Open Society Justice Initiative | Globalizing Torture
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Case 2:15-Cv-00286-JLQ Document 182-5 Filed 05/22/17
Case 2:15-cv-00286-JLQ Document 182-5 Filed 05/22/17 Exhibit E Case 2:15-cv-00286-JLQ Document 182-5 Filed 05/22/17 1 2 3 4 Interrogating the Enemy 5 6 7 The Story of the CIA's Interrogation of Top al-Qa'ida Terrorists 8 9 10 (Working Title) 11 By James E. Mitchell, Ph.D., 12 Architect of the CIA Interrogation Program 13 14 With Bill Harlow 15 1 MJ00022577 Case 2:15-cv-00286-JLQ Document 182-5 Filed 05/22/17 1 long time ago not to be offended by this sort of posturing. It frequently went away when 2 you got on the ground and started working. 3 4 The operational psychologist told me that our task on the way over was to rough out a 5 design for the cell where Zubaydah was to be held. We were told that, because of his 6 importance as a potential source of intelligence and the severity of his injury, the cell 7 needed to be lighted 24 hours a day. Closed circuit TV cameras were also required. We 8 wanted Zubaydah focused on the interrogators and for the cell to not be a source of dis- 9 tracting stimulation, so we recommended they paint it white. Speakers were needed so 10 music could be played, mostly as sound masking for security reasons because the 11 guards were located just outside the door, but also, if ordered, as an irritant to wear on 12 him if he chose not to cooperate. -
Guantanamo's Hidden History
Guantanamo’s Hidden History Shocking statistics of starvation June 2009 1 Author: Andy Worthington Copyright © 2009 Cageprisoners All rights reserved. Cageprisoners 27 Old Gloucester Street London WC1N 3XX Telephone: 00 (44) 7973264197 Email: [email protected] 2 INTRODUCTION Today is the third anniversary of the deaths in Guantánamo of three prisoners, Ali al-Salami, Mani al-Utaybi and Yasser al-Zahrani. The anniversary comes just two weeks after the second anniversary of the death of Abdul Rahman al-Amri, the fourth prisoner to die in mysterious circumstances, and just eight days after the death of a fifth prisoner, Muhammad Salih. The authorities maintain that the men died by committing suicide, although doubts about this explanation have repeatedly been voiced by former prisoners. However, it is also significant that all five men were long-term hunger strikers. Cageprisoners is marking this sad anniversary with a brief report about the Guantánamo hunger strikers, and the dreadful toll that prolonged starvation -- and brutal force-feeding, which is the response of the US military -- exacts on prisoners held, for the most part, without charge or trial in a seemingly endless legal limbo. Force-feeding involves prisoners being strapped into a restraint chair and force-fed twice daily against their will, through an agonizing process that involves having a tube inserted into the stomach through the nose. As Clive Stafford Smith, the lawyer for several dozen Guantánamo prisoners, explained in the Los Angeles Times in 2007, with reference to Sami al-Haj, who was released in May 2008, “Medical ethics tell us that you cannot force-feed a mentally competent hunger striker, as he has the right to complain about his mistreatment, even unto death. -
Dr. Aafia Siddiqui
Dr. Aafia Siddiqui Compiled by The Peace Thru Justice Foundation and Families United for Justice in America Foreword by Dr. Tarek Mehanna © Copyright 1433 AH / 2012 AC 2012—All Rights Reserved for all original material contained in this publication. Contact Information: The Peace Thru Justice Foundation 11006 Veirs Mill Road STE L-15, PMB 298 Silver Spring, MD. 20902 Tel: (301) 220-0133 or (202) 246-9608 E-mail: [email protected] website: www.peacethrujustice.org Official Website: www.FreeAafia.org DEDICATION For the Oppressed BEFORE AFTER TABLE OF CONTENTS Introduction .................................................................................7 Foreword: The Aafia Siddiqui I Saw by Dr. Tarek Mehanna ...................................................................17 Family & Friends - Who was Dr. Aafia Siddiqui? An Eyewitness Account by Andy Purcell .........................................................................26 - My Memories of Aafia in Boston by Bashir Hanif .........................................................................32 - Aafia Siddiqui – Memories of MIT to Carswell Prison by Hena Zuberi .........................................................................36 - A Tale of Two Prisoners by Dr. Fowzia Siddiqui ..............................................................42 Other Voices - The Sentencing of Dr. Aafia Siddiqui by Mauri’ Saalakhan .................................................................48 - WikiLeaks Renews Dr. Afia Siddiqui Mystery by John Floyd and Billy Sinclair ..............................................60 -
Government Turns the Other Way As Judges Make Findings About Torture and Other Abuse
USA SEE NO EVIL GOVERNMENT TURNS THE OTHER WAY AS JUDGES MAKE FINDINGS ABOUT TORTURE AND OTHER ABUSE Amnesty International Publications First published in February 2011 by Amnesty International Publications International Secretariat Peter Benenson House 1 Easton Street London WC1X 0DW United Kingdom www.amnesty.org Copyright Amnesty International Publications 2011 Index: AMR 51/005/2011 Original Language: English Printed by Amnesty International, International Secretariat, United Kingdom All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publishers. Amnesty International is a global movement of 2.2 million people in more than 150 countries and territories, who campaign on human rights. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. We research, campaign, advocate and mobilize to end abuses of human rights. Amnesty International is independent of any government, political ideology, economic interest or religion. Our work is largely financed by contributions from our membership and donations CONTENTS Introduction ................................................................................................................. 1 Judges point to human rights violations, executive turns away ........................................... 4 Absence -
Foreign Terrorist Organizations
Order Code RL32223 CRS Report for Congress Received through the CRS Web Foreign Terrorist Organizations February 6, 2004 Audrey Kurth Cronin Specialist in Terrorism Foreign Affairs, Defense, and Trade Division Huda Aden, Adam Frost, and Benjamin Jones Research Associates Foreign Affairs, Defense, and Trade Division Congressional Research Service ˜ The Library of Congress Foreign Terrorist Organizations Summary This report analyzes the status of many of the major foreign terrorist organizations that are a threat to the United States, placing special emphasis on issues of potential concern to Congress. The terrorist organizations included are those designated and listed by the Secretary of State as “Foreign Terrorist Organizations.” (For analysis of the operation and effectiveness of this list overall, see also The ‘FTO List’ and Congress: Sanctioning Designated Foreign Terrorist Organizations, CRS Report RL32120.) The designated terrorist groups described in this report are: Abu Nidal Organization (ANO) Abu Sayyaf Group (ASG) Al-Aqsa Martyrs Brigade Armed Islamic Group (GIA) ‘Asbat al-Ansar Aum Supreme Truth (Aum) Aum Shinrikyo, Aleph Basque Fatherland and Liberty (ETA) Communist Party of Philippines/New People’s Army (CPP/NPA) Al-Gama’a al-Islamiyya (Islamic Group, IG) HAMAS (Islamic Resistance Movement) Harakat ul-Mujahidin (HUM) Hizballah (Party of God) Islamic Movement of Uzbekistan (IMU) Jaish-e-Mohammed (JEM) Jemaah Islamiya (JI) Al-Jihad (Egyptian Islamic Jihad) Kahane Chai (Kach) Kurdistan Workers’ Party (PKK, KADEK) Lashkar-e-Tayyiba -
Survey of Terrorist Groups and Their Means of Financing
SURVEY OF TERRORIST GROUPS AND THEIR MEANS OF FINANCING HEARING BEFORE THE SUBCOMMITTEE ON TERRORISM AND ILLICIT FINANCE OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION SEPTEMBER 7, 2018 Printed for the use of the Committee on Financial Services Serial No. 115–116 ( U.S. GOVERNMENT PUBLISHING OFFICE 31–576 PDF WASHINGTON : 2018 VerDate Mar 15 2010 14:03 Dec 06, 2018 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 G:\GPO PRINTING\DOCS\115TH HEARINGS - 2ND SESSION 2018\2018-09-07 TIF TERRO mcarroll on FSR431 with DISTILLER HOUSE COMMITTEE ON FINANCIAL SERVICES JEB HENSARLING, Texas, Chairman PATRICK T. MCHENRY, North Carolina, MAXINE WATERS, California, Ranking Vice Chairman Member PETER T. KING, New York CAROLYN B. MALONEY, New York EDWARD R. ROYCE, California NYDIA M. VELA´ ZQUEZ, New York FRANK D. LUCAS, Oklahoma BRAD SHERMAN, California STEVAN PEARCE, New Mexico GREGORY W. MEEKS, New York BILL POSEY, Florida MICHAEL E. CAPUANO, Massachusetts BLAINE LUETKEMEYER, Missouri WM. LACY CLAY, Missouri BILL HUIZENGA, Michigan STEPHEN F. LYNCH, Massachusetts SEAN P. DUFFY, Wisconsin DAVID SCOTT, Georgia STEVE STIVERS, Ohio AL GREEN, Texas RANDY HULTGREN, Illinois EMANUEL CLEAVER, Missouri DENNIS A. ROSS, Florida GWEN MOORE, Wisconsin ROBERT PITTENGER, North Carolina KEITH ELLISON, Minnesota ANN WAGNER, Missouri ED PERLMUTTER, Colorado ANDY BARR, Kentucky JAMES A. HIMES, Connecticut KEITH J. ROTHFUS, Pennsylvania BILL FOSTER, Illinois LUKE MESSER, Indiana DANIEL T. KILDEE, Michigan SCOTT TIPTON, Colorado JOHN K. DELANEY, Maryland ROGER WILLIAMS, Texas KYRSTEN SINEMA, Arizona BRUCE POLIQUIN, Maine JOYCE BEATTY, Ohio MIA LOVE, Utah DENNY HECK, Washington FRENCH HILL, Arkansas JUAN VARGAS, California TOM EMMER, Minnesota JOSH GOTTHEIMER, New Jersey LEE M. -
The Cambridge Handbook of Immunities and International Law Edited by Tom Ruys , Nicolas Angelet , Luca Ferro Frontmatter More Information I
Cambridge University Press 978-1-108-41788-4 — The Cambridge Handbook of Immunities and International Law Edited by Tom Ruys , Nicolas Angelet , Luca Ferro Frontmatter More Information i The Cambridge Handbook of Immunities and International Law Few topics of international law speak to the imagination as much as international immunities. Questions pertaining to immunity from jurisdiction or execution under international law surface on a frequent basis before national courts, including at the highest levels of the judicial branch and before international courts or tribunals. Nevertheless, international immunity law is and remains a challenging i eld for practitioners and scholars alike. Challenges stem in part from the uncertainty pertaining to the customary content of some immunity regimes said to be in a ‘state of l ux’, the divergent – and at times directly conl icting – approaches to immunity in different national and international jurisdictions, or the increasing intolerance towards impunity that has accompanied the advance of international criminal law and human rights law. Composed of 34 expertly written contributions, the present volume uniquely provides a comprehensive tour d’horizon of international immunity law, traversing a wealth of national and international practice. tom ruys is a professor of international law at Ghent University where he heads the Ghent Rolin- Jaequemyns International Law Institute. He holds a doctoral degree from the University of Leuven and is a member of the Brussels Bar. Tom is co- editor- in- chief of the Journal on the Use of Force and International Law and the Military Law and Law of War Review . He has been awarded the Francis Lieber Prize (2015 article prize and 2011 book prize) as well as the Francis Deák Prize (2015). -
Imprisonment and the Separation of Judicial Power: a Defence of a Categorical Immunity from Non-Criminal Detention
IMPRISONMENT AND THE SEPARATION OF JUDICIAL POWER: A DEFENCE OF A CATEGORICAL IMMUNITY FROM NON-CRIMINAL DETENTION J EFFREY S TEVEN G ORDON* [e fundamental principle that no person may be deprived of liberty without criminal conviction has deteriorated. Despite a robust assertion of the principle by Brennan, Deane and Dawson JJ in Chu Kheng Lim v Minister for Immigration, subsequent jurisprudence has eroded it and revealed stark division amongst the Justices of the High Court. is article clarifies the contours of the disagreement and defends the proposition that, subject to a limited number of categorical exceptions, ch III of the Constitution permits the involuntary detention of a person in custody only as a consequential step in the adjudication of the criminal guilt of that person for past acts. is article proposes a methodology for creating new categories of permitted non-criminal detention and applies that methodology to test the constitutionality of the interim control orders considered in omas v Mowbray.] C ONTENTS I Introduction ............................................................................................................... 42 II Legislative Power, Judicial Power and Imprisonment .......................................... 46 A From Which Section Does the So-Called ‘Constitutional Immunity’ from Executive Detention Originate? ........................................................ 51 1 Does the Legislative Power of the Commonwealth Conferred by Section 51 Extend to Authorising Imprisonment Generally? ............................................................... 52 2 Does Chapter III Have Any Operation When Parliament Enacts a Law Authorising Imprisonment? ................................... 55 * BSc (Adv) (Hons), LLB (Hons) (Syd), LLM (Columbia). Sincerest thanks to Peter Gerangelos for reading a dra, for generous advice, and for sparking my interest during his fascinating course on Advanced Constitutional Law at the University of Sydney. -
Globalizing Torture Cia Secret Detention and Extraordinary Rendition
GLOBALIZING TORTURE CIA SECRET DETENTION AND EXTRAORDINARY RENDITION ENDNOTES GLOBALIZING TORTURE CIA SECRET DETENTION AND EXTRAORDINARY RENDITION 2 Copyright © 2013 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ISBN: 978-1-936133-75-8 PUBLISHED BY: Open Society Foundations 400 West 59th Street New York, New York 10019 USA www.opensocietyfoundations.org FOR MORE INFORMATION CONTACT: Amrit Singh Senior Legal Officer National Security and Counterterrorism [email protected] DESIGN AND LAYOUT BY: Ahlgrim Design Group PRINTED BY: GHP Media, Inc. PHOTOGRAPHY: Cover photo © Ron Haviv/VII 3 CONTENTS ACKNOWLEDGMENTS AND METHODOLOGY 4 EXECUTIVE SUMMARY 5 RECOMMENDATIONS 9 SECTION I: INTRODUCTION 11 SECTION II: THE EVOLUTION OF CIA SECRET DETENTION AND 13 EXTRAORDINARY RENDITION OPERATIONS Extraordinary Rendition 13 Secret Detention and “Enhanced Interrogation Techniques” 15 Current Policies and Practices 19 SECTION III: INTERNATIONAL LEGAL STANDARDS APPLICABLE TO 22 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION Torture and Cruel, Inhuman, and Degrading Treatment 23 Transfer to Torture or Cruel, Inhuman, or Degrading Treatment 25 Arbitrary Detention and Enforced Disappearance 26 Participation in Secret Detention and Extraordinary Rendition Operations 27 SECTION IV: DETAINEES SUBJECTED TO POST-SEPTEMBER 11, 2001, 29 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION SECTION V: FOREIGN GOVERNMENT PARTICIPATION IN 61 CIA SECRET DETENTION AND EXTRAORDINARY RENDITION SECTION VI: CONCLUSION 119 ENDNOTES 120 4 ACKNOWLEDGMENTS This report was written by Amrit Singh, Senior Legal Officer for the Open Society Justice Initiative’s National Security and Counterterrorism program, and edited by David Berry. -
Global War on Terrorism and Prosecution of Terror Suspects: Select Cases and Implications for International Law, Politics, and Security
GLOBAL WAR ON TERRORISM AND PROSECUTION OF TERROR SUSPECTS: SELECT CASES AND IMPLICATIONS FOR INTERNATIONAL LAW, POLITICS, AND SECURITY Srini Sitaraman Introduction The global war on terrorism has opened up new frontiers of transnational legal challenge for international criminal law and counterterrorism strategies. How do we convict terrorists who transcend multiple national boundaries for committing and plotting mass atrocities; what are the hurdles in extraditing terrorism suspects; what are the consequences of holding detainees in black sites or secret prisons; what interrogation techniques are legal and appropriate when questioning terror suspects? This article seeks to examine some of these questions by focusing on the Global War on Terrorism (GWOT), particularly in the context of counterterrorism strategies that the United States have pursued towards Afghanistan-Pakistan (Af-Pak) since the September 2001 terror attacks on New York and Washington D.C. The focus of this article is on the methods employed to confront terror suspects and terror facilitators and not on the politics of cooperation between the United States and Pakistan on the Global War on Terrorism or on the larger military operation being conducted in Afghanistan and in the border regions of Pakistan. This article is not positioned to offer definitive answers or comprehensive analyses of all pertinent issues associated with counterterrorism strategies and its effectiveness, which would be beyond the scope of this effort. The objective is to raise questions about the policies that the United States have adopted in conducting the war on terrorism and study its implications for international law and security. It is to examine whether the overzealousness in the execution of this war on terror has generated some unintended consequences for international law and complicated the global judicial architecture in ways that are not conducive to the democratic propagation of human rights. -
A Decade Lost I ABOUT the AUTHORS
A DECADE LOST i ABOUT THE AUTHORS The Center for Human Rights and Global Justice (CHRGJ) brings together and expands the rich array of teaching, research, clinical, internship, and publishing activities undertaken within New York University (NYU) School of Law on international human rights issues. Philip Alston and Ryan Goodman are the Center’s Faculty co-Chairs; Smita Narula and Margaret Satterthwaite are Faculty Directors; Jayne Huckerby is Research Director; and Veerle Opgenhaffen is Senior Program Director. The Global Justice Clinic (GJC) at NYU School of Law provides high quality, professional human rights lawyering services to individual clients and non-governmental and inter-governmental human rights organizations, partnering with groups based in the United States and abroad. Working as legal advisers, counsel, co-counsel, or advocacy partners, Clinic students work side-by-side with human rights activists from around the world. The Clinic is directed by Professor Margaret Satterthwaite and in Fall 2010 to Spring 2011 was co-taught with Adjunct Assistant Professor Jayne Huckerby; Diana Limongi is Clinic Administrator. All publications and statements of the CHRGJ can be found at its website: www.chrgj.org. This Report should be cited as: Center for Human Rights and Global Justice, A Decade Lost: Locating Gender in U.S. Counter-Terrorism (New York: NYU School of Law, 2011). © NYU School of Law Center for Human Rights and Global Justice A DECADE LOST 1 ACKNOWLEDGEMENTS The Global Justice Clinic (GJC)/Center for Human Rights and Global Justice (CHRGJ) at New York University (NYU) School of Law acknowledges the following individuals for their contributions in the preparation of this report. -
True and False Confessions: the Efficacy of Torture and Brutal
Chapter 7 True and False Confessions The Efficacy of Torture and Brutal Interrogations Central to the debate on the use of “enhanced” interrogation techniques is the question of whether those techniques are effective in gaining intelligence. If the techniques are the only way to get actionable intelligence that prevents terrorist attacks, their use presents a moral dilemma for some. On the other hand, if brutality does not produce useful intelligence — that is, it is not better at getting information than other methods — the debate is moot. This chapter focuses on the effectiveness of the CIA’s enhanced interrogation technique program. There are far fewer people who defend brutal interrogations by the military. Most of the military’s mistreatment of captives was not authorized in detail at high levels, and some was entirely unauthorized. Many military captives were either foot soldiers or were entirely innocent, and had no valuable intelligence to reveal. Many of the perpetrators of abuse in the military were young interrogators with limited training and experience, or were not interrogators at all. The officials who authorized the CIA’s interrogation program have consistently maintained that it produced useful intelligence, led to the capture of terrorist suspects, disrupted terrorist attacks, and saved American lives. Vice President Dick Cheney, in a 2009 speech, stated that the enhanced interrogation of captives “prevented the violent death of thousands, if not hundreds of thousands, of innocent people.” President George W. Bush similarly stated in his memoirs that “[t]he CIA interrogation program saved lives,” and “helped break up plots to attack military and diplomatic facilities abroad, Heathrow Airport and Canary Wharf in London, and multiple targets in the United States.” John Brennan, President Obama’s recent nominee for CIA director, said, of the CIA’s program in a televised interview in 2007, “[t]here [has] been a lot of information that has come out from these interrogation procedures.