http://www.timesonline.co.uk/tol/news/world/us_and_americas/article3086937.eceFrom The Sunday Times
December 23, 2007
<snip>And then you read about the case of Abu Zubaydah. He is a seriously bad guy – someone we should all be glad is in custody. A man deeply involved in Al-Qaeda, he was captured in a raid in Pakistan in March 2002 and whisked off to a secret interrogation, allegedly in Thailand.
President George Bush claimed Zubaydah was critical in identifying Khalid Sheikh Mohammed as the mastermind behind 9/11. The president also conceded that at some point the CIA, believing Zubaydah was withholding information, “used an alternative set of procedures”, which were “safe and lawful and necessary”.
Zubaydah was waterboarded. That much we know - it was confirmed recently by a former CIA agent, John Kiriakou, who even used the plain English word “torture” to describe what was done. But we know little else for sure. We do know there was deep division within the American government about Zubaydah’s interrogation, and considerable debate about his reliability.
Ron Suskind’s masterful 2006 book The One Percent Doctrine recorded FBI sources as saying that Zubaydah was in fact mentally unstable and tangential to Al-Qaeda’s plots, and that he gave reams of unfounded information under torture - information that led law-enforcement bodies in the US to raise terror alert levels, rushing marshals and police to shopping malls, bridges and other alleged targets as Zubaydah tried to get the torture to stop. No one disputes that Zubaydah wrote a diary - and that it was written in the words of three personalities, none of them his own.
A former FBI agent who was involved in the interrogation, Daniel Coleman, said last week that the CIA knew Al-Qaeda’s leaders all believed Zubaydah “was crazy, and they knew he was always on the damn phone. You think they’re going to tell him anything?” Even though preliminary, legal interrogation gave the US good – though not unique – information, the CIA still asked for and received permission to torture him in pursuit of more data and leads.
The Washington Post reported that “current and former officials” said the torture lasted weeks and even, according to some, months, and that the techniques included hypothermia, long periods of standing, sleep deprivation and multiple sessions of waterboarding. All these “alternative procedures”, as Bush described them, are illegal under US law and the Geneva conventions. They are, in fact, war crimes. And they were once all treated by the US as war crimes when they were perpetrated by the Nazis. Waterboarding has been found to be a form of torture in various American legal cases.
And that is where the story becomes interesting. The Bush administration denies any illegality at all, insists it does not “torture” but refuses to say whether it believes waterboarding is torture or not. But hundreds of hours of videotape were recorded of Zubaydah’s incarceration and torture. That evidence would settle the dispute over the extremely serious question of whether the president of the United States authorised war crimes.
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