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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Monday, August 10, 2009 

Protesting too much about collusion.

One of the more cutting criticisms made by the Joint Committee on Human Rights last week was that while the head of MI5 had no problems in talking to the media, he seemed to regard it as an unacceptable chore to have to appear in front of a few jumped-up parliamentarians. Yesterday the head of MI6, "Sir" John Scarlett appeared on a Radio 4 documentary into the Secret Intelligence Service, where he naturally denied that MI6 had ever so much as hurt a hair on anyone's head, or more or less the equivalent, as Spy Blog sets out.

This would of course be the same MI6 that passed on information to the CIA regarding Bisher al-Rawi and Jamil el-Banna which resulted in their arrest in Gambia and subsequent rendition to Guantanamo Bay, and indeed the same MI6 which along with MI5 interviewed Binyam Mohamed while he was being detained in Pakistan, where we now know he was being tortured. The Intelligence and Security Committee noted even in their whitewash report into rendition that MI6 had likely given information to the Americans which was subsequently used in his mistreatment whilst in Morocco. We've since learned that "Witness B", an MI5 officer, also visited Morocco on a couple of occasions while Mohamed was being held there, even further heightening suspicions of direct collusion in his torture.

Those two others who declined to appear before the JCHR were David Miliband and Alan Johnson, who also seem to prefer talking to the media than having to face the chore of sitting before a committee with something approaching independence. Their article in the Sunday Telegraph, responding to the report's claims was one of those wonderful pieces of writing which condemns everything, states the obvious whilst not contradicting any of the specific allegations of collusion. It's the lady protesting too much: no one said, as they do, that the security and intelligence services operate without control and oversight; indeed, it's been quite clear that ministers have known from the very beginning just what the intelligence services have been getting up to, they've just denied and denied and denied it until finally forced to admit to specific allegations, like that two men were rendered through Diego Garcia despite previously repeatedly denying it. They've in fact just admitted that they are personally accountable for what MI5 and MI6 officers get up, so we'll know who should be prosecuted should collusion be revealed, and it's difficult to believe that at some point it won't be.

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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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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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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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Wednesday, July 30, 2008 

The Miliband tendency.

This was probably one of those days when the great British public, those who aren't sunning themselves or wisely ignoring the news completely, find themselves remarkably disengaged by just how insular and geeky political reporting and machinations are. The government's foreign minister writes an article for an national newspaper. Article is deeply average, but because there's not a lot of news around and because the media are desperately looking for evidence of a plot to unseat the Supreme Leader, article is bigged up until it is most certainly the setting out of a stall for a leadership bid. Pandemonium breaks out on the streets as the country tries to take in the massive implications of this latest development. The law lords ruling on the dropping of the SFO inquiry into the BAE slush fund for comparison, unless I missed it, didn't even make it onto the News at 10 on the BBC.

Admittedly, the said article doesn't so much as mention Gordon Brown, and the press conference this afternoon with Miliband himself fending off question after question about its provenance will have done nothing whatsoever to reassure Brown himself of Miliband's true intentions. Jeremy Corbyn probably accurately summed it up, saying:

"Look at the timing, and look at the article itself. We are right at the start of the holiday season, and it is hardly a deep and thoughtful essay."

To which you can only reply, quite. For if this is Miliband's unofficial start to his own leadership campaign, it's certainly a deeply underwhelming one. There is not that much that is startlingly wrong with it; there just isn't anything that's spectacularly brilliant about it.

In fact, its contents can be summed up thus: we [New Labour] must not assume that we've already lost, even if the polls show that we're going to be annihilated; we must stop boasting about how brilliant we've been, but nonetheless all our wonderful success occurred under our former leader, Mr Blair, who I just happened to advise until I became an MP; even though I've just said that we must stop boasting about how brilliant we are, that Mr Cameron's wrong about us being a broken society because look how crime's dropped and how all these other things for which I haven't provided evidence for have dropped since we entered power; now, that Thatcher, she was pretty good wasn't she, inspired Mr Blair, and both of them were radicals while Mr Cameron is just a lightweight; Cameron, he hasn't got any policies, except for ones fairly similar to our own, and highly reminiscent of how we won in 97, decontaminating his brand whilst being suitably vague; that's enough Tory bashing for the moment, now we have to prepare for the upturn even though the downturn still hasn't hit properly yet; something about the public services; The Tories just don't get it do they?; oh, and finally we won by offering real change, change which our current leader isn't offering, so get ready to vote for me instead!

It's hardly Kennedy, is it? Not sub-par Obama class, even. Miliband does, it must be said, deserve credit for finally saying something against Cameron and their broken society nonsense, but it's nowhere near strong enough, nowhere nearly powerfully argued enough, and without any real background to emphasise the point. He's also right that the Tory belief that everything can be magically solved by either involving the voluntary sector or the private sector is completely unrealistic, but it gets lost in the general weakness of the argument. If this is the best that Labour has to offer, it's hardly going to cause Cameron to lose any sleep.

In any case, Miliband isn't going to win the leadership through fighting the Tories, if that is of course what this is the opening salvo of. He'll do that only through making the case that he can learn the lessons of the Blair and Brown years, the mistakes and the successes, and at the moment he only seems to have taken the positives from the Blair era and the negatives from the Brown era. As undoubtedly a Blairite and not a Brownite, that isn't surprising, but if there is one thing that Labour needs, it's someone who can either unite both wings, or can tell one wing once and for all that they can go and swivel, and if they like being right-wing so much, they can join the Tories and reign in perpetuity if they so wish.

Also more than apparent is that Labour continue to underestimate both Cameron and the Conservative resurgence. As addressed previously, for a while you could call Cameron a shallow salesman without any policies, but it simply isn't accurate any longer and just won't wash. Miliband is wise enough to realise that the attack has to be harder, but he doesn't seem to have recognised yet exactly what the Conservatives are doing, which is bizarre, because it's exactly what Labour was doing in the run-up to 97, when Miliband was none other than Blair's head of policy. Despite my dismissal of it last year, I've been devouring the Alastair Campbell diaries (which sums up just how sad I am, really), and what you can instantly note is that either Coulson or someone in the Tory camp has been taking notes right from it. The difference is that unlike New Labour, the Tories, rather than being positive, as they were with "things can only get better," Britain deserves better and other vacuous soundbites which didn't do down the country but rather the party of government, has decided to be negative but still keep with the same overall message. Britian is broken, things are pretty grim, but the Conservatives, rather than the washed-up and out of ideas Labour party are the only ones that can fix it. The New Labour victory was built, exactly as Cameron is doing now, on "decontaminating the brand", which came through Clause 4 and removing almost anything truly out and out left-wing from the agenda. The Tories are doing the same, but are throwing out the right-wing message now because they're confident enough that they'll win in any case.

There, for all to see, is Labour's biggest failure, and also its betrayal. In being so desperate to win, they abandoned their core and are now reaping what they sowed. The Conservatives, realising what they did wrong, have learned from that mistake. First make yourself electable, but don't become so obsessed in doing so that you forget what you're actually for. Miliband is right in one thing, which is that it is still feasibly possible, if remote, that Labour can win the next election. It'll just take far more courage and real change, not just the phony change so far offered by both himself and Brown, for that to happen.

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Wednesday, March 26, 2008 

Just how long exactly is this piece of string?

And 18 months later, it still isn't.

139 Labour MPs voted against the war in Iraq. Some of those who voted against that night have either left parliament or lost their seats since then, but even so you would have expected a higher figure to have rebelled than the number who ultimately supported the Conservative motion for an immediate inquiry into the war last night: just 12 bothered to do so, most of them members of the usual "awkward squad".

Reading the debate on TheyWorkForYou, it's easy to see why. While on that night five years ago party politics was mostly eschewed, except perhaps on the Conservative side, yesterday's debate was almost a summation of everything that is wrong with parliament. Each side, and every political party, with the exception perhaps of the nationalists, was blowing their own trumpet or falling back entirely on blaming the other side for their reasons for either voting for or against.

William Hague, opening the debate for the Conservatives makes a valiant effort and it's easy to see why he's such an assured parliamentarian whose time with the Conservatives still might come again. The case for an inquiry now is simple: the government itself has promised one, with its single argument being that it's "time is not now". This has been its position for 18 months, since the execrable Margaret Beckett made the self-same arguments that David Miliband made yesterday. An inquiry cannot apparently be held now for four reasons, or rather, the Conservative amendment deserved to be defeated because: the government has promised an inquiry but "now is not the time"; because the armed forces are still involved in "important operations" and these "important operations" are not as limited as the opposition parties make out; that despite the other parties suggesting that important lessons are to be learned from an inquiry, something that the government apparently agrees with as it also wants an inquiry, just not one now, the military has been learning "on the job"; and finally that memories will not fade and emails won't be lost because there have already been four inquires into the Iraq war and so apparently most of the material that will be gone over in an eventual inquiry is already available.

You have to give credit to Miliband: for someone who apparently secretly held anti-war views, he sure can talk bollocks at length in the chamber in an ultimately successful attempt to stop the perfidious Conservatives from opportunistically whacking Labour about over Iraq. That, in a nutshell, is the real government argument against an inquiry now, and one which some unsubtle MPs even made directly against the Conservatives. All four of Miliband's arguments are completely spurious: the first on the basis that this inquiry will if the government has its way never happen, especially as there continues to be no end in sight to the occupation whatsoever; the second, breathtakingly, for the exact opposite reason that Miliband states, concerning the uprising in Basra, where our troops are not involved, showing just deep these important operations actually go; the third, the idea being that the military has learned on the job is valid if you consider that there haven't been any abuse scandals since the early days of the war, when it's actually always been the government itself and its complete lack of influence over the American policy which really needs to be answered for; and the last is utterly redundant because up until recently the government was arguing against any further inquiries because the four themselves had been wholly sufficient!

To be fair to some of the MPs, they make all these points and more along the way, repeatedly interrupting Miliband and his pathetic justifications. The real rhetorical gymnastics was being performed by the loyalist Labour backbenchers who want an inquiry but have no intentions of letting the Tories be the ones who take the credit for forcing one; hence why Mike Gapes and others have stood up and said they won't support an inquiry that doesn't also look back over the decades and examine policy over Iraq since Domesday. This enables them to whack the Tories over their arming and courting of Saddam whilst meaning that they can still profess to support an inquiry in principle, just not a Conservative one. That such an inquiry would be potentially as endless as the Bloody Sunday fiasco, and that it would take years before anything was actually published, let alone any lessons learned doesn't seem to matter to the loyalists while it allows them to oppose the Conservatives. It's difficult to agree with Michael Howard, but the Scott Inquiry, limited as that was, has dealt with the arms-to-Iraq scandal for now; it's ridiculous to dredge that up again when what is of real concern is what happened from 2001 up until the present day. What it does allow is for the Labour loyalists who actually want an inquiry but don't want to damage the government any further at the moment to keep a clean conscience. Forget about learning from the mistakes of the past, what's more important and what always will be more important is the party's public standing, rock bottom as it deservedly is.

It seems remarkable that it's the Conservatives, by far the most gung-ho for war that now have the clearest and cleanest reasons for calling for an inquiry. While it is undoubtedly opportunistic and a further attempt to damage the government, it's also clear that Hague, if not the other smirking brats on the front bench, genuinely believes there needs to be one, as do the other Tory old guard that are now being squeezed out, such as Ken Clarke and Malcolm Rifkind. At least those two can reasonably claim that they opposed the war from the outset, as the Liberal Democrats can, but the Lib Dems have muddied their influence by now harping on about how the Conservatives provided the government with its mandate for the war. This is a reasonable enough point, but it's time to move beyond the finger jabbing and who was wrong and who was right and instead use this to ensure that nothing so calamitous both for this country and especially for Iraq itself is allowed to happen again. Towards their short-term gain, the Lib Dems have thusly launched holdthemtoaccount.com, which is something that should have been done in previous elections and in some cases indeed was. To still be going on about holding individual MPs to account in 2008 is ridiculous and far, far more opportunistic than the Conservatives themselves are being. That they're doing this because the Lib Dems' one sole-memorable policy after the abolition of their 10p on the top rate of tax for those earning over £100,000, apart from perhaps Vince Cable's prescience over Northern Rock, is their opposition to the war ought to consign it the dustbin of political gimmicks.

The whole debate was, and as parliament increasingly seems to be, a complete waste of time and effort. While America has held inquiry after inquiry into the war even while over 100,000 of their troops remain in action, all without damaging their morale or their ability to fight effectively, we're left with all the main political parties squabbling amongst themselves while the blood and treasure continue to be spent. We're left in the age-old position of wondering just how long a piece of string really is, the answer being, as always, that it's as long as you want it to be. Like others, I reason that a Labour government, on the whole, will always be better than a Conservative one. That doesn't mean however that when these obscurantist, lying, two-faced time-wasters are deservedly thrown out of office that I won't be one of those cheering from the rooftops. Those 12 MPs that voted for the Conservative amendment therefore deserve the praise and final mention in this post.

The 12 Labour MPs who supported Conservative calls for a full-scale inquiry were:

  • Harry Cohen (Leyton & Wanstead)
  • Jeremy Corbyn (Islington North)
  • Mark Fisher (Stoke-on-Trent Central)
  • Paul Flynn (Newport West)
  • Kelvin Hopkins (Luton North)
  • Lynne Jones (Birmingham Selly Oak)
  • John McDonnell (Hayes and Harlington)
  • Bob Marshall-Andrews (Medway)
  • Gordon Prentice (Pendle)
  • Linda Riordan (Halifax)
  • Alan Simpson (Nottingham South)
  • Sir Peter Soulsby (Leicester South)
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    Thursday, February 21, 2008 

    Rendition: the truth begins to seep out.

    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.
    Oral evidence given by Jack Straw to the Foreign Affairs committee on 13th of December 2005.

    To those who lived there, it was a paradise. Living purely off the land, the islanders, despite having no modern amenities, had an incredibly tranquil existence. That was until their island was considered as the prime location to be leased to the US military for a naval base, as another island was considered unsuitable because it was home to the rare Aldabra tortoise. The deal was signed, and the Americans requested that the island be "depopulated" for security reasons. The 2,000 inhabitants of Diego Garcia had their island invaded, their dogs shot and then they themselves were finally rounded up and taken to Mauritius, where they were subsequently dumped. The compensation they were given, which amounted to £400 each, was paid directly to the Mauritius government for them to be re-settled. They instead pocketed the money and denied that they had any right to do so. Most still live in hovels and the most severe poverty as a result.

    All of this occurred under a Labour government, and it is undoubtedly one of the most despicable and shameful scandals in British history. Even now, despite numerous court rulings, the government refuses to allow them to return to their home, which has been taken over by a monolithic American base from which planes bombed Iraq. They seem to be hoping that those originally displaced that didn't commit suicide in the first place will die, and then be able to claim their children have no right whatsoever to return.

    It almost seems fitting that a second scandal, also involving a Labour government, has now also come along concerning Diego Garcia. In a pathetic statement to the House of Commons, David Miliband today admitted that despite all their furious denials, despite the abundant evidence that flights linked to the US rendition program had landed here to at the least refuel, despite MI6 being involved in the rendition of Bisher al-Rawi and Jamil el-Banna to Guantanamo Bay, that evidence has now emerged that rendition flights had indeed landed on UK territory without the US asking for prior permission. Two flights in 2002 refuelled on Diego Garcia, carrying two unfortunates who according to the CIA, who have not told the truth once about the rendition program without being forced to, were not part of the "CIA's high-value terrorist interrogation program" but who nonetheless were taken to Guantanamo Bay and to Morocco respectively. Presumably the one lucky enough to be taken to Morocco was flown there so he could sample the local culture and high quality hashish, and not so he could be tortured like Binyam Mohammed was in the luxury of Moroccan custody. (Newsnight alleges that the plane used to transfer the detainee to Morocco was N397P, a CIA jet that has landed at UK airports on numerous occasions.)

    The CIA has denied that Diego Garcia has served as one of the "black sites" where those in the rendition program were taken to be tortured so that the CIA didn't personally get its hands dirty. This is despite Barry McCaffrey, a former four-star US general on a number of occasions stating that prisoners are being held on Diego Garcia, as well as in other five-star US hotels such as Bagram airbase and numerous sites in Iraq, not to mention Gitmo itself.

    The Guardian reported last October that the foreign affairs committee was to investigate claims that Garcia had a black site prison, but the revelation today seems to have come about because of the dogged attempts by the all party parliamentary group on extraordinary rendition, led by the tenacious Tory MP Andrew Tyrie, who had used the freedom of information act to request the minutes of political military talks between the US and UK in September last, a claim denied by the government who said that to release such information "would prejudice the defence" of territory by "exposing plans to counter possible terrorist attacks". Instead, they and the US seem to have decided to try and buy the committee off by admitting that rendition flights did use Diego Garcia, but that the island itself is not being used to hold any detainees themselves.

    All those involved then are either "sorry" or "regret" this "unfortunate" happening. Never mind that from the very beginning this government has either directly lied, misled or tried to move the debate on when questioned about rendition flights. Jack Straw tried to tell us it was all a conspiracy theory, and from then on they've feigned ignorance at every turn. Andrew Tyrie has described it as "obfuscation and cover-up", and that seems bang on. They've done the very bare minimum from the very beginning in trying to placate critics, refusing to hold anything approaching a proper inquiry, failing to engage with EU-led efforts to investigate the rendition program and not asking of the US even the slightest of searching questions about what the planes linked to the rendition program were doing stopping over at our airports. Miliband now states that he'll compile a list of all said flights concerns have been expressed over and ask the US whether they too have been conveniently forgotten about. It screams of a government being desperate to wait until the initial disquiet and questioning was over before releasing the unsavoury reality. The real question is why they didn't do that as soon as the allegations were raised, with there being no evidence whatsoever that the government even asked the US whether the flights were anything other than kosher. They simply accepted that the US would have asked first before doing so, something now proved to be of the greatest gullibility and naivete. It of course helps that today most of the media are going to be more interested in the conviction of Steve Wright, and then there's also the other whitewash of the day, the inquiry into the bugging of Sadiq Khan.

    This is of course from a government that has repeatedly condemned Guantanamo in various terms, most memorably as "an affront to justice". This same government has been complicit in that affront to justice, complicit in the torture of the various individuals caught up in the rendition program, many of whom have never been found guilty of any offence, let alone the "terrorism" which they are accused of being involved in. Indeed, one of those who was rendered through Diego Garcia has now been released, presumably without any compensation and most likely scarred irrevocably by their experience, living in constant fear of their life and without the slightest idea whether they will ever be released, or even put before the "military tribunals" now being set-up to try the most notorious of those held as "enemy combatants". This, as I've written before, ought to be a front-page scandal. Ministers should have resigned. A full judicial inquiry ought to have been set-up to examine not just ministerial complicity, but also security service involvement. Instead we had the whitewash provided by the Intelligence and Security committee. How deeply sad that the Chaggosians, who were treated as more expendable than animals, now know that they were not the only ones to abused in such a way on their paradise home.

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