Outsourcing Torture - The grip is tightening on Gonzales genitals

A former New York City prosecutor, who was a supervisory special agent from the FBI’s behavioural analysis was sent to Guantanamo Bay to advise on interrogation techniques.

On Nov. 27, 2002 he forwarded to a senior FBI lawyer a legal analysis of Pentagon approved interrogation techniques for use against a high-value Qaeda detainee. The memo kicked off with objections to exploiting "phobias" like "the fear of dogs" or dripping water "to induce the misperception of drowning,". It went on to consider a plan to send the detainee to Jordan, Egypt or an unspecified third country for interrogation.

A senior unnamed FBI official, told Newsweek the memo was "not an official bureau legal conclusion".

The memo continued the Newsweek report, to consider a plan to send the detainee to Jordan, Egypt or an unspecified third country for interrogation and said, "In as much as the intent of this category is to utilize, outside the U.S., interrogation techniques which would violate [U.S. law] if committed in the U.S., it is a per se violation of the U.S. Torture Statute," the agent wrote. "Discussing any plan which includes this category could be seen as a con-spiracy to violate [the Torture Statute]" and "would inculpate" everyone involved. (See details below)

A senior U.S. law-enforcement official familiar with the memo and it’s contents is quoted , as saying the memo reflects concerns among many agents and lawyers about "rendition." Over 100 terror suspects are said to have been rendered to foreign countries by the CIA under a classified directive signed by President George W. Bush after 9/11. A senior U.S. intelligence official, again anonymous, is quoted as saying rendering suspects to their country of origin where local interrogators speak the language better and understand the cultural sensitivities of the suspects can aid intelligence.

"No one is sent anywhere for the purpose of being tortured," the unnamed official said.

The Pentagon has denied involvement in renditions, but officials have confirmed the now well documented story that 65 detainees have been transferred from Guantanamo for further detention or prosecution by foreign governments, including 29 to Pakistan, seven to Russia, five to Morocco and four to Saudi Arabia, all countries that the US State Department criticizes for practicing torture. Link

Craig Murray the ex UK Ambassador to Uzbekistan saw Intelligence reports resulting from such interrogations in Uzbekistan cross his desk – which he raised with the FO in London and his protests ultimately resulted in his removal from Tashkent and eventually the FO

"Tortured dupes are forced to sign confessions showing that the Uzbek government wants the US and UK to believe - that they and we are fighting the same war against terror. This is morally, legally and practically wrong."

His colleagues argued that they did not know for a fact whether informants had been tortured: "I will not attempt to hide my utter contempt for such casuistry, nor my shame that I work for an organisation where colleagues would resort to it to justify torture." Link
Link to CBS story 25/7 and script of 60 Minutes show about renditions

President Bush, in a January 25th 2005 interview with The New York Times, said: "Torture is never acceptable." He added, "nor do we hand over people to countries that do torture." he also repeated it in his State of the Union address.

US Statute § 2340A. Torture
Release date: 2004-08-06
(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.
(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.
(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

Pic ? A white Boeing 737 registration number N313P filmed at Glasgow Airport for refuelling in February 2005.

Inculpate? What lawyers say when they mean incriminate.