The latest iteration of these issues arose from the Washington Posts recent disclosure that the U.S. Central Intelligence Agency (CIA) was using its fleet of secret aircraft to render high value terror suspects to secret prisons it is reportedly operating in former Soviet bloc states in Eastern Europe.
To avoid compromising national security, The Post did not name the countries, but they have been widely reported to be Poland and Rumania. At former Soviet gulags there, ghost prisoners simply fall off the radar unnamed, unregistered, without access to lawyers, family members, or the International Committee of the Red Cross.
The Post reported that prisoners were routinely tortured, using such techniques as waterboarding submerging a prisoner in restraints in water to convince him he was drowning -- mock execution, prolonged shackling, being threatened with dogs, and "cold cell," in which prisoners are held naked in low temperatures and doused with cold water.
But in Europe, torture and rendition refused to go away. They were a central theme in virtually all of the press appearances Rice made following her meetings with European leaders.
The issues were particularly contentious in Germany, where a German citizen, Khaled al-Masri, announced he is suing the former CIA director George Tenet for forcibly taking him from Macedonia and to Afghanistan, where he was imprisoned incommunicado for five months. The American Civil Liberties Union (ACLU) is pursuing the case on the Germans behalf.
The Center for Constitutional Rights (CCR), a major advocacy group, filed the first court challenge to rendition this year. The case is pending.
Fuelling the prisoner fire, Louise Arbour, the high commissioner for human rights at the United Nations, said yesterday that the U.S.-led fight against terrorism is eroding the time-honored international prohibition of torture and other forms of cruel or degrading treatment of prisoners. She said that holding suspects incommunicado in itself amounts to torture.
But Americas European problems are only the latest in a long litany of rendition and torture issues that began to come to light with release of the photographs of prisoner abuse at Abu Ghraib prison in Iraq.
That disclosure created a firestorm of protests and questions that eventually implicated other military prisons in Iraq, the U.S. naval base at Guantanamo Bay, Cuba, Bagram Air Force Base in Afghanistan, and other detention centers around the world.
The Department of Defense (DOD) has carried out 15 separate investigations of prisoner abuse and rendition issues. A number of enlisted soldiers were court martialled and sent to jail, and a few higher-ranking officers were reprimanded or demoted. But no accountability was demanded of the CIA, private contractors, or the Bush Administration, which critics say failed to train interrogators and created an environment of legal abuse by using presidential power to designate people as enemy combatants and thus deny them the protections of the Geneva Conventions.
The most recent of these investigations recommended that Maj. Gen. Geoffrey Miller be reprimanded for his mistreatment of Guantanamo prisoners and for then migrating his aggressive interrogation techniques to Iraq. But a higher military authority rejected the recommendation.
Meanwhile, Guantanamo Bay has become a legal nightmare for the U.S. American authorities sent more than 800 alleged terrorists to the prison at Guantanamo Bay, largely from Afghanistan, but from other countries as well. Guantanamo was chosen because it was thought to be beyond the reach of U.S. law, but courts ruled that the base, which is leased from the Government of Cuba, was effectively under American control.
The ACLU and other organizations sued the Government under the Freedom of Information Act (FOIA) and obtained a massive trove of documents in which agents of the Federal Bureau of Investigation (FBI) reported that military interrogators were abusing prisoners.