The Guardian: British Officials Devised Torture Policy for Detainees

Bravo to Ian Cobain and Richard Norton-Taylor. Amidst the UK-US collusion to prevent documents on torture being seen by the British High Court and the attempt to prevent the story of the abuse of Guantanamo Bay detainee Binyam Mohamed (pictured) from emerging, they are explaining how Government officials established torture as a policy. This is the article that will appear in tomorrow's Guardian:

Whitehall devised torture policy for terror detainees

A policy governing the interrogation of terrorism suspects in Pakistan that led to British citizens and residents being tortured was devised by MI5 lawyers and figures in government, according to evidence heard in court.

A number of British terrorism suspects who have been detained without trial in Pakistan say they were tortured by Pakistani intelligence agents before being questioned by MI5. In some cases their accusations are supported by medical evidence.

The existence of an official interrogation policy emerged during cross-examination in the high court in London of an MI5 officer who had questioned one of the detainees, Binyam Mohamed, the British resident currently held in Guantánamo Bay. The officer, who can be identified only as Witness B, admitted that although Mohamed had been in Pakistani custody for five weeks, and he knew the country to have a poor human rights record, he did not ask whether he had been tortured or mistreated, did not inquire why he had lost weight, and did not consider whether his detention without trial was illegal.

Mohamed is expected to return to Britain soon after ending a five-week hunger strike at Guantánamo Bay, where he was being force-fed. After he was seen by British officials and a doctor over the weekend, the Foreign Office said he was medically fit to travel.

Cross-examined in the high court last year, Witness B acknowledged that Mohamed was in "an extremely vulnerable position" when he questioned him in Karachi in 2002. The MI5 officer admitted telling him that "he would get more lenient treatment if he cooperated", and said that he knew he was to be transferred to US custody.

Witness B was asked by Dinah Rose QC, for Mohamed: "Was it your understanding that it was lawful for Mr Mohamed to be transferred to the US authorities in this way?" Witness B replied: "I consider that to be a matter for the security service top management and for government."

Asked then whether the transfer concerned him, Witness B replied: "I was aware that the general question of interviewing detainees had been discussed at length by security service management legal advisers and government, and I acted in this case, as in others, under the strong impression that it was considered to be proper and lawful." He denied that he had threatened Mohamed and said the prisoner appeared well enough to be questioned.

Mohamed was eventually able to tell lawyers that before being questioned by MI5 he had been hung from leather straps, beaten and threatened with a firearm by Pakistani intelligence officers. After the meeting with MI5 he was "rendered" to Morocco where he endured 18 months of even more brutal torture, including having his genitals slashed with a scalpel. Some of the questions put to him under torture in Morocco were based on information passed by MI5 to the US.

The Guardian has learned from other sources that the interrogation policy was directed at a high level within Whitehall and that it has been further developed since Mohamed's detention in Pakistan. Evidence of this might emerge from 42 undisclosed US documents seen by the high court and sent to the MPs and peers on the intelligence and security committee (ISC).

Lawyers representing Mohamed went to the high court in an attempt to secure the disclosure of the documents, but the court reluctantly refused earlier this month after David Miliband, the foreign secretary, said such a move would damage national security and UK-US relations.

Miliband's position in the affair came under renewed attack yesterday after it emerged that his officials solicited a letter from the US state department to back up his claim that if the evidence was disclosed, Washington might stop sharing intelligence with Britain. The claim persuaded the high court judges to suppress what they called "powerful evidence" relating to Mohamed's ill-treatment.

Edward Davey, the Liberal Democrat foreign affairs spokesman, today described the move as possibly "one of the most outrageous deceptions of parliament, the judiciary and the British people. There must be an immediate investigation, with all related correspondence made public."

The FCO said it asked the US to make its position clear in writing "to inform both us and the court". It said it was "both perfectly sensible and the correct thing to do".

The high court said it was now up to the ISC to "hold those in charge of the secret intelligence service and security service and her majesty's government to account".

In a letter to the committee, Clive Stafford Smith, the director of Reprieve, says: "The ISC would want to know whether the intelligence services brought the issue of Mr Mohamed's abuse to the attention of the prime minister (then Mr Blair) – and, if not, why not." He said if the evidence had been brought to Blair's attention, "the ISC would want to know what, if anything, was done about it. If nothing was done, that would raise serious questions about the respect that the UK government has for its obligations under the convention against torture."

Evidence heard by the court in-camera – once the public and the media had been excluded – resulted in Jacqui Smith, the home secretary, asking the attorney general, Lady Scotland, to investigate "possible criminal wrongdoing" by both American and British security and intelligence officers.

Witness B's testimony is expected to be considered by MPs and peers on parliament's joint committee on human rights, which has begun an inquiry into allegations of British collusion in the torture of detainees in Pakistan, and is asking Miliband and Smith to give evidence.

A number of British terrorism suspects have been questioned by British intelligence officials, including MI5 officers, after periods of alleged torture by Pakistani interrogators. Last year Manchester crown court heard that MI5 and Greater Manchester police passed questions to Pakistani interrogators so they could be put to Rangzieb Ahmed, 35, from Rochdale. MI5 officers also interviewed him while he was in custody, although the head of the consular division at the British high commission was not informed about his detention for nine months. By the time Ahmed was deported to the UK 13 months later, and successfully prosecuted for terrorism offences, three of his fingernails had disappeared from his left hand. He says they were removed with pliers while he was being questioned about his associates in Pakistan, the July 2005 terrorist attacks in London, and an alleged plot against the United States.

While other detainees have also subsequently been prosecuted or deported to the UK and made subject to control orders, one vanished in bizarre circumstances and was subsequently said to have been killed in a US missile attack, although his family has not been given his body. A number have been released without charge.

A medical student from London who was held for almost two months in a building opposite the offices of the British deputy high commission in Karachi says he was tortured while being questioned about the 2005 London bombings before being questioned by British intelligence officers. He was released without charge and is now working at a hospital on the south coast of England, but is thought to remain deeply traumatised.

Mr Obama's World: Alerts in US Foreign Policy (13 February)

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10 p.m. And yet more manoeuvring on Iran. The US State Department has condemned the Iranian Government's charges of espionage against seven members of the Baha'i religious community.

9:45 p.m. An interesting political twist in Iraq. Former Prime Minister Ayad  Allawi has warned that the country's fragile political stability could be broken if national elections later this year are as unfair as last month's provincial polls: ""If we don't rectify, if the process is not inclusive, and there are not laws in Iraq to clarify the funding and the capabilities of the various groups ... then we unfortunately will have a catastrophe in the next elections."

Evening Update (8:40 p.m): Here comes the Magic Link. The US Government has now tied its suspension of missile defence deployment in Eastern Europe to Russian agreement to end assistance to Iran's nuclear energy programmes: ""If we are able to work together to dissuade Iran from pursuing a nuclear weapons capability, we would be able to moderate the pace of development of missile defenses in Europe," said a "senior Administration official".

Secretary of State Hillary Clinton has said that if North Korea "completely and verifiably" ends its nuclear arms programme, then the US is willing to normalize ties.

8:30 p.m. We've just posted a separate entry on how folks itching for a showdown with Iran have effectively thrown out the latest US intelligence assessment that there is no evidence Tehran has resumed production of nuclear weapons.

1:30 p.m. Afghan authorities have condemned a raid by Australian forces in which five children died.

10:20 a.m. In his first day of talks in Afghanistan, US envoy Richard Holbrooke will meet the Ministers of Defense and Interior. He sees Afghan President Hamid Karzai on Saturday.

9:55 a.m. A quiet start to the day has been disrupted violently by a suicide bomb south of Baghdad. At least 32 Shi'a pilgrims have been killed and 84 injured.

The attack is the second on Shi'a pilgrims this week, following the killing of eight people yesterday in Karbala.

Morning Update (9 a.m. GMT; 4 a.m. Washington): We're taking advantage of a slow news period to post a series of analyses: Afghan President Hamid Karzai's attempt to seize the public relations initiative from the US, the Director of National Intelligence's statement that there is no evidence for resumption of an Iranian nuclear weapons programme, and --- most importantly --- confirmation in US Government documents of extraordinary rendition, "ghost detainees", and torture.

US Government Documents: Proof of "Ghost Detention", Torture, Death

Last night we closed an update with a note that CNN had just reported on hundreds of pages of documents obtained by Amnesty International USA, New York University’s Center for Human Rights and Global Justice, and the Center for Constitutional Rights — which established that the Pentagon sought loopholes in the Geneva Conventions to hide “ghost detainees”. They also confirmed that the Bush Administration delayed the release of Guantanamo Bay detainees to avoid negative publicity.

This morning the American Civil Liberties Union has released two pages from a Department of Defense document concerning the death of two detainees at Camp Bagram in Afghanistan:

"In both cases, for example, [prisoners] were handcuffed to fixed objects above their heads in order to keep them awake. Additionally, interrogations in both incidents involved the use of physical violence, including kicking, beating, and the use of "compliance blows" which involved striking the [prisoners] legs with the [interrogators] knees. In both cases, blunt force trauma to the legs was implicated in the deaths. In one case, a pulmonary embolism developed as a consequence of the blunt force trauma, and in the other case pre-existing coronary artery disease was complicated by the blunt force trauma.

Seven years after the Bush Administration effectively set aside the Geneva Conventions, declaring they were not relevant to US detentions from Guantanamo Bay to Camp Bagram to CIA "black sites" in North Africa and Eastern Europe, five years after Abu Ghraib, here are the documents establishing not only that detainees were tortured and, yes, murdered. Here is the evidence that US Government officials sanctioned the renditions and "enhanced interrogations" and that they were willing to lie to cover up the programme they had authorised.

It was with a sense of expectation that I have just turned to the headlines in The New York Times, The Washington Post, The Times of London. And here is what I found: nothing. I cannot find the story in any "mainstream" US or British newspaper this morning.

Full credit to CNN. And full credit to Harper's, Mother Jones and The Raw Story because, without outlets such as these, "ghost detainees" --- and what happens to them --- would remain, well, ghosts.

Mr. Obama's World: Alerts in US Foreign Policy (12 February)

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9:30 p.m. A relatively quiet foreign policy day, as domestic politics --- notably Republican Judd Gregg's withdrawal from his nomination as Commerce Secretary because of "irreconcilable policy differences" with President Obama --- occupy Washington.

One emerging story is a lawsuit by three human rights organisations --- Amnesty International USA, New York University's Center for Human Rights and Global Justice, and the Center for Constitutional Rights --- claiming that the Pentagon sought loopholes in the Geneva Conventions to hide "ghost deatinees" and that the Bush Administration delayed the release of Guantanamo Bay detainees to avoid negative publicity. We'll have more on this tomorrow.



4:30 p.m. We're off the clock for awhile on emergency business (dinner and a movie). Back with an Evening Update.

2:20 p.m. Eight Iraqi pilgrims have been killed and 18 wounded by a bomb less than 1/2 mile from the Imam Hussein Mosque in Karbala.

1:40 p.m. A couple of items of note from US envoy Richard Holbrooke's trip to Pakistan. Former Prime Minister Nawaz Sharif, who met Holbrooke earlier today (see 6:45 a.m.), has issued a co-operative statement: ""There's a change in [US] approach towards Pakistan. They do give importance to the people of Pakistan and their emotions and that's the feeling that I got from today's meeting."

It is now being reported, as we projected in a separate entry, that Holbrooke and Pakistan Foreign Minister Shah Mahmood Qureshi will head a joint committee "improving intelligence sharing and strengthen security".

12 noon. Further violence in Iraq today. A car bomb in Mosul has killed four policemen and wounded five. Two senior Sunni politicians have been killed by gunmen in Mosul, and a former army officer has been killed in Khaldiya.

10:15 a.m.Of course, today's statement by Pakistani Interior Minister Rehman Malik, admitting that "some part of the conspiracy" behind December's attacks in Mumbai was planned in Pakistan, has nothing to do whatsoever with the visit of US envoy Richard Holbrooke.

Morning Updates (6:45 a.m. GMT; 1:45 a.m. Washington): Quiet start this morning, after yesterday was dominated by news of bombings and violences in Afghanistan, Pakistan, and Iraq.

Secretary of State Hillary Clinton will name Stephen Bosworth, the Dean of the Fletcher School of Law and Diplomacy, as US envoy to North Korea. The move, accompanying yesterday's confirmation that a US delegation will attend the six-party talks in Moscow on North Korea next week, signals the Obama Administration's diplomatic engagement with Pyongyang. It is a far cry from the George W. Bush Administration, which shut down talks with North Korea soon after taking office in 2001.

In Pakistan, US envoy Richard Holbrooke has met former Prime Minister Nawaz Sharif. No details on the conversation, but it is a signal of a change in American strategy, reaching out to politicians that had not been favoured by the Bush Administration. Sharif was sent into exile by General Pervez Musharraf and only returned to Pakistan with the strong backing of Saudi Arabia. He had been seen by Washington as too sympathetic to "conservative" elements in Pakistan, both religious and political, to be an alternative to President Zardari.