Posts filed under 'CIA'

Torture Accountability After All?

Those of us who opposed the Bush administration torture program have been demoralized by the lack of accountability for the numerous abuses committed as part of that program. President Obama decried torture, and said he would end it, but he also said he wanted to “look forward, not back,” apparently precluding investigations of the abuses committed by the previous administration.

The Obama administration has not merely refused to initiate criminal investigations of those who approved and ordered the Bush-Cheney torture program. They have declined even to support a Commission of Inquiry to explore what happened in a non-judicial forum. Further, the administration used every legal tool available – including spurious arguments about national security in US courts and diplomatic pressure on foreign governments – to stymie efforts at accountability through ethics complaints, domestic civil trials, and foreign criminal cases for the crimes committed by predecessors.

Over the last few years, as one avenue of accountability after another was closed, it looked as if the torture program would be protected as carefully by the Obama administration as it was by the Bush administration. The result, many feared, was that torture would remain an available tool of the state, to be dragged out by future administrations who could cite the lack of accountability for Bush torture by a Democratic administration as evidence of a bipartisan consensus that torture really isn’t that bad. Many human rights experts have argued that future courts, too, could view the current lack of accountability as a legal precedent, potentially further shielding future torturers.

The one avenue for accountability that wasn’t closed by the Obama administration was the investigation by Department of Justice prosecutor John Durham. Durham, readers may recall, was the Federal prosecutor originally tasked to investigate the destruction of CIA interrogation videotapes in apparent violation of a court order. In 2009 Attorney General Eric Holder expanded Durham’s mandate to include investigating incidents of detainee treatment that went beyond even those actions approved under the so-called “torture memos” of the Bush Justice Department.

Durham’s expanded investigation has dragged on for two years with little visibility, except for his declaration in January that he would not indict anyone for the destruction of the interrogation videotapes. Many in the human rights community took the lack of indictments in the tapes case as an indication that Durham would ultimately decline to prosecute anyone, thus closing yet another avenue for possible accountability.

The pro-torture party of former Bush officials and right-wing pundits who defended the “enhanced interrogation” torture program at every opportunity did not appear as convinced as human rights advocates that Durham’s investigation would ultimately turn into a paper tiger. In the aftermath of the Bin Laden raid, they repeatedly harped on two issues. First, they vociferously claimed, using patently absurd arguments, that Bin Laden’s death showed that torture “worked.” Second, they frantically demanded that Durham’s investigation be called off.

It now appears that the pro-torture party may have recognized the implications of Durham’s investigation better than did most human rights advocates. On Monday, Adam Zagorin reported in TIME that Durham was in the process of actively investigating the murder of Manadel al-Jamadi, the Iraqi general whose frozen, brutally abused body appeared in the Abu Ghraib photographs. While al-Jamadi’s death had earlier been ruled a homicide, the Justice Department had taken no action. But Zagorin reports that Durham is now presenting evidence to a grand jury on the Jamadi case. And he apparently has his eyes on a possible perpetrator:

Perhaps most important, according to someone familiar with the investigation, Durham and FBI agents have said the probe’s focus involves “a specific civilian person.” Durham didn’t name names, but those close to the case believe that person is Mark Swanner, a non-covert CIA interrogator and polygraph expert who questioned al-Jamadi immediately before his death.

Also important is that Zagorin has a copy of a subpoena from the investigation that suggests that Durham may be looking beyond al-Jamadi:

TIME has obtained a copy of a subpoena signed by Durham that points to his grand jury’s broader mandate, which could involve charging additional CIA officers and contract employees in other cases. The subpoena says “the grand jury is conducting an investigation of possible violations of federal criminal laws involving War Crimes (18 USC/2441), Torture (18 USC 243OA) and related federal offenses.”

Thus, this investigation may be the beginning of a broader investigation of “CIA officers and contract employees.” One wonders if the CIA’s torture psychologist contractors James Mitchell and Bruce Jessen may be among Durham’s targets. This seems plausible since — based on later torture memos — their waterboarding and other “enhanced interrogation” tactics went, well beyond those authorized at the time in their intensity and longevity, providing potential liability under Durham’s mandate.

If Mitchell and Jessen are indeed targets, that could well explain the near panic of the torture defenders when they refer to the Durham investigation. These former officials and their apologists may be worried that an investigation into the actions of Mitchell and Jessen will go higher up the chain of command. Reportedly, everything done in the secret CIA prisons was approved in Washington, sometimes even in the White House. And, as Watergate demonstrated, investigations, once started, can sometimes climb the command chain to the very top.

There are no certainties in human rights work. But this latest news about Durham’s investigation is a rare bright spot in an otherwise bleak picture of continued abuses and absent accountability. It now appears possible that we might have some torture accountability after all.

 

June 13th, 2011

McCain condemns “enhanced interrogation techniques”

The anti-torture John McCain makes a return in the Senate as he takes on those claiming that torture was critical in locating bin Laden:

Ultimately, this is about morality.

Also read McCain’s op ed in the Washington Post: Bin Laden’s death and the debate over torture. See also Greg Sargent’s comments here and emptywheel’s comments on the response of the Torture Party to McCain.

1 comment May 13th, 2011

Veteran Army Interrogators: Torture doesn’t work. Torture is wrong. Torture helps the enemy.

In my years in the antitorture movement, one of the most moving experience has been getting to know military interrogators, military intelligence professionals, JAGS, and  other military members who struggled to behave honorably, often at great personal cost, even when they served an administration that promoted torture and when the American public became convinced by politicians, pundits, and the media that torture was both right and necessary. Below is a recent statement by a veteran Army interrogator and interrogation instructor, 1LT(P) Marcus Lewis, who reminds his fellow interrogators of the folly of the torture promoters. Torture neither “works” nor is it moral, he reminds them.

Lewis is not alone among experienced interrogators. One of the sad facts is that when the Bush administration and the CIA were creating the torture program they ignored the opinions of experienced interrogators, preferring instead the views of psychologists without any actual interrogation experience. What they got as a result was not an effective strategy for obtaining accurate intelligence, but a program that could effectively get prisoners to say what they believed their torturers wanted to hear. The fact that occasionally a tortured soul uttered a morsel of true information is no more an argument that torture is effective than the fact that I once caught a sunfish with an empty hook proves that fishing without bait is an effective fishing strategy.

Forbes today has an article describing the similar views of an interrogator currently serving in Afghanistan:

A top United States interrogator in Afghanistan says that torture played no role in locating Osama bin Laden, and that claims to the contrary by former Bush administration officials recently is “propaganda [that] degrades our intelligence operations more than any other factor I can think of.”

This interrogator, like so many others, emphasizes not only that torture doesn’t “work” and is wrong, but that it causes great harm by creating enemies:

Such talk also creates blowback — unintended consequences — that can be deadly, he added in an interview. “Simply the idea of our interrogators using torture or coercion recruits jihadists, facilitators, suppliers, supporters, and even suicide bombers, against us and our allies,” he said.

On the subject of blowback, he continued:

I cannot even count the amount of times that I personally have come face to face with detainees, who told me they were primarily motivated to do what they did, because of hearing that we committed torture. Even the rumor of torture is enough to convince an army of uneducated and illiterate, yet religiously motivated young boys to strap bombs to their chests and blow themselves up while killing whoever happens to be around – police, soldiers, civilians, women, or children. Torture committed by Americans in the past continues to kill Americans today.

This interrogator, further bemoans the way in which torture promoting pundits and media injure efforts to teach effective and ethical interrogation technique to new interrogators:

“If right-wing news outlets and partisan pundits or politicians are allowed to continue to spread their completely bogus claims that torture is effective,” he said, “then we will have corrupted the beliefs of yet another generation of new intelligence recruits….It takes months and years of ‘intervention’ to get the next generation back on the track of quality work, specialization, and intelligence dominance – not quick and easy fixes. This is not an hour-long TV show.”

Alas, it is not experienced interrogators and military intelligence personnel who need to be reminded of the folly of torture. It is new military recruits and the rest of our fellow citizens who need to hear the message of  Lt. Marcus Lewis and of the Afghan interrogator interviewed byForbes.

Here is the email by Lt. Lewis to his fellow interrogators:

Fellow Interrogators, former interrogators, and instructors,

Once again, our profession is in the spotlight. As a former interrogator and instructor, now a leader in this schoolhouse, I would feel remiss not to speak out.

In the wake of Usama Bin Laden’s death, politicians, pundits, 24-hour TV chatterboxes, and other such attention-seekers have begun again to sharpen their teeth on that debate which should never have existed in a free country like the United States: the notion that torture is justified.

Some are pointing out that one of the couriers who led us to UBL gave up this information under the stress of waterboarding. The reality is that it took us over 14 long, painful years to get Bin Laden. For at least five of those years it seems he was hiding within a stone’s throw of the Pakistani Military Academy, in an embarrassing amount of comfort for the world’s most wanted terrorist.

That it took so long from the time the alleged waterboarding-derived information was revealed, seven years ago, according to some reports, until UBL’s demise only demonstrates how extraordinarily counterproductive our overt policy of torture was. We got a name only. Perhaps had we used some of our more sophisticated approaches — our minds rather than brutality — we would have had a detainee willing to take us directly to Bin Laden.

We will never know how many lives might have been saved had we held fast to our Army values instead of flaunting them out of fear of the unknown.

I need not remind you:

This is not a subject for debate as far as you are concerned as a military intelligence professional or contractor, especially as an instructor. We do not torture. We do not teach it. There are no winks, no nods, not a scintilla of reverence for “special warfare types” who might operate outside the rules. (Truth be told, anyone who has ever worked with JSOC, CJSOTF, Ranger Bat, OGA, etc., knows they have as many or more lawyers and rules than any odd Army BCT or Marine Det., and they don’t torture.)

I need not remind you:

In World War II, our nation executed Japanese officers for water torture.

In World War II, our nation executed German officers for torture.

I need not remind you:

Torture is illegal; it is wrong; it is against military law, values, doctrine; and it is against the basic human rights we soldiers have fought and died for in centuries of service to the United States of America. We don’t teach it. We don’t do it. It is cowardly and dishonorable. Do not let the moral flexibility of the political class sway you otherwise.

We know, to be sure, our experiences as interrogators have never been without significantly emotional moments. Good HUMINTers are tough, aggressive, if need be, push the envelope, but know well where and when to draw the line. Good HUMINTers don’t need to torture. We are calm and reasonable students of human behavior who can develop rapport with a source quickly and acquire valuable intelligence information, then just as quickly put that information forward in a coherent report or use it to stage a movement to the next critical target.

Torture is antithesis of everything we are. Torture is by nature anti-rapport building. Worse, torture paints the picture of the U.S. military and its soldiers as goons and stooges, the bully-imperialists, The Great Satan, the very picture our enemies would like their followers to believe is true, and we know is false.

It was analysis, insight, and smart detective work that got Bin Laden. This same kind of thinking we try to impart upon our students in the planning and preparation, approaches, and questioning phases of interrogation training. What’s really import in interrogation? We know: Strategic thought. Psychological insight. Preparation. Analysis. Patience. Restraint. Thinking before doing or acting. Having a reason for every word said and paying attention to each word said to you, the interrogator. Tenacity. That is interrogation. It is a game of thought and mental strength, not of brutality.

The popular press and, unfortunately, many otherwise well-meaning and some not-so-well meaning politicians can be tragically ignorant of our job, more informed by Hollywood fantasy and fear of the unknown than the cold hard facts of this discipline.

I ask you as soldiers and contracted intelligence professionals first, citizens second, not to let your personal political views sway you here. Both parties in our government use this issue to raise the emotional temperature within their respective constituencies to win votes, aggrandize, and score political points. Few speak to this issue with critical thought or concern for our values.

Indeed, I have heard no political leader put forward a dispassionate and convincing argument tying the defense of this great nation to the need to torture.

Stay true to your Army values, to your training, and you can’t go wrong.

Always be an advocate for rational thinking. Reason defeats irrationality.

Do not be afraid to speak out for the honorable discipline of military interrogation, as a humane and intellectual soldier, a linguist, an intelligence professional. You alone are the expert on the nuances of tribal culture in the Jazira around Mosul. You alone delve deep into the minutia of the politics in Waziristan, know the immensely important differences between the Pashtuns and Tajik tribes, or the particular affection a Ukrainian might still have for the former Soviet Union because he was born in Odessa. You know the enemy so you can defeat the enemy.

And, foremost, you are an advocate for the humane treatment of captured enemy personnel. You conduct your affairs in a legal and honorable manner.

We do not let the chattering classes set our agenda, or the politicians who bend in whichever direction they think the wind might blow any given moment. We obey lawful orders, defend the Constitution of the United States, and put ourselves in front of the enemy to defeat him.

This great Army, and I, have your six.

Sincerely,

1LT(P) Marcus Lewis

S3, 6/98 MI BN
United States Army Interrogator, Instructor, Intelligence Analyst
Fort Devens, MA

 

3 comments May 9th, 2011

Social Engineering: Human Resources

A fascinating film by Scott Noble covering much of 20th century history from a different angle. Well worth watching in full:

Here are selected comments on the film from YouTube, including a comment I wrote when Scott sent me the film a few months ago:

http://metanoia-films.org/humanresources.php

“A viscerally overpowering film and at the same time a thoughtful meditation on the human condition.”

-Walter A. Davis, Professor Emeritus, Ohio State University

“Brilliant…Riveting…The amount of material the filmmaker covers and unifies is astounding… Human Resources diagnoses the 20th century.”

-Stephen Soldz, Professor, Boston Graduate School of Psychoanalysis;
President, Psychologists for Social Responsibility

“Powerful…Must See…It will leave you Spellbound.”

-Andrew Goliszek, Author, In the Name of Science: A History of Secret Programs, Medical Research, and Human Experimentation

“An important work…terrifiying in its implications…. Human Resources is a must see for those of us who still take democracy seriously.”

-Bruce E. Levine, Author Commonsense Rebellion: Taking Back Your Life from Drugs, Shrinks, Corporations, and a World Gone Crazy

“It scared the shit out of me…A powerful and methodical dissection of the dominant culture.”

-Derrick Jensen, Author, Endgame

“A masterful examination of the mechanization of human existence… It is a rare occasion when watching a film can help open not only our eyes, but our minds.”

-Andrew Marshall, Centre for Research on Globalization

“A Masterpiece. Unless you weep, you may be damaged by this film. Viewer discretion, and love, advised.
-David Ker Thomson, Professor, Language and Thinking Program at Bard College

“Scott Noble’s work is a pioneering development in documentary filmmaking in its content,documentary technique, and even distribution method. Watch his stuff, use it, and build on it.”

-Chris Simpson, Professor, School of Communication, American University


Please also visit my good friend Kenneth’s truth blog: http://killtheempire.blogspot.com/

Peace&Love
God bless
-Christopher

May 8th, 2011

Torture interfered with getting bin Laden

Dan Froomkin at Huffington Post has another major article patiently explaining why the torture apologists are completely wrong about finding bin Laden: the torture made it harder:

Torture May Have Slowed Hunt For Bin Laden, Not Hastened It

By Dan Froomkin

Torture apologists are reaching precisely the wrong conclusion from the back-story of the hunt for Osama bin Laden, say experienced interrogators and intelligence professionals.

Defenders of the Bush administration’s interrogation policies have claimed vindication from reports that bin Laden was tracked down in small part due to information received from brutalized detainees some six to eight years ago.

But that sequence of events — even if true — doesn’t demonstrate the effectiveness of torture, these experts say. Rather, it indicates bin Laden could have been caught much earlier had those detainees been interrogated properly.

“I think that without a doubt, torture and enhanced interrogation techniques slowed down the hunt for bin Laden,” said an Air Force interrogator who goes by the pseudonym Matthew Alexander and located Abu Musab al-Zarqawi, the leader of al Qaeda in Iraq, in 2006.

It now appears likely that several detainees had information about a key al Qaeda courier — information that might have led authorities directly to bin Laden years ago. But subjected to physical and psychological brutality, “they gave us the bare minimum amount of information they could get away with to get the pain to stop, or to mislead us,” Alexander told The Huffington Post.

“We know that they didn’t give us everything, because they didn’t provide the real name, or the location, or somebody else who would know that information,” he said.

In a 2006 study by the National Defense Intelligence College, trained interrogators found that traditional, rapport-based interviewing approaches are extremely effective with even the most hardened detainees, whereas coercion consistently builds resistance and resentment.

“Had we handled some of these sources from the beginning, I would like to think that there’s a good chance that we would have gotten this information or other information,” said Steven Kleinman, a longtime military intelligence officer who has extensively researched, practiced and taught interrogation techniques.

“By making a detainee less likely to provide information, and making the information he does provide harder to evaluate, they hindered what we needed to accomplish,” said Glenn L. Carle, a retired CIA officer who oversaw the interrogation of a high-level detainee in 2002.

But the discovery and killing of bin Laden was enough for defenders of the Bush administration to declare that their policies had been vindicated.

Liz Cheney, daughter of the former vice president, quickly issued a statement declaring that she was “grateful to the men and women of America’s intelligence services who, through their interrogation of high-value detainees, developed the information that apparently led us to bin Laden.”

John Yoo, the lead author of the “Torture Memos,” wrote in the Wall Street Journal that bin Laden’s death “vindicates the Bush administration, whose intelligence architecture marked the path to bin Laden’s door.”

Former Bush secretary of defense Donald Rumsfeld declared that “the information that came from those individuals was critically important.”

The Obama White House pushed back against that conclusion this week.

“The bottom line is this: If we had some kind of smoking-gun intelligence from waterboarding in 2003, we would have taken out Osama bin Laden in 2003,” Tommy Vietor, spokesman for the National Security Council, told The New York Times.
Chronological details of the hunt for bin Laden remain murky, but piecing together various statements from administration and intelligence officials, it appears the first step may have been the CIA learning the nickname of an al Qaeda courier — Abu Ahmed al-Kuwaiti — from several detainees picked up after the Sept. 11, 2001, terrorist attacks.

Then, in 2003, Khalid Sheikh Mohammed (KSM), the 9/11 mastermind, was captured, beaten, slammed into walls, shackled in stress positions and made to feel like he was drowning 183 times in a month. When asked about al-Kuwaiti, however, KSM denied that the he had anything to do with al Qaeda.

In 2004, officials detained a man named Hassan Ghul and brought him to one of the CIA’s black sites, where he identified al-Kuwaiti as a key courier.

A third detainee, Abu Faraj al-Libi, was arrested in 2005 and under CIA interrogation apparently denied knowing al-Kuwaiti at all.

Once the courier’s real name was established — about four years ago, and by other means — intelligence analysts stayed on the lookout for him. After he was picked up on a monitored phone call last year, he ultimately led authorities to bin Laden.

The link between the Bush-era interrogation regime and bin Laden’s killing, then, appears tenuous — especially since two of the three detainees in question apparently provided deceptive information about the courier even after being interrogated under durress.

“It simply strains credulity to suggest that a piece of information that may or may not have been gathered eight years ago somehow directly led to a successful mission on Sunday. That’s just not the case,” said White House Press Secretary Jay Carney.

But for Alexander, Kleinman and others, the key takeaway is not just that the torture didn’t work, but that it was actually counterproductive.

“The question is: What else did KSM have?” Alexander asked. And he’s pretty sure he knows the answer: KSM knew the courier’s real name, “or he knew who else knew his real name, or he knew how to find him — and he didn’t give any of that information,” Alexander said.

Alexander’s book, “Kill or Capture,” chronicles how the non-coercive interrogation of a dedicated al Qaeda member led to Zarqawi’s capture.

“I’m 100 percent confident that a good interrogator would have gotten additional leads” from KSM, Alexander said.

“Interrogation is all about getting access to someone’s uncorrupted memory,” explained Kleinman, who as an Air Force reserve colonel in Iraq in 2003 famously tried, but failed, to stop the rampant, systemic abuse of detainees there. “And you can’t get access to someone’s uncorrupted memory by applying psychological, physical or emotional force.”

Quite to the contrary, coercion is known to harden resistance. “It makes an individual hate you and find any way in their mind to fight back,” and it inhibits their recall, Kleinman said. Far preferable, he said, is a “more thoughtful, culturally-enlightened, science-based approach.”

“I never saw enhanced interrogation techniques work in Iraq; I never saw even harsh techniques work in Iraq,” Alexander said. “In every case I saw them slow us down, and they were always counterproductive to trying to get people to cooperate.”

Carle, who was not a trained interrogator, said he came to recognize that interrogation was a lot like something he did know how to do: manage intelligence assets in the field.

“Perverse and imbalanced as the relationship is between interrogator and detainee, it’s nonetheless a human relationship, and building upon that, manipulating the person, dealing straight with the person, simply coming to understand the person and vice versa, one can move forward,” he told reporters on a conference call Thursday.

Carle’s upcoming book, “The Interrogator,” chronicles his growing doubts about his orders from his superiors.

“The methods that I was urged to embrace, I found first-hand — putting aside the moral and legal issues, which we really cannot put aside — from a practical and a tactical and a strategic sense and a moral and legal one, the methods are counterproductive,” he said.

“They do not work,” he added. “They cause retrograde motion from what you’re seeking to accomplish. They increase resentment, not cooperation. They increase the difficulty in assessing what information you do hear is valid. They increase the likelihood that you will be given disinformation and have opposition from the person that you’re interrogating, across the board.”

Carle said the detainee he worked with regressed when coerced. “All it did was increase resentment and misery,” he said.
Larry Wilkerson, chief of staff under former secretary of state Colin Powell, said, “I’d be naive if I said it never worked,” referring to enhanced interrogation techniques.

“Of course, occasionally it works, Wilkerson said. “But most of the time, what torture is useful for is confessions. It’s not good for getting actionable intelligence.”

Experts agree that torture is particularly good at one thing: eliciting false confessions.

Bush-era interrogation techniques, were modeled after methods used by Chinese Communists to extract confessions from captured U.S. servicemen that they could then use for propaganda during the Korean War.

“Somehow our government decided that … these were effective means of obtaining information,” Carle said. “Nothing could be further from the truth.”

At a hearing in Guantanamo, several years after being waterboarded, KSM described how he would lie — specifically about bin Laden’s whereabouts — just to make the torture stop. “I make up stories,” Mohammed said. “Where is he? I don’t know. Then, he torture me,” KSM said of an interrogator. “Then I said, ‘Yes, he is in this area.’”

There are many other reasons to be skeptical of the argument that torture can lead to actionable intelligence, and specifically that enhanced interrogation led investigators to bin Laden.

Many of the positive accomplishments once cited in defense of enhanced interrogation have since been debunked.

And though its defenders are now trying to talk up the significance of the earlier intelligence, around the time of al-Libi’s interrogation, the CIA was not stepping up the hunt for bin Laden. Instead, it was closing down the unit that had been dedicated to hunting bin Laden and his top lieutenants.

This new scenario hardly supports a defense of torture on the grounds that it’s appropriate in “ticking time bomb” scenarios, Alexander said. “Show me an interrogator who says that eight years is a good result.”

The interrogation experts also noted the significant role Yoo, Rumsfeld and former Vice President Cheney each played in opening the door to controversial interrogation practices.

Wilkerson has long argued that there is ample evidence showing that “the Office of the Vice President bears responsibility for creating an environment conducive to the acts of torture and murder committed by U.S. forces in the war on terror.”

Yoo wrote several memos that explicitly sanctioned measures that many have deemed constitute torture, and the memo from Rumsfeld authorizing the use of stress positions, hooding and dogs was widely seen as a sign to the troops that the “gloves could come off.”

“These guys are trying to save their reputations, for one thing,” Alexander said. “They have, from the beginning, been trying to prevent an investigation into war crimes.”

“They don’t want to talk about the long term consequences that cost the lives of Americans,” Alexander added. The way the U.S. treated its prisoners “was al-Qaeda’s number-one recruiting tool and brought in thousands of foreign fighters who killed American soldiers,” Alexander said. “And who want to live with that on their conscience?”

From Bush himself on down, the defenders of his interrogation regime have long insisted that it never amounted to torture. But waterboarding, the single most controversial aspect of Bush’s interrogation regime, has been an archetypal form of torture dating back to the Spanish Inquisition. It involves strapping someone to a board and simulating drowning them. The U.S. government has historically considered it a war crime.

One can quibble over the proper term for some of the other tactics employed with official sanction, including forced nudity, isolation, bombardment with noise and light, deprivation of food, forced standing, repeated beatings, applications of cold water, the use of dogs, slamming prisoners into walls, shackling them in stress positions and keeping them awake for as long as 180 hours. But they comprise violations of human dignity, as codified by the United Nations — and championed by the U.S. government — ever since World War II.

Many have argued that whether torture works or not is irrelevant — that it is flatly illegal, immoral, and contrary to core American principles — and that even if it were effective, it would still be anathema.

But that torture is unparalleled in its ability to obtain intelligence is the central argument of its defenders. To concede that torture doesn’t work — as Alexander, Kleinman and Carle, among others, say — would be to forfeit the whole game. It would be admitting that cruelty was both the means and the end.

And so the debate goes on.

This article has been updated to include more information on waterboarding and historical background on other interrogation techniques.

* * * * * *

Dan Froomkin is senior Washington correspondent for The Huffington Post. You can send him an emailbookmark his page, subscribe to his RSS feed, follow him on Twitter, friend him on Facebook, and/or become a fan and get email alerts when he writes.

 

 

May 7th, 2011

NYT: The torture apologists

The New York Times editorializes on the latest torture promotion:

The Torture Apologists

New York Times Editorial

The killing of Osama bin Laden provoked a host of reactions from Americans: celebration, triumph, relief, closure and renewed grief. One reaction, however, was both cynical and disturbing: crowing by the apologists and practitioners of torture that Bin Laden’s death vindicated their immoral and illegal behavior after the Sept. 11 attacks.

Jose Rodriguez Jr. was the leader of counterterrorism for the C.I.A. from 2002-2005 when Khalid Shaikh Mohammed and other Al Qaeda leaders were captured. He told Time magazine that the recent events show that President Obama should not have banned so-called enhanced interrogation techniques. (Mr. Rodriguez, you may remember, ordered the destruction of interrogation videos.)

John Yoo, the former Bush Justice Department lawyer who twisted the Constitution and the Geneva Conventions into an unrecognizable mess to excuse torture, wrote in The Wall Street Journal that the killing of Bin Laden proved that waterboarding and other abuses were proper. Donald Rumsfeld, the former defense secretary, said at first that no coerced evidence played a role in tracking down Bin Laden, but by Tuesday he was reciting the talking points about the virtues of prisoner abuse.

There is no final answer to whether any of the prisoners tortured in President George W. Bush’s illegal camps gave up information that eventually proved useful in finding Bin Laden. A detailed account in The Times on Wednesday by Scott Shane and Charlie Savage concluded that torture “played a small role at most” in the years and years of painstaking intelligence and detective work that led a Navy Seals team to Bin Laden’s hideout in Pakistan.

That squares with the frequent testimony over the past decade from many other interrogators and officials. They have said repeatedly, and said again this week, that the best information came from prisoners who were not tortured. The Times article said Khalid Shaikh Mohammed, who was waterboarded 183 times, fed false information to his captors during torture.

Even if it were true that some tidbit was blurted out by a prisoner while being tormented by C.I.A. interrogators, that does not remotely justify Mr. Bush’s decision to violate the law and any acceptable moral standard.

This was not the “ticking time bomb” scenario that Bush-era officials often invoked to rationalize abusive interrogations. If, as Representative Peter King, the Long Island Republican, said, information from abused prisoners “directly led” to the redoubt, why didn’t the Bush administration follow that trail years ago?

There are many arguments against torture. It is immoral and illegal and counterproductive. The Bush administration’s abuses — and ends justify the means arguments — did huge damage to this country’s standing and gave its enemies succor and comfort. If that isn’t enough, there is also the pragmatic argument that most experienced interrogators think that the same information, or better, can be obtained through legal and humane means.

No matter what Mr. Yoo and friends may claim, the real lesson of the Bin Laden operation is that it demonstrated what can be done with focused intelligence work and persistence.

The battered intelligence community should now be basking in the glory of a successful operation. It should not be dragged back into the muck and murk by political figures whose sole agenda seems to be to rationalize actions that cost this country dearly — in our inability to hold credible trials for very bad men and in the continued damage to our reputation.

 

May 5th, 2011

Matthew Alexander on torture and the bin Laden capture

As the torture team uses the capture of bin Laden to defend their crimes, military interrogator Matthew Alexander demonstrates the falsity of their claims and points out that torture led to the “deaths of hundreds or thousands of American soldiers” in this interview on Democracy Now!

May 5th, 2011

Worthington explains Guantánamo Detainee Assessment Briefs

Andy Worthington has written an invaluable piece for those trying to make sense of the recently released by Wikileaks Guantánamo Detainee Assessment Briefs:

How to Read WikiLeaks’ Guantánamo Files

By Andy Worthington

A week after WikiLeaks began releasing classified military files — known as Detainee Assessment Briefs (DABs) — relating to the majority of the 779 prisoners held at Guantánamo since the prison opened in January 2002, I am reassured that the prison, its remaining inhabitants and its back story have reemerged so forcefully into the consciousness of the general public. Over the last few months, in particular, it had become apparent, to those of us who still cared about Guantánamo, that President Obama’s stated mission to close the prison had ended ignominiously, and that the prison’s supporters in the US (particularly in Congressand the judiciary) had won a resounding victory, closing off every avenue that might have led to the release of all but a few of the remaining 172 prisoners.

However, although it’s reassuring to see renewed interest in Guantánamo — and to see a decent amount of insightful reporting about the crimes and distortions of the Bush administration in the reporting of WikiLeaks’ media partners in the US and throughout Europe — I’m not yet persuaded that the release of these documents has caused significant enough ripples in the US to effect any kind of change to the existing policies.

This may not be possible — given the current deplorable state of US politics, and the New York Times‘ damaging introduction to its own unofficial release of the WikiLeaks documents last week — and it may be, as I have been suggesting all year, that the only answer to the appalling inertia regarding Guantánamo is for the international community, including the UN, to reassert the kind of criticism to which George W. Bush was particularly subjected in his second term in office.

With more articles by WikiLeaks’ media partners to be published in the weeks to come, and with my own detailed analyses of some of the documents also forthcoming, the story is far from over, but for now, as I continue to release links to interviews in which I discuss the importance of the released documents — and the particular importance of recognizing that the supposed intelligence in the files is in fact thoroughly infected with the unreliable testimony of tortured, coerced and bribed prisoners — I’m posting below the notes I wrote for WikiLeaks explaining how to read and understand the different sections in the documents, and also the introductions I wrote for a handful of briefing documents that were also made available last week by WikiLeaks.

Of particular interest, I hope, is my observation, under “5. Capture Information,” that the “Reasons for Transfer” included in the documents, which have been repeatedly cited by media outlets as an explanation of why the prisoners were transferred to Guantánamo, are, in fact, lies that were grafted onto the prisoners’ files after their arrival at Guantánamo. This is because, contrary to the impression gven in the files, no significant screening process took place before the prisoners’ transfer. As a senior interrogator who worked in Afghanistan explained in a book that he wrote about his experiences, every prisoner who ended up in US custody had to be sent to Guantánamo, even though the majority were not even seized by US forces, but were seized by their Afghan and Pakistani allies at a time when substantial bounty payments for “al-Qaeda and Taliban suspects” were widespread.

No exceptions to these rules were allowed, which explains why Maj. Gen. Michael Dunlavey, an early commander at the prison, complained about the large number of “Mickey Mouse prisoners” that he was expected to deal with, and the lack of screening also helps to explain why Marine Brig. Gen. Mike Lehnert, the prison’s first commander, told the BBC in February 2002 (before he was silenced) that “A large number [of the prisoners] claim to be Taliban, a smaller number we have been able to confirm as al-Qaeda, and a rather large number in the middle we have not been able to determine their status. Many of the detainees are not forthcoming. Many have been interviewed as many as four times, each time providing a different name and different information.”

How to Read WikiLeaks’ Guantánamo Files

The nearly 800 documents in WikiLeaks’ latest release of classified US documents are memoranda from Joint Task Force Guantánamo (JTF-GTMO), the combined force in charge of the US “War on Terror” prison at Guantánamo Bay, Cuba, to US Southern Command, in Miami, Florida, regarding the disposition of the prisoners.

Written between 2002 and 2008, the memoranda were all marked as “secret,” and their subject was whether to continue holding a prisoner, or whether to recommend his release (described as his “transfer” — to the custody of his own government, or that of some other government). They were obviously not conclusive in and of themselves, as final decisions about the disposition of prisoners were taken at a higher level, but they are very significant, as they represent not only the opinions of JTF-GTMO, but also the Criminal Investigation Task Force, created by the Department of Defense to conduct interrogations in the “War on Terror,” and the BSCTs, the behavioral science teams consisting of psychologists who had a major say in the “exploitation” of prisoners in interrogation.

Under the heading, “JTF-GTMO Detainee Assessment,” the memos generally contain nine sections, describing the prisoners as follows, although the earlier examples, especially those dealing with prisoners released — or recommended for release — between 2002 and 2004, may have less detailed analyses than the following:

1. Personal information

Each prisoner is identified by name, by aliases, which the US claims to have identified, by place and date of birth, by citizenship, and by Internment Serial Number (ISN). These long lists of numbers and letters — e.g. US9YM-000027DP — are used to identify the prisoners in Guantánamo, helping to dehumanize them, as intended, by doing away with their names. The most significant section is the number towards the end, which is generally shortened, so that the example above would be known as ISN 027. In the files, the prisoners are identified by nationality, with 47 countries in total listed alphabetically, from “az” for Afghanistan to “ym” for Yemen.

2. Health

This section describes whether or not the prisoner in question has mental health issues and/or physical health issues. Many are judged to be in good health, but there are some shocking examples of prisoners with severe mental and/or physical problems.

3. JTF-GTMO Assessment

a. Under “Recommendation,” the Task Force explains whether a prisoner should continue to be held, or should be released.

b. Under “Executive Summary,” the Task Force briefly explains its reasoning, and, in more recent cases, also explains whether the prisoner is a low, medium or high risk as a threat to the US and its allies and as a threat in detention (i.e. based on their behavior in Guantánamo), and also whether they are regarded as of low, medium or high intelligence value.

c. Under “Summary of Changes,” the Task Force explains whether there has been any change in the information provided since the last appraisal (generally, the prisoners are appraised on an annual basis).

4. Detainee’s Account of Events

Based on the prisoners’ own testimony, this section puts together an account of their history, and how they came to be seized, in Afghanistan, Pakistan or elsewhere, based on their own words.

5. Capture Information

This section explains how and where the prisoners were seized, and is followed by a description of their possessions at the time of capture, the date of their transfer to Guantánamo, and, spuriously, “Reasons for Transfer to JTF-GTMO,” which lists alleged reasons for the prisoners’ transfer, such as knowledge of certain topics for exploitation through interrogation. The reason that this is unconvincing is because, as former interrogator Chris Mackey (a pseudonym) explained in his book The Interrogators, the US high command, based in Camp Doha, Kuwait, stipulated that every prisoner who ended up in US custody had to be transferred to Guantánamo — and that there were no exceptions; in other words, the “Reasons for Transfer” were grafted on afterwards, as an attempt to justify the largely random rounding-up of prisoners.

6. Evaluation of Detainee’s Account

In this section, the Task Force analyzes whether or not they find the prisoners’ accounts convincing.

7. Detainee Threat

This section is the most significant from the point of view of the supposed intelligence used to justify the detention of prisoners. After “Assessment,” which reiterates the conclusion at 3b, the main section, “Reasons for Continued Detention,” may, at first glance, look convincing, but it must be stressed that, for the most part, it consists of little more than unreliable statements made by the prisoners’ fellow prisoners — either in Guantánamo, or in secret prisons run by the CIA, where torture and other forms of coercion were widespread, or through more subtle means in Guantánamo, where compliant prisoners who were prepared to make statements about their fellow prisoners were rewarded with better treatment. Some examples are available on the homepage for the release of these documents (cross-posted with links here).

With this in mind, it should be noted that there are good reasons why Obama administration officials, in the interagency Guantánamo Review Task Force established by the President to review the cases of the 241 prisoners still held in Guantánamo when he took office, concluded that only 36 could be prosecuted.

The final part of this section, “Detainee’s Conduct,” analyzes in detail how the prisoners have behaved during their imprisonment, with exact figures cited for examples of “Disciplinary Infraction.”

8. Detainee Intelligence Value Assessment

After reiterating the intelligence assessment at 3b and recapping on the prisoners’ alleged status, this section primarily assesses which areas of intelligence remain to be “exploited,” according to the Task Force.

9. EC Status

The final section notes whether or not the prisoner in question is still regarded as an “enemy combatant,” based on the findings of the Combatant Status Review Tribunals, held in 2004-05 to ascertain whether, on capture, the prisoners had been correctly labeled as “enemy combatants.” Out of 558 cases, just 38 prisoners were assessed as being “no longer enemy combatants,” and in some cases, when the result went in the prisoners’ favor, the military convened new panels until it got the desired result.

*****

In addition, please find below the introductions that I wrote to three briefing documents that were put up on WikiLeaks’ Guantánamo Files page last week, to accompany the release of the prisoner files (which have now almost all been released). I also wrote the introduction to a classification document, whch is not incuded here, because it is probably only of interest those who take a professional interest in the US military’s obsession with classification, but I hope that the three briefing documents provide a fascinating accompaniment to the prisoner files.

Cover Story Assessment

This document, a four-page briefing paper entitled, “Assessment of Afghanistan Travels and Islamic Duties as they Pertain to Interrogation,” was published in August 2004 and provides interrogators with information about the perceived activities of foreigners in Afghanistan, and the types of cover stories that were allegedly used on a regular basis by foreigners who had traveled there for jihad.

While this may well have proved useful in identifying individuals who were attempting to hide their true motives, it also undoubtedly contributed to an atmosphere in which everyone who claimed to be innocent was regarded as having been trained by al-Qaeda to resist interrogation, leading to confirmation bias, even if, as was the case with many of those held, they were indeed innocent.

EC Threat Indicators

This document, a 17-page briefing paper entitled, “JTF-GTMO Matrix of Threat Indicators for Enemy Combatants,” was intended to help interrogators “to determine a detainee‟s capabilities and intentions to pose a terrorist threat if the detainee were given the opportunity,” primarily through the use of three types of indicators: “1) the detainee himself provides acknowledgement of a fact; 2) another detainee, document, government, etc. provides an identification of the detainee; and 3) analysis of the detainee‟s timeline, activities, and associates in context with other known events and individuals.”

The document contains detailed lists of places where prisoners were captured, which are regarded as suspicious, and groupings of prisoners regarded as significant. It also includes signs allegedly indicating military training and fighting, indicators of membership in al-Qaeda and other terrorist groups, including travel routes and locations allegedly frequented by al-Qaeda members, and an analysis of what are regarded as common cover stories.

Also included are similar analyses regarding the Taliban or “Anti-Coalition Militia,” and a worryingly large list of “Associated Forces,” including relief organizations that were not regarded as a threat outside of Guantánamo, and the huge missionary organization Jama’at Al-Tablighi, which has millions of members worldwide, but which was routinely described in Guantánamo as a front for terrorist activities.

JTF-GTMO Threat Matrix

This two-page document, entitled, “JTF-GTMO Detainee Recommendation and Threat Matrix,” was published in May 2008 and explains the different categories of prisoners at Guantánamo, designated as high-risk, medium-risk and low-risk, and the recommendations for their disposition, which consist of “Continued Detention,” “Transfer Out of DoD Control,” and “Release.”

It should be noted that there is no category for innocent people seized by mistake, even though the documents themselves reveal that many of the prisoners were indeed seized by mistake, and were therefore no risk at all, although two of the definitions of a low-risk prisoner are that they “had little or no terrorist sponsored or related training” and that they “had few, if any, associations with terrorists, terrorist groups, or terrorist support networks.”

The document also includes the following alarming footnote about prisoners facing “Imminent Death”: “Medical prognosis indicating death within 6-12 months may be justification for humanitarian transfer.”

 

**********

Andy Worthington is the author of The Guantánamo Files: The Stories of the 774 Detainees in America’s Illegal Prison (published by Pluto Press, distributed by Macmillan in the US, and available from Amazon — click on the following for the US and the UK) and of two other books: Stonehenge: Celebration and Subversion and The Battle of the Beanfield. To receive new articles in your inbox, please subscribe to my RSS feed (and I can also be found on FacebookTwitterDigg and YouTube). Also see my definitive Guantánamo prisoner list, updated in July 2010, details about the new documentary film, “Outside the Law: Stories from Guantánamo” (co-directed by Polly Nash and Andy Worthington, on tour in the UK throughout 2011, and available on DVD here — or here for the US), my definitive Guantánamo habeas list and the chronological list of all my articles, and, if you appreciate my work, feel free tomake a donation.

May 2nd, 2011

Coalition Launches Online Timeline Chronicling 9/11 Decade of U.S. Torture and Detainee Abuse, With Emphasis on Psychologists and APA

The Coalition for an Ethical Psychology, of which I’m a founder, has just issued a new Timeline documenting the involvement of psychologists and torture. Here is our Press Release:

Coalition Launches Online Timeline Chronicling 9/11 Decade of U.S. Torture and Detainee Abuse

Psychologist and American Psychological Association Involvement Highlighted

www.ethicalpsychology.org/timeline

FOR IMMEDIATE RELEASE

Monday, March 7, 2011

CONTACT: Stephen Soldz

The Coalition for an Ethical Psychology today announces the release of an interactive online Timeline (www.ethicalpsychology.org/timeline) detailing the roles of psychologists in the torture and unethical treatment of national security detainees over the years since the 9/11 attacks. The Timeline also constitutes the most comprehensive record of the partnership between the American Psychological Association (APA) and the U.S. national security sector in expanding and legitimizing torture and abuse.

The Coalition’s Timeline speaks to diverse audiences: human rights scholars, policymakers, health professionals, social scientists, military ethicists and intelligence professionals, educators, journalists, social activists, churches, and conscientious citizens.  It brings together information which otherwise is only available through hundreds of separate sources.

As the Timeline reveals, the psychology profession is directly implicated in the U.S. government’s program of torture and detainee abuse as psychologists designed, implemented, monitored, and researched the torture program. Furthermore, the APA was complicit in these abuses by providing crucial political and ethical support for psychologist involvement in coercive interrogations.

The Coalition Timeline, which currently has over 350 entries, is fully searchable and will be regularly updated as new information becomes available. Suggestions for additional events to include are welcome at timeline@ethicalpsychology.org.

We encourage you to share the webpage (www.ethicalpsychology.org/timeline) with colleagues, listservs, and other groups and individuals to whom it may be of interest.

Please also read the Coalition’s statement: “Reclaiming Our Profession: Psychology Ten Years After 9/11″.

 

The Coalition for an Ethical Psychology is dedicated to putting psychology on a firm ethical foundation in support of social justice and human rights. The Coalition has been in the lead of efforts to remove psychologists from torture and abusive interrogations.

 

 

 

 

March 7th, 2011

Discover picks Experiments in Torture as a top story of the year

Discover magazine featured the Physicians for Human Rights report Experiments in Torture: Human Subject Research and Experimentation in the “Enhanced” Interrogation Program as one of it’s Top 100 Stories of 2010. It is story #37.

December 19th, 2010

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