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Hope for Peace & Justice eNews
December 29, 2005


In this Issue:

US Torture Policy Exposed:
Embassy Close to Admitting Syria Rendition Flight
Chicago Tribune:
US Stalls on Human Trafficking Policy
CIA claims not to torture:
McCain, CIA Chief Debate Definition of Torture
 

US Embassy Close to Admitting Syria Rendition Flight
Statement contradicts ambassador's interview
Correction could leave Britain open to challenge
by Ewen MacAskill
Published on Tuesday, December 27, 2005 by the Guardian / UK

The US embassy in London was forced to issue a correction yesterday to an interview given by the ambassador, Robert Tuttle, in which he claimed America would not fly suspected terrorists to Syria, which has one of the worst torture records in the Middle East. A statement acknowledged media reports of a suspect taken from the US to Syria.

Torture is banned in the US but the CIA has been engaged in a policy of rendition, flying terrorist suspects to countries in the Middle East and other parts of the world where torture is commonplace.

Demand a full Investigation into US Torture Policy
Rendition Flights to Syria, other Practices Exposed

Although Mr. Tuttle, a Beverly Hills car dealer and major donor to George Bush's re-election campaign, has been ambassador in London only since the summer, he is proving to be accident-prone. Last month he vigorously denied British media reports that American forces used white phosphorus as a weapon in Iraq, only to be undercut by an admission from the Pentagon the next day.

Mr. Tuttle gave an interview to the BBC Today program on Thursday for broadcast yesterday morning. On Friday, the US embassy returned to the BBC with a lengthy statement of clarification, which was also broadcast yesterday at the end of the interview.

Asked by the BBC if the US dumped suspects in Syria, Mr. Tuttle said: "I don't think there is any evidence that there have been any renditions carried out in the country of Syria. There is no evidence of that. And I think we have to take what the secretary [Condoleezza Rice] says at face value. It is something very important, it is done very carefully and she has said we do not authorize, condone torture in any way, shape or form."

A US embassy spokeswoman contacted the BBC on Friday to say the ambassador "recognized that there had been a media report of a rendition to Syria but reiterated that the United States is not in a position to comment on specific allegations of intelligence activities that appear in the press".

The embassy spokeswoman "underscored that the president and secretary Rice have made clear that even in today's circumstances, where we are confronting a new kind of threat, the United States does not condone torture, its officials do not participate in such activities anywhere, and we do not hand over anyone in our custody to anywhere where we believe that they will be tortured. Full stop.

"We take our actions in the fight against terrorism with full respect for our international obligations and with full respect for the sovereignty of our partners."

The embassy's statement is close to an admission of at least one flight to Syria as it would be unlikely to embarrass the ambassador by referring to a media report it considered inaccurate.

Maher Arar, a Canadian software engineer of Syrian descent, says he was arrested in New York in 2002 and transferred to Jordan, then to Syria, where he said he was tortured. The US use of Syria for rendition sits uneasily with Washington's portrayal of the country as a pariah state. The Guardian has reported the CIA used British airports to refuel for rendition flights, which would contravene British law.

Asked if he knew whether the US had sought permission from Britain, Mr. Tuttle said Ms Rice had maintained that rendition would respect each country's sovereignty. His reply would seem to imply the US had sought permission, possibly leaving the British government open to challenge.

Back-story

US presidents tend to treat the post of ambassador to Britain more as a reward for political donors and allies than a job for diplomats, and Robert Tuttle fits this pattern. A Beverly Hills car dealer and major Republican party donor, he became ambassador this summer. He served in Ronald Reagan's White House and was ranked as a "pioneer" in George Bush's re-election campaign for raising more than $100,000.

Guardian Unlimited © Guardian Newspapers Limited 2005

Demand a full Investigation into US Torture Policy
Rendition Flights to Syria, other Practices Exposed

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U.S. Stalls on Human Trafficking
Pentagon has yet to ban contractors from using forced labor
by Cam Simpson

Published on Tuesday, December 27, 2005 by the Chicago Tribune

WASHINGTON - Three years ago, President Bush declared that he had "zero tolerance" for trafficking in humans by the government's overseas contractors, and two years ago Congress mandated a similar policy.

But notwithstanding the president's statement and the congressional edict, the Defense Department has yet to adopt a policy to bar human trafficking.

A proposal prohibiting defense contractor involvement in human trafficking for forced prostitution and labor was drafted by the Pentagon last summer, but five defense lobbying groups oppose key provisions and a final policy still appears to be months away, according to those involved and Defense Department records.

The lobbying groups opposing the plan say they're in favor of the idea in principle, but said they believe that implementing key portions of it overseas is unrealistic. They represent thousands of firms, including some of the industry's biggest names, such as DynCorp International and Halliburton subsidiary KBR, both of which have been linked to trafficking-related concerns.

Lining up on the opposite side of the defense industry are some human-trafficking experts who say significant aspects of the Pentagon's proposed policy might actually do more harm than good unless they're changed. These experts have told the Pentagon that the policy would merely formalize practices that have allowed contractors working overseas to escape punishment for involvement in trafficking, the records show.

The long-awaited debate inside the Pentagon on how to implement presidential and congressional directives on human trafficking is unfolding just as counter trafficking advocates in Congress are running into resistance. A bill reauthorizing the nation's efforts against trafficking for the next two years was overwhelmingly passed by the House this month, but only after a provision creating a trafficking watchdog at the Pentagon was stripped from the measure at the insistence of defense-friendly lawmakers, according to congressional records and officials. The Senate passed the bill last week.

Delay seen as weakness

The Pentagon's delay in tackling the issue, the perceived weakness of its proposed policy and the recent setbacks in Congress have some criticizing the Pentagon for not taking the issue seriously enough.

"Ultimately, what we really hope to see is resources and leadership on this issue from the Pentagon," said Sarah Mendelson, a senior fellow at the Center for Strategic and International Studies, a national security think tank in Washington. She also had called for creation of an internal Pentagon watchdog after investigating the military's links to sex trafficking in the Balkans.

Rep. Christopher Smith (R-N.J.), author of the original legislation targeting human trafficking, said there seems to be an institutional lethargy on the issue at the Pentagon below the most senior levels. He said he was concerned that the Pentagon's overseas-contractor proposal might not be tough enough and that the delays in developing it could mean more people "were being exploited while they were sharpening their pencils."

But he pledged to maintain aggressive oversight of the plan.

`We're addressing the issue.’

Glenn Flood, a Pentagon spokesman, said he did not know why it has taken so long to develop a proposal but said, "From our point of view, we're addressing the issue."

An official more directly involved with the effort to draft a formal policy barring contractors from involvement in trafficking said it might not be ready until April, at least in part because of concerns raised by the defense contractors.

Bush declared zero tolerance for involvement in human trafficking by federal employees and contractors in a National Security Presidential Directive he signed in December 2002 after media reports detailing the alleged involvement of DynCorp employees in buying women and girls as sex slaves in Bosnia during the U.S. military's deployment there in the late 1990s.

Ultimately, the company fired eight employees for their alleged involvement in sex trafficking and illegal arms deals.

In 2003, Smith followed Bush's decree with legislation ordering federal agencies to include anti-trafficking provisions in all contracts. The bill covered trafficking for forced prostitution and forced labor and applied to overseas contractors and their subcontractors.

But it wasn't until last summer that the Pentagon issued a proposed policy to enforce the 2003 law and Bush's December 2002 directive.

The proposal drew a strong response from five defense-contractor-lobbying groups within the umbrella Council of Defense and Space Industries Associations: the Contract Services Association, the Professional Services Council, the National Defense Industrial Association, the American Shipbuilding Association and the Electronic Industries Alliance.

The response's first target was a provision requiring contractors to police their overseas subcontractors for human trafficking.

In a two-part series published in October, the Tribune detailed how Middle Eastern firms working under American subcontracts in Iraq, and a chain of human brokers beneath them, engaged in the kind of abuses condemned elsewhere by the U.S. government as human trafficking. KBR, the Halliburton subsidiary, relies on more than 200 subcontractors to carry out a multibillion-dollar U.S. Army contract for privatization of military support operations in the war zone.

Case of 12 Nepali men

The Tribune retraced the journey of 12 Nepali men recruited from poor villages in one of the most remote and impoverished corners of the world and documented a trail of deceit, fraud and negligence stretching into Iraq. The men were kidnapped from an unprotected caravan and executed en route to jobs at an American military base in 2004.

At the time, Halliburton said it was not responsible for the recruitment or hiring practices of its subcontractors, and the U.S. Army, which oversees the privatization contract, said questions about alleged misconduct "by subcontractor firms should be addressed to those firms, as these are not Army issues."

Once implemented, the new policy could dramatically change responsibilities for KBR and the Army.

Alan Chvotkin, senior vice president and counsel for the Professional Services Council who drafted the contractors' eight-page critique of the Pentagon proposal, said it was not realistic to expect foreign companies operating overseas to accept or act on U.S. foreign policy objectives.

"This is a clash between mission execution [of the contract] and policy execution," Chvotkin said. "So we're looking for a little flexibility."

He said that rather than a "requirement that says you have to flow this through to everybody," the group wants the policy to simply require firms to notify the Pentagon when their subcontractors refuse to accept contract clauses barring support for human trafficking.

Still, Chvotkin said, "We don't want to do anything that conveys the idea that we are sanctioning or tolerating trafficking."

In a joint memo of their own, Mendelson and another Washington-based expert, Martina Vandenberg, a lawyer who investigated sex trafficking for Human Rights Watch, told the Pentagon its draft policy "institutionalizes ineffective procedures currently used by the Department of Defense contractor community in handling allegations of human trafficking."

Without tough provisions requiring referrals to prosecutors, they said, contractors could still get their employees on planes back to the U.S. before investigations commenced, as they allege happened in several documented cases in the Balkans. They said some local contract managers even had "special arrangements" with police in the Balkans that allowed them to quickly get employees returned to the U.S. if they were found to be engaged in illegal activities.

Copyright © 2005, Chicago Tribune

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‘Waterboarding’ spurs debate on what is torture
By John Crewdson

Published December 28, 2005

In an appearance in March before the Senate Armed Services Committee, U.S. Sen. John McCain asked CIA Director Porter Goss about a purported agency interrogation technique intended to "have the prisoner feel that they were drowning."

"You're getting into, again, an area of what I will call professional interrogation techniques," Goss replied.

"That's the area that I'm concerned about," retorted McCain, an Arizona Republican, whose amendment to a military appropriations bill forbidding the "cruel, inhuman or degrading" treatment of detainees in U.S. custody passed the Senate in October by 90-9.

`We don't do torture'

The CIA won't discuss the technique McCain mentioned, known as "waterboarding," which it says is classified. But as Goss also told the committee, "We don't do torture."

"There is no doubt that waterboarding is torture, despite the administration's reluctance to say so," argues Kenneth Roth, executive director of Human Rights Watch.

Demand a full Investigation into US Torture Policy
Rendition Flights to Syria, other Practices Exposed

Atty. Gen. Alberto Gonzales recently told CNN that "Congress has defined what torture is, and it is intentional infliction of severe--I emphasize the word `severe'--intentional infliction of severe physical or mental pain or suffering."

Asked whether "waterboarding" would be allowed under that definition, Gonzales replied that "that would be something that would have to be evaluated on a case-by-case basis."

Whether or not it constitutes torture, intelligence officials and others who have seen waterboarding -- or experienced it--say nothing in the interrogator's arsenal is simpler, quicker or more effective.

The difference, they say, is that waterboarding doesn't induce pain that can be withstood. It induces terror and a reaction of the autonomic nervous system that cannot be controlled.

Several conflicting descriptions of how waterboarding is done have been published in recent weeks. According to a Navy SEAL who says he underwent waterboarding during training, the process works like this:

The subject is strapped to a board and tilted so his head is lower than his feet. A cloth is tied over his nose and mouth and saturated with water, eventually making it impossible for him to breathe.

When used in the field, the technique is less elaborate but no less effective. No board, for example, is involved; the suspect is simply held down.

"You just pull the guy's T-shirt over his face and dump a canteen of water on his head," said the SEAL, who spoke on condition that he not be identified and who emphasized that he had never used the technique during a real interrogation.

Waterboarding has been described as "the illusion of drowning." In fact, there is no illusion; if interrogators didn't stop, the subject would drown.

"Inhaling even a small amount of water causes the body to close the glottis and violently cough to remove the offending substance," said the SEAL, who is also trained as a Navy hospital corpsman.

"This entire process initiates the fight-or-flight response in the sympathetic nervous system, causing the person to involuntarily raise their heart rate, respiratory rate, and flail and writhe in an effort to break free from the situation.

"This reaction is even more pronounced when the subject is lying on his back with feet elevated and head down. This is due to the fact that the nostrils serve as a catch basin for small, but significant nonetheless, amounts of water."

Because the water prevents air from entering the nose and mouth, and therefore the lungs, the supply of oxygen available for metabolic functions is exhausted within seconds.

"After performing this on a target for 30 seconds and then stopping the flow of water, the sense of relief and then the realization that this is but a brief respite are extremely powerful motivators for the subject to cooperate in the interrogation," the SEAL said.

Practice seen in training

Waterboarding experienced in training, he added, "is instantly effective on 100 percent of Navy SEALs, a group which is probably more comfortable in adverse maritime swimming conditions than any other on the planet."

"In my case, I wasn't even held down. My teammate simply poured a canteen of water over my face while I had my T-shirt pulled over my head. Instantly, my ability to breathe through the T-shirt was taken away and my natural reaction to inhale deeply through my mouth and nose for air caused me to take on small amounts of water."

Waterboarding is also effective, the SEAL said, because the subject realizes that "there are no enduring physiological consequences, which he intuitively knows. This is important psychologically, because he can legitimately hope that he will be able to live on normally after the experience, if only he cooperates.

"Breaking kneecaps and pulling out fingernails does not hold this promise. The fact that the target has a chance to remain fully whole makes him more likely to be truthful and to break more quickly."

Copyright © 2005, Chicago Tribune

Demand a full Investigation into US Torture Policy
Rendition Flights to Syria, other Practices Exposed

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