Where in Europe is the CIA ‘gulag’?

UPDATED

The European Commision is investigating a report in Wednesday’s Washington Post that a secret network of CIA prisons for terror suspects includes sites in Europe.

Citing US and foreign officals, the Post says that that for more than four years, the CIA has run a “covert prison system” with sites in eight countries, including Thailand, Afghanistan, a small centre at Guantanamo Bay in Cuba — and “several democracies in Eastern Europe”.

The European sites are said to be ex-Soviet installations. The Post knows which European states are involved, but witheld them at the request of US authorities who fear terrorist reprisals.

If the reports are true, the secret jails would violate European human rights law, a fact that could have serious consequences, according to the Daily Telegraph:

… The justice commissioner, Franco Frattini, made clear that potentially severe legal and political consequences awaited any EU country, or any country seeking EU membership, if it was confirmed that its government had co-operated with the CIA programme.

Mr Frattini said that all member states “are bound” by international legal obligations, in particular the European Convention on Human Rights and Fundamental Freedoms and the Convention against Torture. In theory, nations can be suspended from the EU for grave breaches of such fundamental principles.

While a country of the size and standing of Poland is unlikely to be expelled, the dangers are acute for countries trying to join the EU.

So which European country might be involved? The Guardian’s report is representative of the speculation:

Poland and Romania are thought the most likely locations in Europe, according to the New York-based Human Rights Watch and Polish press reports.

Hungary, Slovakia and Bulgaria have denied involvement. The Czech interior minister, Frantiszek Bublan, said the US had approached Prague to build a camp but the request was turned down.

Bulgaria and Romania are scheduled to join the European Union in 2007 and are compelled to sign up to EU human rights standards. Eight other former Soviet bloc nations, including the Czech Republic and Poland, became members in May 2004.

Eastern European Nato members have been some of Washington’s staunchest allies in the “war on terror” and in Iraq.

The paper also suggests a motive for cooperating with the CIA:

…analysts pointed to the feverish competition among the east Europeans to host new US military bases.

The region’s new Nato members, particularly Poland, Romania and Bulgaria, have been among Washington’s staunchest allies in the campaigns in Iraq and Afghanistan, heightening speculation that they would be the likeliest venues for the secret jails. Romania and Bulgaria made military facilities available to the Americans for the Afghan and Iraq wars. The Pentagon is planning to dispatch 5,000 servicemen to a string of new bases in the two countries from next year.

The Independent has a bit more detail, from Human Rights Watch’s investigation into the movements of a Boeing 757 with the tail number N313P, one of the aircraft known to be involved in “extraordinary rendition” flights:

…in September 2003, it flew directly from Kabul to Szymany airport, near the remote Polish town of Szczytno, north of Warsaw, home to a training facility for the Polish intelligence service.

From there, the plane flew directly to Mihail Kogalniceanu air base, close to the Romanian city of Constanta on the Black Sea coast. The Pentagon is involved in negotiations to take over the airbase’s operation. Throughout 2004, the plane made a number of other visits to Kogalniceanu, on which the US has spent at least $3m upgrading facilities in preparation for taking it over.

In 2003 Kogalniceanu was used as the temporary location for more than 3,500 US troops on their way to northern Iraq.

The Post’s decision not to name names is proving controvertial. The Columbia Journalism Review’s blog, for example, quotes foreign policy analyst Peter Kornbluh:

“This is probably the most important newspaper capitulation since [the New York Times] yielded to JFK’s call for them not to run the full story of planning for the Bay of Pigs. By withholding the country names, the Post is directly enabling the rendition, secret detention, and torture of prisoners at these locations to continue. That is a ghastly responsibility.”

CJR itself is more charitable, sugggesting that the Post may have deliberatly allowed itself to be scoopted on an important aspect of the story:

To Kornbluh, it’s moot that the Financial Times came along and filled in the holes the Post left in its account. We’re not so sure. The editors of the Post have been around the block a few times; they must have known it was inevitable that this information would come out. From outside looking in, it appears their motive was not to keep the information secret, but rather to avoid being the first to expose the location of the “black sites.”

What we do know is that the Post is trying to have it both ways: Getting credit for breaking the story, without breaking the specific details that might have caused it grief from the CIA.

Which raises an old question: Is it the job of a newspaper to tell us what it knows — or to bend over backwards to hide information from us?

It seems like a reasonable analysis. In the age of the Internet, where interested readers can easily turn to other sources from around the world, perhaps all that matters is getting the core of a story onto the grid. The full(er) picture was clearly going to emerge in other papers’ follow-up stories within hours. Negotiating and retaining access to sources, particularly in the intelligence community, is an important aspect of journalism. If your goal is to get information that is in the public interest out in the open, maintaining those relationships is sometimes more important than stating what should be fairly obvious to intelligent readers.

The “bicycle theory” of the EU

The European Union’s ambassador to the United States, John Bruton, says Americans are “unfazed” by the EU’s constitutional difficulties.

EUObserver quotes a speech by the former Irish prime minister:

“They don’t see every problem as an existential crisis”, he said adding that Europeans tend to believe the “bicycle theory” whereby if the Union stops going forward it will fall over.

He makes some other interesting observations, too:

“Americans are not ignorant about Europe and many have a very deep knowledge of Europe. They are interested in what we are doing” …

UK role in CIA rendition flights

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The relaunched Guardian has a big feature about the UK’s role in “extraordinary renditions” — CIA flights that take terror suspects for interrogation in friendly third countries with dubious human rights records.

Precise numbers are impossible to determine. A report on renditions published by New York University school of law and the New York City Bar Association (PDF) suggests that around 150 people have been “rendered” in the last four years, but that is only an estimate. A handful have emerged from what has been labelled a secret gulag, and have given deeply disturbing accounts of horrific mistreatment.

Previous media reports have uncovered sketchy details of a British link to CIA abduction operations, but the full extent of the UK’s support can now be revealed. Drawing on publicly available information from the US Federal Aviation Administration, the Guardian has compiled a database of flight records which shows the extent of British logistical support.

Aircraft involved in the operations have flown into the UK at least 210 times since 9/11, an average of one flight a week. The 26-strong fleet run by the CIA have used 19 British airports and RAF bases, including Heathrow, Gatwick, Birmingham, Luton, Bournemouth and Belfast. The favourite destination is Prestwick, which CIA aircraft have flown into and out from more than 75 times. Glasgow has seen 74 flights, and RAF Northolt 33.

Denmark recently banned CIA rendition flights from its airspace.

The Guardian illustrates its feature with pictures of a U.S. military transport plane of a type thought to be used for renditions. But chartered private jets are also thought to be used in the practice, including one owned by the owner of the Boston Red Sox baseball team and a Gulfstream V with the fuselage number N379P.

Denmark bans CIA rendition flights

Denmark has told the CIA it can no longer use its airspace for flights used to transport suspected terrorists to other countries for interrogation, the Copenhagen Post reports.

The practice, known as extraordinary rendition, involves CIA-chartered private jets used to transport suspects to friendly regimes that are more open to using torture in investigations than liberal democracies.

Canada flexes Arctic muscles

For those who have missed it, the NATO allies Canada and Denmark are in a border spat over a tiny, remote island off Greenland north of the Arctic Circle.

The RCN has been conducting “Arctic sovereignty patrols” in the nippy region. In July, the RCN planted a flag on Hans Island, and the Canadian defense minister Bill Graham later made an unannounced visit, prompting protests from Copenhagen, which dispatched its own naval ships to region. Before things got ugly, the two countries decided to settle the dispute at the United Nations.

Now Canada is set to use a privatly-owned satellite to monitor the Arctic north, according to ministerial briefing notes obtained by the Canadian Press under the Access to Information Act, Candada’s Freedom of Information legislation:

Canada will be spending C$400m on images from the Radarsat 2 satellite, which will be launched next summer:

Passing over the North Pole 14 times daily, recording images of ships, aircraft — even pollution — at a rate of 3,000 square kilometres per second, it will be the linchpin in the Canadian military’s Project Polar Epsilon.

The documents insist that “Polar Epsilon has no connection to the U.S. ballistic missile defence program.”

Update: Here’s a post putting all this into context from the Canadian position.

Stealth expansion of government secrecy

In many countries, Freedom of Information laws are gradually emasculated by later legislation that specifically prohibits the disclosure of information.

This has even been a problem in the United States. As Julian Sanchez reports in Reason, it’s one of the things legislators are looking to strengthen in America’s Freedom of Information Act (FOIA):

One section of the OPEN Government act has already passed the Senate as a stand-alone bill. That law would attempt to eliminate “stealth exemptions” to FOIA by requiring Congress to explicitly identify any statues that would limit the public’s right to access information under FOIA. [Lucy] Dalglish, explains that as the law stands now, “I could spend a year going through the federal code and not know what’s covered. This gives us a warning: If a bill is proposed that limits FOIA, it’s not going to fly under our radar.”

It’s also a problem in the UK, where section 44 of the Freedom of Information Act 2000 prohibits any disclosure that “would breach another enactment or would constitute a contempt of court”. It’s an absolute exemption that can’t be overridden by a public interest test.

Unlike the Americans, British lawyers, activists and journalists don’t have to trawl the statute books to find out the true limitations of their FOIA: The Government has done it for them. According to a review (PDF) published earlier this summer by the Department of Constitutional Affairs, there are 210 British laws that bar disclosure under FOIA.

The DCA went to all this trouble for a pretty positive reason: They were looking for secrecy laws that might be worth repealing under Section 75 of the Freedom of Information Act.

The Americans should take a look at Section 75 of the UK FOIA, which allows the Secretary of State for Constitutional Affairs to Order laws that conflict with government openness. Unfortunatly, its first use only rendered eight secrecy provisions inoperative.

A further 40 have been earmarked to be removed, and another 19 will have had sunset clauses added. (Oh goody. This means you will now be able to get information collected under Schedule 2, paragraph 7 of the Energy Act 1976 after 1985.)

The DCA decided that the remaining 111 secrecy provisions should remain untouched.

The UK, on the other hand, should look at the provisions of the OPEN Government bill that require notification of any “stealth exemption” to FOIA carved out as a result of secrecy provisions in new legislation.

Why? Seven new restrictions on government openness were passed between the day the Freedom of Information Act was passed on 30 November 2000 and the day it came into force on 1 January 2005. They probably won’t be the last. Journalists and other people who care about openness in British government need to keep an eye out for the creeping narrowing of the Freedom of Information Act via “stealth exemptions” injected via Section 44.

What’s better in Britain than in the US

Lionel Shriver returns to the United States and reminds Brits what she is missing:

I’ve been exasperated to witness the same dwindling and consolidation of small dairy concerns in the UK that has destroyed the cup of coffee in the United States. British milk is merely pasteurised, whereas American agri-business deconstructs the stuff like Derrida, heats it to temperatures common to the planet Mercury, and then puts Humpty-Dumpty together again, a project famously unsuccessful. So dreary is even the full-fat version in the US that on cereal I actually prefer rice milk. As British superstores drive milk’s price to rock bottom and the country’s dairy farmers out of business, here I am yearning to pay more for this rare product. You have wonderful milk. Nurture it. American milk is rubbish.

Also better in Britain is the price of breakfast cereals, television news, and — if you’re in New York in August — the weather, believe it or not.

Bush meets German opposition

The German election in September could dramatically change that country’s foreign policy, putting it far closer to the Blair in Europe and Bush everywhere else.

Washington is wasting no time trying to warm to the conservative CDU opposition, which is widely exected to win the election and has said it wants to mend relations with the United States.

Yesterday, CDU foreign policy expert Wolfgang Schauble held an unscheduled 45-minute meeting with George W. Bush.

Significantly, though, Schauble reiterated that the CDU would not send German troops to Iraq.

London media scooped on bomb photos

Was the grainy, black-and-white x-ray photograph of a nail bomb that was splashed across the national papers’ front pages today a blow to the so-called “special relationship”?

The photos were leaked to ABC News, allegedly by sources in US law enforcement agencies with whom British police shared the evidence.

Despite a plea from the police last night not to publish the photos, a number of national newspapers — broadsheet and tabloid — carried them on their front pages.

It wasn’t the only recent leak of British materials in the United States. According to the BBC,

Soon after the bombings a Joint Terrorist Analysis Centre report leaked to the New York Times revealed that three weeks before the attacks British intelligence officials thought there was no group with the intent or capacity to attack the UK.

Now CNN that Met Commissioner Sir Ian Blair is concerned that the leak came from US agencies:

“I am concerned that some of the photos were supplied in confidence to some of our colleague agencies in the U.S. and were published there and subsequently around the world,” Blair said.

In the U.S., leading Congressman Pete Hoekstra said the leak could affect the relationship between intelligence agencies in Britain and the U.S.

Hoekstra, chairman of the House Permanent Select Committee on Intelligence, said: “We work on this stuff hand in hand and we can’t be looking over each other’s shoulder wondering who is leaking whose information.

“It’s impossible to know how tight police are being with the details in London but if the investigation is put in jeopardy, that would be a tragedy.”

In the age of the internet, asking people not to publish material already readily available in another jurisdiction is a futile excercise.

ABC did ignore the police request not to publish, but can perhaps be forgiven because publishing material from an ongoing investigation isn’t as big a problem in the US as it is in more Britain.

But what was the leaker(s) thinking? What interest is served by putting these images in the public domain? Am I missing something here?

Update: Via Liberal England, I learn that foreign media with foreign law enforcement sources have been beating their British counterparts since the very day of the bombings.

US Congress wants materials on 2002 UK Iraq memo

Fifty-two members of the US House of Representatives have filed a Freedom of Information Act request with the Pentagon, State Department, and White House asking, among other things, for documents regarding “the subject matter of the Downing Street Minutes of July 23, 2002” regarding a possible invasion of Iraq in 2002.

It’s a huge, broad request, for more or less everything to do with Iraq since George W. Bush became president, but it should be interesting to see what the Representatives get back. Some of it might also make waves here in the UK.

Who leaked the Downing Street Minutes?

Now that Deep Throat, the most most famous confidential source in journalism, has been outed, Kevin Drum has a new object for speculation: Who leaked the Downing Street Memo Minutes to the Sunday Times? Unlike here in the UK, the Times’ story on the 2002 meeting in Downing Street about Iraq is now a hot story in the US blogosphere.

Drum points to a story suggesting it could be Sir Christopher Meyer, the former UK ambassador to the United States.

The problem with this speculation is that the Sunday Times may not know the answer themselves. There is probably no smoke-filled scene in an underground carpark for the movie version of this story. For all we know, a brown envelope just happened to end up at the Sunday Times’ front desk.

Update: Freiheit und Wissen doesn’t want to know.

Bloggers and Fleet Street

Juan Cole — who is, we learned this week, the favourite blogger of both Seymour Hersh and John Simpson — looks at the role of American bloggers in ensuring that the U.S. media picked upthe Sunday Times’ reporting on the so-called Downing Street Memo:

If this story had broken in the 1970s, it probably would just have been buried by the mainstream US press and remained an oddity of UK’s Fleet Street. But here you have the Times of London actually acknowledging the wind under its sails from the blogging world!

[Times reporter Michael] Smith not only acknowledges the pressure put on the US corporate media by the bloggers, but he also points to a virtual social movement around the DSM, with emails and petitions circulating in the hundreds of thousands and giving the Democrats in Congress their first high-profile investigatory opportunity of the Bush presidency.

The seeping of blogistan into the pages of the Times of London with regard to its own scoops seems to me a bellwether of the kinds of changes that are being produced in our information environment by the blogging phenomenon. The gatekeepers at the New York Times and the Washington Post can no longer decide whether a leak is a story or a non-story. The public decides what a story is.

Cole’s analysis is also fair to American journalists, noting that they had to be careful about running a story where they could not get hold of a copy of the original document that was the key to a politically-sensitive story leaked in the midst of an election — remember where that got Dan Rather?

Downing Street memo story gathering pace in US

For weeks now, liberal American media activists, bloggers (and some journalists) have been perplexed about why the 2 May Sunday Times story about the 2002 Downing Street memo has not been picked up more widely by American newspapers.

But the campaign to publicise the story finally seems to be having some success. With Tony Blair in Washington, CNN, the New York Times and Houston Chronicle all ran stories about the memo on Wednesday.

CJR Daily has a good story of the storyas does Eric Boehlert at Salon.com. Think Progress effectively explains the significance of the memo in American politics.

(Via The Periscope and MoJo Blog)

Galloway provides culture shock

The most interesting thing about George Galloway’s performance in the Senate Permanent Subcommittee on Investigations yesterday was the way it highlighted the major differences in style between Westminster and Washington.

The Guardian’s Oliver Burkeman put it like this:

The culture clash between Mr Galloway’s bruising style and the soporific gentility of senate proceedings could hardly have been more pronounced, and drew audible gasps and laughs of disbelief from the audience.

Alex Massie also noticed in a sketch for The Scotsman:

The Senate has a reputation, many would say well earned, for ponderous and windy rhetoric. Snobbery is its lifeblood; stately sobriety its state of mind. Mr Galloway’s particular type of flamboyance would be considered the worst form of vulgar showboating in the Senate. Its members are not used to being accused of committing “schoolboy howlers” or to being lectured by witnesses and condemned for running a kangaroo court.

When it was his turn to speak, Mr Galloway drew frequent gasps of amazement from watching journalists and other interested parties, astonished at the chutzpah he was displaying. For the Americans in the audience, this was a new experience; for the Britons, it was all too familiar. Only the setting, the Dirksen Senate Office Building, was different.

Massie toned the piece down a bit for the American conservative magazine, the National Review.

But the clash of cultures has been a common theme in the American media commentary today.

Judith Miller, of all people, wrote the New York Times report on the hearing:

Galloway, accustomed to the rancorous debates of the British House of Commons, more than held his own before the committee. A flamboyant orator and a skilled debater, he attacked UN sanctions against Iraq, the program, and, above all, the American-led war to topple Saddam. The administration, he said, had based its invasion of Iraq on a “pack of lies” and was now trying to justify its actions with charges regarding the oil-for-food program and other allegations, which he called “the mother of all smoke screens.”

His aggressive posture and tone seemed to flummox Norm Coleman, of Minnesota, the first-term senator who heads the Senate panel. But after the hearing, Senator Carl Levin, of Michigan, the ranking Democrat on the Senate subcommittee, joined his Republican counterpart in describing Galloway’s dramatic testimony as good political theater, but “not credible.”

The Los Angeles Times noted that he “testified under oath and without immunity but used harsh language that shook up the typically staid hearing room”. The Washington Post was abit more understated, calling him a “formidable debater”.

The best headline award, however, goes to Gotham’s Murdoch tabloid, the New York Post, which screamed, “BRIT FRIES SENATORS IN OIL

Update: Massie article links were added after the initial post.