Friday, February 26, 2010 

Paragraph 168 and all that.

It's been a week of non-denial denials, as well as some especially flagrant lies in the shape of Gordon Brown's curious failure to remember unleashing "the forces of hell" against his chancellor after he made the mistake of being too honest with an interviewer. Kindly, they've saved the best until last, with the trifecta of prime minister, home secretary and foreign secretary all uniting in defending those poor, unable to answer back protectors of the realm in the security services:

"We totally reject any suggestion that the security services have a systemic problem in respecting human rights. We wholly reject too that they have any interest in suppressing or withholding information from ministers or the courts."


"It is the nature of the work of the intelligence services that they cannot defend themselves against many of the allegations that have been made. But I can - and I have every confidence that their work does not undermine the principles and values that are the best guarantee of our future security."


It's instructive that all three of these statements, in response to the full disclosure of paragraph 168 of the "seven paragraphs" ruling, only talk in the present tense. Is anyone actually suggesting that the security services now have a systemic problem in respecting human rights? It's been clear that both MI5 and 6 have somewhat changed their ways as a result of the allegations made against them involving both complicity in torture and rendition, helped along by the fact that to a certain extent the CIA has also moderated its behaviour. Alan Johnson's second sentence is worded equally carefully - while Lord Neuberger suggests that David Miliband was misled by MI5 when he issued the public interest immunity certificates put before the court, the main allegation made by Neuberger is that MI5 lied to the Intelligence and Security Committee when they told it in March 2005 that "they operated a culture that respected human rights and that coercive interrogation techniques were alien to the Services' general ethics, methodology and training" while they also "denied that [they] knew of any ill-treatment of detainees interviewed by them whilst detained by or on behalf of the [US] Government". The ISC contains no serving ministers, and no one has claimed that the security services have suppressed or withheld evidence from the courts.

Likewise, as asinine as Brown's claim is that the security services cannot defend themselves, somewhat contradicted by Jonathan Evans' moon-lighting as a Telegraph columnist, why shouldn't he have "every confidence" that their work doesn't undermine "the principles and values" that keep us safe? After all, the new guidelines under which MI5 and 6 are meant to work, which explicitly forbid any complicity in mistreatment have been in place now for some time, and there's been no indication as yet that they aren't being followed. We aren't talking about the here and now however, we're talking about what the security services did, which Brown, Miliband and Johnson strangely don't seem to want to discuss. It would be nice, for instance, for Miliband to comment on whether he was misled by MI5 as Neuberger suggests he was, something which he inexplicably declined to mention in an otherwise lengthy tête-a-tête with a BBC journalist.

The other defence of the security services, and with it the ISC, is that they weren't lying in 2005 when they told the committee the lines stated above as they didn't then apparently know about all the additional documents and information which were only found at a later date once the courts were involved. This is errant nonsense of the most obfuscatory kind. Two years later the ISC was told by Eliza Manningham-Buller (or Bullshitter, as only I call her), then head of MI5, that it was "regrettable that assurances regarding proper treatment of detainees were not sought from the Americans" in Binyam Mohamed's case, despite knowing full well, as the seven paragraphs show, that he was already being tortured before "Witness B" went to interview him. These documents were withheld for the very reason that they directly contradicted what MI5 had told and continued to tell the committee, right up until it was no longer legally possible to pretend otherwise. Miliband, Brown and Johnson are defending the indefensible, and they know it. The only question remains is whether ministers themselves were kept in the dark by the security services in a similar fashion until plausible deniability was no longer an option. The only way we'll find that out is through a judicial inquiry, something that both ministers and the security services will resist with every fibre of their being.

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Friday, February 12, 2010 

The seven paragraphs fallout continues.

It's not very often that you see the British state act in such apparent unison as it has over the last couple of days. It's reminiscent of the behaviour of a dog or a child that knows it's done something wrong but carries on acting belligerently regardless, hoping that by doing so you'll concentrate on the reaction rather than the initial offence. In what was almost certainly a carefully choreographed move, we've had the home and foreign secretaries both writing to newspapers to complain bitterly that they dared to report what their chief legal Rottweiler almost ordered a judge not to write in his ruling, while over in the Telegraph Jonathan Evans himself makes a rare appearance in customary obfuscatory spook fashion, suggesting that not only this could all be part of a propaganda war but that also we seem to be indulging in "conspiracy theories and caricature".

You could be forgiven for thinking that the government and intelligence agencies were worried by such unpleasant but also undeniable insights into how they have in the recent past operated against their own citizens and residents. Surely though, it must all be part of an over active imagination. Clearly, slurs and "ludicrous lies" are being told about the organisations that are working as we speak to keep us safe from those who would do every single one of us harm. When Jonathan Evans says, "[W]e did not practise mistreatment or torture then and do not do so now, nor do we collude in torture or encourage others to torture on our behalf", then who are we to disagree?

It doesn't seem to matter that at every single step of the way, from the first investigations into what has become known as "extraordinary rendition", which were the work of newspapers and investigative journalists, not as Evans seems to claim, "taken from our own records", all the way now up to the allegations made in parliament by David Davis concerning the almost outsourcing of torture in the case of Rangzieb Ahmed, that both the government and the security services have denied being involved either in torture or being complicit in its use. Try to spot the difference between what Jack Straw told the Foreign Affairs committee back in 2005 and the denials of everything that have poured forth today:

Q 23. Unless we all start to believe in conspiracy theories and that the officials are lying, that I am lying, that behind this there is some kind of secret state which is in league with some dark forces in the United States, and also let me say, we believe that Secretary Rice is lying, there simply is no truth in the claims that the United Kingdom has been involved in rendition full stop, because we have not been, and so what on earth a judicial inquiry would start to do I have no idea.

I do not think it would be justified. While we are on this point, Chairman, can I say this? Some of the reports which are given credibility, including one this morning on the Today programme, are in the realms of the fantastic.

Since then we've learned of the use of Diego Garcia for rendition, the cases of Bisher al-Rawi and Jamil el-Banna, who were rendered to Guantanamo after MI6 told the CIA that they were carrying bomb parts when they weren't, of the over 100 different flights which passed through this country which were involved in the rendition programme and of the handing over to the Americans of Iraqi prisoners, who were swiftly taken to Bagram airbase, home of an especially notorious "black site" prison.

At the very heart of this is the continued refusal to accept that the security services knew almost from the very beginning that the US was mistreating prisoners held under the auspices of the "war on terror". In one of the few revealing documents given to the Intelligence and Security Committee in their otherwise worthless investigations into rendition and prisoner mistreatment was a memo from the 11th of January 2001, issued to both MI5 and MI6 officers telling them that they "could not engage in inhumane or degrading treatment of prisoners" but they also had no obligation to stop it from happening. This was after one officer had reported back that the detainee he had interviewed had been tortured by US personnel. Despite this, the ISC completely believed the story it was told by both government and the intelligence agencies that they didn't realise properly what the US was doing until the Abu Ghraib scandal came to light, a point repeated by Jonathan Evans today, that it was "slow to detect the emerging pattern". It had detected it all right, it just did nothing about it until it blew up in the Americans' faces, hoping like they did that they could get away with. Likewise, the ISC considered the fact that MI5 had provided questions to the Americans which were subsequently used while Binyam Mohamed was tortured in Morocco as "regrettable", as was the fact that it hadn't sought assurances that he wouldn't be mistreated. As the seven paragraphs have now made clear, MI5 knew full well that Mohamed was already being tortured, yet it still did nothing to help him and sent on the questions for him to be asked regardless. What is that if not active complicity in torture?

Nick Clegg is close to getting somewhere when he suggests that ministers themselves must have known about this policy of non-involvement but also non-condemnation of ill-treatment. This though is where things start getting truly murky: the Guardian has previously reported that Tony Blair knew, but not until after the Abu Ghraib scandal. This would tie in with the claims of the security services that they couldn't possibly have known about the US policy of mistreatment until then. Perhaps the truth of the matter is that the ministers didn't know, or at least only had an inkling and that the security services had kept it a secret from them up until it was no longer possible to. It's plausible and would also explain just why the security services keep up the ridiculous pretence that they didn't know until then, hence also why both were so outraged when Lord Neuberger claimed that MI5 was unaccountable even to the politicians supposedly in charged, having got far too close to the actuality.

Is that letting them off the hook somewhat, if it turns out to be the case? Certainly. We've known for years about the antics of the intelligence agencies, and especially how in the past they reacted to Labour governments, as well as their infiltration of completely harmless leftist organisations throughout the 70s and 80s, and for the current generation to forget about those scandals is unforgivable. Did even they though imagine that they would become complicit in torture in such a way? They're responsible and accountable, but it could well be that the security services remained even more out of control than us "conspiracy theorists and caricaturists" imagined.

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Thursday, February 11, 2010 

Scum-watch: Whose side are you on?

BenSix has already had a go at the esteemed Con Coughlin for his response to yesterday's ruling by the Court of Appeal concerning the seven paragraphs, but there's another contender for the prize title of "worst journalist in Britain" in the form of whoever wrote today's Sun leader column:

IN Afghanistan, our troops fight al-Qaeda. Here, the battle against the terrorists is undermined by judges.

Except they're not fighting al-Qaida, they're fighting the Taliban and various other insurgents, but who's being picky?

How, pray tell, is the battle against terrorists being undermined by judges? Yesterday's ruling should in practice affect absolutely nothing, as MI5 and MI6 are meant to have already changed their rules when it comes to handling British detainees held by other authorities. Or have they?

That is the ludicrous position we are in after yesterday's ruling over ex-Guantanamo detainee Binyam Mohamed.

Mohamed claims America's CIA tortured him.

America shared information about Mohamed's interrogation with Britain on terms of strict secrecy.

As a refugee here, he used our courts to force details to be released.


The Sun has belittled Mohamed's account of his torture in the past, as well as said that it didn't want him back, along with other various degrees of heartlessness about his treatment. Unfortunately, considering that the American judge Gladys Kessler backed his account of how he was tortured and rendered (PDF), it now seems to be fact rather than anything approaching fiction. It's true that Mohamed is only a resident here rather than a citizen, but that should have no bearing on his access to the courts, especially when it was our security services that were actively involved in his detention. As for this idea of strict secrecy, or the "control principle", as David Miliband described it, when such information contains details which make clear that even residents of this country are being mistreated and that we are complicit in that mistreatment, it stops being need to know and starts becoming an issue of legality, of our international and indeed national obligations.

The liberal judges who backed him have damaged relations with our greatest ally.

If America now decides we cannot be trusted with security secrets, we will be at greater risk from al-Qaeda.



Yes, the statement from the White House that they were "deeply disappointed" with the ruling is bound to set our relations with "our greatest ally" back years. The Americans don't care a fig about this for the simple reason that they've already willingly released far worse information about what they did at the time; they're just for once prepared to go along with Miliband's attempts to block publication most likely as some obscure favour. Even if the Americans suddenly decided to stop sharing intelligence, which they won't, as we give them just as much as they give us, it's still pooled with other intelligence agencies which would. The idea that this will make us less safe, because we've finally found that our security services are liars and blackguards is absurd. If anything, it's likely to make us safer, not less.

The ruling is also a purely political gesture. Mohamed's claims have already been aired in the US.

A purely political gesture? If the Sun really believes that uncovering the true nature of what our security services have been involving themselves is just a "political gesture", then it's even more jaded and dismissive of any abuses of power than ever before. Mohamed's claims were aired in the US which is exactly why there was no "secrecy" and therefore they could be released, and why the arguments made the paper and the government are so bogus.

Our security services deserve support. The war on terror is not a game of lawn tennis.

Yes, they do, don't they? Because being complicit in torture isn't counter-productive at all, and doesn't undermine our values in the slightest. If only we could truly let rip against these jihadists, then maybe the war on terror really would become a game of lawn tennis. It's the liberals and the mad judges that are holding us back!

Whose side are you on, your Lordships?

You're either with us, or you're with the terrorists.

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Wednesday, February 10, 2010 

The seven paragraphs.

Reading the seven paragraphs that have finally been released detailing the CIA's treatment of Binyam Mohamed after today's ruling by the Court of Appeal, it's initially difficult to know quite why the government was so determined that they should remain secret. They tell us absolutely nothing that we didn't already know: that the US was systematically mistreating almost anyone that came into their custody in either Afghanistan or Pakistan; that this was just the start of the torture regime which Binyam Mohamed found himself under; that the CIA, despite the claims of our security services, had been letting them know just what they were doing to individuals connected to this country; and that despite knowing full well that what the CIA was doing to Mohamed at this early stage would breach our obligations under the European Convention of Human Rights, as found during the 1970s when the "five techniques" were outlawed in Northern Ireland, they did absolutely nothing to intervene to stop his mistreatment.

Why then did they appeal, time and again until finally giving up at some point last week to stop these already widely known facts from entering into the public domain? The claims, repeated ad nauseam today that this was all about the "control" principle, that one country does not publish intelligence provided by another without its express permission is wholly unconvincing. Even if it does annoy the CIA and the US that more of their dirty secrets are being thoroughly examined and released by the courts of another country, it's nothing as to what they themselves have already admitted that they did and authorised, such as the Bybee memos and the waterboarding of the few top al-Qaida members whom they managed to capture. Indeed, the only reason why the Court of Appeal decided that seven paragraphs could today be published was that far more gruesome evidence of the torture which Mohamed underwent was released by a US court in a judgement in November of last year. Lord Neuberger quotes from it in his section of today's ruling (paragraph 126):

[Mr Mohamed's] trauma lasted for two long years. During that time, he was physically and psychologically tortured. His genitals were mutilated. He was deprived of sleep and food. He was summarily transported from one prison to another. Captors held him in stress positions for days at a time. He was forced to listen to piercingly loud music and the screams of other prisoners while locked in a pitch-black cell. All the while, he was forced to inculpate himself and others in various plots to imperil Americans.

...

At page 58, she said that "[t]he [US] Government does not challenge or deny the accuracy of [Mr Mohamed's] story of brutal treatment" and repeated that point at pages 62 and 64. On pages 61-2, she said that his "persistence in telling his story" and "very vigorous… and very public ... pursu[ance of] his claims in the British courts" indicated that his evidence was true and "demonstrates his willingness to test the truth of his version of events in both the courts of law and the court of public opinion". In the passage just quoted from page 70 of her Opinion, she referred to Mr Mohamed's "lengthy prior torture" as an established fact.


Compared to the seven paragraphs we have today, it doesn't really get much more damning.

Fortunately, the government, through its staggeringly inept attempts to stop even the slightest criticism of the security services from being made by those mad, unelected, unaccountable judges, has completely given the game away. Having seen the draft judgement, as is usual, the government's QC Jonathan Sumption was presumably ordered to complain about the withering remarks by Lord Neuberger in paragraph 168, which is distinctly unusual. Even more unusual is that Neuberger acquiesced, and withdrew his comments. Worth quoting in full is Sumption's objections:

The Master of the Rolls's observations, to whichever service they relate, are likely to receive more public attention than any other part of the judgments. They will be read as statements by the Court (i) that the Security Service does not in fact operate a culture that respects human rights or abjures participation in coercive interrogation techniques; (ii) that this was in particular true of Witness B whose conduct was in this respect characteristic of the service as a whole ('it appears likely that there were others'); (iii) that officials of the Service deliberately misled the Intelligence and Security Committee on this point; (iv) that this reflects a culture of suppression in its dealings with the Committee, the Foreign Secretary and indirectly the Court, which penetrates the service to such a degree as to undermine any UK government assurances based on the Service's information and advice; and (v) that the Service has an interest in suppressing information which is shared, not by the Foreign Secretary himself (whose good faith is accepted), but by the Foreign Office for which he is responsible.

Neuberger, whether through acute analysis or just searing condemnation, got far too close to the reality of how the security services were acting post-9/11. From repeated accounts of MI5 and 6 officers visiting those held in by either the CIA or the Pakistanis, we already knew that despite being told of how they were being mistreated nothing was done, and that even on some occasions there was total complicity, with questions from the UK authorities being asked while the detainees were undergoing stress techniques and worse. They clearly, as Neuberger identified, had no problem with operating within a culture where human rights were not respected. Most pointedly, he also noted that the security services had deliberately misled the Intelligence and Security Committee. "Deliberately misled" is mild; they lied and lied and lied, all the way up to the very top.

That is though what the security services do for a living - they lie to people, they mislead and they abuse. For a judge to say that the Intelligence and Security Committee is useless, which is what he was more than implying, is far too damaging. For one to imply that the assurances given by MI5 to politicians are worthless, because of their "culture of suppression", is even worse. As Ian Cobain notes in his annotations on the letter sent by Sumption, the courts are in danger of dismissing the reassurances of politicians based on information from MI5 because of its continued pattern of deception. If they'll lie to the politicians that represent them, then it therefore follows that they'll lie to everyone. They therefore then have to be made accountable to someone, and that someone would likely have to be a fully independent, judicial committee, not a parliamentary select committee packed with ex-ministers.

Despite then already being fully aware that the information in the seven paragraphs was already well known, the real reason for wanting them to remain secret was because they show just how out of control our supposedly fully accountable and enlightened defenders of British security actually were and indeed remain. They show that they'll lie not just to the public, but to politicians as well. And despite knowing this, those self-same politicians are far more interested in protecting their own hides than in shining a light on the agencies that colluded in the torture of both British citizens and residents. The sad thing is that they succeeded on the principle, but not on this particularly case, thanks to the same United States which supported the government's attempt to stop the paragraphs being published. That must hurt, but not as much as a fully damning judgement with an unexpurgated paragraph 168 would have done.

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Friday, November 20, 2009 

The war against evidence of torture continues.

How then goes our glorious government's consistent attempts to stop any primary evidence emerging of our collusion in, if not open acceptance of the use of torture when it came to interrogating suspects caught up in TWAT (the war against terror)?

This week brought rulings to please both sides. Yesterday, for the sixth straight time in a row, the high court rejected the claims of the Foreign Office that to reveal seven paragraphs of a CIA memo sent to MI5 and MI6, a memo which almost certainly details the "treatment" which Binyam Mohamed was being subjected to whilst detained in Pakistan, would damage national security and could potentially stop the CIA sharing information with us. This is, as the judges have repeatedly argued, preposterous. According to them, the memo contains no actual secret intelligence, instead rather a summary sent to the intelligence services on Mohamed. What the memo almost certainly does contain though is prima facie evidence that MI5 and MI6 knew years before they previously claimed that the US was either conniving in or actively mistreating prisoners indirectly under their care or supervision.

In the latest ruling, the judges make clear that one of the paragraphs makes reference to the infamous Bybee memo, released by the Obama administration earlier in the year. The Bybee memo details exactly how Abu Zubaydah, then the most senior al-Qaida operative in US custody, could be tortured, supposedly without breaching the prohibition against torture in the United States code. In a section which remains redacted, there is apparently a verbatim quote from the memo: apparently we can't see what the Americans have already released to the world. To infer, it looks as if the memo is justifying, or explaining to the intelligence services in this country, that Mohamed will be or has been treated in a similar fashion, and that because Bybee OKed it, there's nothing to worry about on the legality front.

The real reason then why the government is so determined to keep this memo secret is that it contradicts everything they have maintained over the alleged intelligence service collusion with torture. Not just the government story, but also the story which the intelligence services themselves have continuously thrust down our throats. They told the intelligence and security committee that they only joined together the dots on what the CIA was doing when the Abu Ghraib scandal broke, claiming that despite knowing about the rendition programme, there was "no automatic connection between secret facilities and mistreatment". To call this laughable would be putting it too lightly; that the ISC believed this most blatant of lies, this lack of intellectual curiosity and complete failure to put two and two together is why it ought to be disbanded and a watchdog with real power to monitor the security services immediately set-up in its place.

While however the government will yet again appeal against the high court ruling, they must have been utterly delighted with the one made in the same parish by Mr Justice Silber. On Wednesday he ruled that MI5, MI6 and the police can potentially withhold evidence from defendants and their lawyers in any civil case, if it is determined to be "secret government information" which they seek. As the Binyam Mohamed memo case shows, what can be determined to be "secret government information" is remarkably elastic. Not that MI5, MI6 or the government could decide personally what is secret or isn't, oh no. Instead "special advocates", presumably the same that act for those being held on control orders and who can't be specifically told on what information their movement and rights are being restricted will decide. As Louise Christian complained afterwards, the judge's ruling effectively allows "government to rely on secret evidence in the ordinary civil courts ... a constitutional outrage".

As one window opens slightly, another is slammed shut. Not that is just us and the Americans who have disgraced ourselves: even the Canadians are finding that "the good war" means handing over captives to the Afghan intelligence services, and with it almost certainly into their torture dungeons. Interesting is the way that the Canadians are attacking Richard Colvin's credibility, just as the government has repeatedly done the same against the whistleblowers here. The taint on all of us is going to take an awfully long time to lift.

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Thursday, March 26, 2009 

A police investigation, but how far will it go?

It's difficult to know whether to be surprised at the decision of the Attorney General to refer to the Metropolitan police her concerns that MI5 may have broken the law through its alleged complicity in the torture of Binyam Mohamed, or surprised but at the same time cynical. The manoeuvres last week by the government, announcing that they would publish the guidelines MI5 and 6 would follow when interviewing suspects abroad, that the Intelligence and Security Committee would reinvestigate Mohamed's treatment, and that there would be a new agreement with the Pakistani authorities concerning their treatment of British detainees seemed to be an attempt to bring the embarrassment involving Mohamed's allegations to an abrupt end. Hopes were not raised by the length of time that Baroness Scotland was taking to look into the claims, which themselves arose after the evidence heard in a secret session of the court case involving Mohamed's lawyers' attempts to gain access to documents detailing his detention was felt to be so serious that the "possible criminal wrongdoing" demanded further investigation. Undoubtedly both the government and MI5 would have hoped to have avoided an investigation of any sort; that Scotland has decided that there is a possible case to answer is deserving of praise, especially considering her predecessor's considerable lack of independence from the government.

It will however be prudent to be concerned about just how wide the investigation will be and whether it will get anywhere. At the moment it looks like it may just be investigating the behaviour of "Witness B", the MI5 officer who drew the short straw and was the person who interviewed Mohamed while he was being held in Pakistan, where he was already suffering ill-treatment but was yet to be subjected to the "medieval" torture that he almost certainly suffered in Morocco. It's apparent from other cases that "Witness B" was not the only person to show a worrying lack of concern for detainees' well-being while in Pakistani custody, and the spectre of him being made a scapegoat and left hung out to dry is potentially worse than there being no investigation at all. As the Guardian has established, Mohamed's interrogation by "Witness B" was almost certainly the result of an official policy which had been drawn up by government ministers in conjunction with the security services. This agreement essentially took the "three monkeys" approach: they did nothing that would directly associate them with the ill-treatment that is endemic in Pakistani custody, while also doing nothing to stop it from happening. This was further compounded by how despite claiming to not know where Mohamed had been taken, they supplied information to the Americans which was subsequently used during the "interrogation" sessions in Morocco.

In other words, this potentially goes all the way to the very top. As has been pointed out, the current head of MI5, Jonathan Evans, was in charge of international counter-terrorism at the time. It hardly seems realistic that Knacker of the Yard is going to burst into Thames House and ask Evans to come along quietly, just as it seems doubtful that the spooks will be letting anything incriminating slip into their statements to the police. They can, after all, just like normal suspects, completely refuse to co-operate with the police's inquiries. This is one of the major reasons why there should be an independent judicial review, where evidence, not necessarily in public, would have to be given under oath. Doubtless also the likes of the Sun, which has been shameless in their disbelief concerning Mohamed's treatment, will be squealing tomorrow about how it will be distracting MI5 from their vital work of keeping us safe from those whom would, uh, not think twice about instigating similar methods.

This though is not just about Mohamed, but about how we suddenly decided that complicity with torture, not just of others but our own citizens and residents was acceptable despite knowing full well that torture makes for hopeless "intelligence". Those responsible should be at the least brought to account and made to explain themselves; criminal charges may well be sought, but again they seem unlikely to stick, just as very little concerning the war on terror has stuck to this government. The hope has to be again that today's announced investigation will shed even more light on one of the most shaming events in our recent history.

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Friday, March 20, 2009 

It's not enough.

As it has done repeatedly in the past, the government has done the absolute minimum possible in an attempt to put to an end the increasing embarrassment caused by the continuing allegations of our active collusion in torture. We perhaps ought to be glad that the puny sops of publishing the guidance which the intelligence services have when it comes interrogating suspects, the reinvestigation of the treatment suffered by Binyam Mohamed by the Intelligence and Security Committee, and the promise of a new agreement with Pakistan concerning the arrest of British citizens have been offered at all; Diane Abbott seemed to sum up this government's attitude towards torture when she described ministers rolling their eyes and whispering about it "all being a Daily Mail campaign" when David Cameron unexpectedly brought the subject up at last week's prime minister's questions. These are former members of the likes of Liberty, some of them apparently still members of Amnesty International, dismissing the most brutal torture of innocent individuals as a tabloid campaign which they can just ignore, sigh and complain in private about. It might not win them many votes at the next election, pretending to care about "terrorist suspects" having their fingernails extracted with pliers or their penises repeatedly slashed with razors, but the general attitude towards such allegations still comes across as shockingly apathetic, even callous.

It's very good news therefore that Craig Murray will be called before the joint committee on human rights' parallel investigation into rendition and torture, his first opportunity to put his personal experience of information obtained via torture being used by the UK authorities before parliament. While the JCHR has been ignored repeatedly in the past, whether by MI5 chiefs or more recently by David Miliband and Jacqui Smith, it will at the least put into the open far more forcefully what has already been known but rarely highlighted for years. The same cannot be said for the Intelligence and Security Committee, a more discredited body it's difficult to think of. Its reports are unintentionally hilarious, when they are not absolutely scandalous, thanks to the ridiculous censorship imposed upon them, such as in these recent examples:

Whilst the primary focus is necessarily on international counter-terrorism (ICT) work, the UK's intelligence and security agencies also dedicate resources towards countering the challenges posed by ***, ***, the proliferation of weapons of mass destruction, regional instability in *** and the ***, and other challenges."

• "Top priority" in the UK's requirements for secret intelligence last year was given to seven areas:

• ***;
• ***;
• ***;
• ***;
• ***;
• ***; and
• ***."


And I hate to keep banging on about it, but it was also the ISC in its investigation into extraordinary rendition which decided that their definition of ER was different to everyone else's, thereby helpfully managing to clear the security services of collusion with ER in the case of Jamil el-Banna and Bisher al-Rawi.

As Ian Cobain points out, it used to be claimed that MI5's 11th commandment was "thou shalt not get caught". Now that they almost certainly have been caught, the only way to fully understand what went wrong, how far the policy went and why we actively connived with the torture of our citizens and residents is for there to be a full judicial inquiry. There have been far too many lies told for anything less to be acceptable, and hopefully the admittance at last that there may have been a problem will inexorably lead towards one being granted.

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Monday, March 16, 2009 

Scum-watch: Kavanagh demands Muslims personally apologise to him, and crime confusion.

Almost a week on from the protests in Luton by around 15 Islamists, those out to milk it for all its worth still haven't let go. Today Trevor Kavanagh in the Sun, having previously treated us to Islamophobia in response to accusations of Islamophobia instead introduces us to his amazing knowledge of both the terrorist threat and the Muslim community:

IF you thought public fury over the latest ‘IRA’ atrocities was impressive, wait for the uproar over the next 7/7.

For the jihadists haven’t gone away, either.

They are just furious that a few flint-eyed extremists from the Real IRA and Continuity IRA have beaten them to it.

How does Kavanagh know this? Simple: he doesn't. The jihadists haven't gone away, it's true, and undoubtedly the threat from them is worse than it is from Republican dissidents, but it's also worth bearing in mind that there now hasn't been a major attack foiled since the liquid bomb raids, over two and a half years ago, not counting the dismal failure of the Tiger Tiger and Glasgow airport patio gas canister attacks.

Last week’s Belfast demos involved peace-loving citizens from both sides of the community.

The question is, will we see peace-loving Muslims, preferably some in hijabs, filling the streets of Bradford after the next Islamist outrage?

Most British Muslims are as appalled by violence as the people of Northern Ireland.

Some bravely condemned the Luton fanatics who spat bile at our soldiers as they marched home last week.

But would they turn out in their thousands to denounce another massacre like the London Tube murders?

Unlikely. Yet, if they fail to join other British citizens in publicly expressing disgust, they risk being seen as silent sympathisers.

Kavanagh here doesn't see the flaw in his own argument. He is suggesting that Muslims would be the only ones that wouldn't turn up to denounce a second 7/7 attack, yet there was no response after 7/7 akin to that which we saw last week in Northern Ireland, also unlike the response in Spain to the Madrid attacks there. And why preferably some in hijabs? Because Kavanagh assumes that women wearing them must be more extreme, or more devout? This mirrors Kavanagh's previous comments regarding hijabs, which he described as "provocative", when they are nothing of the sort. Niqabs maybe, hijabs from this secularist's view unpleasant and unnecessary but not "provocative". Kavanagh's remarks that if they fail to live up to what he demands of them they "risk" being seen as "silent sympathisers" could not be more clear: he views them as outsiders unless they distinguish themselves by denouncing something that was not done in their name but by those who claim to share their religion. He wouldn't subject any other group in this country to this sort of treatment; what makes it's acceptable to do it to Muslims?

Not satisfied with this, he then, like the Sun has repeatedly, questions the allegations made by Binyam Mohamed regarding his rendition and torture:

But lying is the default position for Islamists. Which is why we should question Guantanamo inmate Binyam Mohamed’s claim he was tortured by America and hung out to dry by the British.

On balance, I prefer the word of our security services.

The Ethiopian asylum seeker is another ex-druggie convert, deluded by fantasies of Islamic purity in hellholes such as Chechnya and Afghanistan.

Yet we are giving him sanctuary, at huge cost and potential risk.

He is not British. He should be sent home, along with ALL foreign terror advocates who trade off the freedoms they are so determined to destroy.


Except he doesn't claim that it was only Americans that tortured him. His main mistreatment occurred in Morocco, where he was rendered by the Americans (undisputed, as we have the flight logs which showed a trip on the correct date on a plane associated with the rendition programme) and where, as the Intelligence and Security Committee has already said, MI5/6 provided his interrogators with questions which were used while he was tortured. How much evidence does Kavanagh actually want? Does he want to see Mohamed's penis, which was sliced with a razor and still bears the scars? That he has lived here since he was a teenager has no real links to any country other than here is irrelevant to Kavanagh; he should just be thrown out because of his own ideological bias.

Much of the rest is the same old spouting that the Sun has cranked out for years, all without anything approaching proof or anything approaching insight, bringing up the old already disproved idea that it's foreign imams that are brainwashing the youth when in fact the radicalisation process is far more complicated and more to do with groups of like-minded individuals and the internet than simply listening to the sermons of the Qatadas and Hamzas. The new tactic is to quote at length those who have turned their back on radical Islam, even when they themselves are discredited. Shiraz Maher, who produced a report which had the most ridiculous and rigid recommendations for the government when tackling extremism for the think-tank Policy Exchange, discredited over Islam after Newsnight exposed that it had fabricated parts of a previous report is given space, while Ed Husain, more reliable but also unwieldy in what he thinks should be done, unlike his more amenable colleague Majjid Nawaz, also of the Quilliam Foundation, is also given room to voice concern over how Luton didn't turn out to denounce 15 people who weren't even all from the town, despite pictures from mosques on Friday which featured many worshippers condemning the protests.

All of this covers up the fact that the very thing Kavanagh seems to want is in fact just as likely to alienate as it is to unite. Demanding that Muslims as a block denounce something that doesn't in any way represent them is the exact sort of thing that is guaranteed to cause resentment towards a society which is already fearful and sceptical, and in some cases even prejudiced against them. The Sun's entire coverage of terrorism and the war on terror has been conducted in an "us and them" style, completely wedded to the Bush administration's policies on it, and scornful of the alternatives. That this has been counter-productive could not be more plain, yet the paper continues to defend it, ridiculing those tortured and demanding that terror laws be ever further tightened.

Elsewhere, the Sun's leader is typically confused (url will change as usual):

CRIME statistics alone cannot reveal the truth about Broken Britain.

They can be twisted any way the Government likes.

The Tories point to Justice Ministry figures showing convictions for teenage violence and theft doubling since Labour took office.

True, says the Government — but only because we’re bringing more yobs to book.

In fact crime is DOWN by a massive 39 per cent.

Does someone really need to explain to the Sun that just because crime is down that doesn't mean that convictions must also be down? It seems like it. As with Kavanagh, the Sun has already decided what's actually happened: Britain is broken and the government twists the statistics. True, it doesn't help when the government is caught doing just that, such as over the knife crime statistics released late last year, but the Sun itself fell for that and then claimed that no one had believed them anyway. The Sun then launches its own survey:

Crazy, isn’t it? So we must all decide for ourselves.

Today, we report four teenage murders in three days.

Do you think crime levels are lower than in 1997?

Do you feel there are enough police to keep order? That sentences are sufficient deterrent?

Do you think Labour really has been “tough on crime”? Do you feel safer than when they came to power?

We’ll bet the answer, every time, is No.

And the Sun is determined that the answer remains no, as its hysteria over "Broken Britain" and demands for ever more police and prison places continue unabated.

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Friday, February 27, 2009 

Rendition flashback.

Thanks must go to Mr Eugenides for reminding me of a post from 3 years ago which directly accused Jack Straw of lying:

Q 23. Unless we all start to believe in conspiracy theories and that the officials are lying, that I am lying, that behind this there is some kind of secret state which is in league with some dark forces in the United States, and also let me say, we believe that Secretary Rice is lying, there simply is no truth in the claims that the United Kingdom has been involved in rendition full stop, because we have not been, and so what on earth a judicial inquiry would start to do I have no idea.

This was part of his evidence to the Foreign Affairs committee on the 13th of December 2005, six days after a memo had been circulated, subsequently leaked to the New Statesman, that suggested "moving the debate" on about our involvement with rendition. Since then, it's subsequently turned out that we've been fully complicit in both rendition and torture, but it's well worth reminding yourself of just what a bunch of lying cunts some of our leading politicians are.

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Thursday, February 26, 2009 

The rabbit hole deepens.

In the last post on our involvement with extraordinary rendition, I asked just how far this rabbit hole went. It turns out that it goes even deeper with each passing week: the defence secretary John Hutton has now had to admit to parliament that fighters detained in Iraq had been handed to the Americans, who subsequently "rendered" them to Afghanistan, presumably to the notorious Bagram airbase.

Again, this isn't any real genuine surprise. Former SAS soldier Ben Griffin, who was discharged from the army after he refused to return to Iraq, was gagged by court order from revealing just how deep the policy went of turning over prisoners to the Americans, who subsequently sent them to prisons and detention facilities where torture was endemic. He was to claim that "hundreds" had been handed over in this way; Hutton for now, despite apparently referring to Griffin, is only admitting to these two instances, allegedly involving fighters associated with Lashkar-e-Taiba, the Pakistani/Kashmiri group accused of being behind the attacks in Mumbai in November last year.

We ought to be clear: despite the claims that they were only sent to Afghanistan because there were no Pashtu speakers in Iraq to interrogate them, there have been few that have been transferred to Bagram for any other reason than to become acquainted with the "extended questioning regime" practiced there. That the men have not been released and are now entering their fifth year of detention, presumably without any charge or trial or much chance of either, is another detail that was conveninently overlooked.

As the human rights groups are now arguing, the only way to clear this up once and for all is for there to be a independent judicial inquiry, investigating all our alleged links to rendition and illegal treatment of detainees since the beginning of the "war on terror". Investigations by the Intelligence and Security Committee are no longer credible, as their perverse clearing of MI6 of involvement in extraordinary rendition in the case of Bisher al-Rawi and Jamil el-Banna showed. One thing is for sure, and that's there is a lot still to come out. This rabbit hole may well turn out to bottomless.

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Tuesday, February 17, 2009 

How low can we go?

It's quite quickly becoming apparent why the government has been so desperate to prevent the full details coming out regarding the torture of Binyam Mohamed, with it attempting to pass the buck onto the United States, claiming that to release the documents would threaten our intelligence links with that country - the truth now appears to be that we have been directly complicit in the torture of British citizens in Pakistan since after 9/11.

Allegations really don't come much more serious than those being made in today's Guardian, based on the testimony of an MI5 officer during the court case concerning the release of the documents last year. In what appears to amount to a "see no evil, hear no evil, speak no evil" approach, MI5 officers questioned detainees that had been at the least ruffed up and at the worst tortured without expressing any concern for their well-being or bothering with such slight concerns as whether their detention itself was legal. This doesn't seem to have been an ad hoc approach, but rather one which was actively discussed and decided upon by security service lawyers and Whitehall officials. Moreover, in Mohamed's case it appears that MI5 actively cooperated with his rendition to Morocco, or at least knew it was going to happen, where he was brutally tortured, something which it has always denied, although it has previously admitted to giving information to the Americians which was subsequently used during his torture. To top all of this off, David Miliband actively solicited a letter from the US state department which confirmed his claim made to the judges in the case that if the documents were released, the US would stop intelligence cooperation. Miliband then in parliament directly contradicted himself, claiming that the US authorities had done nothing of the sort, which has itself prompted the case to be re-examined.

We did already know that our own intelligence services had been involved in the US programme of "extraordinary rendition", when the CIA helpfully temporarily disposed of Bisher al-Rawi and Jamil el-Banna, former associates of Abu Qutada, who were arrested and taken to Guantanamo after they left the UK for Gambia. We knew from Craig Murray that our government had no qualms whatsoever about using "intelligence" which had its source in the torture of opposition figures in Uzbekistan, and that the same practice was doubtless in place across the globe. These latest revelations though go beyond all that, into direct complicity with the active torture of British subjects and citizens in a third country, with MI5 and the government directly collaborating and discussing how such information should be used and whether it was legal or not. It's little wonder then just how far the government has gone in trying to stop these allegations from coming out: they are the kind which ought to result in instant sackings and resignations, in investigations and inquiries into how and why we decided that torture was fine as long a third party was doing it and those being abused were thought to be involved in terrorist activities. They are due to be investigated by both the parliamentary committee on human rights and the toothless and spineless intelligence and security committee, but neither is likely to get fully to the bottom of what seems to have gone on, and the latter especially has already been involved in a despicable whitewash of our role in rendition.

All this has come at the same time as an interview with the former MI5 head Stella Rimington, in which she warned that the government was directly exploiting and manipulating the terrorist threat in order to restrict civil liberties, a definitive report from the International Committee of Jurists, which investigates how post-9/11 human rights have been abused and sacrified in the name of security and finding terror, as well as making recommendations on how to recover from the current low ebb, and as the government seems to be determined to paint not just Muslims, but anyone with even slightly radical or controversial opinions as potential extremists, not to mention the retrial of the liquid bomb suspects. Anything Rimington says should be treated with caution, not just as an ex-spook but also because she was personally involved in the surveillance and infiltrating of any vaguely radical group during the 1980s, something which was never even close to being justified when most posed about as much threat to the British state as Timmy Mallett, but when a former agent denounces the way civil liberties are being abused, many do pay attention. Likewise, the ICJ report ruthlessly exposes just how low we have sunk in such a short space of time, while the government's latest "counter-terrorism strategy" illustrates vividly New Labour's apparent addiction to demonising those opposed to its own moral and political values rather than engaging and challenging them.

As the Heresiarch argues, we shouldn't kid ourselves that it's only in times of tension that governments and other state organisations try to exert their powers to the limit; it's what they do naturally. It's therefore ludicrous to imagine that an opposition party, however pure their values might be while out of power, would not do much the same once in it in order both to satisfy the traditional demands of the authoritarians and reactionaries in the press and to stay in government itself. It is however equally difficult to believe that the Conservatives or Liberal Democrats could possibly be any worse than Labour has been. How far, after all, does this rabbit hole go? We've had illegal war, complicity in torture and the suspension of habeas corpus. The only thing left for them to do seems to be to go in for targeted assassinations. After all, we've got to get on a level playing field with the Israelis somehow.

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Friday, February 13, 2009 

Scum-watch: More heartlessness over Binyam Mohamed.

The Scum continues its shamefully heartless low-level campaign against Binyam Mohamed returning from Guantanamo:

AN AIR ambulance will bring Guantanamo Bay terror suspect Binyam Mohamed to Britain — at taxpayers’ expense.

Foreign Secretary David Miliband also sent a medic to treat Mohamed, who is on hunger strike.

The Ethiopian — whose right to live in Britain expired five YEARS ago — was set to arrive yesterday, but was too ill.

Perhaps we should charge the doubtless extravagant cost to the United States, considering they were the ones responsible for Mohamed's unlawful detention for the past five years. Suggesting something similar though would expose the Sun's long-term position: that it has never so much as once called for the closure of the Cuban camp and has opposed the return of every single British citizen and resident from there. It even went so far as to sneer at the concern raised about the conditions by comparing what was meted out to Daniel Pearl:

Whilst much of the media huffed and puffed about “bad conditions” in Guantanamo Bay, these very same terrorists were preparing to slit Daniel’s throat.

No Geneva Convention for Daniel. No orange suits in the Cuban sun.

Instead, these evil brutes filmed his murder on video and sent it to the Americans.


Likewise, when Moazzam Begg was returned it printed the following leader column:

IF you live in the Birmingham area, it’s possible you have a new neighbour who turned up in the past few days.

His name is Moazzam Begg and he’s one of the freed Guantanamo Four.

The legal papers on Begg released by the American Justice Department make disturbing reading.

America says Begg has received “extensive” terrorist training in al-Qaeda camps in Afghanistan, including how to use AK-47 rifles and rocket-propelled grenades.

He was armed and prepared to fight American and allied troops, the documents state.

Begg denies this and claims he took his wife and children from Birmingham to Afghanistan to open a school in Kabul.

In a sworn statement, his wife claims they wanted to live in a society that was safe for their family.

Afghanistan, under the rule of the evil Taliban, safer than bringing up children in the Midlands?

Unbelievable, isn’t it?

Almost as unbelievable as the fact that, for political reasons, terrorist suspects are walking our streets.

Not a single one of the returned former Guantanamo detainees has been charged with any offence in this country, nor is there any indication that any have returned to any variety of Islamic militancy. Some might say the Sun is just being cautious, defensive, especially considering how some of them were to find themselves in American custody. Others might be inclined to believe that the paper finds nothing whatsoever wrong with "bad people" being locked up without charge or any chance of a fair trial, and that therefore to return these "bad men" to this good country is an outrage. There is however something astonishingly low about complaining about the cost of sending an air ambulance to care properly for a man who is quite clearly seriously ill, regardless of what he's accused of. Such basic humanity seems to be beyond the Sun's conscience, though:

AN air ambulance and a doctor have been sent by the Government to bring dangerous Guantanamo suspect Binyam Mohamed back to Britain.

Labour say we have no option but to take him back.

But laying on a private jet stinks.

Will they send a Rolls to the airport?

How should we have got him back then? Stuck him on a commercial flight from Havana and let the Sun's fearless journalists quiz the desperately ill man about how he's going to kill us all eventually but to begin with is just going to steal our benefits? The attempt at wit which is asking whether they'll send a Rolls to the airport is beneath contempt; far more likely is that they'll send another ambulance, but to consider that might again cause a few pangs of conscience.

Meanwhile, this is happening:



From the woman they wished would slither back under a rock to "the tragedy we all feared" in just more than 24 months.

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Friday, February 06, 2009 

Scum-watch: Heartless obfuscation.

The Sun has major form in repeatedly playing down the abuses conducted in the name of the "war on terror". In probably the most despicable instance, it called the beating to death of Baha Mousa in Iraq a "so-called crime", even after one soldier had been sentenced to prison for admitting his role in his death. It almost completely ignored the Abu Ghraib scandal, and has printed hardly anything whatsoever about extraordinary rendition. Only a couple of weeks ago it denounced David Miliband for daring to suggest that the use of the phrase "war on terror" had been unhelpful and even counter-productive. It's therefore not much of a surprise to know that it doesn't want Binyam Mohamed, the last British resident at Guantanamo Bay, to return to this country. It's the obfuscation involved in its argument that really rankles:

LET’S concentrate on the undisputed facts about Binyam Mohamed, the Guantanamo terror suspect who claims he was tortured.

FACT: Mohamed, an Ethiopian, sought asylum here in 1994 and was allowed to stay till 2000.

FACT: In 2001, after converting to Islam, he disappeared to the Taliban badlands of Afghanistan, saying it was to kick a drug habit.

FACT: In 2002 he tried TWICE to fly to Britain from Pakistan on a false passport bearing the picture of another man.


To begin with, Mohamed naturally only "claims" that he was tortured. Presumably whoever wrote this leader then assumes that Mohamed, who had his penis repeatedly slashed with a razor while he was in Moroccan custody and has the scars to prove it, something that MI6 has admitted they might have helped with due to their providing information about him to the Americans, did so himself as an alternative to masturbation. Likewise, it's a fact that Mohamed was a resident here, even though he was not an actual citizen. On these grounds David Miliband has already requested his release. Also a fact is that while Mohamed did travel to Afghanistan, although what exactly the "Taliban badlands" are is anyone's guess, he went to Pakistan after 9/11. The last "fact" seems to be completely irrelevant: as long as Mohamed was a resident here and his presence was perfectly legal, that he was travelling on a false passport is neither here nor there.

Now, it is thought, the Government is preparing to let Mohamed return.

Arguments continue about whether his alleged confessions were made under duress by security agents trying to stop terrorist atrocities.


These arguments are only occurring in the Sun's mind: no one else disputes that Mohamed was tortured. Why else was he flown from Pakistan to Morocco, then Afghanistan and finally to Guantanamo if it wasn't for the purpose of extracting information from him through mistreatment? Were these in fact just holiday trips disguised as torture sessions? Similarly, the idea that these were by security agents desperate to stop "terrorist atrocities" is both a joke and a disgraceful semi-justification for what is both a crime and completely counter-productive.

But one fact is certain: We DON’T want him back.

Err, except that isn't a fact: that's a statement. It's also one that shows the true heartlessness of the Sun: this is a man that has been viciously tortured, not convicted of any crime and whose detention and abuse we have connived with, and yet the Sun would still have him turned away from the country which he called home, presumably to waste away as he is currently doing in Guantanamo. The paper, as always, only believes in justice for those it deems acceptable.

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Wednesday, February 04, 2009 

New Labour's moral cowardice and collusion with torture.

With the demise of the Bush administration, some of us were dearly hoping that not just would there be distinct policy changes, but that those who know where the bodies are buried would be quickly into the offices of investigative hacks across the world to lay bear just how deeply involved at the highest levels the Americans were with their client torture regimes. It could yet be the case that instead of going to the likes of Seymour Hersh, they've decided to write books, or that the exposes could be yet to come, but for now it looks as if loyalty is still winning out.

Such loyalty also still seems to be in evidence in our own dead men walking. Yesterday's nauseating press conference between David Miliband and Hillary Clinton, full of deeply unconvincing talk of just how special the special relationship is, if indeed you can consider abusive relationships where one partner is completely domineering over the other to be in any way special, was instructive of just how little the substance has changed. Yes, Obama's signed the papers to close Guantanamo within a year, and the CIA's system of black sites used to additionally hold "terrorist suspects" has gone the same way, but the last thing the administration is interested in doing is actually opening up the books and coming completely clean about how the Bush administration operated and how quickly the Americans went from decrying torture to actively practicing it and colluding even more directly with allies that do the same.

It is however difficult to know for certain whether David Miliband is telling the truth when he claimed to Lord Justice Thomas and Mr Justice Lloyd Jones that if he released documents detailing the treatment of Binyam Mohamed, the last British resident detained at Guantanamo, that the US would in response be forced to withhold intelligence from our own security services. The BBC is reporting that Miliband is claiming there were no threats - just that the confidentiality of the documents meant they could not be released. While doubtless the US would be extremely peeved to say the least about information being released that would confirm they colluded in the torture of Mohamed while he was in Morocco, this still seems unlikely to genuinely stop intelligence sharing: it is after all a two-way street, and besides, such intelligence is pooled between all the major security agencies. Information would continue to go to the French and Germans for instance, who could then still pass it on to us if they were so inclined. This was why the Saudi threat over the BAE corruption inquiry was so unconvincing: even if they stopped sharing intelligence data with us, the Americans would have passed it on.

The comparison with the Serious Fraud Office investigation into the Saudi-BAE slush fund is apposite because of what it tells us about the completely craven nature of our government while at the same time being wholly convenient because it means they can do what they also wanted to do regardless. In both cases, we were and are effectively being blackmailed; Prince Bandar even seemed to be directly threatening us with a terrorist attack if the inquiry into his alleged corrupt behaviour was not stopped. Likewise, the supposed American threat to stop intelligence cooperation means that we don't have to expose our own security services, who have long hilariously claimed to be whiter than white, as the true charlatans and collaborators in torture that they are. It's not even as if we don't already know that we rely on intelligence from foreign countries where torture and worse is routinely used: Craig Murray after all was forced out as ambassador to Uzbekistan after he demanded that MI6 stop using "intelligence" which was the fruit of torture of regime opponents.

Furthermore, the Intelligence and Security Committee has already noted that information which MI6 supplied to the Americans on Binyam Mohamed was almost certainly used in his torture in Morocco. In the usual understated, insulting style with which the ISC deals with such outrages, this was "with hindsight, ... regrettable". The ISC has always been utterly useless, far too weak to even begin to hold the security services to account, but their complete wide-eyed believing that MI5 and MI6 themselves didn't know that the US had been mistreating prisoners until the Abu Ghraib scandal broke was beyond a joke. That the government is suggesting that they should investigate again is the biggest cop-out imaginable, and needs to be vigorously resisted.

For while ostensibly today's ruling was about the United States' involvement in rendition and abuse of prisoners, it was also about our own unhappy role in it. We know full well that other former prisoners at Guantanamo ended up there because of how our own security services acted, just as we know that MI5 and 6 were involved with Binyam Mohamed during his detention in Pakistan, and as is alleged, with others detained in Pakistan who were tortured by the ISI. We're meant to believe that such meetings were social visits, where agents of our security assets were only concerned with how they were being treated, not with further interrogation or to see whether they had been broken by their jailers. While America undoubtedly has the most questions to answer about its tactics in the war on terror, we too have been complicit in the abuses and still refuse to even countenace the release of the slightest insight into just how deep the collusion went, even when a man's future might well be at stake. We might yet have to wait for the fall of New Labour before the Obama adminstration becomes confident enough to air the previous incumbent's dirty linen in public.

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Friday, October 31, 2008 

Rendition comes back to haunt Smith and Miliband.

You may well have missed it, but the government has at long last been forced into holding some sort of an official inquiry into our involvement in the rendition programme. Jacqui Smith has called the attorney general to investigate "criminal wrongdoing" by MI5 in the case of Binyam Mohamed, the last British resident to remain at Guantanamo Bay.

Not that it hasn't done so without kicking and screaming all the way. Smith has been left with little option but to after the series of damning rulings by Lord Justice Thomas and Mr Justice Lloyd Jones, brought about by the suing of the government by Mohamed's lawyers in an attempt to secure the release of documents they say are crucial to Mohamed's defence. Judging by the bitter resistance to doing just this, one really has to wonder what is in the apparent 44 pages of documents.

The US justification for not releasing the documents, in case you couldn't guess, is that doing so would threaten national security. Our own government, for its part, is rehashing the same justification it gave for shutting down the Serious Fraud Office inquiry into the BAE Systems Saudi slush fund: if they were to be released, the US government would stop sharing intelligence with us, which would obviously as a result threaten our national security. Like with the Saudi threat to do the same, it's an empty one: the US needs us as much as we need them.

David Miliband as a result seems to be held over a barrel. The judges have stated that Miliband and the Foreign Office have actually done much to help Mohamed's cause, but then you would also imagine that's the least they could do considering the apparent involvement of MI5 in Mohamed's interrogation. He appears to accept that there is at least an "arguable case" that Mohamed has been tortured and subject to inhuman treatment, but our subservience to the United States means that he has to follow their line of argument. Undoubtedly too he must somewhat fear the release of the documents held by the government: the judges themselves have said that Mohamed's lawyers' claims that the documents are not being handed over because "torturers do not readily hand over evidence of their conduct" cannot be dismissed and deserve an answer.

We should not though imagine that the attorney general's inquiry will lead to anything, especially considering the track record of late. At every stage the government or their supine committees have played down our role in the rendition programme, at times outright lying about our involvement in it. MI5 and MI6 are completely unaccountable organisations, where lies are second nature, and the fact that they may well have already misled MPs over the Mohamed speaks volumes. It will be a very long time indeed before we even begin to start learning the truth about this very greatest of scandals.

Related:
Torture cannot be hidden forever
Contempt of court
High court rules against US and UK

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