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CIA's secret kidnappings
By NAT HENTOFF

Decatur Daily Democrat
13 April 2005

On March 16, the House of Representatives, in a stunning 420-to-2 vote,
passed an amendment to the emergency Iraq supplemental appropriation by
Rep. Edward Markey (D-Mass.) forbidding the use of any funds that violate
the legal obligations of the international Convention Against Torture,
which this nation signed. Congressman Markey has led the charge against
the CIA's practice of sending terrorism suspects to countries cited by our
own State Department for torturing their prisoners.

The media took little notice of this bipartisan move to try and end the
administration's outsourcing of torture - which President Bush continually
says is not happening, despite mounting evidence from human rights
organizations, freed tortured detainees, and journalists worldwide.

As Congressman Markey says: "The war against terrorism includes a war
against those who engage in torture. ... This amendment reaffirming our
commitment to end the practice of torture is just the beginning. ...
Torture is unacceptable and the U.S. has a responsibility to take the lead
in ending this practice."

On March 17, Sen. Patrick Leahy (D-Vt.) introduced a bill, "The Convention
on Torture Implementation Act," that would end these "extraordinary
renditions," as the CIA calls them.

The CIA claims, with a straight face, that its station chief in the
countries to which these suspects are transferred must obtain an assurance
from that country's security offices that these prisoners - sometimes
kidnapped by the CIA off the streets of other nations - will not be
tortured.

Dana Priest of The Washington Post, who has broken many stories about this
outsourcing since late 2002, quotes a CIA official engaged in these
renditions that violate both American and international laws. That person
describes these so-called assurances torture will not happen as "a farce."

She writes that "another U.S. government official who visited several
foreign prisons where suspects were rendered by the CIA after the attacks
of Sept. 11, 2001, said: 'It's beyond that. It's widely understood that
interrogation practices that would be illegal in the U.S. are being
used.'"

It's not only Amnesty International, Human Rights Watch and Human Rights
First who are indignant over what they have learned about this practice.
In countries where these kidnappings have taken place - such as Italy,
Germany, Sweden and Canada - there are now official investigations of the
complicity of their own security forces in these violations of the
international Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (signed by President Reagan and ratified
years later by the Senate in 1994).

Meanwhile, the CIA declared on March 18 that "all CIA interrogation
techniques, both past and present, are lawful and do not constitute
torture." I have doubts about the credibility of that statement,
especially concerning past techniques; but what about the methods of
extracting information from prisoners the CIA sends to countries where
there is no doubt that torture is a regular method of obtaining
information (which is then provided back to the CIA)?

Says CIA Director Porter Goss that "of course, once they're out of our
control, there's only so much we can do." When Goss appeared before the
Senate Armed Services Committee he was asked by Sen. John McCain (R-Ariz.)
about his agency's own use of waterboarding, a technique where a prisoner
is convinced he will be drowned unless he gives up the required
information. Goss answered that waterboarding is "an area of what I would
call professional interrogation techniques."

It has long been up to Congress, under the separation of powers, to
thoroughly investigate the CIA's past and present adherence to the
International Convention Against Torture, and the CIA's outsourcing of
torture. The Markey amendment ending the funding for "extraordinary
renditions" could become a law if Sen. Leahy's bill on implementing the
convention is passed.

As of this writing, however, Sen. Arlen Specter (R-Pa.) chairman of the
Judiciary Committee, shows no sign of holding a hearing. Leahy may have to
get his bill on the floor by proposing an amendment to another bill. If he
does, and if he succeeds in the Republican-controlled Senate, and the
subsequent House-Senate conference committee, will President Bush sign
into law an assurance to the world that, indeed, we will not violate
American and international laws against torture?

More to the point, how many Americans care enough about our involvement in
torture to emphatically declare their opposition to this practice by
telling their members of Congress?


Nat Hentoff is a nationally renowned authority on the First Amendment and
the Bill of Rights.

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