The Torture Compromise of 2007

"Torture, they said, cannot be a policy, and a law that permits torture cannot be on the books. What is wanted is a leader who will break the law selectively, in a way we can trust. Torture should be allowable, but only by the right people and for the right reason. To a man and woman, the guests who held this view were supporters of Hillary Clinton."

“Thousands” Illegally Rendered By Bush Administration for Interrogation, Torture

"In violation of international and U.S. law, “thousands” of alleged terrorists have been victims of “extraordinary rendition” by the Bush Administration since 9/11, two legal scholars say. “Instead of working to bring those committing crimes against the United States to justice in U.S. courts, the Bush Administration seems intent on doing exactly the opposite---keeping such individuals away from U.S. courts, hidden in a web of secret prisons, underground interrogation cells, and in the hands of cooperative governments,” write Margaret Satterthwaite and Angela Fisher. Satterthwaite is an assistant professor of clinical law at NYU School of Law and Fisher served as assistant research scholar with the Center for Human Rights and Global Justice."

The CIA’s Detention, Interrogation, and Rendition Program

Excellent video series.

The agonizing truth about CIA renditions

Khaled el-Masri, who was abducted by the CIA for interrogation as a suspected terrorist, during an interview in Ulm, Afghanistan, Dec. 11, 2005.

The fate of prisoners secreted away under the Bush administration is in some ways worse than even Hollywood has portrayed.

by Stephen Grey - Nov. 5, 2007

At 3:44 p.m. on Jan. 24, 2004, a luxury Boeing 737 business jet operated by the Central Intelligence Agency landed at Kabul Airport in Afghanistan. Onboard were its flight crew, eight members of a CIA rendition team and a blindfolded prisoner who was shackled by his wrists and feet.

The behavior of the prisoner, a German citizen named Khaled el-Masri, concerned the CIA team leader onboard. According to an agency insider, the leader sent word to Washington that "there was something strange about el-Masri. He didn't behave like the others they'd captured. He was asking: Is he the right guy?"

Within days it emerged that el-Masri was indeed the wrong man. It was a "100 percent case of mistaken identity," said another former agency official. Yet, despite this discovery, el-Masri spent 18 weeks in solitary confinement in a CIA "black site," or secret prison used by the United States in its war on terror. He is still waiting for an apology or an explanation.

The case of el-Masri -- whose lawsuit against the CIA has been dismissed by U.S. courts on the grounds of protecting "state secrets" -- caused a huge controversy within the CIA at the time of his capture. A five-month standoff between employees at the Counterterrorism Center and others in the clandestine service led then director George Tenet to step in. "On at least this occasion, Tenet made the right choice," a source told me. "He ordered the release of a man who was clearly not a terrorist."

The current Hollywood movie "Rendition" looks at a fictional case of a wrongly identified terrorist. It calls to public attention the CIA program of "extraordinary rendition," the practice of nabbing terrorist suspects abroad and transferring them without legal process to a third country -- often one where torture is commonplace -- for detention and interrogation.

In the course of investigating the rendition program for the past four years, I have interviewed victims, CIA pilots, case officers who have actually carried out renditions, senior CIA officers who directed such operations and officials at the White House who were involved in authorizing such measures. All of these sources told me in private or on the record that repeated claims by the White House that we "don't send people to countries where they will be tortured" are plain lies.

As Tyler Drumheller, head of CIA covert operations in Europe from 2001 to 2005, said in an on-camera interview, the assurances obtained from countries like Egypt that prisoners would not be tortured were hardly treated as serious. "You can say we asked them not to do it, and they do say that, but you have to be honest with yourself and say there's no way we can guarantee they are not going to do that."

Hollywood's "Rendition" makes some mistakes. It is not true, as the movie depicts, that CIA officers stand by in some Egyptian or Syrian torture room while a prisoner is electrocuted. Most CIA officers would find that abhorrent, and it would breach the CIA's own rules and be a clear violation of U.S. law.

But in some ways the truth about rendition is worse than what is depicted in the Hollywood film. When prisoners are handed over to countries like Egypt or Syria, CIA officers keep well clear of what happens next because agency rules prevent them from witnessing any strong-arm interrogations. But keeping their eyes wide shut, in effect, allows for much darker, more immoral things to occur, and for the U.S. government to preserve plausible deniability.

Inside its own "black site" prisons, the CIA uses interrogation methods that -- while falling short of the medieval techniques used in the Arab world -- still, in the eyes of many within the agency, amount to straightforward torture. It is not only the physical methods like waterboarding (simulated drowning), but also refined techniques of sensory deprivation, that can cripple a prisoner psychologically.

One witness to such abuse was Bisher al-Rawi, a longtime British resident who was snatched by the CIA and held for more than four years, first in Afghanistan, then in Guantánamo Bay, Cuba. In a recent interview he told me about the "dark prison" where he was held in solitary confinement while being bombarded with strange music. It was freezing cold and so dark, he said, "you couldn't see the end of your nose." Physical torture, like the beatings he later endured, could be overcome, he said, but psychological torture "lives with you all your life."

The Bush administration now acknowledges its program of rendition and the existence of its black sites. But much remains a deep secret. Most of the terrorist suspects involved remain in custody and cannot talk. And we know the fate of just a small fraction of the thousands of prisoners captured by U.S. forces around the world since 9/11.

Recently, by refusing to hear the lawsuit of Khaled el-Masri, the U.S. Supreme Court has added to this veil of secrecy. It left standing a judgment by the circuit court that however bad el-Masri's treatment, the objectives of national security outweighed the public interest in airing the truth about his arrest and detention in a public court of law.

As long as a terror suspect remains a "ghost prisoner" whose location and fate can only be guessed at, then a prison guard or interrogator need feel little fear of the consequences of what he or she might do. Secrecy is a friend of the torturer.

Warning, this film could make you very angry

by Robert Fisk, The Independent - November 4, 2007

At university, we male students used to say that it was impossible to take a beautiful young woman to the cinema and concentrate on the film. But in Canada, I've at last proved this to be untrue. Familiar with the Middle East and its abuses – and with the vicious policies of George Bush – we both sat absorbed by Rendition, Gavin Hood's powerful, appalling testimony of the torture of a "terrorist suspect" in an unidentified Arab capital after he was shipped there by CIA thugs in Washington.

Why did an Arab "terrorist" telephone an Egyptian chemical engineer – holder of a green card and living in Chicago with a pregnant American wife while he was attending an international conference in Johannesburg? Did he have knowledge of how to make bombs? (Unfortunately, yes – he was a chemical engineer – but the phone calls were mistakenly made to his number.)

He steps off his plane at Dulles International Airport and is immediately shipped off on a CIA jet to what looks suspiciously like Morocco – where, of course, the local cops don't pussyfoot about Queensberry rules during interrogation. A CIA operative from the local US embassy – played by a nervous Jake Gyllenhaal – has to witness the captive's torture while his wife pleads with congressmen in Washington to find him.

The Arab interrogator – who starts with muttered questions to the naked Egyptian in an underground prison – works his way up from beatings to a "black hole", to the notorious "waterboarding" and then to electricity charges through the captive's body. The senior Muhabarat questioner is, in fact, played by an Israeli and was so good that when he demanded to know how the al-Jazeera channel got exclusive footage of a suicide bombing before his own cops, my companion and I burst into laughter.

Well, suffice it to say that the CIA guy turns soft, rightly believes the Egyptian is innocent, forces his release by the local minister of interior, while the senior interrogator loses his daughter in the suicide bombing – there is a mind-numbing reversal of time sequences so that the bomb explodes both at the start and at the end of the film – while Meryl Streep as the catty, uncaring CIA boss is exposed for her wrong-doing. Not very realistic?

Well, think again. For in Canada lives Maher Arar, a totally harmless software engineer – originally from Damascus – who was picked up at JFK airport in New York and underwent an almost identical "rendition" to the fictional Egyptian in the movie. Suspected of being a member of al-Qa'ida – the Canadian Mounties had a hand in passing on this nonsense to the FBI – he was put on a CIA plane to Syria where he was held in an underground prison and tortured. The Canadian government later awarded Arar $10m in compensation and he received a public apology from Prime Minister Stephen Harper.

But Bush's thugs didn't get fazed like Streep's CIA boss. They still claim that Arar is a "terrorist suspect"; which is why, when he testified to a special US congressional meeting on 18 October, he had to appear on a giant video screen in Washington. He's still, you see, not allowed to enter the US. Personally, I'd stay in Canada – in case the FBI decided to ship him back to Syria for another round of torture. But save for the US congressmen – "let me personally give you what our government has not: an apology," Democratic congressman Bill Delahunt said humbly – there hasn't been a whimper from the Bush administration.

Even worse, it refused to reveal the "secret evidence" which it claimed it had on Arar – until the Canadian press got its claws on these "secret" papers and discovered they were hearsay evidence of an Arar visit to Afghanistan from an Arab prisoner in Minneapolis, Mohamed Elzahabi, whose brother, according to Arar, once repaired Arar's car in Montreal.

There was a lovely quote from America's Homeland Security secretary Michael Chertoff and Alberto Gonzales, the US attorney general at the time, that the evidence again Arar was "supported by information developed by US law enforcement agencies". Don't you just love that word "developed"? Doesn't it smell rotten? Doesn't it mean "fabricated"?

And what, one wonders, were Bush's toughs doing sending Arar off to Syria, a country that they themselves claim to be a "terrorist" state which supports "terrorist" organisations like Hizbollah. President Bush, it seems, wants to threaten Damascus, but is happy to rely on his brutal Syrian chums if they'll be obliging enough to plug in the electricity and attach the wires in an underground prison on Washington's behalf.

But then again, what can you expect of a president whose nominee for Alberto Gonzales's old job of attorney general, Michael Mukasey, tells senators that he doesn't "know what is involved" in the near-drowning "waterboarding" torture used by US forces during interrogations. "If waterboarding is torture, torture is not constitutional," the luckless Mukasey bleated.

Yes, and I suppose if electric shocks to the body constitute torture – if, mind you – that would be unconstitutional. Right? The New York Times readers at least spotted the immorality of Mukasey's remarks. A former US assistant attorney asked "how the United States could hope to regain its position as a respected world leader on the great issues of human rights if its chief law enforcement officer cannot even bring himself to acknowledge the undeniable verity that waterboarding constitutes torture...". As another reader pointed out, "Like pornography, torture doesn't require a definition."

Yet all is not lost for the torture lovers in America. Here's what Republican senator Arlen Spector – a firm friend of Israel – had to say about Mukasey's shameful remarks: "We're glad to see somebody who is strong, with a strong record, take over this department."

So is truth stranger than fiction? Or is Hollywood waking up – after Syriana and Munich – to the gross injustices of the Middle East and the shameless and illegal policies of the US in the region? Go and see Rendition – it will make you angry – and remember Arar. And you can take a beautiful woman along to share your fury.