Rule Change Lets C.I.A. Freely Send Suspects Abroad to Jails
By DOUGLAS JEHL and DAVID JOHNSTON
Published: March 6, 2005
http://www.nytimes.com/2005/03/06/politics/06intel.html
WASHINGTON, March 5 - The Bush administration's secret program to transfer
suspected terrorists to foreign countries for interrogation has been carried
out by the Central Intelligence Agency under broad authority that has
allowed it to act without case-by-case approval from the White House or the
State or Justice Departments, according to current and former government
officials.
The unusually expansive authority for the C.I.A. to operate independently
was provided by the White House under a still-classified directive signed by
President Bush within days of the Sept. 11, 2001, attacks at the World Trade
Center and the Pentagon, the officials said.
The process, known as rendition, has been central in the government's
efforts to disrupt terrorism, but has been bitterly criticized by human
rights groups on grounds that the practice has violated the Bush
administration's public pledge to provide safeguards against torture.
In providing a detailed description of the program, a senior United States
official said that it had been aimed only at those suspected of knowing
about terrorist operations, and emphasized that the C.I.A. had gone to great
lengths to ensure that they were detained under humane conditions and not
tortured.
The official would not discuss any legal directive under which the agency
operated, but said that the "C.I.A. has existing authorities to lawfully
conduct these operations."
The official declined to be named but agreed to discuss the program to rebut
the assertions that the United States used the program to secretly send
people to other countries for the purpose of torture. The transfers were
portrayed as an alternative to what American officials have said is the
costly, manpower-intensive process of housing them in the United States or
in American-run facilities in other countries.
In recent weeks, several former detainees have described being subjected to
coercive interrogation techniques and brutal treatment during months spent
in detention under the program in Egypt and other countries. The official
would not discuss specific cases, but did not dispute that there had been
instances in which prisoners were mistreated. The official said none had
died.
The official said the C.I.A.'s inspector general was reviewing the rendition
program as one of at least a half-dozen inquiries within the agency of
possible misconduct involving the detention, interrogation and rendition of
suspected terrorists.
In public, the Bush administration has refused to confirm that the rendition
program exists, saying only in response to questions about it that the
United States did not hand over people to face torture. The official refused
to say how many prisoners had been transferred as part of the program. But
former government officials say that since the Sept. 11 attacks, the C.I.A.
has flown 100 to 150 suspected terrorists from one foreign country to
another, including to Egypt, Syria, Saudi Arabia, Jordan and Pakistan.
Each of those countries has been identified by the State Department as
habitually using torture in its prisons. But the official said that
guidelines enforced within the C.I.A. require that no transfer take place
before the receiving country provides assurances that the prisoner will be
treated humanely, and that United States personnel are assigned to monitor
compliance.
"We get assurances, we check on those assurances, and we double-check on
these assurances to make sure that people are being handled properly in
respect to human rights," the official said. The official said that
compliance had been "very high" but added, "Nothing is 100 percent unless
we're sitting there staring at them 24 hours a day."
It has long been known that the C.I.A. has held a small group of
high-ranking leaders of Al Qaeda in secret sites overseas, and that the
United States military continues to detain hundreds of suspected terrorists
at Guantánamo Bay, Cuba, and in Afghanistan. The rendition program was
intended to augment those operations, according to former government
officials, by allowing the United States to gain intelligence from the
interrogations of the prisoners, most of whom were sent to their countries
of birth or citizenship.
==============================
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