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In Britain a criminal probe is now underway into the torture of an Ethiopian who had been granted protected status and was then held for years in Guantánamo. Prime Minister Gordon Brown has also authorized a formal official inquiry. Now, a former Conservative shadow minister has invoked privilege by disclosing details of the British government’s complicity in a torture-by-proxy scheme on the floor of parliament. The Guardian reports:
In a dramatic intervention using the protection of parliamentary privilege, the former shadow home secretary revealed how MI5 and Greater Manchester police effectively sub-contracted the torture of Rangzieb Ahmed to a Pakistani intelligence agency, the Inter-Services Intelligence Directorate (ISI), whose routine use of torture has been widely documented. This is the first time that the information has entered the public domain. Previously it has been suppressed through the process of secret court hearings and, had the Guardian or other media organisations reported it, they would have exposed themselves to the risk of prosecution for contempt of court.
Davis told MPs that although sufficient evidence had been gathered to ensure Ahmed could be prosecuted for serious terrorism offences, he was permitted to fly from Manchester to Islamabad, the Pakistani capital, in 2006 while under surveillance… Davis said Ahmed was “viciously tortured by the ISI. He [Ahmed] claims among other things, he was beaten with wooden staves, the size of cricket stumps,whipped with a three-foot length of tyre rubber and had three fingernails removed from his left hand. There is a dispute between British intelligence officers as to exactly when his fingernails were removed, but an independent pathologist confirmed it happened during the period when he was in Pakistani custody.”
As Ian Cobain points out in a companion analysis piece, Britain’s turn to torture has a very clear provenance. It comes from fighting “shoulder to shoulder” with the United States. The Bush Administration’s torture philosophy and tools spread on contact through the British intelligence system. With evidence of the Bush Administration’s torture policies mounting, and with some British intelligence agents giving eyewitness accounts of the torture of prisoners in American custody, the Blair Government adopted a “hear no evil, see no evil, speak no evil” policy. Its instructions to intelligence agents working with the Americans seem to have turned on shoddy legal advice that misapprehended the gravity of the crime of torture under international law and the formal obligations imposed to stop it.
These instructions took no account of MI5 and MI6 officers’ responsibilities under the UN Convention Against Torture. Philippe Sands QC, the professor of international law at University College London whose book Torture Team laid bare the origins of the Bush administration’s torture policies, says the instructions fall far short of what is required in international law. Sands points out that article 4 of the 1984 UN Convention Against Torture, to which the UK is a party, criminalises “an act by any person which constitutes complicity or participation in torture”, and that the 1998 Rome statute of the international criminal court extends criminal responsibility where military commanders and civilian superiors “should have known” that international crimes were being committed but “failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission”. The meaning of complicity, he adds, is clarified by a 1998 judgment by the international criminal tribunal for the former Yugoslavia. Its appeal chamber treated “complicity” as being akin to “aiding and abetting” or “assistance” that could be “physical or in the form of moral support”. A crime could be committed even if the abettor did not take any tangible action, provided the actions “directly and substantially” assisted and where there was “knowledge … that torture is being practised”. According to Sands, the instructions “may have caused British personnel to cross a line into complicity”, and that ministers who approved the policy may also be culpable.
Sands’s analysis is correct–the conduct of the British agents likely made them conspirators or aiders and abettors in the crime of torture under international legal standards. All of which demonstrates the peril of cooperation with the Bush regime, given its criminal policies. But note all the judicial, legal, and parliamentary wheels turning in Britain, all flowing from engagement with the United States. What is happening in the United States itself? To our lasting shame, the answer is: nothing.
More from Scott Horton:
Six Questions — October 18, 2014, 8:00 pm
Nathaniel Raymond on CIA interrogation techniques.
Mark Denbeaux on the NCIS cover-up of three “suicides” at Guantánamo Bay Detention Camp
From the June 2014 issue
For the past three years my dosimeter had sat silently on a narrow shelf just inside the door of a house in Tokyo, upticking its final digit every twenty-four hours by one or two, the increase never failing — for radiation is the ruthless companion of time. Wherever we are, radiation finds and damages us, at best imperceptibly. During those three years, my American neighbors had lost sight of the accident at Fukushima. In March 2011, a tsunami had killed hundreds, or thousands; yes, they remembered that. Several also recollected the earthquake that caused it, but as for the hydrogen explosion and containment breach at Nuclear Plant No. 1, that must have been fixed by now — for its effluents no longer shone forth from our national news. Meanwhile, my dosimeter increased its figure, one or two digits per day, more or less as it would have in San Francisco — well, a trifle more, actually. And in Tokyo, as in San Francisco, people went about their business, except on Friday nights, when the stretch between the Kasumigaseki and Kokkai-Gijido-mae subway stations — half a dozen blocks of sidewalk, which commenced at an antinuclear tent that had already been on this spot for more than 900 days and ended at the prime minister’s lair — became a dim and feeble carnival of pamphleteers and Fukushima refugees peddling handicrafts.
One Friday evening, the refugees’ half of the sidewalk was demarcated by police barriers, and a line of officers slouched at ease in the street, some with yellow bullhorns hanging from their necks. At the very end of the street, where the National Diet glowed white and strange behind other buildings, a policeman set up a microphone, then deployed a small video camera in the direction of the muscular young people in drums against fascists jackets who now, at six-thirty sharp, began chanting: “We don’t need nuclear energy! Stop nuclear power plants! Stop them, stop them, stop them! No restart! No restart!” The police assumed a stiffer stance; the drumming and chanting were almost uncomfortably loud. Commuters hurried past along the open space between the police and the protesters, staring straight ahead, covering their ears. Finally, a fellow in a shabby sweater appeared, and murmured along with the chants as he rounded the corner. He was the only one who seemed to sympathize; few others reacted at all.
Number of U.S. congressional districts in which trade with China has produced more jobs than it has cost:
Young bilingual children who learned one language first are likelier than monolingual children and bilingual children who learned languages simultaneously to say that a dog adopted by owls will hoot.
An Oklahoma legislative committee voted to defund Advanced Placement U.S. History courses, accusing the curriculum of portraying the United States as “a nation of oppressors and exploiters.”
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