Showing posts with label extraordinary rendition. Show all posts
Showing posts with label extraordinary rendition. Show all posts

Monday, April 27, 2009

New Evidence of Torture Prison in Poland

The control tower in Szymany, Poland. Journalist Mariusz Kowalweski with the newspaper Rzeczpospolita claims he is certain there was a CIA prison near the airport. The paper also reported that the Polish intelligence agency made 20 of its agents available to the CIA, something that a former CIA operative has confirmed to SPIEGEL.

Der Spiegel reports:
The current debate in the US on the "special interrogation methods" sanctioned by the Bush administration could soon reach Europe. It has long been clear that the CIA used the Szymany military airbase in Poland for extraordinary renditions. Now there is evidence of a secret prison nearby.

Only a smattering of clouds dotted the sky over Szymany on March 7, 2003, and visibility was good. A light breeze blew from the southeast as a plane approached the small military airfield in northeastern Poland, and the temperature outside was 2 degrees Celsius (36 degrees Fahrenheit). At around 4:00 p.m., the Gulfstream N379P -- known among investigators as the "torture taxi" -- touched down on the landing strip.

On board was the most important prisoner the US had been able to produce in the war on terror: Khalid Sheikh Mohammed, the architect of the 9/11 attacks on New York and Washington, also known as "the brains" behind al-Qaida. This was the man who had presented Osama bin Laden with plans to attack the US with commercial jets. He personally selected the pilots and supervised preparations for the attacks. Eighteen months later, on March 1, 2003, Sheikh Mohammed was captured in Rawalpindi, Pakistan by US Special Forces and brought to Afghanistan two days later. Now the CIA was flying him to a remote area in Poland's Masuria region. The prisoner slept during the flight from Kabul to Szymany, for the first time in days, as he later recounted:
"My eyes were covered with a cloth tied around my head. A cloth bag was then pulled over my head. … I fell asleep. ... I therefore don't know how long the journey lasted."

Jerry M., age 56 at the time, probably sat at the controls of the plane chartered by the CIA. The trained airplane and helicopter pilot had been hired by Aero Contractors, a company that transferred prisoners around the world for US intelligence agencies. According to documents from the European aviation safety agency Eurocontrol, Jerry M. had taken off from Kabul at 8:51 a.m. that morning. Only hours after landing in Poland, at 7:16 p.m., he took off again, headed for Washington.

A large number of Polish and American intelligence operatives have since gone on record that the CIA maintained a prison in northeastern Poland. Independent of these sources, Polish government officials from the Justice and Defense Ministry have also reported that the Americans had a secret base near Szymany airport. And so began on March 7, 2003 one of the darkest chapters of recent American -- and European -- history.

Obama Under Pressure

It was apparently here, just under an hour's drive from Szymany airport, that Sheikh Mohammed was tortured, exactly 183 times with waterboarding -- an interrogation technique that simulates the sensation of drowning -- in March, 2003 alone. That averages out to eight times a day. And all of this happened right here in Europe.

Over six years later, these acts of torture are putting the new US president, Barack Obama, under intense pressure. On the one hand, he released four memos in which his predecessor George W. Bush had legalized such interrogation methods. On the other hand, he decided not to prosecute the torturers. And he initially neglected to launch investigations into these "special interrogation methods."

It is the decision that has earned Obama the harshest criticism during the first 100 days of his presidency. Democrats from the Senate and the House of Representatives announced last week that they would form a truth commission, essentially putting them at odds with their own president. Obama quickly realized that he had apparently underestimated the volatile nature of the issue. So he had US Attorney General Eric Holder announce that no one stood above the law. Holder promised that an investigation would be conducted to find out who in the White House and the Justice Department had declared these methods legal.

What the CIA did back then to prisoners in the Polish military airbase of Stare Kiejkuty, north of Szymany, had been authorized by the president. According to witnesses, Stare Kiejkuty housed a secret CIA prison for "high value detainees" -- for the most prominent prisoners of the war on terror.

There is now no doubt that the Gulfstream N379P landed at least five times at Szymany between February and July, 2003. Flight routes were manipulated and falsified for this purpose and, with the knowledge of the Polish government, the European aviation safety agency Eurocontrol was deliberately deceived.

The public prosecutor's office in Warsaw has the statement of a witness who described how people wearing handcuffs and blindfolds were led from the aircraft at Szymany. He said that this happened far away from the control tower. According to the witness, it was always the same individuals and the same civilian vehicles that stood waiting on the landing field.

If we are to believe the statements of Sheikh Mohammed, a large number of those present at the small airfield wore ski masks. This is what he told a delegation from the International Committee of the Red Cross that questioned him in the US military prison at Guantanamo, Cuba in late 2006:

"On arrival the transfer from the airport to the next place of detention took about one hour. I was transported sitting on the floor of a vehicle. I could see at one point that there was snow on the ground. Everybody was wearing black, with masks and army boots, like Planet-X people."

Just under an hour's drive corresponds roughly to the distance from Szymany to the Stare Kiejkuty military base, known as a training camp for Polish intelligence agents. The route there passes for two kilometers through a fenced-off military zone, past dense pine forests, then heads northeast for 20 minutes, and finally leads over an unpaved road alongside a lake. The entrance to the base is at the end of this road.

'I Was Never Threatened with Death'

Sheikh Mohammed said that they cut the clothes from his body, photographed him naked and threw him in a three-by-four-meter (10 x 13 ft) cell with wooden walls. That was when the hardest phase of the interrogating began, he claims. According to Sheikh Mohammed, one of his interrogators told him that they had received the green light from Washington to give him a "hard time":

"They never used the word 'torture' and never referred to 'physical pressure,' only to 'a hard time.' I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the 'verge of death and back again.'"

He says he was questioned roughly eight hours a day. He spent the first month naked and standing, with his hands chained to the ceiling of the cell, even at night. They led them into another room for questioning, he says. That's where the bed stood that he says he was strapped to for waterboarding. The mastermind behind the 9/11 attacks told members of the Red Cross that he eventually realized where he was being held:
"I think the country was Poland. I think this because on one occasion a water bottle was brought to me without the label removed. It had an e-mail address ending in '.pl'. The central-heating system was an old-style one that I would expect only to see in countries of the former communist system."
Thereafter, the al-Qaida operative described how he was strapped to a special bed and submitted to waterboarding:

"Cold water from a bottle that had been kept in the fridge was then poured onto the cloth by one of the guards so that I could not breathe. This obviously could only be done for one or two minutes at a time. The cloth was then removed and the bed put into a vertical position. The whole process was then repeated during about an hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe."

Part 2: Investigations across Europe

For more than a year now, Warsaw public prosecutor Robert Majewski has been investigating former Polish Prime Minister Leszek Miller's government on allegations of abuse of office. At issue is whether sovereignty over Polish territory was relinquished, and whether former Polish President Aleksander Kwasniewski and his left-leaning Social Democratic government gave the CIA free reign over sections of the Stare Kiejkuty military base for the agency's extraterritorial torture interrogations.

Majewski has questioned a large number of witnesses who worked in the former government, and this year his team even plans to fly to Guantanamo. "No European country is so sincerely and vigorously investigating former members of the government as is currently the case in Poland," says Wolfgang Kaleck from the European Center for Constitutional and Human Rights in Berlin, which supports the investigations.

The public prosecutor's office has also launched a probe to determine whether the Polish intelligence agency made 20 of its agents available to the CIA, as was recently reported by the conservative Polish daily newspaper Rzeczpospolita. A former CIA official confirmed this information to SPIEGEL. There was reportedly a document issued by the intelligence agency that mentioned both the 20 Polish agents and the transfer of the military base to the Americans. Two members of a parliamentary investigative committee in Warsaw had an opportunity to view this document in late 2005, but it has since disappeared.

The Missing Piece of Evidence

Journalist Mariusz Kowalewski at Rzeczpospolita and two colleagues have been searching for months now for proof of the existence of a secret CIA base in Poland. The journalists have discovered flight record books from Szymany that had been declared lost, and based on refueling receipts and currency exchange rates, they have reconstructed flights and routes, and spoken with informants. Over the past few weeks, their newspaper and the television network TVP Info have revealed new details on an almost daily basis.

Kowalewski has collected a wide range of documents on his white Apple laptop. He is convinced, though, that he only knows "a fraction of what actually happened." He is certain that there was a CIA base in the Masuria region, where high-ranking al-Qaida prisoners were brought. All that is missing is the final piece of evidence. There are rumors circulating that one of the most important interrogators of Sheikh Mohammed, an American named Deuce Martinez -- the man who didn't torture him, but rather had the task of gently coaxing information out of him -- was in Poland at the time. That is the proof that's still missing.

Similar conclusions were reached by the second investigative report on CIA kidnappings in Europe, which was submitted two years ago by the special investigator of the Council of Europe, Dick Marty. (Eds: The Council of Europe is an international organization and watchdog for human rights in a total of 47 states in the European region.) According to Marty's report, members of the former Polish military intelligence and counterintelligence agency, WSI, were given positions with the border police, customs and airport administration to safeguard the activities of the CIA. "The latest revelations in Poland fully corroborate my evidence, which is based on testimony by insiders and documents that have been leaked to me," says the investigator today. Now, under the "dynamic force of the truth" that Obama has unleashed, Marty says that Europeans must finally reveal "which governments tolerated and supported the illegal practices of the CIA."

All that remains is the question of who in Poland at the time approved the collaboration with the CIA and gave the Americans unencumbered use of sections of Stare Kiejkuty.

"The order to give the CIA everything they needed came from the very top, from the president," a member of the Polish military intelligence agency told the Marty team in 2007. Kwasniewski denies this. He says that there was close intelligence corporation with the US, but no prisons on Polish soil. When asked to comment on the reports, former Prime Minister Miller said: "All of this is just another opportunity for me to say that I have nothing to say."

It's very possible that the debate on torture and responsibility which is currently being conducted in the US will soon also reach Europe. After all, Germany granted the US flyover rights and dropped its bid to extradite 13 CIA operatives in the case of Khalid el-Masri, a German citizen who claims he was abducted by the Americans. The Italian intelligence agency allegedly assisted the CIA with the kidnapping in Milan of the Islamic cleric Abu Omar. Britain's intelligence agency, MI6, reportedly delivered information directly to CIA agents who were conducting interrogations in Morocco. And there are also reports of a secret prison in Romania. Investigations have been launched into these allegations in nearly all of these countries.

Jerry M., the pilot who flew Sheikh Mohammed from Kabul to Szymany in March, 2003, now lives in Birmingham, Alabama, in a brick house with white shutters and box trees planted in front of the door. Two stone lions guard the path that leads to the entrance. For two years, Jerry M. only had a post box address, like everyone else who flew CIA prisoners around the world: P.O. Box 22 99 43, code name Jerry Allen Bostick.

It appears the 62-year-old would rather deny all knowledge of this period in his life. When the SPIEGEL asked him over the phone if he had ever been to Poland, he said, "I have no idea what you're talking about. Really no idea." When he was asked if he had ever worked for a company named Aero Contractors, the line suddenly went dead. Jerry M. had hung up.

Sunday, March 04, 2007

Our 'Do Nothing'- Democrats in Control of Congress

As senators are only now learning, the Bush administration slipped legislation into the bill to reauthorize the Patriot Act that lets Bush appoint U.S. attorneys without having to have them confirmed by the Senate. Senators would have discovered this before they voted on the reauthorization last year had they been doing their jobs and read the damned thing!

How many other time bombs have Republicans planted in six years of legislation, with the Democrats asleep at the wheel?

How many times do Democrats have to be told, "Yes, Republicans really, really are not your friends, they have to be watched every minute, and it's YOUR job to do it!"?

Did you catch Barney Frank on Bill Maher?







Barney Frank didn't vote yes on going to war with Iraq or on any bills to fund it. He knew that this was a lying administration and he didn't believe anything coming out of it. He doesn't have any sympathy for his colleagues in Congress who say they were taken in by the Bush administration; if he knew what Bush-Cheney were about, and the Democratic party's base knew what Bush-Cheney were about, why didn't they?

It's a great question. An even better question is, "What keeps Democrats in Congress from doing the right thing now?"

In Bob Woodward's book, "State of Denial," all of the classified intelligence that was available to Bush was made available to all members of Congress. All they had to do was go to a guarded room at the Capitol to see the files. Very few did.

I've been trying to find out for months who did and who didn't, with no success.

The old days of collegial fraternity in Congress are over. Forever. This is not an anomaly. These are not just the usual political dirty tricks, Donald Seghretti-style rat-fucking, "all's fair" kind of tactics.

Out of Watergate came a group of very angry and cunning young men who were willing to go beyond the line of ethical limits. And they were also willing to wait, to spend a couple of decades, if need be, preparing for a revolution that would keep them in power for generations. Once a Lee Atwater arrives in politics, there are a dozen others who will (and did) study at his knee, and build upon what they learned. If Karl Rove were to disappear tomorrow, his spawn would just pick up where he left off. As a matter of fact, a Rove aide (Tim Griffin) was given the job of one of the fired U.S. attorneys.

That is the problem with memes: Once they are launched, they're out of your control and you can never tell how they will permutate a system.

Unfortunately, the Democrats in office today just don't understand that. They stand around looking stupefied as Bush-Cheney ignore them. If it's not Bush's signing statements, it's the Democrats rendering themselves irrelevant (Pelosi assuring Bush that there will be no impeachment inquiry, a non-binding resolution on the war in Iraq).

I can envision Bush-Cheney, after the vote on the reauthorization of the Patriot Act, laughing themselves silly over the fact that the Democrats rendered themselves irrelevant by voting yes. "We can replace any U.S. attorney and they can't stop it. All we had to do was challenge their patriotism in the media to bully them into voting yes. They're scared to death to vote no - we could slip in an authorization to attack Iran, N. Korea, France, and they wouldn't even know it because they don't read the bills! There's no law that requires us to disclose what's in the bill: Caveat emptor!" Talk about your dilletantes.

We've got bigger troubles than Bush-Cheney and Republicans - We've got a lot of dead wood in office, Democrats, who need clearing out.

As Democratic Senators make noise about rescinding only that portion of the Patriot Act which allows the Executive branch to replace U.S. attorneys without Senate confirmation, the NYT reminds us of what else the Democratically-controlled Congress needs to rescind:
The Bush administration’s assault on some of the founding principles of American democracy marches onward despite the Democratic victory in the 2006 elections. The new Democratic majorities in Congress can block the sort of noxious measures that the Republican majority rubber-stamped. But preventing new assaults on civil liberties is not nearly enough.

Five years of presidential overreaching and Congressional collaboration continue to exact a high toll in human lives, America’s global reputation and the architecture of democracy. Brutality toward prisoners, and the denial of their human rights, have been institutionalized; unlawful spying on Americans continues; and the courts are being closed to legal challenges of these practices.

It will require forceful steps by this Congress to undo the damage. A few lawmakers are offering bills intended to do just that, but they are only a start. Taking on this task is a moral imperative that will show the world the United States can be tough on terrorism without sacrificing its humanity and the rule of law.

Today we’re offering a list — which, sadly, is hardly exhaustive — of things that need to be done to reverse the unwise and lawless policies of President Bush and Vice President Dick Cheney. Many will require a rewrite of the Military Commissions Act of 2006, an atrocious measure pushed through Congress with the help of three Republican senators, Arlen Specter, Lindsey Graham and John McCain; Senator McCain lent his moral authority to improving one part of the bill and thus obscured its many other problems.

Our list starts with three fundamental tasks:

Restore Habeas Corpus

One of the new act’s most indecent provisions denies anyone Mr. Bush labels an “illegal enemy combatant” the ancient right to challenge his imprisonment in court. The arguments for doing this were specious. Habeas corpus is nothing remotely like a get-out-of-jail-free card for terrorists, as supporters would have you believe. It is a way to sort out those justly detained from those unjustly detained. It will not “clog the courts,” as Senator Graham claims. Senator Patrick Leahy of Vermont, the Democratic chairman of the Judiciary Committee, has a worthy bill that would restore habeas corpus. It is essential to bringing integrity to the detention system and reviving the United States’ credibility.

Stop Illegal Spying

Mr. Bush’s program of intercepting Americans’ international calls and e-mail messages without a warrant has not ceased. The agreement announced recently — under which a secret court supposedly gave its blessing to the program — did nothing to restore judicial process or ensure that Americans’ rights are preserved. Congress needs to pass a measure, like one proposed by Senator Dianne Feinstein, to force Mr. Bush to obey the law that requires warrants for electronic surveillance.

Ban Torture, Really

The provisions in the Military Commissions Act that Senator McCain trumpeted as a ban on torture are hardly that. It is still largely up to the president to decide what constitutes torture and abuse for the purpose of prosecuting anyone who breaks the rules. This amounts to rewriting the Geneva Conventions and puts every American soldier at far greater risk if captured. It allows the president to decide in secret what kinds of treatment he will permit at the Central Intelligence Agency’s prisons. The law absolves American intelligence agents and their bosses of any acts of torture and abuse they have already committed.

Many of the tasks facing Congress involve the way the United States takes prisoners, and how it treats them. There are two sets of prisons in the war on terror. The military runs one set in Iraq, Afghanistan and Guantánamo Bay. The other is even more shadowy, run by the C.I.A. at secret places.

Close the C.I.A. Prisons

When the Military Commissions Act passed, Mr. Bush triumphantly announced that he now had the power to keep the secret prisons open. He cast this as a great victory for national security. It was a defeat for America’s image around the world. The prisons should be closed.

Account for ‘Ghost Prisoners’

The United States has to come clean on all of the “ghost prisoners” it has in the secret camps. Holding prisoners without any accounting violates human rights norms. Human Rights Watch says it has identified nearly 40 men and women who have disappeared into secret American-run prisons.

Ban Extraordinary Rendition

This is the odious practice of abducting foreign citizens and secretly flying them to countries where everyone knows they will be tortured. It is already illegal to send a prisoner to a country if there is reason to believe he will be tortured. The administration’s claim that it got “diplomatic assurances” that prisoners would not be abused is laughable.

A bill by Representative Edward Markey, Democrat of Massachusetts, would require the executive branch to list countries known to abuse and torture prisoners. No prisoner could be sent to any of them unless the secretary of state certified that the country’s government no longer abused its prisoners or offered a way to verify that a prisoner will not be mistreated. It says “diplomatic assurances” are not sufficient.


Congress needs to completely overhaul the military prisons for terrorist suspects, starting with the way prisoners are classified. Shortly after 9/11, Mr. Bush declared all members of Al Qaeda and the Taliban to be “illegal enemy combatants” not entitled to the protections of the Geneva Conventions or American justice. Over time, the designation was applied to anyone the administration chose, including some United States citizens and the entire detainee population of Gitmo.

To address this mess, the government must:

Tighten the Definition of Combatant

“Illegal enemy combatant” is assigned a dangerously broad definition in the Military Commissions Act. It allows Mr. Bush — or for that matter anyone he chooses to designate to do the job — to apply this label to virtually any foreigner anywhere, including those living legally in the United States.

Screen Prisoners Fairly and Effectively

When the administration began taking prisoners in Afghanistan, it did not much bother to screen them. Hundreds of innocent men were sent to Gitmo, where far too many remain to this day. The vast majority will never even be brought before tribunals and still face indefinite detention without charges.

Under legal pressure, Mr. Bush created “combatant status review tribunals,” but they are a mockery of any civilized legal proceeding. They take place thousands of miles from the point of capture, and often years later. Evidence obtained by coercion and torture is permitted. The inmates do not get to challenge this evidence. They usually do not see it.

The Bush administration uses the hoary “fog of war” dodge to justify the failure to screen prisoners, saying it is not practical to do that on the battlefield. That’s nonsense. It did not happen in Afghanistan, and often in Iraq, because Mr. Bush decided just to ship the prisoners off to Gitmo.

Prisoners designated as illegal combatants are subject to trial rules out of the Red Queen’s playbook. The administration refuses to allow lawyers access to 14 terrorism suspects transferred in September from C.I.A. prisons to Guantánamo. It says that if they had a lawyer, they might say that they were tortured or abused at the C.I.A. prisons, and anything that happened at those prisons is secret.

At first, Mr. Bush provided no system of trial at the Guantánamo camp. Then he invented his own military tribunals, which were rightly overturned by the Supreme Court. Congress then passed the Military Commissions Act, which did not fix the problem. Some tasks now for Congress:

Ban Tainted Evidence

The Military Commissions Act and the regulations drawn up by the Pentagon to put it into action, are far too permissive on evidence obtained through physical abuse or coercion. This evidence is unreliable. The method of obtaining it is an affront.

Ban Secret Evidence

Under the Pentagon’s new rules for military tribunals, judges are allowed to keep evidence secret from a prisoner’s lawyer if the government persuades the judge it is classified. The information that may be withheld can include interrogation methods, which would make it hard, if not impossible, to prove torture or abuse.

Better Define ‘Classified’ Evidence

The military commission rules define this sort of secret evidence as “any information or material that has been determined by the United States government pursuant to statute, executive order or regulation to require protection against unauthorized disclosure for reasons of national security.” This is too broad, even if a president can be trusted to exercise the power fairly and carefully. Mr. Bush has shown he cannot be trusted to do that.

Respect the Right to Counsel

Soon after 9/11, the Bush administration allowed the government to listen to conversations and intercept mail between some prisoners and their lawyers. This had the effect of suspending their right to effective legal representation. Since then, the administration has been unceasingly hostile to any lawyers who defend detainees. The right to legal counsel does not exist to coddle serial terrorists or snarl legal proceedings. It exists to protect innocent people from illegal imprisonment.

Beyond all these huge tasks, Congress should halt the federal government’s race to classify documents to avoid public scrutiny — 15.6 million in 2005, nearly double the 2001 number. It should also reverse the grievous harm this administration has done to the Freedom of Information Act by encouraging agencies to reject requests for documents whenever possible. Congress should curtail F.B.I. spying on nonviolent antiwar groups and revisit parts of the Patriot Act that allow this practice.

The United States should apologize to a Canadian citizen and a German citizen, both innocent, who were kidnapped and tortured by American agents.

Oh yes, and it is time to close the Guantánamo camp. It is a despicable symbol of the abuses committed by this administration (with Congress’s complicity) in the name of fighting terrorism.


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