Ridiculous to be rigorous in a war with out-of-uniform combatants from radical Islam. Clinton recapped the arguments on both sides for Gore: 'Lloyd says this. (Updated with publication of summary of SSIC report.). [60] Jeppesen was named as a defendant in a lawsuit filed by the ACLU on 30 May 2007, on behalf of several other individuals who were allegedly subject to extraordinary rendition. [67] Abu Omar was kidnapped as he walked to his mosque in Milan for noon prayers. outside the law (see: kidnapping). "Extraordinary rendition," however, is a rendition which is extralegal, i.e. His statement also laid out the current UK Government view on Extraordinary rendition; Our counter-terrorism relationship with the United States is vital to UK security. 'It served American purposes to get these people arrested, and Egyptian purposes to get these people back, where they could be interrogated.' It was a war of choice taken to "preempt" future Polish aggression against Germany. The Portuguese general prosecutor, Cândida Almeida, head of the Central Investigation and Penal Action Department (DCIAP), announced the opening of investigations on 5 February 2007. Furthermore, there have been several well documented instances of the rendition of innocent people, who have been kept incommunicado for months or years in a clear violation of their human rights. In several cases, this questioning has clearly included torture, which is not a legal, ethical, or sensible method for extracting information. The Washington Post detailed the existence of these so-called “black sites” in 2005, in an article which also discussed the techniques used to move detainees from nation to nation without detection. Suspects are detained and interrogated either by U.S. personnel at U.S.-run detention facilities outside U.S. sovereign territory or, alternatively, are handed over to the custody of foreign agents for interrogation. [181] This order specifically addresses the practice of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States. P.L. [52] The CIA reportedly launched an investigation into such incidents of "erroneous rendition". The article went on to suggest that this may make Jeppesen a potential defendant in a lawsuit by Khaled El-Masri. On the other hand, Dick Marty explained the difference of approach concerning terrorism between the EU and the US as following: While the states of the Old World have dealt with these threats primarily by means of existing institutions and legal systems, the United States appears to have made a fundamentally different choice: considering that neither conventional judicial instruments nor those established under the framework of the laws of war could effectively counter the new forms of international terrorism, it decided to develop new legal concepts. After the attacks against the United States of September 11, 2001, the Central Intelligence Agency conspired with dozens of governments to build a secret extraordinary rendition and detention program that spanned the globe. The United States prosecuted Japanese interrogators for “waterboarding” U.S. prisoners during World War II. Thus, the rendition program has allowed agents of the United States to detain foreign nationals without any legal process and, primarily through counterparts in foreign intelligence agencies, to employ brutal interrogation methods that would be impermissible under federal or international law, as a means of obtaining information from suspects. 109-13) that it will not authorize the funding of any program that "subject[s] any person in the custody or under the physical control of the United States to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the Constitution, laws, or treaties of the United States." to justify a position when it is quite obvious that there is little (if any) understanding of those conventions. The USA should be allowed to seize foreign nationals it deems terrorists and spirit them away to third nations for the purposes of detainment and interrogation. [143] He claims he was abused on the Aviano Base and endured prolonged torture in Egypt. Proponents argue that extraordinary rendition is the only way to get time-sensitive and crucial information into the right hands. [132], Business daily Handelsblatt reported 24 November 2005, that the CIA used an American military base in Germany to transport terrorism suspects without informing the German government. See www.whitehouse.gov/news/releases/2005/04/20050428-9.html. [90] Photos of Robert (Bob) Lady and other defendants recently have surfaced on the Web. Pressured Allies", Italy indicts 31 linked to CIA rendition case, Italian judge convicts 23 in CIA kidnap case, Italy trial of CIA kidnapping case begins, Italy appeals court ups US sentences in CIA trial, "Italy Convicts 23 Americans for C.I.A. However, despite Marty's claims, the European Parliament investigations uncovered cooperation between European secret services and governments and the extraordinary renditions programs, making such a clear-cut distinction over-simplistic (see below). Wikibuy Review: A Free Tool That Saves You Time and Money, 15 Creative Ways to Save Money That Actually Work. [32], An early case involves Israel's rendition of Adolf Eichmann from Argentina in 1960. 2) robs us of the moral high ground and our justification for leadership in the world. "[95] The rest of the report remains classified. To the best of my memory, that is a lie. Until May 2013, Stacy Cammarano was a legal researcher intern with the Open Society Justice Initiative. In addition to questioning people under questionable circumstances, extraordinary rendition also appears to be linked to secret detainment facilities as well. [1][2][3], The first known foreign rendition by the US was that of airline-hijacker Fawaz Younis, lured on a yacht off the coast of Cyprus in September 1987, taken to international waters, abducted, and brought to the U.S. for trial, on President Ronald Reagan's authorization. On 4 November 2009, after a trial in absentia, an Italian judge found 23 Americans (names listed here) and the two Italians guilty. In December, 2014, the committee released a redacted 525-page portion of the report, which included its key findings and an executive summary of the full report. [160], Franco Frattini the European Union Justice Commissioner requested an explanation from the governments of Poland and Romania about the accusations made by Dick Marty. [5] The administration of President George W. Bush rendered hundreds of "illegal combatants" for US detention, and transported detainees to US-controlled sites as part of an extensive interrogation program that included torture. [91], Marco Mancini, the SISMI director of anti-terrorism and counterespionage, and Gustavo Pignero, the department's director in 2003, have been arrested on charges of complicity in a kidnapping, with the aggravating circumstances of abuse of power. The police took them to Bromma airport in Stockholm, and then stood aside as masked alleged CIA operatives cut their clothes from their bodies, inserted drugged suppositories in their anuses, and dressed them in diapers and overalls, handcuffed and chained them and put them on an executive jet with American registration N379P. [162][163][164] Diplomatic cables exposed in 2010 by WikiLeaks suggest that the United States government including the American ambassador, worked with parts of the Spanish government to subvert the Spanish judicial process to control and ultimately stymie and thwart the investigation. For example, the Geneva Convention only holds and applies if both sides are signatories and abide by the rules. The New Yorker was also instrumental in exposing the practice of extraordinary rendition. A series of Department of Justice memoranda authorized torture methods that the CIA applied on detainees. Extraordinary Rendition Law and Legal Definition The term extra ordinary rendition means the transfer of a person suspected of being a terrorist or supporter of a group to a foreign nation for imprisonment and interrogation on behalf of the transferring nation. [39] He acknowledged that treatment of prisoners may not have been "up to U.S. standards": This is a matter of no concern as the Rendition Program's goal was to protect America, and the rendered fighters delivered to Middle Eastern governments are now either dead or in places from which they cannot harm America. On 22 February 2008 a report from Amnesty International stated that there was an "admission by the US and UK governments that two rendition flights had landed in. All but one of these 11 high-value al Qaeda prisoners were subjected to tortured by the CIA, sometimes referred to as "enhanced interrogation techniques" authorized for use by about 14 CIA officers. Investigations by news organizations including the Los Angeles Times,[138] The Nation,[139] and Der Spiegel[140] identified James Kovalesky (alias James Richard Fairing), Harry Kirk Elarbee (alias Kirk James Bird), and Eric Robert Hume (alias Eric Matthew Fain) as pilots working for Aero Contractors, a CIA flight contractor based in Smithfield, N.C. CBS News identified Lyle Edgard Lumsden III as a US Army captain who "retired in 1992 from active duty, having served as a physician's assistant" whose last known address was "the Washington DC area". Mission accomplished, as the saying goes. [153], In 2002, the Council of Europe's then-Commissioner for Human Rights Alvaro Gil-Robles witnessed "a smaller version of Guantanamo", he told France's Le Monde newspaper. 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. In both instances, interrogation methods are employed that do not comport with federal and internationally recognized standards. [156], Portugal opened up an investigation concerning CIA flights in February 2007, on the basis of declarations by Socialist MEP Ana Gomes and by Rui Costa Pinto, journalist of Visão review. In December 2005, an Italian court issued a European arrest warrant against 22 CIA agents suspected of this kidnapping (including Robert Seldon Lady, Eliana Castaldo, Lt. Col. Joseph L. Romano, III, etc.[86]). ", Mr Falkoff, representing Ahmad, continued: "There is only one meaning that can be gleaned from this short passage," the petition says. So the CAT prohibits the U.S. from transferring someone from U.S. soil to Egypt to be tortured, but if they're sending the person from Pakistan it's OK? Extraordinary rendition is the transfer—without legal process—of a detainee to the custody of a foreign government for purposes of detention and interrogation. Col. Steven Kleinman, Jack Cloonan, and Matthew Alexander stated in a letter to Congress that that U.S. interrogation policy “came with heavy costs” and that “[k]ey allies, in some instances, refused to share needed intelligence, terrorists attacks increased world wide, and Al Qaeda and like-minded groups recruited a new generation of Jihadists.”. Maher Arar was eventually released a year later. Michael John Garcia, Legislative Attorney American Law Division. The program was intended to protect America. Extraordinary rendition, also called irregular rendition or forced rendition, is the government-sponsored abduction and extrajudicial transfer of a person from one country to anot After almost two weeks, enduring hours of interrogation chained, he was sent, shackled and bound, in a private jet to Jordan and then Syria, instead of being deported to Canada.

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