Dec. 13, 2012
By Richard Norton-Taylor
CIA agents tortured a German citizen, sodomising, shackling, and beating him, as Macedonian state police looked on, the European court of human rights said in a historic judgment released on Thursday.
In a unanimous ruling, it also found Macedonia guilty of torturing, abusing, and secretly imprisoning Khaled el-Masri, a German of Lebanese origin allegedly linked to terrorist organisations.
Masri was seized in Macedonia in December 2003 and handed over to a CIA “rendition team” at Skopje airport and secretly flown to Afghanistan.
It is the first time the court has described CIA treatment meted out to terror suspects as torture.
“The grand chamber of the European court of human rights unanimously found that Mr el-Masri was subjected to forced disappearance, unlawful detention, extraordinary rendition outside any judicial process, and inhuman and degrading treatment,” said James Goldston, executive director of the Open Society Justice Initiative.
He described the judgment as “an authoritative condemnation of some of the most objectionable tactics employed in the post-9/11 war on terror”. It should be a wake-up call for the Obama administration and US courts, he told the Guardian. For them to continue to avoid serious scrutiny of CIA activities was “simply unacceptable”, he said.
Jamil Dakwar, of the American Civil Liberties Union, described the ruling as “a huge victory for justice and the rule of law”.
The use of CIA interrogation methods widely denounced as torture during the Bush administration’s “war on terror” also came under scrutiny in Congress on Thursday. The US Senate’s select committee on intelligence was expected to vote on whether to approve a mammoth review it has undertaken into the controversial practices that included waterboarding, stress positions, forced nudity, beatings and sleep and sensory deprivation.
The report, that runs to almost 6,000 pages based on a three-year review of more than 6m pieces of information, is believed to conclude that the “enhanced interrogation techniques” adopted by the CIA during the Bush years did not produce any major breakthroughs in intelligence, contrary to previous claims. The committee, which is dominated by the Democrats, is likely to vote to approve the report, though opposition from the Republican members may prevent the report ever seeing the light of day.
The Strasbourg court said it found Masri’s account of what happened to him “to be established beyond reasonable doubt” and that Macedonia had been “responsible for his torture and ill-treatment both in the country itself and after his transfer to the US authorities in the context of an extra-judicial ‘rendition’”.
In January 2004, Macedonian police took him to a hotel in Skopje, where he was kept locked in a room for 23 days and questioned in English, despite his limited proficiency in that language, about his alleged ties with terrorist organisations, the court said in its judgment. His requests to contact the German embassy were refused. At one point, when he said he intended to leave, he was threatened with being shot.
“Masri’s treatment at Skopje airport at the hands of the CIA rendition team – being severely beaten, sodomised, shackled and hooded, and subjected to total sensory deprivation – had been carried out in the presence of state officials of [Macedonia] and within its jurisdiction,” the court ruled.
Full Article Here – http://www.guardian.co.uk/law/2012/dec/13/cia-tortured-sodomised-terror-suspect