June 29th, 2009

Bagram: Where the future of Guantanamo meets its tortuous past

Posted by: Moazzam Begg

Moazzam Begg- Moazzam Begg is Director for the British organisation, Cageprisoners. The opinions expressed are his own. -

Little seems to have changed regarding the treatment of prisoners held at the U.S. military-run Bagram prison since I was there (2002-2004). The recent study conducted by the BBC shows allegations of sleep deprivation, stress positions, beatings, degrading treatment, religious and racial abuse have gone unabated. On a personal level though, I can’t help wonder if British intelligence services are still involved.

In April this year, a report issued by Cageprisoners entitled Fabricating Terrorism II highlighted through eyewitness testimony the cases of 29 people, all of them either British residents or citizens, who had allegedly been tortured and abused in the presence of British intelligence agents or at their behest.

One of them, the case of Farid Hilali, featured in the Guardian newspaper, showed how allegations of complicity in torture against British intelligence predated the Sept. 11 attacks. The story of Jamil Rahman too – regarding allegations of British complicity in his torture in Bangladesh – would have been included in the report but he was worried at the time about the safety of his family. The recurrent factor in all these cases is the extent to which denial and prevarication remain as much a part of the intelligence services’ arsenal as outsourcing torture and abuse. The others include the British cases of Omar Deghayes, Bisher Al-Rawi, Jamil Elbanna, Richard Belmar, Shaker Aamer and Binyam Mohamed – all of whom were held at Bagram.

Shortly after I returned from Guantanamo my father showed me a letter he received from the British Foreign Office. The letter, written in 2002, claims that UK officials were not given access to prisoners in Bagram. At the time, I was being held captive there by the U.S. military and, amongst other alphabet intelligence agencies, was being interrogated by MI5, who were aware that torture, abusive and degrading treatment was being meted out to prisoners– including British citizens.

During my time there I saw two people being beaten severely: one after he’d lost consciousness following days of having his hands shackled to the top of a cage; the other after a very crude and ultimately futile escape attempt. Both were killed.

In eleven months of custody in Bagram I was hogtied, punched, kicked, shackled to the top of a door, hooded, strip-searched regularly, put in stress positions and deprived of sleep.

Of course, this wasn’t always the case, and there were some decent soldiers who balked at the very idea of such abuse. (Some of the soldiers have even expressed clear remorse and regret to me since my return. One of them is Damien Corsetti who was brought up for charges of detainee abuse in both Bagram and Abu Ghraib prisons).

Nonetheless, such treatment wasn’t unusual. The worst of it for me was hearing the sounds of a woman screaming I was led to believe was my wife being tortured while an interrogator waved pictures of my children in front of me asking: “Do you think you’ll ever see them again?” or “What do you think happened to them the night we took you?” Several months later I learned that my family were safe but, those screams I knew were not make-believe.

In July 2005, four prisoners carried out an unprecedented but successful escape attempt from Bagram. Later, they participated in an interview on an Arabic language television channel describing how they had seen a woman in custody. After his release from Guantanamo earlier this year, Binyam Mohamed told me that he recognised the picture I showed him of Dr. Aafia Siddiqui, the Pakistani woman - whom the U.S. authorities deny was ever held at Bagram – who he had last seen in Bagram in a state of near insanity.

I met at least five children in Bagram (2002) – four of whom were taken to Guantanamo and two of whom are still there. One of them, Omar Khadr, a Canadian national, was brought in at the age of fifteen so terribly wounded he looked like he was dead. His left eye was shot out and there were two huge exit wounds to his shoulder and chest. Another, a young Afghan teenager called Shams was shot in his hip by a U.S. soldier and unable to walk. I used to help to carry him to take him to the improvised barrel we had to use as a toilet – amongst 10 of us. Other than that walking and talking were prohibited in Bagram.

Earlier this year, when the new U.S. president was promising the world he’d close down Guantanamo and the secret detention sites and put an end to torture, I was touring the UK with a former U.S. soldier who had guarded some of us in Guantanamo. We were both telling the world that while we welcomed the announcement of the closure of the world’s most infamous prison, nothing was being said about places like Bagram. Several films, including the oscar-winning Taxi to the Dark Side, were made about this place, but still little Bagram was off the international radar. As people who had served time on both sides of the wire we hoped that someone was listening. The truth is that by the time I’d passed through Bagram I was looking forward to Guantanamo.

After becoming the public relations disaster Guantanamo clearly is, we’re told days are numbered. But judging by the escalation of military activity in Afghanistan and the possibility that some Guantanamo prisoners might be transferred there , the abuses in Bagram may continue to get noticed – every couple of years or so.

June 26th, 2009

The real torture is in the waiting

Posted by: Marc Callcutt

Marc Callcutt- Marc Callcutt is a casework lawyer for the Reprieve Death Penalty team. The opinions expressed are his own.-

Exactly five years ago, the International Day in Support of Victims of Torture, two Britons, Naheem Hussain and Rehan Zaman, were in Dadyal Police Station, in Pakistan having been arrested on murder charges.

The police used their usual interrogation techniques. Rehan was hung upside down, in what is known as an inverse strappado, and had one of his finger nails pulled out. Naheem was tied to a chair and had red chillies rubbed in his eyes. Both had the police attempt to break their legs, and both were subjected to hours of falaka – a torture that involves whipping of the feet with a rod or cane, used because it is incredibly painful but leaves few scars. The torture was such that in the end, both of them signed “confessions” accepting their role in the murders.

Yet, if you talk to the two men now, it is not the 14 days of torture they suffered at the hands of the police they will complain about, but rather their ongoing torture at the hands of the Pakistan criminal justice system. Five years on, they remain in prison, unconvicted, desperate for their trial. Every day they wake up uncertain of how long they will remain in prison – the potential of the death penalty hanging over them like the sword of Damocles. They will tell you that this torture is much crueller than anything that they faced at the hands of the police. Rehan in particular has been told Reprieve that if his case fails to progress by the end of the year he will be forced to “sentence himself”.

The mental anguish that those on death row suffer has become so common that in legal circles it is simply known as “the death row phenomena” and courts have had to take action to limit such suffering. The European Court of Human Rights refused to allow the extradition of a German national to the U.S. on the basis that the “ever-present and mounting anguish of awaiting execution” was a breach of his right not to suffer torture or inhuman or degrading treatment. Similarly, the Privy Council here in the UK decided that to carry out an execution “after holding [defendants] in an agony of suspense” for more than five years would be inhuman and degrading.

If Naheem and Rehan were being held within the Privy Council’s jurisdiction, there would be no chance of them facing execution now that their case has been delayed for more than five years. The courts would simply not permit this tortuous status quo to continue. In fact, the case against both men would be thrown out, given the physical torture that they both were subjected to on their arrest. Instead though, their case limps on – seemingly years away from a conclusion.

Now Reprieve, along with their local lawyers, is working ensure that the torture they suffered five years ago is properly investigated, and no evidence gathered during those 14 days of brutality is used against them at their trial. The British government did contact the Pakistan authorities to request such an investigation, but months have passed and they are yet to have a response. Meanwhile, Naheem and Rehan have remained in prison. Now the Prime Minister himself needs to raise the issue with President Zadari, if we are to see any progress.

The irony is that it is the torture that they endured all those years ago that hold the key to their case, yet it is the daily torture of living in the executioner’s shadow that causes them the most anguish.

June 24th, 2009

Bagram lesser known - but more evil - twin of Guantanamo

Posted by: Clara Gutteridge

clara_gutteridge-Clara Gutteridge is renditions investigator at Reprieve. The opinions expressed are her own.-

The big surprise in Tuesday’s revelations of prisoner abuse at Bagram is how long these stories have taken to reach the international media, given the scale of the problem.

Bagram Airforce Base is Guantanamo Bay’s lesser known - but more evil - twin. Thousands of prisoners have been “through the system” at Bagram, and around 600 are currently held there. Meanwhile President Obama’s lawyers are fighting to hold them incommunicado; stripped of the right to challenge the reasons for their imprisonment.

In this way, Bagram Airforce Base is just the latest in a long line of U.S.-created legal black holes. And as evidence of abuse there has begun to leak out, the U.S. military has responded in exactly the same way as it did to similar allegations at Abu Ghraib and elsewhere: by insisting that the torture is just the work of a few low-ranking “bad apples” and repeating that the U.S. “does not torture”.

Sad to say, the truth has revealed itself to be just the opposite. Recently released U.S. government memos have shown the efforts of top U.S. lawyers to justify torture techniques to be used in prisons far from U.S. continental territory. Faced with such evidence, it is difficult to avoid the conclusion that prisons like Bagram were created in large part because the U.S. wanted to torture certain people held there.

The Obama administration argues that the prisoners in Bagram are not entitled to challenge their imprisonment because Afghanistan is in a state of war, and that therefore different legal rules apply. But many of the former Bagram prisoners, such as British residents Jamil El-Banna and Bisher Al-Rawi, were captured in countries far from the Afghan “battlefield”, and forcibly transferred into the war-zone. It seems wholly unfair that prisoners be denied rights simply because they have been kidnapped and rendered into a legal black hole.

In such renderings, the U.S. has not acted alone. The British government has recently admitted to capturing two men in Iraq who were handed to the U.S. and subsequently rendered to Afghanistan. Reprieve’s investigations suggest that these men were taken out of Iraq because the Abu Ghraib prisoner abuse scandal was breaking, and Afghanistan represented a safer, darker place to hold them indefinitely. Yet the British government refuses to assist us in our efforts to offer the men legal representation, preferring to allow them to languish in Bagram.

And this is the story of Bagram: 600 virtually unknown men are being held “beyond the rule of law” in desperate conditions, whilst the US government seeks to obstruct lawyers who seek to represent them, and other complicit governments such as the British bury their heads in the sand. Does any of this sound familiar?

Related commentary: Britain’s torture memos — keeping up appearances

June 24th, 2009

Should torture be part of the U.S.’s counterterrorism approach?

Posted by: Reuters Staff

torturewriterscombo

The following piece was co-written by Matthew Alexander, Joe Navarro and Lieutenant General Robert Gard (USA-Ret.) They are pictured from left to right.

Matthew Alexander led an interrogations team assigned to a special operations task force in Iraq in 2006. He is the author of "How to Break a Terrorist: The U.S. Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq." He is writing under a pseudonym for security reasons.

Joe Navarro, a former FBI counterintelligence and counterterrorism expert, is an adjunct faculty member at the FBI's Counterintelligence Division.

Lt. Gen. Robert G. Gard, Jr. (USA-Ret.) is president emeritus at the Monterey Institute for International Studies and a senior military fellow at the Center for Arms Control and Non-Proliferation.

The views expressed are their own.

President Obama decided not to release a new group of detainee abuse photographs because he believes they would inflame our enemies and threaten American troops. Indeed, the shocking photos from Abu Ghraib have served as a powerful recruiting tool for al-Qaeda and have sparked outrage across the world.

It is not the release of the photos, however, that would elicit horror and anger. It is their brutal content and the misguided policies they reflect. The controversy surrounding the photos and the president’s release of four Department of Justice memos have brought into sharp focus a debate that has been in the shadows of public discourse for several years: Should the U.S. include torture and cruelty in its counterterrorism arsenal?

Since it has become clear that the U.S. authorized and carried out a torture program, defenders of the policy have repeated half-truths and outright deceptions about its effectiveness. In 2007, CIA officer John Kiriakou appeared on ABC News claiming waterboarding broke senior al Qaeda member Abu Zubaydah in “30, 35 seconds.” Kiriakou’s statements were widely reported and used to portray waterboarding as a harmless procedure despite the fact that he had no first-hand knowledge of Zubaydah’s interrogation—he wasn’t even in the same country when it occurred.

Former FBI agent Ali Soufan contradicted these and other false claims in a Senate hearing on interrogation practices. Experienced interrogators like Soufan prefer to use a technique that relies on “outwitting the detainee by using a combination of interpersonal, cognitive, and emotional strategies to get the information needed.”

Soufan testified that by interrogating Zubaydah using this approach, he obtained valuable intelligence in less than an hour. Further, when another interrogation team introduced harsher techniques, Zubaydah “shut down and stopped talking.” Al Qaeda members, Soufan explained, are trained to withstand torture.

The reality is Abu Zubaydah was waterboarded 83 times and Khalid Shaikh Mohammed 183 times. This puts a serious hole in the ‘ticking time bomb’ scenario that advocates of torture repeatedly return to.

As the validity of such justifications is repeatedly dismissed, attempts to rationalize torture are getting increasingly desperate. At last month’s hearing, Senator Lindsey Graham (R-SC) claimed, “one of the reasons these techniques have survived for about 500 years is apparently they work.” To which Ali Soufan responded, “Because, sir, there’s a lot of people who don’t know how to interrogate, and it’s easier to hit somebody than outsmart them.”

Among policymakers and the public, there appears to be a fundamental, widespread misunderstanding of how effective interrogation works. Senator Graham questioned Professor David Luban about exploiting a detainee’s phobia of spiders. The experts—who have spent years interrogating the toughest, most dangerous people in the world—know that smart interrogation is not about terrorizing detainees.

We should be careful not to overlook other forceful reasons for not using torture. The public debate often disregards—to the detriment of the U.S. interests—the profound damage done by violating U.S. law and international legal obligations prohibiting not only torture but even cruel, inhuman and degrading treatment. Our prestige and power, our respect for the rule of law and respect for the rights of humankind are inextricably tied to preserving America’s ideals.

The most critical aspect of this scandal, especially in terms of immediate implications for our national security, has to do with the international community. Our relationships with long-standing and vital allies have been greatly strained. With the rising influence of non-state actors and an ever-increasing level of interdependence and unpredictability amongst nations, the need for trusted partners has never been greater; this is especially evident with regards to the threat of terrorism and the strength of extremists in Pakistan and Afghanistan.

Throughout our history, the values that we protected—respect for our common humanity and the rule of law—set a standard to which the rest of the world aspired. As Senator John McCain said, “[T]his isn’t about who they are. This is about who we are.”

Regaining our moral leadership in the international community is contingent on publicly—and unmistakably—casting aside a policy and strategy that flouts our laws and corrupts our values. We must continue to lead where we want others to follow by demonstrating that our principles and our practices are indistinguishable from one another.

June 19th, 2009

Britain’s torture memos: keeping up appearances

Posted by: Daniel Gorevan

daniel gorevan- Daniel Gorevan is head of Amnesty International’s Counter Terror with Justice campaign. The opinions expressed are his own. -

Tony Blair’s government reportedly advised MI5 officers that the UK must not be “seen to condone” torture. However, evidence is mounting that British agents knowingly exploited torture perpetrated by others.

Take the case of Khaled al Maqtari, a Yemeni arrested by U.S. forces in Iraq in 2004. He told Amnesty International that he was frogmarched from a “torture room” at Abu Ghraib out to a UK special forces jeep, huddled in a wet blanket, with the marks of beatings clearly visible on his body.

The British agents did not mistreat him, but neither did they make any effort to find out what had happened to him. Instead they drove him through the darkened streets of Baghdad, asking him to identify suspect locations, before returning him at dawn to Abu Ghraib. Three days later he disappeared into the CIA’s secret jails, not to resurface for more than two years.

Turning a blind eye to torture or abuse, benefiting from the results of that mistreatment, and delivering a man back to certain further abuse begs serious questions about the UK’s understanding and respect for its human rights and humanitarian law obligations. The question is not just whether British agents are “seen” to be cheering on torture. Whatever else might be said about keeping up appearances, states and their officials are required to do much more in the face of torture than simply mutter politely that they do not condone it.

What we should be asking is whether the UK and its agents knew, or should have known, that detainees held in U.S. custody in Abu Ghraib, or by the secret police in countries such as Pakistan or the Gambia were likely to be tortured or abused. What did the UK and its agents do or fail to do in the face of that knowledge? These are serious questions, with legal and even criminal consequences, and urgently need to be publicly and comprehensively answered.

Other incidents highlight the need for broader public inquiry. The UK provided information leading to the arrest of several men who subsequently suffered  rendition and torture at the hands of the CIA. Jamil el Banna and Bisher al Rawi, for instance, were British residents arrested in the Gambia and transferred to U.S. detention in Afghanistan, finally resurfacing in Guantánamo Bay. British agents have also been involved in the interrogation of detainees in Pakistani custody, where the risks of torture or other ill-treatment are well known.

In the case of British resident Binyam Mohamed, interrogation by UK agents in Pakistan was the prelude to rendition, torture and secret detention in Morocco and Afghanistan, followed by years in Guantánamo.

When questioned recently about British involvement in the rendition and secret detention programme, Tony Blair claimed that “It’s only ever journalists who ask me questions about issues like that. It’s not an issue [with people] out there.”

The individuals whose lives have been broken by torture might disagree. So too would those who believe in respect in for human rights; or anyone who believes that action – and not just words or appearances – are necessary if torture is ever to be eradicated.

We need a proper investigation, simple assurances are not good enough. Government investigations to date have been piecemeal and inadequate. What information we have has been revealed primarily through litigation and investigations in the press and by Amnesty International and other NGOs.

We need to know who authorised British agents to turn a blind eye to torture, ill-treatment and renditions, and how far such authorisations went. As long as questions about Britain’s involvement in rendition and torture remain it will be an issue for Tony Blair and for the government. Whether they like it or not.

There is one, and only one, way to stop the questions: reveal the full truth and hold those responsible to account.