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After being mistakenly abducted in Macedonia and detained in a secret CIA prison in Afghanistan, Khaled El-Masri told his interrogators that his ongoing detention was like "a Kafka novel." A cable to CIA headquarters reported that El-Masri said he "could not possibly prove his innocence because he did not know what he was being charged with."
After being mistakenly abducted in Macedonia and detained in a secret CIA prison in Afghanistan, Khaled El-Masri told his interrogators that his ongoing detention was like "a Kafka novel." A cable to CIA headquarters reported that El-Masri said he "could not possibly prove his innocence because he did not know what he was being charged with."
Much has been reported on this tragic case of mistaken identity at the hands of the CIA. But this week, additional details on El-Masri's case emerged when the CIA released a new batch of documents in response to an ACLU Freedom of Information Act lawsuit. Among the many disturbing details relating to the CIA's post-9/11 torture and rendition program was a revealing investigation carried out by the CIA's inspector general into the rendition and torture of El-Masri, an innocent German citizen who was disappeared, detained, and abused by the CIA for over four months in early 2004. (The ACLU now represents El-Masri in a pending case against the U.S. before the Inter-American Commission on Human Rights.)
The investigation makes clear that El-Masri's unlawful rendition and detention were rife with neglect, abuse, and incompetence, reaching to the highest levels of the CIA.
The investigation makes clear that El-Masri's unlawful rendition and detention were rife with neglect, abuse, and incompetence, reaching to the highest levels of the CIA. It reveals that even as the CIA "quickly concluded he was not a terrorist," two CIA officers who had been involved in his rendition justified his continued detention "despite the diminishing rationale, by insisting that they knew he was 'bad.'"
The document also confirms that former CIA Director George Tenet "was informed about the ... January 2004 ... rendition shortly after it happened and then again in late April 2004." Yet El-Masri was not freed and allowed to return to his family in Germany until May of that year after former National Security Advisor Condoleezza Rice ordered it. The CIA didn't inform Congress of the mistaken rendition until after his repatriation and after it learned that he had retained an attorney.
The report confirms the grueling psychological torture that El-Masri was subjected to, along with the CIA's blatant disregard for his physical and mental health while in custody. In protest of his wrongful detention, El-Masri went on a hunger strike and lost 50 pounds. A CIA psychologist described him as "openly tearful and speechless" and suffering from "feelings of helplessness, hopeless ... [and] wishing he was dead." Another psychologist confirmed the intensity of his "depression, loneliness, hopelessness, and anger."
The source of his deteriorating mental health, the psychologists believed, was "the unknown status of his case and the uncertain length of his detention, complicated by lack of interaction with Agency personnel." The psychologists recommended releasing him. Their reason was not his innocence or his mental health, but the need to avoid "potential long-term issues for HQs."
The CIA's inspector general report confirms that El-Masri's prolonged arbitrary detention and cruel, inhumane, and degrading treatment included solitary confinement in a "small cell with just a bucket for his waste." The report concludes:
"[T]here was an insufficient basis to render and detain al-Masri and the Agency's prolonged detention of al-Masri was unjustified. His rendition and long detention resulted from a series of breakdowns in tradecraft, process, management, and oversight. CTC and [redacted] failed to take responsible steps to verify al-Masri's identity. ALEC Station exaggerated the nature of the data it possessed linking al-Masri to terrorism. After the decision had been made to repatriate al-Masri, implementation was marked by delay and bureaucratic infighting."
Yet after it was decided that El-Masri should be freed, he languished in the CIA prison for more than two months because of "bureaucratic infighting" and "bureaucratic differences." At one point, the CIA considered transferring El-Masri to the custody of the U.S. military. This option was ultimately ruled out because "such a move could complicate matters"; "the U.S. military would register al-Masri and notify the Red Cross of his detention"; and, without grounds to suspect he had a role within al-Qaida, "the US military would have no grounds on which to detain him" and "he could be a free man within hours."
After it was decided that El-Masri should be freed, he languished in the CIA prison for more than two months because of "bureaucratic infighting" and "bureaucratic differences."
Despite recognizing a terrible mistake, the Bush administration pressed the Supreme Court to refuse to hear El-Masri's (brought by the ACLU) case against Tenet. The court acquiesced, deciding not to review the case—which had been dismissed by the lower courts on "state secrets" grounds—the very same month the inspector general report was submitted to the administration.
Beyond an "oral admonition" given to three CIA attorneys, no one has been held accountable for El-Masri's ordeal. The CIA's inspector general referred El-Masri's case to the Department of Justice for prosecution -- but in May 2007, the Office of the U.S. Attorney for the Eastern District of Virginia declined to pursue the case.
This report confirms what the ACLU has said for years: At the height of the so-called "War on Terror," the CIA made grave mistakes and committed outrageous violations of domestic and international law. Yet, no one responsible for these acts has been held accountable. Despite the CIA's best efforts to keep this and so many other stories secret -,- the CIA told El-Masri that a condition for his release was "that he would not reveal his experiences to the media or local authorities" -- the truth is steadily coming out. And still, El-Masri and other victims of CIA torture continue to wait for what they deserve -- a full criminal investigation into those responsible for overseeing and implementing the program, an acknowledgment of what they went through, an official apology, and compensation to help them rebuild their lives. This is the very least President Obama can do for them before leaving office.
Following reports that hundreds of refugees and migrants--including women and children--were wounded on Sunday when Macedonian police fired tear gas and rubber bullets at crowds on the Greek side of the border, protesters marched in the small village of Idomeni on Monday, highlighting what one human rights expert described as an "absurd humanitarian crisis" that is "becoming more unbearable by the day."
Medecins Sans Frontieres/Doctors Without Borders (MSF) said Sunday that Macedonian police had employed tear gas, rubber bullets, and stun grenades to disperse crowds gathered in front of the Greek police barricade at the Idomeni border crossing. Idomeni is home to a sprawling, makeshift refugee camp where thousands are stuck in "purgatory."
"Today, frustration and a growing feeling of anger are spread among the refugees who have been stranded in Idomeni for over one month," said Jose Hulsenbek, MSF's head of mission in Greece. "What we see is the inevitable result of thousands being trapped in Greece, a country unable to respond to the humanitarian and protection needs of those in search of safety in Europe."
Deutsche Welle reported:
Clouds of chemicals spread throughout the refugee camp and the village of Idomeni. People with red eyes attempted to cover the gas clouds with blankets. Some refugees had smeared toothpaste on their faces, foreseeing the tear gas and hoping to mitigate its effects. Activists had brought washbasins to allow those who had been hit to rinse their eyes.
"Do you see this?" a refugee who was watching the clashes said. "This is like Palestine, Gaza."
The Macedonian police deployed the tear gas for over two hours. They even threw stones and later fired water cannons and rubber bullets. People were fainting; volunteers and activists rushed to get them out of the conflict zone and provide first aid.
MSF said its teams treated 300 people on Sunday, including 200 with respiratory problems after being subjected to tear gas and around 30 children between 5 and 15 years old. Dozens of patients received psychological care as they were in shock, according to MSF, and seven people with open wounds or suspected fractures were referred to a local hospital.
"The MSF clinic has been full all day," said Conor Kenny, MSF doctor in Idomeni. "Three children were brought in with head injuries due to rubber bullets. People outside were shouting and many of them were carrying rubber bullets in their hands. A pregnant woman from Syria came into the clinic with her two children; she told me she was close to the border when tear gas was used to disperse the crowd, people started to run and she fell down."
Protests began again on Monday morning.
\u201cLIVE: Around 200 #people are heading towards the border but for now it's all quite calm.\u201d— MSF Sea (@MSF Sea) 1460371316
\u201cLIVE: Protesters at #Idomeni have dragged a train wagon in front of the police bus. Tensions are high.\u201d— MSF Sea (@MSF Sea) 1460369469
The United Nations' refugee agency, UNHCR, on Monday condemned the use of force, saying it was "a matter of great worry to UNHCR" and "should be too for all who are concerned with Europe's response to the situation of refugees and migrants."
"Time and again in recent months we have seen tension unfolding at various European borders, between security forces on the one hand and people fleeing war and in need of help on the other," said UNHCR spokesperson Adrian Edwards. "People get hurt and property is damaged. Harm is done to perceptions of refugees and to Europe's image alike. Everyone loses."
What's more, Edwards said the episode should serve as a reminder that while chaos unfolds in the Aegean islands and in Turkey, the situation is similarly desperate in Idomeni, where "about 11,000 have been sleeping for many weeks now in the open in dismal conditions, fueling hopelessness and despair."
Greek Prime Minister Alexis Tsipras chimed in on Monday, saying the actions by Macedonian police brought "great shame" to Europe. Greek government spokesman George Kyritsis added: "The indiscriminate use of chemicals, rubber bullets and stun grenades against vulnerable populations... is a dangerous and deplorable act."
Indeed, said MSF's Hulsenbek, "What people need is to be treated with dignity, not violence or unpredictable border closures and more uncertainty. This absurd humanitarian crisis created by European states' policies is becoming more unbearable by the day."
"The jungle burns," reported Germany's Die Zeit on Tuesday. French authorities in the northern prefecture of Calais began their planned demolition of part of the sprawling refugee camp known as "the Jungle" on Monday. They continued into the next day despite protests and clashes with refugees and humanitarian groups.
"While the current situation in Calais is unsustainable, evictions are no solution to a crisis on which the French and British governments have turned their backs for years," said John Dalhuisen, Amnesty International's Europe and Central Asia director. "The authorities need to look at this situation holistically, not just out of concern for border management, housing, and hygiene. Each of these individuals has needs and rights that must be protected."
Residents burned their shelters and sat atop shacks and lean-tos in protest of the government's actions, and riot police in turn attacked the refugees with water cannons and tear gas in an attempt to disperse them.
\u201c#CalaisJungle demolition has begun today, refugees burn their tents in defiance of riot police @RTUKnews @Ruptly\u201d— Jon Scammell (@Jon Scammell) 1456761462
\u201cRefugees and migrants sit on top of their shelters and huts in an effort to save them. @Channel4News #CalaisJungle\u201d— Nanette van der Laan (@Nanette van der Laan) 1456826906
Video footage from Britain's Channel 4 News reveals that the French government also broke its promise not to use bulldozers to destroy the camp:
"This is not the way to solve the refugee problem," Maya Konforti, a volunteer for a humanitarian group, told the New York Times.
Police on the Greece-Macedonia border also on Monday used tear gas and stun grenades to stop people from crossing into Macedonia.
The Balkan state has followed Austria's example and severely limited the number of refugees it is allowing inside the country, prompting the #SafePassage campaign from humanitarian groups who say that European countries are violating human rights and international law by closing their borders to refugees.
Tens of thousands of refugees have been trapped in the Greek border town of Idomeni since Macedonia essentially closed its borders to migrants last week.
\u201cMigrants clap and chant "Open the border" as they wait in hope of crossing from Greece into Macedonia\nhttps://t.co/b6OS0kRDgi\u201d— ITV News (@ITV News) 1456831743
The Washington Post reported that most of the asylum seekers trapped in Greece are women and children.
In a series of tweets, the United Nations High Commission called for better treatment of refugees and improved coordination between EU member states to deal with the crisis:
\u201cUNHCR calls for better contingency planning, coordination & accommodation capacity to resolve situation & prevent new crisis in Greece .\u201d— UNHCR News (@UNHCR News) 1456825881
Greece, overwhelmed by an influx made worse by neighboring countries' refusal to allow refugees entry, is asking the European Union for millions of euros in emergency funds, France 24 reported:
"Greece has submitted an emergency plan to the European Commission ... corresponding to around 100,000 refugees," government spokeswoman Olga Gerovassili told reporters, with the requested aid totaling 480 million euros ($534 million).
"We cannot bear the strain of all the refugees coming here," Gerovassili added.
"The surge of the vulnerable comes at the worst possible time," the Washington Post observed. "Just as European nations are barring their doors and 25,000 refugees are suddenly trapped in near-bankrupt Greece, a country that was once merely an entry point."