Delivered Into Enemy Hands - Human Rights Watch

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To the United States Government Recommendations • Consistent with obligations under the Convention against Torture, investigate credible allegations of torture and ill-treatment since September 11, 2001 and implement a system of compensation to ensure all victims can obtain redress. • Acknowledge past abuses and provide a full accounting of every person that the CIA has held in its custody pursuant to its counterterrorism authority since 2001, including names, dates they left US custody, locations to which they were transferred, and their last known whereabouts. • Ensure that any person subject to rendition abroad has the right, prior to transfer, to challenge its legality before an independent tribunal, including any diplomatic assurances made; to legal counsel; and to appeal a transfer before it is carried out. • Prohibit reliance upon diplomatic assurances against torture and ill-treatment (and make public the procedures used to ensure compliance) if there is any credible evidence the person subject to transfer faces a risk of torture or other ill-treatment. • Include in required periodic reports to the Committee against Torture, the <strong>Human</strong> <strong>Rights</strong> Committee, and other relevant international and regional monitoring bodies detailed information about all cases in which requests for diplomatic assurances against the risk of torture or other ill-treatment have been sought or secured in respect to a person subject to transfer. To the President of the United States • Direct the attorney general to begin a criminal investigation into US government detention practices and interrogation methods since September 11, 2001, including the CIA detention program. The investigation should examine the role of US officials, no matter their position or rank, who participated in, authorized, ordered, or had command responsibility for torture or ill-treatment and other unlawful detention practices, including enforced disappearance and rendition to torture or other ill-treatment. • Make publicly available the August 2009 report of the Special Task Force on Interrogation and Transfers (an inter-agency task force set up by the Obama administration in January 2009). 149 HUMAN RIGHTS WATCH | SEPTEMBER 2012
To the US Congress • Create an independent, nonpartisan commission to investigate the mistreatment of detainees in US custody anywhere in the world since September 11, 2001, including torture, enforced disappearance, and rendition to torture. Such a commission should hold hearings, have full subpoena power, compel the production of evidence, and be empowered to recommend the creation of a special prosecutor to investigate possible criminal offenses, if the attorney general has not commenced such an investigation. To the Government of the United Kingdom • Set up a new, judge-led inquiry into the United Kingdom’s involvement in detainee abuse and renditions to torture with full independence from the government and authority to allow it to establish the truth, including a presumption in favor of publication of information and evidence, with final decisions on such publication to be made by the inquiry. This inquiry should be set up immediately, without any requirement to wait for criminal investigations or warranted criminal prosecutions of UK officials. • Where the United Kingdom is involved in the transfer of a person outside British territory and British control, condition continued UK involvement on guarantees that the person has the opportunity to challenge the lawfulness of the transfer in an independent court prior to the transfer, including on the grounds of torture or other ill-treatment. • End efforts to pass the Security and Justice bill, which would widen the use of secret hearings whenever national security grounds are invoked in civil court proceedings, excluding the person affected and their lawyer from the courtroom and preventing disclosure of material showing UK involvement in wrongdoing by other countries. • Provide a full accounting of the involvement of British security services in the detention or transfer of individuals to other countries without process since September 11, 2001, including the names of the victims, dates, level of involvement, locations to which they were transferred, and last known whereabouts. • Publish without delay current and past guidance to the intelligence services on interrogation of suspects overseas. DELIVERED INTO ENEMY HANDS 150
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H U M A N R I G H T S W A T C H Del
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Copyright © 2012 Human Rights Watc
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Mustafa Jawda al-Mehdi ............
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This report is based mostly on Huma
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These stories provide new details a
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Gaddafi opponents in Libya. Ten of
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treatment. Nor did they protect det
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two more the following April. Commu
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esponsibilities. Mehdi and Shoroiey
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identified in this report to Libya,
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of compiling the names of those who
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Libya from the 1970s to the 1990s I
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Gaddafi also made major changes to
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Abu Salim massacre, in which prison
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insurgency, mainly in eastern Libya
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In late autumn of 2007, these repor
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econciled with Gaddafi and a number
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PLACES OF ARREST, DATES OF TRANSFER
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Shoroeiya and Sharif said that once
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Arrest and Detention Shoroeiya and
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CIA Rendition Transportation Proced
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Both were detained in this first lo
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Abu Yasser al Jazairi, from Algeria
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Sharif also said he learned the nam
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Afghanistan on April 25, 2004. Both
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Shoroeiya and Sharif both alleged t
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The Interrogators Shoroeiya said th
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He said there were doctors present.
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Mohammed Shoroeiya said his interro
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stan.” 191 Both thought they migh
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Shoroeiya said there were intrusive
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“The biggest suffering for any pr
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Majid Mokhtar Sasy al-Maghrebi Maji
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him in Pashto, they spoke to him in
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Loud music was blaring constantly.
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On various occasions while detained
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he was in Karachi, Pakistan. After
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faces. He said he saw from the eyeh
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His interrogators would come to him
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He again went on hunger strike, ask
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Di’iki was detained in solitary c
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Mustafa Salim Ali el-Madaghi Mustaf
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took photos of him; put him in diap
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flight plan to go into Nouakchott,
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Mehdi said he first went to Saudi A
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Pakistanis responded in Pashto. He
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There were about 12 interpreters, p
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know what’s going to happen to yo
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Departure from Libya Belhadj was bo
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‘This is it.’ I thought I would
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information with you [Libyan securi
Page 103 and 104: equests for information from Abu
Page 105 and 106: subsequently was able to receive vi
Page 107 and 108: Sami Mostefa al-Saadi © 2012 Human
Page 109 and 110: making harsh statements against the
Page 111 and 112: denied permission for the Libyan ai
Page 113 and 114: Saadi said he was held without char
Page 115 and 116: complicity in his transfer back to
Page 117 and 118: Abu Farsan spent the next decade at
Page 119 and 120: They noted in the fax that they und
Page 121 and 122: On June 7, 2006, Abu Farsan was tra
Page 123 and 124: Safrani in Afghanistan, said that t
Page 125 and 126: V. The Case of Ibn al-Sheikh al-Lib
Page 127 and 128: In late 2001, Pakistani authorities
Page 129 and 130: 2004, al-Libi recanted the informat
Page 131 and 132: held until December 2006, when the
Page 133 and 134: It is not clear when Ibn al-Sheikh
Page 135 and 136: Mostafa al-Mehdi (see above) saw al
Page 137 and 138: VI. Detainees Rendered From Other A
Page 139 and 140: appointed a lawyer who he said did
Page 141 and 142: In early 2008 he was charged with b
Page 143 and 144: government. After 1992, when the go
Page 145 and 146: governments during the Gaddafi gove
Page 147 and 148: conflict or emergency, may “opt o
Page 149 and 150: them to Libya in violation of their
Page 151 and 152: each country to which the agency de
Page 153: shelving the Gibson Inquiry and wou
Page 157 and 158: To the Government of the Netherland
Page 159 and 160: Acknowledgments This report was wri
Page 164: Recreation of Document 2144 SUBJECT
Page 174: Translation of Documents 2164-65 Al
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Delivered Into Enemy Hands US-Led A
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