Delivered Into Enemy Hands - Human Rights Watch

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• Legislate to revise the Criminal Justice Act 1988 and the Intelligence Act 1994 to clarify that superior orders or acting under “lawful authority” can never be a defense to complicity or participation in torture abroad. • Revise or abolish section 135 of the Criminal Justice Act 1988, which permits the attorney general to prevent a prosecution on torture-related charges. In the meantime, the attorney general should announce that he will not intervene in any prosecution for crimes connected with torture, but will defer all decisions on prosecutions to the director of public prosecutions. To the Government of Libya • Cooperate with parties conducting investigations into the rendition of individuals to Libya since 2001. • Promptly investigate all allegations of torture and ill-treatment in detention facilities run by the state and armed groups in a thorough and impartial way. • Hold accountable all those responsible for using torture or ill-treatment against persons in custody. • Ensure that national laws provide safeguards against abuse by law enforcement officials during arrest and detention activities, as well as safeguards to ensure full due process rights. • Ensure that confessions and other forms of evidence obtained by means of torture are not admissible in a court of law. • Sign and ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. To the Government of Pakistan • Take all necessary measures to end the use of torture and other ill-treatment by Pakistani military intelligence agencies and civilian law enforcement agencies. • Impartially investigate allegations of torture and other ill-treatment of terrorism suspects and, where sufficient evidence of wrongdoing exists, prosecute those responsible, regardless of position or rank. • Ensure that all Pakistani military intelligence and law enforcement personnel at every level have received appropriate training in human rights law and its application in all cases, including with respect to terrorism suspects. 151 HUMAN RIGHTS WATCH | SEPTEMBER 2012
To the Government of the Netherlands • The Netherlands was the only government implicated in this report that does ap- pear to have provided one of those profiled here with a hearing prior to sending him to another country. However it should still conduct an investigation into the transfer of Muhammad Abu Farsan from the Netherlands to Sudan, leading to his rendition to Libya. The investigation should determine whether authorities properly upheld their obligations to assess the risk of abuse or persecution of Abu Farsan, not only in the initial receiving state to which they sent him, but also in the subsequent states to which he might be—and in fact was—expelled, returned, or extradited. • As a part of the investigation into the transfer of Muhammad Abu Farsan, examine and disclose publicly the role that intelligence from the CIA or MI6 may have played in the Dutch government’s decision to transfer him to a country that did not offer sufficient protection against onward transfer to Libya. To the Governments of China, Hong Kong, Malaysia, and Thailand • Conduct an investigation into the transfers of Sami Mostefa al-Saadi and Abdul Hakim Belhadj to Libya, where there was clear risk of torture or ill-treatment upon return, and whether authorities properly upheld their obligations to protect individuals against these abuses. • As a part of the investigation into the transfers of Saadi and Belhadj, examine and disclose publicly the role that intelligence from the CIA or MI6 may have played in each government’s decision not to prevent onward transfers to countries where they feared torture or other forms of persecution. To the Governments of Chad, Mauritania, Mali, Morocco, and Sudan • Conduct an investigation into the transfers of Muhammed Abu Farsan, Ismail Omar Gebril al-Lwatty, Saleh Hadiyah Abu Abdullah Di’iki, Mustafa Salim Ali el-Madaghi, Mafud al-Sadiq Embaya Abdullah, Abdullah Mohammed Omar al-Tawaty, and Othman Salah to countries where they feared torture or other forms of persecution, and whether authorities properly upheld their obligations to protect individuals against return to torture or other ill-treatment. DELIVERED INTO ENEMY HANDS 152
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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
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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 and 154: shelving the Gibson Inquiry and wou
Page 155: To the US Congress • Create an in
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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Delivered Into Enemy Hands - Human Rights Watch

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