Torture

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Why US Wants BSA With Criminal Immunity: Amnesty Reports US War Crimes in Afghanistan Not Prosecuted

Barack Obama faces a huge amount of pressure during the current meltdown of Iraq because he withdrew all US military forces from the country. As I have pointed out in countless posts, the single controlling factor for that withdrawal was that Iraq refused to provide criminal immunity to US troops who remained in Iraq past December 31, 2011.

A very similar scenario is playing out now in Afghanistan. Hamid Karzai has refused to sign the Bilateral Security Agreement that will provide criminal immunity to US troops remaining beyond the end of this year. Both Abdullah Abdullah and Ashraf Ghani have stated that they will sign the BSA immediately upon taking office, but the recount of their runoff election remains mired in dysfunction over how to eliminate fraudulent votes. John Kerry has visited twice to get the candidates to cease sparring, but dysfunction has quickly ensued after both visits. Meanwhile, the clock ticks ever closer to expiration of the current agreement providing immunity.

All along, the US framing for insisting on criminal immunity for troops is based on avoiding the chaos of soldiers facing false charges that might be brought through a court system that lacks the safeguards of the US court system or even the US military courts. But a report (pdf) released Friday by Amnesty International provides solid evidence that the US has failed, on multiple verified occasions, to take any action to pursue those responsible for clear war crimes in Afghanistan. That stands out to me as the real reason the US insists on criminal immunity.

Amnesty sums up their findings in the press release accompanying the report:

Focusing primarily on air strikes and night raids carried out by US forces, including Special Operations Forces, Left in the Dark finds that even apparent war crimes have gone uninvestigated and unpunished.

“Thousands of Afghans have been killed or injured by US forces since the invasion, but the victims and their families have little chance of redress. The US military justice system almost always fails to hold its soldiers accountable for unlawful killings and other abuses,” said Richard Bennett, Amnesty International’s Asia Pacific Director.

“None of the cases that we looked into – involving more than 140 civilian deaths – were prosecuted by the US military. Evidence of possible war crimes and unlawful killings has seemingly been ignored.”

The description continues:

Two of the case studies — involving a Special Operations Forces raid on a house in Paktia province in 2010, and enforced disappearances, torture, and killings in Nerkh and Maidan Shahr districts, Wardak province, in November 2012 to February 2013 — involve abundant and compelling evidence of war crimes. No one has been criminally prosecuted for either of the incidents.

Qandi Agha, a former detainee held by US Special Forces in Nerkh in late 2012, spoke of the daily torture sessions he endured. “Four people beat me with cables. They tied my legs together and beat the soles of my feet with a wooden stick. They punched me in the face and kicked me. They hit my head on the floor.” He also said he was dunked in a barrel of water and given electrical shocks.

Agha said that both US and Afghan forces participated in the torture sessions. He also said that four of the eight prisoners held with him were killed while he was in US custody, including one person, Sayed Muhammed, whose killing he witnessed.

Of course, the US claims that while it wants troops immune from prosecution in Afghanistan under trumped up charges, crimes will be investigated by US authorities. The Amnesty report puts that lie to rest. Again, from the press release:

Of the scores of witnesses, victims and family members Amnesty International spoke to when researching this report, only two people said that they had been interviewed by US military investigators. In many of the cases covered in the report, US military or NATO spokespeople would announce that an investigation was being carried out, but would not release any further information about the progress of the investigation or its findings – leaving victims and family members in the dark.

“We urge the US military to immediately investigate all the cases documented in our report, and all other cases where civilians have been killed. The victims and their family members deserve justice,” said Richard Bennett.

Yeah, I’m sure the military will get right on that. Sometime in the next century or two.

The report provides three recommendations to the government of Afghanistan:

 Create a credible, independent mechanism to monitor, investigate and report  publicly on civilian deaths and injuries caused by the ANSF, and to ensure timely and effective remedies. This mechanism should include detailed procedures for recording casualties, receiving claims, conducting investigations, carrying out disciplinary measures including prosecutions where warranted, and ensuring reparation, including restitution, compensation, and rehabilitation.

 Ensure that accountability for civilian casualties is guaranteed in any future bilateral security agreements signed with NATO and the United States, including by requiring that international forces provide a regular accounting of any incidents of civilian casualties, the results of investigations into such incidents, and the progress of any related prosecutions. Such agreements should exclude any provision that might infringe upon Afghanistan’s obligations under the Rome Statute of the International Criminal Court.

 Continue to press the US and NATO authorities to take meaningful steps to enhance civilian protection, investigate reports of civilian casualties, and prosecute violations of international humanitarian law that result in civilian casualties.

Those recommendations are terrific, but they are completely meaningless when applied to what is really happening in Afghanistan. None of the good things in that list have any chance of even making it into the language of the already negotiated BSA, and even if they did, no enforcement of it would ever be allowed. After all, the US is the country that even has passed a law allowing use of military force to “rescue” any citizen facing charges in the ICC. It doesn’t matter whether George W. Bush or Barack Obama is the Commander in Chief, the US military will go wherever it wants, kill whoever it wants, and allow the vast majority of its crimes to go without consequence.

That is the particular freedom they hate us for.

Torture for US, Retire With Impunity

Gulalai's face, as seen in photo accompanying Washington Post story on his comfortable life in Southern California.

Gulalai’s face, as seen in photo accompanying Washington Post story on his comfortable life in Southern California.

Torturing on behalf of the United States appears to be a career move that results in a comfortable lifestyle after moving on from government service. Jose Rodriguez, who both ordered up torture and then personally destroyed video evidence of it, now profits from those events through book sales. James Mitchell, who was integral to the design of the torture program, now lives quietly in Land O’Lakes, Florida and until very recently didn’t even have to bother talking with reporters, let alone crime investigators. Of course, if you choose to expose US torture, it’s prison for you, as John Kiriakou has demonstrated.

But the disgusting free status of Rogdriguez and Mitchell pales in comparison to the level of depravity in the known history of personal involvement in torture for Haji Gulalai and how it was revealed yesterday that Gulalai is now living a quiet, comfortable life just outside Los Angeles. [Just as a bit of life advice, never piss off Julie Tate, as her work in finding Gulalai is perhaps the best bit of investigative journalism in the US in decades.]

Even very early in the US misadventures in Afghanistan, Gulalai was a favorite for the US and its press. Here is a bit from CNN in December of 2001:

Despite intelligence reports indicating the location of Mullah Mohammed Omar, a senior Afghan official said going after the Taliban leader is not a priority.

Haji Gulalai, Kandahar’s intelligence chief, said information suggests that Omar is in Helmand province, west of Kandahar, in a district called Baghran.

He says the priority of officials in the Kandahar region is to rebuild the country and the city of Kandahar first, not chasing after Omar.

Gulalai played a special role in development of the Afghan government, eventually becoming, as described in the Post article, Afghanistan’s “torturer in chief”:

Since its inception, the NDS [National Directorate of Security] has depended on the CIA to such an extent that it is almost a subsidiary — funded, trained and equipped by its American counterpart. The two agencies have shared intelligence, collaborated on operations and traded custody of prisoners.

Gulalai was considered a particularly effective but corrosive figure in this partnership. He was a fierce adversary of the Taliban, officials said, as well as a symbol of the tactics embraced by the NDS.

“He was the torturer in chief,” said a senior Western diplomat, who recalled meeting with a prisoner at an NDS facility in Kabul to investigate how he had been treated when Gulalai entered unannounced. The detainee became agitated and bowed his head in submission. “He was terrified, which made sense,” the diplomat said. Gulalai was “a big wheel in a machine that ground up a lot of people.”

In setting up the torture program for Afghanistan, Gulalai was paid directly by the CIA:

“It was chaos; you had to start from scratch,” said a former senior U.S. intelligence official involved in the effort. The agency equipped the NDS with a fleet of vehicles brought up through Pakistan, delivered office supplies to a Kabul building that the Taliban had trashed and provided a stream of cash to cover payroll. “Money would come in on aircraft, we’d put it through a counting machine and distribute it in duffel bags,” said the former U.S. official, who spoke on the condition of anonymity to discuss the CIA’s role.

Gulalai distinguished himself particularly for his torture in Kandahar: Continue reading

Aikins in Rolling Stone: Zakaria Kandahari Was in Facebook Contact With Special Forces After Escaping Arrest

This photo of Zakaria Kandahari appears in Aikens' Rolling Stone article.

This photo of Zakaria Kandahari appears in Aikins’ Rolling Stone article.

By now, you undoubtedly have heard about Matthieu Aikins’ blockbuster story published yesterday by Rolling Stone, in which he provides a full description of war crimes carried out by Special Operations forces in the Nerkh District of Maidan Wardan province, Afghanistan. [If not, go read it in full, now!] I began following this story closely back in February when Hamid Karzai demanded the removal of all Special Operations forces from Maidan Wardak because of the crimes committed by this group. As more details of the crimes slowly emerged after that time, it became more and more clear that although several members of the US Special Operations A-Team participated in the crimes, a translator working for them, going by the name of Zakaria Kandahari, was central to the worst of the events. It eventually emerged that Karzai had demanded in January that the US hand Kandahari over for questioning, but the US eventually claimed that Kandahari had escaped. I had viewed that claim with extreme skepticism. Details provided by Aikins at the very end of his article provide justification for that skepticism, as it turns out that while Kandahari was “missing”, he appears to have used Facebook to stay in contact with the Special Operations team of which he had been a part.

Back in May, the New York Times carried an article detailing some of the charges against Kandahari and providing a description of his disappearance. Note especially the military’s multiple claims that they had nothing to do with the disappearance and did not know where he was:

Afghan officials investigated the events in the Nerkh district, and when they concluded that the accusations of misconduct by the team were true, the head of the Afghan military, Gen. Sher Mohammad Karimi, personally asked the American commander at the time, Gen. John R. Allen, to hand Mr. Kandahari over to the Afghan authorities.

According to a senior Afghan official, General Allen personally promised General Karimi that the American military would do so within 24 hours, but the promise was not kept, nor was a second promise a day later to hand him over the following morning. “The next morning they said he had escaped from them and they did not know where he was,” the official said.

The American official said the military was not trying to shield Mr. Kandahari. “The S.F. guys tried to pick him up, but he got wind of it and went on the lam, and we lost contact with him,” the official said. “We would have no reason to try to harbor this individual.”

And a spokesman for the American military, David E. Nevers, said General Allen “never had a conversation with General Karimi about this issue.”

That “we lost contact with him” is just one of the many lies put out by the military about this entire series of events. Look at what Aikins uncovered, just by finding Facebook traffic from the A-Team involved (but note that this moves Kandahari’s disappearance back to December from the previous accounts that put it in January): Continue reading

Daily Mail Wins Partial Declassification of British Court Decision Documenting Torture in Afghan Prison

Certified for torture.

Certified for torture.

Today marks the third time that I have used this photo that remarkably still resides on ISAFMedia’s Flickr photostream. The caption, in full, as it has always been carried by ISAFMedia:

CAMP DARULAMAN, Afghanistan – Brig. Gen. Saffiullah, Afghan National Army Military Police Brigade commander, holds a certificate presented by Vice Adm. Robert Harward, Joint Task Force 435 commander. The certificate was presented during a ceremony here April 5 in front of an ANA Military Police brigade. The brigade will complete the extensive training program prior to their assumption of detention facility security operations at the Detention Facility in Parwan. The brigade already conducts detention and corrections operations at the Afghan National Detention Facility in Pol-e-Charkhi. The event was another step toward the transition of the detention facility from the United States to the Afghan government. (Photo by U.S. Air Force 1st Lt. Joost Verduyn)

The date of April 5 on the photo refers to the year 2010. Of particular importance today is the bit where, on that date, the caption states that the Afghan National Army (after training by Robert Harward’s JSOC team) was “already” in charge of the Afghan prison facility at Pol-e-Charkhi. That prison is in Kabul. And that documentation of US-trained personnel controlling that prison is very important for this story published yesterday by the Daily Mail:

The Mail on Sunday has delivered a decisive blow against the creeping new culture of ‘secret justice’ after forcing the disclosure of a classified High Court judgment about torture in Afghanistan.

After a ten-month legal battle, we can at last reveal horrifying allegations over the treatment of prisoners captured by British forces in Afghanistan – evidence the Ministry of Defence wanted to keep secret.

More details from the article:

We can reveal the secret ruling concerns a supposed Taliban leader, described only as Detainee 806.

When he was held by UK troops in January 2010, there was already a moratorium banning the transfer of prisoners to the NDS in Kabul, because its interrogation centre there – codenamed Department 17 – had gained a sinister reputation for torture and British forces found it impossible to gain access.

The prisoner at the heart of this particular case pursued by the Daily Mail was arrested in January of 2010 and sent, against normal British procedures, to the Kabul prison, where he was hidden from British personnel for about a month while he was tortured: Continue reading

US Embarrasses Self Again on Symbolism of Newest Floating Prison

The USS San Antonio entering New York Harbor during Fleet Week, 2006. When I first saw this photo, I thought that the image created the illusion that the ship was holding the Statue of Liberty, but it turns out that is part of the ship's structure and not Liberty's torch that we see. I still can't quite shake that metaphor, however.

The USS San Antonio entering New York Harbor during Fleet Week, 2006. When I first saw this photo, I thought that the image created the illusion that the ship was holding the Statue of Liberty, but it turns out that is part of the ship’s structure and not Liberty’s torch that we see. I still can’t quite shake that metaphor, however.

I fought what seemed to be a one-person battle over what appeared to me to be efforts by the United States to rehabilitate the image of the USS Bataan. In 2010, I pointed out the depravity of using a ship that once was a floating torture chamber as a hospital ship during Katrina and then after the earthquake in Haiti. And then I completely went ballistic when the Bataan Rehabilitation March came even closer to home with the disgusting spectacle of the torture ship being used to stage a college basketball game. At least Mother Nature won that particular round, as the game had to be cancelled at halftime when the surface of the court became unplayable due to moisture as the ship cooled in evening air.

The whole concept of the floating “interrogation” ship is being used again by the US and the naturally arising question is that if no less than Charlie Savage is being used on the preemptive “nothing to see here, move along” gov-splaining of the use of the ship is needed, is the US reverting to the torture practices that were carried out on the Bataan? But this time, instead of the USS Bataan, the interrogation of Abu Anas al-Libi is being carried out on the USS San Antonio. The San Antonio can be considered the poster child for all that is wrong with military procurement systems today:

Five years ago, the USS San Antonio (the first LPD 17 class ship) entered service. Or at least tried to. The builders had done a very shoddy job, and it took the better part of a year to get the ship in shape.

/snip/

Although the San Antonio did get into service, it was then brought in for more inspections and sea trials, and failed miserably. It cost $36 million and three months to get everything fixed. The workmanship and quality control was so poor that it’s believed that the San Antonio will always be a flawed ship and will end up being retired early.

Just as the San Antonio was “commissioned” and then towed back for repairs because it couldn’t move on its own, the “interrogation” that is currently underway for al-Libi is a false start and a “clean team” will have to be brought in for any interrogations that will be used should al-Libi ever be brought to trial. From the gov-splanation: Continue reading

Massive Obama Administration Leaks on Covert CIA Program Training Syrian Rebels

Last night, Remi Brulin pointed out on Twitter that Greg Miller’s article in the Washington Post contains a lot of leaks describing a program that is supposed to be covert:

 

Miller even notes the covert nature of the program:

The descriptions of the CIA training program provide the most detailed account to date of the limited dimensions and daunting objectives of a CIA operation that President Obama secretly authorized in a covert action finding he signed this year.

And yet, despite the fact that even the authorization of this operation was supposed to be covert, Miller seems to have no trouble getting folks to talk to him about it. I’ve attempted to list here all the times he mentions things someone told him. I’ve only copied the references here when they relate to the covert training program, not to other information being conveyed to Miller:

U.S. officials said

officials said

officials said

officials said

The officials, who spoke on the condition of anonymity to discuss intelligence matters, said

The CIA effort was described

said a U.S. official familiar with operations in Syria

The descriptions of the CIA training program

U.S. officials said the classified program

a former senior U.S. intelligence official said

Officials said

the former U.S. intelligence official said

Officials said

officials said

officials said

officials said

what some officials have described

senior CIA officials have raised the concern

said a former senior U.S. intelligence official

the former official said

All of those are the anonymous quotes that Miller included. When it came time to get anyone to go on the record: Continue reading

Speaking at UN, Obama Tries to Claim He Was Always For Diplomacy in Syria

I had seen several indications this morning that Obama planned to call for a diplomatic approach to the ongoing conflict in Syria despite the earlier indications that he intended to pursue a military strike even if the UK did not join and the UN did not provide a resolution authorizing force. I was hopeful that this new-found reliance on diplomacy would go all the way to calling for a ceasefire to provide safe conditions for the gathering and destruction of Syria’s stockpile of chemical weapons.

Alas, my hopes were once again dashed as Obama fell far short of proposing a ceasefire and he wound up delivering very convoluted remarks as he tried to maintain the fiction that Bashar al-Assad’s forces have been proven to have carried out the August 21 chemical weapons attack and that he favors diplomacy over military action. The quotations I will use here are from the Washington Post’s transcript of his speech.

In a move that approaches Colin Powell’s historic spinning of lies before the invasion of Iraq, Obama stated that there is no dispute that Syrian forces are responsible for the August 21 attack:

The evidence is overwhelming that the Assad regime used such weapons on August 21st. U.N. inspectors gave a clear accounting that advanced rockets fired large quantities of sarin gas at civilians. These rockets were fired from a regime-controlled neighborhood and landed in opposition neighborhoods.

It’s an insult to human reason and to the legitimacy of this institution to suggest that anyone other than the regime carried out this attack.

As I stated shortly after the UN report came out, the report did not show that the rockets for which they determined trajectories carried sarin. That argument is strengthened further by the subsequent realization by others that not one of the environmental samples from the Moadamiyah site came back as positive for sarin. So now one of the famous lines that cross at a Syrian military installation has to be disregarded entirely because there is no evidence of sarin at the point of rocket impact. [Look for the website and reporters for the linked post to be attacked mercilessly. Both the Global Research site I linked to in one questioning post and the Mint Press site which suggested a Saudi false flag operation have been attacked savagely as to their credibility. Remarkably, I have yet to see any of those attacks actually contradict the questions that have been raised.*]

Let’s take a look at Obama’s logical gymnastics as he tried to justify both his initial intent to attack Syria and then his rediscovery that he prefers a diplomatic approach. Early in his Syria comments, he claimed ” A peace process is stillborn.” He gave no evidence of what, if any, role the US played in the peace process. In fact, his next sentence provides a partial clue to just how the peace process died: “America and others have worked to bolster the moderate opposition, but extremist groups have still taken root to exploit the crisis.”

You see, those moderate groups that we are arming are not able to defeat the extremists that others are arming. Sounds like a child caught fighting who says “he hit me back first”.

So that background of a stillborn peace process is why, even before the weak evidence from the UN that the US is misrepresenting came out, Obama insisted that he had to attack Assad. Obama’s ploy to support his actions approached a George W. Bush administration level of disdain for the UN itself as he supplied his rationalization: Continue reading

CIA Death Squads in Afghanistan to Have Fewer Bases

Greg Miller reports in the Washington Post that the CIA will be closing several bases in Afghanistan as US military forces are withdrawn from the country. I’ve been obsessing lately about US death squads operated primarily by the CIA but also affiliated with Special Operations forces and their bases. These death squads have been an integral part of the vaunted David Petraeus COIN strategy in both Iraq and Afghanistan (and rest on the heritage of death squads funded by the US in Latin America and those run by the US in Vietnam).

Miller’s article joins a growing trend toward public acknowledgement of the paramilitary activities the CIA has carried out in Afghanistan:

The CIA has begun closing clandestine bases in Afghanistan, marking the start of a drawdown from a region that transformed the agency from an intelligence service struggling to emerge from the Cold War to a counter­terrorism force with its own prisons, paramilitary teams and armed Predator drones.

Think for just a moment about what is being admitted here. These are clandestine bases that are being closed. Those clandestine bases had their own prisons and paramilitary teams. Remember all the US denials regarding the disappearance of innocent civilians and their torture at secret prisons in both Iraq and Afghanistan? Those denials get a lot less believable with this matter-of-fact admission that clandestine bases with their own prisons and paramilitary teams are being closed. You can bet that those secret prisons did not sit empty and the CIA paramilitary teams did not sit around all day just playing cards at their secret bases.

The entire article is worthy of reading for the number of confirmations it has on CIA activities in Afghanistan. However, lest we think that Mr. Moral Rectitude is going to be cutting back on his war crime activities in Afghanistan, we have this near the end of the article:

This year, President Obama approved new counterterrorism guidelines that call for the military to take on a larger role in targeted killing operations, reducing the involvement of the CIA.

But the guidelines included carve-outs that gave the agency wide latitude to continue armed Predator flights across the border and did not ban a controversial practice known as “signature strikes,” in which the agency can launch missiles at targets based on patterns of suspicious behavior without knowing the identities of those who would be killed.

John Brennan will hang on to his “latitude” to continue signature strikes. It seems likely that he also will keep his death squads active in Afghanistan, but they will be operating out of fewer bases. International laws and treaties are just immaterial if you have enough moral rectitude.

Oh, and as a postscript, the article does confirm affiliation of CIA death squads CIA paramilitary forces with military bases (just as has been at the center of the controversy surrounding the Nerkh base in Maidan Wardak Province, where Karzai expelled US Special Forces):

Even so, a full withdrawal of U.S. troops would probably trigger a deeper retrenchment by the CIA, which has relied on U.S. and allied military installations across the country to serve as bases for agency operatives and cover for their spying operations.

It appears that Brennan and the Obama administration just don’t care any more about maintaining secrecy on their war crimes. After all, who is going to stop them?

Why Has John Bogdan Not Yet Been Relieved of Command at Guantanamo?

Bogdan was clearly put out by having to host Special Envoy Clifford Sloan, the new leader of the U.S. State Department's Office of Guantanamo Closure when he visited on July 2. I'm guessing he's upset at the whole idea of closing Gitmo.

Bogdan was clearly put out by having to host Special Envoy Clifford Sloan, the new leader of the U.S. State Department’s Office of Guantanamo Closure, when he visited on July 2. I’m guessing he’s upset at the whole idea of closing Gitmo. (Defense Department photo)

It has been clear for some time that the current hunger strike crisis at Guantanamo can be laid squarely at the feet of John Bogdan, who heads the Joint Task Force Guantanamo Detention Group. In other words, he is the head of the guard force. As I noted in this post, Shaker Aamer’s attorney, in a statement to Andy Worthington, clearly blamed Bogdan for the actions that precipitated the hunger strike.

Yesterday, Judge Royce Lamberth dealt a severe setback to Bogdan, striking down one of his most needlessly abusive practices. From Charlie Savage at the New York Times:

A federal judge on Thursday ordered the military to stop touching the groins of detainees at the prison at Guantánamo Bay, Cuba, when they are moved from their cells to speak with lawyers. The procedure had led some prisoners to stop meeting with or calling their lawyers.

In a 35-page opinion, Judge Royce C. Lamberth, the chief judge of the Federal District Court for the District of Columbia, called the searches — which included guards wedging their hands between the genitals and thighs of the detainees as many as four times when moving them to a meeting and back to their cells — “religiously and culturally abhorrent” to Muslims. He portrayed the procedure as unnecessary and intended to “actively discourage” meetings with lawyers.

He said the warden, Col. John Bogdan, must return to a longtime procedure in which guards shake the underwear of detainees by the band to dislodge any contraband, but do not to touch their buttocks or genitals.

Savage goes on:

He also directed the military to allow detainees who are weak from hunger strikes to meet with their lawyers in the same buildings in which they are housed, and to stop using new transport vans that have low roofs that detainees had said required them to be painfully crouched while shackled.

Julie Tate at the Washington Post has more:

Lawyers for detainees had argued that the motivation for the search procedure was not to enhance security but to isolate detainees from their attorneys in an effort to crush a growing hunger strike at the base. The hunger strike began in February as a reaction to guards searching detainees’ Korans. More than two-thirds of the 166 detainees at Guantanamo are participating in the protest, with more than 40 being force-fed.

Lamberth said the military’s action had to be judged in light of previous actions that limited the ability of attorneys to meet with their clients.

“As petitioners’ counsel correctly noted during this Court’s hearing, ‘[t]he government is a recidivist when it comes to denying counsel access,’ ” Lamberth wrote.

Recall that when public pressure finally got high enough over the abusive treatment of Bradley Manning at the Quantico Brig (where he was forced to stand naked) the government replaced the Brig Commander and then transferred Manning from Quantico to Leavenworth, where his treatment dramatically improved.

In the case of Guantanamo, many of the hunger-striking prisoners Bogdan is abusing (see this post from Marcy for more abusive practices) are already cleared for release, so the government should move quickly to release them to get them away from further abuse. However, considering Bogdan’s shaky background (I have mused that he may well have trained death squads in Iraq) and the public attention generated by the ICRC showing up at Guanantamo ahead of its scheduled date due to widespread knowledge of the latest round of abusive practices, it is clear that one of the most affirmative actions the US could take toward diffusing the situation would be to relieve Bogdan of command immediately.

Do Barack Obama and Chuck Hagel have the courage to the right thing and send Bogdan packing? I’m not holding my breath.

Update July 14: I am very embarrassed to have missed this important development Jason Leopold reported on May 23:

Military attorneys representing former CIA captives detained in a top secret camp at Guantanamo have called on Secretary of Defense Chuck Hagel to examine whether the head of the prison’s guard force is fit for command.

Col. John Bogdan, the commander of Guantanamo’s Joint Detention Group, has been singled out by the defense lawyers for revamping dormant policies, such as inspections of Qurans and genital patdowns, that gave rise to a hunger strike, now entering its fourth month.

“Although we represent so-called ‘high value detainees, many of our concerns relate to the treatment of all prisoners, to include men whose internment appears to be indefinite” states a 13-page letter and signed by nineteen attorneys, including several who represent self-professed 9/11 mastermind Khalid Sheikh Mohammed and Abd al Rahim al Nashiri, the alleged architect behind the USS Cole bombing, sent to Hagel on Monday. “There has been a serious degradation in the quality of life for detainees in Guantanamo Bay over the past year. This change appears to have coincided with the arrival of the new Joint Detention Group Commander, Col. John V. Bogdan.”

The letter was also reported on by MSNBC, where their article also cited a Seton Hall study and made the suggestion that Bogdan has perjured himself.

Afghanistan Claims Zakaria Kandahari Arrested Six Weeks Ago

The continuing saga of Zakaria Kandahari, who has been at the heart of the torture and murder cases that prompted Hamid Karzai to ban US Special Forces troops from the Nerkh District of Maidan Wardak Province took another huge twist Sunday, as Afghanistan confirmed that they have Kandahari in custody. An important point to keep in mind while reading the accounts of Kandahari and the US personnel he worked with is that a strong case can be made that Kandahari most likely was affiliated with the CIA, either directly as an agent or as a contractor. US denials of Kandahari working for Special Forces then become a ruse, since even if Special Forces were present with him, they likely would have been tasked to CIA for those particular missions, providing deniability for the entire group with respect to the missions being carried out by US Special Forces, ISAF or NATO.

From the New York Times story on Kandahari’s arrest:

Afghan officials confirmed Sunday that they had arrested and were questioning Zakaria Kandahari, whom they have described as an Afghan-American interpreter responsible for torturing and killing civilians while working for an American Special Forces unit.

The arrest of Mr. Kandahari, who had been sought on charges of murder, torture and abuse of prisoners, was confirmed by Maj. Gen. Manan Farahi, the head of intelligence for the Afghan Defense Ministry. He said Mr. Kandahari, who escaped from an American base in January after President Hamid Karzai demanded his arrest, had been captured in Kandahar by the National Directorate of Security, the Afghan intelligence service. There had been speculation for the last three weeks that Mr. Kandahari was in custody.

The Times leaves out a few important details when they mention Karzai’s demand last January that Kandahari be arrested. Back in mid-May, they claimed it was the head of Afghanistan’s military who demanded the arrest and provided details on John Allen making false promises that he would be turned over:

Afghan officials investigated the events in the Nerkh district, and when they concluded that the accusations of misconduct by the team were true, the head of the Afghan military, Gen. Sher Mohammad Karimi, personally asked the American commander at the time, Gen. John R. Allen, to hand Mr. Kandahari over to the Afghan authorities.

According to a senior Afghan official, General Allen personally promised General Karimi that the American military would do so within 24 hours, but the promise was not kept, nor was a second promise a day later to hand him over the following morning. “The next morning they said he had escaped from them and they did not know where he was,” the official said.

Note that the Times said that there had been “speculation for the last three weeks” of Kandahari’s arrest. The article on the arrest in the Washington Post states that he was arrested about six weeks ago: Continue reading

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Emptywheel Twitterverse
bmaz Congratulations to @OKnox whose team actually stopped a touchdown drive.
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bmaz Lucky he wasn't shot and killed RT @Nick_Hentoff Man arrested after pointing banana at #police http://t.co/eO3RzZJu2N
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bmaz @PhilPerspective @walterwkatz @nytimes Sweet. Yeah I had missed that.
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bmaz @LegallyErin I bet there are a lot of people saying that in Chicago about now.
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bmaz @walterwkatz @nytimes What NYT piece, did I miss something?
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emptywheel @sluggahjells Perfect pumpkin pie--he's got a much better chef now.
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bmaz @LegallyErin You should be thankful that you have Jay Cutler under contract for the rest of the decade! Or, mebbe not....
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bmaz RT @LegallyErin: BEARS. You useless shitmongers!
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emptywheel @charlie_savage This year, anyway. Yes, I'm thankful for Da Bears at home.
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bmaz RT @LegallyErin: Here are my Three Phases as to the Bears: 1) Sure they will suck; 2) they suck; and 3) satisfied I was right to believe th…
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bmaz @MasaccioFDL And he is not tradable. Yikes!
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