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You are here: Home / Archives for Waterboarding

UN officials demand prosecutions for US torture

December 11, 2014 by Nasheman

usa-torture

by John Heilprin, AP

Geneva: All senior U.S. officials and CIA agents who authorized or carried out torture like waterboarding as part of former President George W. Bush’s national security policy must be prosecuted, top U.N. officials said Wednesday.

It’s not clear, however, how human rights officials think these prosecutions will take place, since the Justice Department has declined to prosecute and the U.S. is not a member of the International Criminal Court.

Zeid Raad al-Hussein, the U.N. high commissioner for human rights, said it’s “crystal clear” under international law that the United States, which ratified the U.N. Convention Against Torture in 1994, now has an obligation to ensure accountability.

“In all countries, if someone commits murder, they are prosecuted and jailed. If they commit rape or armed robbery, they are prosecuted and jailed. If they order, enable or commit torture – recognized as a serious international crime – they cannot simply be granted impunity because of political expediency,” he said.

U.N. Secretary-General Ban Ki-moon hopes the U.S. Senate Intelligence Committee report on the CIA’s harsh interrogation techniques at secret overseas facilities is the “start of a process” toward prosecutions, because the “prohibition against torture is absolute,” Ban’s spokesman said.

Ben Emmerson, the U.N.’s special rapporteur on counterterrorism and human rights, said the report released Tuesday shows “there was a clear policy orchestrated at a high level within the Bush administration, which allowed (it) to commit systematic crimes and gross violations of international human rights law.”

He said international law prohibits granting immunity to public officials who allow the use of torture, and this applies not just to the actual perpetrators but also to those who plan and authorize torture.

“The fact that the policies revealed in this report were authorized at a high level within the U.S. government provides no excuse whatsoever. Indeed, it reinforces the need for criminal accountability,” Emmerson said.

Human Rights Watch executive director Kenneth Roth echoed those comments, saying “unless this important truth-telling process leads to the prosecution of officials, torture will remain a `policy option’ for future presidents.”

The report said that in addition to waterboarding, the U.S. tactics included slamming detainees against walls, confining them to small boxes, keeping them isolated for prolonged periods and threatening them with death.

However, a Justice Department official said Wednesday the department did not intend to revisit its decision to not prosecute anyone for the interrogation methods. The official said the department had reviewed the committee’s report and did not find any new information that would cause the investigation to be reopened.

“Our inquiry was limited to a determination of whether prosecutable offenses were committed,” the official said on condition of anonymity because they were not authorized to discuss an investigation. “Importantly, our investigation was not intended to answer the broader questions regarding the propriety of the examined conduct.”

The United States is also not part of the International Criminal Court, which began operating in 2002 to ensure that those responsible for the most heinous crimes could be brought to justice. That court steps in only when countries are unwilling or unable to dispense justice themselves for genocide, crimes against humanity or war crimes. The case could be referred to the ICC by the U.N. Security Council, but the United States holds veto power there.

In one U.S. case mentioned in the report, suspected extremist Gul Rahman was interrogated in late 2002 at a CIA detention facility in Afghanistan called “COBALT” in the report. There, he was shackled to a wall in his cell and forced to rest on a bare concrete floor in only a sweatshirt. He died the next day. A CIA review and autopsy found he died of hypothermia.

Justice Department investigations into his death and another death of a CIA detainee resulted in no charges.

President Barack Obama said the interrogation techniques “did significant damage to America’s standing in the world and made it harder to pursue our interests with allies.” CIA Director John Brennan said the agency made mistakes and learned from them, but insisted the coercive techniques produced intelligence “that helped thwart attack plans, capture terrorists and save lives.”

The Senate investigation, however, found no evidence the interrogations stopped imminent plots.

European Union spokeswoman Catherine Ray emphasized Wednesday that the Obama administration has worked since 2009 to see that torture is not used anymore but said it is “a commitment that should be enshrined in law.”

German Foreign Minister Frank-Walter Steinmeier was quoted as telling the Bild daily that Obama had clearly broken with Bush policies and, as a result, Washington’s “new openness to admitting mistakes and promising publicly that something like this will never happen again is an important step, which we welcome.”

“What was deemed right and done back then in the fight against Islamic terrorism was unacceptable and a serious mistake,” Steinmeier said. “Such a crass violation of free and democratic values must not be repeated.”

Bush approved the program through a covert finding in 2002 but wasn’t briefed by the CIA on the details until 2006. Obama banned waterboarding, weeks of sleep deprivation and other tactics, yet other aspects of Bush’s national security policies remain, most notably the U.S. detention center at Guantanamo Bay, Cuba, and sweeping government surveillance programs.

U.S. officials have been tried in absentia overseas before.

Earlier this year, Italy’s highest court upheld guilty verdicts against the CIA’s former Rome station chief Jeff Castelli and two others identified as CIA agents in the 2003 extraordinary rendition kidnapping of an Egyptian terror suspect. The decision was the only prosecution to date against the Bush administration’s practice of abducting terror suspects and moving them to third countries that permitted torture.

All three had been acquitted in the original trial due to diplomatic immunity. They were among 26 Americans, mostly CIA agents, found guilty in absentia of kidnapping Milan cleric Osama Moustafa Hassan Nasr from a Milan street on Feb. 17, 2003.

In Geneva last month, a U.N. anti-torture panel said the U.S. government is falling short of full compliance with the international anti-torture treaty. It criticized U.S. interrogation procedures during the Bush administration and called on the U.S. government to abolish the use of techniques that rely on sleep or sensory deprivation.

The word “torture,” meanwhile, wasn’t mentioned in U.S. Ambassador Samantha Power’s statement Wednesday for Human Rights Day in which she criticized countries including North Korea and South Sudan.


Eric Tucker in Washington and Cara Anna at the United Nations contributed to this report.

Filed Under: Human Rights Tagged With: CIA, GUANTANAMO, Guantánamo Bay, ICC, TORTURE, UN, United States, USA, Waterboarding

Beatings, waterboarding, insects: CIA's cruel interrogation methods

December 10, 2014 by Nasheman

(Image: Witness Against Torture/flickr)

(Image: Witness Against Torture/flickr)

Washington: Sleep deprivation for over a week, beatings, shackling, and waterboarding – a grim litany of the cruel methods used by the Bush-era CIA to interrogate al Qaeda terror suspects was exposed in a report on Tuesday.

The shocking report released by the US Senate found that the techniques employed by the Central Intelligence Agency were “far more brutal” than the spy agency had previously admitted to.

Al Qaeda and Taliban detainees in orange jumpsuits sit in a holding area under the surveillence of US military police at Camp X-Ray at Naval Base Guantanamo Bay, Cuba. (AFP Photo)

It was drawn up over several years by the Senate intelligence committee, which revealed such techniques were applied with “significant repetition for days or weeks at a time” on prisoners rounded up in the “war on terror” launched after the 2001 terror attacks on the United States.

The worst treatment was meted out at a secret CIA detention site dubbed COBALT where “unauthorized” interrogation techniques were used in 2002.

Slaps and ‘wallings’

Beginning with the CIA’s first high-value al Qaeda detainee Abu Zubaydah, suspects were routinely slammed against a wall by their interrogators and hit with rolled-up towels.

Facial slaps, or “insults,” as well as stomach punches were also used.

The interrogators also used “attention grasps” in which the prisoner is grabbed with both hands, one on each side of the collar and pulled towards the interrogator.

Sleep deprivation

This involved keeping detainees awake for up to 180 hours, or more than a week, usually standing or in stress positions, sometimes with their hands shackled above their heads, chained to the ceiling.

Abu Zubaydah was kept in an all-white room that was lit 24 hours a day. Or he was kept awake by non-stop questioning.

At least five detainees suffered “disturbing hallucinations” but in at least two cases the CIA continued with the interrogation method.

Confinement and isolation

Over 20 days, Abu Zubaydah spent 266 hours (11 days, 2 hours) in a large coffin-size box, and 29 hours in an even smaller one during his interrogation at what was dubbed Detention Site Green.

In the COBALT facility, dubbed a “dungeon” by the chief of interrogations, prisoners were kept in complete darkness, often shackled with their hands above their heads and mainly nude.

They were bombarded with loud music and noise and given a bucket as a toilet. In 2002 a prisoner who had been partially nude and chained to a concrete floor died of suspected hypothermia.

Ice water baths or showers were also used to try to break suspects.

Some detainees were also forced to wear diapers, although guidelines said they could not be left on longer than 72 hours.

‘Rough takedowns’

This was used at the COBALT facility. About five CIA agents would scream at a detainee, drag him outside his cell, cut his clothes off and wrap him in duct tape.

He would then be hooded and dragged up and down a dirt hallway while being slapped and punched.

After his death at the COBALT site, Gul Rahman was found to have been covered with bruises and abrasions on his shoulders, pelvis, arms, legs and face.

Nudity

Prisoners were often stripped and left nude in their cells. Zubaydah was kept naked but given a towel to cover himself during interrogations. Abd al-Rahim al-Nashiri, the alleged mastermind of the 2000 attack on the USS Cole, was often naked during his grillings. But at one point he was given clothes when he was wracked by shivering due to a head-cold.

Psychological threats

CIA officers regularly threatened the detainees. One was told he would only leave the facility in “a coffin-shaped box.”

At least three detainees were told the CIA would hurt their families, including their children.
There was a threat to sexually abuse the mother of one, while another was told his mother’s throat would be cut. The methods were supposed to ensure prisoners developed a sense of “Learned helplessness.”

Nashiri was blindfolded and a pistol was placed near his head, while a CIA officer also operated a cordless drill near his body in a macabre game of Russian roulette.

Forced rectal feeding

At least five prisoners were subjected to “rectal rehydration or rectal feeding without documented medical necessity,” the report said.

Other detainees were given a liquid diet of protein drinks known as Ensure “as a means of limiting vomiting during waterboarding.”

Waterboarding

In this technique of previously described “near drownings,” the detainee was bound to an inclined bench with his feet usually raised.

A cloth is placed over the forehead and eyes and water is then poured in a controlled way onto the clothing. The cloth is then lowered over the nose and mouth.

Once the cloth is saturated, the prisoner’s flow of air is restricted for up to 40 seconds while the cloth is left in place over the nose and mouth.

The self-confessed mastermind of the 9/11 attacks, Khalid Sheikh Mohammed, is known to have been waterboarded 183 times.

In March 2003 he was subjected to five waterboard sessions over 25 hours.

“The waterboarding technique was physically harmful, inducing convulsions and vomiting,” the report said.

Insects

In July 2002, the attorney general verbally approved putting Zubaydah in a box with an non-stinging insect because he is afraid of them. It was not clear from Tuesday’s summary though if this technique was actually used.

Spy agency faces backlash

US President Barack Obama declared some of the past practices to be “brutal, and as I’ve said before, constituted torture in my mind. And that’s not who we are,” he told the Spanish-language TV network Telemundo in an interview.

Obama said releasing the report was important “so that we can account for it, so that people understand precisely why I banned these practices as one of the first acts I took when I came into office, and hopefully make sure that we don’t make those mistakes again.”

Republican Senator John McCain, tortured in Vietnam as a prisoner of war, was out of step with some fellow Republicans in welcoming the report and endorsing its findings.

“We gave up much in the expectation that torture would make us safer,” he said in a Senate speech. “Too much.”

Five hundred pages were released, representing the executive summary and conclusions of a still-classified 6,700-page full investigation.

Sen. Dianne Feinstein, the Democratic committee chairman whose staff prepared the summary, branded the findings a stain on US history.

“Under any common meaning of the term, CIA detainees were tortured,” she declared, commanding the Senate floor for an extended accounting of the techniques identified in the investigation.

In a statement, CIA Director John Brennan said the agency made mistakes and has learned from them.

But he also asserted the coercive techniques “did produce intelligence that helped thwart attack plans, capture terrorists and save lives.”

In Geneva, the United Nations’ special rapporteur on human rights and counter-terrorism, Ben Emmerson, said, the report confirms “that there was a clear policy orchestrated at a high level within the Bush administration, which allowed to commit systematic crimes and gross violations of international human rights law.”

He said international law prohibits the granting of immunity to public officials who have engaged in acts of torture, including both the actual perpetrators and senior government officials who authorized the policies. “The individuals responsible for the criminal conspiracy revealed in today’s report must be brought to justice, and face criminal penalties commensurate with the gravity of their crimes.”

The report, released after months of negotiations with the administration about what should be censored, was issued as US embassies and military sites worldwide strengthened security in case of an anti-American backlash.

The US embassies in Afghanistan, Pakistan and Thailand warned of the potential for anti-American protests and violence after the release of the Senate report. The embassies also advised Americans in the three countries to take appropriate safety precautions, including avoiding demonstrations.

(AFP)

Filed Under: Human Rights Tagged With: CIA, GUANTANAMO, Guantánamo Bay, TORTURE, United States, USA, Waterboarding

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