Tag Archives: convention against torture

Scientific Torture

Comment from Donald Rumsfeld: "I stand for 8–10 hours a day. Why is standing [by prisoners] limited to four hours?" Image from wikipedia

Was the Central Intelligence Agency’s post-9/11 “enhanced interrogation” program an instance of human experimentation?

Recently declassified documents raise this explosive question. The documents were obtained by the American Civil Liberties Union in connection with a federal lawsuit scheduled for trial on September 2017. The case was brought on behalf of three former detainees against two psychologists who developed the C.I.A.’s program..[T]he C.I.A. paid the psychologists to develop a research methodology and instructed physicians and other medical staff members at clandestine detention sites to monitor and chart the health conditions of detainees.

In response, the advocacy group Physicians for Human Rights has charged that the program was an unlawful experiment on human beings. It calls the program “one of the gravest breaches of medical ethics by United States health professionals since the Nuremberg Code,” the ethical principles written to protect people from human experimentation after World War II. In its lawsuit, the A.C.L.U. is pressing a similar claim….

To some degree, the documents suggest, the two psychologists resisted pressure within the C.I.A. for rigorous assessment of the program’s efficacy. They argued that interrogation strategies can’t be standardized and therefore can’t be compared, like medical treatments, in randomized, prospective fashion. But backers of more systematic assessment seem to have won out. In an undated document, the C.I.A.’s chief of medical services chided Dr. Mitchell and Dr. Jessen for treating the torture program as an “art form” that “could not be objectively analyzed,” then pressed the “need to look more objectively for the least intrusive way to gain cooperation.”…

Given that, in the words of President Barack Obama, “we tortured some folks,” isn’t it better to have learned something about the toll on bodies and minds?… Here’s why it may be….Prohibiting data collection as an adjunct to torture makes it harder for perpetrators to hone their technique. It stands in the way of efforts to make torture, like some medical procedure, “safe and effective.” And it keeps apologists from rationalizing that abuse is acceptable since researchers are making improvements.  Observational studies of the torturer’s craft victimize people by legitimizing it. And they put future captives at greater risk for becoming victims.

Excerpts from  M. GREGG BLOCHE , When Torture Becomes Science, New York Times, Aug. 12, 2017 full article

The CIA Black Sites at the European Court of Human Rights

CIA black sites. image amnesty USA

The CIA ran a secret jail on Polish soil, the European Court of Human Rights ruled on July 24, 2014, piling pressure on Poland, one of Washington’s closest allies, to break its long silence about the global programme for detaining al Qaeda suspects.  The court said it had been established that the CIA used a facility in a northern Polish forest, code named “Quartz”, as a hub in its network for interrogating suspected al Qaeda operatives rounded up after the Sept. 11, 2001 attacks.

Poland has always denied that the CIA had a jail on its territory, even as leaks from former U.S. intelligence officials, and a Senate investigation, brought more and more details of the programme into the open.  The July 24, 2014 ruling was the first time that a court in Europe had said that the CIA operated one of the secret jails – often referred to as “black sites” -on the continent.

Amrit Singh, a lawyer with the Open Society Justice Initiative who acted for one of the men who brought the case, told Reuters both Poland and the United States would have to take note of what she called an historic ruling…The court case was brought by lawyers for two men, Saudi-born Abu Zubaydah, and Saudi national Abd al-Rahim al-Nashiri, who are now both inmates at Guantanamo Bay, the U.S. military’s prison on Cuba.

They alleged they were flown in secret to a remote Polish airfield, then transferred to the CIA-facility near the village of Stare Kiejkuty where they were subject to treatment they said amounted to torture.  Lawyers for Nashiri said one on occasion he was forced to stand naked and hooded in his cell while his interrogator operated a power drill, making the detainee believe he would be harmed. In another incident, the lawyers said, an interrogator cocked a pistol next to Nashiri’s head.

The court ruled that, despite the wall of secrecy around the U.S.-led “extraordinary rendition” programme, there was enough circumstantial evidence to say beyond reasonable doubt that both men were held at a CIA-run facility in Poland. It said Poland knew about their detention and should have known they were at risk of ill-treatment.

The court found Poland violated its obligations under the European Convention on Human Rights to prevent torture, ensure the right to liberty, and properly investigate allegations a crime had been committed on its territory.  It ordered Poland to pay al-Nashiri 100,000 euros in damages and 130,000 euros to Zubaydah….

The ruling from Strasbourg may have implications for other European states alleged to have hosted CIA prisons: similar cases have been lodged with the court in Strasbourg against Romania and Lithuania. The court ruling did not directly cover the United States, which is outside its jurisdiction.

Excerpt from CHRISTIAN LOWE European court says CIA ran secret jail in a Polish forest, Reuters, July 24, 2014

Torture in Afghanistan: following the master

Image from wikipedia

The UN report (2013), titled “Treatment of Conflict-Related Detainees in Afghan Custody,” offered a grim tour of Afghanistan’s detention facilities, where even adolescents have reported abuse like beatings with hoses and pipes and threats of sodomy.

In the case of the intelligence service, the United Nations reported a lower incidence of torture. But it was not clear whether that finding reflected improved behavior as much as it did a decrease in the number of detainees handed over to the intelligence service by the international military coalition. And some detainees have alluded to new secret interrogation centers.

The Afghan government rejected the report’s specific allegations but said that there were some abuses, and that it had taken numerous steps to improve the treatment of detainees. The government gave United Nations officials access to those held in all but one detention facility.Among the questions raised by the report is whether the pervasiveness of torture will make it difficult for the American military to hand over those being held in the Parwan Detention Facility, also known as Bagram Prison, as required under the agreement reached last week in Washington between President Obama and President Hamid Karzai of Afghanistan.  The United Nations did not look at the Parwan Detention Facility, in part because it is not yet wholly under Afghan control….

After a United Nations report on torture in 2011, the international coalition suspended transfers of battlefield detainees to 16 Afghan detention sites. ISAF resumed transfers to most of those centers after certifying that they were complying with human rights protocols. Then, in October 2012, the coalition received new reports of torture and abuse and halted some of the transfers that it had restarted only months before, the United Nations report said. The United Nations has briefed ISAF at several points in the course of its research, which included interviews with more than 600 detainees as well as employees of the Afghan intelligence service, the Afghan police, judges and prosecutors….The Afghan government’s 20-page response, which is included in the United Nations report, rejected all specific allegations, including “beating with rubber pipes or water pipes, forced confession, suspension, twisting of the detainees’ penises and wrenching of the detainees’ testicles, death threats, sexual abuse and child abuse.”

ALISSA J. RUBIN, Anti-Torture Efforts in Afghanistan Failed, U.N. Says, NY Times, Jan. 20, 2012

See also Convention against Torture