Please find below an example of UPI's continuing coverage of the war on terror 
and related matters. I hope you find it interesting. You may link to it on the 
web here:

http://www.upi.com/view.cfm?StoryID=20050307-100706-9098r

If you have any comments or questions about this piece, need any more 
information about UPI products and services, or want to stop receiving these 
alerts, please get in touch.

Thank you,

Shaun Waterman
UPI Homeland and National Security Editor
E-mail: [EMAIL PROTECTED] 
Tel: 202 898 8081


Ex-CIA lawyer calls for law on rendition
By Shaun Waterman
UPI Homeland and National Security Editor

WASHINGTON, March 8 (UPI) -- A former general counsel of the CIA is calling for 
Congress to legislate on three controversial areas of the war on terror: 
interrogation, detention and rendition, in which suspected terrorists are 
handed over to third countries.

Jeffrey Smith, who was the CIA's top lawyer 1994-95, told United Press 
International that it was time to end the uncertainty and secrecy surrounding 
these three practices and provide a legislative basis for them.

Smith argues that it is time for Congress to "step up to the plate."

"I believe the time has come for the United States to adopt laws covering these 
practices.

"Much of this," he said of the deployment of expanded powers of detention and 
other new techniques in the war on terror since Sept. 11, 2001, "has been done 
by presidential order without any real oversight or authorization from 
Congress."

On Sept. 17, 2001, less than a week after the suicide hijackings that resulted 
in the deaths of some 3,000 people, President Bush signed a highly classified 
legal document known as a "memorandum of notification."

The document gave the CIA broad authorities to use against those it suspected 
of being among the United States' terrorist enemies. For the first time, the 
agency was authorized to detain and interrogate people.

The agency was also granted greatly extended powers to render people suspected 
of involvement in terrorism.

Rendition is a quasi-legal process under which the United States will receive 
custody of people -- or seize them -- abroad and deliver them to a third 
country. In the past it was used primarily to deliver people to countries where 
they were wanted for terrorist crimes so that they could be tried.

Since Sept. 11, say officials, there has been a large increase in the number of 
so-called intelligence renditions, where people are delivered to countries so 
that they can be interrogated.

Officials say publicly that they do not render suspects to countries where they 
will be tortured.

"We have an obligation not to render people to countries if we believe they 
would torture them," White House spokesman Scott McClellan told reporters 
Monday. "And we do -- and we do get assurances on those matters."

But at the same time, McClellan seemed at a loss to explain what other reason 
there might be for turning a suspect over to Uzbekistan.

"I'm not going to get into talking about specific intelligence matters," he 
said when questioned about the choice of Uzbekistan as a destination for 
rendition. "Those are classified matters, for good reason. 

"But if you're talking about terrorists who have been apprehended in the war on 
terrorism, we do have an obligation to gather intelligence from them," he 
concluded.

Despite official reassurances, there have been several well-documented cases 
since Sept. 11 of rendered individuals being abused or mistreated.

One man, Maher Arar, a Canadian citizen who was sent by U.S. officials to Syria 
where he was tortured, is suing the U.S. government.

And Italian prosecutors are investigating the February 2003 disappearance of 
Hassan Osama Nasr, an Egyptian-born Islamic cleric who his family says was 
kidnapped in Milan by CIA officials and flown to Egypt.

CIA Director Porter Goss told a recent congressional hearing that the agency 
had "a responsibility of trying to ensure that (persons rendered) are properly 
treated."

He added that there could be no guarantees once the person had left U.S. 
custody, but concluded, "We do have an accountability program for those 
situations."

Smith said that, in such an atmosphere, with lawsuits and media reports flying, 
it was possible that standards would change and "what was thought entirely 
appropriate 18 months ago may not be thought so now."

He said legislation would provide permanent standards and enable the country's 
intelligence officials to be sure of their ground.

At the moment, he said, CIA officials were "increasingly worried that they will 
be held personally or even criminally liable for what they have been asked to 
do for their country."

--

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Copyright � 2001-2005 United Press International



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