Archive for category Torture
Even since the Senate Select Committee on Intelligence last December detailed the CIA torture program established in the wake of the 9/11 attacks, no one has been held accountable. Human Rights Watch is renewing its calls to change that.
The Obama administration did commission a two-year investigation led by Assistant U.S. Attorney John Durham that ended in 2012, but no indictments resulted.
So far John Kiriakou, the former CIA official who wasn’t involved in the torture program but told a reporter about it, has been the only one prosecuted in connection with the program. He served two years in prison, and was released last February.
A new report on the Human Rights Watch website points out that a new investigation is warranted (and required under the UN Convention Against Torture) because so much new evidence became public with the release in redacted form of the 499-page summary of the Senate Select Committee on Intelligence report in December 2014.
The group is calling for the appointment of a special prosecutor who would have access to the full Senate report, and the power to bring charges against everyone connected with the CIA torture program including top government officials.
Via Firedoglake (why does cable news ignore this?)
The United States government has been given a week to appeal or comply with a federal judge’s order to provide a justification for why approximately 2,100 photographs of torture and abuse of prisoners must remain secret.
Judge Alvin Hellerstein pointed out that the Protected National Security Documents Act of 2009 clearly says the Secretary of Defense must issue a certification for a photograph in order to keep it secret. It does not refer to photographs collectively. So, a process that attempts to justify blanket certification for secrecy is not in line with the law.
Journalist Jason Leopold reported last year that documents from the Defense Department show the photos come from “203 closed criminal investigations into detainee abuse in Afghanistan and Iraq.” Leopold’s report suggested the soldiers had wanted to hold on to these photos as “mementos.”
The government is “required to disclose each and all the photographs responsive” to the Freedom of Information Act request submitted by the American Civil Liberties Union (ACLU),” according to the order by Judge Alvin Hellerstein of the US District Court of the Southern District of New York.
Hellerstein found that the government still had failed to justify keeping each individual photograph secret. However, the judge stayed the order for 60 days so the Solicitor General could determine whether to file an appeal.
In the Guardian, Trevor Timm points out that while Senator Mark Udall (D-CO) lost his bid for re-election, that gives him a one-time chance to bring transparency to the CIA’s secret torture program.
Udall’s loss doesn’t have to be all bad. The lame-duck transparency advocate now has a rare opportunity to truly show his principles in the final two months of his Senate career and finally expose, in great detail, the secret government wrongdoing he’s been criticizing for years. On his way out the door, Udall can use congressional immunity provided to him by the Constitution’s Speech and Debate clause to read the Senate’s still-classified 6,000-page CIA torture report into the Congressional record – on the floor, on TV, for the world to see.
How about it, Senator Udall?
Last Friday, President Obama informed a White House press conference that the U.S. government has engaged in torture as a matter of policy. Not that he plans to do anything about that. In fact, he hasn’t even banned every torture technique in use by the CIA and the military.
“We tortured some folks,” he said. “We did some things that were contrary to our values. I understand why it happened. I think it’s important when we look back to recall how afraid people were after the twin towers fell, and the Pentagon had been hit, and a plane in Pennsylvania had fallen, and people did not know whether more attacks were imminent, and there was enormous pressure on our law-enforcement and our national security teams to try to deal with this.”
The fallacy here, whether or not it’s intentional, lies in the fact that torture (in addition to being a crime under federal law) is not an intelligence interrogation technique. The experts will all tell you that torture is good for one thing only: extracting false confessions. The Bush administration employed torture to get some detainees to say what they wanted to hear, namely that Saddam Hussein’s regime was tied in with al-Qaeda. For example the torture of Ibn al-Shaykh al-Libi, a Libyan national captured in Afghanistan in November 2001, provided false information regarding chemical weapons training between Iraq and al-Qaeda that was used by the Bush Administration in their efforts to justify the illegal invasion of Iraq. Al-Libi recanted in January 2004. This sort of thing is what they now call “faulty intelligence” instead of lies.
President Obama is getting credit simply for using the dreaded “T” word that the media usually avoid by talking about American “enhanced interrogation techniques.” Of course reporters are not afraid say “torture” to describe what China does to prisoners, for example, even if it’s the exact same thing the CIA did.
On FDL, Jeff Kaye picks up on something important. Here’s what else the president said, referring to the still-secret Senate Select Committee torture report (emphasis added):
And it’s important for us not to feel too sanctimonious in retrospect about the tough job that those folks had. And a lot of those folks were working hard under enormous pressure and are real patriots.
But having said all that, we did some things that were wrong. And that’s what that report reflects. And that’s the reason why, after I took office, one of the first things I did was to ban some of the extraordinary interrogation techniques that are the subject of that report.
Only “some of the extraordinary interrogation techniques”? Not all? Was this merely a slip of the tongue by the President? No one in the press corp seemed to notice, and no one took him up on the issue… though it is very much worth noting that Jeremy Scahill reported in July 2011 on the CIA’s continuing use of black sites and torture in an important article in The Nation. Others had surmised as much even earlier.
Apparently President Obama, whether he meant to or not, has confirmed for the record that torture is still practiced by the U.S. government.
Obama Admits He Banned Only “Some” of the CIA’s Torture Techniques
Fox Gives Liz Cheney A Platform To Attack Obama For Mentioning Torture
White House To Make Torture Report ‘Impossible To Understand’
Well, this is amazing. Following months of public pressure, the Senate intelligence committee voted 11-3 on Thursday to declassify portions of the lengthy investigation into the CIA’s use of torture at secret black sites around the world. The executive summary, findings, and conclusions of the Senate panel’s 6,300-page report will be released.
Senators Angus King (I-ME) and Susan Collins (R-ME) supported the release of the Senate Torture Report, using a word that nobody thought Washington politicians have in their vocabulary (emphasis added):
We remain strongly opposed to the use of torture, believing that it is fundamentally contrary to American values. While we have some concerns about the process for developing the report, its findings lead us to conclude that some detainees were subjected to techniques that constituted torture. This inhumane and brutal treatment never should have occurred. Further, the report raises serious concerns about the CIA’s management of this program.
Our vote to declassify this report does not signal our full endorsement of all of its conclusions or its methodology. The report has some intrinsic limitations because it did not involve direct interviews of CIA officials, contract personnel, or other Executive branch personnel. It also, unfortunately, did not include the participation of the staff of Republican Committee members. We do, however, believe in transparency and believe that the Executive Summary, and Additional and Dissenting Views, and the CIA’s rebuttal should be made public with appropriate redactions so the American public can reach their own conclusions about the conduct of this program.
Torture is wrong, and we must make sure that the misconduct and the grave errors made in the CIA’s detention and interrogation program never happen again.
It certainly took long enough. The new 577-page torture report from The Constitution Project’s bipartisan commission concluded (emphasis added):
The question as to whether U.S. forces and agents engaged in torture has been complicated by the existence of two vocal camps in the public debate. This has been particularly vexing for traditional journalists who are trained and accustomed to recording the arguments of both sides in a dispute without declaring one right and the other wrong. The public may simply perceive that there is no right side, as there are two equally fervent views held views on a subject, with substantially credentialed people on both sides. In this case, the problem is exacerbated by the fact that among those who insist that the United States did not engage in torture are figures who served at the highest levels of government, including Vice President Dick Cheney.
But this Task Force is not bound by this convention.
The members, coming from a wide political spectrum, believe that arguments that the nation did not engage in torture and that much of what occurred should be defined as something less than torture are not credible.
Now that a bipartisan blue-ribbon panel has reached the conclusion that President George W. Bush and his top advisers bear “ultimate responsibility” for authorizing torture in violation of domestic and international law, the question becomes what should the American people and their government do.
The logical answer would seem to be: prosecute Bush and his cronies (or turn them over to an international tribunal if the U.S. legal system can’t do the job). After all, everyone, including President Barack Obama and possibly even Bush himself, would agree with the principle that “no man is above the law.”
Interestingly enough, Section 3286 of the USA PATRIOT Act effectively abolished the statute of limitations for torture.
The U.N. Convention Against Torture, signed by President Reagan in 1988, compels all signatories who discover credible allegations that government officials have participated or been complicit in torture to “submit the case to its competent authorities for the purpose of prosecution” (Art. 7(1)).
The disgrace of the American torture regime falls on Bush officials and secondarily the media and political institutions that acquiesced to it, but the full-scale protection of those war crimes (and the denial of justice to their victims) falls squarely on the Obama administration.
Last August, the Department of Justice ended a four-year criminal investigation by federal prosecutor John Durham into interrogation techniques used during the presidency of George W. Bush, including torture. At least two cases resulted in the deaths of detainees in CIA custody. This investigation began in 2008, after we learned about the CIA’s destruction of videotapes of interrogations of terror suspects. Attorney General Eric Holder decided not to initiate any prosecutions.
Late last year, the European Court of Human Rights ruled German citizen Khaled el-Masri was tortured by CIA agents. He was seized in Macedonia in December 2003, tortured, and secretly flown to Afghanistan. Then he was released in April 2004. after the CIA admitted he was wrongly detained. El Masri’s lawsuit in U.S. court for illegal detention was dismissed in 2006 when the court accepted the government’s position that it could invoke the so-called “state secrets privilege” in order to avoid having to admit what the CIA did.
The US Senate’s select committee on intelligence conducted a three-year review of CIA treatment of detainees, producing a 6,000-page classified report that is believed to conclude that the so-called “enhanced interrogation techniques” adopted by the CIA during the Bush years did not produce any major breakthroughs in intelligence, contrary to previous claims. This report is likely to remain secret. Senator Dianne Feinstein, the intelligence committee chair, says the report contains “startling details” about waterboarding, stress positions, forced nudity, beatings and sleep and sensory deprivation.
Torture and conspiracy to commit torture is a federal crime punishable by up to 20 years in a federal penitentiary, or by the death penalty if it results in the victim’s death. So who is going to prison now that the CIA torture program has been thoroughly investigated?
1. Someone who conducted “enhanced interrogation” torture sessions.
2. Someone who destroyed evidence of torture.
3. Someone who wrote a legal memo justifying the use of torture.
4. Someone high up in the Bush administration who authorized torture.
5. Someone who opposed torture within the CIA and later blew the whistle on the terrible crimes committed in our name.
If you guessed #5, you’re correct.
Last Friday, ex-CIA officer John C. Kiriakou became the first person to be sentenced to prison for issues related to CIA torture. Kiriakou was sentenced to 30 months in prison after pleading guilty to one count of violating the Intelligence Identities Protection Act for revealing the name of a former operative involved the Bush era’s brutal interrogation of detainees at Guantanamo to a reporter.
Kiriakou worked as a CIA operative for more than two decades and led a March 2002 raid that captured high-ranking Al Qaeda suspect Abu Zubaydah. He was also a vocal torture opponent who revealed his knowledge of U.S. enhanced interrogation techniques, including waterboarding, in an ABC interview in 2007.
UPDATE: From Roots Action: Free John Kiriakou
On June 18, 2009, President Obama declared that no one in the CIA would be prosecuted for torture. But now a CIA officer is finally going to prison in connection with torture. However, this CIA officer didn’t torture anyone — he blew the whistle on torture.
In 2007, John Kiriakou was the first person to publicly acknowledge that the CIA was waterboarding people. The retribution for that act of whistleblowing began immediately.
The CIA began filing crime reports with the Department of Justice against Kiriakou. The IRS audited him in 2007 and has done so every year since. His wife was forced out of her job at the CIA. In 2010 an FBI agent pretending to be a foreign spy tried to entrap Kiriakou, who reported the incidents to the FBI. The same FBI follows him everywhere, including into his children’s school.
The DOJ tried unsuccessfully to prosecute Kiriakou under the Espionage Act as a supposed enemy of the state. He became unemployable and racked up a million dollars in lawyers’ bills.
Now Kiriakou is finally going to prison for 30 months for the act of telling an author the name of someone to interview, even though the name was already known and Kiriakou’s prosecution has made it better known.