Wednesday, December 10, 2014 

Look past the horror.

It's easy, reading the Senate intelligence report and the articles derived from it to be overwhelmed by the horror of the torture programme (because that's what it was, let's drop the euphemisms once and for all) established by the CIA.  With its 26 wrongly detained victims, those with broken limbs put into stress positions and chained to walls regardless of their injuries, the playing of Russian roulette with one victim, and perhaps most chilling of all, the image of Abu Zubaydah, so thoroughly broken and brutalised by his treatment that all it took for him to mount the waterboarding table was a raised eyebrow from his interrogator, to get distracted and not draw the necessary wider conclusions about what it should tell us would be thoroughly human.  Good thing I'm not then, eh?

First, it should tell us that torture affects those charged with implementing it just as much it does those on the receiving end.  With the exception of the few sadists and genuine psychopaths who are likely to find themselves in such roles, the report notes the sickened and disgusted responses of hardened CIA officers to what they both saw and were being asked to do.  Doctors who pledge to do no harm were forced to choose between refusing to treat detainees they were essentially fixing up enough so they were fit to be tortured again, and letting those under their care die, with all the potential consequences the latter option would open up.  How many would have died had it not been for medical intervention we'll never know; at the same time however, doctors were also behind the rectal feeding, as well as the forced feeding of hunger strikers at Guantanamo, itself considered to be a form of torture by the UN and condemned in journals by senior doctors.

Second, the decision by one Western state to use torture inevitably makes its allies complicit, such is the way intelligence agencies cooperate.  This puts those allies in a great quandary: do they blow the whistle, do as much as they can to avoid becoming wholly complicit in the practice, or the opposite and accept it as necessary in extraordinary times?  Our complicity in the CIA's programme can still not be properly quantified for the reasons outlined in yesterday's post.  What we do know is that just like the CIA lied to everyone concerned, including politicians themselves about what they were doing, so too did our spooks.  We know that as early as January 2002 MI6 officers reported back to their superiors that detainees at Bagram airbase in Afghanistan were being abused; this was before the torture regime proper had been established.  Those officers were told, wrongly, they were not required to intervene to prevent the abuse from continuing.  Despite these and subsequent reports, MI6 claimed it wasn't until 2004 and the Abu Ghraib scandal they properly realised the "black sites" they were aware of were being used as torture dungeons.

To believe that you have to believe the intelligence agencies are both unimaginative and lack inquisitiveness, precisely the qualities demanded of them.  We also now know about the renditions of Abdul Hakim Belhaj and Sami al-Saadi, both of whom were sent back to Colonel Gaddafi's prisons via the services of MI6 and the CIA.  Belhaj arrived back in Libya two weeks before Tony Blair went to meet his new friendly dictator.  Both he and Jack Straw deny any involvement in the rendition of the Libyans, Straw claiming that he was kept out of the loop.  MI6 respond they operate under ministerial oversight, more than suggesting Straw signed off on the rendition.

Straw though is nothing if not a serial offender.  When the first details of the rendition programme started to be leaked he said that unless he was lying and unless Condoleezza Rice was lying (we know she was; she was directly involved in the process of the setting up of the torture programme) it was little more than conspiracy theories. 

Let's not limit this to just Straw and Blair though, as a whole host of New Labour ministers also told if not lies then half-truths in an attempt to protect both the United States and the intelligence agencies.  Those with long memories for the mundane might recall the furore after the release of the "seven paragraphs", which detailed what the security services knew about the mistreatment of Binyam Mohamed, who was tortured in Morocco for the CIA before he was sent on to Guantanamo.  Alan Johnson, then home secretary, said the idea the security services didn't respect human rights was a "ludicrous lie", while David Miliband fought the courts for months in an eventually futile attempt to prevent the paragraphs being released.  This led directly to the justice and security bill passed this parliament, supposedly meant to prevent the "control principle" of intelligence from an ally being published being violated in such a way again.  That we know thanks to Edward Snowden how tens of thousands of contractors and sub-contractors have access to secret documents obviously doesn't mean the act was in fact meant to prevent ministers and the intelligence agencies being embarrassed again in such a way.

Lastly, the report shows just how quickly practices thought completely abhorrent can be implemented when national emergencies are declared and extraordinary powers handed out.  The CIA may well have lied to politicians about what it was doing and the president may not have been fully briefed, but senior figures in the Bush administration did know about and signed off on similar techniques to those adopted.  It's worth reflecting just how close we came in this country to giving the police powers akin to those of authoritarian states: not just the attempt to ram 90 days detention without charge through parliament, thankfully defeated, but also the struck down indefinite detention without charge of foreign "terrorist suspects", the law lords ruling the life of the nation was not threatened as politicians claimed.  We can argue over the additional powers still being sought which are claimed to be necessary to deal with the renewed threat, yet nothing proposed comes near to the attack on basic civil liberties Tony Blair and then Gordon Brown were behind.  The question remains whether come the next emergency we'll remember any of these lessons.

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Tuesday, December 09, 2014 

Torture: time we came clean also.

I never thought I'd say this, but thank Christ (somewhat) for the Intelligence and Security Committee and Peter Gibson's (non) report into rendition.  Attempting to read the Senate select committee on intelligence's report (PDF) of the CIA's "Detention and Interrogation Program", aka the resort to torture at the very first opportunity program, you can't help but wish for the relative lack of redactions they contained, as well as their sheer legibility.  Granted, even with the constant, ludicrous slabs of black that interrupt the report, it's still far more revealing than anything we're ever likely to produce, yet at least ours didn't have endless footnotes containing the real detail and which sometimes consist of an entire page filled with a single paragraph, some of them only repeating what you've already read.  Anyone might have thought making it as difficult to follow as possible was one of the committee's other aims.

When you then realise this is a mere 525 page summary of the full 6,000 page report submitted to the White House, this being the agreed upon redacted (did I mention the redactions?) shorter version for those of us without the requisite security clearance, it becomes clear that regardless of the readability problems, this truly is an attempt to quantify just what did happen immediately after 9/11.  A good proportion of it we already know: within a matter of days George W. Bush had given almost carte blanche to the CIA to "capture or detain" nearly anyone posing a threat to the United States, "granting the CIA significant discretion in determining whom to detain, the factual basis for the detention, and the length of the detention."  The CIA at first didn't know what to do: anyone who's read the Looming Tower will know that while there were some within the US intelligence community who had expertise on bin Laden and al-Qaida, they weren't numerous and didn't have the resources they needed.

Matters came to a head with the capture of Abu Zubaydah, the first significant al-Qaida figure to be transferred into US custody.  Despite cooperating with the FBI officers who first questioned him, the CIA became convinced he was holding back information about specific threats or plots, and equally convinced themselves the only to get Zubaydah to detail what he knew was to use "enhanced techniques".  The only research the committee found the CIA to have looked into was conducted by two contractors previously with the U.S. Air Force Survival, Evasion, Resistance and Escape (SERE) school, given pseudonyms in the report but who are known to be James Mitchell and Bruce Jessen.  They produced a report on an al-Qaida manual thought to be on resisting interrogation; despite having no experience as interrogators themselves, or any specialised knowledge on al-Qaida, terrorism or pretty much anything relevant to Zubaydah whatsoever, one of the pair had read about "learned helplessness", and thought "inducing such a state could encourage a detainee to cooperate and provide information."

Unsurprisingly, he believed the way to induce this state was to adapt somewhat the methods taught to cadets at the SERE school, 12 of which he recommended specifically.  These included the most notorious, waterboarding, but also "walling", throwing a detainee into a specially built "flexible" wall, sleep deprivation, cramped confinement, use of diapers, and mock burial.  Almost all were to be used, and on far more than just the "3" some have claimed to have been specifically tortured by the United States rather than by partner government officials.  Once authorised, Zubaydah was subjected to these techniques in '"varying combinations, 24 hours a day" for 17 straight days, through August 20, 2002'.  As the report drily notes, the interrogation was later deemed a success not because Zubaydah produced the information the CIA believed he was hiding, but "because it provided further evidence that Abu Zubaydah had not been withholding the aforementioned information from the interrogators".  Orwellian doesn't even begin to describe it.

These interrogations were also more brutal than had previously been admitted.  Zubaydah lost conciousness during one waterboarding session, "bubbles rising through his open, full mouth", and had to be revived through medical intervention.  Khalid Sheikh Mohammed, waterboarded 183 times in total, had his lips held open and water poured over his mouth as he tried to breathe.  In what can only be considered pure sadism, at least 5 detainees were fed via "rectal rehydration", in one case in what seems to have been a punishment for a detainee self-harming.  Detainees were hung from bars on the ceiling of their cells, left wearing only diapers, sometimes for days at a time.  When President Bush was finally briefed on the enhanced interrogation program, he expressed disquiet at an image of one detainee in precisely this position.  39 detainees were subject to "cold water dousing", which is exactly what it sounds like.  This took place in environments described by the CIA themselves as "dungeons", where one detainee, Gul Rahman, died of hypothermia.  The officer who ordered his torture was subsequently recommended for a $2,500 cash reward for his "consistently superior work".

Torture.  It's the only possible way to summarise the program in one word, and while one of Obama's first acts as president was to definitively shut it down, by that point James Mitchell and Bruce Jessen had been paid $81m dollars for their role as contractors.  Even now the committee seems to think they are deserving of protection, just as it was decided previously no charges should be brought, which if nothing else proves it's not just police officers above the law in America.  The CIA and others in the Bush administration meanwhile continue to fight a rearguard action to defend themselves, claiming against every speck of available evidence their program "worked", saving "innumerable" lives.  They've had some very willing accomplices, whether it be journalists or Hollywood filmmakers.

At least now no one can say they don't know the depths the United States sank to, overcome by emotion, a thirst for revenge and determination to prevent anything like it happening again.  As for ourselves, all we have still is those reports mentioned at the outset, completely lacking in detail and which have only scratched the veneer of the intelligence agencies' involvement with and almost certain complicity in the US program.  While the redacted version of the report does not make clear that Diego Garcia was used as a "black site" as well as a stopover point as had been reported, it does name three British residents detained in the secret prison system, including Bisher al-Rawi and Jamil el-Banna, who were all but handed over to the CIA by MI6.  If David Cameron truly means what he says about losing "moral authority", then it's still not too late to order a full judicial inquiry into our policies post-9/11, the sort capable of gaining the support of all parties.  The alternative is another Woolwich-type debacle, where the ISC sifts through the evidence and then concludes it was someone else's fault, presumably in this instance the United States' rather than Facebook.  Then again, do we really have much in the way of moral authority to lose?

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Friday, April 17, 2009 

Torturers justifying to themselves that they are not torturers.

It turns out that I did perhaps speak slightly too soon in being disappointed that the Obama administration hadn't opened up the books on the Bush regime's involvement in both rendition and torture. Although the release of the four memos sent between the CIA and two different deputy attorney generals was "required by the rule of law", that certainly wouldn't have stopped the prior administration or some individuals within Obama's from doing the exact opposite.

It's been clear since the first allegations emerged of mistreatment of detainees that just like all the other regimes which subsequently fell, with their secrets and misdemeanours exposed through documents, the Bush administration didn't just discuss what it was doing in secret and on a need to know basis: it left behind a distinct paper trail, of which these memos are just the latest example. The most notorious was perhaps the stress techniques which Donald Rumsfeld signed off with the pithy justification that considering he stood for 8-10 hours a day, why couldn't the detainees be forced to stand for longer than 4 hours? This sort of thinking and a general complete lack of concern at what they were ordering others to do is evident throughout the documents and memos that have so far been released.

The key document of the four released, although the others also have significant sections, is the August the 1st 2002 memo from Jay S. Bybee, then assistant attorney general to John Rizzo, the acting general counsel for the CIA. Rizzo was specifically asking whether 10 "techniques", including the most notorious, "waterboarding", would violate the prohibition against torture "found at Section 2340A of title 18 of the United States Code", as the CIA intended to use them against Abu Zubaydah, at that point the most senior alleged al-Qaida leader to be captured. The document, which recounts in minute detail just how the "enhanced techniques" would be used, is chilling. Of these, the most disturbing is the blithe way in which Bybee recounts that Rizzo had previously informed him that they would not deprive Zubaydah of sleep for more than 11 days, having already kept him awake for more than 72 hours, of how they wished to confine Zubaydah in a box, in which an insect would be placed, Zubaydah apparently having a fear of such creatures, while not informing him that the insect would be completely harmless, and finally of how they would waterboard him, where the simulated drowning would not last longer than 20 minutes, and sessions as a whole would last 2 hours.

Quite why Bybee doesn't just say immediately that he completely agrees that what Rizzo is proposing doesn't amount to torture is unclear, as the arguments he then details are simply pitiful. These amount to little more than the fact that soldiers that were trained in SERE techniques did for the most part not suffer any long-term side-effects as a result of being treated in the same way as they were proposing to deal with Zubaydah. This is akin to comparing apples to oranges: there is a world of difference between undergoing these techniques once or twice with friends and professionals that you trust so that if you are captured you both know what to expect and how to deal with it, and instead having them repeatedly used on you, by people you neither trust and who you quite reasonably believe have the intention and the means to harm you if you don't co-operate with them, despite not being able to comply with their demands.

This finally culminates in Bybee admitting that waterboarding constitutes a threat of imminent death, which directly breaches Section 2340A. This however is not a problem, as Bybee decides that "prolonged mental harm must nonetheless result to violate the statutory prohibition", and, judging by Rizzo's authoritative and extensive research into the long-term effects of such procedures on SERE students, no such mental harm has been recognised. If things were not already Orwellian enough, Bybee then continues onward, concluding that additionally, there has to be "specific intent to inflict severe pain or suffering" for there to be a breach of the prohibition. Despite the fact that the CIA would be using such measures on Zubaydah deliberately in order to get him to talk, because of how they are using these methods in "good faith", and restricting themselves so that they are not abused beyond acceptable limits, there would be no such specific intent. This is no more and no less than torturers justifying to themselves that they are not torturers. It's the sort of thing which dictatorships indulge in; this is the land of the free and the home of the brave resorting to such methods after 9/11 swifter than the likes of Soviet Russia did.

The results of Zubaydah's torture were worryingly predictable. Differences remain between those who claim he was a significant member of al-Qaida and those that instead claim that he was on the periphery, but what is beyond doubt is that in response to his treatment he told his interrogators anything and everything, including details of numerous false plots and individuals, all of which came to nothing. Likewise, the far more senior Khalid Sheikh Mohammed, who became so adept at being waterboarded that he impressed and gained the respect of his interrogators, talked himself into being possibly the most dastardly terrorist in history, the only detail missing from his claims being that he wasn't the one who fired the second shot from the grassy knoll. Even if you completely disagree with the argument that you shouldn't abuse the detainees you capture for moral reasons, the reason to oppose torture is that it simply doesn't work, illustrated perfectly by Zubaydah.

There is one other key passage in one of the other memos which perfectly sums up the hypocrisy and contempt that the Bush administration had when it came to international obligations regarding torture:
In other words: we know full well what we're doing is torture, but the fact that we condemn others for doing exactly what we are isn't going to stop us from continuing with it.

Obama released the documents saying that there would be no prosecutions of those responsible, and this should be a time for "reflection, not retribution". That's fair enough where it concerns those that actually carried out the mistreatment, although post-Nuremberg and indeed, post-Bush, it should be no excuse to say that you were only following orders. Those who should be held accountable however are the ones that wrote these documents, the ones above them that were the ones really pulling the strings, and especially those who both then and now continue to defend the use of such methods. Those who first proposed these techniques are those responsible for them being used routinely, as we saw at Abu Ghraib. As before though, it seems likely that once again it will be the little people that serve the jail sentences while the real war criminals can write their memoirs and parade around the lecture circuit.

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