AFGHAN-SALT-PIT-large570
No Charges Filed on Harsh Tactics Used by the C.I.A.
January 4, 2013   By:    Death in Custody, Gul Rahman, Manadel Al Jamadi   27 Comments   //   2379 Views

FD Editor’s Note:  First published August 30, 2012, the two detainees that were murdered are Manadel al-Jamadi, the Iraqi husband and father of a young son.  They called him”the ice man” at Abu Ghraib in 2003.  He died after being tortured in a method called “Strappado,” a brutal hanging by tying the hands behind the back and hanging the prisoner by them, dislocating the shoulders.  The death in 2002 was of a prisoner named Gul Rahman, an Afghan man who once played a part in the rescue of Hamid Karzai, the U.S. installed president of Afghanistan.  The rescue took place in 1994 when Karzai was being held by government forces.

By SCOTT SHANE

Manadel_al-Jamadi

Manadel_al-Jamadi2

 Manadel al-Jamadi’s wife and son showing the infamous Abu Ghraib photo

 Attorney General Eric H. Holder Jr. announced Thursday that no one would be prosecuted for the deaths of a prisoner in Afghanistan in 2002 and another in Iraq in 2003, eliminating the last possibility that any criminal charges will be brought as a result of the brutal interrogations carried out by the C.I.A.

Mr. Holder had already ruled out any charges related to the use of waterboarding and other methods that most human rights experts consider to be torture. His announcement closes a contentious three-year investigation by the Justice Department and brings to an end years of dispute over whether line intelligence or military personnel or their superiors would be held accountable for the abuse of prisoners in the aftermath of the terrorist attacks of Sept. 11, 2001.

The closing of the two cases means that the Obama administration’s limited effort to scrutinize the counterterrorism programs carried out under President George W. Bush has come to an end. Without elaborating, Mr. Holder suggested that the end of the criminal investigation should not be seen as a moral exoneration of those involved in the prisoners’ treatment and deaths.

“Based on the fully developed factual record concerning the two deaths, the department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt,” his statement said. It said the investigation “was not intended to, and does not resolve, broader questions regarding the propriety of the examined conduct.”

The Justice Department did not say publicly which cases had been under investigation. But officials had previously confirmed the identities of the prisoners: Gul Rahman,

gul rahman AFGHAN-SALT-PIT-large570
 Gul Rahman died of hypothermia in the secret prison “Black Site” nicknamed “The Salt Pit.”

 

suspected of being a militant, who died in 2002 after being shackled to a concrete wall in near-freezing temperatures at a secret C.I.A. prison in Afghanistan known as the Salt Pit; and Manadel al-Jamadi, who died in C.I.A. custody in 2003 at Abu Ghraib prison in Iraq, where his corpse was photographed packed in ice and wrapped in plastic.

Mr. Holder’s announcement might remove a possible target for Republicans during the presidential campaign. But the decision will disappoint liberals who supported President Obama when he ran in 2008 and denounced what he called torture and abuse of prisoners under his predecessor.

“It is hugely disappointing that with ample evidence of torture, and documented cases of some people actually being tortured to death, that the Justice Department has not been able to mount a successful prosecution and hold people responsible for these crimes,” said Elisa Massimino, president of Human Rights First. “The American people need to know what was done in their name.”

She said her group’s own investigation of the deaths of prisoners showed that initial inquiries were bungled by military and intelligence officers in charge of prisons in Iraq and Afghanistan. She said Mr. Holder, whose statement referred to consideration of “statutes of limitations and jurisdictional provisions,” should have been more explicit in explaining exactly why charges could not be brought.

While no one has been prosecuted for the harsh interrogations, a former C.I.A. officer who helped hunt members of Al Qaeda in Pakistan and later spoke publicly about waterboarding, John C. Kiriakou, is awaiting trial on criminal charges that he disclosed to journalists the identity of other C.I.A. officers who participated in the interrogations.

The C.I.A. director, David H. Petraeus, who as an Army general had spoken out against brutal interrogations, issued a cautious statement to agency employees about Mr. Holder’s announcement. He thanked C.I.A. officers “who played a role in supporting the Justice Department’s inquiries” and added, “As intelligence officers, our inclination, of course, is to look ahead to the challenges of the future rather than backwards at those of the past.”

Representative Mike Rogers, the Michigan Republican who is chairman of the House Intelligence Committee, welcomed the announcement. “I am pleased that the attorney general’s re-examination of these cases has come to a close and that he recognizes that filing criminal charges in these cases is inappropriate,” he said. “These intelligence officers can now continue to focus on the hard work at hand, protecting our national security.”

Mr. Holder’s decision in 2009 to open a new investigation into the C.I.A. interrogations was sharply criticized by some former intelligence officials and Republicans in Congress. The harsh interrogation methods, including the near-drowning of waterboarding, had been authorized in Justice Department legal opinions, and the deaths in custody had been previously reviewed by prosecutors during Mr. Bush’s presidency.

But after reviewing secret documents describing the treatment of prisoners, most of whom had been held in secret C.I.A. prisons overseas, Mr. Holder directed John Durham, the organized-crime prosecutor already looking into the C.I.A. destruction of video recordings of waterboarding, to broaden his inquiry.

Mr. Holder said interrogators would not be charged if they had acted strictly in accordance with the department’s legal advice, though the legal opinions involved were later withdrawn. The review focused more narrowly on cases in which interrogators exceeded legal guidelines, including instances of prisoners waterboarded more often than permitted and of one prisoner who was threatened with an electric drill.

In November 2010, the Justice Department said there would be no charges in the destruction of the videotapes of C.I.A. interrogations. In June 2011, Mr. Holder said that of more than 100 prisoners whose treatment had been reviewed, only the final two cases remained under investigation.

On his first full day in office in January 2009, Mr. Obama banned coercive interrogation methods and ordered the closing of the C.I.A.’s remaining prisons overseas. But he said that month that while he did not “believe that anybody is above the law,” he preferred “to look forward as opposed to looking backwards” and that he did not want C.I.A. employees to “suddenly feel like they’ve got to spend all their time looking over their shoulders and lawyering.”

The Senate Intelligence Committee has largely completed its own three-year investigation of the C.I.A. interrogation program, but its report is still classified and its conclusions are not yet known. In April, responding to a book by a former C.I.A. official asserting that brutal interrogations had produced the intelligence that helped locate Osama bin Laden, the Democratic chairwoman of the Senate Intelligence Committee, Dianne Feinstein, called that claim “misguided and misinformed.”

The moral and political debate over responsibility for the abuse and death of prisoners is unlikely to be ended by Mr. Holder’s announcement. Senator Patrick J. Leahy, the Vermont Democrat who is chairman of the Judiciary Committee, has long called for a “truth commission” to look into interrogation and other matters, offering immunity from prosecution in return for candid testimony. But Mr. Obama never supported the idea, and with prosecution all but ruled out, it seems unlikely to gain new momentum.

Ms. Massimino noted that in some other countries, the torture and death of prisoners have been the subject of public inquiries decades after the events. “I don’t think this is over,” she said. “I take the long view.”

 

 Source

 


Enter title here...
Enter content here...
Send to Kindle
27 Comments to “No Charges Filed on Harsh Tactics Used by the C.I.A.”
  • ramadan
    July 14, 2013 -

    Hmm is anyone else experiencing problems with the pictures on this blog
    loading? I’m trying to figure out if its a problem on my end or if it’s the blog.
    Any responses would be greatly appreciated.

  • Sherell Garufi
    August 8, 2013 -

    I simply want to say I’m newbie to blogging and site-building and honestly loved this blog site. Probably I’m likely to bookmark your website . You amazingly have fabulous articles and reviews. Thank you for sharing your website.

  • mold in celar
    August 11, 2013 -

    The next time I learn a weblog, I hope that it doesnt disappoint me as a lot as this one. I mean, I do know it was my choice to read, however I actually thought youd have something interesting to say. All I hear is a bunch of whining about something that you would fix for those who werent too busy in search of attention.

  • company for removing mold
    August 11, 2013 -

    Spot on with this write-up, I truly suppose this website wants rather more consideration. I’ll probably be again to learn far more, thanks for that info.

  • mold remediation
    August 11, 2013 -

    When I originally commented I clicked the -Notify me when new comments are added- checkbox and now each time a remark is added I get 4 emails with the identical comment. Is there any method you can remove me from that service? Thanks!

  • moisture mold removal
    August 11, 2013 -

    This web page is really a stroll-through for the entire information you needed about this and didn’t know who to ask. Glimpse right here, and you’ll definitely discover it.

  • attic mold remediation
    August 11, 2013 -

    Spot on with this write-up, I actually think this website wants rather more consideration. I’ll probably be again to learn far more, thanks for that info.

  • company for removing mold
    August 11, 2013 -

    There are certainly a whole lot of particulars like that to take into consideration. That could be a great level to convey up. I offer the thoughts above as basic inspiration but clearly there are questions just like the one you deliver up the place a very powerful thing can be working in honest good faith. I don?t know if greatest practices have emerged around issues like that, but I am positive that your job is clearly identified as a good game. Each boys and girls really feel the influence of just a second’s pleasure, for the remainder of their lives.

  • mildew testing
    August 11, 2013 -

    Oh my goodness! an incredible article dude. Thanks Nevertheless I am experiencing issue with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting identical rss drawback? Anyone who is aware of kindly respond. Thnkx

  • who does local mold removal
    August 11, 2013 -

    It’s best to participate in a contest for among the finest blogs on the web. I will recommend this website!

  • mildew testing
    August 11, 2013 -

    The next time I learn a blog, I hope that it doesnt disappoint me as much as this one. I imply, I do know it was my option to read, however I really thought youd have something fascinating to say. All I hear is a bunch of whining about something that you possibly can repair in case you werent too busy in search of attention.

  • mold inspection
    August 11, 2013 -

    An attention-grabbing dialogue is value comment. I believe that it is best to write extra on this matter, it won’t be a taboo subject however typically individuals are not enough to talk on such topics. To the next. Cheers

  • where to hire mold removal
    August 13, 2013 -

    After examine a couple of of the blog posts on your website now, and I really like your method of blogging. I bookmarked it to my bookmark web site record and can be checking again soon. Pls take a look at my web page as nicely and let me know what you think.

  • I real delighted to find this website on bing, just what I was looking for :D besides saved to bookmarks.

  • Car Donation Programs
    August 14, 2013 -

    You must know by now, your piece goes to the core of the issue. Your lucidity leaves me wanting to know more. Just so you know, i will forthwith grab your feed to keep up to date with your site. Saying thanks is simply my little way of saying great job for a marvellous resource. Take On my dearest wishes for your incoming article. :) car donation sites

  • my website
    August 14, 2013 -

    It’s nearly impossible to find educated people about this subject, however, you seem like you know what you’re talking about! Thanks

  • who does mold removal
    August 16, 2013 -

    I am often to blogging and i actually respect your content. The article has really peaks my interest. I am going to bookmark your website and maintain checking for brand spanking new information.

  • diamond coating
    August 17, 2013 -

    I don’t even know how I ended up here, however I believed this submit was great. I do not recognize who you might be but certainly you’re going to a well-known blogger if you aren’t already ;) Cheers!

  • the internet
    August 17, 2013 -

    If you’re still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you’ll know which is right for you.

  • san diego dentist
    August 18, 2013 -

    Thanks for your write-up. What I want to point out is that when you are evaluating a good internet electronics store, look for a site with complete information on critical factors such as the personal privacy statement, safety measures details, any payment guidelines, and various terms along with policies. Often take time to browse the help and also FAQ sections to get a far better idea of the way the shop works, what they are able to do for you, and exactly how you can use the features.

  • mold smell in attic
    August 18, 2013 -

    WONDERFUL Post.thanks for share..extra wait .. …

  • iraqi dinar revaluation
    August 18, 2013 -

    Excellent post. I had been looking at regularly this weblog website that i’m influenced! Very valuable information especially the remaining period I sustain such details a good deal. I had been in search of this sort of info to get a prolonged moment. Thank you and greatest of excellent fortune.

  • ground reinforcement product
    August 19, 2013 -

    Modular Kitchens have changed the idea of kitchen these days simply because it has provided household ladies with a comfortable yet a classy place where they may invest their quality time and space.

  • That is the fitting weblog for everyone who desires to locate out about this subject. You fully grasp a good deal its virtually exhausting to argue with you (not that I truly would want…HaHa). You undoubtedly place a brand new spin on a subject thats been written about for years. Nice stuff, just good!