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June 8th, 2007 - European Report Addresses CIA Sites

News article by Washington Post

News article by the New York Times

Summary of CIA Kidnappings and Detentions in Europe

European Report Addresses CIA Sites

Prisons in Poland, Romania, It Says

 

By Molly Moore and Julie Tate

Washington Post

Friday, June 8, 2007; 8:52 AM

 

Paris, June 8 - A European investigator said he has "factually established" that Poland and Romania allowed the CIA to operate secret prisons where alleged al-Qaeda operatives were detained and interrogated, according to documents presented Friday to Europe's official human rights organization.

 

Dick Marty, a Swiss lawyer for the Council of Europe, the continent's human rights agency, said detainees who were considered "especially sensitive" were incarcerated in Poland and those believed "to be less important were held in Romania," the documents said.

 

The documents, released on Friday by the council, include the cover letter and explanatory note of a report Marty has drafted, as well as a related draft resolution to be proposed to the council. A council committee approved Marty's report on Friday, clearing it for discussion by the full body.

 

The documents did not provide details of the evidence Marty used to verify the participation of Poland and Romania in the covert CIA program. But a press release from the council said the conclusions were based on "cross-referenced testimonies" of 30 current and former intelligence officials in the U.S. and Europe, and analysis of computerized information about airplane flights around the continent.

 

Poland and Romania have repeatedly denied hosting CIA prisons - a position they reiterated today as the new report was being released. Marty said the two countries' government agencies did not cooperate with his investigation.

 

The report - part of a larger investigation into partnerships among the CIA, NATO and European nations in the capture, transfer and detention of suspected terrorists - reflects European outrage over the secret operations.

 

Separately, a European Commission official said that governments accused of participating in the CIA program now needed to perform their own investigations to determine if any European Union laws were broken.

 

According to wire service reports, commission spokesperson Friso Roscam Abbing said that the EU was "very concerned indeed" about the new report.

 

"Effective investigations should be fully carried out as quickly as possible in the member states concerned ... in order to establish both responsibilities as well as to enable the victims to obtain compensation for damages," Abbing said.

 

"Large numbers of people have been abducted from various locations across the world and transferred to countries where they have been persecuted and where it is known that torture is a common practice," Marty wrote, adding, "The fight against terrorism must not serve as an excuse for systematic recourse to illegal acts, massive violation of fundamental human rights and contempt for the rule of law."

 

Marty wrote that he was "not ruling out the possibility that secret CIA detentions may also have occurred" in other European countries, adding that his investigation was hampered by the failure of the United States, NATO and many European countries to cooperate with the probe.

 

The Post, which first reported on the existence of the secret prisons in 2005 and obtained Marty's report a day before its release, has not published the names of East European countries involved in the program at the request of senior U.S. officials, who argued the disclosure could hamper counterterrorism efforts.

 

"Some individuals were kept in secret detention centers for periods of several years where they were subjected to degrading treatment and so-called 'enhanced interrogation techniques' (essentially a euphemism for a kind of torture)," Marty wrote.

 

He said many of the actions are "unacceptable under the laws of European countries" and would be legally challenged if they were undertaken in the United States.

 

"The fact that the measures only apply to non-American citizens reflects a kind of 'legal apartheid,'" he wrote.

 

In his explanatory note, Marty concluded, "There is no real international strategy against terrorism. ... The refusal to establish and recognize a functioning international judicial and prosecution system is also a major weakness in our efforts to combat international terrorism."

 

John Sifton, a senior researcher at Human Rights Watch, said his group has long alleged that Romania and Poland participated in the CIA program.

 

"The use of secret detention sets a terrible example for other countries, who may use it to jail political opponents or journalists, by labeling them 'enemies,'" he said in an e-mail. "It can also be counter-productive and undermine the moral equation of terrorism and counter-terrorism, by making suspected perpetrators of terrorism into victims, while making the original victims of terrorism into perpetrators."

 

The Council of Europe functions as the continent's official human rights watchdog. Its 47 member nations are legally bound to observe its human rights statutes, although the council has limited power to enforce the rules.

 

Tate reported from Washington. Washington Post staff writer Howard Schneider contributed to this report.

 

External link: http://www.washingtonpost.com/wp-dyn/content/article/2007/06/08/AR2007060800985.html


Secret Prisons in 2 Countries Held Qaeda Suspects, Report Says

 

By Stephen Grey and Doreen Carvajal

New York Times

June 8, 2007

 

London, June 7 - Investigators have confirmed the existence of clandestine C.I.A. prisons in Romania and Poland housing leading members of Al Qaeda, contends a new report from the Council of Europe, the European human rights monitoring agency.

 

Dick Marty, the Swiss senator leading the inquiry, said in a recent interview that his conclusions were based on information from intelligence agents on both sides of the Atlantic, including members of the C.I.A. counterterrorism center. The report is to be released on Friday.

 

The report says the jails operated from 2003 to 2005. “Large numbers of people have been abducted from various locations across the world and transferred to countries where they have been persecuted and where it is known that torture is common practice,” it says.

 

These suspects included Khalid Shaikh Mohammed, the confessed master planner for the Sept. 11 attacks; Ramzi bin al-Shibh, a member of the Hamburg, Germany, cell that organized the conspiracy; and Abu Zubaida, believed to have been a senior figure in Al Qaeda.

 

The report says that some of the information comes from trusted intelligence agents, who reported directly to former President Aleksander Kwasniewski of Poland and to two former Romanian leaders, Ion Iliescu and Traian Basescu.

 

The governments of Poland and Romania have denied the existence of such prisons, and officials could not be reached for comment on Thursday. Poland has criticized Mr. Marty and his investigators in the past for not traveling there to investigate the compound that the report describes as a prison.

 

The current president, Lech Kaczynski, has said that since he came to power in December 2005 “there has been no secret prison - I am 100 percent sure of it,” adding, “I am assured there never were any in the past either.”

 

Romania has repeatedly denied the presence of a secret prison there.

 

But last year, President Bush acknowledged for the first time that terrorism suspects had been held in C.I.A.-run prisons overseas, without specifying where.

 

Paul Gimigliano, a C.I.A. spokesman, said Thursday that, “While I’ve yet to see the report, Europe has been the source of grossly inaccurate allegations about the C.I.A. and counterterrorism,” and he added, “People should remember that Europeans have benefited from the agency’s bold, lawful work to disrupt terrorist plots.”

 

The report contends, “What was previously just a set of allegations is now proven.” An advance copy of the report was obtained by the British Channel 4 program “Dispatches” and provided to The New York Times.

 

Apart from the statements of what his report describes as former and serving intelligence agents, Mr. Marty quotes aviation records that he suggests provide detailed evidence of clandestine visits by C.I.A. planes to Szymany, in Poland; as well as the text of confidential military agreements signed between the United States and Romania that, he suggests, allowed the establishment of a C.I.A. base in the country.

 

Mr. Marty said the C.I.A.’s partners in establishing the secret prisons were the military intelligence agencies of both countries, which reported only to their presidents and defense ministers. Neither the countries’ prime ministers nor the two Parliaments’ intelligence committees were consulted or informed.

 

Prisoners in the secret jails were subjected to sleep deprivation and water-boarding, or simulated drowning, said Mr. Marty, who also said that the two jails had been divided into two categories.

 

The main C.I.A. jail was centered in a Soviet-era military compound at Stare Kjekuty, in northeastern Poland, where about a dozen high-level terrorism suspects were jailed, the report concludes. Lower-level prisoners from Afghanistan and Iraq were held in a military base near the Black Sea in Romania, the report contends.

 

Jails were staffed entirely by the C.I.A., and local guards secured the perimeters, the report says. “The local authorities were not supposed to be aware of the exact number or the identities of the prisoners who passed through the facilities - this was information that they did not ‘need to know,’” the report said.

 

Mr. Marty said last month in an interview with the Swiss newspaper La Liberté that the report relied on information from disaffected C.I.A. agents and other intelligence officials on the other side of the Atlantic. Many of the agents said they were surprised that the prisons remained a secret for so many years. “They spoke to me because they found what was happening to be disgusting,” he was quoted as saying.

 

The report includes more specific conclusions than a study issued in June last year that contended that at least 14 European countries had accepted secret transfers of terrorism suspects by the United States. That report listed a web of landing points around the world that it said had been used by American authorities for its air network.

 

The new report contends that the C.I.A. took extraordinary measures to cover its activities. When C.I.A. jets flew to the Szymany airport in Poland, they used flight plans with “fictitious routes,” it says, giving no indication that the airport was the destination. Polish air traffic controllers - working with military intelligence - completed the cover-up, the report says.

 

Although the report singled out Poland and Romania, it said that it could not rule out the possibility that other European countries permitted these jails to operate.

 

Among its accusations, this report said NATO agreements, under the guise of waging a “war on terror,” provided the framework that the C.I.A. used to expand its European operations after Sept. 11.

 

The Marty report says it would be pointless for researchers to visit the Polish compound because “we have no doubts about the capability of those who would have removed any traces of the prisoner’s presence.”

 

Mark Mazzetti contributed reporting from Washington.

 

Copyright 2007 The New York Times Company

 

External link: http://www.nytimes.com/2007/06/08/world/europe/08prisons.html

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