02/22/13 – Andy Worthington – The Scott Horton Show

by | Feb 22, 2013 | Interviews | 4 comments

Andy Worthington, author of The Guantanamo Files, discusses the US’s very low standards for kidnapping and torturing suspects in the War on Terror; the continuing “colossal miscarriages of justice” for innocent victims; the Spanish courts taking action after the US failed to hold anyone accountable; the political cowardice preventing the release of Guantanamo prisoners cleared by Obama’s task force; and why indefinite detention without trial is the hallmark of dictatorships, not democracies.

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Okay, first guest today is our friend Andy Worthington.
His website is AndyWorthington.co.uk.
The book is The Guantanamo Files.
His movie is called Outside the Law.
And of course, he writes for the Future Freedom Foundation at FFF.org.
And his latest piece is America's Disappeared.
Welcome back to the show, Andy.
How are you doing?
Hey, Scott.
Always good to talk to you.
Very happy to have you here on the show.
And it's a hell of a topic here.
The unaccounted for from the terror war so far.
We're not talking about all the collateral damage from the drone strikes, but the CIA kidnapped, I guess.
And somehow it escaped my attention that you participated in a very major way in writing a United Nations report about the CIA's disappeared.
Is that right?
Yeah, that's right.
Yeah.
How the hell did I not know that?
When was that?
I don't know, to be honest, Scott.
Actually, I worked on that in the fall of 2009.
The report came out in February 2010, I think it was, was discussed in the UN a few months after that and then really, you know, was kind of on the record.
But of course, you know, there were so many things with the UN.
Different countries have their own different ideas about what should and shouldn't happen.
And but, you know, it was a it was a I'm very pleased to have been involved in in putting together something that that so comprehensively at the time attempted to, you know, tackle the the unaddressed issues of who were all these people and what the hell happened to them.
Yeah.
So I suppose, you know, I didn't I didn't particularly talk about my involvement at the time as it was, you know, coming out under the auspices of the UN, really.
Yeah.
Well, I wish you had.
I would have known about it then.
But anyway, I'm glad I know now.
And if people go to FFF.org and you look at this piece, America's Disappeared, you'll find all the links to everything relevant, all the PDF files and all the official documents.
And yeah, that is extremely important that you help get this, you know, as a matter of the permanent record, not just your great book and our great journalism, but as something officially sanctioned by somebody state anyway, that seems to be meaningful to the other governments, you know?
Yeah.
Well, I hope so, you know, but but, you know, as you say, it's it's kind of, you know, all you're hinting at, it's putting evidence out there when there's no, you know, no real court, no court of public opinion, no, no media accountability, no, no anybody really saying, you know, hey, I think we we really need to sort out, you know, exactly what's been going on for the last 11 years.
And, you know, we need some accountability for the actions that took place.
We need to know who these people are and what happened to them.
And my fear, really, Scott, you know, you you mentioned drones at the beginning, my fear, and it's a very real fear.
And I would I would be able to back this up with evidence should anybody want it, is that everything that the United States government and its agencies claim is reliable intelligence when they're pinpointing people either to be disappeared or to be, you know, summarily executed by drone attacks is that the intelligence is really not very trustworthy.
The people that that that are being relied upon to provide them with with valid information about who the bad guys are are quite often the bad guys themselves.
And what they've managed to do is they've managed to get themselves into a position where they're trusted and they get the United States to get rid of their, you know, their rivals for them.
This has been happening since the earliest days of the war on terror in Afghanistan, where essentially, I think, you know, the best way of putting it would be that that, you know, operationally, the United States was winning by early 2002 in Afghanistan.
And what they then did was that they very, very, very enthusiastically snatched defeat from the jaws of victory by by starting to hook up with people who were on the wrong side, who then used them for, you know, for a long period, I think, probably a period of about two years, used them to remove their rivals and their enemies.
And many of these people ended up in Guantanamo.
You know, the literally dozens of people who ended up in Guantanamo who'd actually been working on the US side have been working with President Karzai had demonstrably been part of the movement against the Taliban and against al Qaeda, but who had been shopped by rivals of various kinds.
And nobody had bothered to to find out whether they'd got the wrong guys or not, or whether the people they were working with were trustworthy or not.
And so I think, really, the same thing happened with this terrible, dark network of secret prisons where people equally uninvolved in any kind of militant or terrorist activity were swept up.
And the same thing is happening with the poor people who are being atomized by drone attacks.
Well, so, I mean, it sounds like, really, this is all just a symptom of them suspending all the rules, right?
After September 11th, they said, well, Geneva Conventions, none of these things apply.
So even though the US Army already for 160 years or whatever, had their process for identifying who they think is valuable and who they don't on the battlefield in their prisoner of war standards and whatever, their little hearings and all of that was suspended, every bit of it.
So they didn't have the process for collecting what they call intelligence at all, really.
So intelligence, as you're saying, just became, hey, whatever somebody told them.
Here's $5,000.
Tell me who to kill or tell me who to kidnap.
And it sounds to me like what you're saying is that on this basis, they decided who goes to the local jail, who goes to Guantanamo, or who gets sent off to be tortured in a dungeon beneath Bangkok somewhere by the CIA until he died.
Yeah.
And so it wasn't just Ramzi bin al-Shibh and Khalid Sheikh Mohammed and people that they were actually looking for that went into CIA custody.
It was a bunch of nobodies also.
Yeah, well, I mean, I think what's pretty clear is that, you know, once they got started, they got pretty enthusiastic about it.
And it seems very clear that what happened is that any standard, any kind of rigor in their standards flipped horribly.
And there was a period of, I don't know how long it would be, but, you know, certainly a year at least, I would say, where really nothing more than a hunch was sufficient for people to be kidnapped, rendered halfway around the world, sent to torture dungeons.
You know, there were guys in Guantanamo that that happened with.
There was some poor kid whose dad had died, and he had assets in Indonesia, and he'd gone out there to sort out his dad's estate.
And he'd ended up hanging around with some, you know, with some loudmouth kids who were pretending that they were bad guys.
And what he didn't know was that these guys were being bugged by the Indonesian government, who then gave the information to the United States.
Analysts in the United States said, you know, we don't think this guy is anything more than a big mouth.
We really don't think there's anything to it.
But they were overridden by, you know, somebody else who had this, you know, enthusiastic mandate for kidnapping people and sending them to be tortured.
So the kid gets sent to Egypt, you know, one of the most notorious places for torture.
You know, America's great friends under President Bush.
And, you know, he's tortured there and then ends up being sent to Bagram and ends up eventually in Guantanamo.
And, you know, he's been in the media over the years.
He ended up a broken man walking around, you know, using a walker to get around and, you know, relying on a vast number of pills just to keep him even barely functioning, you know.
And it was based almost on nothing, you know.
And so stuff like this happened all the time.
We had Khalid al-Masri, who recently at least won a victory in the European Court of Human Rights about his kidnapping in Macedonia and where the Americans then got involved and sent him to a torture prison in Afghanistan because he had the same name as somebody who allegedly helped the 9-11 kidnappers.
Same name, not the same person.
Completely the wrong person.
And eventually George Tenet, when he heard that they had an innocent man and a case of mistaken identity in this torture dungeon, ordered him to be released.
You know, now this guy's got a small amount of money off Macedonia for what happened to him, but, you know, where's the accountability?
Where's the who ultimately is responsible for these things?
And the United States behaves and has behaved since 9-11 as though nobody is responsible for colossal miscarriages of justice.
Right.
Well, and that's the thing.
Well, although, you know, to skip ahead to the end of the article, you do point to some bright sides, which is that in Europe there has been some accountability, the beginnings of accountability and maybe the establishment of a trend.
And I want to get back to some details, but talk about that for a minute.
Well, you know, there are investigations ongoing.
You know, there's a longstanding investigation going on in Poland into who knew what about the torture prison that was on Polish soil, where Khalid Sheikh Mohammed and various other people were held for.
It was the thing was operational for less than a year.
It was the follow on from Thailand, where they had the first outsourced torture dungeon for the CIA to play in, which lasted, I don't think, for that long before the Thai government said, you know, move along, guys.
You know, there are attempts at accountability in Lithuania and Romania, where they were also secret prisons, although the Romanian government has absolutely categorically refused to acknowledge anything about it, even though evidence exists to prove that it was there.
You know, we, I think, may see these things going somewhere in Europe, like with Khalid El-Masri, where we actually get a judgment that he was subjected to torture from the European Court of Human Rights, which is, you know, significant.
And the problem is that no one has the ability to force the United States to do anything about it.
So in Poland, for example, there, you know, they've they've asked the Justice Department to cooperate with their senior investigation, senior level investigation, very high, important investigation into what took place.
And the Justice Department is just absolutely refusing to play ball at all.
What can you do if the United States does nothing?
Well, you know, same situation we have in Italy, where there was an extraordinary ruling back in November 2000, October, November 2009, that the 22 CIA operatives, up to quite a high level, and a military US military figure, were all were all guilty of kidnapping and sending to torture a cleric, an Egyptian cleric, Abu Omar, who was, you know, literally kidnapped in broad daylight in a street in Milan, and sent to be tortured in Egypt.
And, you know, that one keeps going on.
We just had a very recent ruling where a senior Italian intelligence figure has received a 10-year sentence for his involvement in that.
Yeah, Pallari, the guy that helped with the Niger uranium forgeries.
I just thought that was great.
He's going to prison for something.
Yeah.
But, you know, it's a judgment against these people in the sense that obviously none of these guys are going to be traveling to Europe.
And, you know, the United States government has obviously refused to send any of these operatives to actually answer for their crimes in Italy.
But, you know, that judgment weighs on them.
And, you know, in a broader sense, I think what we've seen for many years now, Scott, is that the George W. Bush and his senior officials are, you know, reluctant to travel to countries where anybody might hold them to account for the crimes that they authorized.
And I mean, you know, it probably doesn't bother George W. Bush in particular that he, you know, can't travel much internationally.
I'm sure he's happily retired and not wanting to do very much.
I don't know whether the same applies to Dick Cheney and to Don Rumsfeld.
But, you know, it's limited the sphere of their operations.
And it indicates that history will not judge them as they want to be judged, which is, you know, the good guys who did some difficult but robust things that were required.
Right.
That the history books are going to say these unindicted war criminals got away with it to the end in the sense that nobody put them on trial.
But everybody knows that what they did was monstrously wrong.
So, you know, I suppose we're getting to somewhere where it is possible to feel that the right judgments are being made overall, given the long view.
But it's, you know, it remains really, I think, really quite depressing that accountability is completely off the table within the United States.
Well, yeah, and it's going to be that way for a while.
But, you know, the ruling in Spain, I guess the excuse to not pursue prosecution of the Bush administration lawyers in Spain was that, well, we've got to give the Americans a chance to do it.
And it seems like now, you know, since the decision by the special prosecutor to not proceed beyond a preliminary investigation into even murder in C.I.A. custody, torture to death in C.I.A. custody, that, you know, I don't know if there's a judge/prosecutor type in Spain who's got the political courage to try such a thing again.
But it seems like that hurdle has been passed now that no one's going to be able to argue we got to give the Americans a chance because, of course, now it's the opposite party's been in power.
And in fact, it's in the WikiLeaks that Bradley Manning heroically liberated that show that the Obama administration put inordinate political pressure on the Spanish.
They picked up right where the Bush administration left off into trying to do everything they could to quash that.
And I guess, yeah, well, absolutely.
And I don't know what the situation is in Spain.
I know that, you know, in Spain there have been attacks on Garcon, who is the kind of super judge who'd been driving a lot of this.
I know that there have been attacks within Spain, you know, formal attacks, you know, with the backing of the United States.
I'm absolutely sure on Spain's universal jurisdiction rules, which enabled, you know, them to go after crimes that had taken place that didn't specifically involve Spain.
So that had been tweaked so that Spanish individuals had to be involved in some way.
And, you know, there were Spanish citizens who ended up in Guantanamo.
So that provides, you know, some kind of connection in that way.
But as I say, I know that what was happening was that the very ability of the Spanish judicial system to take on, you know, crimes against humanity, if you like, that had been committed by other countries was something that was being attacked very clearly by the United States, because it's the United States that, you know, doesn't want to be held accountable for the actions of its very highest officials.
And, you know, the route that is being tried in certain cases through the International Criminal Court is something that, you know, the U.S. refused to sign up to.
You know, it ought to be somewhere that things would be possible.
But, you know, that's clearly not going to happen.
Isn't that funny?
America is one of those third world dictatorships that needs the ICC to come and intervene when, you know, the whole thing is power in this country is supposed to come not from any queen, but from the bottom up and where it's our job to make sure that these people are prosecuted for the crimes that they commit and not turn it over to any bureaucrat in Brussels.
I mean, this is how countries lose their independence.
This is these are the kinds of excuses that the U.S. government uses to violate the independence of other nations is look at what they do.
And that's exactly the same description of the USA right now.
Yeah, well, that's very well put, Scott.
You know, that's the problem.
And I mean, how the people do hold their own government accountable, I don't know.
I mean, it seems to me that, you know, the very, very big picture of all of this is that this is the famous military industrial complex.
I would say the military industrial intelligence complex, you know, ragingly out of control and one that, you know, either will will suck in the administration kicking and screaming or will apply pressure and persuade them to become involved.
I think it's pretty clear that, you know, that Obama has bought into the, you know, the existential threat story.
You know, it's been very clear from even before he became the president that he, you know, was not not a dove on military issues at all and was, you know, was very happy to be involved in the Afghanistan Pakistan area.
You know, the American people need to find some way to, you know, to try and have an administration that wants to, you know, drastically reduce the amount of the insane amount of money that is spent on America's military empire building project in all those dozens and dozens and dozens of countries around the world, which is killing the United States economy, I believe.
Yeah, well, just like all throughout human history, empire is suicide.
You know, it feels good for a little while, but then it hurts real bad.
That's basically the story.
All right.
Now, I'm Scott Horton.
I'm talking with the great Andy Worthington.
He's the author of the Guantanamo Files, and he's the director of the documentary Outside the Law and writes, of course, for the Future Freedom Foundation at FFF.org.
And so I was hoping we could go through some of the numbers at Guantanamo Bay, because I think, you know, it's just out of the news now.
It's not a controversy anymore that the Democrats are in power, of course.
But, you know, to people who go beyond that kind of thinking, it still matters.
So how many people are still there?
How many of them have already been told by the court, you're free to go?
Well, court-ordered releases, not many, Scott.
But, you know, the Obama administration, President Obama appointed a task force when he came into office, you know, four years ago of officials and lawyers from all the relevant government departments and from the intelligence agencies.
And they very carefully went through the cases of all the men held there.
And of the 166 men still held, they said, look, you know, 86 of these are not people that it is in the interest of the United States to carry on holding forever or to put on trial.
These are people that we are approving for release from Guantanamo.
Now, you know, there are two categories of those prisoners in the sense that 30 of them, who are Yemenis, the task force invented a category for them of conditional detention and said, you know, these guys should be held until somebody, they didn't specify who or how, ascertains that or considers that the security situation in Yemen has improved sufficiently for them to be released.
But nonetheless, they were, you know, they joined the rest of the people of, you know, who were cleared for release, approved for transfer is how they carefully describe it.
But this is over half of the men in Guantanamo who were told over four years ago, you know, we don't want to keep holding you.
And, you know, at the time, there were more prisoners who were told this.
And, you know, dozens of those people were sent home or resettled in third countries when it wasn't safe for them to return home by the Obama administration.
And I think that, you know, we should all recognize that that involves quite a considerable amount of effort, and that that was a job well done up until the point at which the door slammed shut.
And nothing has happened since.
And that was almost two and a half years ago.
It was partly because of deliberate, very deliberate and very cynical and opportunistic obstruction, I believe, in Congress.
And it was also because of weakness on the part of the president himself, that pretty much the release of prisoners from Guantanamo has dried up.
I mean, really, just a handful of people have been released in the last few years.
And, you know, and it apparently is somehow acceptable that you go through a process of, you know, a very sober, official, high level process of deciding whether to hold people or not.
You tell people that they're not wanted in custody anymore and that their long, long ordeal can be brought to an end and they can go home.
And then you say, actually, no, they proved to be inconvenient to release you and nobody cares.
Now, you know, just imagine if the situation had even arisen, that for 10 or 11 years, some dastardly foreign power had been holding American citizens without any form of due process or any acceptable, recognizable means of holding them that was internationally recognized and then said, we're going to have a process of determining whether we're going to carry on holding you or not.
And then said, oh, you're all free to go.
But then down the line said, actually, we've discovered that it's a bit tricky to actually let you go.
So we're not going to do.
They would rightly be lambasted as a, you know, as a monstrous dictatorship that not only was imprisoning people unfairly and unjustly, but was also pretending that there were mechanisms in place for authorizing their release and freeing them and then turning around and slamming the door shut of them again and saying, ah, no, we were kidding when we said that you were free to go.
We only meant if we didn't encounter any kind of difficult political decisions that we had to deal with ourselves.
And I'm sorry, but our lawmakers don't like it.
So you're stuck here for the rest of your life.
One of these guys died in September, Scott, as you know.
And, you know, that made the mainstream media in the United States, which is unusual because most of the mainstream media doesn't even do Guantanamo death stories anymore because they go, hey, a prisoner died.
We already did that.
They didn't.
You did the story of a man who died in Guantanamo when another man died in Guantanamo.
He's an individual human being with his own life and story.
He's not just a oh, it's a Guantanamo death story again.
You know, so this one was covered in the mainstream media.
But, hey, you know, everybody moved on again.
You know, this was a man who was first told in 2004 that he wasn't wanted anymore.
Suddenly the official paperwork exists to prove that a determination was made by the authorities at Guantanamo in December 2006 that he should be released.
But he's a Yemeni.
You know, Obama's task force said that he should be released as well.
But the Yemeni problem is that because some Nigerian guy tried to blow up a bomb in his underwear at Christmas 2009, and then there was this hysterical backlash against releasing any Yemenis, they all got banned from being released.
And President Obama introduced that ban specifically himself.
He capitulated to the hysteria that followed the capture of this guy who'd apparently been recruited in Yemen.
What's this got to do with the guys in Guantanamo who had been cleared for release by the president's own task force?
Well, you already said what the connection is.
It's a little bit tricky politically.
If one of them ever picked up a rifle again, then that would cost the Democrats one point.
Yeah.
That's it.
So what we're dealing with, Scott, I mean, just for your listeners to to completely comprehend here is that the United States at Guantanamo has a system of indefinite detention without charge or trial.
The kind of thing that should you present that as a fait accompli to American citizens, they would recoil in horror at the fact that their government can imprison people without any kind of process whereby they can be released.
You know, indefinite detention is the hallmark of a dictatorship.
You know, you don't get a trial.
You don't get to be released.
Your entire life is at the whim of the government.
And at Guantanamo, both by accident and design, these 166 men are held in that position.
Now, you know, we've all heard that these pathetic excuses for trial are progressing at Guantanamo in the case of Khalid Sheikh Mohammed and a few other people.
But everybody else at Guantanamo is either the people cleared for release who are not going to be released and they're going to die there.
Like Adnan Latif, the guy who died in September, unless somebody does something about it because it was inconvenient to release people that you said you didn't want to hold.
That's the accidental form of indefinite detention.
And then there's a group of 46 men at Guantanamo that President Obama's task force said to him, you should carry on holding these guys indefinitely because we regard them as too dangerous, but we don't have the evidence to put them on trial.
Now, alarm bells should start ringing.
That means it's not evidence.
It's a strange bag of nonsense masquerading as evidence, which is coerced statements and the kind of dubious statements made by people in Guantanamo that litter the supposed evidence.
Well, and it's their guilty conscience, too.
Hey, if you knew what we did to this guy, you'd be afraid of him, too.
You know, maybe like Thomas Jefferson said about the slaves.
Well, geez, we have the wolf by the ears.
If we let him go, he's going to bite us on the face.
Well, you know, there may be I mean, there is definitely some truth in that.
But you have to get over that.
You have to be man enough to get over that and say mistakes have been made.
And the principles are important.
And none of these people.
There's your fingernails back.
Sorry about releasing people who are anxious to commit international terrorist atrocities.
We're talking about people who, you know, at best have been in Afghanistan because they supported the Taliban.
Right now, I'm sorry.
We're almost out of time.
Tell me real quick, how many people who were given to CIA custody are still unaccounted for, Andy?
Real fast.
I don't know.
Actually, I haven't examined it in any detail, but I expect that it's dozens of people who's whereabouts are unknown.
Now, you know, the fact is that a lot of these people were stealthily returned to their home countries that at various points, you know, we found out, I think, back in 2006 that that had happened with a lot of the Libyans.
And now this wasn't an official story.
It came about through some very good reporting and investigative work.
Now, this undoubtedly happened in the cases of other people.
But, you know, I think that what lies behind this at the bottom of it all is that people died in U.S. custody who we haven't even heard about.
You know, so the two things are worrying.
One is that people were returned to regimes that probably killed them, as they did with Ibn al-Sheikh al-Libi, the man who was inconvenient to everybody because under torture in Egypt, this Libyan man produced a lie that helped to take U.S. to war in Iraq, that al-Qaeda had been getting chemical weapons stuff from Saddam Hussein, a total lie produced under torture.
And he was killed by Colonel Gaddafi when Colonel Gaddafi was still our friend.
So, you know, that's a horrible story.
But I think, yeah, I think some of the other people who ended up in these in these black sites were also died there.
But how are we going to know if nobody will tell us who they were or what happened to them?
Well, and that's the thing is that very preliminary review to see if there ought to be a preliminary review to see if maybe someone ought to think about calling a grand jury kind of thing that they did was finally narrowed down.
All torture questions were left out.
They finally narrowed it down to what they claimed were the only two cases of accidentally tortured to death in CIA custody.
But like you just said, we don't really know that.
We just know that that's what they say.
Yeah.
And then, of course, they decided, no, we should not have an actual preliminary review.
And so that was the end of that.
No, it's kind of absurd, isn't it?
You know, it's worse than absurd.
You could.
I'm sorry, Andy.
We got to go, dude.
I'm over time.
You're the best.
Thank you so much for all your journalism and all your time on the show.
All right, Scott.
Thanks very much.
I'm sorry.
My fault.
All right.
That is the heroic Andy Worthington.
His website is Andy Worthington dot co dot UK.
And he writes at FFF dot org, the Future Freedom Foundation.
This one is called America's Disappeared.
And the book is the Guantanamo Files back, you know, profiles of all 700 and some people who were ever held there.
Seven hundred sixty something, I think.
And the movie, the documentary is called Outside the Law.
Hey, everybody.
Scott Horton here.
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