[Ppnews] Rendition gets ongoing embrace from Obama administration

Political Prisoner News ppnews at freedomarchives.org
Wed Jan 2 19:06:54 EST 2013

*Rendition gets ongoing embrace from Obama administration*


Craig Whitlock, The Washington Post

Wednesday, 2 January 2013

          The three European men with Somali roots were arrested on a
          murky pretext in August as they passed through the small
          African country of Djibouti.

But the reason soon became clear when they were visited in their jail 
cells by a succession of American interrogators.

US agents accused the men --- two of them Swedes, the other a longtime 
resident of Britain --- of supporting al-Shabab, an Islamist militia in 
Somalia that Washington considers a terrorist group. Two months after 
their arrest, the prisoners were secretly indicted by a federal grand 
jury in New York, then clandestinely taken into custody by the FBI and 
flown to the United States to face trial.

The secret arrests and detentions came to light Dec. 21 when the 
suspects made a brief appearance in a Brooklyn courtroom.

The men are the latest example of how the Obama administration has 
embraced rendition --- the practice of holding and interrogating 
terrorism suspects in other countries without due process --- despite 
widespread condemnation of the tactic in the years after the Sept. 11, 
2001, attacks.

Renditions are taking on renewed significance because the administration 
and Congress have not reached agreement on a consistent legal pathway 
for apprehending terrorism suspects overseas and bringing them to justice.

Congress has thwarted President Barack Obama's pledge to close the 
military prison at Guantanamo Bay, Cuba, and has created barriers 
against trying al-Qaida suspects in civilian courts, including new 
restrictions in a defense authorization bill passed last month. The 
White House, meanwhile, has resisted lawmakers' efforts to hold suspects 
in military custody and try them before military commissions.

The impasse and lack of detention options, critics say, have led to a de 
facto policy under which the administration finds it easier to kill 
terrorism suspects, a key reason for the surge of U.S. drone strikes in 
Pakistan, Yemen and Somalia. Renditions, though controversial and 
complex, represent one of the few alternatives.

"In a way, rendition has become even more important than before," said 
Clara Gutteridge, director of the London-based Equal Justice Forum, a 
human rights group that investigates national security cases and that 
opposes the practice.

Because of the secrecy involved, it is not known how many renditions 
have taken place during Obama's first term. But his administration has 
not disavowed the practice. In 2009, a White House task force on 
interrogation and detainee transfers recommended that the government be 
allowed to continue using renditions, but with greater oversight, so 
that suspects were not subject to harsh interrogation techniques, as 
some were during the George W. Bush administration.

The U.S. government has revealed little about the circumstances under 
which the three alleged al-Shabab supporters were arrested. Most court 
papers remain under seal.

In a statement, the FBI and federal prosecutors for the Eastern District 
of New York said the defendants were "apprehended in Africa by local 
authorities while on their way to Yemen" in early August. The statement 
did not spell out where they were detained or why.

The FBI made no mention of any U.S. involvement with the suspects until 
Oct. 18, when a federal grand jury handed up the sealed indictment. The 
FBI said its agents took custody of the men on Nov. 14, but the bureau 
did not specify where or from whom. A spokesman for federal prosecutors 
in the Eastern District of New York did not respond to a phone message 
and e-mail seeking comment.

Defense attorneys and others familiar with the case, however, said the 
men were arrested in Djibouti, a close ally of Washington. The tiny 
African country hosts a major U.S. military base, Camp Lemonnier, that 
serves as a combat hub for drone flights and counterterrorism 
operations. Djibouti also has a decade-long history of cooperating with 
the United States on renditions.

The Swedish Foreign Ministry confirmed that two of the men --- Ali Yasin 
Ahmed, 23, and Mohamed Yusuf, 29 --- are Swedish citizens and were 
detained in Djibouti in August.

Anders Jorle, a spokesman for the ministry in Stockholm, said Swedish 
diplomats were allowed to visit the men in Djibouti and New York to 
provide consular assistance.

"This does not mean that the Swedish government has taken any position 
on the issue of their guilt or innocence," Jorle said in a telephone 
interview. "That is a question for the U.S. judicial system."

Lawyers assigned to represent the defendants in federal court in 
Brooklyn said the men were interrogated for months in Djibouti even 
though no charges were pending against them --- something that would be 
prohibited in the United States.

"The Djiboutians were only interested in them because the United States 
of America was interested in them," said Ephraim Savitt, an attorney for 
Yusuf. "I don't have to be Einstein to figure that out."

Harry Batchelder Jr., an attorney for the third suspect, Madhi Hashi, 
23, concurred. "Let's just put it this way: They were sojourning in 
Djibouti, and all of a sudden, after they met their friendly FBI agents 
and CIA agents --- who didn't identify themselves --- my client found 
himself stateless and in a U.S. court," said Batchelder, whose client is 
a native of Somalia who grew up in Britain.

The sequence described by the lawyers matches a pattern from other 
rendition cases in which U.S. intelligence agents have secretly 
interrogated suspects for months without legal oversight before handing 
over the prisoners to the FBI for prosecution.

In December 2011, a federal court hearing for another al-Shabab suspect, 
an Eritrean citizen named Mohamed Ibrahim Ahmed, revealed that he had 
been questioned in a Nigerian jail by what a U.S. interrogator described 
as a "dirty" team of American agents who ignored the suspect's right to 
remain silent or have a lawyer, according to court proceedings.

Later, the Eritrean was interviewed by a "clean" team of U.S. agents who 
were careful to notify him of his Miranda rights and obtain confessions 
for trial. Once that task was completed, he was transported to U.S. 
federal court in Manhattan to face terrorism charges. His U.S. attorneys 
sought to toss out his statements on the grounds that they were 
illegally coerced, but the defendant pleaded guilty before a judge could 
rule on that question.

A diplomatic cable released by the anti-secrecy group WikiLeaks makes 
clear that Nigerian authorities were reluctant to detain Ahmed and held 
him for four months under pressure from U.S. officials.

Robin Sanders, the U.S. ambassador to Nigeria at the time, chided 
high-ranking officials there in a February 2010 meeting for nearly 
allowing Ahmed to depart on an international flight "because they did 
not want to hold him any longer," according to a classified cable 
summarizing the meeting. He was finally handed over to FBI agents, but 
only after he was indicted by a U.S. grand jury.

In the more recent Djibouti rendition, defense attorneys challenged the 
jurisdiction of the U.S. courts, saying there is no evidence that the 
defendants targeted or threatened Americans or U.S. interests.

"That is the $64,000 question. I said to the assistant U.S. attorney, 
'Did he blow up an embassy? No,' " said Susan Kellman, who represents 
Ali Yasin Ahmed, one of the Swedish defendants. "Why are we holding 
them? What did they do to insult us?"

The State Department officially categorized al-Shabab as a terrorist 
organization in 2008, making it illegal for Americans or non-citizens to 
support the group. Still, Obama administration officials acknowledge 
that most al-Shabab fighters are merely participants in Somalia's 
long-running civil war and that only a few are involved in international 

Savitt, the attorney for Yusuf, acknowledged that his client fought on 
behalf of al-Shabab against Somali forces backed by the United States. 
"Oh, yeah," he said. "I'm not going to deny that allegation, put it that 

But Savitt said that was not a legitimate reason to prosecute Yusuf in 
the United States. "The last thing in the world we really need to do is 
apprehend and lock up 10,000 al-Shabab fighters or bring them into the 
court system," he said.

Authorities in Sweden and Britain had monitored the three men for years 
as they traveled back and forth to Somalia, but neither country 
assembled enough evidence to press criminal charges.

"These guys are well known to Swedish security forces," said a Swedish 
official, who spoke on the condition of anonymity to discuss 
intelligence matters.

Sweden's security agencies have cooperated in the past with U.S. 
officials on rendition cases by sharing intelligence about targets. Mark 
Vadasz, a spokesman for the Swedish Security Police Service, declined to 
comment on whether the agency played a role in the cases involving Yusuf 
and Ahmed.

Last summer, before he was detained in Djibouti, British authorities 
notified Hashi's family that they were taking the unusual step of 
stripping him of his citizenship, citing his "extremist" activities.

Hashi and his family have denied the allegation. In 2009, Hashi filed an 
official complaint of harassment against MI5, Britain's domestic 
intelligence agency, saying agents had pressured him to become an informant.

A spokesman for Britain's Home Office, which issued the citizenship 
order, declined to comment or to say whether British officials 
cooperated with the United States on the rendition.

Asim Qureshi, executive director of CagePrisoners, a British human 
rights group that has advocated on behalf of Hashi, said the case was 
too weak to pass muster in a European court.

"A cynic would say it's easier to get a conviction under spurious 
evidence in the United States than anywhere else," he said. "Just 
alleging somebody is a member of al-Shabab won't get you very far in the 
U.K. A judge would just throw out the case before it even gets started."

- -

Julie Tate contributed to this report.

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