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The New Print Edition of CounterPunch, Only for Our Newsletter Subscribers!

How Cops Extort Confessions;
How the U.S. “Justice System” Really Works

Ninety-two per cent of felony convictions in the U.S.  are obtained by plea bargains or confessions. Without them the “justice system” would grind to a halt. In an important piece in our latest newsletter, available only to subscribers, Emily Horowitz shows how totally innocent people will “confess” under police pressure, even without physical torture. Horowitz outlines the powerful case for banning confessions altogether. Also  in this new edition Marcus Rediker, co-author of the legendary  The Many Headed Hydra, writes of popular heroism and resistance in the favelas of Medellin, Colombia. Alexander Cockburn reports on how America’s oldest bank, patronized by the global elites, washed billions smuggled out of Russia, and how the Russians might win their money back, shaking the world’s banking system if they do so. Serge Halimi describes the real battle for the soul of Europe. Get your copy today by subscribing online or calling 1-800-840-3683 Contributions to CounterPunch are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! CounterPunch books and gear make great presents.

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Today's Stories

August 29, 2008

Mike Whitney
How the Chicago Boys Wrecked the Economy

August 28, 2008

Judy Gumbo Albert
The Battle of Chicago

Paul Cantor
Who Killed Victor Jara?

Saul Landau /
Farrah Hassen
Axis of Evil Defeats Neocons

Andy Worthington
Clearing Out Guantánamo

Ben Terrall
Return to Port-au-Prince

Leonard Peltier
Message to Obama: Symbolism Alone Will Not Bring Change

Niranjan Ramakrishnan
The Miasma of Bi-Partisanship

Donna J. Volatile
The Obama Construct

Website of the Day
Ishmael Reed, Alice Walker and Maya Angelou on the Meaning of Obama

 

August 27, 2008

Anthony DiMaggio
The Myths of Joe Biden

Jordan Flaherty
Three Years After Katrina

Ralph Nader
The Politics of Avoidance

Melissa Checker
Carbon Offsets, More Harm Than Good?

Bob Sommer
Blaming the Sixties

Cynthia McKinney
How the Democrats Helped Bush Hijack the Country

Ali Khan
Pakistan's Flawed Presidency

M. Junaid Levesque-Alam
The Only Good Muslim is the Anti-Muslim

Dave Lindorff
Strip-Search Nation

David Macaray
Labor's Hard Lessons

Website of the Day
Stagnant Income in an Eroding Economy

 

August 26, 2008

Patrick Cockburn
The Big Questions About Iraq

Michael D. Yates
Obama and the Working Class

Paul Craig Roberts
Is War With Russia on the Agenda?

Andy Worthington
The Guantánamo Suicide Report

Rev. Jesse L. Jackson
Obama's Promised Land?

Huwaida Arraf
Sailing into Gaza

Joseph Grosso
Back to the Future: New York's Housing Crisis

Sheldon Richman
What About the Ossetians?

Binoy Kampmark
Impasse at Singur

Website of the Day
Taser Bait in Denver

August 25, 2008

Patrick Cockburn
US Out of Iraq by "2011"

Bill Quigley
Katrina, the Pain Index

Jonathan Cook
Israeli Outposts Seal Death of Palestinian State

James McEnteer
Death by Paranoia

Uri Avnery
The Devil's Hoof

Will Potter
The State Deparment's Green Scare Wing

Robert Jensen
Technological Fundamentalism

Stephen Lendman
Reinventing the Evil Empire

Wajahat Ali
Biden His Time

Carl Finamore
The Future of Trade Unions in China

Website of the Day
Don't Blow Up the Mountain, Boys

August 23 / 4, 2008

Alexander Cockburn
"Change," "Hope"...Why They Must be Talking About Joe Biden!

Jeffrey St. Clair
Killing Salmon with Paul O'Neill: Power, Profits and the Future of the Columbia River

Patty O'Grady
John McCain in a New Context: Why the Senator is No War Hero

Nicole Colson
Obama and Big Corn

Steve Conn
Obama and the Mining Cartel

Deepak Trapathi
Pakistan in Uncertain Times

Robert Fantina
Once Upon a Time in America: a McCain Administration

Jonathan M. Feldman
Obamanomics: Does the Left Have Anything to Say?

Joshua Frank
Targeting Pelosi (and the War Machine): an Interview with Cindy Sheehan

Osama Qashoo
Sailing to Gaza

Howard Lisnoff
The Long Silence: American Jews and the Palestinians

David Michael Green
Sen. McShame and the Wreckage: John McCain Discovers America

Dave Lindorff
Why Not Let the Republicans Deal With This Mess?

Christopher Brauchli
A Banner Month for Passports

Alan Farago
Who Crippled the Government?

Michael Winship
Cash Register Conventions

Richard Rhames
Vlad the Derailer: Can Putin Save America From Itself?

David Rosen
The Culture Wars Are Over: But Culture Warriors Are Still Terrorizing America

Patrick B. Barr
Don't Try to Tame the Lightning Bolt

Jamie Newlin
Western Turf Wars: the Politics of Public Lands Ranching

Poets' Basement
Glendinning, McEnteer and Bonner

Website of the Weekend
Cafe Reconcile, New Orleans

August 22, 2008

Boris Kagarlitsky
Fallout from the Georgian War

Laura Carlsen
Obama and Latin America: Change or Continuity?

Bob Barr
No War for Georgia

Marwan Bishara
From Russia with Love: Putin Hits Georgia, Bloodies Bush

Peter Morici
Is the Fed Still a Central Bank?

Manuel Garcia, Jr.
The Big Heat

Charles Mostoller
The Battle for the Amazon

Sumbul Ali-Karamali
Obama is Not a Muslim: But Would It Be So Terrible If He Were?

Keith Rosenthal
Standing Up to Union-Bashing

John F. Miglio
The Devolution of the Baby Boom Generation

Website of the Day
Fire Sale in the Markets!

August 21, 2008

Allan J. Lichtman
Is Georgia 2008 a Repeat of Hungary 1956?

Dave Lindorff Loserville: How Obama Blew It

Ralph Nader
The Problem with Problem Banks

Joanne Mariner
The Military Commissions, So Far

Wajahat Ali
Descent Into Chaos: an Interview with Ahmed Rashid on Pakistan, Afghanistan and the Taliban

Ron Jacobs
Georgia and Historical Farce

Rostam Purzal
The Left and Iran

Anthony Papa
Unlocking the Power of Art to Counter Injustice

Website of the Day
Rocky Mountain Way

August 20, 2008

Michael Neumann
Russia and Georgia: Proportion and Distortion

Ray McGovern
Musharraf Out Like Nixon

Eric Walberg
Georgia's Ossetian Debacle

Fidaa Abed
Blocking a Gazan's Path to San Diego

Daniel Haack
The Pentagon's Most Prolific Pundit

Mike Whitney
Greenback Surges, Euro Shrivels

Website of the Day
Hands Off South Africa's Centre for Civil Society

August 19, 2008

Paul Craig Roberts
Are You Ready for Nuclear War?

Deepak Tripathi
A New Age of Torture

Marwan Bishara
The Politics of Evil in the US Elections

Saul Landau
Baseball Diplomacy or Just Baseball?

William S. Lind
Leave Georgia Alone, George

Martha Rosenberg
Whole Foods and Other Food Offenders

James Brittain
The Road to Tyranny in Colombia

Pratyush Chandra
Krugman's Great Illusion

David Macaray
AFSCME's Strike Against the University of California

Website of the Day
McCain Plagiarizing Solzhenitsyn

August 18, 2008

Tariq Ali
Pakistan After Musharraf

Gary Leupp
Russia's Georgia Campaign and the Expansion of NATO

Uri Avnery
The Anger, the Longing, the Hope

John Ross
Inside America's Death Chamber

Farooq Sulehria
An Afghan Woman Who Stands Up to the Warlords

Luis Rodriguez
The Power of Art and Youth

Manuel Garcia, Jr.
A Laser Weapon of Plausible Deniablity?

Noah Baker Merrill
We Can Do Better

Charles Thomson
Betrayal of Trustees at the Tate

Website of the Day
Gonzo Environmentalism

August 16 / 17, 2008

Alexander Cockburn
Don't Know Much About History...

Jeffrey St. Clair
Last Stand in the Big Woods: Resistance and Ignominy at Cove/Mallard

Deepak Tripathi
A Pawn in Their Game: From Georgia to the Brink of a New Cold War

Conn Hallinan
Georgia on My Mind

Mike Whitney
Revisiting the "Battle of Tskhinvali"

Robert Fantina
Russia, Georgia and Bush

Ray McGovern
Out Damn Blot: a Letter to Colin Powell

Nicole Colson
Bled Dry by the Oil Giants

Fatima Bhutto
The Impeachment of Musharraf

Jean-Luis Rocca
The Middle Kingdom's Middle Way

David Michael Green
My Army Went to Iraq and All I Got was This Lousy Air Lift

Ramzi Kysia
Standing Up for Justice in the Middle East

Dave Lindorff
Forging the Case for War

Lisa Martinovic
What's So Funny 'Bout Bush, Lies and Torture Memos?

Richard Rhames
Single-Payer, a Dream Denied

Don Santina
Taps for the Abraham Lincoln Brigade

Rannie Amiri
Dr. Saad Eddin Ibrahim vs. the Ugly Dictator

Ramzy Baroud
Family Politics and the New Gaza Crisis

John Stanton
The Army's Human Terrain Systems: From Super Concept to Super Farce

Howard Lisnoff
The Deportation of Jeremy Hinzman

Ron Jacobs
Sweat and Sacrifice Make History

Seth Sandronsky
Arianna Huffington's Blind Spot

Poets' Basement
Landau, Darwish and Orloski

Website of the Weekend
Summer Screening: CounterPunch's Favorite Films

 

August 15, 2008

Steve Niva
The Surge in Iraqi Female Suicide Bombers

David Remington
Sharpening Occam's Razor on the Forged Intelligence Documents

Michael Winship
The Imperial Presidency

Paul Craig Roberts
The Neocons Do Georgia

Farzana Versey
Taming the Islamic Shrew

Harvey Wasserman
McCain Goes Nuclear

Felice Pace
The Politics of Smoke

Julian Critchley
All Experts Agree: Legalize Drugs

Website of the Day
The Farting Preacher

August 14, 2008

Saul Landau /
Nelson Valdés
The Shape of Cuba's Reforms

Conn Hallinan
The Coming Surge in Afghanistan

Mike Whitney
Georgia and U.S. Strategy

Reza Fiyouzat
U.S. and Iranian Relations: What Does Normalization Entail?

Ralph Nader
Single-Payer Health Care in an Age of Two-Party Politics

Christopher Brauchli The Cheerleader in China

Jack Bradigan Spula
Plowing Through the Farm Bill

Patrick Irelan
After the Flood

John Walsh
Buyers Remorse Over Obama

Dan Bacher
Schwarznegger Pimps the Water Bond

Website of the Day
Zevon: Renegade

 

August 13, 2008

Paul Craig Roberts
"President Bush, Will You Please Shut Up?"

David Remington
Forgery, Fakery and Fatigue (Scandal, That Is)

Brian Cloughley
Afghanistan, Pakistan and the Press

Glen Ford
Are Black Politics Headed Toward the Graveyard?

Brendan Cooney
A Shattered Myth in Georgia

Dave Lindorff
This War Has Been Approved By Your Government

Tom Lewis
Morales After the Bolivian Referendum

Stan Cox
Let's Handcuff the Property Cops

Alan Farago
Crimes Against the State: Bushism and the Florida Mortgage Crisis

Martha Rosenberg
Fear and Loathing Behind the Plexiglass Curtain

Website of the Day
Here Today, Here Tomorrow: Young Workers and Social Security

August 12, 2008

Uri Avnery
Obama and the Middle East

Anthony DiMaggio
Master of Ambiguity: Obama's Non-Plan for Ending the War in Iraq

Bill Christison
No NATO Membership for Georgia

Eric Walberg
War a la Carte: How the US Invited a War in S. Ossetia

Kate Connolly
Old Cold Warriors Never Die: Brzezinski Compares Putin to Hitler

Diane Farsetta
Cracking the Pentagon Pundit Code

Peter Morici
The Trade Deficit and Job Losses

Thom Rutledge
Equal Opportunity Judgment: Reason, Morality and the Edwards Scandal

Lee Patton
How to Swiftboat McCain

Niranjan Ramakrishnan
Technological Titans, Moral Midgets

Website of the Day
Mr. Hot Buttered Soul

August 11, 2008

Ishmael Reed
Politics of the Race Card: McCain Gurgles in the Slime

Paul Craig Roberts
The Moronic Party: From Off-Shore Drilling to the Georgian War

Gary Leupp
The Neo-Cons' Dream Forgery: the Habbush Letter Revisited

Douglas Kammen
Rice and Circus in East Timor

William Willers
New Paths Toward the Loss of Our Public Lands: Subsidies, Volunteerism and Outsourcing

Greg Moses
The Smell of Propaganda in the Morning: Press Calls for War in the Caucasus

Jeff Leys
Showdown at Fort McCoy

Cynthia McKinney
We Are Not Hopeless

Alan Farago
The Olympic Spectacle and the New China

Website of the Day
Mahmoud Darwish, RIP

August 9 / 10, 2008

Alexander Cockburn
You Want More Still Proofs the Crony, Old-Line Press is Dead?

Jeffrey St. Clair
Pools of Fire: the Looming Nuclear Nightmare in the Backwoods of N. Carolina

Bruce Jackson
Hamdan's Secret

Kevin Young
Targeting Civilians: the Path to Hiroshima and Nagasaki

Chris Floyd
The Serpent's Egg: Solzhenitsyn and the Origins of the American Gulag

Joshua Frank
Inside Obama's Fundraising Operation

Robert Fantina
Of Campaigns and Timelines

Brendan Cooney
The Eagle is Wounded

Mark Almond
Plucky Little Georgia?

Lois Gibbs
The Lost Lessons of Love Canal

Rev. William Alberts
Blind Patriotism? McCain's Counting On It

Kathy Kelly
The Big Voice

John Ross
The Cutthroat Games: the Decline of the Olympics from Mexico City to Beijing

David Michael Green
The Fire This Time: the GOP and the Economy

Bill Moyers /
Michael Winship
A Novel Approach to Politics

Ron Jacobs
I Read the News Today, Oh Boy (Or Why John McCain Wants Cindy to Show Her Tits)

Richard Rhames
The Greatest Degeneration

David Yearsley
Once More Unto the Albert Hall, Dear Friends

Lee Sustar
Justice for the Freightliner Five: a Struggle for the Soul of the UAW

Brenda Norrell
Turning Sewage into Snow on the Sacred San Francisco Peaks

Ben Terrall
Immigration in an Age of Global Apartheid

Poets' Basement
Dominguez, Jenkins, Ibn Salma and Willson

Website of the Weekend
Tuli Kupferberg's Fig Leaf Olympics

August 8, 2008

Patrick Cockburn
Iraq's Nationalist Surge

Manuel Garcia, Jr.
Voting: a Ritual of Justifying Biases

M. Shahid Alam
The Zionist Stratagem

Andy Worthington
Salim Hamdan's Sentence

Lawrence J. Korb
Bad Advice from Generals

David Model
Instant Genocide

Alan Farago
When Miami Goes Bust: the Politics of the Housing Crisis

Diop Olugbala
What About the Black Community, Obama?

Firmin DeBrabander
When the Olympics Went Green--with Algae

Website of the Day
Summer Reading: CounterPunch's Favorite Novels

August 7, 2008

Dr. Trudy Bond
Fixing Hell and Curing Obesity

William Blum
Breaking Young Hearts: Obama and the Empire

Paul Craig Roberts
Do You Feel Safe Now?

Ralph Nader
Gouged in the Skies: Gotcha Capitalism in the Airline Industry

Robert Weitzel
Obama and the Two Walls

Jacob G. Hornberger
Why Wasn't Ivins Declared an Enemy Combatant?

Binoy Kampmark
Driving Bin Laden

David Macaray
What Does a Radical Labor Union Look Like?

Howard Lisnoff
Echoes of the Sixties: Refusing to Recite the Pledge

Website of the Day
Bono's Retirement Fund

August 6, 2008

Marc Herold
Obama and Afghanistan

Greg Moses
The Unnecessary Execution of Jose Ernesto Medellin

Sheldon Rampton
The Anthrax Cover-Up

Kevin Young
The Atomic Bombing of Japan: Tsuyoshi Hasegawa Re-Examines the Japanese Surrender

Michael Estrada
What I Re-Discovered in Mexico

Robert Weissman
The Commercial Games

Dr. Susan Block
The Knoxville Unitarian Universalist Church Killings: Did Rightwing Talk Shows Drive Him to Kill?

Cindy Sheehan
This is Horseshit

Ace Hoffman
The Unholy Trinity

Website of the Day
Over to You, Paris

August 5, 2008

Paul Craig Roberts
The Anthrax Attacks and the Assault on Civil Liberties

Jeff Halper
An Israeli Jew in Gaza

Patrick Cockburn
Iraq Better? With Three Wars Going On?

Nancy Welch
"What Did My Father Do to Deserve Such Treatment?" An Interview with Laila al-Arian

Peter Morici
Rear View Mirror Economics

Sousan Hammad
The Antisemitism Incitement Craze

Eamon Martin
The Audacity of Despair

Shepherd Bliss
Slow Food Nation Gains Momentum

Tim Matson
Keeping Cool and Saving BTUs

Website of the Day
Top Heavy Greens?

August 4, 2008

Uri Avnery
Olmert's Exit

Saul Landau
Reflections on the Cuban Revolution

David W. Remington
The Face of the Modern War Criminal

Rev. Jesse Jackson
The Question Conscience Asks

Dave Lindorff
The Cheney Doctrine: Shoot Your Friends First

Peter Morici
The Lingering Economic Malaise

Joanne Mariner
Debating Human Rights and Counter-Terrorism in Britain

Ramzy Baroud
Through the Israeli Looking Glass: Obama Joins the Club

Christian Wright
Why We're Protesting at the Democratic Convention

Website of the Day
The US and Karadzic

August 2 / 3, 2008

Alexander Cockburn
The Ongoing Persecution of Sami al-Arian

Jeffrey St. Clair
The Worst Day of Ted Stevens' Life?

Patrick Cockburn
Who's Really Running Iraq?

Winslow T. Wheeler
Is the King of Pork Dead?

James Abourezk
Lies the Oil Companies Peddle

Andy Worthington
The CIA's Secret Prison on Diego Garcia

Brian Cloughley
Baleful Imperial Power

Robert Fantina
Redefining Progress in Iraq

Benjamin Dangl
Total Recall in Bolivia

Marlene Martin
Living in Hell for Life

David Yearsley
The Sound and Fury of Wet Balloons Rubbed with a Big Sponge: Yes, Bill O'Reilly, This Your Kind of Music!

Fatemeh Keshavarz
What Qualifies "Them" for the Death Sentence?

David Michael Green Obama as Dukakis

Harvey Wasserman
Meet the Real Terrorists of the 1960s

Jason Hribal
Moja Has Mojo: How a Few Elephants Turned the Zoo Industry Upside Down

Phyllis Pollack
The Rolling Stones' Exile on Geary Street: an Interview with Rock Photographer Dominque Tarle

Laray Polk
Tongues of Fire, Plains of Grace: Remembering Hiroshima and Nagasaki

Ron Jacobs
Jerry Garcia Meets Barack Obama

David Macaray
Labor, Management and the Adversarial Relationship

David Rosen
Teen Prostitution in America

Dan Bacher
Schwarzengger's Water Empire

Joe Allen
Batman's War of Terror

Poets' Basement
Graham, Stevens, Cory and Fleming

Website of the Weekend
Get Your War On: the Watch List

August 1, 2008

Jonathan Cook
Palestinians Face Home Demolitions Spree by Israel

Nikolas Kozloff
McCain's Mad Dog Advisor Max Boot

Rannie Amiri
Islamobamaphobia: a New Word Enters the Lexicon

Peter Morici
U.S. Economy Loses Another 51,000 Jobs

Christopher Brauchli
South Dakota's Abortion Fairy Tale

M. K. Bhadrakumar
Coup in the Great Caspian Play

Patrick Cockburn
Turkish Court Says Ruling Islamic Party Can't be Shut Down

James J. Brittain
The Continuity of FARC-EP Resistance in Colombia

Dan Bacher
Warren Buffett, Salmon Killer

Website of the Day
Shark Genocide: 100 Million Deaths a Year

 

July 31, 2008

Michael Hudson
The Next Big Bail Out: State, Local and Private Pensions

Carl Finamore
Protest Politics and the Democrats: A Street Protester Looks Back at 1968

Mike Whitney
What's Going on in Afghanistan

Joshua Frank
Obama's Green Coal: Another Myth from the Change Agent

Andy Worthington
The Peculiar Case of Jarallah al-Marri

Ralph Nader
The Living Legacy of Rosa Parks

Bill Moyers /
Michael Winship
The Wave of Capitol Crimes

Robert Weissman
The Collapse of the WTO Talks

Dave Lindorff
Bush Judge Does the Right Thing on Executive Immunity

Website of the Day
Perils of the New Pesticides

July 30, 2008

Brian M. Downing
Assessing the Surge

Chuck Spinney
Should Obama Escalate the War in Afghanistan? A Thought Experiment

William S. Lind
Why McCain is Wrong on Iraq

David Ker Thomson
Against Bike Lanes

Karl Grossman
Nuclear-Powered Amphibious Assault Ships?

Mike Whitney
Apocalypse Down Under

Martha Rosenberg
Heifer Palooza

James Murren
Where Your Life is Worth One Bullet

Dave Lindorff
The Impeachment Hearing

Ron Jacobs
A Conspiracy to Kill Iraqis?

Website of the Day
Mapping Job Loss to China

July 29, 2008

Jeffrey St. Clair
King of the Hill Indicted! Ted Stevens' Empire of Corruption

John Ross
Return of the Gunboat

Peter Morici
When Will Henry Paulson Learn?

Alison Weir
Israeli Strip Searches

Gary Leupp
"Bewilderment and Confusion on the Left?"

David Macaray
The Calculus of Union Strikes

Brenda Norrell
Censored in Indian Country

Marjorie Cohn
End the Occupations: Of Iraq and Afghanistan

Eric Ruder
A New Consensus on Iraq?

Website of the Day
"If You Could See Me Now ... "

July 28, 2008

Dr. Bryant Welch
Torture, Political Manipulation and the American Psychological Association

Kathy Kelly
Pictures from Summer Camp on the West Bank

Mike Whitney
Bad News and Bank Runs

Peter Morici
Spreading Layoffs, Sagging GDP

Christopher Brauchli
Death by (Power) Surge in Baghdad

Clifton Ross
The Spectacle and the Movement in Colombia

Stephen Lendman
The Bush Administration's Secret Biowarfare Agenda

Website of the Day
Stone's Dubya: the Trailer

 


August 29, 2008

The Case of Binyam Mohamed

A UK Window on CIA Abuses

By JOANNE MARINER

Britain’s High Court will hold a hearing to assess whether the UK government should be ordered to hand over secret documents to lawyers for a Guantanamo detainee. The detainee in question, Binyam Mohamed, faces possible charges of conspiracy and material support for terrorism before a military commission at Guantanamo.

Mohamed, an Ethiopian national and former UK resident, was arrested in Pakistan in April 2002. Transferred to US custody, he was reportedly rendered by the CIA to Morocco, detained there secretly for over a year, and then moved for several months to a secret CIA detention site in Afghanistan. He then spent a few months in military detention at Bagram air base in Afghanistan, and was ultimately brought to Guantanamo Bay in September 2004.

Mohamed claims that he was brutally tortured during his time in secret detention, and that the evidence that will likely be used to prosecute him is a result of that torture. He also claims that the UK government has information that supports his claims of abuse.

Last week, in an important judgment, the UK High Court ruled in Mohamed’s favor. It found that the British government was under a legal obligation to disclose to Mohamed’s counsel the information it possesses relating to Mohamed’s whereabouts, treatment, and interrogation between April 2002 and May 2004. The court emphasized that this information is “not merely necessary but essential” to Mohamed’s defense against military commission charges.

While the court stopped short of ordering the foreign secretary to hand over the information—allowing additional time for the national security implications of disclosure to be considered—it will reach the mandatory disclosure question at its hearing this week.

From Britain to Pakistan to the Prison of Darkness

Binyam Mohamed came to Britain in 1994, when he was a student, after having spend a short period in the United States. He converted to Islam while in the UK, and in mid-2001 he left the UK for Pakistan and Afghanistan. He claims that he traveled to the region because he wanted to kick a drug habit.

The military commission charges that have been sworn against Mohamed allege that he attended an Al Qaeda training camp in Afghanistan, and later received training in building remote-controlled explosive detention devices in Pakistan. While living at an Al Qaeda safe house in Lahore, Pakistan, the charges say, Mohamed allegedly agreed to be sent to the United States to conduct terror operations.

Mohamed was arrested at the Karachi airport on April 10, 2002, as he attempted to leave Pakistan to fly to London. Although he was initially detained in Karachi, he claims that he was interrogated there by US agents. The UK High Court has also confirmed that a British agent visited Mohamed in Pakistani custody on May 17, 2002.

Mohamed claims that he was rendered by the CIA to Morocco in July 2002. There, he claims, he was beaten, repeatedly cut on his genitals, and threatened with rape, electrocution and death. Interrogators reportedly asked him detailed questions about his seven years in London, based on information that his lawyers believe came from British sources.

In late January 2004, Mohamed says, he was sent to Afghanistan, where he was held in a secret CIA prison—called the “Prison of Darkness”—until May 2004. At that point, he was transferred to military detention, first at Bagram air base in Afghanistan, then at Guantanamo, where he remains.

According to the UK High Court, the military commissions case against Mohamed is based on confessions Mohamed made while in military custody—after May 2004—not on anything he said while being interrogated by the CIA. Mohamed claims, however, that it was the abuse in CIA custody that induced him to confess while in military custody, and so proof of those CIA abuses are crucial to his defense.

Refusal to Disclose

As part of a continuing effort to cover up the CIA’s misdeeds, US officials have refused to provide Mohamed or his lawyers any information whatsoever about his treatment or whereabouts from the time of arrest in April 2002 until he was transferred to Bagram in May 2004. To date, the UK government has similarly refused to provide Mohamed’s lawyers any such information, although it has acknowledged that some documents in its possession might be exculpatory.

In last week’s ruling, the High Court noted that the UK foreign secretary had acknowledged that Mr. Mohamed had established an arguable case that he had been subject to illegal rendition and torture. The court also found that the British security forces had facilitated Mohamed’s interrogations by supplying information and questions to US officials, even while they knew that Mohamed was being held incommunicado in a non-military detention facility overseas.

The court found, in short, that the relationship of the UK government to the US authorities with regard to Mohamed “was far beyond that of a bystander or witness to the alleged wrongdoing.” Because the UK was in some way a participant, not simply an observer, the court held that the UK is legally obligated to provide Mohamed with information relating to his abuse.

Not only did the court deem this information to be “essential” to Mohamed’s ability to adequately defend himself, it emphasized the need for the government to provide the necessary information as soon as is practically possible. The reason for the hurried timing lies in the military commissions’ timetable. At present, military commission charges against Mohamed have been prepared, but the commission’s convening authority has not yet signed off on them. In order to potentially affect the charging decision, Mohamed has a important interest in getting exculpatory information to the convening authority before that decision is made.

The Prospect of Mandatory Disclosure

The UK court decried the fact that the US authorities have failed to provide this potentially exculpatory information to Mohamed’s counsel, particularly since both his counsel are security-cleared. But it recognized, as well, that the United States’ failure is no excuse for Britain’s inaction.

Unless the UK foreign secretary voluntarily provides the relevant documents to Mohamed’s counsel, the High Court will consider ordering disclosure. Such an order, which the court seems presently inclined to grant, would open an important crack in the wall of secrecy that surrounds the CIA’s rendition, detention, and interrogation abuses.

Joanne Mariner is a human rights attorney.

 

 


 


 

 

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