Globalizing Torture, CIA Secret Detention and Extraordinary Rendition

Globalizing Torture, CIA Secret Detention and Extraordinary Rendition

reported by Open Society Justative (216 pages)

http://www.opensocietyfoundations.org/sites/default/files/globalizing-torture-20120205.pdf

Copyright c 2013 Open Society Foundations.

This publication is available as a pdf on the Open Society

Foundations website under a Creative Commons license

that allows copying and distributing the publication,

only in its entirety, as long as it is attributed to the

Open Society Foundations and used for noncommercial

educational or public policy purposes. Photographs may

not be used separately from the publication.

ISBN: 978-1-936133-75-8

Published by:

Open Society Foundations

400 West 59th Street

New York, New York 10019 USA

www.opensocietyfoundations.org

FOR MORE INFORMATION CONTACT:

Amrit Singh

Senior Legal Officer

National Security and Counterterrorism

Amrit.Singh@opensocietyfoundations.org

DESIGN AND LAYOUT BY:

Ahlgrim Design Group

PRINTED BY:

GHP Media, Inc.

PHOTOGRAPHY:

Cover photo © Ron Haviv/VII

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CONTENTS

ACKNOWLEDGMENTS AND METHODOLOGY 4

EXECUTIVE SUMMARY 5

RECOMMENDATIONS 9

SECTION I: INTRODUCTION 11

SE CTION II: THE EVOLUTION OF CIA SECRET DETENTION AND 13

EXTRAORDINARY RENDITION OPERATIONS

Extraordinary Rendition 13

Secret Detention and “Enhanced Interrogation Techniques” 15

Current Policies and Practices 19

SE CTION III: INTERNATIONAL LEGAL STANDARDS APPLICABLE TO 22

CIA SECRET DETENTION AND EXTRAORDINARY RENDITION

Torture and Cruel, Inhuman, and Degrading Treatment 23

Transfer to Torture or Cruel, Inhuman, or Degrading Treatment 25

Arbitrary Detention and Enforced Disappearance 26

Participation in Secret Detention and Extraordinary Rendition Operations 27

SE CTION IV: DETAINEES SUBJECTED TO POST-SEPTEMBER 11, 2001, 29

CIA SECRET DETENTION AND EXTRAORDINARY RENDITION

SE CTION V: FOREIGN GOVERNMENT PARTICIPATION IN 61

CIA SECRET DETENTION AND EXTRAORDINARY RENDITION

SECTION VI: CONCLUSION 119

ENDNOTES 120

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GLOBALIZING TORTURE:

CIA SECRET DETENTION AND EXTRAORDINARY RENDITION

ACKNOWLEDGMENTS

This report was written by Amrit Singh, Senior Legal Officer for the Open

Society Justice Initiative’s National Security and Counterterrorism program, and

edited by David Berry. It received valuable comments from Betsy Apple, James

Goldston, Morton Halperin, Jonathan Horowitz, Emi Maclean, Mia Nitchun,

Wendy Patten, Stephen Rickard, and Robert Varenik. The report also benefited

from discussions with Julia Hall and Meg Satterthwaite. Research assistance from

Stacy Cammarano, Tim Kertland, James Tager, and Cole Taylor is also gratefully

acknowledged. Special thanks are due to Joanne Mariner, Director of the Human

Rights Program at Hunter College, for sharing her research.

METHODOLOGY

This report focuses primarily on human rights abuses associated with the

CIA’s post-September 11, 2001, secret detention and extraordinary rendition

operations. The report does not document extra-legal overseas transfers or

secret detention of detainees by agencies other than the CIA. Thus, the U.S.

Defense Department’s detention practices and its transfer of detainees to and

from Guantanamo Bay or other military detention facilities are not the focus of

this report.

The factual contents of this report are derived from credible public sources and

information provided by reputable human rights organizations. Sources for the

factual assertions are provided in accompanying endnotes. While every source

has been carefully reviewed for indicia of credibility, it is ultimately impossible to

corroborate every factual assertion due to the extraordinary level of government

secrecy associated with secret detention and extraordinary rendition operations.

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