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<font size=3>'BLACK SITE' SURVIVOR RELATES HORRIFIC TALE<br>
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INTER PRESS SERVICE<br>
Middle East<br>
December 19, 2007<br>
<a href="http://www.ipsnews.net/news.asp?idnews=40539" eudora="autourl">
http://www.ipsnews.net/news.asp?idnews=40539<br>
</a>By William Fisher<br><br>
NEW YORK, Dec 19 (IPS) - As human right lawyers sought to block U.S
government efforts to stop a lawsuit against a Boeing subsidiary accused
of flying detainees to "black sites" where they were tortured,
a legal advocacy group published the first testimony of a victim of the
Central Intelligence Agency's "enhanced interrogation"
programme.<br><br>
In the first-ever report of its kind, the Centre for Human Rights and
Global Justice (CHRGJ) at New York University School of Law released a
firsthand account of a survivor of enforced disappearance and torture at
several CIA "black sites". The 63-page report, "Surviving
the Darkness: Testimony from the U.S. 'Black Sites'", is an in-depth
account of a former CIA detainee's experience in his own words.<br><br>
The bone-chilling narrative tells the story of Mohamed Farag Ahmad
Bashmilah, a Yemeni national who spent more than a year and a half in the
CIA's secret detention programme. He was never charged with a
terrorism-related crime.<br><br>
The CHRGJ charges that Bashmilah was "illegally detained by the
Jordanian intelligence service in October 2003, tortured into signing a
false confession, and then handed over to an American rendition
team."<br><br>
The group says he spent the next 18 months in the U.S. secret detention
network -- in sites believed to be in Afghanistan and possibly Eastern
Europe. In May 2005, he was transferred to the custody of the Yemen
government, which held him in proxy detention at the behest of the U.S.
until he was put on trial and finally released in March 2006.<br><br>
Bashmilah's story was made public as the American Civil Liberties Union
(ACLU) filed legal papers opposing the CIA's attempt to throw out a
lawsuit against Boeing subsidiary Jeppesen Dataplan, Inc. for its
participation in the CIA's "extraordinary rendition"
programme.<br><br>
The ACLU charged that the U.S. government is improperly invoking the
"state secrets" privilege to avoid judicial scrutiny of this
unlawful policy.<br><br>
Steven Watt, an attorney with the ACLU's Human Rights Programme, told
IPS, "Five men have been brutally abused with the help of a U.S.
corporation, and they are entitled to their day in court."<br><br>
"Jeppesen must not be given a free pass for its profitable
participation in a torture programme," he said. "And the
government should not be allowed to use the national security defence as
a way to cover up its mistakes or, worse, its egregious abuses of human
rights."<br><br>
The ACLU filing comes in a lawsuit brought on behalf of five victims of
the rendition programme who were kidnapped and secretly transferred by
the CIA to U.S.-run overseas prisons or foreign intelligence agencies
where they were interrogated and tortured.<br><br>
According to the lawsuit, Jeppesen knowingly provided flight planning and
essential logistical support to aircraft and crew used by the CIA for the
clandestine rendition flights.<br><br>
After the lawsuit was filed, the U.S. government intervened to seek its
dismissal, contending that further litigation of the case would be
harmful to national security. But the ACLU contends that the information
needed to pursue this lawsuit, including details about the rendition
programme, is already in the public domain.<br><br>
It adds, "Jeppesen's involvement in the programme is also a matter
of public record. It has been confirmed by extensive documentary evidence
and eyewitness testimony, including the sworn declaration of a former
senior Jeppesen employee, which was submitted in support of the ACLU
filing."<br><br>
In recent years, the government has asserted the once-rare "state
secrets" claim with increasing regularity in an attempt to throw out
lawsuits and justify withholding information from the public not only
about the rendition programme, but also about illegal wiretapping,
torture, and other breaches of U.S. and international law.<br><br>
It has been 50 years since the United States Supreme Court last reviewed
the use of the "state secrets" privilege. The Supreme Court
recently refused to review the "state secrets" privilege in a
lawsuit brought by Khaled El-Masri, a German citizen also represented by
the ACLU, who was kidnapped and rendered to detention, interrogation, and
torture in a CIA "black site" prison in Afghanistan.<br><br>
Meanwhile, more than 250 people once held in Iraqi prisons, including Abu
Ghraib, have filed suit against a U.S. military contractor for alleged
torture of detainees. The Centre for Constitutional Rights filed the
lawsuit seeking millions of dollars in compensatory and punitive damages
against CACI International Inc. of Arlington, Virginia.<br><br>
The complaint alleges that CACI interrogators who were sent to Iraqi
prisons directed and engaged in torture between 2003 and 2004. The
lawsuit charges that the detainees were repeatedly beaten, sodomised,
threatened with rape, kept naked in their cells, subjected to electric
shock and attacked by unmuzzled dogs, among other humiliations.<br><br>
The court action also names two CACI employees -- Stephen Stefanowski,
known as "Big Steve", and Daniel Johnson, known as
"DJ" -- accusing them of participating in the abuse of
prisoners at Abu Ghraib. The suit alleges that the two CACI contractors
directed Corporal Charles Graner and Sergeant Ivan Frederick. Graner was
sentenced to 10 years in prison for this role in the Abu Ghraib scandal;
Frederick is serving an eight-year jail term.<br><br>
"These corporate guys worked in a conspiracy with those military
guys to torture people," said Susan Burke, the lead attorney in the
case.<br><br>
"And now the military have been held accountable, but the company
guys and the company have not been," she said.<br><br>
The legal status of U.S. private contractors in Iraq and elsewhere abroad
remains cloudy. The Iraqi government says they should be subject to Iraqi
law, a position rejected by the U.S. It remains unclear whether they are
subject to U.S. law. No U.S. court has yet decided a relevant case,
though lawsuits have been brought against a number of contractors,
including Blackwater, whose employees are accused of killing 17 unarmed
Iraqi civilians in a shooting incident in September.<br><br>
In the CACI case, to the surprise of some legal observers, the government
did not intervene on behalf of the contractors and the court ruled that
the litigation could go forward.<br><br>
In a related development, the New York Times reported Wednesday that
Pakistan's military and intelligence agencies, "apparently trying to
avoid acknowledging an elaborate secret detention system, have quietly
set free nearly 100 men suspected of links to terrorism, few of whom were
charged."<br><br>
Human rights groups in Pakistan say those released are some of the nearly
500 Pakistanis presumed to have disappeared into the hands of the
Pakistani intelligence agencies cooperating with Washington's fight
against terrorism since 2001.<br><br>
The Times reported that no official reason has been given for the
releases. But it quoted Pakistani sources as saying that as pressure has
mounted to bring the cases into the courts, "the government has
decided to jettison some suspects and spare itself the embarrassment of
having to reveal that people have been held on flimsy evidence in the
secret system."<br><br>
Among those pressing to bring the cases into court was the chief justice
of Pakistan's Supreme Court, Iftikhar Muhammad Chaudhry. He was dismissed
by President Pervez Musharraf and remains in detention, although
Musharraf last Saturday lifted the state of emergency he imposed in
November.<br><br>
The Times reported that the prisoner releases were "particularly
galling to lawyers" because Musharraf had accused the courts of
being soft on terrorists, and had used that claim as one justification
for imposing emergency rule.<br><br>
Copyright 2007 IPS-Inter Press Service. All rights reserved.<br><br>
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