Untitled Document
A Swedish immigration lawyer, Kjell Jonsson, was on the phone to a
client, asylum seeker Mohamed al-Zery from Egypt, on the afternoon of 18 December
2001. "Suddenly there was a voice coming in, saying to al-Zery to end the
telephone conversation," Jonsson recalls. "It was the Swedish police,
who had arrested him."
Jonsson had requested the Swedish government to promise that there
would be no quick decision on Zery's application for refugee status: he feared
that Zery would be tortured if sent back to Cairo. But Zery was expelled in
the shortest time that Jonsson had encountered in 30 years of asylum work.
Five hours after the arrest of Zery and another Egyptian, Ahmed Agiza,
both were deported from Stockholm's Bromma airport. It was not revealed for
another two years that there had been a US plane at the airport, plus a team
of US agents who, it has been claimed, picked up the suspects, manacled their
wrists and ankles, dressed them in orange overalls, drugged them, and bundled
them into the plane.
Jonsson said the US team "were wearing black hoods and they had no uniforms;
they were wearing jeans. The Swedish security police described them as very
professional." The whole operation took less than 10 minutes. "It
was obvious that they have done things like this before."
The events, including the presence of the US agents, were kept quiet for months.
But in response to concern in Sweden, its parliament has set up an inquiry and
already released documents that confirm what happened. In one, the head of the
deportation operation with the Swedish security agency, Arne Andersson, said
they had problems obtaining a plane that night and turned to the CIA : "In
the end we accepted an offer from our American friends. . . in getting access
to a plane that had direct over-flight permits over all of Europe and could
do the deportation in a very quick way."
When agreeing to the transfer of the prinoners to Egypt, the Swedish government
had sought and obtained diplomatic assurances that both men would not be tortured
and would receive regular consular visits from Swedish diplomats in Cairo. They
received such visits in jail. The authorities told the Swedish parliament and
a United Nations committee that the prisoners had made no complaints. But they
had right from the first visit, they protested that they had been severely tortured.
Jonsson says Zery was tortured repeatedly for almost two months. "He was
kept in a very cold, very small cell and he was beaten; the most painful torture
was. . . where electrodes were put to all sensitive parts of his body many times,
under surveillance by a medical doctor."
Zery has now been freed, and has not been charged with any crime. But he is
banned from leaving Egypt or from speaking openly about his time in prison.
Agiza remains in an Egyptian prison. His mother, Hamida Shalibai, who has visited
him many times, said in Cairo: "When he arrived in Egypt, they took him,
hooded and handcuffed, to a building. He was led to an underground facility,
going down a staircase. Then, they started interrogation, and torture. As soon
as he was asked a question and he replied, 'I don't know', they would apply
electric shocks to his body, and beat him. . . During the first month of interrogation,
he was naked, and not given any clothes. He almost froze to death."
The confirmation that US agents were involved in the Swedish case provided
the first concrete evidence that smce 9/11 the US has been involved in organising
a worldwide traffic in prisoners. Official and journalistic investigations show
that the US has systematically organised the repatriation of Islamic militants
to countries in the Arab world and East Asia where they can be imprisoned and
interrogated using methods forbidden to US agents. Some call it torture by proxy.
Prisoners have been captured and transported by the US not only from Afghanistan
and Iraq, but from Bosnia, Croatia, Macedonia, Albania, Libya, Sudan, Kenya,
Zambia, Gambia, Pakistan, Indonesia and Malaysia.
The official term, coined by the CIA, is "extraordinary rendition".
No serving US official will discuss it in public. But a former senior official
of the CIA, who left the agency last November, has provided a detailed and candid
explanation. Michael Scheuer, who in the late 1990s headed the unit tasked with
hunting down Osama bin Laden, was interviewed for a BBC Radio programme, File
on Four. He confirmed the Swedish case was part of a much wider system.
Scheuer said the CIA invented rendition because it was ordered by the White
House to deal with al-Qaida but had few options on what to do with terrorists
it captured. "The practice of capturing people and taking them to third
countries arose because the executive branch assigned to us the task of dismantling
and disrupting and detaining terrorist cells and terrorist individuals,"
he said. "And basically, when the CIA came back and said to the policymaker,
where do you want to take them, the answer was - that's your job. And so we
developed this system of assisting countries to capture individuals overseas
and bring them back to the particular country where they are wanted by the legal
system."
Among those at the centre of investigations into rendition is a lawyer at the
Centre for Constitutional Rights, Barbara Olshansky. She is examining modern
cases and how rendition is being justified legally. She believes the US is not
only using third countries to interrogate pnsoners but also its own offshore
jail facilities run and operated by the CIA. She says that for more than 100
years the US seized fugitives outside its jurisdiction to bring them back to
the US to face justice. General Manuel Noriega, the former president of Panama,
was one high-profile example (I). That was ordinary rendition.
After the CIA began to fight al-Qaida, and especially since 9/11, extraordinary
rendition emerged; the prisoner was captured, not for return to the US, but
for transfer elsewhere. "Rendition started in the 1880s," Olshansky
says. "The US would always use any measure to get an individual back to
be tried in front of a court here. . . Now this entire idea has been turned
on its head. We now have extraordinary rendition, which means the US is capturing
people and sending them to countries for interrogation under torture: rendering
people for the purpose of extracting information. There is no planned justice
at the end."
Surprisingly, the CIA and other US agencies often use private executive jets
to transfer prisoners. I obtained the confidential flight logs of a long-range
Gulfstream V jet at the centre of the traffic. Since 2001 the plane has been
to 49 destinations outside the US and has crisscrossed the world. It made frequent
visits to Jordan, Egypt, Saudi Arabia, Morocco and Uzbekistan, all destinations
from where the US has been repatriating prisoners.
The white jet, which has been photographed by plane spotters, has no markmg
except its US civilian registration number, until recently N379P. I have seen
documentary evidence that it was the plane used to fly the Egyptians from Sweden.
In October 2001 witnesses saw it in Karachi, Pakistan, when a group of masked
men deported a terrorist suspect to Jordan.
According to a former covert officer with the CIA, Robert Baer, who has seen
the flight logs, the jet is definitely involved in renditions. "The ultimate
destinations of these flights are places that are involved in torture,"
he says. Baer, who worked for the CIA in the Middle East for 21 years until
he left in the mid-1990s, said such civilian jets were useful to the CIA because
there were no military markings.
"You can run these things out of shelf companies. You can set them up
quickly, dismantle them when they are exposed; you can do it overnight - change
the airplane if you have to. It's fairly standard practice."
Baer says rendition is about more than sending terrorists to be locked up in
prison. Each country has its own value. "If you send a prisoner to Jordan
you get a better interrogation. If you send a prisoner to Egypt you will probably
never see him again; the same with Syria." Countries such as Syria might
seem to be US enemies but remain allies in the secret war against Islamic militancy.
Baer says: "The simple rule in the Middle East is my enemy's enemy is my
friend. . . that's the way it works. All of these countries are suffering in
one way or another from Islamic fundamentalism, militant Islam." For years
the Syrians have offered to work with the US against Islamic militancy. "So
at least until II September these offers were turned down. We generally avoided
the Egyptians and the Syrians because they were so brutal."
Baer believes the CIA has been carrying out renditions for years, but they
became bigger and more systematic after 9/11. He says hundreds of prisoners,
more than were sent to Guantanamo, may have been sent by the US to Middle Eastern
prisons and that 9/11 had "justified scrapping the Geneva Convention"
and was the end of "our rule of law as we knew it in the West".
Some defenders of rendition inside the US administration view its purpose as
the removal of terrorists from the streets. After a terrorist suspect has been
sent back to Egypt, the US takes no interest in- what happens. But the case
of an Australian suspect, Mamdouh Habib, indicates that renditions are also
aimed at collecting in teIligence, which can be extracted with torture, forbidden
to US agents. Habib, a former coffee shop manager trom Sydney, was arrested
in Pakistan, close to the Afghan border, a month after 9/11. He was handed over
to US agents, who flew him to Cairo, where he was tortured for six months, according
to his US lawyer, Professor Joe Margulies, of the MacArthur Justice Centre of
the University of Chicago. Margulies says: "Mr Habib describes routine
beatings.
He was taken into a room and handcuffed and the room was gradually filled with
water until the water was just beneath his chin. Can you imagine the terror
of knowing you can't escape?" On another occasion, he was suspended from
a wall. "His feet rested on a drum with a metal bar through it. And when
they passed an electric current on the drum he got ajolt of electricity and
he had to move his feet, and he was left susended by his hands. And it went
on untill he fainted."
Under this interrogation, Margulies, says, Habib confessed to his involvement
with al-Qaida and readily signed "every document they put in front of him".
He was transferred back to US custody, sent to Afghanistan and then to Guantanamo.
The confessions he signed in Egypt were used against him in military tribunals.
Accordmg to Margulies: "Those combatant status review tribunals relied
on the evidence secured in Egypt as a basis to detain Mr Habib."