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Rule Change Lets
C.I.A. Freely Send Suspects Abroad to Jails
New York Times
By DOUGLAS JEHL and DAVID JOHNSTON
March 6, 2005
WASHINGTON, March 5 - The Bush administration's
secret program to transfer suspected terrorists to foreign countries
for interrogation has been carried out by the Central Intelligence
Agency under broad authority that has allowed it to act without
case-by-case approval from the White House or the State or Justice
Departments, according to current and former government officials.
The unusually expansive authority for the
C.I.A. to operate independently was provided by the White House
under a still-classified directive signed by President Bush within
days of the Sept. 11, 2001, attacks at the World Trade Center
and the Pentagon, the officials said.
The process, known as rendition, has been
central in the government's efforts to disrupt terrorism, but
has been bitterly criticized by human rights groups on grounds
that the practice has violated the Bush administration's public
pledge to provide safeguards against torture.
In providing a detailed description of
the program, a senior United States official said that it had
been aimed only at those suspected of knowing about terrorist
operations, and emphasized that the C.I.A. had gone to great lengths
to ensure that they were detained under humane conditions and
not tortured.
The official would not discuss any legal
directive under which the agency operated, but said that the "C.I.A.
has existing authorities to lawfully conduct these operations."
The official declined to be named but agreed
to discuss the program to rebut the assertions that the United
States used the program to secretly send people to other countries
for the purpose of torture. The transfers were portrayed as an
alternative to what American officials have said is the costly,
manpower-intensive process of housing them in the United States
or in American-run facilities in other countries.
In recent weeks, several former detainees
have described being subjected to coercive interrogation techniques
and brutal treatment during months spent in detention under the
program in Egypt and other countries. The official would not discuss
specific cases, but did not dispute that there had been instances
in which prisoners were mistreated. The official said none had
died.
The official said the C.I.A.'s inspector
general was reviewing the rendition program as one of at least
a half-dozen inquiries within the agency of possible misconduct
involving the detention, interrogation and rendition of suspected
terrorists.
In public, the Bush administration has
refused to confirm that the rendition program exists, saying only
in response to questions about it that the United States did not
hand over people to face torture. The official refused to say
how many prisoners had been transferred as part of the program.
But former government officials say that since the Sept. 11 attacks,
the C.I.A. has flown 100 to 150 suspected terrorists from one
foreign country to another, including to Egypt, Syria, Saudi Arabia,
Jordan and Pakistan.
Each of those countries has been identified
by the State Department as habitually using torture in its prisons.
But the official said that guidelines enforced within the C.I.A.
require that no transfer take place before the receiving country
provides assurances that the prisoner will be treated humanely,
and that United States personnel are assigned to monitor compliance.
"We get assurances, we check on those
assurances, and we double-check on these assurances to make sure
that people are being handled properly in respect to human rights,"
the official said. The official said that compliance had been
"very high" but added, "Nothing is 100 percent
unless we're sitting there staring at them 24 hours a day."
It has long been known that the C.I.A.
has held a small group of high-ranking leaders of Al Qaeda in
secret sites overseas, and that the United States military continues
to detain hundreds of suspected terrorists at Guantánamo
Bay, Cuba, and in Afghanistan. The rendition program was intended
to augment those operations, according to former government officials,
by allowing the United States to gain intelligence from the interrogations
of the prisoners, most of whom were sent to their countries of
birth or citizenship.
Before Sept. 11, the C.I.A. had been authorized
by presidential directives to carry out renditions, but under
much more restrictive rules. In most instances in the past, the
transfers of individual prisoners required review and approval
by interagency groups led by the White House, and were usually
authorized to bring prisoners to the United States or to other
countries to face criminal charges.
As part of its broad new latitude, current
and former government officials say, the C.I.A. has been authorized
to transfer prisoners to other countries solely for the purpose
of detention and interrogation.
The covert transfers by the C.I.A. have
faced sharp criticism, in part because of the accounts provided
by former prisoners who say they were beaten, shackled, humiliated,
subjected to electric shocks, and otherwise mistreated during
their long detention in foreign prisons before being released
without being charged. Those accounts include cases like the following:
Maher Arar, a Syrian-born Canadian, who
was detained at Kennedy Airport two weeks after the Sept. 11 attacks
and transported to Syria, where he said he was subjected to beatings.
A year later he was released without being charged with any crime.
Khaled el-Masri, a Lebanese-born German
who was pulled from a bus on the Serbia-Macedonia border in December
2003 and flown to Afghanistan, where he said he was beaten and
drugged. He was released five months later without being charged
with a crime.
Mamdouh Habib, an Egyptian-born Australian
who was arrested in Pakistan several weeks after the 2001 attacks.
He was moved to Egypt, Afghanistan and finally Guantánamo.
During his detention, Mr. Habib said he was beaten, humiliated
and subjected to electric shocks. He was released after 40 months
without being charged.
In the most explicit statement of the administration's
policies, Alberto R. Gonzales, then the White House counsel, said
in written Congressional testimony in January that "the policy
of the United States is not to transfer individuals to countries
where we believe they likely will be tortured, whether those individuals
are being transferred from inside or outside the United States."
Mr. Gonzales said then that he was "not aware of anyone in
the executive branch authorizing any transfer of a detainee in
violation of that policy."
Administration officials have said that
approach is consistent with American obligations under the Convention
Against Torture, the international agreement that bars signatories
from engaging in extreme interrogation techniques. But in interviews,
a half-dozen current and former government officials said they
believed that, in practice, the administration's approach may
have involved turning a blind eye to torture. One former senior
government official who was assured that no one was being mistreated
said that accumulation of abuse accounts was disturbing. "I
really wonder what they were doing, and I am no longer sure what
I believe," said the official, who was briefed periodically
about the rendition program.
In Congressional testimony last month,
the director of central intelligence, Porter J. Goss, acknowledged
that the United States had only a limited capacity to enforce
promises that detainees would be treated humanely. "We have
a responsibility of trying to ensure that they are properly treated,
and we try and do the best we can to guarantee that," Mr.
Goss said of the prisoners that the United States had transferred
to the custody of other countries. "But of course once they're
out of our control, there's only so much we can do. But we do
have an accountability program for those situations."
The practice of transporting a prisoner
from one country to another, without formal extradition proceedings,
has been used by the government for years. George J. Tenet, the
former director of central intelligence, has testified that there
were 70 cases before the Sept. 11 attacks, authorized by the White
House. About 20 of those cases involved people brought to the
United States to stand trial under informal arrangements with
the country in which the suspects were captured.
Since Sept. 11, however, it has been used
much more widely and has had more expansive guidelines, because
of the broad authorizations that the White House has granted to
the C.I.A. under legal opinions and a series of amendments to
Presidential Decision Directives that remain classified. The officials
said that most of the people subject to rendition were regarded
by counterterrorism experts as less significant than people held
under direct American control, including the estimated three dozen
high ranking operatives of Al Qaeda who are confined at secret
sites around the world.
The Pentagon has also transferred some
prisoners to foreign custody, handing over 62 prisoners to Pakistan,
Morocco, Saudi Arabia and Kuwait, among other countries, from
the American prison in Guantánamo Bay, in actions that
it has publicly acknowledged. In some of those cases, a senior
Defense Department official said in an interview on Friday, the
transfers were for the purpose of prosecution and trials, but
others were intended solely for the purpose of detention. Those
four countries, as well Egypt, Jordan and Syria, were among those
identified in a State Department human rights report released
last week as practicing torture in their prisons.
In an interview, the senior official defended
renditions as one among several important tools in counterterrorism
efforts. "The intelligence obtained by those rendered, detained
and interrogated have disrupted terrorist operations," the
official said. "It has saved lives in the United States and
abroad, and it has resulted in the capture of other terrorists."
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