U.S. Release Shaker Aamer! (Letter from his attorney to UK Foreign Secretary)

The following is reposted from Andy Worthington's excellent blog, where he has posted a heart-breaking update on the condition of the last of the British Guantanamo prisoners, Shaker Aamer. Aamer, who has a British wife and four British children, has been imprisoned and tortured, held for many years in solitary confinement, even though he has never been charged with any crime!

Aamer was brutally beaten on the same 2006 night when three Guantanamo prisoners were likely murdered at Guantanamo, their deaths covered up as suicides. Some believe, as Worthington notes, that Aamer, who was cleared for release from Guantanamo some years back, is being held because of what he knows about that ominous night's crime.

As Andy writes, "if you would like to add your voice to those pressing for Shaker Aamer’s return, you can email William Hague here or you can write to him at the following address: The Foreign Secretary, William Hague MP, The Foreign and Commonwealth Office, King Charles Street, London SW1A 2AH."

Clive Stafford Smith’s letter to William Hague regarding Shaker Aamer, November 18, 2011

Rt. Hon. William Hague
Foreign & Commonwealth Office
King Charles Street London

Re: Shaker Aamer & Guantánamo Bay

Dear Mr Hague:

I am writing to you urgently from Miami International Airport. I have just flown in from Guantánamo Bay where I visited Shaker Aamer yesterday. While there are aspects of that visit that I may not divulge due to US classification rules, I am permitted to relay my impressions, as well as detail the materials that were unclassified yesterday.

These give great cause for concern. Mr Aamer has suffered abuse that is unfathomable in the twenty-first century. One of the many areas of concern is his physical health.

Mr Aamer has now been held in isolation for more than two years. The US authorities may quibble about the term “isolation” (they have been known to do so in the past), but nothing can change the fact that Mr Aamer has been held in a solitary cell for that time, and much more over the past ten years. He has been thus punished because he continues to insist on the most basic elements of justice: that he be given a fair trial.

He has listed for counsel the following physical ailments that currently afflict him:

Arthritis in the knees and fingers, stemming from his abuse in custody;
Serious asthma problems (exacerbated, almost to the point of asphyxiation, when the US military sprays him with pepper spray during their periodic forcible cell extractions, or FCEs);
Heartburn and acid reflux exacerbated by the diet;
Prostate pain, with serious problems with urination;
Problems with his ears, including the loss of balance and dizziness;
Neck, shoulder and back pain resulting from the beatings that he has suffered;
Serious infection of his nails;
Ring worm and itchiness between his legs;
Constant haemorrhoids and rectal pain;
Extreme Kidney pain.

He also complains of E-N-T problems, serious insomnia, nerve problems in his right leg, and so forth. I can directly attest to various of these problems. For example, if the US insists that his food is of good quality, I can tell you that I tasted the lunch that he was given yesterday and it was revolting. I observed the infection of his left thumb, his right thumb, and his right index and middle finger nails, and it is like nothing I have seen before, rendering the nail soft and crumbling off the digit.

I do not think it is stretching matters to say that he is gradually dying in Guantánamo Bay.

This makes it all the more urgent that we get an independent medical assessment of him. However, ultimately there is only one solution, which is to get him out of Guantánamo Bay, home to his family in London. I should note that on February 14th he will have been in Guantánamo Bay for ten years; the anniversary coincides with the tenth birthday of his youngest child, who he has never met.

I remain,
Yours sincerely,
Clive A. Stafford Smith, Director

Torture News Roundup: DoD to Jail Gitmo Attorney?

In a week chock-full of important developments in the fight against torture, none stands out as more outrageous than the actions of Robert Gates' Department of Defense, threatening two attorneys for former Guantanamo prisoner and U.S./UK torture victim, Binyam Mohamed, with jail. Their crime? Writing a letter to Barack Obama and following security procedures!

Before we get there, let's summarize the week:

A federal judge ruled against President Obama and Attorney General Holder's contention that no "war on terror" prisoners held at Bagram prison in Afghanistan had any Constitutional rights.

Colin Powell told Rachael Maddow at MSNBC that he wasn't sure that waterboarding "would be considered criminal."

Andy Worthington ran a series explaining how Britain's draconian "control orders" have created a virtual, "second Guantanamo".

The fight over release of Bush Administration memos countenancing "harsh interrogation techniques" continues inside the Obama White House.

All this and more, in this Sunday's Torture Roundup.

Lawyers from Reprieve face a jail sentence after officials from the US department of defence had the nerve to complain about their 'unprofessional conduct'

On February 11, I posted a well-read diary at Daily Kos that described news reports on how Clive Stafford Smith, acting in his role as an attorney for then-Guantanamo detainee Binyam Mohamed, sent a letter to Barack Obama [PDF] detailing torture techniques inflicted upon his client. A Pentagon review team then censored all the details of this torture from Smith's letter. (See Breaking: Pentagon Hiding Torture Evidence from Obama.)

Now Mohamed's attorneys face up to six months in jail, accused by Robert Gates' Department of Defense of breaking the rules for Guanatanamo attorneys and of "unprofessional conduct" in the writing of the letter to Obama.

From the Guardian article:

Clive Stafford Smith, director of legal charity Reprieve, and his colleague Ahmed Ghappour have been summoned to appear before a Washington court on May 11 after a complaint was made by the privilege review team.

Stafford Smith had written to the president after judges in the UK ruled against the release of US evidence detailing Mohamed's alleged torture at Guantánamo....

He and Gappour submitted the memo to the privilege team for clearance but the memo was redacted to just the title, leaving the president unable to read it. Stafford Smith included the redacted copy of the memo in his letter to illustrate the extent to which it had been censored. He described it as a "bizarre reality"....

The privilege team argue that by releasing the redacted memo Reprieve has breached the rules that govern Guantánamo lawyers and have made a complaint to the court of "unprofessional conduct".

Stafford Smith described their actions as intimidation, saying the complaint "doesn't even specify the rule supposedly breached".

This is totally unacceptable governmental conduct against a whistleblower and attorney working for human rights and against torture. He and his colleagues have broken no law. In fact, they followed the law and are now being punished for it. And this from a government that tried to coerce a pledge of silence from their client as a condition of his release from Guantanamo.

If you're feeling sufficiently outraged, you could write directly to the White House on this.

Meanwhile, Michael Isikoff at Newsweek is reporting that a "fierce internal battle within the White House over the disclosure of internal Justice Department interrogation memos is shaping up as a major test of the Obama administration's commitment to opening up government files about Bush-era counterterrorism policy."

As reported by NEWSWEEK, the White House last month had accepted a recommendation from Attorney General Eric Holder to declassify and publicly release three 2005 memos that graphically describe harsh interrogation techniques approved for the CIA to use against Al Qaeda suspects. But after the story, U.S. intelligence officials, led by senior national-security aide John Brennan, mounted an intense campaign to get the decision reversed, according to a senior administration official familiar with the debate. "Holy hell has broken loose over this," said the official, who asked not to be identified because of political sensitivities.

Brennan is a former senior CIA official who was once considered by Obama for agency director but withdrew his name late last year after public criticism that he was too close to past officials involved in Bush administration decisions. Brennan, who now oversees intelligence issues at the National Security Council, argued that release of the memos could embarrass foreign intelligence services who cooperated with the CIA, either by participating in overseas "extraordinary renditions" of high-level detainees or housing them in overseas "black site" prisons.

According to Isikoff, Brennan has gotten the backing of CIA Director Leon Panetta, and the "final decision" re release of the controversial memos will be made by President Barack Obama.

The ACLU has agreed to the two-week extension for the government to file their final response in a Freedom of Information Act lawsuit by the American Civil Liberties Union seeking release of the memos.

Federal Judge Rules Against Obama's Ban on Habeas at Bagram

Charlie Savage at The New York Times is reporting that a federal judge at the D.C. Federal District Court has ruled that some prisoners at Bagram prison in Afghanistan "have a right to challenge their imprisonment, dealing a blow to government efforts to detain terrorism suspects for extended periods without court oversight."

The ruling only applies to prisoners captured outside Afghanistan, but it deals a blow to the Obama administration's intent to keep Bagram as a site for detention for "terrorism suspects" caught outside Iraq or Afghanistan.

As the NYT puts it (link added):

The administration had sought to preserve Bagram as a haven where it could detain terrorism suspects beyond the reach of American courts, telling Judge Bates in February that it agreed with the Bush administration’s view that courts had no jurisdiction over detainees there.

Judge Bates, who was appointed by President George W. Bush in 2001, was not persuaded. He said transferring captured terrorism suspects to the prison inside Afghanistan and claiming they were beyond the jurisdiction of American courts “resurrects the same specter of limitless executive power the Supreme Court sought to guard against” in its 2008 ruling that Guantánamo prisoners have a right to habeas corpus.

Torture Scandal in Great Britain

The UK Guardian is reporting

MPs are to undertake the most far-reaching inquiry into Britain's role in human rights abuses in decades as allegations mount to suggest that officials repeatedly breached international law.

The Commons foreign affairs select committee will examine Britain's involvement in the detention, transfer and interrogation of prisoners held during the so-called war on terror. Among the matters to be examined later in the year are allegations, reported in the Guardian over the past two years, that British intelligence officers colluded in the torture of Britons held in Pakistan and Egypt.

David Miliband, the foreign secretary, will give evidence to the inquiry although he and Jacqui Smith, the home secretary, refused, earlier this year, to appear before parliament's joint committee on human rights, which is looking into reports that British officials were complicit in torture.

Journalist Andy Worthington also reports on Parliamentary investigations into British complicity in extraordinary rendition and torture.

On Monday March 30, in a committee room in the House of Commons, Diane Abbott MP chaired a meeting entitled, “Britain’s Guantánamo? The use of secret evidence and evidence based on torture in the UK courts,” to discuss the stories of some of the men held as “terror suspects” on the basis of secret evidence, and to work out how to persuade the government to change its policies. A detailed report of the meeting is available here, and the profiles of five prisoners are available by following this link...

One of the cases Worthington highlights is that of a 39-year-old Algerian national known only as "Detainee Y":

They call me Y. But I am more than a letter. I am a man....

I came to the UK because of its impressive human rights record. Well, that’s what everyone said. I had spoken out against human rights abuses at home and got into trouble for it, so I had to leave. Maybe I should have been like everyone else and not said anything. What would you have done?

Now I have a death sentence waiting for me in Algeria.

I was living in London, as a refugee, rebuilding my life, recovering from torture and finally overcoming the demons it leaves behind.

Things were going well, and then suddenly my life turned upside down. First I was arrested as part of the “ricin plot.” I spent 27 months in Belmarsh. There never was any ricin.

I was acquitted in 2005....

After 7/7 they came for me again. I had nothing to do with it. I was arrested, served with a deportation order to Algeria and taken to Long Lartin prison. No charge. No trial. I was there for 29 months.

And since last July I have been again on bail....

I feel watched all the time. “They” go everywhere I go. I don’t know what they want or what they are looking for....

I survived torture. It was some years ago, back in Algeria. It’s not an easy thing to go through. I wish none of you ever suffer it. But torture, it has to end. What is going on now has no end. This is slow torture.

My father died a few months ago, back home. It was a very hard time. I was all alone with my grief. I felt useless and worthless and hopeless....

Well, what else can I say? I feel so tired. I just want to stop thinking. I want to wake from this nightmare. All I have are dreams and hopes and wishes, but it’s hard to keep hold of these.

I just want to sleep.

I have to stay in the house for 20 hours a day. I wear a tag. It makes me feel like a slave.

I am not allowed outside my boundaries. I can’t go to the town centre, but I can go to two cemeteries if I want....

Why am I living like this? Why did I spend 56 months in prison? Why do they want to deport me to Algeria? Why do they say I’m a threat to national security? I am here like this today because of secret evidence.

Detainee Y is a victim of Britain's notorious "control orders." As explained in this article from the Guardian, control orders, or were introduced as part of Britain's Prevention of Terrorism Act 2005. They have created a virtual "Second Guantanamo" inside of Great Britain's borders:

What are control orders?

They enable the home secretary to impose a wide range of restrictions on any person, based on intelligence information, she suspects of involvement in terrorism-related activity, whether a UK national or not, and whether the terrorist activity is domestic or international.

What do these restrictions include?

Virtual house arrest, including specifying where and with whom subjects can live and placing them under curfew for up to 13 hours a day; limiting them to travelling within a specific geographical zone – for example, one mile of their home; controlling their access to telephones and banning access to the internet; dictating who they can meet or communicate with, and what occupation or studies they can undertake; proscribing where they can travel and what places of worship they can attend; electronic tagging; foreign travel bans; and daily reporting to and monitoring by the police.

The home secretary also has the power to add new restrictions or obligations, or vary them, as she sees fit.

Andy Worthington comments on Britain's "control orders" and other antidemocratic "antiterrorism" laws:

In the UK, since December 2001, the British government has, at various times, held around 70 men without charge or trial, refusing to try them as criminal suspects in recognized courts. The policy began with the imprisonment of 17 men in Belmarsh high-security prison, but when, after three years, the Law Lords ruled that their imprisonment was in contravention of the Human Rights Act, the government responded by introducing control orders and deportation bail, both of which involve draconian restrictions that amount to house arrest. Throughout this whole period, the government has justified the men’s detention through the use of secret evidence that the prisoners — known as “detainees” — are not allowed to see.

Another similarity concerns attempts by both the British and American governments to bypass their obligations under the UN Convention Against Torture — which prevents the return of foreign nationals to countries where they face the risk of torture — by reaching diplomatic agreements with various dictatorships in North Africa and the Middle East. These purport to guarantee that repatriated prisoners will be treated humanely, but in reality they have proved worthless.

British Rendition and Torture Pre-9/11?

“All you need to know is that there was a ‘before 9/11’ and there was an ‘after9/11.’ After 9/11, the gloves came off.” -- Cofer Black, as Director of the CIA's Counterterrorist Center

Britain's partnership with the United States in use of both rendition and torture precedes even the 9/11 crisis, which both governments hypocritically cite as the impetus for their draconian and illegal policies of detention and torture. According to an article at Cageprisoners, looking at increasing evidence that British intelligence agencies were involved in torture:

The Daily Telegraph reported last week that MI5 and MI6 had identified 15 cases where their officers had alerted senior personnel to possible mistreatment but no further action was taken...

Asim Qureshi of Cage Prisoners... told the Daily Telegraph: "At first we thought these were cases of individual abuses but the more we saw and the more testimony we heard, the more we realised there was pattern.

"We were seeing interviews by MI5 and MI6 alongside the use of torture by other countries. This has been very, very systematic and that is what concerns us most. There has been a policy to keep prisoners beyond the reach of law and turn a blind eye to torture.

"We believe that the government is going to pass off the case of Binyam Mohamed as an isolated incident and use witness B [the officer allegedly involved] as a scapegoat but we believe it is important to put this in the context of what has been happening in the last seven or eight years."

The Cageprisoners report, "Fabricating Terrorism II", just released, describes one case of rendition and torture that predates 9/11 (emphasis added).

CASE 1 – FARID HILALI
Nationality: Moroccan/ British Resident
History/Background: Farid was initially detained in 1999 while in UAE. There he was subjected to torture and interrogation on behalf of the British security services and was later sent to Morocco where this treatment continued. On his release he came to the UK and was arrested on immigration offences, but he was re-arrested in June when Spain issued a European arrest warrant to extradite him for alleged terror offences, and in particular involvement in 9/11. The case against Hilali seems to be vague and circumstantial, and entirely reliant on mobile phone communications data and intercept evidence.

And, Back at Guantanamo...

U.S. Navy Lt.-Cmdr. William Kuebler, a military attorney who has represented Omar Khadr, a Guantanmo prisoner who was first arrested as a 15-year-old in Afghanistan and ultimately brought to Gitmo, has been fired from Khadr's defense team and reassigned.

In his two years on the case, Commander Kuebler campaigned for Mr. Khadr’s return to Canada to short-circuit a military tribunal system that he described as unfair. Like all Guantánamo prosecutions, the case is suspended pending a review of policies by the Obama administration.

The chief defense counsel at Guantánamo, Col. Peter Masciola of the Air Force, concluded that Commander Kuebler’s removal was necessary to pursue “a client-centered representation,” according to a statement from his office. Colonel Masciola did not immediately respond to a request for further details....

In February, Commander Kuebler was blocked from traveling to meet Mr. Khadr at Guantánamo amid the internal investigation, which he said was related to his criticism of Colonel Masciola’s management.

He complained about Colonel Masciola’s cooperation with the review of Guantánamo cases that was intended to decide whether the cases should be tried in civilian or military courts or some combination of the two.

“I don’t want to make it easier for the government to prosecute my client,” he said at the time. “I want my client to be released.”

Colin Powell reiterated, in an interview with Rachael Maddow this week, his long-time belief that Guantanamo be closed. But when Maddow pressed Powell on his participation in White House "Prinicpals" meetings that met in 2002-2003 to approve torture of prisoners held by the CIA, Powell got quite defensive. He seemed to forget that new CIA Director Leon Panetta told Congress only a few months ago that the government considered waterboarding to be torture. From the Powell-Maddow interview:

RACHEL: On the issue of intelligence—tainted evidence and those things—were you ever present at meetings at which the interrogation of prisoners, like Abu Zubaida, other prisoners in those early days, where the interrogation was directed? Where specific interrogation techniques were approved. It has been reported on a couple of different sources that there were Principals Meetings, which you would have typically been there, where interrogations were almost play-by-play discussed.

POWELL: They were not play-by-play discussed but there were conversations at a senior level as to what could be done with respect to interrogation. I cannot go further because I don't have knowledge of all the meetings that took place or what was discussed at each of those meetings and I think it's going to have to be the written record of those meetings that will determine whether anything improper took place....

MADDOW: If there was a meeting, though, at which senior officials were saying, were discussing and giving the approval for sleep deprivation, stress positions, water boarding, were those officials committing crimes when they were giving that authorization?

POWELL: You’re asking me a legal question. I mean I don't know that any of these items would be considered criminal. And I will wait for whatever investigations that the government or the Congress intends to pursue with this.

Both the Powell interview and the firing of Kuebler took place in the context of a flap over whether or not Senator Patrick Leahy has abandoned hope for Truth Commission on torture.

Other Torture News

China to Address Torture of Prisoners

Since January, five cases of young men dying in policy custody have become public. When police in the Southwestern province of Yunnan explained the jail death of Li Qiaomin by saying he had injured himself fatally during a game of hide-and-seek, this explanation triggered a burst of outrage on blogs and online discussion forums, forcing local authorities to launch a propaganda offensive and a new investigation.

Since then, state media have flooded readers with a wave of propaganda that suggested the government was seeking solutions to the problem prisoner abuse.

State media reported that prisoners in detention centres in Beijing would be given cards with contact information of the local prosecutor to allow them to blow the whistle on detention officers if they were mistreated. Representatives of other departments such as the justice ministry proposed to take supervision of the detention facilities away from the police in order to separate investigation powers and direct responsibility for the prisoners.

Seton Hall Law Students Reveal That Generals Knew Guantanamo Detainees Were Tortured

General Schmidt's Investigation Uncovered Numerous Abuses Which Were Omitted from Both His Report and His Congressional Testimony

Today Seton Hall Law delivered a report establishing that military officials at the highest levels were aware of the abusive interrogation techniques employed at the detention camp at Guantánamo Bay (GTMO), and misled Congress during testimony. In addition, FBI personnel reported that the information obtained from inhumane interrogations was unreliable.

Professor Mark Denbeaux, Director of the Seton Hall Law Center for Policy and Research, commented on the findings: "Who knew about the torture at GTMO? Turns out they all did. It's not news that the interrogators were torturing and abusing detainees. We've got FBI reports attesting to this. But now we've discovered that the highest levels knew about the torture and abuse, and covered it up.

Conyers Wants Holder to Appoint a Special Counsel to Probe Bush Crimes

“The Attorney General should appoint a Special Counsel to determine whether there were criminal violations committed pursuant to Bush Administration policies that were undertaken under unreviewable war powers, including enhanced interrogation, extraordinary rendition, and warrantless domestic surveillance,” Conyers’s report says. "In this regard, the report firmly rejects the notion that we should move on from these matters"....

However, Conyers has not formally asked the Justice Department to appoint a special counsel as he had last year when he and 55 other House Democrats signed a letter sent to Attorney General Michael Mukasey seeking a special prosecutor ....

National Geographic airs a documentary tonight (9 PM both Eastern and Pacific time) , Explorer: Inside Guantanamo. This film is unreviewed by me, but the blurb says:

A symbol of freedom protected or freedom tragically betrayed, the controversies of Guantanamo embody the thorny issues of America’s fight against an enemy that wears no uniform, has no address and will declare no armistice, and an administrations battle to keep prisoners beyond the reach of due process in American courts. The goings-on inside the wire encircling this highly classified camp have been a closely held government secret until now. For the first time, National Geographic exclusively captures day-to-day life in the most famous prison in the world exploring the ongoing daily struggle between the guard force of dedicated young military personnel and the equally dedicated detainees, many of whom are still in legal limbo after being held years.

Second Guantanamo Prisoner to be released by Obama Administration

Ayman Saeed Batarfi, a 38-year old Yemeni doctor will be the second prisoner from Guantanamo to be released. He was first detained in Afghanistan in 2001, where his lawyers had indicated he had been on a humanitarian mission.

Bartafi was initially held at Bagram Airforce Base and then transferred to the infamous Guantanamo Bay Prison....

What is most interesting about Batarfi's release is that we are not being told where he's going. According to an AP report, Department of Justice spokesman Dan Boyd indicated that Batarfi would be transferred to 'an appropriate destination country in a manner that is consistent with the national security and foreign policy interests of the United States and the interests of justice'.

What exactly does this mean? If this were happening during the Bush administration, one could interpret the above statement as another one of their famous extraordinary renditions....

It also makes one wonder if Batarfi was subjected to the same type of 'exit interview' as his British counterpart, whereby he was asked not to reveal that he was tortured if he were released.

Bizarre Story of the Week:

Miss Universe and Miss USA tour Guantanamo

Miss Universe Dayana Mendoza says the trip was ‘an incredible experience’

Historical Article of the Week:

THE CIA AND THE MEDIA by Carl Bernstein

This 25,000 word landmark article, first published in Rolling Stone magazine in 1977, has been "reprinted" and posted on the Internet in bastardized and censored versions over the years. Bernstein's posting of the full article online is an important event, one that, for reasons evident from reading the article itself, has been ignored by the mainstream media.

What follows are some selections from the piece:

The CIA’s use of the American news media has been much more extensive than Agency officials have acknowledged publicly or in closed sessions with members of Congress. The general outlines of what happened are indisputable; the specifics are harder to come by. CIA sources hint that a particular journalist was trafficking all over Eastern Europe for the Agency; the journalist says no, he just had lunch with the station chief. CIA sources say flatly that a well‑known ABC correspondent worked for the Agency through 1973; they refuse to identify him. A high‑level CIA official with a prodigious memory says that the New York Times provided cover for about ten CIA operatives between 1950 and 1966; he does not know who they were, or who in the newspaper’s management made the arrangements....

During the 1976 investigation of the CIA by the Senate Intelligence Committee, chaired by Senator Frank Church, the dimensions of the Agency’s involvement with the press became apparent to several members of the panel, as well as to two or three investigators on the staff. But top officials of the CIA, including former directors William Colby and George Bush, persuaded the committee to restrict its inquiry into the matter and to deliberately misrepresent the actual scope of the activities in its final report. The multivolume report contains nine pages in which the use of journalists is discussed in deliberately vague and sometimes misleading terms. It makes no mention of the actual number of journalists who undertook covert tasks for the CIA. Nor does it adequately describe the role played by newspaper and broadcast executives in cooperating with the Agency....

There are perhaps a dozen well known columnists and broadcast commentators whose relationships with the CIA go far beyond those normally maintained between reporters and their sources. They are referred to at the Agency as “known assets” and can be counted on to perform a variety of undercover tasks; they are considered receptive to the Agency’s point of view on various subjects....

DESPITE THE EVIDENCE OF WIDESPREAD CIA USE OF journalists, the Senate Intelligence Committee and its staff decided against questioning any of the reporters, editors, publishers or broadcast executives whose relationships with the Agency are detailed in CIA files.

According to sources in the Senate and the Agency, the use of journalists was one of two areas of inquiry which the CIA went to extraordinary lengths to curtail. The other was the Agency’s continuing and extensive use of academics for recruitment and information gathering purposes.

All photos in the Public Domain. Thanks for this edition of WTR to Patriot Daily News Clearinghouse and Andy Worthington.

Under Oath, MI5 Officer Reveals Official British Torture Program

The UK Guardian, which has been right on top of the Binyam Mohamed drama unfolding in the British courts, delivered another bombshell article this morning in London. "Whitehall devised torture policy for terror detainees," the headline reads, "MI5 interrogations in Pakistan agreed by lawyers and government."

The British High Court resumed their hearing of Binyam's request for documents to prove his torture, as part of the legal proceedings against him at Guantanamo. Previously, the British judges had ruled that what they called "powerful evidence" suppressed relating to the torture of Mohamed by the U.S. and their proxy torturers in Morocco, where Mohamed had been sent as part of the Bush Administration's policy of "extraordinary rendition." The judges then revealed that they had been told by the British Foreign Minister, David Miliband, that the requested documents could not be released, or U.S.-UK intelligence relations would be affected.

From the article:

Miliband's position in the affair came under renewed attack yesterday after it emerged that his officials solicited a letter from the US state department to back up his claim that if the evidence was disclosed, Washington might stop sharing intelligence with Britain....

Evidence heard by the court in-camera – once the public and the media had been excluded – resulted in Jacqui Smith, the home secretary, asking the attorney general, Lady Scotland, to investigate "possible criminal wrongdoing" by both American and British security and intelligence officers.

And what was that wrongdoing. According to an MI5 officer testifying anonymously before the British court, and named only "Witness B". The Guardian reports that:

A number of British terrorism suspects who have been detained without trial in Pakistan say they were tortured by Pakistani intelligence agents before being questioned by MI5. In some cases their accusations are supported by medical evidence.

One of those suspects was Binyam Mohamed, who awaits a return from Guantanamo to Britain, terribly weakened by a months-long hunger strike. Witness B had interrogated Mr. Mohamed in Karachi, and in cross-examination by the court, the MI5 officer admitted that the prisoner had looked in "an extremely vulnerable position." The witness also allowed that he told Mohamed that he'd "get more lenient treatment if he cooperated."

The article continues:

Asked then whether the transfer concerned him, Witness B replied: "I was aware that the general question of interviewing detainees had been discussed at length by security service management legal advisers and government, and I acted in this case, as in others, under the strong impression that it was considered to be proper and lawful." He denied that he had threatened Mohamed and said the prisoner appeared well enough to be questioned.

Mohamed was eventually able to tell lawyers that before being questioned by MI5 he had been hung from leather straps, beaten and threatened with a firearm by Pakistani intelligence officers. After the meeting with MI5 he was "rendered" to Morocco where he endured 18 months of even more brutal torture, including having his genitals slashed with a scalpel. Some of the questions put to him under torture in Morocco were based on information passed by MI5 to the US.

The Guardian has learned from other sources that the interrogation policy was directed at a high level within Whitehall and that it has been further developed since Mohamed's detention in Pakistan. Evidence of this might emerge from 42 undisclosed US documents seen by the high court and sent to the MPs and peers on the intelligence and security committee (ISC).

As the details of the gory torture program leak out, it becomes clearer and clearer that the Obama administration's refusal to declassify relevant documents in Binyam's case amounts to a terrible cover-up of very serious war crimes. No matter what you think or want to think about Barack Obama, Eric Holder, and the rest of this new Democratic administration, they are treading very close to being implicated in war crimes. They should know this information will leak out, and to move now will save the U.S. credibility, and their own administration serious embarrassment or worse.

What is happening in Britain right now is sure to spill over to U.S. politics eventually, especially when the questions start to be "What did he know, and when did he know it":

In a letter to the committee, Clive Stafford Smith, the director of Reprieve, says: "The ISC would want to know whether the intelligence services brought the issue of Mr Mohamed's abuse to the attention of the prime minister (then Mr Blair) – and, if not, why not." He said if the evidence had been brought to Blair's attention, "the ISC would want to know what, if anything, was done about it. If nothing was done, that would raise serious questions about the respect that the UK government has for its obligations under the convention against torture."

We must demand that the U.S. release all documents in the Binyam case immediately. The British government, too, must release what documentation they are holding in the Binyam Mohamed case. The time to come clean is now.

H/T Trudy Bond

Pentagon Hiding Torture Evidence from Obama

Originally posted at Daily Kos

In a shocking revelation just posted at UK Guardian, Binyam Mohamed's attorney Clive Stafford Smith, who is also director of the legal charity Reprieve, reports that "substantial parts" of a memo, attached to a letter to Barack Obama, documenting evidence of Mohamed's torture at the hands of CIA agents and their extraordinary rendition proxies, were blanked out so the president could not read them. Who did that?

US defence officials are preventing Barack Obama from seeing evidence that a former British resident held in Guantánamo Bay has been tortured, the prisoner's lawyer said last night, as campaigners and the Foreign Office prepared for the man's release in as little as a week....

Stafford Smith tells Obama he should be aware of the "bizarre reality" of the situation. "You, as commander in chief, are being denied access to material that would help prove that crimes have been committed by US personnel. This decision is being made by the very people who you command."

Smith's letter to Obama can be read here (PDF).

Scott Horton at Harpers reviewed the known and published history of Binyam Mohamed in a column today criticizing the Obama administration's decision to use "state secrets privilege" in arguments before the Ninth District Court of Appeals in order to dismiss a lawsuit by Mohamed and four others against Jeppesen Dataplans, Inc., the aircraft company that worked with the CIA on the latter's extraordinary rendition program.

Binyam Mohamed is a 30-year-old Ethiopian who was granted political asylum in Britain in 1994. In 2002, he was seized by Pakistani authorities and turned over to American intelligence officials in connection with the Bush Administration’s extraordinary renditions program. He was shuttled between CIA-operated facilities in Afghanistan, Pakistan and Morocco. During this period of American-sponsored detention, according to court papers, Binyam Mohamed was “routinely beaten, suffering broken bones and, on occasion, loss of consciousness. His clothes were cut off with a scalpel and the same scalpel was then used to make incisions on his body, including his penis. A hot stinging liquid was then poured into open wounds on his penis where he had been cut. He was frequently threatened with rape, electrocution, and death.” He is now reported to be close to death in a prison cell in Guantánamo.

In his letter to Obama, dated February 9, 2009, Smith wrote (I have transcribed from the PDF -- and a big H/T to skdadl at FDL/Emptywheel.):

Dear President Obama:

I am writing with great urgency concerning the rendition and torture of a Guantanamo Bay prisoner represented by our charity. His name is Binyam Mohamed, and he is a British resident.

You will doubtless have been informed about Mr. Mohamed's torture -- he was abused in truly medieval ways over a period of more than two years in Pakistan (at the behest of the US), then again in Morocco (where he had been rendered by the CIA), and then in the Dark Prison in Kabul.

There has been a firestorm in the media of our closest ally, the United Kingdom because, according to two British judges, the Bush Administration "threatened" to withdraw national security cooperation with the UK if the judges ordered the release of materials concerning the torture of Mr. Mohamed in US custody.

The British judges bowed to this 'threat'-- but suggested at the end of their judgment that your administration might reconsider the position taken by your predecessors....

Since we, at Reprieve, are US lawyers with appropriate security clearances, we have access to this classified material. We have therefore assembled a memorandum that collates the evidence of torture in question. It is attached.

... for now, to deal with the British judges' request, we are submitting this information to you with no reference to any agent's name, or even the location of the abuse. Thus, as the British judges suggested, there is nothing in the memo that divulges material that should be considered classified.

We are submitting this letter and attachment to the Privilege Review Team established by the Department of Defense to deal with these issues....

If the DOD is unwilling to forward this material to you, then we will send you only what we are allowed to send you -- which will be a copy of this letter and a redacted version of the memo illustrating the extent to which it has been censored.

And the memo was censored. I can't reproduce it here, but you can see it at the link above. But I can tell you that everything is blacked out after the header, a full two pages worth of black paragraphs. The recipient to the memo is also redacted. The title of the memo is "Re: Torture of British resident Binyam Mohamed by US personnel."

What the hell is going on here? Is Obama in charge of the military or not? The Guardian article explains:

It is understood US defence officials might have censored the evidence to protect the president from criminal liability or political embarrassment.

Understood by whom?

This news comes only days after some other news from Guantanamo throws some doubt over who exactly is in control of U.S. military detainee and torture policy.

In an article today, Andy Worthington asks "Who's Running Guantanamo?"

On Jan. 20, the answer to that question seemed obvious. In his inaugural speech, with George W. Bush standing just behind him, President Obama pointedly pledged to "reject as false the choice between our safety and our ideals" – a clear indication that, as he promised in a speech in August 2007, he would dismantle the extralegal aberrations of the Bush administration's "War on Terror"....

President Obama requested the military judges at Guantánamo to call a halt for four months to all proceedings in the military commissions at Guantánamo....

The day after, he signed his first executive orders, stating that Guantánamo would be closed within a year, upholding the absolute ban on torture, ordering the CIA to close all secret prisons, establishing an immediate review of the cases of the remaining 242 prisoners in Guantánamo, and requiring Defense Secretary Robert Gates to ensure, within 30 days, that the conditions at Guantánamo conformed to the Geneva Conventions....

Worthington goes on to describe a struggle within the Pentagon to defy Obama's stay on prosecutions as it pertained to Saudi prisoner Abdul Rahim al-Nashiri. Ultimately, the convening authority of the military commissions at Guantanamo dismissed charges against al-Nahiri, though he is charges can be re-filed again later.

As Bush appointees and Cheney proteges muck around the Pentagon and the Naval Base at Guantanamo, Guantanamo prisoner Binyam Mohamed's attorney, Lieutenant Colonel Yvonne Bradley, reports deteriorating conditions at that facility, with "savage beatings," forced extractions from inmate cells, and forced feedings in an effort to quash a mass hunger strike among inmates. Over 20% of all inmates at the facility are currently on hunger strike.

Worthington concludes:

... although Bradley's account indicates that the crisis in Guantánamo is such that ongoing discussions about implementing the Geneva Conventions should be replaced by urgent intervention to address the prisoners' complaints (and alleviating the chronic isolation in which most of the prisoners are held would be a start), the conditions in Guantánamo have been met with a resolute silence from the Pentagon and the White House.

Will it really take another death in Guantánamo – the sixth – to provoke a response?

We must start asking some serious questions about how the transfer of power is really going. To what degree is the Pentagon and CIA, or elements within these organizations, obedient to the command of the putative commander-in-chief? What will Obama do, if anything, about such blatant flouting of authority? The press has already had public reports of ongoing abuse at Guantanamo, and yet the White House remains silent. What did Obama think when he saw the redacted memo addressed to... him? What are we to make of this?

Besides the injustice and substantial issues involved in the Binyam Mohamed case, something bigger seems at stake here. The stink around this case grows and grows larger and larger with every day. With the passage of the stimulus bill (for better or worse), let us hope more attention will be drawn to what is going on with national security, as the government scrambles, or so it seems, to cover up crimes of hideous magnitude.

U.S. Secret Prison Ships Hold Untold Number of Detainees

The UK Guardian is reporting the United States is holding hundreds of detainees from its international wars on at least 17 "floating prisons" in different harbors around the world. The detainees are interrogated, and then many of them sent via extraordinary rendition to other countries for further interrogation and torture.

According to research carried out by Reprieve, the US may have used as many as 17 ships as "floating prisons" since 2001. Detainees are interrogated aboard the vessels and then rendered to other, often undisclosed, locations, it is claimed.

Ships that are understood to have held prisoners include the USS Bataan and USS Peleliu. A further 15 ships are suspected of having operated around the British territory of Diego Garcia in the Indian Ocean, which has been used as a military base by the UK and the Americans.

Reprieve will raise particular concerns over the activities of the USS Ashland and the time it spent off Somalia in early 2007 conducting maritime security operations in an effort to capture al-Qaida terrorists.

At this time many people were abducted by Somali, Kenyan and Ethiopian forces in a systematic operation involving regular interrogations by individuals believed to be members of the FBI and CIA. Ultimately more than 100 individuals were "disappeared" to prisons in locations including Kenya, Somalia, Ethiopia, Djibouti and Guantánamo Bay.

Reprieve believes prisoners may have also been held for interrogation on the USS Ashland and other ships in the Gulf of Aden during this time.

According to Reprieve's legal director, Clive Stafford Smith, the U.S. admits to holding 26,000 people without trial in various secret prisons, and Smith believes "up to 80,000 have been 'through the system' since 2001."

Smith was interviewed on May 19 by Amy Goodman at Democracy Now, and had more to say about the prison ship program (thanks to ask at Daily Kos).

And we’ve identified thirty-two prison ships, sort of prison hulks you used to read about in Victorian England, which have been converted to hold prisoners, and we’ve got pictures of them in Lisbon Harbor, for example. And these are holding prisoners around the world, as well. And there’s a bunch of proxy prisons -- Morocco, Egypt and Jordan -- where this stuff is going on. And this is a huge concern, because the world focus is on Guantanamo Bay, which really is a diversionary tactic in the whole war of terror or war on terror, whatever you’d like to call it. And actually, most of these people who have been severed from their legal rights are in these other secret prisons around the world. [bold added for emphasis]

While there may be more detainees held in other secret prisons, or Iraqi and Afghani jails and U.S. military and CIA black site prisons, the idea of prisoners held in small holds and cells for an indefinite time, out of sight of land or hope, conjures memories of tryanny that predate the democratic revolutions of the late eighteenth century. Prison ships harken back to the days of the British deportations of convicts to America and Australia, and even earlier, to the slave ships which transported the kidnapped and sold Africans into what was supposed to be eternal servitude. An article at Newsday describes the "wretched prison ships" of the American Revolutionary War (h/t to Edger at Docudharma for this):

More Americans died in British prison ships in New York Harbor than in all the battles of the Revolutionary War.

There were at least 16 of these floating prisons anchored in Wallabout Bay on the East River for most of the war, and they were sinkholes of filth, vermin, infectious disease and despair....

Few aspects of the war were documented as well as life on the prison ships, presumably because the experience, for those who survived, was forever imprinted in their memories.... In 1778, Robert Sheffield of Stonington, Conn., escaped one of these ships, and told his story to the Connecticut Gazette. He was one of 350 men jammed in a small compartment belowdecks.

"Their sickly countenances and ghastly looks were truly horrible," the newspaper wrote on July 10, without identifying the ship. "Some swearing and blaspheming; some crying, praying, and wringing their hands, and stalking about like ghosts; others delirious, raving, and storming; some groaning and dying -- all panting for breath; some dead and corrupting -- air so foul at times that a lamp could not be kept burning, by reason of which the boys were not missed till they had been dead ten days."

In George Bush and Nancy Pelosi's America, we know less about the crimes done in our name than your average American or European knew about the atrocities of their day. Outstanding blogger GreyHawk has an essay just out that shows that news about the prison ships has been leaking out, without making much of a stir, for years.

So, now we will have to add secret prison ships to what Reprieve at their website calls the "global matrix of CIA torture flights and secret prisons scattered from Poland to Afghanistan."

Soon, I will be writing a rather lenghty piece about the history and current U.S. policy of targeted assassination: torture, assassination, aggressive invasion and occupation of other countries, disputed elections, out-of-control war profiteering and an oil industry raping the economy without any governmental restraints. This nation is sliding into a totalitarian nightmare. While the population is diverted by the entertainment of the mainstream election, the worst crimes are taking place, and if the many are ignorant or indolent today, the consequences tomorrow will be unable to escape.