Showing posts with label Binyam Mohamed. Show all posts
Showing posts with label Binyam Mohamed. Show all posts

Sunday, April 6, 2014

The Real Roots of the CIA's Rendition and Black Sites Program

Originally posted at Truthout on February 17, 2010, but the article by H.P. Albarelli and Jeff Kaye is worth reposting now with all the controversy over the release of the Senate Select Intelligence Committee's report on the CIA's Rendition, Detention and Rendition program. Whatever the public gets from any putative release -- and the CIA is fully in charge of deciding what gets censored and what doesn't from the Executive Summary portion that is section supposedly up for declassification review -- we can be sure that we will only get a "limited hangout" about what the CIA really did... and does.

The article below has been lightly edited to allow for some changes in events in the past four years, and a link has been added to document the CIA material on the "Kelly case."

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On Tuesday, February 10, the British High Court finally released a "seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed." The document is itself a summary of 42 classified CIA documents given to the British in 2002. The US government has threatened the British government that the US-British intelligence relationship could be damaged if this material were released. The revelations regarding Mohamed's torture, which include documentation of the fact the US conducted "continuous sleep deprivation" under threats of harm, rendition, or being "disappeared," were criticized by the British court as being "at the very least cruel, inhuman and degrading treatment by the United States authorities," and in violation of the United Nations Convention Against Torture.

The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed's torture places the implementation of the Bush administration's so-called "enhanced interrogation techniques" many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance. Over the past decade, many Americans have been shocked and disturbed about the CIA's secret program of rendition and torture carried out in numerous secret sites (dubbed "black sites" by the CIA) around the globe. The dimensions of this program for the most part are still classified "Eyes Only" in the intelligence community, but the program's roots can be clearly discovered in the early 1950's with the CIA's Artichoke Project. Perhaps the best and strangest case illustrating this can be found in the agency's own files. This is the so-called "Lyle O. Kelly case." The facts of this case are drawn from declassified government documents.

An Early Example of Torture and Rendition: "The Kelly Case"

In late January 1952, Morse Allen, a CIA Security Office official, was summoned to the office of his superior, security deputy chief Robert L. Bannerman, where he met with another agency official to discuss what Bannerman initially introduced as "the Kelly case." Wrote Allen, in a subsequent memorandum for his files, the official "explained in substance the Kelly case as follows: "Kelly, (whose real name is Dimitrov), is a 29-year-old Bulgarian and was the head of a small political party based in Greece and ostentively [sic] working for Bulgarian independence." The official described Dimitrov [whose first name was Dimitre] to Allen as "being young, ambitious, bright ... a sort of a 'man-on-a-horse' type but a typical Balkan politician."

The official continued explaining to Allen that months earlier CIA field operatives discovered that Dimitrov was seriously considering becoming a double agent for the French Intelligence Service. "Accordingly," states the memo, "a plot was rigged in which [Dimitrov] was told he was going to be assassinated and as a protective he was placed in custody of the Greek Police." Successfully duped, Dimitrov was then thrown into prison. There he was subjected to interrogation and torture, and he witnessed the brutal torture of other persons the CIA had induced authorities to imprison. Greek intelligence and law enforcement agencies were especially barbaric in their methods. Highly respected Operation Gladio historian Daniele Ganser describes the treatment of prisoners: "Their toes and fingernails were torn out. Their feet were beaten with sticks, until the skin came off and their bones were broken. Sharp objects were shoved into their vaginas. Filthy rags, often soaked in urine, and sometimes excrement, were pushed down their throats to throttle them, tubes were inserted into their anus and water driven in under very high pressure, and electro shocks were applied to their heads."

According to Allen's memo, after holding Dimitrov for six months the Greek authorities decided he was no more than "a nuisance" and they told the CIA "to take him back." Because the agency was unable to dispose of Dimitrov in Greece, the memo states, the CIA flew him to a secret interrogation center at Fort Clayton in Panama. In the 1950's, Fort Clayton, along with nearby sister installations Forts Amador and Gulick, the initial homes of the Army's notorious School of the Americas, served as a secret prison and interrogation centers for double agents and others kidnapped and spirited out of Europe and other locations. Beginning in 1951, Fort Amador, and reportedly Fort Gulick, were extensively used by the Army and the CIA as a secret experimental site for developing behavior modification techniques and a wide range of drugs, including "truth drugs," mescaline, LSD and heroin. Former CIA officials have also long claimed that Forts Clayton and Amador in the 1950's hosted a number of secret Army assassination teams that operated throughout North and South America, Europe and Southeast Asia.

There in Panama, Dimitrov was again aggressively interrogated, and then confined as "a psychopathic patient" to a high-security hospital ward at Fort Clayton. Allen's memo makes a point of stating: "[Dimitrov] is not a psychopathic personality."

[The original Truthout article did not link to any documents on Artichoke or the "Kelly case." But these documents are fully available at the Mary Ferrell Foundation website, though you may have to create an account there to see the actual documents. See this link for a list of the documents.]

The Artichoke Treatment

This remarkable summary brought the official to the purpose of his meeting with CIA security official Morse Allen. After months of confinement in Panama, Dimitrov had become a serious problem for the agency and the military officials holding him in the hospital. Dimitrov had become increasingly angry and bitter about his treatment and he was insisting that he be released immediately. Dimitrov, through his strong intellect and observation powers, was also witnessing a great deal of Project Artichoke activity and on occasion would engage military and agency officials in unauthorized conversations. The official explained to Allen that the CIA could release Dimitrov to the custody of a friend of his in Venezuela, but was prone not to because Dimitrov was now judged to have become extremely hostile toward the CIA. "Hence," explained the official, "[CIA] is considering an 'Artichoke' approach to [Dimitrov] to see if it would be possible to re-orient [Dimitrov] favorably toward us."

Wrote Allen in his subsequent summary memorandum: "This [Artichoke] operation, which will necessarily involve the use of drugs is being considered by OPC with a possibility that Dr. Ecke and Mike Gladych will carry out the operation presumably at the military hospital in Panama. Also involved in this would be a Bulgarian interpreter who is a consultant to this Agency since neither Ecke nor Gladych speak Bulgarian." Allen noted in his memo that security chief Bannerman "pointed out" that this type of operation could "only be carried out" with his or his superior's (security chief Sheffield Edwards) authorization, and "that under no circumstances whatsoever, could anyone but an authorized M.D. administer drugs to any subject of this Agency of any type." (The "Dr. Ecke" mentioned above was Dr. Robert S. Ecke of Brooklyn, New York, and Eliot, Maine, where he died in 2001. "Mike Gladych," according to former CIA officials, was a decorated wartime pilot who after the war became "deeply involved in black market trafficking in Europe and the US," and then in the early 1950's was recruited to join a "newly composed Artichoke Team operating out of Washington, DC.")

Allen also wrote that Bannerman was concerned that the military hospital at Fort Clayton may not approve of or permit an Artichoke operation to be conducted on the ward within which Dimitrov was being held, thus necessitating the movement of Dimitrov to another location in Panama. Lastly, Bannerman stated to the official and Allen that "[the CIA's Office of] Security [through its Artichoke Committee] would have to be cognizant" of the operation, and may even want to "run the operation themselves since this type of work is one which Security handles for the Agency. Here it is interesting to note that among the many members of the agency's Artichoke Committee in 1952 was Dr. Frank Olson, who would about a year later be murdered in New York City.

Morse Allen concluded his memo: "While the [Artichoke] technique that Ecke and Gladych are considering for use in this case is not known to the writer [Allen], the writer believes the approach will be made through the standard narco-hypnosis technique. Re-conditioning and re-orientating an individual in such a matter, in the opinion of the writer, cannot be accomplished easily and will require a great deal of time.... It is also believed that with our present knowledge, we would have no absolute guarantee that the subject in this case would maintain a positive friendly attitude toward us even though there is apparently a successful response to the treatment. The writer did not suggest to [Bannerman and the CIA official] that perhaps a total amnesia could be created by a series of electro shocks, but merely indicated that amnesia under drug treatments was not certain." Interesting also is that Allen noted in his memo, about thirty days prior to his meeting, an official in the CIA's Technical Services Division, Walter Driscoll, discussed "the Kelly case" with him. No details of that discussion were provided.

About a month later, according to former CIA officials, after Artichoke Committee approval to subject Dimitrov to Artichoke techniques, a high-ranking CIA official objected to treating Dimitrov in such a manner. That objection delayed application of the techniques for about "three weeks." In March 1952, according to the same former officials, Dimitrov was "successfully given the Artichoke treatment in Panama for a period of about five weeks."

In late 1956, the CIA brought Dimitrov, at his request, to the United States. Apparently, the Agency felt comfortable enough with Dimitrov's diminished hostility and anger to agree to bring him to America from Athens, where he had returned for undetermined reasons. CIA files state, "The Agency made no further operation use of Dimitrov after he came to the United States, however, former CIA officials dispute this and relate that Dimitrov was "used on occasion for sensitive jobs."

This, however, was not the end of Dimitre Dimitrov's story.

After being relocated to the United States, Dimitrov either remained bitter or resumed his bitterness toward the CIA. In June 1960, he contacted the CIA's Domestic Contact Division and requested financial assistance for himself and additional covert support and assistance for activities against Bulgaria. In 1961, he contacted an editor at Parade, a Sunday newspaper magazine then with reported strong ties to the CIA, with the intention of telling his story. A Parade editor contacted the CIA and was informed, according to CIA documents, that Dimitrov was "an imposter" who was "disreputable, unreliable, and full of wild stories about the CIA."

About ten years after the JFK assassination, Dimitrov, operating sometimes under the aliases Lyle Kelly, James Adams, General Dimitre Dimitrov and Donald A. Donaldson, informed a number of people that he had information about who ordered the murder of JFK and who had committed the act. Reportedly, he had encountered the assassins while he had been imprisoned in Panama. He also told several people that he knew about military snipers who had murdered Martin Luther King. In 1977, Dimitrov actually met with US Sen. Frank Church, head of a Senate Committee investigating the CIA, and President Gerald Ford to share his information. Dimitrov said after the meeting that Ford had asked him to keep the information confidential until he could verify a number of facts. Immediately following the March 29, 1977, death of Lee Harvey Oswald's friend George de Mohrenschildt, Dimitrov became extremely frightened and contacted a reporter with a foreign television station who either mistakenly, or intentionally, revealed Dimitrov's name publicly on American television. Not long after this, Dimitrov disappeared in Europe where he had fled. He has never been seen or heard from since. Former CIA officials say privately, "Dimitrov was murdered" and "His body will never be found."

A 1977 memorandum written, before Dimitrov's disappearance, by an attorney in the CIA's General Counsel's Office, A. R. Cinquegrana, states: "[It appears] to me that the nature of the Agency's treatment of Dimitrov might be something which should be brought to the attention of appropriate officials both within and outside the Agency. The fact that he is still active and is making allegations connected with the Kennedy assassination may add yet another dimension to this story."

Binyam Mohamed's Torture

Dimtrov's story takes on added significance when one considers the latest stories of the unraveling torture conspiracy and operations conducted by the American CIA and Department of Defense, in conjunction with their British allied organizations, and a host of other governments, including Israel, Jordan, Morocco, Pakistan, Poland and numerous others. After a series of exposures during the 1970's, many assumed the worst excesses of the Cold War torture research program, and its implementation in programs such as the CIA's Operation Phoenix in Vietnam were a fixture of the past. However, subsequent revelations, e.g. the appearance of a US-sponsored torture manual for use in Latin America in the 1980's, including documentation of torture by US forces in the immediate aftermath of 9/11 and the invasion of Afghanistan, demonstrate that a direct line exists between the torture and rendition programs of the past and the practices of the present day. Recently, articles have detailed how the 2006 rewrite of the Army Field Manual allowed for use of ongoing isolation, sleep deprivation, sensory deprivation, induction of fear and the use of drugs that cause temporary derangement of the senses.

The Binyam Mohamed story is unfortunately not unique, but it does demonstrate that the implementation of a SERE-derived experimental torture program began months before it was given legal cover by the memos written by John Yoo and Jay Bybee. Other stories, for instance of "War on Terror" captives being drugged and tortured, have been related by the prisoners themselves, by their attorneys, and by US and international rights agencies, including the International Committee of the Red Cross, whose report on the torture of CIA "high-value detainees" was leaked to Mark Danner of the New York Review of Books.

While Binyam in many ways had a very different personal background than Dimitrov, like the Bulgarian political leader, he was rendered to a US foreign ally for torture. He was drugged. He was considered unreliable and a "disposal" problem for US leaders, who kept secret the actual treatment they endured. Both were victims of a torture program run by the CIA. Both were sent from their foreign torturer back to US custody, where they endured intense psychological torture.

Binyam Mohamed was arrested in Pakistan in April 2002, where his torture, as evidenced by the latest UK court release, was supervised by US agents. This torture was akin to the treatment meted out to Abu Zubaydah. Binyam was subsequently sent to Morocco in July 2002, where he was hideously tortured for 18 months, including a period where multiple scalpel cuts were made to his penis, and a hot stinging fluid poured on the wounds in an attempt to get him to confess to a false "dirty bomb" plot. (The US only dropped the bombing claims in October 2008.) At one point, a British informer was used to try to "turn" Mohamed into an informant for the US or Britain, just as the Artichoke treatment was used to "re-orient" Dimitrov in a pro-US direction. Mohamed also indicated that he had been drugged repeatedly.

In January 2004, Binyam Mohamed was flown to a CIA "black" site in Afghanistan, the infamous "Dark Prison." Mohamed is one of five plaintiffs in an ACLU suit against Boeing subsidiary Jeppesen DataPlan Inc., which ran the aircraft for the CIA's "extraordinary rendition" program. According to an ACLU account:
In US custody, Mohamed was fed meals of raw rice, beans and bread sparingly and irregularly. He was kept in almost complete darkness for 23 hours a day and made to stay awake for days at a time by loud music and other frightening and irritating recordings, including the sounds of "ghost laughter," thunder, aircraft taking off and the screams of women and children. 
Interrogations took place on almost a daily basis. As part of the interrogation process, he was shown pictures of Afghanis and Pakistanis and was interrogated about the story behind each picture. Although Mohamed knew none of the persons pictured, he would invent stories about them so as to avoid further torture. In May 2004, Mohamed was allowed outside for five minutes. It was the first time he had seen the sun in two years.
Amazingly, this was not the end of Mohamed's ordeal. From the Dark Prison he was sent to Bagram prison, and then later to Guantanamo. In August 2007, the British government petitioned the US for release of their subject. Eighteen months later, and after being subjected to more abuse at Guantanamo, he was finally able to leave US custody and return to Britain.

[The ACLU's suit against Jeppesen was ultimately dismissed. In May 2011, the Supreme Court turned down an ACLU request to hear the suit.]

The Use of Drugs in Torture by the United States

The allegations of drugging by Mohamed and other prisoners are redolent of the use of hallucinogenic and other powerful mind-altering drugs by the US in its Artichoke, MK-ULTRA and other programs. A recent account, by Joby Warrick of The Washington Post, described some of these allegations of drugging of "detainees." The Post article subsequently led to an ongoing DoD Inspector General investigation into Possible Use of Mind Altering Substances by DoD Personnel during Interrogations of Detainees and/or Prisoners Captured during the War on Terror (D2007-DINT01-0092.005) "to determine if DoD personnel conducted, facilitated, or otherwise supported interrogations of detainees and /or prisoners using the threat or administration of mind altering drugs." According to his attorney's filings in the Jose Padilla case, Padilla, who was also originally implicated in the "dirty bomb" so-called plot with Binyam Mohamed, was forced to take LSD or other powerful drugs while held in solitary confinement in the Navy brig in South Carolina.

[The DoD IG report on drugging of prisoners was finally released in July 2012, thanks to a FOIA request I had filed. The report takes up some of the charges listed here, but only in a partial and misleading fashion. For a complete analysis, see the article by Jason Leopold and Jeff Kaye at this link.]

Another former Guantanamo prisoner, Mamdouh Habib, an Egyptian-born Australian Muslim released in 2005, has consistently told his tale of being subjected to electroshock, beatings and drugging while in US custody.

The CIA has been accused of involvement in continuing interrogation experimentation upon prisoners. The recent release of the previously censored summary of Mohamed's treatment in Pakistan notes that "The effects of the sleep deprivation were carefully observed." As Stephen Soldz notes in an article on the British court revelations, "Why were these effects being 'carefully observed' unless to determine their effectiveness in order to see whether they should be inflicted upon others? That is, the observations were designed to generate knowledge that could be generalized to other prisoners. The seeking of "generalizable knowledge" is the official definition of "research," raising the question of whether the CIA conducted illegal research upon Binyan Mohamed." The role of doctors, psychologists and other medical professionals in the CIA/DoD torture program has been condemned by a number of individuals in their respective fields, and by organizations such as Center for Constitutional Rights and Physicians for Human Rights.

Most recently, in an important article by Scott Horton at Harpers, the reexamination of the evidence in the supposed 2006 suicides of three prisoners at Guantanamo pointed to the possibility that the prisoners were killed in a previously unknown black site prison on the Guantanamo base - "Camp No" - run by the CIA or Joint Special Operations Command. This raises the question of why they were taken off site at all. One prisoner, 22-year-old Yasser Talal Al-Zahrani, had needle marks on both of his arms. The marks were notably not documented in the US military's autopsy report.

Where Do We Go From Here?

The tale of Dmitri Dimitrov documents the existence of a US-run torture and rendition program decades before the post-9/11 scandals of the Bush administration. Both the CIA and the Department of Defense have been implicated in both the research and implementation of torture for much of post-World War II US history. And yet, aside from the famous Church and Pike Congressional investigations of the 1970's, and the hearings and report from the Senate Armed Services Committee in 2008-09 on detainee abuse, the perpetrators of these crimes have gone unpunished. The current administration of President Barack Obama has clearly stated that it had little appetite to "look backwards" and seek accountability for the abuses of the past. Yet these abuses are never really "past," as the suffering of the victims and their families continues into the present. Additionally, the practice of torture, or use of "cruel, inhumane and degrading treatment" of prisoners has not ended, and the same generals, colonels, admirals and intelligence agency bureaucrats and politicians who have been linked to past programs are free to research or implement ongoing abuse of prisoners and experimentation.

This country needs a clear and definite accounting of its past and present use of torture. Like a universal acid, torture breaks down the sinews of its victims, and in the process, the links between people and their government are transformed into the naked exercise of pure sadistic power of rulers over the ruled. The very purpose of civilization is atomized in the process. We need a full, open and thorough public investigation into the entire history of the torture program, with full power to subpoena, and to refer those who shall be held accountable for prosecution under the due process of law.

Wednesday, September 8, 2010

9th Circuit Adopts "State Secrets" Defense Against Jeppensen Rendition-Torture Victims

In yet another outrage in the torture scandal, according to an ACLU press release, the 9th Circuit Court of Appeals, ostensibly the most liberal such court in the nation, has ruled Wednesday in an en banc hearing that the lawsuit of five men kidnapped and tortured by the United States government is dismissed, as trespassing upon "state secrets" privileges by the government. The ruling follows an appeal by the Obama administration, who has proven the worthy successor to the Bush/Cheney executive, striving to keep secret state actions of rendition and torture.

The five men include former prisoner Binyam Mohamed, whose case has been covered extensively by the press, and whose torture is a key reason the government of Great Britain recently announced that there would be an investigation of British collaboration with the United States on the torture and rendition programs. A UK Guardian story reported on protests by the legal charity Reprieve over the appointment of the intelligence-linked Sir Peter Gibson to head the inquiry. I'd made much the same exception to Gibson's appointment in my coverage of the announcement of the inquiry back in July. Of course, the British government claims no conflict of interest for the 76-year-old Gibson, who is Intelligence Services Commissioner, responsible for monitoring secret bugging operations by MI5, MI6 and GCHQ (Britain’s version of the NSA).

The 9th Circuit's final vote was tight, 6-5, and the decision and the dissents are well-worth reading (PDF). But this ruling is an outrage, and another indication of the anti-democratic nature of this supposed democratic state, made more ironic and sickening when you consider that the U.S. military spills the blood of hundreds of thousands, and makes refugees out of millions more, all in the name of spreading "Democracy." It would be funny, if it weren't so... so criminal and disgusting.

Consider this story from just one of the five defendants, Ahmed Agiza, seeking damages against Jeppesen DataPlan, Inc, the Boeing subsidiary that leased the planes used in some of the torture renditions. He was kidnapped by the CIA from Sweden and sent to Egyptian torturers three months after 9/11. Note, too, that Sweden had negotiated with Egypt guarantees of humane treatment (for all of you who believe the Obama administration's claims that getting guarantees regarding conditions of imprisonment and interrogation from "host" countries makes rendition "safe"). From the court's ruling:
Plaintiff Ahmed Agiza, an Egyptian national who had been seeking asylum in Sweden, was captured by Swedish authori- ties, allegedly transferred to American custody and flown to Egypt. In Egypt, he claims he was held for five weeks “in a squalid, windowless, and frigid cell,” where he was “severely and repeatedly beaten” and subjected to electric shock through electrodes attached to his ear lobes, nipples and geni- tals. Agiza was held in detention for two and a half years, after which he was given a six-hour trial before a military court, convicted and sentenced to 15 years in Egyptian prison. According to plaintiffs, “[v]irtually every aspect of Agiza’s rendition, including his torture in Egypt, has been publicly acknowledged by the Swedish government.”
From the ACLU press release:
SAN FRANCISCO – A federal appeals court today dismissed a case against Boeing subsidiary Jeppesen DataPlan, Inc. for its role in the Bush administration's extraordinary rendition program. The American Civil Liberties Union and the ACLU of Northern California filed the lawsuit in May 2007 on behalf of five men who were kidnapped by the CIA, forcibly disappeared to U.S.-run prisons overseas and tortured. The Bush administration intervened in the case, improperly asserting the "state secrets" privilege in an attempt to have the lawsuit thrown out.

In April 2009, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that the government must invoke the state secrets privilege with respect to specific pieces of evidence – not over an entire lawsuit. The Obama administration appealed that ruling, and in December the appeal was heard by an en banc panel of all 11 Ninth Circuit judges. According to the ACLU, today's ruling all but shuts the door on accountability for the illegal program. The ACLU intends to seek Supreme Court review of the decision.

The following can be attributed to Ben Wizner, staff attorney with the ACLU, who argued the case before the Ninth Circuit:

"This is a sad day not only for the torture victims whose attempt to seek justice has been extinguished, but for all Americans who care about the rule of law and our nation's reputation in the world. To date, not a single victim of the Bush administration's torture program has had his day in court. If today's decision is allowed to stand, the United States will have closed its courtroom doors to torture victims while providing complete immunity to their torturers. The torture architects and their enablers may have escaped the judgment of this court, but they will not escape the judgment of history."

Attorneys on the case are Wizner, Steven Watt, Steven R. Shapiro and Jameel Jaffer of the national ACLU, Julia Harumi Mass of the ACLU of Northern California, Paul Hoffman of the law firm Schonbrun DeSimone Seplow Harris & Hoffman LLP and Hope Metcalf of the Yale Law School Lowenstein Clinic. In addition, Margaret L. Satterthwaite and Amna Akbar of the International Human Rights Clinic of New York University School of Law and Clive Stafford-Smith and Zachary Katznelson represent plaintiffs in this case.
Others are responding to this terrible decision by the Ninth Circuit, including Marcy Wheeler, Nick Baumann, Josh Gerstein, and Garrett at Daily Kos. For more on the rendition story, see my article at Firedoglake last July, UK on U.S. Rendition: “Is it clear that detention, rather than killing, is the objective of the operation?” For an even longer historical perspective, read The Real Roots of the CIA's Rendition and Black Sites Program by H.P. Albarelli and Jeffrey Kaye, published at Truthout.org last February.

Bottom line? Ben Wizner described it well, calling it a sad, sad day for all torture victims, as well as those who care about the rule of law. Marcy Wheeler put it more acerbicly:
So basically, the government can kidnap you and send you to be tortured – as they did with Binyam Mohamed – yet even if your contractors acknowledge what they were doing, if the government wants to call their own law-breaking a secret, the most liberal Circuit Court in the country agrees they can.
In a related story, see Adam Goldman's AP piece on the torture of Abd al-Rahim al-Nashiri at a CIA black site prison in Poland, where he had been sent via rendition back in 2002 and 2003. Al-Nashiri famously had both a gun and a drill held threateningly to his head during the torture. Ostensibly, according to the article, the torturer in question was an ex-FBI agent and CIA interrogator named "Albert." The article looks meant to warn DoJ prosecutor John Durham not to bother with a prosecution of the CIA agents involved, as doing so would open a can of worms, since previously DoJ declined prosecution, and "Albert" went on to work for the CIA for years after his "reprimand" in the Nashiri case.

As al-Nashiri's attorney said about her client's case:
"Terrorizing a hooded, shackled prisoner is torture," [Nancy] Hollander said. "I will do everything in my power to make sure the world knows that agents of the U.S. government tortured my client and have now held him in violation of U.S. and international law for over eight years."

Wednesday, March 17, 2010

U.S. Revokes Visa of Irish Anti-Renditions Activist

Originally posted at Firedoglake

The North Carolina News Observer reports in a March 15 article that the co-founder of ShannonWatch, Edward Horgan, a well-known Irish activist and former Irish Defense Force officer, has had his 10-year, multiple-entry U.S. visa revoked without explanation. Horgan and others believe it is because of his principled stand against the U.S. use of renditions, and in particular, the use of Shannon Airport in western Ireland as a stopover for U.S. rendition flights. ShannonWatch has documented the use of the airport as a stopover for CIA rendition flights (see their page documenting such flights).

As the NO article by Christina Cowger and Robin Kirk notes, Horgan is no long-haired radical, or bomb-making terrorist. He has been a UN peace keeper, and monitored "elections in places like Ghana, Armenia, Zimbabwe, East Timor and Ukraine." According to his online resume, he has worked with the Organization for Security and Co-operation in Europe (OSCE) and the European Union. He is getting his Ph.D. in international relations at the University of Limerick. He is also now persona non grata in Barack Obama's supposedly more open and transparent United States.

According to Cowger and Kirk:
Last year, Horgan visited the United States to see family and attend the presidential inauguration. But this year, while observing elections in frigid Kiev, he learned that his 10-year, multiple-entry U.S. visa had been revoked.

The reason? No official will say, though Horgan is scheduled to attend an April conference at Duke University to speak about his opposition to extraordinary rendition.
In fact, Horgan is still listed on the speakers panel for the Duke conference -- "Weaving a Net of Accountability: Taking on extraordinary rendition at the state and regional level" -- along with Scott Horton; rendition victim and CIA black site torture survivor and Guantanamo prisoner, Bisher al-Rawi; psychologist-activist, and president of Psychologists for Social Responsibility, Stephen Soldz; ACLU Senior Staff Attorney Steven Watt; Co-director of the International Human Rights Clinic, Margaret Satterthwaite; and others. Christina Cowger, who, I should note, wrote the NO article referenced here, is also listed as a speaker, affiliated with North Carolina Stop Torture Now.

It seems reasonable to assume, lacking any other evidence, that Horgan is being politically targeted by the Obama administration. This is the kind of behavior we came to expect in the days of Bush and Cheney. But it goes with the territory. Barack Obama decided in the first weeks of his administration to maintain the previous administration's rendition program, complete with fig-leaf assurances that U.S. authorities would receive no-harm promises from Egypt, Morocco, Jordan, and other rendition destination sites known for wide-spread use of torture. No human rights organization believes that promise, and U.S. State Department Human Rights Country Reports have strongly criticized many of these countries for their use of torture, arbitrary detention and prison conditions.

In Working Document No. 8 (PDF), the European Union (EU) last year summarized its investigation into CIA use of European countries for the Bush rendition program. The report notes, by the way, "It is worth to remind that, in many occasions, it is not only the CIA the single organiser of the flights included in this working document... but also other entities of US administration, among [them] the Department of Defence..."

Documenting U.S. Rendition Flights in Europe

The Working Document reports over 1000 rendition flights between the end of 2001 and the end of 2005, including the "extraordinary renditions" of Abu Omar, Maher Arar, Khaled el-Masri, Ahmed al-Giza, Mohamed El-Zari, Binyam Mohammed, Bisher al Rawi, Jamil El-Banna, Abou Elkassim Britel, among others. With destinations in Jordan, Azerbaijan, Turkmenistan, Egypt, Morocco, Iraq, Uzbekistan, Afghanistan, Libya, Guantanamo and elsewhere, these flights had stopovers in all 25 EU countries, as well as Romania, Iceland, Switzerland, Albania, Turkey, and elsewhere.

Truly, the scope of the U.S. rendition program was world-wide, and no one really knows the full extent of the massive kidnapping and torture operation. One of the airlines associated with CIA renditions, Aero Contractors, is based in Smithfield, North Carolina.

The Obama administration has done its best, as well, to keep the lid on accountability for these crimes, using legal maneuvers to keep suits by rendition victims out of the courts, citing expanded views of "state secrets" privilege to shut down such cases. The ACLU suit against Boeing subsidiary Jeppesen DataPlan is one of the key legal cases the U.S. has tried to squelch by the use of such tactics.

As one example, the EU report documents that the plane used for the "extraordinary renditions" of German citizen Khaled el-Masri from Skopje to Afghanistan on 24 January 2004, and Ethiopian citizen and British resident Binyam Mohammed from Rabat to Kabul on 22 January 2004 -- a Boeing 737-7ET aircraft registered as N313P (and later N4476S) -- stopped numerous times at "civilian-military airports including Frankfurt (72 times), Shannon (24), United Kingdom (23), Palma de Mallorca (7), Poland, Romania, Check [sic] Republic, Malta, Cyprus and Geneva."

The mention of Shannon brings us back to the case of Edward Horgan. An outspoken opponent of torture, Horgan made political waves in Ireland when he publicly resigned last year from the Green Party. In 2007, the Green Party entered the Irish government of Fianna Fáil and the Progressive Democrats. Since that time, they have been criticized for failing to keep to their ideals. Horgan's open letter spoke to his disenchantment on the renditions issue (emphasis in original):
The Green Party, led by John Gormley claimed to be staunch opponents of the wars in Iraq and Afghanistan and opponents of the abandonment of Irish neutrality at Shannon airport. They have even abandoned the pretence that the programme for Government would impose searches on CIA associated aircraft at Shannon airport.

Not only have no such planes been searched and no investigations carried out on the use of Shannon airport in the US torture rendition programme, but whistle blowers such as Edward Horgan and Conor Cregan have been unjustifiable arrested, charged and spuriously brought before the courts several times for daring to ask the Gardai to investigate the presence of CIA aircraft at Shannon. Both have been repeatedly vindicated by the Irish courts for their whistle blowing actions at Shannon airport.

Who will vindicate those lives lost and those prisoners tortured with the active complicity of the present Irish Government at Shannon airport?
Rather than being kept out of the United States, Horgan should be given a medal for his outstanding courage and forthrightness in not abandoning the battle for accountability for one of the most incredible human rights crimes perpetrated by so-called democratic state in our lifetime. The Obama administration should be ashamed for its behavior in keeping Mr. Horgan from entering this country. And Americans should be ashamed for letting this happen, as the struggle for accountability for torture is shunted aside for political expediency, or staggers under the blows of right-wing propaganda and media indifference.

For further information, see the Amnesty International report, Breaking the Chain: Ending Ireland's Role in Renditions (PDF), or if you are in Durham, NC, April 8-10, you might want to attend the public conference noted in the article, Weaving a Net of Accountability.

Friday, February 19, 2010

Torture, Rendition Programs Began During the Cold War

The Real Roots of the CIA's Rendition and Black Sites Program

by H.P. Albarelli and Jeffrey Kaye

Originally posted February 17, 2010 at Truthout

On Tuesday, February 10, the British High Court finally released a "seven-paragraph court document showing that MI5 officers were involved in the ill-treatment of a British resident, Binyam Mohamed." The document is itself a summary of 42 classified CIA documents given to the British in 2002. The US government has threatened the British government that the US-British intelligence relationship could be damaged if this material were released. The revelations regarding Mohamed's torture, which include documentation of the fact the US conducted "continuous sleep deprivation" under threats of harm, rendition, or being "disappeared," were criticized by the British court as being "at the very least cruel, inhuman and degrading treatment by the United States authorities," and in violation of the United Nations Convention Against Torture.

The Mohamed case is the most prominent of a number of cases that have come to public attention. While the timeline of Mohamed's torture places the implementation of the Bush administration's so-called "enhanced interrogation techniques" many months prior to their questionable legal justification in the August 1, 2002, Jay Bybee memo to the CIA, the use of torture and rendition has a much earlier provenance. Over the past decade, many Americans have been shocked and disturbed about the CIA's secret program of rendition and torture carried out in numerous secret sites (dubbed "black sites" by the CIA) around the globe. The dimensions of this program for the most part are still classified "Eyes Only" in the intelligence community, but the program's roots can be clearly discovered in the early 1950's with the CIA's Artichoke Project. Perhaps the best and strangest case illustrating this can be found in the agency's own files. This is the so-called "Lyle O. Kelly case." The facts of this case are drawn from declassified government documents.

An Early Example of Torture and Rendition: "The Kelly Case"

In late January 1952, Morse Allen, a CIA Security Office official, was summoned to the office of his superior, security deputy chief Robert L. Bannerman, where he met with another agency official to discuss what Bannerman initially introduced as "the Kelly case." Wrote Allen, in a subsequent memorandum for his files, the official "explained in substance the Kelly case as follows: "Kelly, (whose real name is Dimitrov), is a 29-year-old Bulgarian and was the head of a small political party based in Greece and ostentively [sic] working for Bulgarian independence." The official described Dimitrov [whose first name was Dimitre] to Allen as "being young, ambitious, bright ... a sort of a 'man-on-a-horse' type but a typical Balkan politician."

The official continued explaining to Allen that months earlier CIA field operatives discovered that Dimitrov was seriously considering becoming a double agent for the French Intelligence Service. "Accordingly," states the memo, "a plot was rigged in which [Dimitrov] was told he was going to be assassinated and as a protective he was placed in custody of the Greek Police." Successfully duped, Dimitrov was then thrown into prison. There he was subjected to interrogation and torture, and he witnessed the brutal torture of other persons the CIA had induced authorities to imprison. Greek intelligence and law enforcement agencies were especially barbaric in their methods. Highly respected Operation Gladio historian Daniele Ganser describes the treatment of prisoners: "Their toes and fingernails were torn out. Their feet were beaten with sticks, until the skin came off and their bones were broken. Sharp objects were shoved into their vaginas. Filthy rags, often soaked in urine, and sometimes excrement, were pushed down their throats to throttle them, tubes were inserted into their anus and water driven in under very high pressure, and electro shocks were applied to their heads."

According to Allen's memo, after holding Dimitrov for six months the Greek authorities decided he was no more than "a nuisance" and they told the CIA "to take him back." Because the agency was unable to dispose of Dimitrov in Greece, the memo states, the CIA flew him to a secret interrogation center at Fort Clayton in Panama. In the 1950's, Fort Clayton, along with nearby sister installations Forts Amador and Gulick, the initial homes of the Army's notorious School of the Americas, served as a secret prison and interrogation centers for double agents and others kidnapped and spirited out of Europe and other locations. Beginning in 1951, Fort Amador, and reportedly Fort Gulick, were extensively used by the Army and the CIA as a secret experimental site for developing behavior modification techniques and a wide range of drugs, including "truth drugs," mescaline, LSD and heroin. Former CIA officials have also long claimed that Forts Clayton and Amador in the 1950's hosted a number of secret Army assassination teams that operated throughout North and South America, Europe and Southeast Asia.

There in Panama, Dimitrov was again aggressively interrogated, and then confined as "a psychopathic patient" to a high-security hospital ward at Fort Clayton. Allen's memo makes a point of stating: "[Dimitrov] is not a psychopathic personality."

The Artichoke Treatment

This remarkable summary brought the official to the purpose of his meeting with CIA security official Morse Allen. After months of confinement in Panama, Dimitrov had become a serious problem for the agency and the military officials holding him in the hospital. Dimitrov had become increasingly angry and bitter about his treatment and he was insisting that he be released immediately. Dimitrov, through his strong intellect and observation powers, was also witnessing a great deal of Project Artichoke activity and on occasion would engage military and agency officials in unauthorized conversations. The official explained to Allen that the CIA could release Dimitrov to the custody of a friend of his in Venezuela, but was prone not to because Dimitrov was now judged to have become extremely hostile toward the CIA. "Hence," explained the official, "[CIA] is considering an 'Artichoke' approach to [Dimitrov] to see if it would be possible to re-orient [Dimitrov] favorably toward us."

Wrote Allen in his subsequent summary memorandum: "This [Artichoke] operation, which will necessarily involve the use of drugs is being considered by OPC with a possibility that Dr. Ecke and Mike Gladych will carry out the operation presumably at the military hospital in Panama. Also involved in this would be a Bulgarian interpreter who is a consultant to this Agency since neither Ecke nor Gladych speak Bulgarian." Allen noted in his memo that security chief Bannerman "pointed out" that this type of operation could "only be carried out" with his or his superior's (security chief Sheffield Edwards) authorization, and "that under no circumstances whatsoever, could anyone but an authorized M.D. administer drugs to any subject of this Agency of any type." (The "Dr. Ecke" mentioned above was Dr. Robert S. Ecke of Brooklyn, New York, and Eliot, Maine, where he died in 2001. "Mike Gladych," according to former CIA officials, was a decorated wartime pilot who after the war became "deeply involved in black market trafficking in Europe and the US," and then in the early 1950's was recruited to join a "newly composed Artichoke Team operating out of Washington, DC.")

Allen also wrote that Bannerman was concerned that the military hospital at Fort Clayton may not approve of or permit an Artichoke operation to be conducted on the ward within which Dimitrov was being held, thus necessitating the movement of Dimitrov to another location in Panama. Lastly, Bannerman stated to the official and Allen that "[the CIA's Office of] Security [through its Artichoke Committee] would have to be cognizant" of the operation, and may even want to "run the operation themselves since this type of work is one which Security handles for the Agency. Here it is interesting to note that among the many members of the agency's Artichoke Committee in 1952 was Dr. Frank Olson, who would about a year later be murdered in New York City.

Morse Allen concluded his memo: "While the [Artichoke] technique that Ecke and Gladych are considering for use in this case is not known to the writer [Allen], the writer believes the approach will be made through the standard narco-hypnosis technique. Re-conditioning and re-orientating an individual in such a matter, in the opinion of the writer, cannot be accomplished easily and will require a great deal of time.... It is also believed that with our present knowledge, we would have no absolute guarantee that the subject in this case would maintain a positive friendly attitude toward us even though there is apparently a successful response to the treatment. The writer did not suggest to [Bannerman and the CIA official] that perhaps a total amnesia could be created by a series of electro shocks, but merely indicated that amnesia under drug treatments was not certain." Interesting also is that Allen noted in his memo, about thirty days prior to his meeting, an official in the CIA's Technical Services Division, Walter Driscoll, discussed "the Kelly case" with him. No details of that discussion were provided.

About a month later, according to former CIA officials, after Artichoke Committee approval to subject Dimitrov to Artichoke techniques, a high-ranking CIA official objected to treating Dimitrov in such a manner. That objection delayed application of the techniques for about "three weeks." In March 1952, according to the same former officials, Dimitrov was "successfully given the Artichoke treatment in Panama for a period of about five weeks."

In late 1956, the CIA brought Dimitrov, at his request, to the United States. Apparently, the Agency felt comfortable enough with Dimitrov's diminished hostility and anger to agree to bring him to America from Athens, where he had returned for undetermined reasons. CIA files state, "The Agency made no further operation use of Dimitrov after he came to the United States, however, former CIA officials dispute this and relate that Dimitrov was "used on occasion for sensitive jobs."

This, however, was not the end of Dimitre Dimitrov's story.

After being relocated to the United States, Dimitrov either remained bitter or resumed his bitterness toward the CIA. In June 1960, he contacted the CIA's Domestic Contact Division and requested financial assistance for himself and additional covert support and assistance for activities against Bulgaria. In 1961, he contacted an editor at Parade, a Sunday newspaper magazine then with reported strong ties to the CIA, with the intention of telling his story. A Parade editor contacted the CIA and was informed, according to CIA documents, that Dimitrov was "an imposter" who was "disreputable, unreliable, and full of wild stories about the CIA."

About ten years after the JFK assassination, Dimitrov, operating sometimes under the aliases Lyle Kelly, James Adams, General Dimitre Dimitrov and Donald A. Donaldson, informed a number of people that he had information about who ordered the murder of JFK and who had committed the act. Reportedly, he had encountered the assassins while he had been imprisoned in Panama. He also told several people that he knew about military snipers who had murdered Martin Luther King. In 1977, Dimitrov actually met with US Sen. Frank Church, head of a Senate Committee investigating the CIA, and President Gerald Ford to share his information. Dimitrov said after the meeting that Ford had asked him to keep the information confidential until he could verify a number of facts. Immediately following the March 29, 1977, death of Lee Harvey Oswald's friend George de Mohrenschildt, Dimitrov became extremely frightened and contacted a reporter with a foreign television station who either mistakenly, or intentionally, revealed Dimitrov's name publicly on American television. Not long after this, Dimitrov disappeared in Europe where he had fled. He has never been seen or heard from since. Former CIA officials say privately, "Dimitrov was murdered" and "His body will never be found."

A 1977 memorandum written, before Dimitrov's disappearance, by an attorney in the CIA's General Counsel's Office, A. R. Cinquegrana, states: "[It appears] to me that the nature of the Agency's treatment of Dimitrov might be something which should be brought to the attention of appropriate officials both within and outside the Agency. The fact that he is still active and is making allegations connected with the Kennedy assassination may add yet another dimension to this story."

Binyam Mohamed's Torture

Dimtrov's story takes on added significance when one considers the latest stories of the unraveling torture conspiracy and operations conducted by the American CIA and Department of Defense, in conjunction with their British allied organizations, and a host of other governments, including Israel, Jordan, Morocco, Pakistan, Poland and numerous others. After a series of exposures during the 1970's, many assumed the worst excesses of the Cold War torture research program, and its implementation in programs such as the CIA's Operation Phoenix in Vietnam were a fixture of the past. However, subsequent revelations, e.g. the appearance of a US-sponsored torture manual for use in Latin America in the 1980's, including documentation of torture by US forces in the immediate aftermath of 9/11 and the invasion of Afghanistan, demonstrate that a direct line exists between the torture and rendition programs of the past and the practices of the present day. Recently, articles have detailed how the 2006 rewrite of the Army Field Manual allowed for use of ongoing isolation, sleep deprivation, sensory deprivation, induction of fear and the use of drugs that cause temporary derangement of the senses.

The Binyam Mohamed story is unfortunately not unique, but it does demonstrate that the implementation of a SERE-derived experimental torture program began months before it was given legal cover by the memos written by John Yoo and Jay Bybee. Other stories, for instance of "War on Terror" captives being drugged and tortured, have been related by the prisoners themselves, by their attorneys, and by US and international rights agencies, including the International Committee of the Red Cross, whose report on the torture of CIA "high-value detainees" was leaked to Mark Danner of the New York Review of Books.

While Binyam in many ways had a very different personal background than Dimitrov, like the Bulgarian political leader, he was rendered to a US foreign ally for torture. He was drugged. He was considered unreliable and a "disposal" problem for US leaders, who kept secret the actual treatment they endured. Both were victims of a torture program run by the CIA. Both were sent from their foreign torturer back to US custody, where they endured intense psychological torture.

Binyam Mohamed was arrested in Pakistan in April 2002, where his torture, as evidenced by the latest UK court release, was supervised by US agents. This torture was akin to the treatment meted out to Abu Zubaydah. Binyam was subsequently sent to Morocco in July 2002, where he was hideously tortured for 18 months, including a period where multiple scalpel cuts were made to his penis, and a hot stinging fluid poured on the wounds in an attempt to get him to confess to a false "dirty bomb" plot. (The US only dropped the bombing claims in October 2008.) At one point, a British informer was used to try to "turn" Mohamed into an informant for the US or Britain, just as the Artichoke treatment was used to "re-orient" Dimitrov in a pro-US direction. Mohamed also indicated that he had been drugged repeatedly.

In January 2004, Binyam Mohamed was flown to a CIA "black" site in Afghanistan, the infamous "Dark Prison." Mohamed is one of five plaintiffs in an ACLU suit against Boeing subsidiary Jeppesen DataPlan Inc., which ran the aircraft for the CIA's "extraordinary rendition" program. According to an ACLU account:

In US custody, Mohamed was fed meals of raw rice, beans and bread sparingly and irregularly. He was kept in almost complete darkness for 23 hours a day and made to stay awake for days at a time by loud music and other frightening and irritating recordings, including the sounds of "ghost laughter," thunder, aircraft taking off and the screams of women and children.

Interrogations took place on almost a daily basis. As part of the interrogation process, he was shown pictures of Afghanis and Pakistanis and was interrogated about the story behind each picture. Although Mohamed knew none of the persons pictured, he would invent stories about them so as to avoid further torture. In May 2004, Mohamed was allowed outside for five minutes. It was the first time he had seen the sun in two years.

Amazingly, this was not the end of Mohamed's ordeal. From the Dark Prison he was sent to Bagram prison, and then later to Guantanamo. In August 2007, the British government petitioned the US for release of their subject. Eighteen months later, and after being subjected to more abuse at Guantanamo, he was finally able to leave US custody and return to Britain.

The Use of Drugs in Torture by the United States

The allegations of drugging by Mohamed and other prisoners are redolent of the use of hallucinogenic and other powerful mind-altering drugs by the US in its Artichoke, MK-ULTRA and other programs. A recent account, by Joby Warrick of The Washington Post, described some of these allegations of drugging of "detainees." The Post article subsequently led to an ongoing DoD Inspector General investigation into Possible Use of Mind Altering Substances by DoD Personnel during Interrogations of Detainees and/or Prisoners Captured during the War on Terror (D2007-DINT01-0092.005) "to determine if DoD personnel conducted, facilitated, or otherwise supported interrogations of detainees and /or prisoners using the threat or administration of mind altering drugs." According to his attorney's filings in the Jose Padilla case, Padilla, who was also originally implicated in the "dirty bomb" so-called plot with Binyam Mohamed, was forced to take LSD or other powerful drugs while held in solitary confinement in the Navy brig in South Carolina.

Another former Guantanamo prisoner, Mamdouh Habib, an Egyptian-born Australian Muslim released in 2005, has consistently told his tale of being subjected to electroshock, beatings and drugging while in US custody.

The CIA has been accused of involvement in continuing interrogation experimentation upon prisoners. The recent release of the previously censored summary of Mohamed's treatment in Pakistan notes that "The effects of the sleep deprivation were carefully observed." As Stephen Soldz notes in an article on the British court revelations, "Why were these effects being 'carefully observed' unless to determine their effectiveness in order to see whether they should be inflicted upon others? That is, the observations were designed to generate knowledge that could be generalized to other prisoners. The seeking of "generalizable knowledge" is the official definition of "research," raising the question of whether the CIA conducted illegal research upon Binyan Mohamed." The role of doctors, psychologists and other medical professionals in the CIA/DoD torture program has been condemned by a number of individuals in their respective fields, and by organizations such as Center for Constitutional Rights and Physicians for Human Rights.

Most recently, in an important article by Scott Horton at Harpers, the reexamination of the evidence in the supposed 2006 suicides of three prisoners at Guantanamo pointed to the possibility that the prisoners were killed in a previously unknown black site prison on the Guantanamo base - "Camp No" - run by the CIA or Joint Special Operations Command. This raises the question of why they were taken off site at all. One prisoner, 22-year-old Yasser Talal Al-Zahrani, had needle marks on both of his arms. The marks were notably not documented in the US military's autopsy report.

Where Do We Go From Here?

The tale of Dmitri Dimitrov documents the existence of a US-run torture and rendition program decades before the post-9/11 scandals of the Bush administration. Both the CIA and the Department of Defense have been implicated in both the research and implementation of torture for much of post-World War II US history. And yet, aside from the famous Church and Pike Congressional investigations of the 1970's, and the hearings and report from the Senate Armed Services Committee in 2008-09 on detainee abuse, the perpetrators of these crimes have gone unpunished. The current administration of President Barack Obama has clearly stated that it had little appetite to "look backwards" and seek accountability for the abuses of the past. Yet these abuses are never really "past," as the suffering of the victims and their families continues into the present. Additionally, the practice of torture, or use of "cruel, inhumane and degrading treatment" of prisoners has not ended, and the same generals, colonels, admirals and intelligence agency bureaucrats and politicians who have been linked to past programs are free to research or implement ongoing abuse of prisoners and experimentation.

This country needs a clear and definite accounting of its past and present use of torture. Like a universal acid, torture breaks down the sinews of its victims, and in the process, the links between people and their government are transformed into the naked exercise of pure sadistic power of rulers over the ruled. The very purpose of civilization is atomized in the process. We need a full, open and thorough public investigation into the entire history of the torture program, with full power to subpoena, and to refer those who shall be held accountable for prosecution under the due process of law.

H.P. Albarelli Jr. is the author of "A TERRIBLE MISTAKE: The Murder of Frank Olson and the CIA's Secret Cold War Experiments." He has written numerous newspaper and magazine articles on biological warfare and intelligence affairs. He can be contacted through his Web site: www.albarelli.net.

Jeffrey Kaye, a psychologist living in Northern California, writes regularly on torture and other subjects for Firedoglake. He also maintains a personal blog, Invictus. His email address is sfpsych at gmail dot com

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Thursday, February 18, 2010

ICE Uses Threats of Deportation to Produce Terrorism "Intel"

Cross-posted from FDL/The Sentinel

It's bad enough we know that the government tortured Abu Zubaydah, Binyam Mohamed, and countless others in an attempt to produce false confessions, faked intel about Iraq, and in general hype up a "terrorism" threat that would justify the billions bilked from the U.S. treasury for the bogus "war on terror."

But now apparently the campaign to find terrorist boogie-men has come home with a vengeance. Just ask Immigration and Customs Enforcement (ICE) informants Emilio and Analia Maya of Saugerties, New York. According to a fascinating Associated Press report by Helen O'Neill, on November 17, 2009, Emilio was surrounded by nine ICE officers in flak jackets with guns.

"We are deactivating you"

"We are deactivating you," the officers told their former Argentinian immmigrant informer. The prisoner, who recognized agents who some years earlier had recruited him, was taken to jail over 100 milies away, and held over two weeks without charges.

Emilio and his sister Analia had made a deal with ICE back in March 2005. They could get S visas, "often known... as the 'snitch visa'... because [it's] given to aliens who assist US law enforcement to investigate and prosecute crimes and terrorist activities."

But as O'Neill reports, quoting New York immigration lawyer Claudia Slovinsky, ICE and parent agency the Department of Homeland Security ever actually award anyone the S visa. Instead, "they use the most vulnerable people to do dangerous work, make them all sorts of promises and then just abandon them."

The AP story relates how the Mayas got involved with ICE, the dangerous missions they went on, the undercover work. When the brother and sister tried to back out of the informant game, they were told they had to continue or they would be deported. In fact, it turned out later that a deportation order for Emilio had been shuttling around ICE since December 2005, while for years they used him as an informant.

The Coerced Production of "Intelligence" on Terrorism

But the most interesting part of the story concerns what happened after Emilio and Analia had been working for ICE for some three years (emphases added):

In 2008, they say, the agents began demanding information on terrorism and guns - information the Mayas simply couldn't provide. The brother and sister continued offering tips about local activities, but they were no longer sent on undercover jobs....

At a meeting in the Price Chopper parking lot [in May 2009], Emilio says, agents bluntly told him that unless he delivered information on weapons and terrorism, his work permit would not be renewed and he would be deported.

What seems clear is that the government, failing to get the easily controlled Mayas to drum up some kind of terrorist plot in order to feed the agency's need promote itself and get a larger slice of the anti-terrorism funds sloshing around Washington, D.C., put the strong-arm on these immigrants, and when they couldn't get them to produce, has prepared to deport them.

It doesn't matter if a Congressman or a Senator intervened, as they did in this case. ICE and DHS apparently have little to fear from congressional inquiry. They are in a bureaucratic war to justify their existence, and in DC, it's still, in the Obama years, all about terrorism.

Take a look at ICE's own website, where it touts itself as "A Federal Leader in Combating Terrorism."

As the second largest federal contributor to the nationwide network of Joint Terrorism Task Forces (JTTFs), U.S. Immigration and Customs Enforcement (ICE) plays a critical role in protecting the country against the threat of terrorism. With agents assigned to counter-terrorism investigations across the United States and around the world, ICE lends its expertise in enforcing immigration and customs laws to the over 100 JTTFs to investigate, detect, interdict, prosecute and remove terrorists and to dismantle terrorist organizations.

What are the JTTFs?

Joint Terrorism Task Forces (JTTFs) are small cells of highly trained, locally based, passionately committed investigators, analysts, linguists, SWAT experts, and other specialists from dozens of U.S. law enforcement and intelligence agencies. It is a multi-agency effort led by the Justice Department and FBI designed to combine the resources of federal, state, and local law enforcement.

The picture is clear: ICE wants its seat at the table with the other 40 or so agencies now associated with the national JTTFs. It's like a big assembly line feeding raw intel to the FBI and Department of Justice, and what matters is that you keep producing. The quality of the intelligence, as evidenced by the attempt to squeeze "terrorism" "tips" out of the hapless and unconnected Mayas, is evidently not so important. What is important is that everyone get paid and the gravy train keep rolling.

"We're Going to Change Your Brain"

The saddest thing in the O'Neill story is to read about the impotence members of Congress have when soliciting the protection of their constituents with agencies from the executive branch.

But the scariest thing is to reflect upon similarities between the ICE/Mayas case and the torture of prisoners in the "black sites", rendition hellholes, Guantanamo and Bagram. Rather than the use of blackmail and extortion to coerce informants to produce bogus reports about terrorism, the U.S. abroad has resorted to outright torture.

The torture of prisoners like Binyam Mohamed -- much in the news lately with the revelations by UK judges that Mohamed was subjected to CIA "enhanced interrogation technique"-style torture as early as March 2002 -- was not about, or at least not solely about, the collection of information. It was about the manufacture of information, including false confessions and fingering others for prosecution or further torture. In an interview a few years back with Binyam Mohamed's attorney, Clive Stafford Smith of Reprieve:

Binyam explained that, between the savage beatings and the razor cuts to his penis, his torturers “would tell me what to say.” He added that even towards the end of his time in Morocco, they were still “training me what to say,” and one of them told him, “We’re going to change your brain.”

This emphasis on brainwashing -- for that is the popular terminology for such an assault on the psyche of a prisoner -- is a key component of the kind of psychological torture that was researched by both the United Kingdom and the United States in the years following World War II. It highlighted the use of isolation, sleep deprivation, fear, stress positions, manipulation of the environment, of food, the use of humiliation and both sensory deprivation and sensory overload upon the prisoner. The idea was to overwhelm the nervous system and make a human being collapse without a blow being made, without scars, without evidence usable in court.

In an article at Truthout by H.P. Albarelli and Jeff Kaye, the connections between the old CIA mind control and torture research programs and those of today are documented. The conclusion is that radical change is needed if these crimes are not to consume our nation:

The allegations of drugging by Mohamed and other prisoners are redolent of the use of hallucinogenic and other powerful mind altering drugs by the U.S. in its Artichoke, MK-ULTRA and other programs....

The CIA has been accused of involvement in continuing interrogation experimentation upon prisoners. The recent release of the previously censored summary of Mohamed's treatment in Pakistan notes that "The effects of the sleep deprivation were carefully observed." As Stephen Soldz notes in an article on the British court revelations, "Why were these effects being 'carefully observed' unless to determine their effectiveness in order to see whether they should be inflicted used upon others?".... The role of doctors, psychologists, and other medical professionals in the CIA/DoD torture program has been condemned by a number of individuals in their respective fields, and by organizations such as Center for Constitutional Rights and Physicians for Human Rights....

This country needs a clear and definite accounting of its past and present use of torture. Like a universal acid, torture breaks down the sinews of its victims, and in the process, the links between people and their government are transformed into the naked exercise of pure sadistic power of rulers over the ruled. The very purpose of civilization is atomized in the process. We need a full, open and thorough public investigation into the entire history of the torture program, with full power to subpoena, and to refer those who shall be held accountable for prosecution under the due process of law.

Saturday, February 13, 2010

Seven Paragraphs Are Not Enough: Release the 42 CIA Documents on Binyam Mohamed's Torture

Originally posted at Firedoglake

The recent decision of the UK High Court to release a seven paragraph summary of the torture perpetrated by U.S. agents upon Binyam Mohammed in April and early May 2002 is welcome news.  The summary, written by a British court, was derived from  42 classified CIA documents delivered to the British legal authorities as part of an investigation into the actions of MI5 in the torture and interrogation of Binyam Mohamed and other prisoners held by Pakistan. These documents purportedly describe the torture of Mohamed, and indicate the collusion of U.S., British, and Pakistani authorities in the torture.

The seven paragraph summary was enlightening on a number of points, though the information that Mohamed had been tortured in a fashion similar to Abu Zubaydah, was first reported in a book by Mohamed attorney Clive Stafford Smith in 2006. In Britain, outrage is focused upon the actions of British intelligence agency MI5, which, despite an effort by the government to censor a damning portion of the seven paragraphs, focused, according to the UK Guardian, on the charge "that MI5 had treated basic rights with contempt and had lied to the parliamentary watchdog which provides its only oversight."

In the United States, John F. Burns at the New York Times noted:
What was starkly new, however, was the Foreign Office’s conclusion that the treatment Mr. Mohamed endured, had it been carried out under the authority of British officials, would have breached international treaties banning torture. It was the first time that Britain has been so blunt about its disapproval of the interrogation techniques approved by former President George W. Bush and curtailed last year by President Obama.

“Although it is not necessary for us to categorize the treatment reported, it could readily be contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities,” the document posted on the Foreign Office Web site said.
Burns failed to note that the summary paragraphs stated that Mohamed's sleep deprivation had been "carefully observed" for its "effects." The UK Guardian did not miss this point, noting:
It is also clear that the CIA, on whose behalf the Pakistanis were holding Mohamed, was ­monitoring the effects upon Mohamed.
The NYT story also buried the significance of the timeline in the torture case. As both blogger-investigative journalist Marcy Wheeler and blogger-psychologist-activist Stephen Soldz have pointed out in articles Wednesday, the use of CIA-style "enhanced interrogation" torture was directly "conducted by the United States authorities prior to 17 May 2002 as part of a new strategy designed by an expert interviewer." This puts the use of these techniques approximately ten weeks or more before the John Yoo-drafted Bybee memo on August 1, 2002, supposedly authorizing such abuse.

What about the 42 Classified CIA Documents?

Lost in all the hullabaloo around the struggle to release the seven paragraph summary of Binyam's torture is the fact that there has long been a battle over the 42 classified CIA documents themselves. Originally only seven of the 42 documents, heavily redacted, were released to Binyam Mohamed's attorneys. After a legal battle, they finally obtained the full set. The British High Court then took in October 2008 what Clare Algar at Reprieve called "the unusual step of inviting the press to make an application for the publication of details of Binyam’s mistreatment which had been removed from its original judgment at the request of the Government."

The press made their application, and also asked for the secret documents themselves, i.e., not just the redacted summary. In response, British Foreign Secretary David Milbrand shocked everyone by claiming that the U.S. had threatened to cut intelligence-sharing ties with Great Britain if the summarized information or the documents themselves were released. Evidently, this threat on behalf of the U.S. continued over from the Bush to the Obama administration.

The case was then duly litigated, leading to the release on February 10 of the seven paragraph summary. But the 42 classified documents, with all the possible information they hold on the process of the interrogation, on its planning, on the personnel involved, on the collaboration with British authorities, and on any possible experimentation based on the monitoring of the torture, remain classified and unavailable.

It is important to remember that what the documents call "sleep deprivation," was really a set of joined techniques. As I described it in an article last June, "sleep deprivation" included standing sleep deprivation, shackling in forced positions, nudity (save for a diaper!), a near-starvation diet, suspension, and, initially at least, up to 240 hours of continuous sleep deprivation. They weren't monitoring only sleep deprivation, they were monitoring a full torture program!

Is it possible they were using newly developed telemetric devices developed under a research program funded by the Army's Ft. Detrick, whose association with the CIA in the development of biological and chemical weapons, including for use in interrogations, goes back to the 1950s? Such a study was underway in 2002, studying how to measure the physiological effects of "uncontrollable stress" on subjects who underwent SERE torture as part of the military's Survival, Evasion, Resistance, Escape program. The study was entitled The Warfighter's Stress Response: Telemetric and Noninvasive Assessment. While formulated for use on predicting "military performance" and assessing selection procedures for personnel, this research -- and this remains speculative -- could have been used to assess an individual's response to real-life, and not just simulated torture. One of the researchers is linked to the CIA and its Science and Technology directorate, and was also an "expert" on the Intelligence Science Board panel that produced the "Educing Information" document upon which the Obama administration is relying for a purported reform of interrogation policy.

While it was important to fight for the release of the court's summary, the fight to release the documents in this case must not end here. The 42 classified CIA documents represent a keystone in the U.S. government's contemporary torture program. It is my hope that the UK Guardian, the New York Times, and other press interests will not leave off their legal battle to receive these documents, and that the UK High Court itself will see that a full disclosure of this evidence is in the best interests of justice.

It's just possible that the release of the seven paragraphs themselves could augur a release of the full set of CIA documents. The U.S. will do everything it can to avoid this possibility. On the other hand, the summary in and of itself can represent a limited hangout of the torture program information, tantalizing, but without crucial follow-up. American citizens must call for a full, independent, open investigation into the torture program here, with complete access to records and right to subpoena, and refer the necessary cases for prosecution under due process of law.

The media narrative surrounding the release of the latest revelations on the Binyam Mohamed case is being devised even as I write. It is crucial that the demand for the release of the full set of CIA documents be made a primary component of that narrative.

Also posted at The Public Record

Wednesday, December 2, 2009

UK Revelations Challenge Known Torture Narrative

Originally posted at Firedoglake

The fight in a United Kingdom courtroom over secret documents related to the torture of former Guantanamo prisoner and rendition victim Binyam Mohamed has resulted in a striking new revelation, as reported by Mohamed's attorney Clive Stafford Smith and British journalist Andy Worthington. Newly unredacted material from a previously censored portion of an earlier ruling by a UK court significantly expands the timeline and scope of the introduction of SERE-style "enhanced" interrogation techniques."

The newly released passage in the court's previously censored ruling describes how the torture techniques described in the infamous August 1, 2002 "Bybee memo" (PDF) -- written to provide a green light for the torture of Abu Zubaydah -- were used on Binyam Mohamed by unnamed U.S. agents while Mohamed was held in custody in Pakistan in April and May 2002. This was some four months or so before the authorization "authorization" of these techniques.

Here is the key unredacted passage, from the UK court's latest filing on the case (PDF), emphasis added:
One of those memoranda dated August 1 2002, from Mr. J.S. Bybee, Assistant Attorney-General, to Mr. John Rizzo, acting General Counsel of the CIA, made clear that the techniques described [as used upon Binyam Mohamed] were those employed against Mr. Zubaydah, alleged to be a high-ranking member of al-Qaeda.”
The court is talking about techniques used by U.S. agents against Binyam Mohamed while he was first held in Pakistan. The unredacted paragraph makes it "clear" that the techniques in the Bybee memo were earlier used upon Mohamed. The court had originally described these techniques in a seven-page summary of documents that were provided by the U.S. to the UK government concerning Mohamed's Pakistan interrogation. The seven-page summary, written by the judges themselves in lieu of publication of the full documentation, is currently classified at the behest of the British government, and against the protest of the judges themselves. (Marcy Wheeler discussed some of the intricacies of the document trail in a recent posting.)

What is often forgotten about these first interrogations in Pakistan is that they were reportedly performed by the FBI. If that could be established as definitive, then the role of the FBI in the propagation of torture would be significantly different than what is usually reported, i.e., that the FBI forswore torture for rapport-building-style interrogation.

Saturday, October 17, 2009

Per Obama: Torture Evidence Is "Protected" Against Release

This is what a Nobel Prize gives you the chutzpah to do. From Jason Leopold at Truthout:
On Thursday, the House approved a Department of Homeland Security spending bill that included a provision to amend the Freedom of Information Act (FOIA) and grant Defense Secretary Robert Gates the authority to withhold "protected documents" that, if released, would endanger the lives of US soldiers or government employees deployed outside of the country.

According to the bill, the phrase "protected documents" refers to photographs taken between September 11, 2001 and January 22, 2009, and involves "the treatment of individuals engaged, captured or detained" in the so-called "war on terror." Photographs that Gates determines would endanger troops and government employees could be withheld for three years.
Leopold quotes Democratic Congresswoman Louise Slaughter as saying "the language was quietly reinserted in recent weeks, 'apparently under direct orders from the administration.'" The bill's language is a cover for Obama, who was otherwise threatening an administration petition to the U.S. Supreme Court to stop the release of the controversial, unseen "torture photos."

Will we hear much protest from the progressive blogosphere? Not likely, as the torture issue slips off the radar, and the trudging submission of the progressive punditry to Democratic Party faux-ameliorism continues (there are exceptions, and you know who they are). Millions more on unemployment. Wall Street dances in blue chips. War continues apace, and the torture industry revs up for more high-tech adventures in breaking individuals down. No pictures of war. Nothing messy. Just bright baubles, Nobel Prizes, and proud words about equality... some day. No one in a position of power must lose a wink of sleep: that's how change is measured in America these days.

Congress Fails, But Justice Speaks Out

Meanwhile, over in Great Britain, per the UK Guardian, some very welcome news:

In a devastating judgment, two senior judges roundly dismissed the [British] foreign secretary's claims that disclosing... evidence would harm national security and threaten the UK's vital intelligence-sharing arrangements with the US.

In what they described as an "unprecedented" and "exceptional" case, to which the Guardian is a party, they ordered the release of a seven-paragraph summary of what the CIA told British officials – and maybe ministers – about Ethiopian-born [Binyam] Mohamed before he was secretly interrogated by an MI5 officer in 2002.

"The suppression of reports of wrongdoing by officials in circumstances which cannot in any way affect national security is inimical to the rule of law," Lord Justice Thomas and Mr Justice Lloyd Jones ruled. "Championing the rule of law, not subordinating it, is the cornerstone of democracy."
Readers might remember the case of Binyam Mohamed, who was seized by the United States in Pakistan in 2002, secretly renditioned to Morocco, and later held at Bagram and Guantanamo "terror" prisons, suffering torture in all these sites. He is one of the plaintiffs in the Jeppesen case, a suit brought by the ACLU. That case engendered a decision last summer by the Ninth Circuit Court, which was one of the last legal victories in the U.S. in the struggle for accountability for torture.
In 2007, the ACLU filed a federal lawsuit against Jeppesen DataPlan, Inc., a subsidiary of Boeing Company, on behalf of five victims of the United States government's unlawful "extraordinary rendition" program. The suit charges that Jeppesen knowingly participated by providing critical flight planning and logistical support services to aircraft and crews used by the CIA to forcibly disappear these five men to detention and interrogation. Shortly after the suit was filed, the government intervened and inappropriately asserted the "state secrets privilege," claiming further litigation would undermine national security interests, even though much of the evidence needed to try the case was already available to the public. In April 2009, the Ninth Circuit Court of Appeals reversed a lower court dismissal of the case, ruling that the government must invoke the state secrets privilege with respect to specific evidence, not to dismiss the entire suit. The case is remanded back to district court, providing the first opportunity for Bush-era torture victims to have their day in court.

Monday, July 27, 2009

Jeppesen UK Gives In, Will Give Up "Ghost Plane" Evidence on Renditions

H/T Gitcheegumee at FDL
Sunday's UK Guardian, 7/26/2009

Secrets of CIA 'ghost flights' to be revealed

Confidential documents showing the flight plans of a CIA "ghost plane" allegedly used to transfer a British resident to secret interrogation sites around the world are to be made public. The move comes after a Sussex-based company accused of involvement in extraordinary rendition dropped its opposition to a case against it being heard in court.

Lawyers bringing the case against Jeppesen UK on behalf of the former Guantánamo Bay detainee, Binyam Mohamed, claimed last night the climbdown had wide-ranging legal implications that could help expose which countries and governments knew the CIA was using their air bases to spirit terrorist suspects around the world.

It was only three months ago that the U.S. Ninth Circuit Court ruled against the Obama administration's invocation of "state secrets" privilege in trying to squash Mohamed and his co-defendants' lawsuit again Boeing subsidiary Jeppesen DataPlan for its role in Bush's extraordinary rendition program. While the suit in the UK is separate from that in the U.S., which is being fought by the ACLU and the British charity organization, Reprieve, the decision by Jeppesen in the UK will have a profound effect upon the question of "state secrets" in the U.S., and perhaps other countries.

The Guardian article explains:
The US government is seeking to have the case against Jeppesen dismissed, saying it would breach national security. But Jeppesen UK's decision to drop its opposition to fighting the case in a British court means a wealth of confidential information relating to the alleged rendition process will become public....

Reprieve's renditions investigator, Clara Gutteridge, said the CIA could not have acted alone and the case would raise questions over which governments were complicit in extraordinary rendition.
It's great to finally receive some good news, and hats must go off to Reprieve and Mohamed's London lawyers, Leigh Day & Co. Deserving of a similar victory are the hard workers at ACLU. As for Jeppesen UK, I guess they got a sense the jig was up, and it would better to hang out now. Or maybe they think the fix is in or they can finesse it in court.

In any case, greater openness is something to celebrate. The whole sordid tale of renditions to torture is one of the worst episodes of this country and its allies descent into moral turpitude and crime. Another lingering Obama scandal in the egg his administration's insistence that they will keep the rendition program, with yet another governmental promise that no one will be sent to torture. But if you think Obama really has control over the brutal rulers of Egypt, Jordan, Morocco, Yemen, etc., then you've really drunk the Kool Aid.

Hey, where's Andy Worthington when you need him?

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