One of the reasons I have always argued for a full investigation of the treatment of prisoners by the U.S. government is that the truths is going to come out sooner rather than later. For those who want to hide from accountability under the law later is always the better goal. The longer it takes for the abuses of the Bush Administration torture program to come to light the less likely there is to be an outcry and the more likely those who ordered and carried out torture are to elderly or dead.
Today the British government lost its appeal and was forced to disclose a new piece of the torture puzzle. In 2002 a British subject by the name of Binyam Mohamed was arrested in Pakistan. He claims he was tortured there, then sent to Morocco where he was also beaten and finally in 2004 sent to Guantanamo Bay. If Mr. Mohamed’s name seems familiar to you, it should. He is the man who claims he was tortured by a scalpel slicing his genitals.
What makes Mr. Mohamed’s case particularly galling (as if genital slicing was not enough) is that he has been released without ever being charged either by the British or the U.S.
Mr. Mohamed is one of seven British subjects who are suing their government for its complicity in torture. This new information came from a summary that a judge wrote after reviewing intelligence reports from the United States.
Here are the seven paragraphs, from the Guardian:
It was reported that a new series of interviews was conducted by the United States authorities prior to 17 May 2002 as part of a new strategy designed by an expert interviewer.
v) It was reported that at some stage during that further interview process by the United States authorities, BM had been intentionally subjected to continuous sleep deprivation. The effects of the sleep deprivation were carefully observed.
vi) It was reported that combined with the sleep deprivation, threats and inducements were made to him. His fears of being removed from United States custody and "disappearing" were played upon.
vii) It was reported that the stress brought about by these deliberate tactics was increased by him being shackled in his interviews
viii) It was clear not only from the reports of the content of the interviews but also from the report that he was being kept under self-harm observation, that the interviews were having a marked effect upon him and causing him significant mental stress and suffering.
ix) We regret to have to conclude that the reports provide to the SyS [security services] made clear to anyone reading them that BM was being subjected to the treatment that we have described and the effect upon him of that intentional treatment.
x) The treatment reported, if had been administered on behalf of the United Kingdom, would clearly have been in breach of the undertakings given by the United Kingdom in 1972. Although it is not necessary for us to categorise the treatment reported, it could readily be contended to be at the very least cruel, inhuman and degrading treatment by the United States authorities.
Reading these paragraphs it is pretty clear why the British and the U.S. government wanted to keep them secret. There are at three big factors here; first that the U.S. was in charge of the questioning. Second that the British were well aware of it, and finally that at least one Judge sees this as meeting the standard of torture under both the Geneva Convention and the International Conventions Against Torture.
This is a very big deal. Even if Attorney General Holder is willing to stonewall full investigations of torture, in contravention of our laws, the British Courts are not. The connection between the British activities and the U.S. activities give us a window into what happened to many prisoners not just the so-called “high value” prisoners.
It dovetails nicely with what we have seen the Republican view of torture to be. Any prisoner taken into custody for any accusation of terrorism is potentially subject to torture. If you think this is a reach, think about the calls for the Fruit of the Boom Bomber, Mr. Abdulmutallab. The whole push to have him put in military custody is based on the idea that he could be more harshly interrogated, which is, of course, code for torture.
This is just one more dip in the slow stream of the truth coming out. It makes the case Mr. Mohamed and his co-plaintiffs are bringing against the British government that much stronger. If they are successful in proving the British complicity in U.S. torture of prisoners, it further erodes the spurious “looking forward” reasoning of the President and the DoJ in regards to the Bush era torture program.
This whole situation makes me incredibly angry. Think about what Mr. Mohamed has gone through. He was arrested, held for seven years by a series of four different nations, beaten, sleep deprived, had his genitals sliced, and then was released without ever being charged by either the U.S. or his own government with any crime. This is what unreasoning fear and a desire to be tough has brought us to, this is what the nation that wants to be the “Shining city on the hill” has become, a nation that will not only orchestrate this kind of atrocity, but will not own up to it.
This is another drip. It will not be the last. The truth will come out. In the end the United States will have to decide if it is a nation of laws or if the powerful really can do as they like because they are powerful. Hopefully we will redeem our national honor and pride, but as of today, we have not.
The floor is yours.
"Originally posted at Squarestate.net"



35 Comments




Sadly, I think Obama already has told us where he comes down on that question. The challenge is how we as a country reassert the authority of our laws and their application to everyone.
Spot on Jim. Though I have some hope that as the evidence becomes greater and greater,as civil suits progress there will be a tipping point where it becomes so obvious that the AG and the President will have to act.
But then I am an optimist by nature.
The President is looking ahead and Holder better start doing his job looking back on the traitor cheney. Times up Eric.
Great post, thanks, Bill.
The pernicious influence of the WH criminal gang that began in the Nixon years has grown and prospered because its members secure positions of power and spread the poison. They reached the depths in making torture part of their other crimes. When they are prosecuted and punished, it will be a great breakthrough of resurgent national pride the country needs, badly. Until that occurs, as you note, we cannot hold to the claim that we are a nation of laws. I agree, it will happen.
rawstory has a report up now, too.
British court acknowledges CIA tortured terror suspect if held under British law
Excellent essay, and a bombshell release. The U.S. had threatened retaliation of some sort if this was released (a breach in U.S.-British relations or intelligence-sharing). I wonder what they will officially say. No doubt it will be an attempt at more cover-up, while behind the scenes, they will pull out the stops to kill these sorts of leaks.
This is torture beyond doubt, treaty-breaking torture, and the attempts by the British government as well to cover it up will likely become a source of controversy. The road to accountability runs through Britain, America’s accomplice in renditions and torture.
I think this will get quite a bit of play. Even if as Jim White notes there might have been a bit of a scrub of these paragraphs, this is a clear link between U.S. and torture. Or I should say another clear link.
It sure looks as if we will have to depend on the British courts for a while, given that our own justice system has failed, and failed spectacularly.
Related news: Former boy soldier, youngest Guantanamo detainee, heads toward military tribunal
Link.
More, via the UK Guardian.
Read “a lawyer’s letter detailing how the Master of the Rolls condemned MI5 for withholding intelligence from the foreign secretary and the courts over complicity in torture”
Read the Foreign Secretary David Milbrand’s British govt response to the revelations:
Re the “control principle,” per Milbrand it is “the principle that if a country shares intelligence with another, that country must agree before its intelligence is released….
“It agreed that the control principle is integral to intelligence sharing. The court has today ordered the publication of the seven paragraphs because in its view their substance had been put into the public domain by a decision of a US court in another case.”
Full text of Milbrand’s response
Money quote from the UK Guardian article:
And, re the U.S. (from the Guardian article):
Thanks so much, Jeff, for that “money quote”.
And many thanks to you, too, Bill Egnor, for all your work on these issues.
I have my eye on this previously secret statement:
By whom? Doctors or psychologists? And why?
Reports of medical experiments on prisoners are the ticking time bomb of the torture scandal.
What part of war crimes trials must take place does Obama Holder not understand?
Let the torturers ask a judge not to look back, Mr President.
Ironic, isn’t it, that in the end America may find the truth about our own torturers through the legal system of our most important ally — the country that Bush/Cheney so desperately sought to give cover to their illegal invasion and occupation of Iraq?
I think, and this is just me, that is the calculation that it will shut down all work in the Congress. There are problems with the motivation part of trying them too, proving that makes things trickier.
Still, as I point out all the time, if we can not rely on the rule of law, none of the rest matters.
Obama is no different than Bush in his basic indifference to the fate of so called terrorists. Nor of the British government apparently. What sets Obama apart from Bush is that while Bush acted out of sadism Obama acts out of cowardice.
For Obama witholding this sort of incriminating evidence of toture is borne out of a political calculation that it will be fodder for Republican attacks on his anti-terrorist bon fides. Defending himself from Republican attacks is more important to him than dealing with those Americans guilty of toture. But this cowardice from Obama is nothing new.
We have heard from him soaring calls to end toure and act in keeping with our ideals but these are just words he throws out for mass consumption. Obama is at base either a coward or a cynic, more likely equal parts of both.
“This whole situation makes me incredibly angry”. This situation makes me very sad. For more reasons than I can state. Peace to all…
Jane has a fresh cross-post already in progress: Tea Partiers: Ron Paul Bad, ConAgra & Bombing Iran Good
Bill, please pardon this outburst-perhaps I’m just too hung-over with weariness after all these decades. If there is fear of shutting down all work in the Congress, and I certainly defer to your judgment on that, then why has the Senate been allowed to bog down over and over this past year? And, sadly, the Rule of Law can only be relied upon if those in power ensure it is used appropriately, vigorously and applied equally to all. I guess we’re lucky that this crowd uses it as often as they do.
No worries, I get spun up about this too. Plus I don’t think it is right, just that this seems to be the reason we are not seeing these two lawyers (President and AG) failing to follow the law.
Thanks for quoting the Guardian. The NYT’s John F. Burns’ take on this is much more Washington establimentarian. After noting that the British government lost its protracted legal battle over transparency, he describes what it did in response – it immediately published details of the offending summary description, carefully segregating in quotes the British government’s claims from the actual behavior of the US government they describe:
Burns downplays the disclosure by saying that the CIA had previously disclosed, “the so-called “stress” techniques used by American interrogators while questioning terrorist suspects after the Sept. 11 attacks.” He saves for paragraph eight – which most readers never get to – what is “starkly new” in this disclosure:
His final paragraph he gives to the loser, David Miliband, in this litigation (emphasis mine):
Miliband’s spin is comparable to the claim that a Gitmo detainee’s suicide is “asymmetrical warfare”. If that’s the system working, heaven help us when it stops working.
After all that, Mr. Burns avoids the obvious issue. If Mr. Mohamed’s treatment, had it been done by UK authorities, would have amounted to torture, how is it not torture when done by the US?
Note: I should add that Burns does not do what the Guardian did. He does not link to the Foreign Office website or actually cite the seven paragraph description; he merely paraphrases it.
Thank you for helping to expose these crimes against humanity. I am incredibly ashamed of the United States Government (mostly the prior administration, but if the present administration does not hold anyone accountable, then it too) for totally disregarding basic fundamental human rights.
The rights of every human being that the founding fathers had in mind when they wrote the Declaration of Independance and our Constitution have somehow been edited to only be rights of ‘Citizens of the USA’, and from there to ‘Citizens of the USA that are not suspected of terrorism, or of knowing terrorists’.
The longer the true crimes remain hidden and the people responsible are not brought to justice, the more danger ALL of us are in of losing all our rights!
Great post. Thanks very much–I share your anger.
Thanks Jeff. Makes me think that an updated post on assymetrical warfare is needed.
This comment could be expanded for a post as well as your @ 12 comment. Super.
Bill Egnor, thanks for the post.
Most people are worried about their next meal and where they are going to stay today not about terrorists rights.
Please do not feed.
I assume you mean comment 25? Yeah I am with you there.
The Iraqis have given Blackwater (“hundreds” of them) seven days to get the hell out.
Yes.
Do Americans really know what others on the globe think of them? All this torture/terrist crap, has blackened both eyes. I don’t mean what the media reports on how the world thinks America changed for the better because of one election. I mean as a rule. And no it isn’t jealousy. The world sees America as the most dangerous regime hands down, and thinks most Americans are blood thirsty, greedy, users.
This generation of Americans will never live up to the Nuremberg standard
or any other, for that matter. The immediate post WWII world was not yet
the prosperous model of more recent time. They still remember the war and
the consequences of the mentality that planned and started it. Here there
is no historical memory, condemning us to live as children, imagining the
past and remembering the future… Reaganland, Homeland, call it anything
but what it is, an image.
A lot of democratic countries think US gives aid to military states that aid terrorists against democracies, case in point Pakistan.
Thank God they still have the rule of law in Great Britain. We used to have it here in the U.S. I miss it greatly, and hope we’ll get it back some day.
Who precisely do the Brits blame for this cockup and what are they going to do about it?
Well, the British Government is trying not to be blamed. Mr Mohamed and six others are suing the Brits for thier complicity. That goes right tot he Blair government and Blair himself, ultimately. Which is not to say if they are successful it would be a criminal conviction. This is a civil suit.