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Human Rights Fact-Finding and the CIA's Rendition, Detention And

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Human Rights Fact-Finding and the CIA's Rendition, Detention And This is a repository copy of Human rights fact-finding and the CIA’s rendition, detention and interrogation programme: A response to Cordell. White Rose Research Online URL for this paper: http://eprints.whiterose.ac.uk/121354/ Version: Accepted Version Article: Blakeley, R.J. and Raphael, S. (2017) Human rights fact-finding and the CIA’s rendition, detention and interrogation programme: A response to Cordell. International Area Studies Review. ISSN 2233-8659 10.177/223386591735428 Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. 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[email protected] https://eprints.whiterose.ac.uk/ Human Rights Fact-F CIA R D I P A Response to Cordell Professor Ruth Blakeley (University of Sheffield) and Dr Sam Raphael (University of Westminster) Introduction In the wake of the 9/11 terror attacks on New York and Washington, the CIA developed a highly secretive programme for the kidnap, T CIA Rendition, Detention and Interrogation (RDI) programme saw the CIA build and run a global network of secret prisons wherein at least 119 prisoners were held for months and year on end, incommunicado, and with no access to legal representation. The excruciating details of the torture and abuse of prisoners has emerged over many years, and was confirmed at length in December 2014, when the US Senate Select Committee on Intelligence published the heavily redacted 499-page Executive Summary of its investigation into CIA torture (SSCI 2014) (hereafter SSCI report). The torture included drowning to the point of unconsciousness, repeated beatings, the use of ice baths and hoses to induce hypothermia, sleep deprivation for more than a week at a time, painful stress positions for months at a time, prolonged confinement in extremely small boxes, and sexual assault by forced feeding through the rectum (SSCI 2014: 3-4). Prisoners were threatened with power drills and subjected to mock executions, and were often beaten so severely that they passed out. Those detained in the CIA programme were subjected to a regime designed, as one interrogator stated, to (ICRC 2007: 17). In January 2011, we were awarded a UK Economic and Social Research Council grant to map and CIA ‘DI ramme.1 As we describe in detail elsewhere (Raphael et al. 2015), identifying the aircraft that were secretly contracted by the CIA for the transfer of prisoners between its secret network of prison sites, and tracking the movements of those aircraft through the collection of related air traffic control data, has been central to our efforts to map the evolution of the RDI programme. Well before the publication of the SSCI report in 2014, through our collaborative work with the UK legal action charity Reprieve, we were able to identify the locations of a number of the secret prison sites the CIA had built, or those sites where prisoners were being held by third party states on behalf of the CIA. We were able to match specific prisoners to specific rendition operations by specific aircraft. Our work involved the collection, collation, and analysis of over 11,000 flight records, pertaining to all flights by aircraft known or suspected of involvement in the RDI programme between 2001 and 2010, culminating in our development of the Rendition Flights Database (Raphael and Blakeley 2013) (hereafter, Database). With the publication of the SSCI report, many of our findings were corroborated, while we have also been able to match further prisoners to specific rendition operations. Our investigation is ongoing, and has developed a number of investigative research methods which continue to reveal the dynamics of the RDI programme. Some of these new findings are described below. I M International Area Studies Review, Rebecca Cordell seeks to subject the Rendition Flights Database to a model-based statistical analysis. She argues that her analysis suggests that more countries were CIA our work has previously established, and that many more flights in the Database than we have identified are likely to be connected to rendition operations. While we would not dispute the likelihood that both of these statements are correct, and we have always presented our findings with an acknowledgement that they provide a necessarily 1 Economic and Social Research Council: The Globalisation of Rendition and Secret Detention, RES-000-22-4417 1 limited account of the RDI programme, we suggest that C should be approached with some caution. This is so for two reasons. First, her findings although derived through a different mode of analysis from our own do not appear to move beyond those we have already published. Although it has been difficult to verify the exact overlap, given that Cordell has not published her full findings, we have for several years published details of nearly 500 flights in the Database which involved a landing at an airport close to a known secret detention location, or known prisoner pick-up location.2 These flights are part of circuits which involve more than 80 C (p. 5), appear in the Database, as do the . A C replicates our existing findings. This is, of course, welcome. Second, as we explain below, because Cordell has not triangulated her analysis with either data relating to transfers of specific prisoners, or with evidence relating to which countries hosted prisons for the CIA, and the operational dates for these prisons, we question her claim that the flights she has identified from the D In this article, we aim to demonstrate the importance of having a clear understanding of the limitations of big data when researching violations of human rights, especially where such data is related to covert operations. We also seek to show why the Renditions Flights Database only has merit when it is triangulated with a wide range of supplementary sources, including first-hand accounts by prisoners themselves, declassified documents from the US Government, and the findings of parliamentary, journalist and legal investigations. It is this process of triangulation which gives the flight data meaning and which makes it of value for establishing the facts of prisoner detention, rendition and torture. The Rendition Flights Database Methodology We begin by offering a brief account of the methodology we used to collate and analyse the air traffic control data relating to aircraft involved in rendition operations. Each aircraft in the Database has been included because it has been the focus of one or more past investigations into CIA rendition. However, this does not mean that all of these aircraft were actually involved in the RDI programme, and indeed it is highly likely that a number were not. Even where aircraft have been demonstrated to have some connection with the programme, or there are otherwise grounds to suspect their involvement, it does not follow that all flights by that aircraft in the Database are linked to rendition and secret detention. Indeed, many of the aircraft associated with rendition are privately owned, and performed business for the CIA alongside a range of other clients (both US Government and private.) Many of the flights in the Database therefore have nothing to do with rendition, and will not even have any connection with the US Government. In determining which flights in the Database were, or might have been, rendition operations, we initially ordered all of the data by aircraft tail number and date, and determined whether particular patterns of journeys were indicative of a rendition operation having taken place.3 Many rendition circuits have a similar 'fingerprint'. Aircraft would fly from their home base, usually on or near the east coast of the US, to Washington Dulles International Airport. There they would stop for around an hour while the rendition team were brought on board. Then they would fly towards the pick-up airport, often stopping en route to refuel, and occasionally stopping overnight. The rendition flight itself, however, was usually focused and direct. The aircraft would stop at the pick-up and drop-off airports for a short time often under an hour unless it was on a US-controlled airbase (such as in Afghanistan). It would generally be at night, and the transfer would be a direct flight where possible, stopping only for refuelling where absolutely necessary (such as the renditions from Southeast Asia to North Africa which stopped on the British Indian Ocean Territory of Diego Garcia). Circuits rarely 2 https://www.therenditionproject.org.uk/flights/flight-database.html 3 We provide a detailed account of our methodology here: http://www.therenditionproject.org.uk/flights/methodology.html 2 involved one aircraft shuttling between airports, picking up detainees on the way (although the September 2003 rendition of numerous 'High-Value Detainees' between prisons is an exception to this). Detainees were never taken out of the aircraft while stopped en route, and only left on the aircraft for extended periods of time where events did not go to plan (such as the June 2004 aborted rendition of Laid Saidi from Afghanistan to Tunisia).4 After all renditions had been completed, the aircraft would then often stop overnight at one or other of the 'rest and relaxation' points, such as the Azores or the Turks and Caicos islands.
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