In our name

This front-page WaPo expose is a fine piece of journalism, if for no other reason,that the CIA’s secret facilities have been the subject of so little scrutiny.

The CIA has been hiding and interrogating some of its most important al Qaeda captives at a Soviet-era compound in Eastern Europe, according to U.S. and foreign officials familiar with the arrangement.

The secret facility is part of a covert prison system set up by the CIA nearly four years ago that at various times has included sites in eight countries, including Thailand, Afghanistan and several democracies in Eastern Europe, as well as a small center at the Guantanamo Bay prison in Cuba, according to current and former intelligence officials and diplomats from three continents.

There are several interesting angles to the report, but one that stands out is the ongoing legal question.

It is illegal for the government to hold prisoners in such isolation in secret prisons in the United States, which is why the CIA placed them overseas, according to several former and current intelligence officials and other U.S. government officials. Legal experts and intelligence officials said that the CIA’s internment practices also would be considered illegal under the laws of several host countries, where detainees have rights to have a lawyer or to mount a defense against allegations of wrongdoing.

Host countries have signed the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as has the United States. Yet CIA interrogators in the overseas sites are permitted to use the CIA’s approved “Enhanced Interrogation Techniques,” some of which are prohibited by the U.N. convention and by U.S. military law. They include tactics such as “waterboarding,” in which a prisoner is made to believe he or she is drowning.

So, to avoid breaking our laws, U.S. intelligence officials are holding detainees overseas, and breaking other countries’ laws.

As for the fact that the detentions are occurring in “Soviet-era compounds in Eastern Europe,” I think Ezra covered this nicely.

You know what seems truly out of line now? Dick Durbin’s “gulag” comment. I’m sure glad screaming hordes of conservatives got him to apologize for that totally unsubstantiated smear against our country…

Throwing out our principles just because some fanatics in our country are afraid and/or wish to take advantage of the whole catastrophe known as, and following, 9/11. Makes one proud to be an American, no? Tellme again who is winning this “war”?

  • Why does anyone think for one moment that the kind of “legal” circumvention engaged in, is effective?

    It is not legally effective at all. Laws are broken. Let’s not let them kid us about it.

    This is not about avoiding the breaking of laws, it is about avoiding effective jurisdiction — keeping the activity away from the Patrick Fitzgeralds of the world — of which there are still many in the Justice Department and in the Judge Advocate corps of the various services.

  • To me the most telling line is, “The secret facility is part of a covert prison system set up by the CIA nearly four years ago”…..like shortly after the Bush crime syndicate set up shop on Pennsylvania Avenue?

  • Uhhh… we went to war to get rid of someone who violated international law, and now we’re doing the same thing. Should we be invaded then?

    I’m sure those prisoners aren’t being tortured and/or killed in those secret prisons.

    /snark

  • Comments are closed.