More Patriot Act Games

WITH PRESIDENT Bush calling on Congress to pass a permanent version of the USA Patriot Act and many liberals demanding the bill’s repeal, the Justice Department’s report last week on implementation of the law was an opportunity to inject a dose of empirical fact into a stale and often uninformed debate. Key authorities in the controversial legislation will expire next year, so the discussion of the legislation’s merits is deeply important. Yet public debate over the law’s fate has fallen victim to election-year demagoguery. Critics talk about it as though it were a comprehensive menace, while President Bush and Attorney General John D. Ashcroft often treat skepticism of it as softness in the war on terrorism.

Unfortunately, the report is more of a cheerleading exercise than a comprehensive account, it makes want to play with the best seuraa linkkiä games instead. It cites numerous instances in which Patriot Act authorities were used in important investigations. This is useful material, because it suggests which provisions are offering the biggest dividends to investigators: those that facilitate information-sharing within the government and allow more streamlined wiretapping and search procedures. But reasonable observers never doubted that unshackling investigators would aid them in catching bad guys. The question is what else it would do — what the civil liberties impact would be and how these powers would be used in cases that don’t lead to high-profile prosecutions.

The Justice Department report does not begin to answer these questions. Nor does it offer the sort of systematic data on the frequency of using the new powers that will be necessary to assess the act comprehensively. The department absurdly maintains that basic data concerning some of the law’s most controversial provisions must remain classified — though Mr. Ashcroft has released bits when it was politically convenient for him to do so.

The truth is that the Patriot Act is a complicated law that few people understand in its entirety. It was mashed together in the immediate aftermath of the Sept. 11, 2001, attacks, when it was not clear exactly what new tools were needed against terrorism or how dangerous to liberty those tools might be. A lot of guesswork went into the law’s creation, and it is likely that Congress and the administration guessed better in some areas than in others. There is little evidence at this stage that any of the provisions have given rise to abuses. But some provisions, including some of the most valuable of the new powers, could be dangerous in the wrong hands or in the absence of rigorous oversight.

Assessing the Patriot Act requires taking it apart and examining its major pieces separately. Former deputy attorney general Larry D. Thompson suggested last year that a biparti- san commission be appointed to study the law in detail. This seems like a good idea, particularly if such a commission could have access to the sort of detail that would permit a systematic evaluation. A policy decision of this importance should not be made on the basis of competing press releases.

© 2004 The Washington Post Company

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Bush Knew of Rumsfeld’s Torture Plans

THE GRAY ZONE
 
How a secret Pentagon program came to Abu Ghraib.
 
Issue of 2004-05-24
Posted 2004-05-15

The roots of the Abu Ghraib prison scandal lie not in the criminal inclinations of a few Army reservists but in a decision, approved last year by Secretary of Defense Donald Rumsfeld, to expand a highly secret operation, which had been focussed on the hunt for Al Qaeda, to the interrogation of prisoners in Iraq. Rumsfeld’s decision embittered the American intelligence community, damaged the effectiveness of élite combat units, and hurt America’s prospects in the war on terror.

According to interviews with several past and present American intelligence officials, the Pentagon’s operation, known inside the intelligence community by several code words, including Copper Green, encouraged physical coercion and sexual humiliation of Iraqi prisoners in an effort to generate more intelligence about the growing insurgency in Iraq. A senior C.I.A. official, in confirming the details of this account last week, said that the operation stemmed from Rumsfeld’s long-standing desire to wrest control of America’s clandestine and paramilitary operations from the C.I.A.

Rumsfeld, during appearances last week before Congress to testify about Abu Ghraib, was precluded by law from explicitly mentioning highly secret matters in an unclassified session. But he conveyed the message that he was telling the public all that he knew about the story. He said, “Any suggestion that there is not a full, deep awareness of what has happened, and the damage it has done, I think, would be a misunderstanding.” The senior C.I.A. official, asked about Rumsfeld’s testimony and that of Stephen Cambone, his Under-Secretary for Intelligence, said, “Some people think you can bullshit anyone.”

The Abu Ghraib story began, in a sense, just weeks after the September 11, 2001, attacks, with the American bombing of Afghanistan. Almost from the start, the Administration’s search for Al Qaeda members in the war zone, and its worldwide search for terrorists, came up against major command-and-control problems. For example, combat forces that had Al Qaeda targets in sight had to obtain legal clearance before firing on them. On October 7th, the night the bombing began, an unmanned Predator aircraft tracked an automobile convoy that, American intelligence believed, contained Mullah Muhammad Omar, the Taliban leader. A lawyer on duty at the United States Central Command headquarters, in Tampa, Florida, refused to authorize a strike. By the time an attack was approved, the target was out of reach. Rumsfeld was apoplectic over what he saw as a self-defeating hesitation to attack that was due to political correctness. One officer described him to me that fall as “kicking a lot of glass and breaking doors.” In November, the Washington Post reported that, as many as ten times since early October, Air Force pilots believed they’d had senior Al Qaeda and Taliban members in their sights but had been unable to act in time because of legalistic hurdles. There were similar problems throughout the world, as American Special Forces units seeking to move quickly against suspected terrorist cells were compelled to get prior approval from local American ambassadors and brief their superiors in the chain of command.

Rumsfeld reacted in his usual direct fashion: he authorized the establishment of a highly secret program that was given blanket advance approval to kill or capture and, if possible, interrogate “high value” targets in the Bush Administration’s war on terror. A special-access program, or sap—subject to the Defense Department’s most stringent level of security—was set up, with an office in a secure area of the Pentagon. The program would recruit operatives and acquire the necessary equipment, including aircraft, and would keep its activities under wraps. America’s most successful intelligence operations during the Cold War had been saps, including the Navy’s submarine penetration of underwater cables used by the Soviet high command and construction of the Air Force’s stealth bomber. All the so-called “black” programs had one element in common: the Secretary of Defense, or his deputy, had to conclude that the normal military classification restraints did not provide enough security.

“Rumsfeld’s goal was to get a capability in place to take on a high-value target—a standup group to hit quickly,” a former high-level intelligence official told me. “He got all the agencies together—the C.I.A. and the N.S.A.—to get pre-approval in place. Just say the code word and go.” The operation had across-the-board approval from Rumsfeld and from Condoleezza Rice, the national-security adviser. President Bush was informed of the existence of the program, the former intelligence official said.

The people assigned to the program worked by the book, the former intelligence official told me. They created code words, and recruited, after careful screening, highly trained commandos and operatives from America’s élite forces—Navy seals, the Army’s Delta Force, and the C.I.A.’s paramilitary experts. They also asked some basic questions: “Do the people working the problem have to use aliases? Yes. Do we need dead drops for the mail? Yes. No traceability and no budget. And some special-access programs are never fully briefed to Congress.”

In theory, the operation enabled the Bush Administration to respond immediately to time-sensitive intelligence: commandos crossed borders without visas and could interrogate terrorism suspects deemed too important for transfer to the military’s facilities at Guantánamo, Cuba. They carried out instant interrogations—using force if necessary—at secret C.I.A. detention centers scattered around the world. The intelligence would be relayed to the sap command center in the Pentagon in real time, and sifted for those pieces of information critical to the “white,” or overt, world.

Fewer than two hundred operatives and officials, including Rumsfeld and General Richard Myers, chairman of the Joint Chiefs of Staff, were “completely read into the program,” the former intelligence official said. The goal was to keep the operation protected. “We’re not going to read more people than necessary into our heart of darkness,” he said. “The rules are ‘Grab whom you must. Do what you want.’”

One Pentagon official who was deeply involved in the program was Stephen Cambone, who was named Under-Secretary of Defense for Intelligence in March, 2003. The office was new; it was created as part of Rumsfeld’s reorganization of the Pentagon. Cambone was unpopular among military and civilian intelligence bureaucrats in the Pentagon, essentially because he had little experience in running intelligence programs, though in 1998 he had served as staff director for a committee, headed by Rumsfeld, that warned of an emerging ballistic-missile threat to the United States. He was known instead for his closeness to Rumsfeld. “Remember Henry II—‘Who will rid me of this meddlesome priest?’” the senior C.I.A. official said to me, with a laugh, last week. “Whatever Rumsfeld whimsically says, Cambone will do ten times that much.”

Cambone was a strong advocate for war against Iraq. He shared Rumsfeld’s disdain for the analysis and assessments proffered by the C.I.A., viewing them as too cautious, and chafed, as did Rumsfeld, at the C.I.A.’s inability, before the Iraq war, to state conclusively that Saddam Hussein harbored weapons of mass destruction. Cambone’s military assistant, Army Lieutenant General William G. (Jerry) Boykin, was also controversial. Last fall, he generated unwanted headlines after it was reported that, in a speech at an Oregon church, he equated the Muslim world with Satan.

Early in his tenure, Cambone provoked a bureaucratic battle within the Pentagon by insisting that he be given control of all special-access programs that were relevant to the war on terror. Those programs, which had been viewed by many in the Pentagon as sacrosanct, were monitored by Kenneth deGraffenreid, who had experience in counter-intelligence programs. Cambone got control, and deGraffenreid subsequently left the Pentagon. Asked for comment on this story, a Pentagon spokesman said, “I will not discuss any covert programs; however, Dr. Cambone did not assume his position as the Under-Secretary of Defense for Intelligence until March 7, 2003, and had no involvement in the decision-making process regarding interrogation procedures in Iraq or anywhere else.”

In mid-2003, the special-access program was regarded in the Pentagon as one of the success stories of the war on terror. “It was an active program,” the former intelligence official told me. “It’s been the most important capability we have for dealing with an imminent threat. If we discover where Osama bin Laden is, we can get him. And we can remove an existing threat with a real capability to hit the United States—and do so without visibility.” Some of its methods were troubling and could not bear close scrutiny, however.

By then, the war in Iraq had begun. The sap was involved in some assignments in Iraq, the former official said. C.I.A. and other American Special Forces operatives secretly teamed up to hunt for Saddam Hussein and—without success—for Iraqi weapons of mass destruction. But they weren’t able to stop the evolving insurgency.

In the first months after the fall of Baghdad, Rumsfeld and his aides still had a limited view of the insurgency, seeing it as little more than the work of Baathist “dead-enders,” criminal gangs, and foreign terrorists who were Al Qaeda followers. The Administration measured its success in the war by how many of those on its list of the fifty-five most wanted members of the old regime—reproduced on playing cards—had been captured. Then, in August, 2003, terror bombings in Baghdad hit the Jordanian Embassy, killing nineteen people, and the United Nations headquarters, killing twenty-three people, including Sergio Vieira de Mello, the head of the U.N. mission. On August 25th, less than a week after the U.N. bombing, Rumsfeld acknowledged, in a talk before the Veterans of Foreign Wars, that “the dead-enders are still with us.” He went on, “There are some today who are surprised that there are still pockets of resistance in Iraq, and they suggest that this represents some sort of failure on the part of the Coalition. But this is not the case.” Rumsfeld compared the insurgents with those true believers who “fought on during and after the defeat of the Nazi regime in Germany.” A few weeks later—and five months after the fall of Baghdad—the Defense Secretary declared,“It is, in my view, better to be dealing with terrorists in Iraq than in the United States.”

Inside the Pentagon, there was a growing realization that the war was going badly. The increasingly beleaguered and baffled Army leadership was telling reporters that the insurgents consisted of five thousand Baathists loyal to Saddam Hussein. “When you understand that they’re organized in a cellular structure,” General John Abizaid, the head of the Central Command, declared, “that . . . they have access to a lot of money and a lot of ammunition, you’ll understand how dangerous they are.”

The American military and intelligence communities were having little success in penetrating the insurgency. One internal report prepared for the U.S. military, made available to me, concluded that the insurgents’“strategic and operational intelligence has proven to be quite good.” According to the study:

Their ability to attack convoys, other vulnerable targets and particular individuals has been the result of painstaking surveillance and reconnaissance. Inside information has been passed on to insurgent cells about convoy/troop movements and daily habits of Iraqis working with coalition from within the Iraqi security services, primarily the Iraqi Police force which is rife with sympathy for the insurgents, Iraqi ministries and from within pro-insurgent individuals working with the CPA’s so-called Green Zone.

The study concluded, “Politically, the U.S. has failed to date. Insurgencies can be fixed or ameliorated by dealing with what caused them in the first place. The disaster that is the reconstruction of Iraq has been the key cause of the insurgency. There is no legitimate government, and it behooves the Coalition Provisional Authority to absorb the sad but unvarnished fact that most Iraqis do not see the Governing Council”—the Iraqi body appointed by the C.P.A.—“as the legitimate authority. Indeed, they know that the true power is the CPA.”

By the fall, a military analyst told me, the extent of the Pentagon’s political and military misjudgments was clear. Donald Rumsfeld’s “dead-enders” now included not only Baathists but many marginal figures as well—thugs and criminals who were among the tens of thousands of prisoners freed the previous fall by Saddam as part of a prewar general amnesty. Their desperation was not driving the insurgency; it simply made them easy recruits for those who were. The analyst said, “We’d killed and captured guys who had been given two or three hundred dollars to ‘pray and spray’”—that is, shoot randomly and hope for the best. “They weren’t really insurgents but down-and-outers who were paid by wealthy individuals sympathetic to the insurgency.” In many cases, the paymasters were Sunnis who had been members of the Baath Party. The analyst said that the insurgents “spent three or four months figuring out how we operated and developing their own countermeasures. If that meant putting up a hapless guy to go and attack a convoy and see how the American troops responded, they’d do it.” Then, the analyst said, “the clever ones began to get in on the action.”

By contrast, according to the military report, the American and Coalition forces knew little about the insurgency: “Human intelligence is poor or lacking . . . due to the dearth of competence and expertise. . . . The intelligence effort is not coördinated since either too many groups are involved in gathering intelligence or the final product does not get to the troops in the field in a timely manner.” The success of the war was at risk; something had to be done to change the dynamic.

The solution, endorsed by Rumsfeld and carried out by Stephen Cambone, was to get tough with those Iraqis in the Army prison system who were suspected of being insurgents. A key player was Major General Geoffrey Miller, the commander of the detention and interrogation center at Guantánamo, who had been summoned to Baghdad in late August to review prison interrogation procedures. The internal Army report on the abuse charges, written by Major General Antonio Taguba in February, revealed that Miller urged that the commanders in Baghdad change policy and place military intelligence in charge of the prison. The report quoted Miller as recommending that “detention operations must act as an enabler for interrogation.”

Miller’s concept, as it emerged in recent Senate hearings, was to “Gitmoize” the prison system in Iraq—to make it more focussed on interrogation. He also briefed military commanders in Iraq on the interrogation methods used in Cuba—methods that could, with special approval, include sleep deprivation, exposure to extremes of cold and heat, and placing prisoners in “stress positions” for agonizing lengths of time. (The Bush Administration had unilaterally declared Al Qaeda and other captured members of international terrorist networks to be illegal combatants, and not eligible for the protection of the Geneva Conventions.)

Rumsfeld and Cambone went a step further, however: they expanded the scope of the sap, bringing its unconventional methods to Abu Ghraib. The commandos were to operate in Iraq as they had in Afghanistan. The male prisoners could be treated roughly, and exposed to sexual humiliation.

“They weren’t getting anything substantive from the detainees in Iraq,” the former intelligence official told me. “No names. Nothing that they could hang their hat on. Cambone says, I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up—the black special-access program—and I’m going in hot. So he pulls the switch, and the electricity begins flowing last summer. And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing into the white world. We’re getting good stuff. But we’ve got more targets”—prisoners in Iraqi jails—“than people who can handle them.”

Cambone then made another crucial decision, the former intelligence official told me: not only would he bring the sap’s rules into the prisons; he would bring some of the Army military-intelligence officers working inside the Iraqi prisons under the sap’sauspices. “So here are fundamentally good soldiers—military-intelligence guys—being told that no rules apply,” the former official, who has extensive knowledge of the special-access programs, added. “And, as far as they’re concerned, this is a covert operation, and it’s to be kept within Defense Department channels.”

The military-police prison guards, the former official said, included “recycled hillbillies from Cumberland, Maryland.” He was referring to members of the 372nd Military Police Company. Seven members of the company are now facing charges for their role in the abuse at Abu Ghraib. “How are these guys from Cumberland going to know anything? The Army Reserve doesn’t know what it’s doing.”

Who was in charge of Abu Ghraib—whether military police or military intelligence—was no longer the only question that mattered. Hard-core special operatives, some of them with aliases, were working in the prison. The military police assigned to guard the prisoners wore uniforms, but many others—military intelligence officers, contract interpreters, C.I.A. officers, and the men from the special-access program—wore civilian clothes. It was not clear who was who, even to Brigadier General Janis Karpinski, then the commander of the 800th Military Police Brigade, and the officer ostensibly in charge. “I thought most of the civilians there were interpreters, but there were some civilians that I didn’t know,” Karpinski told me. “I called them the disappearing ghosts. I’d seen them once in a while at Abu Ghraib and then I’d see them months later. They were nice—they’d always call out to me and say, ‘Hey, remember me? How are you doing?’” The mysterious civilians, she said, were “always bringing in somebody for interrogation or waiting to collect somebody going out.” Karpinski added that she had no idea who was operating in her prison system. (General Taguba found that Karpinski’s leadership failures contributed to the abuses.)

By fall, according to the former intelligence official, the senior leadership of the C.I.A. had had enough. “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets’”—the sort of prisoners who populate the Iraqi jails. “The C.I.A.’s legal people objected,” and the agency ended its sap involvement in Abu Ghraib, the former official said.

The C.I.A.’s complaints were echoed throughout the intelligence community. There was fear that the situation at Abu Ghraib would lead to the exposure of the secret sap, and thereby bring an end to what had been, before Iraq, a valuable cover operation. “This was stupidity,” a government consultant told me. “You’re taking a program that was operating in the chaos of Afghanistan against Al Qaeda, a stateless terror group, and bringing it into a structured, traditional war zone. Sooner or later, the commandos would bump into the legal and moral procedures of a conventional war with an Army of a hundred and thirty-five thousand soldiers.”

The former senior intelligence official blamed hubris for the Abu Ghraib disaster. “There’s nothing more exhilarating for a pissant Pentagon civilian than dealing with an important national security issue without dealing with military planners, who are always worried about risk,” he told me. “What could be more boring than needing the coöperation of logistical planners?” The only difficulty, the former official added, is that, “as soon as you enlarge the secret program beyond the oversight capability of experienced people, you lose control. We’ve never had a case where a special-access program went sour—and this goes back to the Cold War.”

In a separate interview, a Pentagon consultant, who spent much of his career directly involved with special-access programs, spread the blame. “The White House subcontracted this to the Pentagon, and the Pentagon subcontracted it to Cambone,” he said. “This is Cambone’s deal, but Rumsfeld and Myers approved the program.” When it came to the interrogation operation at Abu Ghraib, he said, Rumsfeld left the details to Cambone. Rumsfeld may not be personally culpable, the consultant added, “but he’s responsible for the checks and balances. The issue is that, since 9/11, we’ve changed the rules on how we deal with terrorism, and created conditions where the ends justify the means.”

Last week, statements made by one of the seven accused M.P.s, Specialist Jeremy Sivits, who is expected to plead guilty, were released. In them, he claimed that senior commanders in his unit would have stopped the abuse had they witnessed it. One of the questions that will be explored at any trial, however, is why a group of Army Reserve military policemen, most of them from small towns, tormented their prisoners as they did, in a manner that was especially humiliating for Iraqi men.

The notion that Arabs are particularly vulnerable to sexual humiliation became a talking point among pro-war Washington conservatives in the months before the March, 2003, invasion of Iraq. One book that was frequently cited was “The Arab Mind,” a study of Arab culture and psychology, first published in 1973, by Raphael Patai, a cultural anthropologist who taught at, among other universities, Columbia and Princeton, and who died in 1996. The book includes a twenty-five-page chapter on Arabs and sex, depicting sex as a taboo vested with shame and repression. “The segregation of the sexes, the veiling of the women . . . and all the other minute rules that govern and restrict contact between men and women, have the effect of making sex a prime mental preoccupation in the Arab world,” Patai wrote. Homosexual activity, “or any indication of homosexual leanings, as with all other expressions of sexuality, is never given any publicity. These are private affairs and remain in private.” The Patai book, an academic told me, was “the bible of the neocons on Arab behavior.” In their discussions, he said, two themes emerged—“one, that Arabs only understand force and, two, that the biggest weakness of Arabs is shame and humiliation.”

The government consultant said that there may have been a serious goal, in the beginning, behind the sexual humiliation and the posed photographs. It was thought that some prisoners would do anything—including spying on their associates—to avoid dissemination of the shameful photos to family and friends. The government consultant said, “I was told that the purpose of the photographs was to create an army of informants, people you could insert back in the population.” The idea was that they would be motivated by fear of exposure, and gather information about pending insurgency action, the consultant said. If so, it wasn’t effective; the insurgency continued to grow.

“This shit has been brewing for months,” the Pentagon consultant who has dealt with saps told me. “You don’t keep prisoners naked in their cell and then let them get bitten by dogs. This is sick.” The consultant explained that he and his colleagues, all of whom had served for years on active duty in the military, had been appalled by the misuse of Army guard dogs inside Abu Ghraib. “We don’t raise kids to do things like that. When you go after Mullah Omar, that’s one thing. But when you give the authority to kids who don’t know the rules, that’s another.”

In 2003, Rumsfeld’s apparent disregard for the requirements of the Geneva Conventions while carrying out the war on terror had led a group of senior military legal officers from the Judge Advocate General’s (jag) Corps to pay two surprise visits within five months to Scott Horton, who was then chairman of the New York City Bar Association’s Committee on International Human Rights. “They wanted us to challenge the Bush Administration about its standards for detentions and interrogation,” Horton told me. “They were urging us to get involved and speak in a very loud voice. It came pretty much out of the blue. The message was that conditions are ripe for abuse, and it’s going to occur.” The military officials were most alarmed about the growing use of civilian contractors in the interrogation process, Horton recalled. “They said there was an atmosphere of legal ambiguity being created as a result of a policy decision at the highest levels in the Pentagon. The jag officers were being cut out of the policy formulation process.” They told him that, with the war on terror, a fifty-year history of exemplary application of the Geneva Conventions had come to an end.

The abuses at Abu Ghraib were exposed on January 13th, when Joseph Darby, a young military policeman assigned to Abu Ghraib, reported the wrongdoing to the Army’s Criminal Investigations Division. He also turned over a CD full of photographs. Within three days, a report made its way to Donald Rumsfeld, who informed President Bush.

The inquiry presented a dilemma for the Pentagon. The C.I.D. had to be allowed to continue, the former intelligence official said. “You can’t cover it up. You have to prosecute these guys for being off the reservation. But how do you prosecute them when they were covered by the special-access program? So you hope that maybe it’ll go away.” The Pentagon’s attitude last January, he said, was “Somebody got caught with some photos. What’s the big deal? Take care of it.” Rumsfeld’s explanation to the White House, the official added, was reassuring: “‘We’ve got a glitch in the program. We’ll prosecute it.’ The cover story was that some kids got out of control.”

In their testimony before Congress last week, Rumsfeld and Cambone struggled to convince the legislators that Miller’s visit to Baghdad in late August had nothing to do with the subsequent abuse. Cambone sought to assure the Senate Armed Services Committee that the interplay between Miller and Lieutenant General Ricardo Sanchez, the top U.S. commander in Iraq, had only a casual connection to his office. Miller’s recommendations, Cambone said, were made to Sanchez. His own role, he said, was mainly to insure that the “flow of intelligence back to the commands” was “efficient and effective.” He added that Miller’s goal was “to provide a safe, secure and humane environment that supports the expeditious collection of intelligence.”

It was a hard sell. Senator Hillary Clinton, Democrat of New York, posed the essential question facing the senators:

If, indeed, General Miller was sent from Guantánamo to Iraq for the purpose of acquiring more actionable intelligence from detainees, then it is fair to conclude that the actions that are at point here in your report [on abuses at Abu Ghraib] are in some way connected to General Miller’s arrival and his specific orders, however they were interpreted, by those MPs and the military intelligence that were involved.. . .Therefore, I for one don’t believe I yet have adequate information from Mr. Cambone and the Defense Department as to exactly what General Miller’s orders were . . . how he carried out those orders, and the connection between his arrival in the fall of ’03 and the intensity of the abuses that occurred afterward.

Sometime before the Abu Ghraib abuses became public, the former intelligence official told me, Miller was “read in”—that is, briefed—on the special-access operation. In April, Miller returned to Baghdad to assume control of the Iraqi prisons; once the scandal hit, with its glaring headlines, General Sanchez presented him to the American and international media as the general who would clean up the Iraqi prison system and instill respect for the Geneva Conventions. “His job is to save what he can,” the former official said. “He’s there to protect the program while limiting any loss of core capability.” As for Antonio Taguba, the former intelligence official added, “He goes into it not knowing shit. And then: ‘Holy cow! What’s going on?’”

If General Miller had been summoned by Congress to testify, he, like Rumsfeld and Cambone, would not have been able to mention the special-access program. “If you give away the fact that a special-access program exists,”the former intelligence official told me, “you blow the whole quick-reaction program.”

One puzzling aspect of Rumsfeld’s account of his initial reaction to news of the Abu Ghraib investigation was his lack of alarm and lack of curiosity. One factor may have been recent history: there had been many previous complaints of prisoner abuse from organization like Human Rights Watch and the International Red Cross, and the Pentagon had weathered them with ease. Rumsfeld told the Senate Armed Services Committee that he had not been provided with details of alleged abuses until late March, when he read the specific charges. “You read it, as I say, it’s one thing. You see these photographs and it’s just unbelievable. . . . It wasn’t three-dimensional. It wasn’t video. It wasn’t color. It was quite a different thing.” The former intelligence official said that, in his view, Rumsfeld and other senior Pentagon officials had not studied the photographs because “they thought what was in there was permitted under the rules of engagement,” as applied to the sap. “The photos,” he added, “turned out to be the result of the program run amok.”

The former intelligence official made it clear that he was not alleging that Rumsfeld or General Myers knew that atrocities were committed. But, he said, “it was their permission granted to do the sap, generically, and there was enough ambiguity, which permitted the abuses.”

This official went on, “The black guys”—those in the Pentagon’s secret program—“say we’ve got to accept the prosecution. They’re vaccinated from the reality.” The sap is still active, and “the United States is picking up guys for interrogation. The question is, how do they protect the quick-reaction force without blowing its cover?” The program was protected by the fact that no one on the outside was allowed to know of its existence. “If you even give a hint that you’re aware of a black program that you’re not read into, you lose your clearances,” the former official said. “Nobody will talk. So the only people left to prosecute are those who are undefended—the poor kids at the end of the food chain.”

The most vulnerable senior official is Cambone. “The Pentagon is trying now to protect Cambone, and doesn’t know how to do it,” the former intelligence official said.

Last week, the government consultant, who has close ties to many conservatives, defended the Administration’s continued secrecy about the special-access program in Abu Ghraib. “Why keep it black?” the consultant asked. “Because the process is unpleasant. It’s like making sausage—you like the result but you don’t want to know how it was made. Also, you don’t want the Iraqi public, and the Arab world, to know. Remember, we went to Iraq to democratize the Middle East. The last thing you want to do is let the Arab world know how you treat Arab males in prison.”

The former intelligence official told me he feared that one of the disastrous effects of the prison-abuse scandal would be the undermining of legitimate operations in the war on terror, which had already suffered from the draining of resources into Iraq. He portrayed Abu Ghraib as “a tumor” on the war on terror. He said, “As long as it’s benign and contained, the Pentagon can deal with the photo crisis without jeopardizing the secret program. As soon as it begins to grow, with nobody to diagnose it—it becomes a malignant tumor.”

The Pentagon consultant made a similar point. Cambone and his superiors, the consultant said, “created the conditions that allowed transgressions to take place. And now we’re going to end up with another Church Commission”—the 1975 Senate committee on intelligence, headed by Senator Frank Church, of Idaho, which investigated C.I.A. abuses during the previous two decades. Abu Ghraib had sent the message that the Pentagon leadership was unable to handle its discretionary power. “When the shit hits the fan, as it did on 9/11, how do you push the pedal?” the consultant asked. “You do it selectively and with intelligence.”

“Congress is going to get to the bottom of this,” the Pentagon consultant said. “You have to demonstrate that there are checks and balances in the system.” He added, “When you live in a world of gray zones, you have to have very clear red lines.”

Senator John McCain, of Arizona, said, “If this is true, it certainly increases the dimension of this issue and deserves significant scrutiny. I will do all possible to get to the bottom of this, and all other allegations.”

“In an odd way,” Kenneth Roth, the executive director of Human Rights Watch, said, “the sexual abuses at Abu Ghraib have become a diversion for the prisoner abuse and the violation of the Geneva Conventions that is authorized.” Since September 11th, Roth added, the military has systematically used third-degree techniques around the world on detainees. “Some jags hate this and are horrified that the tolerance of mistreatment will come back and haunt us in the next war,” Roth told me. “We’re giving the world a ready-made excuse to ignore the Geneva Conventions. Rumsfeld has lowered the bar.”

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Fears rise anew over homegrown terrorists

With focus abroad, militias may thrive

AUSTIN, Texas — When FBI agents searched a rented storage locker in a small east Texas town last year, they were alarmed to discover a huge cache of weapons and the ingredients to make a cyanide bomb capable of killing thousands.

Just as startling was the identity of the owner of the arsenal, which included nearly half a million rounds of ammunition and more than 60 pipe bombs. He was not some foreign terrorist with ties to Al Qaeda but a 63-year-old Texan with an affinity for anti-government militias and white supremacist views.

William Krar, an itinerant gun dealer, quickly pleaded guilty to possession of the chemical weapon and then promptly clammed up, leaving federal officials to wonder what he intended to do with his deadly arsenal and whether his conspiracy extended beyond two known accomplices who pleaded guilty to lesser charges.

Experts who track domestic terrorist groups would like to know as well. The 1995 Oklahoma City bombing, which occurred nine years ago Monday, led to a period of disarray and decline for militias, but anti-government right-wing extremists remain a largely hidden threat of unknown proportions.

With the nation focused on terrorist threats from abroad in the wake of the Sept. 11, 2001, attacks, experts wonder if the Krar case, which FBI agents discovered only by accident, could be a harbinger of homegrown attacks to come.

“All of this homeland security, all of the orientation of the government’s war on terror is about protecting our borders,” said Ken Toole, director of the Montana Human Rights Network, which monitors right-wing groups. “We’re moving back into this period where radical right-wing activism is being dismissed as goofy and loopy, whereas the Al Qaeda threat is around every corner. But the right-wingers are much closer to home. And they are still there.”

Mark Pitcavage, director of fact-finding for the Anti-Defamation League, noted that criminal acts by right-wing extremists “remain at a very high level,” including the slayings of three law enforcement officers last year.

Michigan trooper slain

In one incident, Pitcavage said, a member of the Michigan Militia allegedly killed a Michigan state trooper after a traffic stop, while in South Carolina, a family of “sovereign citizens”–right-wing anarchists who reject all government power–allegedly ambushed and killed two local police officers.

Many militia cells withered after the Oklahoma City bombing, their potential members put off by the magnitude of the crime, while the predicted Year 2000 apocalypse failed to materialize. Meanwhile, other white supremacist groups were hit with a series of criminal and civil prosecutions that depleted their memberships and bank accounts.

While the more marginal followers and hangers-on have dropped away, the hard-core members of extremist groups have increased their resolve, experts say. And anti-Muslim sentiments that have grown in the country since the Sept. 11 attacks are providing fertile ground for new recruitment efforts.

“When the threat is foreign, brown and speaks a different language, that plays into exactly their whole rap to attract people,” said Toole.

Secretive extremist enclaves, such as the white-supremacist Elohim City in Oklahoma, are thriving, while new skinhead groups have surfaced in the Pacific Northwest, experts say.

“With distillation, you usually get a purer form of something, and with these groups you get a purer form of militancy,” said Daniel Levitas, author of “The Terrorist Next Door,” a study of domestic terrorist groups published in 2002.

`More and more extreme’

“If you look at the cycle of rebirth of these movements over the last century, each cycle is more and more extreme,” Levitas said. “Now we have William Krar in Texas building a fully functional chemical weapon. You’ve had paramilitary activists produce ricin. It’s only a matter of time before one of the more hard-core remnants of the militias decides to one-up Timothy McVeigh.”

McVeigh was convicted on federal charges of masterminding the Oklahoma City bombing and executed in 2001. His co-conspirator, Terry Nichols, already serving a life term for his federal conviction in the case, is on trial in Oklahoma on state murder charges, for which he could face the death penalty if found guilty.

The Nichols case is resurrecting fresh scrutiny of extremist groups, because the defense team intends to present evidence suggesting that a white-supremacist bank-robbery group might have been involved in preparations for the Oklahoma City bombing.

As bad as that bombing was–168 people were killed when the Alfred P. Murrah Federal Building was destroyed–federal officials say that Krar’s chemical weapon, had it been used, could have been far worse.

Among the remote-controlled bombs, machine guns and silencers discovered during the FBI’s April 2003 raid on Krar’s storage locker were containers of hydrochloric, nitric and acetic acids, as well as more than 800 grams of sodium cyanide.

Mixed together, the ingredients would have turned into the same poison once used in gas chamber executions, and Krar had enough of the materials to create a bomb capable of killing everyone inside a 30,000-square-foot building, authorities said.

Also discovered when Krar was pulled over for a traffic violation in Tennessee in January 2003 were cryptic documents titled “Trip” and “Proceedure” that contained instructions, meeting places and secret codes for a cross-country trip.

One set of code phrases detailed in the documents employed references to the weather to communicate various levels of threat.

“`Tornadoes are expected in our area’–Things very hot; lay low or change your travel plans,” stated one of the instructions, which were included in an affidavit filed by the FBI as part of its request for a search warrant for the storage locker.

The documents, along with other evidence of Krar’s manufacture of fraudulent identification documents and his connections to militia groups, suggested “a much more involved criminal scheme which could potentially include plans for future civil unrest and/or violent civil disorder against the United States Government,” FBI Agent Bart LaRocca wrote in the affidavit.

Krar faces a maximum penalty of life in prison when he is sentenced on May 4. He claimed that the coded instructions were intended to help a girlfriend escape an abusive ex-husband, but revealed no information about his plans for the arsenal. Federal prosecutors have issued more than 100 subpoenas in their efforts to determine how far any conspiracy might have spread.

Krar first came under scrutiny in 1985, when he was convicted of impersonating a law enforcement officer. In 1995, federal agents investigated him for alleged illegal gun dealing, though he was not charged with a crime, according to the FBI affidavit.

The wrong address

The FBI stumbled upon Krar again in 2002 after he sent a package containing numerous forged identification documents to a member of the New Jersey Militia. The package was mistakenly delivered to a resident of Staten Island, N.Y., who turned it over to police.

“The Justice Department is to be commended for having aggressively pursued that investigation and tracked Krar down,” said Levitas. “But the fact that they made this discovery entirely by accident, and Krar slipped through their fingers and off their radar screen on numerous occasions, is extraordinarily troubling.

“There are thousands of William Krars out there who aren’t being pursued,” Levitas added.

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My Hell in Camp X-Ray

My Hell in Camp X-Ray

A British captive freed from Guantanamo Bay today tells the world of its full horror – and reveals how prostitutes were taken into the camp to degrade Muslim inmates.

Jamal al-Harith, 37, who arrived home three days ago after two years of confinement, is the first detainee to lift the lid on the US regime in Cuba’s Camp X-Ray and Camp Delta.

The father-of-three, from Manchester, told how he was assaulted with fists, feet and batons after refusing a mystery injection.

He said detainees were shackled for up to 15 hours at a time in hand and leg cuffs with metal links which cut into the skin.

Their “cells” were wire cages with concrete floors and open to the elements – giving no privacy or protection from the rats, snakes and scorpions loose around the American base.

He claims punishment beatings were handed out by guards known as the Extreme Reaction Force. They waded into inmates in full riot-gear, raining blows on them.

Prisoners faced psychological torture and mind-games in attempts to make them confess to acts they had never committed. Even petty breaches of rules brought severe punishment.

Medical treatment was sparse and brutal and amputations of limbs were more drastic than required, claimed Jamal.

A diet of foul water and food up to 10 years out-of-date left inmates malnourished.

But Jamal’s most shocking disclosure centred on the use of vice girls to torment the most religiously devout detainees.

Prisoners who had never seen an “unveiled” woman before would be forced to watch as the hookers touched their own naked bodies.

The men would return distraught. One said an American girl had smeared menstrual blood across his face in an act of humiliation.

Jamal said: “I knew of this happening about 10 times. It always seemed to be those who were very young or known to be particularly religious who would be taken away.

“I would joke with the other British lads, ‘Bring them to us – we’ll have them’. It made us laugh. But the Americans obviously knew we wouldn’t be shocked by seeing Western women, so they didn’t bother.

“It was a profoundly disturbing experience for these men. They would refuse to speak about what had happened. It would take perhaps four weeks for them to tell a friend – and we would shout it out around the whole block.”

Jamal added: “The whole point of Guantanamo was to get to you psychologically. The beatings were not as nearly as bad as the psychological torture – bruises heal after a week – but the other stuff stays with you.”

He was talking from a secret location after being reunited with his family. The website designer, a convert to Islam, had gone to Pakistan in October 2001, a few weeks after September 11, to study Muslim culture.

He accidentally strayed into Afghanistan – believing he was being driven to Turkey – and was arrested as a spy, perhaps because of his British passport. He was held in Kandahar, Afghanistan, and fell into US hands.

Now Jamal bears the scars of Guantanamo. He stoops into a hunch as he walks because the shackles that bound him were too short.

As a punishment, inmates would be confined so tightly they would be forced to lie in a ball for hours. During lengthy interrogation, they would be tethered to a metal ring on the floor.

Jamal said: “Sometimes you would be chained up on the floor with your hands and feet actually bound together. One of my friends told me he was kept like that for 15 hours once.

“Recreation meant your legs were untied and you walked up and down a strip of gravel. In Camp X-Ray you only got five minutes but in Delta you walked for around 15 minutes.”

Jamal said victims of the Extreme Reaction Force were paraded in front of cells. “It was a horrible sight and it was a frequent sight.”

He said one unit used force-feeding to end a hunger strike by 70 per cent of the 600 inmates. The strike started after a guard deliberately kicked a copy of the Koran.

Rice and beans was the usual diet and the water was “filthy”. Jamal added: “In Camp X-Ray it was yellow and in Delta it was black – the colour of Coca-Cola.

“We had it piped through with a tap in each ‘cage’ but they would often turn the water off as punishment.

“They would shut off the water before prayers so we couldn’t wash ourselves according to our religion.

“The food was terrible as well, up to 10 years out-of-date. They would open a hatch and shove it through a section at a time.

“We had porridge and something they called ‘like-milk’, which was disgusting and ‘like-tea’ and a piece of fruit. The fruit had been frozen and pounded with chemicals. An apple might look red but there was waxy white stuff all over it and inside it would be black and brown.

“They would play tricks on people by denying them things – you might be the only person on your block who didn’t get any bread. I prided myself on never asking them for anything. I would not beg.” Jamal said they were told they had no rights. “They actually said that – ‘You have no rights here’. After a while, we stopped asking for human rights – we wanted animal rights. In Camp X-Ray my cage was right next to a kennel housing an Alsatian dog.

“He had a wooden house with air conditioning and green grass to exercise on. I said to the guards, ‘I want his rights’ and they replied, ‘That dog is member of the US army’.

“You would be punished for anything – for having six packets of salt in your cell rather than five, for hanging your towel through the cage if it wasn’t wet, even for having your spoon and things lined up in the wrong order.”

Being forced to use a bucket as a toilet in view of other inmates and guards was particularly embarrassing. Jamal said: “I never got used to it – we would all put our towels and clothes around us.

“But the Military Police up in the tower would see us and would shout to each other.

“We were only allowed a shower once a week at the beginning and none at all in solitary confinement.

“This was very tough because you are supposed to be clean when you pray.

“Gradually the number of showers rose to three a week. They were always cold.

“You would be chained by two MPs while you were still in the cage before being taken off for what they called ‘rec and shower’.

“You could sometimes see the guards tampering with the shower heads to make water squirt all over the inmate’s clothes if he had put them up to protect his privacy.”

Inmates were issued with “comfort items” – known as CIs – like shampoo, towels, a washcloth and boxer shorts. CIs would be removed as a punishment.

Jamal defiantly refused “treats”, such as watching a James Bond film in a room dubbed The Love Shack by inmates.

He added: “Some people were given pizzas, ice-cream and McDonald’s, but they didn’t offer them to me. I guess they knew bribery would work with some and not with others.”

To pass the time, inmates would chat to each other, pray, read the Koran and sing Islamic songs. In Camp X-Ray, they were given Mills and Boon-style romance novels in Arabic, which they refused to read.

Describing medical treatment, Jamal said he knew of 11 men who had legs amputated and two who lost toes and fingers. He was told that the Americans had removed far more tissue than was necessary.

He added: “The man in the cell next to me had frostbite in two fingers and two toes. He also had it in his big toe, but they didn’t treat that for a year by which time they had to cut off much more than was needed.

“All the men who had lost limbs complained they would chop them off high up and not bother to try to save as much as possible.”

Jamal added that he didn’t have close friends in Guantanamo, saying: “When I did meet the other Brits, we would reminisce about home – particularly the food.

“We were all obsessed with Scottish Highland Shortbread – we wanted some so much.

“One of the Brits told me he was asked why he was a Muslim, because he ought to be praying to the Queen.”

Jamal, who is divorced with daughters aged three and eight and a son of five, is convinced his refusal to succumb to mind-games gave him the will to come through.

He said: “It was very, very hard at times, but I tried to think about nothing but survival.

“I kept my thoughts from home as much as possible because it would drive me crazy.

“About a year into my time, I had a dream. A voice said, ‘You will here for two years’.

“In my dream I said, ‘Two years! You’re joking’. But when I woke up, I was calmer because at least that meant I would be getting out one day.

“I was sent to Guantanamo on February 11, 2002 and left on March 9, 2004, so I was there for just over two years, just like the voice in the dream said.”

********

Terror of torture in Cuba Camp

Jamal al-Harith told last night how he suffered a brutal attack by US military police because he refused to have a mystery injection.

A squad of five men used batons, fists, feet and knees in an assault that left him with severe bruising.

During the beating the officers barked in automated unison: “Comply, comply, comply. Do not resist. Do not resist.”

Jamal told how the men swung into action after he politely refused a jab an orderly was trying to give him because he didn’t know what it was and he was fit and healthy.

The squad was from the US military’s Extreme Reaction Force, a unit trained to hand out beatings and known to prisoners at Guantanamo as ERF.

Jamal said: “I could hear their feet stomping on the ground as they got closer and closer to my cell. They were given a briefing about me refusing the injection, then I heard them readying themselves outside.

“I was terrified of what they were going to do. I had seen victims of ERF being paraded in front of my cell.

“They had been battered and bruised into submission. It was a horrible sight and a frequent sight.”

Jamal, who had been warned by interrogators they would inject him with drugs if he did not answer their questions, cowered in his cell awaiting the inevitable.

When it came the full force of heavily protected men in riot gear, with batons and shields, was used against him.

He said: “They were really gung-ho, hyped up and aggressive. One of them attacked me really hard and left me with a deep red mark from my backbone down to my knee. I thought I was bleeding, but it was just really bad bruising.

“I said to myself, ‘You shouldn’t have put yourself through that’, but said nothing to the ERFs. I didn’t want to give them the satisfaction.

“There is principle and I wasn’t going to take the injection so if they wanted to beat me up that was down to them. This huge black bruise was there for days after that.”

But Jamal’s ordeal didn’t end there. Half an hour later as he was recovering, a second ERF squad arrived to dish out more punishment.

He said: “They accused me of biting a military policeman. I said nothing. I knew it wouldn’t help whatever I said.

“They laid into me again. When they were finished I sat down, picked up the Koran and started reading. Then two guards put me in more chains and said: ‘Will you comply?'”

Jamal was taken to the feared isolation units, nicknamed ISOs, where those accused of misbehaving are kept in solitary confinement with just a mat and towel.

A toothbrush, toothpaste and soap, considered “comfort items”, were denied. Jamal admits this was the first time he cried, although he did not let the guards see he was upset.

He added: “I sobbed a little, twice. Everything had been taken away from me. All I had was my dignity.”

Jamal told of the psychological torture used on those in the isolation unit by guards who were trying to break their resolve.

Bright lights were left on in their cells overnight making it impossible to sleep properly. And the rooms were turned very hot in the day or freezing in the early morning by using fans in the ceiling.

Jamal said: “I’d wake up at 3am shivering like crazy. Just to keep a little bit warm I’d try to sleep under a metal bed to protect me from the cold air that was blowing in.

“I’d kept a towel which I hid from a guard to lie on. It wasn’t much, but it made things a bit better.”

He was put in the isolation unit twice more. Once when he kept ripping off wrist bands with his name and the number 490 written on and another time after guards set up a group of detainees by pretending some spoons had gone missing. Jamal said: “Non-compliance were the favourite words thrown at us.”

Jamal told how he was interrogated on a regular basis by FBI and CIA agents and later MI5.

On 40 occasions he was quizzed in chains, which were bolted to the floor, for up to 12 hours at a time.

Jamal quickly became an expert in their interrogation techniques, often turning questions on his tormentors.

He said: “They’d ask me the same thing over and over again. Sometimes I’d say nothing and they asked me why I wasn’t responding.

“I’d say: ‘You’re boring me, ask me something new and I will reply’.” After the Americans failed to glean any information, MI5 officers and British consular officials interviewed him. On eight or nine occasions they tried to make him admit he was involved in terrorism.

Jamal said: “They would say: ‘Are you a terrorist?’ I’d say ‘no, get me out of here’.”

Speaking about his British interrogators, Jamal added: “They were a mixed bunch. There was one young nervous guy who looked about 21. I called him Youth Training Scheme MI5.

“He wasn’t very professional and hadn’t even checked out my background. One of them did say they had run my name and details through every Interpol check, but could find nothing. I told them that’s because I’m innocent. There’s nothing on me. I haven’t even got a parking ticket.

“The young guy got a bit frustrated with me and said: ‘Are you trying to tell me how to do my job?’

“One MI5 guy I just didn’t want to talk to. He kept asking me questions and I’d say ‘it’s in my file’.

“In the end I said: ‘I’m not talking any more.’ He replied: ‘I’ve come all this way from England to see you.’ I only saw him for 10 minutes. He was very red faced and angry.”

Jamal said his US interrogators were much meaner in their approach to questioning.

One told him after not getting the answers he wanted: “We are going to inject you with drugs.”

Jamal said: “They were trying everything they could to frighten me. They even staged a mock beating up in the next room to me. They started shouting and pulling a chair around, but I knew there wasn’t anyone there because I couldn’t hear any chains clanking on the floor.”

Another officer threatened Jamal with torture to get a confession. He told him: “Then we will kill your family and you.”

Jamal said: “Sometimes they’d joke about what they were going to do to me. But I was determined to show no weakness. I didn’t want to let them think they were getting to me.

“Other times they’d play a good cop, bad cop routine. I tried to remain calm, although I was fuming inside. It would been giving in to have lost my temper and I never did, not once.

“I don’t swear and I didn’t fight back. It was only on principles that I stood my ground.

“The mental torture was far tougher than any of the physical punishments. I knew I was being treated a lot worse than any of the other detainees. They tried everything to break me.

“Ridiculously, they even accused me of being an MI5 spy.

“I began to tease them a little because it was my way of coping. They could never work out when I was serious or not.

I had three plaits in my beard. I suggested, although I didn’t say it, that it was for three people I had killed during drug deals in Moss Side, Manchester.

“I was making the whole thing up but they believed me. Next time I saw an officer he said MI5 had confirmed the story.

“They couldn’t get a handle on me and that frustrated them. In the end one said: ‘Who are you?’ And I said: ‘I’ve been here for over one a half years and you’re asking who I am?’

“I took a stand against them because what they were doing to me was barbaric. I wouldn’t get down on my knees for the chains to be pulled around my body because it was demeaning.

“About 20 per cent of us wouldn’t co-operate. Eventually they backed down and we would stand while the guards went on their knees to chain us up.

“That was a small victory. There weren’t many, but they were memorable. I will cherish them.”

Despite the horror, Jamal said there were lighter moments.

One particular interrogation technique amused him. He said: “They started playing different music to see how I would react.

“They started with country singer Kris Kristofferson which I said I quite liked. Then some Fleetwood Mac songs.

“They watched my reactions on camera. I just said the music’s great and even started singing along. They didn’t play it again.”

In the isolation unit, Jamal met for the first time fellow British detainee Tarek Dergoul.

He said: “He was suave and had a pencil moustache. We had a good chat about life back in Britain.”

Jamal was released on Tuesday after being flown from Cuba to RAF Northolt, West London.

He arrived back with four other former Guantanamo Bay Britons – Asif Iqbal and Ruhal Ahmed, both 22, and 26-year-olds Shafiq Rasul and Tarek.

They were freed on Wednesday night after being quizzed by anti-terrorist police in London.

Four other British suspects are still being held in Cuba.

Foreign Secretary Jack Straw last night said the US was right to keep the men locked up and the release of the five did not necessarily prove their innocence.

He added: “The Americans as far as they were concerned had good reason for detaining them.”

Asked whether they were innocent, he replied: “I can’t answer that question, nobody can.”

***************

I was in the wrong place at the wrong time

Jamal al-Harith’s incredible journey to Guantanamo Bay began in the tough streets of Manchester’s Moss Side.

He was born Ronald Fiddler in a family of Jamaican origin and grew up with his father and two sisters after their mother walked out.

At 23, Ronnie began learning about Islam and converted soon afterwards, taking the name Jamal al-Harith “just because I liked it”.

He took a computer course alongside his religious studies and became a web designer.

He visited several European countries before deciding to go further afield to learn more about Muslims and how they lived.

He began studying the Koran and learned Arabic on a trip to Sudan.

The ill-fated trip to Pakistan in October 2001, just a few weeks after September 11, was his second and he planned to stay for three weeks, learning about Muslim culture and studying the holy book.

Divorced Jamal, who has three children aged three, five and eight, said: “Yes, I travelled to Pakistan in October 2001 but if that’s my crime then you would have to arrest whole planeloads of people.

“When I was interrogated, the Americans used to say ‘How come you’re so clean? We’ve put your name and face through Interpol and we can’t even find a speeding ticket’.

“I told them: ‘That’s because I’ve never done anything wrong in my life. You don’t have anything on me and you still won’t have anything on me when I walk out of here’ – and that’s exactly what happened.

“I think that’s why they were so hard on me. They couldn’t bear to admit they had made a mistake.”

Jamal was in Quetta, on the border with Afghanistan and just four days into his trip to Pakistan, when the Americans began bombing Taliban strongholds.

He decided to leave for Turkey and paid a local truck driver 4,000 rupees – around £47 – to drive him.

He was told their route would take them through Iran, but he had no idea he would be passing through Afghanistan.

A few days into the trip, the truck was stopped by an armed gang.

They grew excited when they saw Jamal’s British passport and after looking at his other possessions, which included a clockwork radio, accused him of being a spy.

He was taken to a filthy jail, held in solitary confinement then transferred to another prison.

He was again held in isolation and was beaten and interrogated, during which he denied he had been spying against the Taliban for the British.

Jamal later told the Americans how a man he presumed was a US agent had died after suffering a particularly brutal beating.

He said: “They tried to say the man wasn’t an American, but I know he was. I am sure I would have got the same treatment but I made sure that every time my guards saw me I was praying.

“The Taliban liked me because I always had the Koran in my hands. I was beaten very badly, but not as badly as most of the other inmates.

“Afghanistan finally fell and I was visited in jail by the Red Cross.

“There were a couple of Pakistanis in the prison and they were allowed to go across the border.

“The Red Cross asked me if I wanted to go with them, but I had no money and no way of getting back to Britain so I asked them to put me in contact with the British Embassy in Kabul.

“That is incredible to me now – I could have gone home on my own.”

Jamal stayed with the Red Cross in Kandahar for a week and, in phone calls to the British Embassy was assured he would soon be put on a flight to Kabul and then back to Britain.

But two days later, the Americans arrived. They drove him to a place described by Jamal as “a concentration camp”, complete with watchtowers and barbed wire.

He said: “I begged the Red Cross to get me out or at least contact the embassy for me. On January 24, I was taken to a US air base and held there for another three weeks.

“Then my interrogator told me I was being sent to Cuba, but it was just standard procedure.

“I was assured it would take about two months to process me and then I could go free. I believed him.”

For the next two years, Jamal continued to protest his innocence.

He said his interrogators would often taunt him by promising he was about to go home, only to pretend they had never said it.

But two weeks ago, Jamal and the four other Britons were met by the Red Cross and told they were finally to be freed.

Before they were released, the Americans asked the five men to sign a piece of paper confessing to links with al-Qaeda and the Taliban.

Jamal said: “This was given to me first by the Americans and then by a British diplomat who asked if I agreed to sign it. I just said ‘No’.

“I would rather have stayed in Guantanamo than sign that paper.

“That night, all the inmates sang Islamic songs for me, wishing me well.

“The next morning, as I walked past them in chains for the last time, they shouted out: ‘Don’t forget us, Jamal. Tell the world, tell the Press, about what is happening here’.”

Jamal was the only one of the five men not to be arrested when they landed at RAF Northolt in West London.

While Tarek Dergoul, 26, Ruhal Ahmed, 22, Asif Iqbal, 22, and Shafiq Rasul, 26, were taken to Paddington Green police station, Jamal was questioned with his solicitor.

“Then suddenly it was all over and they told me I could go,” he said.

Jamal has vowed to sue America for compensation for his two lost years.

He said: “They deprived me of my liberty, interrogated and tortured me and let me go without even a word of apology.”

He also plans to campaign for other detainees to be freed and given human rights.

He said: “I can speak freely at long last and let the world know what’s happening there.

TO be honest I’d rather go on a camping holiday with my family, but I know I have a grave responsibility to those still there.

“That’s why I want my story told in the Daily Mirror.”

Jamal, who has yet to be reunited with his two girls and a boy, said: “I want so much to hug my children and tell them I love them.

“They think I have been on holiday. They don’t know the truth.

“I woke up last night when I heard the keys of someone returning to their hotel room. I woke up in a fright and thought one of the guards was coming to put on my chains.

“I then realised that the light in the room was on. When locked up in our cages, the lights were on as well, and I thought to myself: ‘You can sleep in the dark now’ – and I switched it off.”

Jamal added: “One thing good about being in Guantanamo, was that it made you think. Time actually went very quickly.

“There was always something or other on your mind. It didn’t pay to dwell on things.

“I tried not to think about my family for two years, because it hurt so much.

“I tried to contain everything.

“It was very difficult, but I survived – and I survived well.”

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Veterans for Common Sense

PRESS RELEASE

 National Groups Question the Independence of a Presidential Inquiry into the use of Iraq IntelligenceInquiry must involve Congress and examine the judgment of senior officials  February 4, 2004 – For Immediate ReleaseContact: Ashianna Esmail; (202) 543-6176 The directors of more than a dozen major national organizations and church denominations joined the Education for Peace in Iraq Center (EPIC) today in expressing concern regarding the particulars of the President’s decision to establish a commission to investigate the validity of prewar intelligence on Iraq. Founded in 1998 and representing a growing membership of mainstream Americans, war veterans, and human rights activists, EPIC works to improve humanitarian conditions in Iraq, defend the human rights of the Iraqi people, and ensure governement accountability for the Iraq war and handling of postwar Iraq. In addition to EPIC, signers include the directors of the Arms Control Association, Friends Committee on National Legislation (FCNL), the General Board of Church and Society of the United Methodist Church, Veterans for Common Sense, and Council for a Livable World. Addressing President George W. Bush, Speaker of the House J. Dennis Hastert, House Minority Leader Nancy Pelosi, Senate Majority Leader Bill Frist and Senate Minority Leader Thomas Daschle, the letter states: “the type of inquiry outlined by the White House may fail to address many critical issues in an open, independent, and timely fashion.  Such a failure could further undermine the U.S. government’s credibility at home and abroad, impacting our nation’s ability to work effectively with the international community and address current and future threats to our national security.” The groups agree with Republican Senator Chuck Hagel’s assessment that unless the President convinces the public that he did not “exaggerate” the case for war, “people would start asking, ‘Do we trust his word? Do we trust him to lead this country?’” According to the undersigned organizations, the investigation must examine both the Administration’s prewar intelligence assessments on Iraq and the representation of those assessments by senior Administration officials.  As noted by Cato Institute Director of Defense Policy Studies Charles V. Peña, “we should focus not on the work of professional intelligence analysts, but rather on the judgment of our political leaders, and on their interpretation of all the data at their disposal.” The 18 undersigned organizations outline basic standards that the commission should meet in order for the investigation to have any credibility.   The following spokespersons are available for comment:John David Isaacs, President and Executive Director, Council for a Livable WorldDaryl Kimball, Executive Director, Arms Control AssociationErik Gustafson, Executive Director, Education for Peace in Iraq Center (EPIC)To arrange an interview, call Ashianna Esmail at EPIC at (202) 543-6176 The following is the letter and full list of signers: February 4, 2004 Dear President George W. Bush, Speaker of the House J. Dennis Hastert, House Minority Leader Nancy Pelosi, Senate Majority Leader Bill Frist and Senate Minority Leader Thomas Daschle: We commend the decision to establish a commission to investigate prewar intelligence on Iraq.  A panel of inquiry offers an important first step in addressing widespread concern about the intelligence assessments used to make the case for war against Iraq and the representation of those assessments by senior Administration officials. We remain concerned, however, that the type of inquiry outlined by the White House may fail to address many critical issues in an open, independent, and timely fashion.  Such a failure could further undermine the U.S. government’s credibility at home and abroad, impacting our nation’s ability to work effectively with the international community and address current and future threats to our national security.  We, the undersigned organizations, therefore urge you to ensure the commission meets the following basic standards: • Scope – The independent commission should investigate not only the quality of U.S. intelligence on Iraq’s proscribed weapons programs, but also the representation of the intelligence assessments to the American public, Congress, and the United Nations by senior administration officials.  In particular, the commission should be charged with investigating whether the Administration’s description of the potential threat posed by Iraq accurately reflected the views of professional intelligence analysts. The investigation should be focused on the issues at hand. While investigating the role of intelligence in assessing other unconventional weapons threats may be useful, it is tangential to the specific problems concerning the assessment and representation of the Iraqi threat before the war. • Independent and Qualified Experts – To be truly independent, members of the commission should be appointed by Congress and the White House, requiring the consent of the minority leadership.  Given that officials and agencies within the Executive Branch may well come under investigation by the commission, the body must be able to act independently of the White House and the intelligence agencies.  In appointing members to the commission, there should be a bi-partisan balance, as well as a diversity of political perspectives regarding the war.  The commission should include widely respected individuals with recognized expertise on unconventional weapons and on the gathering and processing of intelligence. • Transparency – An independent commission must operate as openly and transparently as possible.  Recent polls indicate that the U.S. public is concerned about the government’s credibility on Iraq and unconventional weapons.  To address such concerns, the commission’s process of investigation should be clear and transparent to Congress and the public.  Unclassified versions of the commission’s findings and recommendations should be made publicly available in a timely manner. • Timing – Every effort should be made to begin this inquiry quickly, to keep it focused, and to produce findings and recommendations so that the Administration, Congress and the American people can understand what went wrong and how such serious errors can be avoided in the future.  We cannot afford to delay until 2005 given that the United States and the international community are at this time working to deal with major proliferation concerns in key regions.  The independent commission should report to the Congress and the Office of the President on an interim basis no later than the middle of this year and conclude its work no later than the end of this year.  The interim and final reports should describe findings and recommendations and, if consensus cannot be reached, present both  minority and majority views. The war in Iraq has now cost over $150 billion dollars, the lives of more than 500 U.S. service members, nearly 3,000 U.S. wounded, and an estimated 10,000 Iraqi lives.  The U.S. decision to terminate UN weapons inspections in Iraq and launch an invasion of Iraq without UN approval undermined international law.  As no stockpile of unconventional weapons has been found in Iraq, our nation’s reputation has been seriously damaged. To restore public trust, rebuild U.S. credibility abroad, and ensure government accountability on decisions of war and peace, the investigation into the quality of U.S. intelligence and the use of that intelligence in making the case for war must be truly independent and as prompt, thorough and open as possible.  Sincerely,Erik K. Gustafson, Executive DirectorEducation for Peace in Iraq Center (EPIC) Seth Pollack, Board PresidentVeterans for Common Sense Joe Volk, Executive SecretaryFriends Committee on National Legislation (FCNL) John David Isaacs, PresidentCouncil for a Livable World Daryl Kimball, Executive DirectorArms Control Association* Tom Z. Collina, Executive Director20/20 Vision Alistair Millar, Vice PresidentFourth Freedom Forum Maureen Fenlon, O.P., National CoordinatorNETWORK, A National Catholic Social Justice Lobby Susan Shaer, Executive Director, Womens Action for New Directions Martin Butcher, Director of Security Program, Physicians for Social Responsibility Kevin Martin, Executive Director Peace Action & Peace Action Education Fund David Robinson, Executive DirectorPax Christi USA: National Catholic Peace Movement Emira Woods, Co-director, Foreign Policy In FocusInstitute for Policy Studies Phil Jones, Director, Washington Office, Church of the Brethren Rania Masri, Director, Southern Peace Research and Education Center, Institute for Southern Studies Rev. James Kofski, Asia/Pacific and Middle East IssuesMaryknoll Office for Global Concerns William Hartung, Director, Arms Trade Resource Center, World Policy Institute James E. Winkler, General SecretaryGeneral Board of Church and SocietyUnited Methodist Church * for identification purposes only

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No Humanitarian Case for Iraq War, Says Rights Group

The United States and Britain had no justification for invading Iraq either on the grounds of alleged threats from illicit weapons and terrorism, or as a humanitarian mission, an international civil rights group said yesterday.

The failure to find Saddam Hussein’s weapons of mass destruction has left President George Bush and Tony Blair claiming that the invasion was on humanitarian grounds, said a hard-hitting annual report of Human Rights Watch. It said that the West had done nothing when Saddam massacred Kurds and Shias in the past, and there was no evidence of any continuing mass killings at the start of the war in March 2003.

The report claimed that the US and British occupation forces had “sidelined human rights… as a matter of secondary importance. The rule of law has not arrived and Iraq is still beset by the legacy of human rights abuses of the former government, as well as new ones that have emerged under the occupation.” The reasons given for war by Mr Bush and Mr Blair – WMD and Saddam’s alleged links with international terrorism – hadnot been proved, said Kenneth Roth, executive director of the organisation.

He pointed to recent statements by David Kay, the departing head of the Iraq Survey Group, that WMD were unlikey to be discovered, and said it was unlikely that the Hutton report into the death of David Kelly would say anything different. The document praised the American and British forces for striving to minimise civilian casualties during the air campaign, and also for being much more careful in the use of cluster bombs than in previous conflicts. It condemned the Iraqi resistance for indiscriminately bombing public areas.

The report maintained that it was “irrelevant” that the US had “unclean hands” in its support for Saddam in the past, or that there were other countries which suffered worse internal repression. Neither were good enough arguments against military intervention on proper humanitarian grounds.

However, Human Rights Watch said the US-British attack on Iraq failed to qualify on a number of grounds normally used as a test of justified humanitarian military action.

There were no mass killings going on; war was not the only option – legal, economic and political measures could have been taken; there was no evidence that humanitarian purpose was the main one for launching the invasion; the attack did not have the backing of the United Nations or any other multinational body, and the situation in the country has not got better.

Mr Roth said: “The Bush administration cannot justify the war in Iraq as a humanitarian intervention, and neither can Tony Blair … such interventions should be reserved for stopping an imminent or ongoing slaughter. They shouldn’t be used to address atrocities that were ignored in the past.

“Humanitarianism, even understood broadly as a concern for the welfare of people, was at best a subsidiary motive for the invasion of Iraq.”

He said: “Over time, the principal justifications originally given for the Iraq war lost much of their force. More than seven months after the declared end of major hostilities, weapons of mass destruction have not been found. No significant pre-war link between Saddam Hussein and international terrorism has been discovered. The difficulty of establishing stable institutions in Iraq is making the country an increasingly unlikely staging ground for promoting democracy in the Middle East.”

Human Rights Watch criticises the US and Britain for not sending in more troops after the invasion. This, says the report, might have prevented the anarchy after the fall of Saddam’s regime. Mr Roth said the Pentagon had acted as if it believed that the Iraqis would welcome the soldiers with open arms.

Human Rights Watch is a mainstream body with support across the political spectrum. It does not have a policy of opposing military action.

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U.S. forces accused of razing Iraqi homes; Human rights group says acts would be war crimes

U.S. forces accused of razing Iraqi homes
Human rights group says acts would be war crimes
UNITED NATIONS – U.S. military forces in Iraq “appear” to have committed war crimes by detaining relatives of suspected insurgents or wanted former officials, and demolishing their homes, the U.S.-based advocacy group Human Rights Watch has warned. 

Kenneth Roth, the organization’s executive director, told U.S. Defense Secretary Donald Rumsfeld in a letter on Monday that the United States had reportedly demolished homes “on at least four recent occasions, in situations that did not meet the test of military necessity.” 

It said the actions “rather appeared to be for the purpose of punishing or compelling the cooperation of the family in question.” In two incidents, it added, “U.S. forces also reportedly detained close relatives of a person that the U.S. was attempting to apprehend. In these cases the individuals detained were themselves not suspected of responsibility for any wrongdoing.” 

Geneva Conventions cited

According to Human Rights Watch, destroying civilian property as a reprisal or deterrent “amounts to collective punishment, which is prohibited by the 1949 Geneva Conventions.” Detaining people in order to compel actions from the opposing side “amounts to hostage taking, which is a grave breach of the Geneva Conventions: in other words, a war crime.” 

Mr. Roth called on Mr. Rumsfeld to take “immediate and tangible steps to ensure that actions of U.S. forces in Iraq comply fully with the Geneva Conventions,” and to release “without delay” people detained on the basis of their familial relation to wanted persons.

The Financial Times

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Rape, Kidnap, and Persecution of Women Rise in Iraq under U.S. Occupation

 

So This Is Liberation?

 

All the shades are drawn in Raba’s house on a wide residential street in one of Baghdad’s more affluent neighborhoods. Small daughters and nieces streak through a well-appointed living room, leaving giggles and shrieks in their wake, as their young mothers and aunts sip Pepsi from cans and make wry comments in the darkened space. None of these women leave this home, even so many months after the war came to its so-called end. And Raba, a usually spunky twentysomething, is afraid even to stand in her own doorway. “Before the war we were out until 2 o’clock in the morning all the time,” she says. “Now I don’t even bother to put on my shoes.” If want to know all updates then must visit sustainabilitystreet .

Millions of women have found themselves living under such de facto house arrest since the coalition forces claimed Baghdad in April. They have been forced into this situation by a menacing triple threat that has emerged since the war: First, Saddam Hussein threw open the doors to his prisons in October 2002, releasing criminals onto Iraq’s lightly policed streets. Then came the fall of the regime and the concomitant crumbling of law enforcement. And now, the Coalition Provisional Authority (CPA) is creating a growing human rights crisis for women as an extracurricular issue at best, leaving women at the mercy of thugs on the streets and the religious parties that have rushed into the political vacuum.

Upwards of 400 women have been kidnapped in this city alone, according to various women’s groups, and each horror story ripples throughout each neighborhood. Raba’s story is one of them. As she leans forward to fuss over a tiny niece, her auburn curls part to show a jagged line of black stitches that vertically bisect her scalp. “My wound from the war,” she says with a sardonic laugh.

Raba and her fiancé were driving late one summer evening in his Toyota RAV 4 when they were attacked by a band of men engaged in a popular and profitable post-occupation occupation: carjacking. As they were violently booting the fiancé from the car, one of the men decided that Raba would make a nice addition to the evening’s spoils. But as he was attempting to rape her in the back seat, the intrepid – more furious than afraid, she says – Raba pulled open the door handle and flung herself from the speeding car. The next day, her fiancé and her brother went to the police station to report the stolen car. They didn’t file anything regarding the attempted rape, since, as she says, neither they nor the cops were interested.

“What did I learn from all of this? That what’s important here isn’t a woman’s life, but a nice car,” she says, closing the subject.

She’s more interested in talking about how she hasn’t heard a word from her fiancé since the incident, and our conversation spirals easily into a lengthy eye-rolling and hand-squeezing conference on men and commitment – the sort of thing we should be discussing over brunch, or window shopping in the Mansour district, which everyone says is very fashionable but which these days feels like a ghost town. It’s impossible for Raba and her relatives to imagine feeling safe anywhere but in this room these days, her sister comments as she jumps at the sound of what we hope is just a car backfiring outside. “You can’t imagine what this time has done to us,” she says. “This is not how anything was supposed to be.”

If you talk to women throughout Baghdad, from the brave few who venture out to beauty salons – some of which are now being targeted by fundamentalist groups – to many others at their dining tables, “This is liberation?” emerges as a constant, insistent refrain. Not that they feel any great nostalgia for life under Saddam. Far more women here have stories about husbands and sons who disappeared into mass graves and torture prisons under Saddam than tales of nieces and female neighbors who have gone missing since the war. And sexual violence was a hallmark of a regime that employed men to hold the job of “Violator of Women’s Honor,” who would videotape themselves raping the wives of men the regime perceived as suspect.

But as women here will remind you, the advantage to living under a police state is that the streets feel safe. As demeaning, terrifying and tragic as life under a dictator was for Iraqis, threats were not random acts from random criminals but rather tightly controlled, deliberately deployed terrors. These days the sheer unpredictability of violence is what makes the fear so pervasive. Then, women may have been afraid to step out of line, but now they’re afraid even to step outside their homes alone.

It’s not hard to find women in Baghdad who tell stories of life since the war that make Raba’s tale seem like a lucky break. Eighteen-year-old Zainab and 14-year-old Hanaa can’t use their real names, since every day outside the semi-vacant office building they call home, a man who wants to kill them sits parked in a white car. The two girls were abducted and gang-raped in August when heavily armed former neighbors of theirs burst into their front door late one evening. After several hours of torturous violence at gunpoint Zainab escaped.

Hanaa wasn’t so fortunate. She spent the next week blindfolded in an abandoned house. Each night her abductors would tell her she was to be sold the next day in the north, as part of a growing ring of trafficking in abducted women. But word got out that Zainab had gone to the police, and so they dropped Hanaa off at her doorstep with the threat that if she told anyone what had happened to her, her family would be murdered. Now the girls sit at home in pajamas in the empty rooms they share with their mother and small brother watching their sole luxury, a black-and-white television. Their captors were a prominent Baathist’s son and his newly released felon cronies.

“What do you expect?” said Zainab when I first met her in the hours before the gang dropped a trembling Hanaa at the door, when she thought she might never see her sister again. “They let out the criminals. They got rid of the law. Here we are.”

Zainab and Hanaa say their only hope rests with the Iraqi police – a cruel irony. It turns out that once the police impounded the car used to abduct the sisters, they closed the case. The lead investigating officer, Major Hasan, refused to term the case kidnapping because the captors were known by the girls in their old neighborhood.

“They knew them, yes? So how is it kidnapping?” he says. His treatment of the case is hardly unique – it’s standard practice. “All cases that have to do with kidnapping, they are lies, they are not real. And after the war we haven’t received any case of rape,” says Lieut. Khalil Majid Ahmed, who manages the all-male-staffed precinct.

My questioning of this assertion was met with livid bellowing. “Has anyone tried to assault you? No? So how can you judge? This subject should be closed!”

His second in command, Lt. Col. Ra’ad Heider, elaborated vehemently, “Iraqi society has customs and traditions that keep us very well served. No American values are practiced here. Things that have to do with women, rape, that kind of thing – we will never follow American values!”

To women who remember the days before the cultural shifts that followed the Baathist seizure of power in 1968, when freedom from rape was an Iraqi value, not a Western construct, it’s this misogynistic culture that is an imposition.

“Do you think this is the real Iraq?” says Amal Al-Khaderi, a member of Baghdad’s intelligentsia who remembers a very different life here. “This is Iraq since the wars. This Iraq where women are covered, stay inside, do not speak their mind, this is not Iraq, not the real Iraq.”

Today’s Iraqi culture is a multilayered and deeply complicated dish of still-living ancient tribal traditions, varying forms of Islam and the vestiges of a modern secular society that not so long ago saw miniskirted women working for equal pay, heading ministries and demonstrating for equality throughout the nation’s cities. Under Saddam those women receded from view as their groups were outlawed and their rights stripped. Today, when associations like the Iraqi Women’s League, the oldest such group in the country, are allowed free speech and organization, subjects like rape go unmentioned for fear of angering the newly empowered religious authorities.

“We can’t even mention such things,” says founding member Wassan Al Souz, who shudders in frustration at the situation in which she finds her group. “Just like under Saddam, the problem is the barrier of fear” in this insecure environment, she says.

That is also why women’s groups like the league have decided they cannot take on the penal code Saddam enacted in 1990, which obliterated most rights of women. “What is law? Something you write with a pencil,” the dictator once said flippantly, explaining why he could change laws at will and ignore the Iraqi Constitution, which guaranteed equal rights for men and women. His laws remain what the police as well as judges, even women judges I met, enthusiastically continue to enforce since the war. Laws permit a man to take up to four wives, and they deny women rights in issues of inheritance and divorce.

Then there are laws like Article 427, which states that a rapist is not guilty of rape if he marries his victim. Or Article 409, which prescribes leniency for any man who murders his female relative if she has had sexual intercourse – including rape – that could dishonor the family.

At the CPA’s interim Ministry of Justice, a row of cubicles crammed into a marble stateroom in Saddam’s former Baghdad palace, Zakia Hakki taps away at her keyboard with long fingernails. This elegant woman wrapped head to toe in black, who was one of Iraq’s first women judges, had just been hired by the CPA to make recommendations about legal reforms. At first she seems like a true flash of hope for women’s rights within the occupation – a progressive past as an activist in Kurdistan, a strong connection to her country, a history of work and study in Washington.

But after some prodding she begins to describe the legal reforms she imagines, and the complex ideological contradictions that bind so many Iraqi women present themselves. For all her talk of change, Hakki does not believe Saddam’s laws should be jettisoned. “Take polygamy,” she says. “We need to change the law. If a man is going to take another wife, it can only be because she is mentally ill, sexually dysfunctional, can’t have a child or has AIDS. You know, things like that. We can’t just let men do whatever they want just because they want it. We need rules.”

The new rules, of course, sound awfully similar to the old ones, but she justifies her modest approach simply: These laws exist to protect the sanctity and longevity of the family. And in this country that has known nothing for decades but fear, the family and a strong and self-protecting tribal culture represent the only hope for stability and comfort.

Tension between protecting the family and protecting women’s rights is a common theme in Iraq, when women gab over lunch in their homes or discuss politics in the heavily guarded meeting rooms of the CPA compound. This past September, I spoke with Governing Council member Aquila al-Hashimi in the marble jewel box of a building that only recently housed a segment of the fallen regime and now serves as the council headquarters. As a member of the previous Ministry of Foreign Affairs, al-Hashimi was not allowed to leave the country without a male relative, so fierce was the notion that women, even ones in high positions, needed to be protected. This perceived need to protect women, said al-Hashimi, was inextricably linked to the central concept of honor.

And honor worked to represent not just men’s interests but those of the families they headed. It was the ideal of protecting the family that made the law codes, and the culture that absorbed them, palatable to women. “Take honor killings,” said al-Hashimi. “They only exist to protect the family. That may sound crazy, but it is simply a question of culture.” (Two days after our conversation, al-Hashimi was fatally shot, leaving only two women on the Governing Council.)

The women who live in fear of “honor” killings have little support in Iraq, as Hadil Jawad attests. After Jawad ran off with her neighbor – a man her family passionately disapproved of – eight years ago, her parents and brother made regular visits to her husband’s family’s home in the hopes that the couple would arrive and they could make good on their desire to murder their daughter, or “wash the scandal,” as it is called here. She and her husband returned to Baghdad after living on the lam before the war, Jawad says, but she still expects every day to be recognized by a relative who will put an end to her life.

“I am scared to run into my brother and my uncles, and yet I am still dying to hear news of my family,” she sighs. Each time a woman is raped or even kidnapped – since most families assume that the kidnapping of a woman results in rape – her life is endangered not just by her abductors but by her closest relatives. “A lot of women are like me,” says Jawad, beginning a litany of horror stories. Jawad, who unlike most women in this city refuses to cover her long wavy hair with the hijab, or headscarf, blames Islam and its Sharia law for the culture that she says makes certain her future murder.

Other women activists are doing their best to work within the Islamic system, like Manal Omar, a Muslim American who heads the Iraq field office of the Washington-based group Women for Women International. When Omar was attempting to set up work-training programs for women here, she was astonished to hear many women say that they would be breaking Islam’s tenets if they took jobs. Omar’s response was to approach Shiite clerics throughout the country and convince them to issue fatwas permitting women to work. “It’s not news that Islam and women’s rights can coexist – I mean look at me,” she says, a round face full of urban American attitude glowing from under her hijab.

Many Iraqis are hopeful that Islamic leaders will take it upon themselves to institute changes in favor of women. Maybe – but I had to wonder what kind of liberation that would be when I visited a small mosque in Salam City one Friday afternoon. Mosques in Iraq open their main spaces only for men to pray, but this one had announced the seemingly radical decision to offer the space for a women’s service instead. That first Friday, more than 100 women formed lines of black abayas (the garment that covers all but a woman’s face, hands and feet), performing the elaborate kneeling and standing choreography of Friday prayer in the stifling space. The two-hour service was broken by a solemn sermon, in which the prayer leader repeated for upwards of ten minutes the importance of waking two hours early to prepare meals for husbands and children and to clean the house so that prayer attendance would in no way interrupt domestic duties.

“We used to talk about equality,” said Hanaa Edwards, an Iraqi activist, after hearing about the service. “Now we only talk about this kind of advancement.”

A few do still talk about equality, most notably Yanar Mohammed, whose bare arms in this sweltering country would be enough to establish iconoclasm, even leaving aside the radically secular group she has founded since the war, the Organization of Women’s Freedom in Iraq. Mohammed travels with bodyguards and packs a pistol in her compact handbag because of the death threats she has received for her very public views. She has appeared on Al Jazeera arguing that the hijab constitutes a form of slavery for women – a view not very popular in a country where Shiite extremists have been invading university classrooms with machine guns to threaten women who will not cover their heads, as they have been doing since summer exams began in occupied Basra.

“Who should we fear more these days, these religious fascists or the men who are kidnapping and raping women?” she says, her dark eyes shining in anger.

But talk to Mohammed about how to establish a secular democracy and impossible contradictions abound. “Of course everyone should be given a free vote,” she says, “and of course we should have a secular government.” The trouble is, it’s likely that only a small minority of Iraqis would use their votes to such ends. Indeed, Grand Ayatollah Ali al-Sistani, the cleric who has the ear and esteem of the majority of Shiites, who in turn make up the majority of the country, recently proposed that Islam be “considered a main source for the constitution,” according to Jalal Talabani, current president of the Governing Council. This will surely add momentum to a constitutional process already on that track. The council’s appointed Constitutional Provisional Committee (an all-male gang) had intimated that an Iraqi constitution would need to have a distinctly Islamic flavor. Now Sistani and his representatives want the general public to elect the constitution’s drafters – a move that would almost certainly ensure a Sharia-based constitution, which does not bode well for women’s rights.

For women, moreover, the sad irony is that while many Iraqis would see any attempt to help them as a US ploy (à la Colonel Heider), the coalition is doing nothing to help them anyway. In the aftermath of so many failed wars, Saddam played the misogyny card as a way of appealing to the millions of Iraqi men who felt their masculinity had been robbed by defeat, and then poverty. The absence of action on the part of the coalition is, in effect, doing much the same thing, sacrificing women to the larger cause of currying favor with an increasingly restive male population.

When the coalition claimed Saddam’s palaces as its own and sought to establish legitimacy and control with existing non-Baathist structures, the Shiite majority Saddam had violently ostracized was the most organized game in town. But the coalition failed to grapple with the human rights consequences of a power shift in that direction, especially as far as women, who make up 65 percent of Iraq’s war-ravaged population, are concerned. While new governmental ministries were created to support various causes like the environment and displaced people, a ministry of women’s affairs was immediately rejected. (Instead, a single person is the dedicated “focal point” for women’s issues; none of various people who have occupied that revolving-door position have been permitted any real authority within the coalition.)

Over dinner in the palace cafeteria one night, when I discussed the accelerating crisis for women with two high-ranking American officials in the Interior Ministry – which oversees police and security – I was told with shocking candor, “We don’t do women.” It’s hardly a dirty secret that our government abroad views women’s rights as at most a secondary concern, yet it was thoroughly sobering to hear this lack of interest so casually discussed.

As anticoalition violence erupts with greater intensity, officials retreat farther behind the tank-guarded checkpoints of their security compound, and many of the existing resources of Iraq – the once-great university system, the numerous women’s groups that dream of the opportunity to take advantage of their newfound freedom of speech, the millions of educated women who survived the terrors of the regime only to be threatened by random abduction, rape and murder – are being overlooked and squandered in favor of tribal and Islamic structures and the airlifted and imposed rule by US-led committee.

The Americans’ utter lack of comprehension of what Iraqi women have to offer was apparent at a meeting about women’s work prospects, when one well-meaning camouflage-clad officer said to rows of female attendees, including many professionals such as judges and doctors, “Under the occupation, you can think about what work is appropriate for women to do – you don’t have to just sew anymore.”

Before her death, Governing Council member al-Hashimi warned of putting too much emphasis on what the coalition could accomplish through top-down initiatives.

“You must not impose by laws what culture should be. Culture creates laws, not the other way around,” she said. Of course, laws can provide a buffer when culture fosters human rights abuses. But al-Hashimi’s ideas resonate with many people working to address the difficulty of life as an Iraqi woman, like Hanaa Edwards, whose group Al Amal (Arabic for “hope”), is instituting human rights training courses for women throughout Baghdad, modeled on a program thousands of women have attended in the more liberal Kurdish north.

“I used to think in terms of political reform,” says this veteran of the 1960s student movement. “Now I think about the grassroots. Now, humanitarian assistance is what’s important.” It is perhaps unimaginable now that the governing authority could work at the grassroots level as well, establishing shelters for women in need, or reforming the social infrastructure, which now requires women who have been raped to undergo a forensics test at the morgue and counsels women seeking divorce to work it out with their husbands.

Unless the coalition and the conservative tribal and religious authorities of Iraq are somehow compelled to recognize that women are crucial to the future of the country – not just as mothers and homemakers but as full members and leaders of Iraqi society – the current situation is not likely to improve. Which means, for example, that men will continue to have the right to marry additional wives without spousal permission, except if Hakki’s reforms pass, in which case they would have to demonstrate their wife (or wives’) sexual dysfunction or mental illness.

Hadil Jawad will continue to live under threat, knowing that if her brother or father or uncle sees her he may shoot her in the head, or strangle her with a rope, or stab her to death with a kitchen knife, as a member of the Iraqi police nonchalantly described the manner of so many honor killings. Zainab and Hanaa will continue to believe that the Iraqi police force that ignores them is in fact safeguarding them as they hide out at home. And each day it becomes less likely that Raba and the millions of women like her will stay out until 2 o’clock in the morning any time soon.

Lauren Sandler is a writer in New York.

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Detention of Iraqis creates hostility, resistance

BAGHDAD – U.S.-led coalition forces raided Abdul Rahman Mohammed Saleh al-Dulame’s home in northern Baghdad three times this summer, then arrested the low-level Ministry of Trade employee on a bogus tip that he had been a member of Saddam Hussein’s personal paramilitary force.

Dulame, 36, spent three months in detention, during which he said he was poorly fed and beaten for leading prisoner demonstrations. His family didn’t know where he was until he was released in September. Since his release, he has been unable to trace other detainees he met while imprisoned.

“I am not afraid to say it, frankly. I hate the Americans, my daughter hates the Americans, my neighbors hate the Americans,” said Dulame, sitting in his living room in an olive brown traditional robe, his jet black hair and mustache neatly trimmed, his eyes on a portrait of his late father, a tribal sheik.

With the Red Cross gone, detainees’ families are increasingly unable to get basic information about them, human rights agencies say. And as U.S. troops crack down on armed opponents in Iraq, the growing number of detainees is breeding more hostility and resistance.

“Ask my neighbors. When they saw me being arrested and they knew I am just a simple man, they became angry,” Dulame said. “Three times they [U.S. troops] raided my house. Every time, they turned everything upside down. They broke the doors and stole money and jewelry.”

U.S. officials did not respond to requests over days for information about detainees and the conditions of their detention. Much of the information about them comes from aid organizations attempting, in the absence of the Red Cross, to help Iraqis locate missing relatives.

Many detainees are Hussein sympathizers or were caught with weapons likely to be used against U.S. and other coalition forces, officials say.

But others are guilty of relatively minor offenses such as breaking curfew or, like Dulame, are victims of false accusations who eventually are released, but not before months of frustration. Humanitarian agencies say they hear repeated complaints of mistreatment and lack of information and respect for basic human rights.

“These things add up,” said Matthew Chandler of Newberg, Ore., a volunteer with Christian Peacekeeper Teams, a small Chicago-based organization that has about six volunteers in Baghdad. “Most people are not going to pick up a [rocket-propelled grenade], but maybe they’ve made friends with soldiers and know their routines. These sorts of things seem insignificant to the coalition, but they really matter to Iraqis. The word gets out through large families and neighborhoods.”

A coalition official on Saturday told Reuters that about 11,000 detainees were in custody, including at least 307 foreign fighters from Syria, Iran, Yemen, Chad, Saudi Arabia and the West Bank.

The detainees are primarily at the Abu Ghraib prison outside Baghdad, a notorious penal facility under Hussein, and at Camp Bucca near the southern Iraqi town of Umm Qasr, an eight-hour drive from Baghdad. A third penal facility, Camp Cropper near the Baghdad airport, was closed last month after coalition officials acknowledged that conditions there had become unacceptable, and Chandler said he had been told Camp Bucca also may close.

The coalition bureaucracy for dealing with individual cases is overloaded, aid workers say. Each case must funnel through a panel of three coalition officials, meaning that even the innocent must wait months to be released. Family visits are badly backlogged as well.

“Six families a day get to visit detainees on three days of each week,” Chandler said. “If you want to go to Camp Bucca in Umm Qasr right now, the soonest you can get a visit is February. When all the prisoners are transferred, it’ll be more like June.”

The problems are exacerbated by the departure of the International Committee of the Red Cross, which pulled out its foreign representatives after a suicide bomber destroyed its Baghdad headquarters on Oct. 27.

Families seeking to visit or find their relatives crowd around the gate at the Abu Ghraib prison. A makeshift sign in Arabic and English declares that no prisoner information will be released, that a prisoner number is required to make an appointment, and that numbers are being given out in a shopping mall in the Mansour district. No one seems to know where, however.

“My son Aws Sami Azeez al-Obeidi has been here from the 27th of June,” said Intsar Galeel Ibrahim, 45, who has been waiting outside for days trying to get an appointment to see him. “He has done nothing. He is a student. His father is a colonel in the Iraqi army; his brother is a captain. We are a clean family.”

Another woman clutched an unofficial photocopy of a judge’s order that her son, Nadam Adnan Karem, be released from prison. The document had a judge’s name from the courthouse in Karkh, but no date. A soldier refused to accept it.

A third woman, Nadema Kareem Hamid, 60, complained bitterly. “I am angry. I have two sons here. I have not seen either,” she said. “Bush said he would free us, but the Americans have only taken away our children.”

Even coalition connections don’t help. A coalition translator, after weeks of inquiries, managed to get a prisoner number for a neighbor, Muhanad Abdul a’al Aboud, who was detained Sept. 14. But even with the number, the translator was told to come back in December.

“It’s sad and frustrating,” said an American staff sergeant, who asked not to be named because he wasn’t authorized to speak to the media. “They just have to be patient. With elections, with water, with electricity, with their relatives. We’re trying. There’s a huge backlog, and there’s nothing I can do.”

When a woman complained to him that her appointment to see her son was a month away, the sergeant told her: “It’s two months, three months now before you can get an appointment. To get one in one month, that’s very good.”

For Dulame, the Americans still can turn the hostility around. While he said he hated the Americans, he also blamed Iraqis for passing around bad information to settle grudges. And he wanted to thank an American soldier he met at Camp Bucca.

“His name was Sergeant Bill. He was merciful; he helped the children, the old people, the women detainees. Some of the soldiers wanted to have a relationship with Iraqis. They said we are not responsible for this situation,” Dulame said. “They said, ‘We want to go home to our families too.’ “

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Bush Supports Uzbekistan Dictator Who Kills Opponents by Boiling Them to Death

Tony Blair’s New Friend

Britain and the US claim a moral mandate – and back a dictator who boils victims to death

The British and US governments gave three reasons for going to war with Iraq. The first was to extend the war on terrorism. The second was to destroy its weapons of mass destruction before they could be deployed. The third was to remove a brutal regime, which had tortured and murdered its people.

If the purpose of the war was to defeat terrorism, it has failed. Before the invasion, there was no demonstrable link between al-Qaida and Iraq. Today, al-Qaida appears to have moved into that country, to exploit a new range of accessible western targets. If the purpose of the war was to destroy Saddam Hussein’s weapons of mass destruction before he deployed them, then, as no such weapons appear to have existed, it was a war without moral or strategic justification.

So just one excuse remains, and it is a powerful one. Saddam Hussein was a brutal tyrant. While there was no legal argument for forcibly deposing him on the grounds of his abuse of human rights, there was a moral argument. It is one which our prime minister made repeatedly and forcefully. “The moral case against war has a moral answer: it is the moral case for removing Saddam,” Tony Blair told the Labour party’s spring conference in February. “Ridding the world of Saddam would be an act of humanity. It is leaving him there that is in truth inhumane.”

Had millions of British people not accepted this argument, Tony Blair might not be prime minister today. There were many, especially in the Labour party, who disagreed with his decision but who did not doubt the sincerity of his belief in the primacy of human rights.

There is just one test of this sincerity, and that is the consistency with which his concern for human rights guides his foreign policy. If he cares so much about the welfare of foreigners that he is prepared to go to war on their behalf, we should expect to see this concern reflected in all his relations with the governments of other countries. We should expect him, for example, to do all he can to help the people of Uzbekistan.

There are over 6,000 political and religious prisoners in Uzbekistan. Every year, some of them are tortured to death. Sometimes the policemen or intelligence agents simply break their fingers, their ribs and then their skulls with hammers, or stab them with screwdrivers, or rip off bits of skin and flesh with pliers, or drive needles under their fingernails, or leave them standing for a fortnight, up to their knees in freezing water. Sometimes they are a little more inventive. The body of one prisoner was delivered to his relatives last year, with a curious red tidemark around the middle of his torso. He had been boiled to death.

His crime, like that of many of the country’s prisoners, was practising his religion. Islam Karimov, the president of Uzbekistan, learned his politics in the Soviet Union. He was appointed under the old system, and its collapse in 1991 did not interrupt his rule. An Islamist terrorist network has been operating there, but Karimov makes no distinction between peaceful Muslims and terrorists: anyone who worships privately, who does not praise the president during his prayers or who joins an organisation which has not been approved by the state can be imprisoned. Political dissidents, human rights activists and homosexuals receive the same treatment. Some of them, like in the old Soviet Union, are sent to psychiatric hospitals.

But Uzbekistan is seen by the US government as a key western asset, as Saddam Hussein’s Iraq once was. Since 1999, US special forces have been training Karimov’s soldiers. In October 2001, he gave the United States permission to use Uzbekistan as an airbase for its war against the Taliban. The Taliban have now been overthrown, but the US has no intention of moving out. Uzbekistan is in the middle of central Asia’s massive gas and oil fields. It is a nation for whose favours both Russia and China have been vying. Like Saddam Hussein’s Iraq, it is a secular state fending off the forces of Islam.

So, far from seeking to isolate his regime, the US government has tripled its aid to Karimov. Last year, he received $500m (£300m), of which $79m went to the police and intelligence services, who are responsible for most of the torture. While the US claims that its engagement with Karimov will encourage him to respect human rights, like Saddam Hussein he recognises that the protection of the world’s most powerful government permits him to do whatever he wants. Indeed, the US state department now plays a major role in excusing his crimes. In May, for example, it announced that Uzbekistan had made “substantial and continuing progress” in improving its human rights record. The progress? “Average sentencing” for members of peaceful religious organisations is now just “7-12 years”, while two years ago they were “usually sentenced to 12-19 years”.

There is little question that the power and longevity of Karimov’s government has been enhanced by his special relationship with the United States. There is also little question that supporting him is a dangerous game. All the principal enemies of the US today were fostered by the US or its allies in the past: the Taliban in Afghanistan, the Wahhabi zealots in Saudi Arabia, Saddam Hussein and his people in Iraq. Dictators do not have friends, only sources of power. They will shift their allegiances as their requirement for power demands. The US supported Islamist extremists in Afghanistan in order to undermine the Soviet Union, and created a monster. Now it is supporting a Soviet-era leader to undermine Islamist extremists, and building up another one.

So what of Tony Blair, the man who claims that human rights are so important that they justify going to war? Well, at the beginning of this year, he granted Uzbekistan an open licence to import whatever weapons from the United Kingdom Mr Karimov fancies. But his support goes far beyond that. The British ambassador to Uzbekistan, Craig Murray, has repeatedly criticised Karimov’s crushing of democracy movements and his use of torture to silence his opponents. Like Roger Casement, the foreign office envoy who exposed the atrocities in the Congo a century ago, Murray has been sending home dossiers which could scarcely fail to move anyone who cares about human rights.

Blair has been moved all right: moved to do everything he could to silence our ambassador. Mr Murray has been threatened with the sack, investigated for a series of plainly trumped-up charges and persecuted so relentlessly by his superiors that he had to spend some time, like many of Karimov’s critics, in a psychiatric ward, though in this case for sound clinical reasons. This pressure, according to a senior government source, was partly “exercised on the orders of No 10”.

In April, Blair told us that he had decided that “to leave Iraq in its brutalised state under Saddam was wrong”. How much credibility does this statement now command, when the same man believes that to help Uzbekistan remain in its brutalised state is right?

Monbiot.com

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