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Obama Preserves Renditions as Counter-Terrorism Tool

by: Greg Miller  |  The Los Angeles Times

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Former detainee Khaled El-Masri sued the CIA. El-Masri said he was "unlawfully abducted, detained and abused by the CIA under its rendition program." (Photo: Chip Somodevilla / Getty Images)

    The role of the CIA's controversial prisoner-transfer program may expand, intelligence experts say.

    Washington - The CIA's secret prisons are being shuttered. Harsh interrogation techniques are off-limits. And Guantanamo Bay will eventually go back to being a wind-swept naval base on the southeastern corner of Cuba.

    But even while dismantling these programs, President Obama left intact an equally controversial counter-terrorism tool.

    Under executive orders issued by Obama recently, the CIA still has authority to carry out what are known as renditions, secret abductions and transfers of prisoners to countries that cooperate with the United States.

    Current and former U.S. intelligence officials said that the rendition program might be poised to play an expanded role going forward because it was the main remaining mechanism - aside from Predator missile strikes - for taking suspected terrorists off the street.

    The rendition program became a source of embarrassment for the CIA, and a target of international scorn, as details emerged in recent years of botched captures, mistaken identities and allegations that prisoners were turned over to countries where they were tortured.

    The European Parliament condemned renditions as "an illegal instrument used by the United States." Prisoners swept up in the program have sued the CIA as well as a Boeing Co. subsidiary accused of working with the agency on dozens of rendition flights.

    But the Obama administration appears to have determined that the rendition program was one component of the Bush administration's war on terrorism that it could not afford to discard.

    The decision underscores the fact that the battle with Al Qaeda and other terrorist groups is far from over and that even if the United States is shutting down the prisons, it is not done taking prisoners.

    "Obviously you need to preserve some tools - you still have to go after the bad guys," said an Obama administration official, speaking on condition of anonymity when discussing the legal reasoning. "The legal advisors working on this looked at rendition. It is controversial in some circles and kicked up a big storm in Europe. But if done within certain parameters, it is an acceptable practice."

    One provision in one of Obama’s orders appears to preserve the CIA's ability to detain and interrogate terrorism suspects as long as they are not held long-term. The little-noticed provision states that the instructions to close the CIA's secret prison sites "do not refer to facilities used only to hold people on a short-term, transitory basis."

    Despite concern about rendition, Obama's prohibition of many other counter-terrorism tools could prompt intelligence officers to resort more frequently to the "transitory" technique.

    The decision to preserve the program did not draw major protests, even among human rights groups. Leaders of such organizations attribute that to a sense that nations need certain tools to combat terrorism.

    "Under limited circumstances, there is a legitimate place" for renditions, said Tom Malinowski, the Washington advocacy director for Human Rights Watch. "What I heard loud and clear from the president's order was that they want to design a system that doesn't result in people being sent to foreign dungeons to be tortured - but that designing that system is going to take some time."

    Malinowski said he had urged the Obama administration to stipulate that prisoners could be transferred only to countries where they would be guaranteed a public hearing in an official court. "Producing a prisoner before a real court is a key safeguard against torture, abuse and disappearance," Malinowski said.

    CIA veterans involved in renditions characterized the program as important but of limited intelligence-gathering use. It is used mainly for terrorism suspects not considered valuable enough for the CIA to keep, they said.

    "The reason we did interrogations [ourselves] is because renditions for the most part weren't very productive," said a former senior CIA official who spoke on condition of anonymity because of the sensitive nature of the subject.

    The most valuable intelligence on Al Qaeda came from prisoners who were in CIA custody and questioned by agency experts, the official said. Once prisoners were turned over to Egypt, Jordan or elsewhere, the agency had limited influence over how much intelligence was shared, how prisoners were treated and whether they were later released.

    "In some ways, [rendition] is the worst option," the former official said. "If they are in U.S. hands, you have a lot of checks and balances, medics and lawyers. Once you turn them over to another service, you lose control."

    In his executive order on lawful interrogations, Obama created a task force to reexamine renditions to make sure that they "do not result in the transfer of individuals to other nations to face torture," or otherwise circumvent human rights laws and treaties.

    The CIA has long maintained that it does not turn prisoners over to other countries without first obtaining assurances that the detainees will not be mistreated.

    In a 2007 speech, https:// www.cia.gov/news-information/speeches-testimony/2007/general-haydens-remarks-at-the-council-on-foreign-relations.html "> www.cia.gov/news-information/speeches-testimony/2007/general-haydens-remarks-at-the-council-on-foreign-relations.html the agency had to make a determination in every case "that it is less, rather than more, likely that the individual will be tortured." He added that the CIA sought "true assurances" and that "we're not looking to shave this 49-51."

    Even so, the rendition program became a target of fierce criticism during the Bush administration as a series of cases surfaced.

    In one of the most notorious instances, a German citizen named Khaled Masri was arrested in Macedonia in 2003 and whisked away by the CIA to a secret prison in Afghanistan. He was quietly released in Albania five months later after the agency determined it had mistaken Masri for an associate of the Sept. 11 hijackers.

    Masri later described being abducted by "seven or eight men dressed in black and wearing black ski masks." He said he was stripped of his clothes, placed in a diaper and blindfolded before being taken aboard a plane in shackles - an account that matches other descriptions of prisoners captured in the rendition program.

    In another prominent case, an Egyptian cleric known as Abu Omar was abducted in Italy in 2003 and secretly flown to an Egyptian jail, where he said he was tortured. The incident became a major source of embarrassment to the CIA when Italian authorities, using cellphone records, identified agency operatives involved in the abduction and sought to prosecute them.

    Defenders of the rendition program point out that it has been an effective tool since the early 1990s and was often used to bring terrorism suspects to courts in the United States. Among them was Ramzi Ahmed Yousef, who was captured in Pakistan and was convicted of helping orchestrate the 1993 World Trade Center bombing.

    Because details on the rendition program are classified, the scale of the program has been a subject of wide-ranging speculation.

    An exhaustive investigation by the European Union concluded that the CIA had operated more than 1,200 flights in European airspace after the Sept. 11 attacks.

    The implication was that most were rendition-related, with some taking suspects to states where they faced torture.

    But U.S. intelligence officials contend that the EU report greatly exaggerated the scale of the program and that most of the flights documented by the Europeans involved moving supplies and CIA personnel, not prisoners.

    Instead, recent comments by Hayden suggest that the program has been used to move no more than a handful of prisoners in recent years and that the total is in the "midrange two figures" since the Sept. 11 attacks.

  

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no kidding. I was baffled

no kidding. I was baffled by Americans trumpeting 'omg! we did bad things?! omg! isn't it wonderful that our decades-long war crime culture has decided our SECRETIVE CIA & military projects will become obsolete?! oh! I'm so glad they offered to stop, I'll go back to sleep now & wake up to tell everyone how grateful they should be to be aerially bombed into human rights by THE BEST COUNTRY IN THE WORLD, you scumdogs!" enjoy Afghanistan... the rest of NATO has been really enjoying protecting those pipelines for ya.

Simple. If international law

Simple. If international law allows the taking of prisoners to foreign soil and interrogating them there, rendition is alright. If not, and it is done despite prohibition, those responsible must be tried in a fair and legal court of law. That is also the reason why Bush and his cohorts must be tried in a criminal court, preferably the International Criminal Court in Den Haag, Netherlands. Otherwise, the world will always speculate on what was done to whom, and by whom. If Obama does not agree, his two-year presidential campaign promises fooled a lot of us. Which means Republican landslide in 2012

People have to understand

People have to understand that while they do elect a president he does not run things--the military, defense corporations and the rest of corporate American run the show. For example, Obama places people from Ratheon ,Boeing etc to be officers at the Pentagon, Dashle and wife are powerful military, health industry lobbyists. On and on--the military,industrial,corporate complex rules!

These powers that Obam kept

These powers that Obam kept for himself would only be useful if he put Bush, Cheney, Rove, et al into the slammer for rendition. Otherwise, we'll NEVER find out what was done in the last eight years.

Military government still

Military government still rules. Obama is defusing the resistance to fascism, as intended. Eventually the peace and justice 'Left' will realize we live under a military government with a civilian facade sustained by psychological operations in CIA media that was institutionalized during WWII. See 'The CIA and the Media' at CarlBernstein.com The President is a mouthpiece who is coerced into (or willing to) make the speeches and sign the documents that keep the permanent economic war going. Or else he gets the JFK/Nixon neutralization program. But independent presidents are no longer allowed into office. Just shills for the Pentagon/Wall Street plan for domination of the planet. Grassroots education of the masses remains the only path of damage control now that the Warfare State and Captains of Industry (all men) have broken our planet.

If a tree falls on a torture

If a tree falls on a torture victim, and the press isn't there to hear it . . .

We the people may be doomed,

We the people may be doomed, and controlled like puppets on strings. But we must keep on trying to push back as much as we can to at least make our corporate and warmongering puppeteers do some things we can live with. Obama may want to change this situation but if he does, he won't be allowed to,WE HAVE TO SUPPORT HIM with everything we can if he does try.

In the end Obama's policies

In the end Obama's policies will not be significantly different than Bush's. His enormous popularity will allow for him to actually get away with more. He will use his silver tongue and awe the masses. There should be no surprise here. Obama is the accepted left wing leader. He is a corporate pawn like all other politicians.

Who is running our

Who is running our government? The CIA and the FBI seem to be working for Corporate America.