Media The Washington Post December 2002 The Washington Post on December 26, 2002, reported about a secret CIA prison in one corner of
Bagram Air Force Base (Afghanistan) consisting of metal shipping containers. On March 14, 2004,
The Guardian reported that three British citizens were held captive in a secret section (
Camp Echo) of the Guantánamo Bay complex. Several other articles reported the retention of ghost detainees by the CIA, alongside the other official "
enemy combatants". However, it was the revelations of
The Washington Post, in a November 2, 2005, article, that would start the scandal. (
below)
Human Rights Watch March 2004 report A report by the
human rights organization
Human Rights Watch, entitled "Enduring FreedomAbuses by US Forces in Afghanistan", states that the CIA has operated in Afghanistan since September 2001; maintaining a large facility in the Ariana Chowk neighborhood of
Kabul and a detention and interrogation facility at the
Bagram airbase.
Village March 2005 report In the February 26March 4, 2005, edition of Ireland's
Village magazine, an article titled "Abductions via Shannon" claimed that Dublin and Shannon airports in Ireland were "used by the CIA to abduct suspects in its 'war on terror'". The article went on to state that a
Boeing 737 (registration number N313P, later reregistered
N4476S) "was routed through Shannon and Dublin on fourteen occasions from January 1, 2003 to the end of 2004. This is according to the flight log of the aircraft obtained from Washington, D.C., by
Village. Destinations included
Estonia (1/11/03);
Larnaca,
Salé,
Kabul,
Palma,
Skopje,
Baghdad, (all January 16, 2004);
Marka (May 10, 2004 and June 13, 2004). Other flights began in places such as
Dubai (June 2, 2003 and December 30, 2003), Mitiga (October 29, 2003 and April 27, 2004), Baghdad (2003) and Marka (February 8, 2004, March 4, 2004, May 10, 2004), all of which ended in Washington, D.C. According to the article, the same aircraft landed in Guantanamo Bay on September 23, 2003, "having travelled from Kabul to
Szymany (Poland),
Mihail Kogălniceanu (Romania) and Salé (Morocco)". It had been used "in connection with the abduction in Skopje, Republic of Macedonia, of
Khalid El-Masri, a German citizen of Lebanese descent, on 31 December 2003, and his transport to a US detention centre in Afghanistan on 23 January 2004". In the article, it was noted that the aircraft's registration showed it as being owned by
Premier Executive Transport Services, based in
Massachusetts, though as of February 2005 it was listed as being owned by
Keeler and Tate Management,
Reno, Nevada (US). On the day of registration transference, a Gulfstream V jet (Tail No.
N8068V) used in the same activities, was transferred from Premier Executive Transport Services to a company called
Baynard Foreign Marketing.
Washington Post November 2005 article A story by reporter
Dana Priest published in the
Washington Post on November 2, 2005 reported that: "The CIA has been hiding and interrogating some of its most important alleged al Qaeda captives at a Soviet-era compound in Eastern Europe, according to U.S. and foreign officials familiar with the arrangement." According to current and former intelligence officials and diplomats, there is a network of foreign prisons that includes or has included sites in several European democracies, Thailand, Afghanistan, and a small portion of the Guantánamo Bay prison in Cuba—this network has been labeled by
Amnesty International as "
The Gulag Archipelago", in a clear reference to the novel of the same name by Russian writer and activist
Aleksandr Solzhenitsyn. The reporting of the secret prisons was heavily criticized by members and former members of the
Bush Administration. However, Priest states no one in the administration requested that the
Washington Post not print the story. Rather they asked they not publish the names of the countries in which the prisons are located.
Human Rights Watch's report On November 3, 2005,
Tom Malinowski of the New York–based
Human Rights Watch cited circumstantial evidence pointing to Poland and Romania hosting CIA-operated covert prisons. Flight records obtained by the group documented the
Boeing 737 'N4476S' leased by the CIA for transporting prisoners leaving Kabul and making stops in Poland and Romania before continuing on to Morocco, and finally Guantánamo Bay in Cuba. Such flight patterns might corroborate the claims of government officials that prisoners are grouped into different classes being deposited in different locations. Malinowski's comments prompted quick denials by both Polish and Romanian government officials as well as sparking the concern of the
International Committee of the Red Cross ("ICRC"), who called for access to all foreign terrorism suspects held by the United States. The accusation that several EU members may have allowed the United States to hold, imprison or torture detainees on their soil has been a subject of controversy in the European body, who announced in November 2005 that any country found to be complicit could lose their right to vote in the council.
Amnesty International November 2005 report On November 8, 2005, rights group
Amnesty International provided the first comprehensive testimony from former inmates of the CIA black sites. The report, which documented the cases of three
Yemeni nationals, was the first to describe the conditions in black site detention in detail. In a subsequent report, in April 2006, Amnesty International used flight records and other information to locate the black site in Eastern Europe or Central Asia.
BBC December 2006 report On December 28, 2006, the BBC reported that during 2003, a well-known CIA
Gulfstream V aircraft implicated in extraordinary renditions,
N379P, had on several occasions landed at the Polish airbase of
Szymany. The airport manager said that airport officials were told to keep away from the aircraft, which parked at the far end of the runway and frequently kept their engines running. Vans from a nearby intelligence base (
Stare Kiejkuty) met the aircraft, stayed for a short while and then drove off. Landing fees were paid in cash, with the invoices made out to "probably fake" American companies.
New Yorker August 2007 article An August 13, 2007, story by
Jane Mayer in
The New Yorker reported that the CIA has operated "black site" secret prisons by the direct presidential order of George W. Bush since shortly after 9/11, and that extreme psychological interrogation measures based at least partially on the
Vietnam-era
Phoenix Program were used on detainees. These included sensory deprivation,
sleep deprivation, keeping prisoners naked indefinitely and photographing them naked to degrade and humiliate them, and forcibly administering drugs by suppositories to further break down their dignity. According to Mayer's report, CIA officers have taken out
professional liability insurance, fearing that they could be criminally prosecuted if what they have already done became public knowledge.
September 2007 media reports to present During 2007, the Justice Department were requested to give "copies of ... opinions on interrogation" to the Senate Intelligence Committee and House Judiciary Committee. In a 2007 letter to
Peter D. Keisler,
John D. Rockefeller IV stated "[he found] it unfathomable that the committee tasked with oversight of the C.I.A.'s detention and interrogation program would be provided more information by The New York Times than by the Department of Justice". On October 5, 2007, President George W. Bush responded, saying "This government does not torture people. You know, we stick to U.S. law and our international obligations." Bush said that the interrogation techniques "have been fully disclosed to appropriate members of Congress". While speaking to the Chicago Council on Global Affairs on October 30, 2007,
Michael Hayden said, "Our programs are as lawful as they are valuable." Asked a question about
waterboarding, Hayden mentioned attorney general nominee
Michael Mukasey, saying, "Judge Mukasey cannot nor can I answer your question in the abstract. I need to understand the totality of the circumstances in which this question is being posed before I can give you an answer." On December 6, 2007, the CIA admitted that it had destroyed videotapes recordings of CIA interrogations of terrorism suspects involving harsh interrogation techniques, tapes which critics suggest may have documented the use of torture by the CIA, such as waterboarding. The tapes were made in 2002 as part of a secret detention and interrogation program, and were destroyed in November 2005. The reason cited for the destruction of the tapes was that the tapes posed a security risk for the interrogators shown on the tapes. Yet the department also stated that the tapes "had no more intelligence value and were not relevant to any inquiries". In response, Senate Armed Services Committee Chairman
Carl Levin (D-Michigan) stated: "You'd have to burn every document at the CIA that has the identity of an agent on it under that theory." Other Democrats in Congress also made public statements of outrage about the destruction of the tapes, suggesting that a violation of law had occurred.
European investigations After a media and public outcry in Europe concerning headlines about "secret CIA prisons" in Poland and other US allies, the EU through its Committee on Legal Affairs investigated whether any of its members, especially Poland, the Czech Republic or Romania had any of these "secret CIA prisons". After an investigation by the EU Committee on Legal Affairs and Human Rights, the EU determined that it could not find any of these prisons. In fact, they could not prove if they had ever existed at all. To quote the report, "At this stage of the investigations, there is no formal, irrefutable evidence of the existence of secret CIA detention centres in Romania, Poland or any other country. Nevertheless, there are many indications from various sources which must be considered reliable, justifying the continuation of the analytical and investigative work." Nonetheless, the CIA's alleged programme prompted several official investigations in Europe into the existence of such secret detentions and unlawful inter-state transfers involving
Council of Europe member states. A
June 2006 report from the Council of Europe estimated 100 people had been kidnapped by the CIA on EU territory (with the cooperation of Council of Europe members), and rendered to other countries, often after having transited through secret detention centres ("black sites") used by the CIA, some located in Europe. According to the separate
European Parliament report of February 2007, the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of article 3 of the
United Nations Convention Against Torture.
Spanish investigations In November 2005,
El País reported that CIA planes had landed in the
Canary Islands and in
Palma de Mallorca. A state prosecutor opened up an investigation concerning these landings which, according to
Madrid, were made without official knowledge, thus being a breach of
national sovereignty.
French investigations The prosecutor of
Bobigny court, in France, opened up an investigation in order "to verify the presence in
Le Bourget Airport, on July 20, 2005, of the plane numbered N50BH". This instruction was opened following a complaint deposed in December 2005 by the ''
Ligue des droits de l'homme (LDH) NGO ("Human Rights League") and the International Federation of Human Rights Leagues'' (FIDH) NGO on charges of "arbitrary detention", "crime of torture" and "non-respect of the rights of
war prisoners". It has as objective to determine if the plane was used to transport CIA prisoners to
Guantanamo Bay detainment camp and if the French authorities had knowledge of this stop. However, the lawyer representing the LDH declared that he was surprised that the judicial investigation was only opened on January 20, 2006, and that no verifications had been done before. On December 2, 2005, conservative newspaper
Le Figaro had revealed the existence of two CIA planes that had landed in France, suspected of transporting CIA prisoners. But the instruction concerned only N50BH, which was a
Gulfstream III, which would have landed at Le Bourget on July 20, 2005, coming from
Oslo, Norway. The other suspected aircraft would have landed in
Brest on March 31, 2002. It is investigated by the Canadian authorities, as it would have been flying from
St. John's, Newfoundland and Labrador in Canada, via
Keflavík in
Iceland before going to Turkey.
Portuguese investigations On February 5, 2007, Portuguese general prosecutor Cândida Almeida, head of the Central Investigation and Penal Action Department (DCIAP), announced an investigation of "torture or inhuman and cruel treatment", prompted by allegations of "illegal activities and serious human rights violations" made by MEP
Ana Gomes to the attorney general, Pinto Monteiro, on January 26, 2007. Gomes was highly critical of the
Portuguese government's reluctance to comply with the European Parliament Commission investigation into the CIA flights, leading to tensions with Foreign Minister
Luís Amado, a member of
her party. She said she had no doubt that illegal flights were frequently permitted during the
Durão Barroso (2002–2004) and
Santana Lopes (2004–2005) governments, and that "during the [present Socialist] government of
José Sócrates, 24 flights which passed through Portuguese territory" are documented. She expressed satisfaction with the opening of the investigation, but emphasized that she had always said a parliamentary inquiry would also be necessary. Approximately 150 CIA flights have been identified as having flown through Portugal.
Polish investigations In January 2012, Poland's
Prosecutor General's office initiated investigative proceedings against
Zbigniew Siemiątkowski, the former
Polish intelligence chief. Siemiątkowski is charged with facilitating the alleged CIA detention operation in Poland, where foreign suspects may have been tortured in the context of the war on terror. The alleged
constitutional and
international law trespasses took place when
Leszek Miller, presently member of
parliament and leader of the
Democratic Left Alliance, was Prime Minister (2001–2004), and he may also be subjected to future legal action (a trial before the
State Tribunal of the Republic of Poland). The future robustness of the highly secret investigation, in progress since 2008, may however be in some doubt. According to the leading Polish newspaper
Gazeta Wyborcza, soon after Siemiątkowski was charged by the prosecutors in
Warsaw, the case was transferred and is now expected to be handled by a different prosecutorial team in
Cracow. The United States authorities have refused to cooperate with the investigation and the turning over of the relevant documents to the prosecution by the unwilling
Intelligence Agency was forced only after the statutory intervention of the First President of the
Supreme Court of Poland.
Abu Zubaydah and
Abd al-Rahim al-Nashiri are said to have been held and subjected to physical punishments at the
Stare Kiejkuty intelligence base in northeastern Poland.
Other European investigations The
European Union (EU) as well as the
Council of Europe pledged to investigate the allegations. On November 25, 2005, the lead investigator for the Council of Europe, Swiss lawmaker
Dick Marty announced that he had obtained latitude and longitude coordinates for suspected black sites, and he was planning to use satellite imagery over the last several years as part of his investigation. On November 28, 2005, EU Justice Commissioner
Franco Frattini asserted that any EU country which had operated a secret prison would have its voting rights suspended. On December 13, 2005, Marty, investigating illegal CIA activity in Europe on behalf of the
Council of Europe in Strasbourg, reported evidence that "individuals had been abducted and transferred to other countries without respect for any legal standards". His investigation has found that no evidence exists establishing the existence of secret CIA prisons in Europe, but added that it was "highly unlikely" that European governments were unaware of the American program of renditions. A 2006 Council of Europe investigation by UN rapporteur Dick Marty estimated that approximatelt 100 individuals were abducted by the CIA on European territory and relocated. to countries where they risked torture. However, Marty's interim report, which was based largely on a compendium of press clippings has been harshly criticised by the governments of various EU member states. The preliminary report declared that it was "highly unlikely that European governments, or at least their intelligence services, were unaware" of the CIA kidnapping of a "hundred" persons on European territory and their subsequent
rendition to countries where they may be tortured. On June 27, 2007, the
Parliamentary Assembly of the Council of Europe voted on Resolution 1562 and Recommendation 1801 backing the conclusions of the report by Dick Marty. The Assembly declared that it was established with a high degree of probability that secret detention centres had been operated by the CIA under the High Value Detainee (HVD) program for some years in Poland and Romania. The Swiss government did not officially confirm the existence of the report, but started a judiciary procedure for leakage of secret documents against the newspaper on January 9, 2006.
The European Parliament's February 14, 2007, report The
European Parliament's report, adopted by a large majority (382
MEPs voting in favor, 256 against, and 74 abstaining) passed on February 14, 2007, concludes that many European countries tolerated illegal actions of the CIA including secret flights over their territories. The countries named were: Austria, Belgium, Cyprus, Denmark, Germany, Greece, Ireland, Italy, Poland, Portugal, Romania, Spain, Sweden, and the United Kingdom. Although no clear evidence has been found against the United Kingdom. The report criticized several European countries including Austria, Italy, Poland & Portugal for their "unwillingness to cooperate" with investigators and the actions of
secret services for lack of cooperation with the Parliaments' investigators and refusing to accept the confessions of illegal abductions. The European Parliament voted a resolution condemning member states that accepted or ignored the practice. According to the report, the CIA had operated 1,245 flights, many of them to destinations where suspects could face torture. The Parliament also called for the creation of an independent investigation commission and the closure of Guantanamo. According to Giovanni Fava (
Socialist Party), who drafted the document, there was a "strong possibility" that the intelligence obtained under the extraordinary rendition illegal program had been passed on to EU governments who were aware of how it was obtained. The report also uncovered the use of secret detention facilities in Europe, including Romania and Poland. The report defines extraordinary renditions as instances where "an individual suspected of involvement in terrorism is illegally abducted, arrested and/or transferred into the custody of US officials and/or transported to another country for interrogation which, in the majority of cases involves incommunicado detention and torture".UK officials have further denied any claims and many investing officials agreed that the UK was not involved in the detention and torture or in hosting prisons. The UK might have been a transit state but there is no proof about this either.
Obama administration On January 22, 2009, U.S. President Barack Obama signed an executive order regarding the
United States Senate Select Committee on Intelligence (SSCI) requiring the CIA to use only the 19 interrogation methods outlined in the United States
Army Field Manual "unless the Attorney General with appropriate consultation provides further guidance". The order also provided that "The CIA shall close as expeditiously as possible any detention facilities that it presently operates and shall not operate any detention facilities in the future." On March 5, 2009,
Bloomberg News reported that the Senate Select Committee on Intelligence was beginning a one-year inquiry into the CIA's detention program. In April 2009, CIA director
Leon Panetta announced that the "CIA no longer operates detention facilities or black sites", in a letter to staff and that "[r]emaining sites would be decommissioned". He also announced that the CIA was no longer allowing outside "contractors" to carry out interrogations and that the CIA no longer employed controversial "harsh interrogation techniques". Panetta informed his fellow employees that the CIA would only use interrogation techniques authorized in the
US Army interrogation manual, and that any individuals taken into custody by the CIA would only be held briefly, for the time necessary to transfer them to the custody of authorities in their home countries, or the custody of another US agency. In 2011, the Obama administration admitted that it had been holding a Somali prisoner for two months aboard a U.S. naval ship at sea for interrogation.
US Senate Study of the CIA's Detention and Interrogation Program On December 9, 2014
United States Senate Select Committee on Intelligence (SSCI) released a 525-page portion that consisted of key findings and an executive summary of the report called ''Committee Study of the Central Intelligence Agency's Detention and Interrogation Program''. The rest of the report remains classified for unpublished reasons. The 6,000-page report produced 20 key findings; they are, verbatim from the unclassified summary report: • The CIA's use of its
enhanced interrogation techniques was not an effective means of acquiring
intelligence or gaining cooperation from detainees. • The CIA's justification for the use of its enhanced interrogation techniques rested on inaccurate claims of their effectiveness. • The interrogations of CIA detainees were brutal and far worse than the CIA represented to policymakers and others. • The conditions of confinement for CIA detainees were harsher than the CIA had represented to policymakers and others. • The CIA repeatedly provided inaccurate information to the
Department of Justice, impeding a proper legal analysis of the CIA's Detention and Interrogation Program. • The CIA has actively avoided or impeded congressional oversight of the program. • The CIA impeded effective White House oversight and decision-making. • The CIA's operation and management of the program complicated, and in some cases impeded, the national security missions of other
Executive Branch agencies. • The CIA impeded oversight by the CIA's
Office of Inspector General. • The CIA coordinated the release of classified information to the media, including inaccurate information concerning the effectiveness of the CIA's enhanced interrogation techniques. • The CIA was unprepared as it began operating its Detention and Interrogation Program more than six months after being granted detention authority. • The CIA's management and operation of its Detention and Interrogation Program was deeply flawed throughout the program's duration, particularly so in 2002 and early 2003. • Two contract psychologists devised the CIA's enhanced interrogation techniques and played a central role in the operation, assessments, and management of the CIA's Detention and Interrogation Program. By 2005, the CIA had overwhelmingly outsourced operations related to the program. • CIA detainees were subjected to coercive interrogation techniques that had not been approved by the Department of Justice or had not been authorized by CIA Headquarters. • The CIA did not conduct a comprehensive or accurate accounting of the number of individuals who were detained and held individuals who did not meet the legal standard for detention. The CIA's claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate. • The CIA failed to adequately evaluate the effectiveness of its enhanced interrogation techniques. • The CIA rarely reprimanded or held personnel accountable for serious or significant violations, inappropriate activities, and systematic and individual management failures. • The CIA marginalized and ignored numerous internal critiques, criticisms, and objections concerning the operation and management of the CIA's Detention and Interrogation Program. • The CIA's Detention and Interrogation Program was inherently unsustainable and had effectively ended by 2006 due to unauthorized press disclosures, reduced cooperation from other nations, and legal and oversight concerns. • The CIA's Detention and Interrogation Program damaged the United States' standing in the world and resulted in other significant monetary and non-monetary costs. According to the report, at least 26 of the 119 prisoners (22%) held by the CIA were subsequently found by the CIA to have been improperly detained, Of the 119 known detainees, at least 39 were subjected to the CIA enhanced interrogation techniques. ==European Court of Human Rights decisions==