraordinary Rendition?"; whether what was unusual about the U.S. sending Maher Arar to be tortured in Syria without any real evidence that he was a terrorist was that it happened, or that we knew about it. The answer seems to be "that we knew about it." As Hilzoy noted below, the Washington Post reported Sunday that the CIA is investigating up to 36 "erroneous renditions".

So. Who are these men? We know of at least two: Maher Arar and Khaled el-Masri (whose case is decribed in the Post article). Who else?

I don’t know what standard they use to declare a rendition erroneous—whether the suspect needs to affirmatively show innocence, or merely that he does not produce "actionable intelligence" and there is no evidence against him other than his own or someone else’s confessions under torture. There are also many cases where I have no real idea about the suspect’s guilt or innocence. So the CIA could be including some of the other renditions that have been publicly reported in that total.

But I have followed this subject very closely, and I definitely do not know about three dozen renditions that a CIA officer would be likely to describe as "erroneous." Nowhere even close to that.

And where are these men? It is possible that some of them were released, but neither they nor their family has ever spoken to the press or a human rights organization. In the cases that we do know of, there is often a fairly long delay between the suspect’s release & his speaking to the press or the public, so it is possible that some may choose never to do this at all. Perhaps that is even a condition of their release from custody. But does that describe 25 or 30 of them? I doubt it. I really doubt it.

Of the 20-odd renditions that I do know of, a very small number of people have been freed: Maher Arar, Mamdouh Habib and Khaled el-Masri. That’s it. Muhammad al-Zery was reportedly released from an Egyptian prison but remains under surveillance and cannot leave the country or speak freely about what happened to him. The rest remain in prison—whether it’s Guantanamo, some CIA detention site, or foreign custody. We know from reading Priest’s description of el-Masri’s case that the discovery of a suspect’s innocence does not necessarily immediately lead to his release. And Khaled el-Masri is a German citizen. Mamdouh Habib is Australian. Maher Arar is Canadian. It is not a coincidence that the men released are citizens of wealthy, Western democracies that are U.S. allies.

Based on all of this, I would guess that most of the thirty-odd prisoners who were “erroneously rendered” are still in prison somewhere. I would also guess that some of them are still being subjected to torture right now.

But this won’t end when they stop being tortured, or when they are released from prison. Not for them.

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Still Not Surprised

by hilzoy From Newsweek: “An FBI agent warned superiors in a memo three years ago that U.S. officials who discussed plans to ship terror suspects to foreign nations that practice torture could be prosecuted for conspiring to violate U.S. law, according to a copy of the memo obtained by NEWSWEEK. (…) In a memo forwarded … Read more

Torture: Making Things Clear

by hilzoy In the course of a somewhat frustrating NYTimes article on what he calls ‘Torture Lite’, Joseph Lelyveld writes this: “It has been more than a year now since we (and, of course, the region in which we presume to be crusading for freedom) were shown a selection of snapshots from Abu Ghraib with … Read more

To My Government: Please Stop.

by hilzoy

From the New York Times:

“Seven months before Sept. 11, 2001, the State Department issued a human rights report on Uzbekistan. It was a litany of horrors.

The police repeatedly tortured prisoners, State Department officials wrote, noting that the most common techniques were “beating, often with blunt weapons, and asphyxiation with a gas mask.” Separately, international human rights groups had reported that torture in Uzbek jails included boiling of body parts, using electroshock on genitals and plucking off fingernails and toenails with pliers. Two prisoners were boiled to death, the groups reported. The February 2001 State Department report stated bluntly, “Uzbekistan is an authoritarian state with limited civil rights.”

Immediately after the Sept. 11 attacks, however, the Bush administration turned to Uzbekistan as a partner in fighting global terrorism. The nation, a former Soviet republic in Central Asia, granted the United States the use of a military base for fighting the Taliban across the border in Afghanistan. President Bush welcomed President Islam Karimov of Uzbekistan to the White House, and the United States has given Uzbekistan more than $500 million for border control and other security measures.

Now there is growing evidence that the United States has sent terror suspects to Uzbekistan for detention and interrogation, even as Uzbekistan’s treatment of its own prisoners continues to earn it admonishments from around the world, including from the State Department.”

More below the fold.

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Support A Ban On Extraordinary Rendition

by hilzoy Via email, Katherine the Sorely Missed tells me that Edward Markey has introduced a bill, H. R. 952, that would outlaw extraordinary rendition. Most readers of this blog are probably familiar with extraordinary rendition, but just in case: Katherine summarized the issues in an earlier post, in which she wrote: “”Extraordinary rendition” is … 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

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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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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Guantanamo’s Evil Stepson

(12th 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.)

Please read this very, very important Newsweek story. As I feared, Gonzales’ letter is not worth much.

Hastert’s spokesman John Feehery said that Homeland Security had requested the extraordinary rendition provision, but “for whatever reason the White House has decided they don’t want to take this on because they’re afraid of the political implications.”

It’s actually worse than I thought. It’s not just a legal justification to keep doing what they’ve been doing. It’s not justa way to get rid of the Maher Arar case. It still might have been a political ploy, but not only a political ploy. Torture outsourcing was going to be–still may be–the substitute for Guantanamo Bay after the Supreme Court decision:

He said the provision, mainly laid out in Section 3032 and 3033 , was designed as a way of addressing the problem created by last summer’s Supreme Court decision. The justices ruled that the administration couldn’t detain people indefinitely without trial or charges. As a result, the government has ordered the release of suspects such as Yaser Hamdi, a dual citizen of the United States and Saudi Arabia who was captured in Afghanistan and held for three years as an enemy combatant.

Now, Feehery said, “we’ve got a situation where we’ve got these people in the country who ought not to be in the country. We have to release them because of the Supreme Court case. So Homeland Security wanted this provision.”

The DOJ spokesman confirmed this:

Justice spokesman Mark Corallo also said it was Homeland Security’s call. “It’s their issue,” Corallo said. “They’re the immigration people now. Not us.”

The House is still pushing for the provision, and I’m sure the White House has no objection. They just need to keep a safe distance. They can’t be allowed to. The press must ask Bush about this directly.

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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

Legalizing Torture

(1st post in a series on the House GOP’s attempt to legalize “Extraordinary Rendition”. Links: 1, 2, 3, 4, 5, 6, 7, 8.) Katherine the Sorely Missed asked me to post this. The rest is hers, though I second it. This is probably the most important post I’ve ever written. Certainly it is the most … Read more

Failures of Imagination

(Editor’s Note: this was written by Katherine R, and for reasons that will shortly become obvious I’m rather sadly posting it on her behalf. I hope that I got the formatting right, and…. well, read.)

Author’s Note: This is actually by Katherine, and it will be my last post here. I’ve threatened (promised?) that before, I know, but this time I’m certain of it. No cosmic reasons–just a lack of time, a lot of things to do, a feeling that I’ve said what I have to say and have started to repeat myself, and the fact that the floppy where I stored my typepad password broke a week and a half ago. I chose to interpret that last one as a sign, so instead of asking Moe if I could set up a new account, I asked him to put up one final post for me.

Since I started writing here, I’ve focused more and more on one topic: U.S. human rights abuses towards people we suspect of terrorism. I thought I might close by explaining, on a more personal level than I have before, why this is.

It’s very long, probably too long, but I hope you’ll find it worth reading.

Thanks to all readers, commenters, linkers, and especially co-bloggers. This has been fun, and actually pretty useful in sorting out what I want to do with my career. (Whether I can actually do it is another question, but this is a start.)

(Another Editor’s Note: …and she’ll always have a place for her waiting here.)

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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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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

Ordinary Rendition

(an update on the Arar case and related “renditions”, since this is my last week in some time with a web connection of my own.) Dana Priest of the Washington Post continues to be the best U.S. reporter on this subject. Here’s her latest, (co-authored by Joe Stephens, at a link that does not require … Read more

Subcontracting Torture

That could be the title for a post about Abu Ghraib. Civilian contractors apparently played a role in the abuses there, according to the Hersh article. But I haven’t had time to learn much about what happened in that place, nor have I wanted to look at the pictures.

No, I’m still talking about our torture subcontracting to countries, not defense companies—and linking to another article about “extraordinary rendition” and the Maher Arar case (sent to me by Gary Farber, who is really on a roll these days.) Ahmad Abou El-Maati, the first of the Canadians tortured in Syria, has spoken publicly about what happened to him:

During my detention and torture by the Syrians I was forced to divulge everyone I knew. This included Mr. Maher Arar,” says Ahmad Abou El-Maati, a Toronto truck driver first arrested in November, 2001, and released from a series of Middle East prisons just a few weeks ago.
Mr. El-Maati says that shortly after his arrest he placated his torturers by falsely confessing to a bomb plot targeting Ottawa, and by falsely implicating others, including Mr. Arar, according to an affidavit he wrote after returning to Canada last month….

He says RCMP or CSIS agents questioned him in the Toronto airport and also put a spy on the plane. Then, “upon my arrival in Syria on November 12, 2001, I was immediately detained.”

During subsequent months in prison, Mr. El-Maati says he was forced to lie down naked as guards dumped ice water on him, burned him with cigarettes and beat him with cables. “I was forced to sign a false confession of false events implicating me in a non-existing plot involving my brother, which I signed and fingerprinted in order to stop the vicious and constant torture,” he says.

He says he also falsely identified an Ottawa man, 33-year-old Abdullah Almalki, as a suspect. Arrested in Syria two years ago and only recently released, Mr. Almalki is also seeking standing at the inquiry.

This is more or less what I’d have guessed he would say, if you’d asked me. It really does look like the Syrian government was interrogating and torturing Canadian citizens at the request of U.S./Canadian intelligence—and in Arar’s case, the U.S. deported a Canadian citizen from JFK airport to Syria on the basis of “evidence” gained under torture. It sounds like something out of the Salem witch trials, but that seems to be what happened.

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Arar #23: More on Ahmad Abou El Maati

El-Maati is the truck driver who was stopped at the U.S. border & found with a map of Ottawa that raised customs officials’ suspicions, in August of 2001. He was watched by Canadian police for a few months after that. In November 2001 he traveled to Syria, where he was detained, allegedly tortured, and allegedly questioned about information that had to come from the Canadian police. This probably started the chain of events that ended in Maher Arar’s deportation and torture.

That’s as quick a summary as I can give–there’s much more in this post.

Anyway–El Maati is still in Egypt, but he and a friend of his described as “an Islamic religious leader in Toronto”, have recently talked to a few reporters. He is expected to return to Canada soon.

Here are the two articles I found:

1. From the Globe and Mail, 3/20/04:

The RCMP probe seems to have focused mostly on Mr. El-Maati, who has complained that spies were dogging him in Canada in the summer of 2001, especially after he was interrogated by U.S. border guards.

A map of Ottawa was discovered in the transport truck he was driving and appears to have caused concern that he planned to launch a terrorist strike there. He denied the map was his, and his employer drafted a letter saying that the truck’s previous driver had an Ottawa route.

Mr. El-Maati flew to Syria in the fall of 2001, where he was immediately arrested. He has since said he was tortured there by captors who asked questions that seemed to be based on information that first surfaced in North America.

Aly Hindy, an Islamic religious leader in Toronto, said his friend first came under suspicion because he was known to have spent time in Afghanistan. But the imam said that Mr. El-Maati was never part of any plot, though he was tortured into admitting as much.

“They tortured him until he told them, ‘What do you want me to say?’ Imam Hindy said in a recent interview. “. . . He said, ‘What if I used a truck?’ They said, ‘Okay, very good idea but which building are you going to hit?’

“. . .So he said, ‘How about the Parliament Buildings?’ They said, ‘Oh, it’s a very, very good idea.’

“So he wrote everything and signed, and after that they didn’t touch him and they sent him to Egypt,” Imam Hindy said.

2. From The Toronto Star, 2/25/04:

In his first interview since being released last month, Ahmed Abou-Elmaati said his bags are packed and as soon as he obtains travel documents he will leave Cairo.

Department of Foreign Affairs spokesperson Reynald Doiron confirmed yesterday that consular officials are working with Elmaati to help him obtain the required exit visa.

Elmaati, who spent more than two years behind bars, first in Syria, then in Egypt, wants more than anything to come home to tell his story.

“I need my file to be closed. I need to show my innocence and I think this will not happen unless I go back to Canada,” Elmaati said in a telephone interview yesterday.

The former Toronto resident, whose case may become a crucial link in determining why U.S. authorities deported Canadian Maher Arar to Syria, said he has been denied a consular escort and fears he may again be detained as he travels.

It’s believed Arar was deported in part because he knew Elmaati (who had been the focus of a Royal Canadian Mounted Police investigation and interviewed by the Canadian Security Intelligence Service) and Abdullah Almalki, an Ottawa resident who is still being held in Syria.

Born in Kuwait, Elmaati holds both Canadian and Egyptian citizenship. He said he hasn’t been threatened since being released last month but worries about his flight home.

“Actually, to tell you the truth, I’m very doubtful I would reach (Toronto) because I believe something will happen to me on the way back,” he said yesterday.

Scarborough imam Aly Hindy, who met with Elmaati when he was in Cairo earlier this month, said Elmaati was tortured, which included being stripped naked, drenched with water and then having live electrical wires placed on his body.

Hindy said it was this torture that prompted Elmaati to sign a confession about plotting to drive a bomb-laden truck into the Parliament buildings in Ottawa.

This tends to confirm my working hypothesis, but it’s not really detailed enough to make a real judgment or evaluate El Maati’s or Hindy’s credibility. If El Maati and Almalki actually make it back to Canada, and one or both of them talks to the press–El Maati definitely seems to want to–we’ll know more.

At any rate, with Almalki’s release one less person is being tortured. Which seems like an intrinsically good thing, even if the guy does turn out to be guilty of something.

I haven’t seen many stories generated by the inquiry itself yet. And U.S. press coverage has gone from pathetic to completely non-existent.

I don’t know the status of Arar’s lawsuit in the U.S., either. If I get a chance over spring break I may go to the district court in Brooklyn and try to view the file, if any of it’s publicly available. (I realize that’s the dorkiest use of spring break ever–don’t worry, I’ve got other plans as well.) But I don’t know if I’ll have time, as I’ll only be in New York for a few days.

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Abdullah Amalki released (Arar #22)

Abdullah Almalki, a key figure in the Maher Arar affair, has apparently been released from prison in Syria.

Almalki had been in prison for almost two years. According to his lawyer, he was released a week ago, but has not gotten out of Damascus yet–his parents flew there to meet him. His lawyer doesn’t want to say very much, and has asked the Canadian government not to comment, until they are safely out of Syria.

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At last, an inquiry (Arar #21)

(21st in a series. In case you don’t like scrolling up from the bottom of the page, here are links to the previous posts in chronological order: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20.)

As Paul noted in the comments to my last post, Canada has announced a public inquiry into the Arar case.

It will not surprise anyone that I think this is an important, and long overdue, step. I can only hope that:
1) the truth, or at least more of it, comes out, and
2) this leads to more examination of this case in the United States.

Unfortunately, I don’t think #2 is likely. From the AP story above:

O’Connor will not be able to force U.S. authorities to participate in the inquiry. A public investigation into how intelligence on both sides of the border tracks suspected terrorists is not expected to be welcomed by Washington.

.

Someone asked State Department spokesman Richard Boucher about this at a press briefing today:

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