WASHINGTON (Reuters) - The United States admitted to German officials last year that the CIA had mistakenly imprisoned one of its citizens for five months but asked the German government to remain quiet, according to a U.S. media report on Sunday. Daniel Coats, then the U.S. ambassador to Germany, told German Interior Minister Otto Schily in May 2004 that Khaled el-Masri had been wrongfully held but would soon be released, the Washington Post reported. He was later freed from a prison in Afghanistan. The newspaper cited interviews with current and former intelligence and diplomatic officials. CIA officials told Reuters they had no comment. The account comes as U.S. Secretary of State Condoleezza Rice prepared to visit Berlin and other European capitals amid allegations that the United States has committed abuses on the continent while fighting terrorism. A German prosecutor is probing el-Masri's case but German officials who knew of his ordeal have remained silent, the Post said. El-Masri, a German national who was arrested in Macedonia on December 31, 2003, has said he was handed to U.S. officials and flown to a secret prison in Afghanistan, where he was held in appalling conditions and interrogated as a terrorism suspect. He has said he was returned to Europe five months later when the CIA realized they had the wrong man.
Daniel Coats, then the U.S. ambassador to Germany, told German Interior Minister Otto Schily in May 2004 that Khaled el-Masri had been wrongfully held but would soon be released, the Washington Post reported. He was later freed from a prison in Afghanistan. The newspaper cited interviews with current and former intelligence and diplomatic officials. CIA officials told Reuters they had no comment.
The account comes as U.S. Secretary of State Condoleezza Rice prepared to visit Berlin and other European capitals amid allegations that the United States has committed abuses on the continent while fighting terrorism.
A German prosecutor is probing el-Masri's case but German officials who knew of his ordeal have remained silent, the Post said.
El-Masri, a German national who was arrested in Macedonia on December 31, 2003, has said he was handed to U.S. officials and flown to a secret prison in Afghanistan, where he was held in appalling conditions and interrogated as a terrorism suspect.
He has said he was returned to Europe five months later when the CIA realized they had the wrong man.
The CIA inspector general is investigating a growing number of what it calls "erroneous renditions," according to several former and current intelligence officials. One official said about three dozen names fall in that category; others believe it is fewer. The list includes several people whose identities were offered by al Qaeda figures during CIA interrogations, officials said. One turned out to be an innocent college professor who had given the al Qaeda member a bad grade, one official said. "They picked up the wrong people, who had no information. In many, many cases there was only some vague association" with terrorism, one CIA officer said. While the CIA admitted to Germany's then-Interior Minister Otto Schily that it had made a mistake, it has labored to keep the specifics of Masri's case from becoming public. As a German prosecutor works to verify or debunk Masri's claims of kidnapping and torture, the part of the German government that was informed of his ordeal has remained publicly silent. Masri's attorneys say they intend to file a lawsuit in U.S. courts this week. Masri was held for five months largely because the head of the CIA's Counterterrorist Center's al Qaeda unit "believed he was someone else," one former CIA official said. "She didn't really know. She just had a hunch." The CIA declined to comment for this article, as did Coats and a spokesman at the German Embassy in Washington. Schily did not respond to several requests for comment last week. ... A week before his release in late May 2004, Masri said he was visited in prison by a German man with a goatee who called himself Sam. Masri said he asked him if he were from the German government and whether the government knew he was there. Sam said he could not answer either question. "Does my wife at least know I'm here?" Masri asked. "No, she does not," Sam replied, according to Masri. Sam told Masri he was going to be released soon but that he would not receive any documents or papers confirming his ordeal. The Americans would never admit they had taken him prisoner, Sam added, according to Masri. ... Several intelligence and diplomatic officials said Macedonia did not want the CIA to bring Masri back inside the country, so the agency arranged for him to be flown to Albania. Masri said he was taken to a narrow country road at dusk. When they let him off, "They asked me not to look back when I started walking," Masri said. "I was afraid they would shoot me in the back." He said he was quickly met by three armed men. They drove all night, arriving in the morning at Mother Teresa Airport in Tirana. Masri said he was escorted onto the plane, past all the security checkpoints, by an Albanian. Masri has been reunited with his children and wife, who had moved the family to Lebanon because she did not know where her husband was. Unemployed and lonely, Masri says neither his German nor Arab friends dare associate with him because of the publicity.
One official said about three dozen names fall in that category; others believe it is fewer. The list includes several people whose identities were offered by al Qaeda figures during CIA interrogations, officials said. One turned out to be an innocent college professor who had given the al Qaeda member a bad grade, one official said.
"They picked up the wrong people, who had no information. In many, many cases there was only some vague association" with terrorism, one CIA officer said.
While the CIA admitted to Germany's then-Interior Minister Otto Schily that it had made a mistake, it has labored to keep the specifics of Masri's case from becoming public. As a German prosecutor works to verify or debunk Masri's claims of kidnapping and torture, the part of the German government that was informed of his ordeal has remained publicly silent. Masri's attorneys say they intend to file a lawsuit in U.S. courts this week.
Masri was held for five months largely because the head of the CIA's Counterterrorist Center's al Qaeda unit "believed he was someone else," one former CIA official said. "She didn't really know. She just had a hunch."
The CIA declined to comment for this article, as did Coats and a spokesman at the German Embassy in Washington. Schily did not respond to several requests for comment last week.
... A week before his release in late May 2004, Masri said he was visited in prison by a German man with a goatee who called himself Sam. Masri said he asked him if he were from the German government and whether the government knew he was there. Sam said he could not answer either question.
"Does my wife at least know I'm here?" Masri asked. "No, she does not," Sam replied, according to Masri. Sam told Masri he was going to be released soon but that he would not receive any documents or papers confirming his ordeal. The Americans would never admit they had taken him prisoner, Sam added, according to Masri.
... Several intelligence and diplomatic officials said Macedonia did not want the CIA to bring Masri back inside the country, so the agency arranged for him to be flown to Albania. Masri said he was taken to a narrow country road at dusk. When they let him off, "They asked me not to look back when I started walking," Masri said. "I was afraid they would shoot me in the back."
He said he was quickly met by three armed men. They drove all night, arriving in the morning at Mother Teresa Airport in Tirana. Masri said he was escorted onto the plane, past all the security checkpoints, by an Albanian.
Masri has been reunited with his children and wife, who had moved the family to Lebanon because she did not know where her husband was. Unemployed and lonely, Masri says neither his German nor Arab friends dare associate with him because of the publicity.
Clear and transparent legal procedures of arrest and access to legal counsel are the best defense we have against this sort of mistake. This is why constitutional democracy is designed with these protections. And even with these defenses mistakes are sometimes made. The secrecy and unaccountability were undoubtedly going to end up with many of these mistakes.
The Us administration and its supporters are basically saying that it is okay to catch as many people as they can, including innocents, provided that they get some guilty terrorists in the lot.
These people are the terrorists. Arresting, torturing and making people disappear just because of their family name? Seriously, how different is that from blowing up people just for being in the wrong street at the wrong time?
They're right, this is an unprecedented danger - but it is them. In the long run, we're all dead. John Maynard Keynes
US officials have refused to confirm or deny the existence of the secret facilities. But they have defended in general terms the country's use of tough tactics in its global war on terror. In an interview with CNN, Hadley said there are certain kinds of operations "one cannot talk about." "The terrorists threaten all of us," he said. "You've seen terror attacks in Britain, in Spain, in Italy, in Turkey, in Russia, in Egypt in Jordan, in Saudi Arabia. This is a threat, really, to the civilized world. "We need to cooperate together to deal with this terrorist threat that threatens all of us. We're cooperating with a number of countries. "That cooperation though is characterized by three things: One, we comply with the US Constitution. US laws and US treaty obligations. Secondly, we respect the sovereignty of those countries with whom we cooperate. And three, we do not move people around the world so that they can be tortured." Asked specifically whether Washington operates secret prisons in Europe, he repeated that Rice will address the issue. But if such operations were going on "they're the kinds of things that one cannot talk about. "Why? Because the information would help the enemy. It would compromise the operations and it would put countries who are cooperating with us at risk," he said, stressing that it should not be inferred from his remarks that secret CIA prisons exist.
In an interview with CNN, Hadley said there are certain kinds of operations "one cannot talk about." "The terrorists threaten all of us," he said. "You've seen terror attacks in Britain, in Spain, in Italy, in Turkey, in Russia, in Egypt in Jordan, in Saudi Arabia. This is a threat, really, to the civilized world.
"We need to cooperate together to deal with this terrorist threat that threatens all of us. We're cooperating with a number of countries.
"That cooperation though is characterized by three things: One, we comply with the US Constitution. US laws and US treaty obligations. Secondly, we respect the sovereignty of those countries with whom we cooperate. And three, we do not move people around the world so that they can be tortured."
Asked specifically whether Washington operates secret prisons in Europe, he repeated that Rice will address the issue.
But if such operations were going on "they're the kinds of things that one cannot talk about. "Why? Because the information would help the enemy. It would compromise the operations and it would put countries who are cooperating with us at risk," he said, stressing that it should not be inferred from his remarks that secret CIA prisons exist.
When the 40-seat turboprop landed in St. John's one recent Friday evening, there was no reason to believe ghosts were involved in the procedure. The U.S. Federal Aviation Administration recorded everything anyone would need to know, it seemed, about the fixed-wing, multi-engine plane, registration number N196D, built in 2003 and registered as a corporate jet. The corporation is identified as Devon Holding and Leasing Inc., headquartered at a downtown address in Lexington, N.C. And that is when the ghosts appear. There is no Devon Holding and Leasing Inc. at 129 W. Center St. in Lexington, N.C. There is no phone listing. The city offices have never heard of it; neither has the Chamber of Commerce. The law offices of James A. Gleason are at 129 W. Center St., but five days of inquiries there failed to yield an answer to this simple question: Does anyone in this office know of a company called Devon Holding and Leasing? It is almost certainly a CIA shell company, existing on paper only, and the turboprop was likely carrying a "ghost" prisoner to a country where torture is used during interrogations. Such covert flights, known as "extraordinary renditions," became infamous in Canada in the case of Maher Arar, the Ottawa man who was tortured in Syria after being whisked away from New York's John F. Kennedy Airport as a suspected terrorist. The United States denies it tortures suspects.
The U.S. Federal Aviation Administration recorded everything anyone would need to know, it seemed, about the fixed-wing, multi-engine plane, registration number N196D, built in 2003 and registered as a corporate jet.
The corporation is identified as Devon Holding and Leasing Inc., headquartered at a downtown address in Lexington, N.C.
And that is when the ghosts appear.
There is no Devon Holding and Leasing Inc. at 129 W. Center St. in Lexington, N.C. There is no phone listing. The city offices have never heard of it; neither has the Chamber of Commerce. The law offices of James A. Gleason are at 129 W. Center St., but five days of inquiries there failed to yield an answer to this simple question: Does anyone in this office know of a company called Devon Holding and Leasing?
It is almost certainly a CIA shell company, existing on paper only, and the turboprop was likely carrying a "ghost" prisoner to a country where torture is used during interrogations.
Such covert flights, known as "extraordinary renditions," became infamous in Canada in the case of Maher Arar, the Ottawa man who was tortured in Syria after being whisked away from New York's John F. Kennedy Airport as a suspected terrorist.
The United States denies it tortures suspects.
Military autopsy reports provide indisputable proof that detainees are being tortured to death while in US military custody. Yet the US corporate media are covering it with the seriousness of a garage sale for the local Baptist Church. A recent American Civil Liberties Union (ACLU) posting of one of forty-four US military autopsy reports reads as follows: "Final Autopsy Report: DOD 003164, (Detainee) Died as a result of asphyxia (lack of oxygen to the brain) due to strangulation as evidenced by the recently fractured hyoid bone in the neck and soft tissue hemorrhage extending downward to the level of the right thyroid cartilage. Autopsy revealed bone fracture, rib fractures, contusions in mid abdomen, back and buttocks extending to the left flank, abrasions, lateral buttocks. Contusions, back of legs and knees; abrasions on knees, left fingers and encircling to left wrist. Lacerations and superficial cuts, right 4th and 5th fingers. Also, blunt force injuries, predominately recent contusions (bruises) on the torso and lower extremities. Abrasions on left wrist are consistent with use of restraints. No evidence of defense injuries or natural disease. Manner of death is homicide. Whitehorse Detainment Facility, Nasiriyah, Iraq." The ACLU website further reveals how: "a 27-year-old Iraqi male died while being interrogated by Navy Seals on April 5, 2004, in Mosul, Iraq. During his confinement he was hooded, flex-cuffed, sleep deprived and subjected to hot and cold environmental conditions, including the use of cold water on his body and hood. The exact cause of death was "undetermined" although the autopsy stated that hypothermia may have contributed to his death. Another Iraqi detainee died on January 9, 2004, in Al Asad, Iraq, while being interrogated. He was standing, shackled to the top of a doorframe with a gag in his mouth, at the time he died. The cause of death was asphyxia and blunt force injuries. So read several of the 44 US military autopsy reports on the ACLU website -evidence of extensive abuse of US detainees in Iraq and Afghanistan 2002 through 2004. Anthony Romero, Executive Director of ACLU stated, "There is no question that US interrogations have resulted in deaths." ACLU attorney Amrit Sing adds, "These documents present irrefutable evidence that US operatives tortured detainees to death during interrogations."
A recent American Civil Liberties Union (ACLU) posting of one of forty-four US military autopsy reports reads as follows: "Final Autopsy Report: DOD 003164, (Detainee) Died as a result of asphyxia (lack of oxygen to the brain) due to strangulation as evidenced by the recently fractured hyoid bone in the neck and soft tissue hemorrhage extending downward to the level of the right thyroid cartilage. Autopsy revealed bone fracture, rib fractures, contusions in mid abdomen, back and buttocks extending to the left flank, abrasions, lateral buttocks. Contusions, back of legs and knees; abrasions on knees, left fingers and encircling to left wrist. Lacerations and superficial cuts, right 4th and 5th fingers. Also, blunt force injuries, predominately recent contusions (bruises) on the torso and lower extremities. Abrasions on left wrist are consistent with use of restraints. No evidence of defense injuries or natural disease. Manner of death is homicide. Whitehorse Detainment Facility, Nasiriyah, Iraq."
The ACLU website further reveals how: "a 27-year-old Iraqi male died while being interrogated by Navy Seals on April 5, 2004, in Mosul, Iraq. During his confinement he was hooded, flex-cuffed, sleep deprived and subjected to hot and cold environmental conditions, including the use of cold water on his body and hood. The exact cause of death was "undetermined" although the autopsy stated that hypothermia may have contributed to his death. Another Iraqi detainee died on January 9, 2004, in Al Asad, Iraq, while being interrogated. He was standing, shackled to the top of a doorframe with a gag in his mouth, at the time he died. The cause of death was asphyxia and blunt force injuries.
So read several of the 44 US military autopsy reports on the ACLU website -evidence of extensive abuse of US detainees in Iraq and Afghanistan 2002 through 2004. Anthony Romero, Executive Director of ACLU stated, "There is no question that US interrogations have resulted in deaths." ACLU attorney Amrit Sing adds, "These documents present irrefutable evidence that US operatives tortured detainees to death during interrogations."
CIA agents have broken ranks to reveal the 'cruel and inhuman' interrogation techniques they are ordered to use at secret prisons around the world, including freezing and near-drowning. ... The existence of these detention facilities, and what happens inside them, are the most secret aspect of America's "war on terror". In contrast to military-run camps and prisons such as Guantanamo Bay in Cuba or Abu Ghraib in Iraq, where it was impossible to shield all CIA activity from outside scrutiny, the location of the "black sites" and the identities of those held there are made known only to a handful of senior officials in the US. In the host countries, only the president and top intelligence officials are aware of them. Details of the secret prisons and the methods used in them have emerged mainly from CIA officers themselves, who said the public needed to know "the direction their agency has chosen". They broke ranks amid a furore in Washington over an amendment to the White House military spending package going through Congress. Senator John McCain (Republican), a former US navy pilot who was captured and tortured in Vietnam, wants an unequivocal ban on all "cruel and inhuman" treatment of prisoners in US custody, including those held by the CIA. ... At least one death has been reported elsewhere, however. In a CIA facility in Kabul known as the "Salt Pit", an officer, described as young and inexperienced, used the "cold treatment" on a detainee, who was left outdoors, naked, throughout a freezing Afghan night. He died of hypothermia. The case is being investigated, along with several others in Afghanistan and Iraq where interrogators - CIA officers, civilian contractors or members of the special forces - went well beyond the guidelines and suspects died as a result. Colonel Lawrence Wilkerson, chief of staff to Colin Powell when he was US Secretary of State, said last week that he knew of more than 70 "questionable deaths" of detainees under US supervision up to the end of 2002, when he left office. That figure, he added, was now around 90.
... The existence of these detention facilities, and what happens inside them, are the most secret aspect of America's "war on terror". In contrast to military-run camps and prisons such as Guantanamo Bay in Cuba or Abu Ghraib in Iraq, where it was impossible to shield all CIA activity from outside scrutiny, the location of the "black sites" and the identities of those held there are made known only to a handful of senior officials in the US. In the host countries, only the president and top intelligence officials are aware of them.
Details of the secret prisons and the methods used in them have emerged mainly from CIA officers themselves, who said the public needed to know "the direction their agency has chosen". They broke ranks amid a furore in Washington over an amendment to the White House military spending package going through Congress. Senator John McCain (Republican), a former US navy pilot who was captured and tortured in Vietnam, wants an unequivocal ban on all "cruel and inhuman" treatment of prisoners in US custody, including those held by the CIA.
... At least one death has been reported elsewhere, however. In a CIA facility in Kabul known as the "Salt Pit", an officer, described as young and inexperienced, used the "cold treatment" on a detainee, who was left outdoors, naked, throughout a freezing Afghan night. He died of hypothermia. The case is being investigated, along with several others in Afghanistan and Iraq where interrogators - CIA officers, civilian contractors or members of the special forces - went well beyond the guidelines and suspects died as a result.
Colonel Lawrence Wilkerson, chief of staff to Colin Powell when he was US Secretary of State, said last week that he knew of more than 70 "questionable deaths" of detainees under US supervision up to the end of 2002, when he left office. That figure, he added, was now around 90.
On Sunday, President Bush's national security adviser Stephen Hadley told US networks that Ms Rice would address the issue "in a comprehensive way". "We comply with US law, we respect the sovereignty of the countries with which we deal, and we do not move people around the world so that they can be tortured," Mr Hadley told Fox News Sunday. And in an interview with CNN, he said that providing information about certain operations "would help the enemy... it would put countries who are co-operating with us at risk"
"We comply with US law, we respect the sovereignty of the countries with which we deal, and we do not move people around the world so that they can be tortured," Mr Hadley told Fox News Sunday.
And in an interview with CNN, he said that providing information about certain operations "would help the enemy... it would put countries who are co-operating with us at risk"
Note that these are not denials. Rather it is evidence that the US is intepreting international law and ordinary definitions to its own ends.
The issue of severeignty is interesting. Some countries' law effectively excludes planes simply refuelling in airports while transitting as still being in international territory. Perhaps those with a better knowledge of the laws in the relevant countries (including Scotland which has its own laws) can clarify. Agencies like customs or immigration only tends to be involved once someone tries to leave "airside". In many cases at ost only a manifest would have to be lodged and this would list something like " 4 passengers - Mr W,X, Y, and Z.
We then get to the qusetion whether the alleged prisons would violate national sovereignty. Since we know many countries are forced to accept that US military personnel are exept from local law and that US jurisdiction applies to them and their bases, it depends what you mean by sovereignty. US bases, embassies and some US facilities in large compounds are regarded as US territory. That's why women about to give birth are (and I know this from a friend's experience) urged to have their babies in a hospital within these sites. If they do so they satisfy the "native born" provision for standing for the US presidency. Bush would therefore argue that the prisons within US bases are not on the territory of the country that hosts them. I believe just such an argument was given to avoid Cuban criticism of Gitmo Bay. On the other hand, when they are challenged about this in US courts, they claim the US Supreme Court has no competence because it is not on US territory. It's these sorts of legal niceties that the weasel words of Rice will exploit.
As for not moving them around to be tortured - again it depends what you mean by torture. We know the CIA has been authorised to use "waterboarding" which has been described as torture by the Pentagon in the context of the treatment of US prisoners. For the CIA is is merely an extreme measure short of torture. By the way, other methods described in the CIA document were also described as torture by the European Court of Human Rights when they were referred to it in the context of British treatment of prisoners in Northern Ireland.
Of course the US could be trying the Blair technique to enable the UK to extradite to countries known to torture. Effectively they write to the country concerned and ask "you won't torture these prisoners if we send them to you, will you" to which the country writes back "of course not". Voila! You are not extraditing them to be tortured.
I also find the concept that telling the truth would "help the enemy" interesting apart from it being a tacit admission that the US is lying to its allies and friends. Are they suggesting that by telling say the UK that the flights stopping at Prestwick have renditees on them would "help the enemy" How? Because even Blair would be forced by the knowledge to rescue the prisoners? Or that the governments of these countries are so unreliable that they would publish the information? Or perhaps the real truth is that the Bush Administration considers the Europeans the enemy?
Be ready to carefully deconstruct anything Rice says in public - and anything the US cronies like Blair or Berlusconni (and Merkle?) might have to say in answer to questions in press conferences.
In a CIA facility in Kabul known as the "Salt Pit", an officer, described as young and inexperienced, used the "cold treatment" on a detainee, who was left outdoors, naked, throughout a freezing Afghan night. He died of hypothermia.
CIA agents have broken ranks to reveal the 'cruel and inhuman' interrogation techniques they are ordered to use at secret prisons around the world, including freezing and near-drowning.
German government officials were yesterday at pains to stress that the flight list gave no indication of what the suspected CIA aircraft were carrying. Wolfgang Bosbach, a senior conservative in Mrs Merkel's government said: "I assume that the German authorities were not informed about these alleged CIA prisoner flights. If they did know about them, this would amount to a massive infringement of the European Convention on Human Rights," he added. However, the German section of Amnesty International insisted that the German authorities were aware of what the flights were being used for. "We have reported on these CIA kidnappings for some time, those responsible must have known about these flights," said Barbara Lochbihler, from Amnesty. Ms Rice is scheduled to meet with Mrs Merkel and Franz-Walter Steinmeier, her foreign minister during her visit. All three politicians will be under pressure to answers the allegations. Ms Rice has said that she will provide an answer to an EU letter of complaint on the issue complied by Jack Straw, the British Foreign Secretary. However, reports ahead of her visit suggested that she was in no mood to dwell on the issue. One official involved in drafting her response in Washington was quoted in the Washington Post as saying: "The key point will be 'We're all in this together and you need to look at yourselves as much as us'. People in glass houses shouldn't throw stones."
However, the German section of Amnesty International insisted that the German authorities were aware of what the flights were being used for. "We have reported on these CIA kidnappings for some time, those responsible must have known about these flights," said Barbara Lochbihler, from Amnesty.
Ms Rice is scheduled to meet with Mrs Merkel and Franz-Walter Steinmeier, her foreign minister during her visit. All three politicians will be under pressure to answers the allegations.
Ms Rice has said that she will provide an answer to an EU letter of complaint on the issue complied by Jack Straw, the British Foreign Secretary. However, reports ahead of her visit suggested that she was in no mood to dwell on the issue.
One official involved in drafting her response in Washington was quoted in the Washington Post as saying: "The key point will be 'We're all in this together and you need to look at yourselves as much as us'. People in glass houses shouldn't throw stones."
"The key point will be 'We're all in this together and you need to look at yourselves as much as us'. People in glass houses shouldn't throw stones."
I do, indeed, hope there is some self-reflection going on across intelligence agencies, defense ministries, and political party houses all across Europe. I hope that they are asking themselves how they have come to a point that the very core of what our societies are built on is being thrown away. I hope that they are asking what is the very reason for creating limited constitutional democratic government? I hope they are asking what was the American Revolution, the French Revolution, WWI, WWII, and the Cold War all about? Weren't they about citizens protecting themselves from the all powerful state?
I want them to be asking themselves these questions.
As for the second part...if that is true, then it means that there has been even more complicity than has been acknowledged.
This is an argument that is suited for a mob, not for diplomacy. It sounds more like it is about keeping "the gang" together.
Any such attempts to silence European protest must be declined. But, on the other hand: Any European leader who knew more about CIA torture/deportation than he admits now, has to be held accounted for as well. Only a good share of public pressure will provide for that.
The British government is guilty of breaking international law if it allowed secret CIA "rendition" flights of terror suspects to land at UK airports, according to a report by American legal scholars. Merely giving permission for the flights to refuel while en route to the Middle East to collect a prisoner would constitute a breach of the law, according to the opinion commissioned by an all-party group of MPs, which meets in parliament for the first time today. The report comes as the US secretary of state, Condoleezza Rice, arrives in Europe for a trip that has been overshadowed by the growing dispute about the CIA's use of rendition - the term used to describe the abduction of suspects who are taken to countries where they can be questioned outside the protection of US law. Several European governments, as well as the EU, have launched investigations into hundreds of CIA flights which have shuttled through the continent. Fresh revelations in Germany at the weekend show that CIA aircraft have landed in the country on 437 occasions. The Washington Post also reported that dozens of prisoners had been wrongly taken under rendition, with some kidnapped in their home countries and held incommunicado for weeks. Ms Rice has promised to clarify the issue. Yesterday, however, US officials made it clear she was likely to respond robustly to any questioning from European leaders.
Merely giving permission for the flights to refuel while en route to the Middle East to collect a prisoner would constitute a breach of the law, according to the opinion commissioned by an all-party group of MPs, which meets in parliament for the first time today.
The report comes as the US secretary of state, Condoleezza Rice, arrives in Europe for a trip that has been overshadowed by the growing dispute about the CIA's use of rendition - the term used to describe the abduction of suspects who are taken to countries where they can be questioned outside the protection of US law.
Several European governments, as well as the EU, have launched investigations into hundreds of CIA flights which have shuttled through the continent. Fresh revelations in Germany at the weekend show that CIA aircraft have landed in the country on 437 occasions. The Washington Post also reported that dozens of prisoners had been wrongly taken under rendition, with some kidnapped in their home countries and held incommunicado for weeks.
Ms Rice has promised to clarify the issue. Yesterday, however, US officials made it clear she was likely to respond robustly to any questioning from European leaders.
Fran, thanks for the post about the Bulgarian gold the other day. Yes, a big archaelogical find.
All this suggests European governments may not push Ms Rice too hard for fear of embarrassing themselves as well as her. Germany, in particular, has another possible motive for playing down the affair. Its new chancellor, Angela Merkel, who will meet Ms Rice tomorrow, wants better relations with Washington, not another damaging row. All the same, the escalating rendition controversy has reawakened Europe's worst nightmares about the Bush administration's perceived disdain for international law, its apparent willingness to flout human rights norms and the tendency of its policies to ensnare and compromise its allies. It can only deepen European public hostility and place further strains on transatlantic ties. And even if Ms Rice's tactics work and governments conspire to build a wall of silence, national parliaments, the UN, the European commission, the Council of Europe, human rights groups and American and European media have all launched inquiries and will continue to demand answers. If nothing else is certain, it seems this particular CIA operation has been blown for good.
All the same, the escalating rendition controversy has reawakened Europe's worst nightmares about the Bush administration's perceived disdain for international law, its apparent willingness to flout human rights norms and the tendency of its policies to ensnare and compromise its allies. It can only deepen European public hostility and place further strains on transatlantic ties.
And even if Ms Rice's tactics work and governments conspire to build a wall of silence, national parliaments, the UN, the European commission, the Council of Europe, human rights groups and American and European media have all launched inquiries and will continue to demand answers. If nothing else is certain, it seems this particular CIA operation has been blown for good.
Legal advice sought by an all-party parliamentary group, which meets for the first time today, concluded that the British Government would be guilty of breaking international law if it allowed secret flights to use UK airports, it was reported last night. Academics from New York University said: "A state which aids or assists another state in the commission of an internationally wrongful act by the latter is internationally responsible for doing so." The British Government has insisted that there is nothing wrong with the CIA flying planes through British airspace, and admits that it does not know or ask whether there are any prisoners on the flights. According to The Washington Post, the US Government has pressed Berlin not to complain about the CIA's wrongful alleged kidnapping and imprisonment of Khaled Masri, a German who says he was abducted in Macedonia and tortured at a US base in Afghanistan. Despite the controversy, the US State Department believes that there is little appetite among European governments to take on the US over its tactics in the war on terror.
The British Government has insisted that there is nothing wrong with the CIA flying planes through British airspace, and admits that it does not know or ask whether there are any prisoners on the flights.
According to The Washington Post, the US Government has pressed Berlin not to complain about the CIA's wrongful alleged kidnapping and imprisonment of Khaled Masri, a German who says he was abducted in Macedonia and tortured at a US base in Afghanistan.
Despite the controversy, the US State Department believes that there is little appetite among European governments to take on the US over its tactics in the war on terror.
French airports, too, have received "Guantanamo Express" flights. The first identified flight dates back to 31 March 2002. The flight plan shows that Learjet N221SG took off at 1336 hours from Keflavik, Iceland, bound for Brest-Guipavas, from where it apparently set off again for Turkey. Its point of departure was St John's, Newfoundland. Canadian security authorities are also investigating this Learjet's comings and goings. This stopover on the coast of Brittany was probably necessitated by the limited range of this twin-engine 6/8 seater, which cannot fly between Guantanamo and Turkey non-stop. The Guipavas airport authorities have found a record of this flight; they told Le Figaro that, according to information given by the crew, they were the only ones on board that day. After Brest, the aircraft set off for Rome for another stopover. Another flight by an aircraft known to have been used by the CIA occurred 20 July 2005: Gulfstream III, with the serial number N50BH, landed at Paris Le Bourget airport at 1922 hours, from Oslo Gardemoein, according to the Norwegian daily, Ny Tid. At the Paris airport, US government aircraft are generally received by Aeroservices, which is located near the Air and Space Museum, but it is likely that this jet was received by a service company based in a more discreet area. The aircraft also landed 10 times in Canada and six times in Guantanamo. It is a twin-engine jet capable of crossing the Atlantic without stopovers and it belongs to a New York firm. It entrusts its management to RSVPair, which leases it for 4,550 dollars an hour. Overflights and even stopovers by so-called "CIA" aircraft can take place without the knowledge of France's official services. A private aircraft arriving from outside the Schengen space can pass freely, as long as it produces a flight plan. The flight plan, a technical document addressed primarily to air traffic control but also communicated to the border police and customs authorities, shows the registration number of the aircraft, its speed, altitude, itinerary and range. It shows only the number of passengers. The identity and passport numbers of the passengers are recorded on the "passport manifest", a list filled out when the flight is outside the Schengen space. It is likely that several CIA flights passed anonymously through France, and other European countries, and that almost 20 different aircraft were used.
Canadian security authorities are also investigating this Learjet's comings and goings. This stopover on the coast of Brittany was probably necessitated by the limited range of this twin-engine 6/8 seater, which cannot fly between Guantanamo and Turkey non-stop. The Guipavas airport authorities have found a record of this flight; they told Le Figaro that, according to information given by the crew, they were the only ones on board that day. After Brest, the aircraft set off for Rome for another stopover.
Another flight by an aircraft known to have been used by the CIA occurred 20 July 2005: Gulfstream III, with the serial number N50BH, landed at Paris Le Bourget airport at 1922 hours, from Oslo Gardemoein, according to the Norwegian daily, Ny Tid. At the Paris airport, US government aircraft are generally received by Aeroservices, which is located near the Air and Space Museum, but it is likely that this jet was received by a service company based in a more discreet area.
The aircraft also landed 10 times in Canada and six times in Guantanamo. It is a twin-engine jet capable of crossing the Atlantic without stopovers and it belongs to a New York firm. It entrusts its management to RSVPair, which leases it for 4,550 dollars an hour.
Overflights and even stopovers by so-called "CIA" aircraft can take place without the knowledge of France's official services. A private aircraft arriving from outside the Schengen space can pass freely, as long as it produces a flight plan. The flight plan, a technical document addressed primarily to air traffic control but also communicated to the border police and customs authorities, shows the registration number of the aircraft, its speed, altitude, itinerary and range. It shows only the number of passengers. The identity and passport numbers of the passengers are recorded on the "passport manifest", a list filled out when the flight is outside the Schengen space. It is likely that several CIA flights passed anonymously through France, and other European countries, and that almost 20 different aircraft were used.
'Impossible position' Allegations have potential to damage Europe as well as America While the US will continue to face questions about whether secret prisons exist, European governments will also be pressed on how much they knew. The US assertion that it respects the sovereignty of other nations suggests that it would have informed their allies of their activities - at least to some extent. Tom Malinowski, Washington-based Advocacy Director of Human Rights Watch, says Ms Rice is in an impossible position. Mr Malinowski says she cannot confirm the allegations because they are true, and she cannot deny them because that would put European allies in an extremely difficult position. He also questions the wisdom of the European Commission to threaten sanctions against any country that may have housed secret prisons. In his view, the EU should be doing the opposite - encouraging members states to come clean. 'The biggest loser' But it is the US and its image that will suffer the most. US reassurances that it does not allow the torture of prisoners will count for little if no-one can see what is really going on.
Allegations have potential to damage Europe as well as America
While the US will continue to face questions about whether secret prisons exist, European governments will also be pressed on how much they knew.
The US assertion that it respects the sovereignty of other nations suggests that it would have informed their allies of their activities - at least to some extent.
Tom Malinowski, Washington-based Advocacy Director of Human Rights Watch, says Ms Rice is in an impossible position.
Mr Malinowski says she cannot confirm the allegations because they are true, and she cannot deny them because that would put European allies in an extremely difficult position.
He also questions the wisdom of the European Commission to threaten sanctions against any country that may have housed secret prisons.
In his view, the EU should be doing the opposite - encouraging members states to come clean.
'The biggest loser'
But it is the US and its image that will suffer the most.
US reassurances that it does not allow the torture of prisoners will count for little if no-one can see what is really going on.
That said, what is nothing short of amazing is that confirming the allegations would not put her or the Bush administration in a difficult position, but the Europeans. This means HRW does not think any serious domestic political consequences for the Bush administration will come from this. And that is amazing. tens of millions of people stand to see their lives ruined because the bureaucrats at the ECB don't understand introductory economics -- Dean Baker
She cannot confirm them, because they are illegal, and she would thus be guilty of a crime if she admitted to (knowing about) it.
She cannot deny it because it would prove to us Europeans that the Americans can lie to our representatives without fear of consequences.
This is really what this is about. Legal fall out in the US, and political fall out in Europe. In the long run, we're all dead. John Maynard Keynes