Spies such as Mata Hari, heroic nurse Edith Cavell, suffragette Sylvia Pankhurst and the Boy Scouts feature in documents

Exotic spies, heroes, and known and suspected communists feature in top-secret MI5 files available online for the first time on Thursday to mark the 100th anniversary of the first world war.

Mata Hari, Edith Cavell, Sir Roger Casement, Arthur Ransome, Sidney Reilly, a leading suffragette and the Boy Scouts were among those MI5 kept under surveillance in its early years as Britain’s Security Service.

Mata Hari, one of history’s most celebrated honey-trap spies, first came to MI5’s attention in December 1915 when she arrived at Folkestone on the Dieppe boat train. She admitted her destination was The Hague to be near her lover Baron Van der Capellen, a colonel in the Dutch Hussars.

The following year, MI5’s informant in The Hague, codenamed “T”, reported: “Mata Hari is a demi-mondaine who is in relation with highly placed people and during her sojourn in France she made the acquaintance of many French and Belgian officers. She is suspected of having been to France on an important mission for the Germans.”

In November 1916, questioned by MI5, Mata Hari claimed that a French consul in Spain had subsequently asked her to go to Austria to spy on that country’s forces.

A renowned dancer, Mata Hari was a Dutch divorcee born Marguerite Gertrude Zelle in the Dutch East Indies. A French intelligence report dated 22 May 1917, shown to a MI5 officer in Paris, noted: “Mata Hari today confessed that she has been engaged by Consul Cremer of Amsterdam for the German Secret Service. She was paid 20,000 francs in advance.”

She was shot by a French firing squad in 1917.

Edith Cavell, a British nurse at a Red Cross hospital in Belgium, was executed by a German firing squad in October 1915 for helping 200 allied soldiers to escape. The files in the National Archives show that British diplomats clung to the hope that Germany would not execute a woman who was regarded as a heroine.

An MI5 agent in Liège said he had been told by a reliable source that “the two spies who denounced Nurse Cavell have both been killed, one by a bullet in the head, the other by a dagger thrust in the chest”.

Sir Roger Casement, a British consul in Africa and South America knighted for his work in exposing the exploitation and slaughter of Africans and South American Indians, and Sidney Reilly, a naturalised Russian Jew dubbed the Ace of Spies, are other victims of espionage who feature among the 150 MI5 files.

Casement was arrested on a beach in Co Kerry, three days before the 1916 Easter rising, after landing in a boat that had picked him up from a German submarine. A trawler accompanying the submarine and carrying 20,000 guns was scuttled after being intercepted.

The MI5 documents show Casement knew the Easter rising was doomed to failure after Germany reneged on its promises to send troops to help the rebels. The UK government used his “black diaries” to smear him and sabotage a campaign to save his life.

“I have done nothing dishonourable, as you will one day learn,” he told Frank Hall, a senior MI5 officer. Casement was hanged in Pentonville prison on 3 August 1916.

Reilly was recruited to work for the British secret intelligence service, MI6. When he died in 1925 the Russians claimed a guard had shot him as he crossed the border with Finland. MI5 documents suggest he was executed by Bolsheviks in 1925.

Reilly had many wives, according to MI5. A Special Branch informer reported that his second wife, actress Pepita Bobadilla, went to the Russian embassy in Paris following his death. As she applied for a visa, she told the Russians her husband had been “spying for the British government”.

Arthur Ransome, author of Swallows and Amazons, caught MI5’s attention as correspondent for the Manchester Guardian in Moscow who married Trotsky’s secretary, Evgenia Petrovna Shelepina.

British officials told MI5 that Ransome was “exceedingly clever and interesting fellow – but an out and out Bolshevist”. The British consul and MI6 officer in Moscow, Robert Bruce Lockhart, soon corrected them. Ransome, who was given the codename S76, was a valuable intelligence asset during the chaos of the Russian revolution, he said.

The files include one on the suffragette Sylvia Pankhurst, one of MI5’s later targets. MI5 noted that in 1940 she wrote to Viscount Swinton, chairman of a committee investigating Fifth Columnists, sending him a list of active Fascists still at large and of anti-Fascists who had been interned. A copy of the letter includes a note by Swinton, saying: “I should think a most doubtful source of information.”

The files also show how MI5 was concerned that the Boy Scouts were being infiltrated by Communists after the first world war.

The files can be accessed at the National Archives link – First World War 100.

Richard Norton-Taylor
The Guardian, Wednesday 9 April 2014 22.43 BST

Find this story at 9 April 2014

© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

World War I spy Mata Hari refused to fully confess to espionage before facing French firing squad in 1917.

Mata Hari was a wildly-popular Dutch exotic dancer, who was executed as a German spy in 1917.

The spy known as “Mata Hari” was glib in her final prison interrogation before her life ended in front of a French firing squad in the First World War, according to formerly top secret files from the British intelligence agency MI5.
Mata Hari, once a wildly popular Dutch exotic dancer, didn’t appear fazed when an interrogator confronted her with a long list of her lovers, an MI5 report released earlier this month states.
“When faced with her acquaintances with officers of all ranks and all nations, she replied that she loved all officers, and would rather have as her lover a poor officer than a rich banker,” the MI5 files note.
Walking the Western Front:
• Where John McCrae wrote ‘In Flanders Fields’
• The ‘Trench of Death’
Her lovers included a wide range of ages and nationalities, including Germans, French, Russians, Swiss and Spaniards, the files state.
At the time of her execution on Oct. 15, 1917, in a muddy field outside Paris, she was accused of feeding Germany information that cost some 50,000 Allied troops their lives.
But two academics who have studied her case say they don’t believe she provided Germany with any useful information for its war effort.
“She really did not pass on anything that you couldn’t find in the local newspapers in Spain,” said Julie Wheelwright of City University in London, the author of The Fatal Lover: Mata Hari and the Myth of Women in Espionage.
Mata Hari was the stage name for Gertruda Margaretha Zelle, who was born July 8, 1876, in the Dutch East Indies to a Dutch father and a Javanese mother. Wheelwright said she became an exotic dancer after fleeing an abusive marriage.
Wheelwright described her as “an independent woman, a divorcee, a citizen of a neutral country, a courtesan and a dancer, which made her a perfect scapegoat for the French, who were then losing the war.”
“She was kind of held up as an example of what might happen if your morals were too loose,” Wheelwright said.
Wesley Wark, a security, intelligence and terrorism expert at the University of Ottawa, said Mata Hari provided France with a scapegoat when the country wrestled with emerging power for women and fears of losing the war.
“They needed a scapegoat and she was a notable target for scapegoating,” Wark said.
In the MI5 files, an intelligence officer sounds impressed with her attitude during her final days.
“She never made a full confession nor can I find … that she ever gave away anyone as her (accomplice),” the report states.
“She was a ‘femme forte’ and she worked alone,” the report concludes.
The newly released files show Mata Hari was trailed by Allied surveillance officers across France, Spain and England.
The officers noted that on Aug. 4, 1916, she wrote to a Don Diego de Leon and then met a Capt. Vladimir de Masloff, of the Russian army, stationed in France.
“He was very intimate with her from this date and constant letters pass between, he was her favourite lover,” the MI5 files state.
“Same day she met PROFESSOR MARIANI Captain Italian Army.”
While in custody in the ancient Prison de Saint-Lazare outside Paris, she admitted to having spied for the Germans, the MI5 files state.
A file dated May 22, 1917 states: “Matahari today confessed that she has been engaged in Consul CREMER of Amsterdam for the German Secret Service. She was paid 20,000 (francs) in advance and her number was H.21.”
That file also notes her German spymasters gave her vials of invisible ink.
Much of her prison interrogation statement concerns mundane thoughts, not troop movements.
Her MI5 file includes the note: “She had discussed the life led by people in Paris, as regards supply of food etc., had said that the English officers in Paris treated their French Allies badly, although the French went out of their way to treat them ‘like Kings’; that the French nation might live to regret that they had ever allowed the English into the country … .”
Even if she wanted to divulge information, there wasn’t much she could say, Wark said. “Politics wasn’t really part of her world.”
Accounts of her execution say she waved off the offer of a blindfold or the last sacrament. She was reportedly blowing a kiss — at her lawyer, a nun or the firing squad, depending on who’s telling the story — the instant her life ended.
Wheelwright thinks this was likely bravado on the dancer’s part.
“This was going to be her last performance and she was going to go out in style,” she said. “She was playing to the crowd, which is what she always did.”

By: Peter Edwards Star Reporter, Published on Thu Apr 24 2014

Find this story at 24 April 2014

© Copyright Toronto Star Newspapers Ltd. 1996-2014

Mata Hari: beautiful exotic dancer turned espionage agent
Mata Hari, the glamorous World War I spy shot by the French in 1917, was watched by MI5 for two years, according to the newly released secret government papers.
The former wife of a Dutch army colonel, she was recruited by German intelligence while performing as a stripper in Berlin.

Special Report: Wartime Spies The sultry spy, who was notorious in prewar Paris for her exotic dancing and libidinous lifestyle, was interrogated twice by the British secret service but they could not force her to reveal her activities.

She later confessed all to French authorities and was executed. Her MI5 files note however that there was never any evidence that she passed on anything of military importance.

‘Unfavourable impression’

Mata Hari was born Margaretha Geertruida Zelle in Leeuwarden, The Netherlands.

She first attracted the suspicion of British officials in December 1915 and was arrested at the southern English port of Folkestone attempting to board a boat for France.

Under interrogation, she admitted she was heading for The Hague to live near her lover, a Dutch colonel. But MI5 could not pin anything further on her.

Her interrogator, Captain S S Dillon, noted at the time: “Although she had good answers to every question, she impressed me very unfavourably, but after having her very carefully searched and finding nothing, I considered I hadn’t enough grounds to refuse her embarkation.”

The report also noted that she was “handsome, bold … well and fashionably dressed” in a costume with “raccoon fur trimming and hat to match”.

Suspect

Mata Hari
MI5 decided to keep tabs
MI5 continued to monitored her after she settled in The Hague, and soon an informant revealed she was being paid by the German Embassy.

A February 1916 intelligence report noted that she was “in relation with highly placed people and during her sojourn in France she made the acquaintance of many French and Belgian officers”.

“She is suspected of having been to France on important mission for the Germans,” the report said. The report concluded that the matter was being followed up.

Wrongly suspected

In November 1916, British authorities removed Mata Hari from a steamer at the port of Falmouth en route from Spain to Holland, believing she was another German spy, Clara Benedix.

She was taken, along with her 10 travelling trunks, to be interviewed by MI5 and the police. She told them she had been recruited by a Belgian officer, to work for his country’s intelligence service.

She also alleged that the French consul in Vigo, Spain, had asked her to spy on Russian forces in Austria.

Death by firing squad

Once again there was insufficient evidence to detain her and she was sent back to Spain.

The following year she was arrested by the French authorities, court martialled and sentenced to death by firing squad.

A French intelligence report shown to MI5 noted: “Mata Hari today confessed that she has been engaged by Consul Cremer of Amsterdam for the German Secret Service.”

She admitted sending “general information of every kind procurable,” but mentioned no military secrets, it said.

Tuesday, 26 January, 1999, 23:22 GMT

Find this story at 26 January 1999

© BBC

Police received at least 144 complaints by victims about late Liberal MP Sir Cyril, but MI5 and Special Branch put pressure on officers to drop investigations, new book claims

Politicians, police and M15 covered up former MP Sir Cyril Smith’s sexual abuse of vulnerable boys as young as eight for four decades, it has been claimed.
Police received at least 144 complaints by victims about the late Liberal MP Sir Cyril, but MI5 and Special Branch put pressure on officers to drop investigations, according to a new book.
The 29st MP for Rochdale was able to continue his abuse while the authorities blocked prosecutions, and the Liberal Party even put his name forward for a knighthood in 1988 in spite of the rumours of his activities circulating around Westminster, it has been alleged.
Former Liberal party leader David, now Lord Steel, nominated Sir Cyril for the honour despite knowing of the allegations about the MP, it was reported.
Lord Steel’s involvement only emerged in recent weeks after a Freedom of Information battle.
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The current Lib Dem leader Nick Clegg sent a celebratory message that was read out at Sir Cyril’s 80th birthday party, which said: “You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale.”
A new book, written by one of Sir Cyril’s successors as MP for the Lancashire constituency, Labour’s Simon Danczuk, also reveals that child porn was found in the late MP’s car but police were ordered to release him.
Sir Cyril, who died aged 82 in 2010, was arrested repeatedly for “acts of gross indecency with young lads” in public toilets but no action was taken, according to the book Smile for the Camera: the Double Life of Cyril Smith.
A member of the Liberal party, which later merged with the Social Democratic Party to become the Liberal Democrats, Sir Cyril was also a visitor to the notorious Elm Guest house in South-west London, which is now the focus of a Scotland Yard investigation into an alleged VIP paedophile ring, the Daily Mail reported.
Sir Cyril, who was MP for Rochdale between 1972 and 1992, was governor of almost 30 schools, and in the 1960s he helped to open Cambridge House children’s home, where he abused boys, often subjecting them to spurious medical examinations, according to the book.
But when police launched an investigation, a senior police officer intervened to stop it, it has been claimed.
The book, co-written by Matthew Baker, also claims that senior Labour figures’ support of the Paedophile Information Exchange helped keep Sir Cyril “hidden from scrutiny”.
It claims that police officers were threatened with dismissal and gagged by the Official Secrets Act if they tried to expose the Sir Cyril’s sexual abuse of boys.
Mr Danczuk, Rochdale MP since 2010, first raised Sir Cyril’s case in the House of Commons in 2012 after victims contacted him to tell of their ordeals.
Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing, the Daily Mail reported.
A spokesman for Mr Clegg said: “Clearly he would never have paid tribute to Cyril Smith if he had had any idea about these horrible allegations.”
A Liberal Democrat spokesperson said: “Cyril Smith’s acts were vile and repugnant and we have nothing but sympathy for those whose lives he ruined. His actions were not known to or condoned by anyone in the Liberal Party or the Liberal Democrats.”

By Melanie Hall11:22AM BST 12 Apr 2014

Find this story at 12 April 2014

© Copyright of Telegraph Media Group Limited 2014

For four decades, 29st politician was free to prey on vulnerable children as young as eight
Police received at least 144 complaints from victims yet authorities blocked any prosecution
New book serialised in Daily Mail details how Smith – who died in 2010 aged 82 – was repeatedly protected despite being arrested for sex crimes
MI5 and Special Branch officers put pressure on police to drop investigations
Child porn was found in Smith’s car but police were ordered to release him
Liberal Party put his name forward for knighthood in 1988 in spite of rumours of his sordid activities swirling around Westminster

The shocking scale of the Establishment cover-up of former Liberal MP Cyril Smith’s sickening sex abuse of boys is revealed today

The shocking scale of the Establishment cover-up of former Liberal MP Cyril Smith’s sickening sex abuse of boys is revealed today
The shocking scale of the Establishment cover-up of former Liberal MP Cyril Smith’s sickening sex abuse of boys is revealed today.
For four decades, the depraved 29st politician was free to prey on vulnerable children as young as eight.
Police received at least 144 complaints by victims of the predatory paedophile yet the authorities blocked any prosecution – allowing Smith brazenly to continue his abuse.
The Liberal Party even put his name forward for a knighthood in 1988 in spite of the rumours of his sordid activities swirling around Westminster.
David, now Lord Steel nominated him for the honour despite knowing of the allegations about the bachelor MP for Rochdale, the ex-Liberal leader’s involvement emerging only in recent weeks after a Freedom of Information battle.
At Smith’s 80th birthday party, a gushing message from current Lib Dem leader Nick Clegg was read out, which said: ‘You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale.’
Now, an explosive new book serialised in the Daily Mail details how Smith – who died in 2010 aged 82 – was repeatedly protected despite being arrested for a string of sex crimes.
Written by one of Smith’s successors as MP for the Lancashire constituency, Labour’s Simon Danczuk, the book reveals:
MI5 and Special Branch officers put pressure on police to drop investigations;
child porn was found in Smith’s car but police were ordered to release him;
he was repeatedly arrested for ‘acts of gross indecency with young lads’ in public toilets but no action was taken;
Smith was a visitor to the notorious Elm Guest house in South-west London, now the focus of a Scotland Yard investigation into an alleged VIP paedophile ring;
senior Labour figures’ support of the Paedophile Information Exchange helped keep Smith ‘hidden from scrutiny’.
In his book, Smile for the Camera: the Double Life of Cyril Smith, Mr Danczuk details Smith’s ‘rapacious sexual appetite’ and highlights chilling similarities between the northern MP and fellow paedophile Jimmy Savile.
For four decades, the depraved 29st politician (pictured above in 1972) was free to prey on vulnerable children as young as eight
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For four decades, the depraved 29st politician (pictured above in 1972) was free to prey on vulnerable children as young as eight
David, now Lord Steel (centre) nominated Smith for a knighthood despite knowing of the allegations about the bachelor MP for Rochdale, the ex-Liberal leader’s involvement emerging only in recent weeks after a Freedom of Information battle
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David, now Lord Steel (centre) nominated Smith for a knighthood despite knowing of the allegations about the bachelor MP for Rochdale, the ex-Liberal leader’s involvement emerging only in recent weeks after a Freedom of Information battle
Like the DJ, Smith – who in 1973 appeared on Savile’s Clunk Click TV show – portrayed himself as a charitable man supporting young boys to provide cover for his sordid activities.
But unlike in the Savile scandal, police forces around the country repeatedly investigated sex abuse allegations against Smith yet their efforts to prosecute the MP were constantly blocked.
The book details how police officers were threatened with dismissal and gagged by the Official Secrets Act if they attempted to expose the politician’s sordid activities.

More…
‘I’ve come to examine you’: From bogus medical examinations to punishment beatings, how paedophile Cyril Smith used his powerful public image to abuse boys
The truth about Labour apologists for paedophilia: Police probe child sex group linked to top party officials in wake of Savile
Knighted by Steel and eulogised by Clegg: Cyril Smith and the indelible shame of the Liberal Party
How Cyril Smith evaded the law: Sickening folly of the Left who aided his cause by advocating paedophilia
Mr Danczuk, Rochdale MP since 2010, first raised Smith’s case in the House of Commons in 2012 after victims contacted him to tell of their ordeals at the hands of the ‘29st bully’.
One young Liberal activist was sexually assaulted in Smith’s office in the House of Commons in the 1980s as other MPs, including then Labour leader Michael Foot, walked by.
Days later, the Crown Prosecution Service revealed that his victims’ claims were investigated by police on three separate occasion – in 1970, 1998 and 1999 – but each time files were submitted to prosecutors, they were rejected.
The Liberal Party, bruised by the negative publicity surrounding the 1979 conspiracy to murder trial of its leader Jeremy Thorpe (right) and aware of Smith’s ‘electoral Midas touch’, was eager to sweep the problems under the carpet
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The Liberal Party, bruised by the negative publicity surrounding the 1979 conspiracy to murder trial of its leader Jeremy Thorpe (right) and aware of Smith’s ‘electoral Midas touch’, was eager to sweep the problems under the carpet
The CPS belatedly agreed that Smith should have been prosecuted and Greater Manchester Police publicly acknowledged, amid ‘overwhelming evidence’, that he did sexually and physically abuse young boys.
The book, co-written by Matthew Baker, reveals that as far back as the 1950s, Rochdale police had their suspicions about the politician.
Smith, MP for Rochdale between 1972 and 1992, was governor of almost 30 schools. In the 1960s, he helped to open Cambridge House children’s home, where he abused boys, often subjecting them to spurious medical examinations.
But when police launched an investigation, the chief constable of Lancashire personally intervened to stop it.
In the 1970s Smith was arrested on a number of occasions in public toilets in London’s St James’s Park, a regular haunt for young male prostitutes after dark, but always walked free.
The cover-ups continued in the 1980s when Smith’s car was pulled over on the motorway near Northampton and traffic officers discovered child porn in the boot.
At Smith’s 80th birthday party, a gushing message from current Lib Dem leader Nick Clegg was read out, which said: ‘You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale’
+12
Now, an explosive new book serialised in the Daily Mail details how Smith – who died in 2010 aged 82 – was repeatedly protected despite being arrested for a string of sex crimes
+12
At Cyril Smith’s 80th birthday party, a gushing message from current Lib Dem leader Nick Clegg was read out, which said: ‘You were a beacon for our party in the ’70s and ’80s and continue to be an inspiration to the people of Rochdale’
‘The police were naturally disgusted and wanted to press charges,’ says the book. ‘But then a phone call was made from London and he was released without charge.’
When Rochdale police first started investigating him in 1972 they were threatened by the council’s Liberal leader and, according to Mr Danczuk’s book, rumours of his activities were well known in Westminster for many years.
But the Liberal Party, bruised by the negative publicity surrounding the 1979 conspiracy to murder trial of its leader Jeremy Thorpe and aware of Smith’s ‘electoral Midas touch,’ was eager to sweep the problems under the carpet .
David Steel, who took over from Mr Thorpe as party leader, even recommended Smith for his knighthood despite knowing of the sordid rumours that surfaced in 1979 that the MP had abused young boys.
The Cabinet Office had previously refused to disclose who had put Smith forward – claiming it would breach data protection rules – but the Information Commissioner’s Office ruled earlier this year that there was a ‘legitimate public interest’ in it being disclosed.
Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing
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Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing
Lord Steel was unavailable for comment. Last year, he said he had asked Cyril Smith about the allegations of child abuse and accepted his denial of wrongdoing.
A spokesman for Mr Clegg said last night: ‘Clearly he would never have paid tribute to Cyril Smith if he had had any idea about these horrible allegations.’
The book also describes how Labour politicians’ support for a notorious paedophile group that campaigned to legalise sex with children helped Smith evade justice for years.
Earlier this year the Mail revealed the extraordinary links between the National Council for Civil Liberties and the Paedophile Information Exchange.
Labour’s deputy leader Harriet Harman, her MP husband Jack Dromey, and former Health Secretary Patricia Hewitt held key roles in the NCCL, which in 1975 granted ‘affiliate’ status to the group of predatory paedophiles.
Smith was friends with PIE founding member Peter Righton and Mr Danczuk said the NCCL’s backing for PIE helped Smith’s crimes remain secret.
‘Worryingly, it seemed a fair few on the Left, including some who have subsequently become key figures in the Labour Party, were fooled into giving this hideous group shelter.
‘All of which helped Cyril’s cause and kept him hidden from scrutiny.’
Smith was a visitor to Elm Guest House, in Barnes, south west London, which is at the centre of the Metropolitan Police’s Operation Fernbridge.
A Liberal Democrat spokesman said: ‘Cyril Smith’s acts were vile and repugnant and we have nothing but sympathy for those whose lives he ruined. His actions were not known to or condoned by anyone in the Liberal Party or the Liberal Democrats.’

‘I’ve come to examine you’: From bogus medical examinations to punishment beatings, how paedophile Cyril Smith used his powerful public image to abuse boys
By SIMON DANCZUK
The huge man, all of 29st, unlocked the door with his own key and burst into the teenager’s room.
‘Take your clothes off,’ he ordered the orphaned youngster, who was sick with the flu and had taken to his bed in the hostel instead of going to work.
‘I’ve been told you’re ill and I’ve come to examine you,’ the man declared. Yet this was no doctor, but a councillor and businessman, a respected and well-known figure in the local community.
Just like Jimmy Savile – whom he counted as a friend – Cyril Smith used his public image as a shield while manipulating his way into positions of influence over vulnerable young people he then ruthlessly abused. Above, Smith (bottom left) with children outside the House of Commons
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Just like Jimmy Savile – whom he counted as a friend – Cyril Smith used his public image as a shield while manipulating his way into positions of influence over vulnerable young people he then ruthlessly abused. Above, Smith (bottom left) with children outside the House of Commons
‘He was a colossus, more than three times my size,’ the lad recalled years later, in graphic and disturbing testimony. ‘I remember his eyes watching me like a beast sizing up its prey. In the folds of fat around his neck I could see rivulets of sweat.
‘Shaking with fear, I did as I was told. He bent down and clasped me with huge hands like shovels.
Suddenly he grasped my private parts and began to squeeze. I screamed.
‘Violence flashed in his eyes. “Now, now, lad. I’ll have none of your petulance. This is for your own good. I’m checking to see if there’s anything wrong with you,” he said, as he forced his way between my thighs again.
‘I don’t know how long it lasted, but it felt like hours.
‘When he rose there was a faint smile on his features, which twisted into a sneer as he said: “There’s nothing wrong with you, lad. You’re swinging the lead, trying to bunk off work.”
‘ “No,” I stammered. “I’ve never had a day off in my life. I’m sick.”
‘He lunged towards me and in one brutal movement threw me over his knee. Thwack, thwack, thwack.
‘His monstrous hand rained down on my bottom, smacking me until I thought I’d pass out. I cried out in pain, but that only made him hit me harder.
‘When he finished I was trembling and whimpering as he held me down and told me: “It had to be done, lad.”
‘Above his heavy breathing I could smell his rancid body odour. With a wet sponge, he then began to stroke me, rough hands sliding over the welts he had made.
‘He was humming to himself, broken every now and then by strange squeals of pleasure. “There, there,” he kept whispering, his breath bearing down on my neck.
‘When it was over he let me slide to the floor, cleared his throat and adjusted his braces. He pulled a handkerchief out of his pocket and mopped his brow.
‘ “You’ll know better now,” he said, and made his way out.
‘The door clicked shut. For a while the only thought I entertained was death.’
When he calmed down, the shattered youngster pulled his wits together.
‘I dragged my clothes on, gathered my things into a duffle bag and ran. I spent the next night huddled in a bus shelter,’ he said.
‘That winter of 1963 was the coldest in 200 years. But that was nothing compared to the chill left in me for the rest of my life.’
The sadistic bully who administered this beating at Cambridge House, a boys’ hostel in the Lancashire mill town of Rochdale — and in the process tainted this bright young man’s life — was Cyril Smith.
Smith posed as a tireless worker for children – at one point he was governor of 29 local schools and set up a youth charity, Rochdale Childer – using it all as a cover to prowl from classroom to classroom and youth club to youth club
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Smith posed as a tireless worker for children – at one point he was governor of 29 local schools and set up a youth charity, Rochdale Childer – using it all as a cover to prowl from classroom to classroom and youth club to youth club
In 1963, he was already an enormously powerful local figure, a political godfather with fingers in many pies.
Known as Mr Rochdale, he later became the town’s mayor, then its Liberal MP, and for 20 years strutted the national stage.
At Westminster, on television and in the media, Smith was a big man in every sense.
He was one of the most popular faces in politics, using his oversized appearance, humour and in-your‑face northern bluffness to stand out in a world of grey, indistinguishable politicians.
But just like Jimmy Savile — whom he counted as a friend — Smith used his public image as a shield while manipulating his way into positions of influence over vulnerable young people he then ruthlessly abused.
And, like Savile, he deployed his professional success, powerful personality and highly placed contacts to ensure he was never held to account. It was only after his death in 2010 at the age of 82 that men like that victim from Cambridge House felt safe to speak out.
Yet Cyril Smith’s dark side has always been talked about in Rochdale — and the whispers echoed through British politics.
One of the most shocking elements of his story is how the truth was known to the police and in Westminster, yet concealed from the wider public, allowing a paedophile to hide in Parliament.
When I first arrived in Rochdale as its prospective Labour candidate in 2007, I, too, was taken in by him. It was 15 years since he’d stood down as MP but he continued to cast a spell over the town.
Case studies
I’d be woken at 2am by people asking for urgent help on a problem. When I pointed out it was the middle of the night, I’d be told: ‘Cyril would always help us whatever time it was.’
A working-class boy made good, he oozed supreme confidence and had a common touch that broke down barriers, shuffling around Rochdale market in carpet slippers to buy a bag of tripe.
Although he was officially ‘retired’ from politics, he still sat in an armchair on street corners, smiling like some saintly monk while people queued to hear his homilies. Councillors couldn’t get elected without his backing.
At first, I respected him for his homespun politics, his spit-and-sawdust grit and his passion. But in time, the scales fell from my eyes and I was confronted with absolute horror. Once you looked beyond the jolly clown playing for the camera, there was a sickening, dark heart.
‘He’d grope all the boys as he gave out awards’
I saw it in police files that had been hidden for years and I heard it in the desperate voices of grown men Cyril had abused as boys.
As soon as the first victim approached me, there was no turning back. Every email, every phone call, every meeting uncovered more about his double life.
And the more I found out, the more I came to realise that this wasn’t just about abuse, it was about power — and a cover-up that reached from Rochdale all the way to the very top of the Establishment.
Smith posed as a tireless worker for children — at one point he was governor of 29 local schools and set up a youth charity, Rochdale Childer — using it all as a cover to prowl from classroom to classroom and youth club to youth club.
His happiest hunting grounds were Cambridge House, a hostel for ‘working boys’ he helped set up with other politicians, and Knowl View, a residential school for children with learning difficulties, where he was a governor and had his own set of keys, coming and going at will.
To sit before the men he abused there and listen to them recount their ordeals is an experience no one can prepare for. There is anger, confusion and a deep sense of shame as they recall violence, spanking and groping that will never be erased from their memories.
His happiest hunting grounds were Cambridge House, a hostel for ‘working boys’ he helped set up with other politicians, and Knowl View (above), a residential school for children with learning difficulties, where he was a governor and had his own set of keys, coming and going at will
+12
His happiest hunting grounds were Cambridge House, a hostel for ‘working boys’ he helped set up with other politicians, and Knowl View (above), a residential school for children with learning difficulties, where he was a governor and had his own set of keys, coming and going at will
Smith would carry out bogus medical examinations as an excuse to fondle them, or beat them as supposed punishment for breaking the rules — then ‘comfort’ them afterwards.
Those who defied him were hit and smashed against walls. Boys’ teeth were knocked out and their bodies treated like playthings.
Other details of Cyril’s abuse filtered through to me almost casually. The cleaner in my office mentioned in passing how he once played for a football team as a teenager and Smith presented the awards every year.
‘He’d grope all the boys as he was presenting their medals,’ I was told. ‘We complained to the coach, but he said we’d have to put up with it because Cyril was the sponsor and paid for the do.’
I listened, horrified. It was presented as just another everyday story of Cyril abusing boys — as if everyone knew.
I began to wonder how many other public figures over the years had received calls and letters about Cyril and not acted on them. I imagine there were a few.
‘I cried out but it only made him hit me harder’

Certainly, when I started to ask questions after getting elected, a fellow Labour MP approached me and told me to leave Cyril alone. ‘Don’t attack him, steer clear of him,’ he said. ‘It’s not worth it.’
It wasn’t just the words that irritated me, it was the look that followed. It more or less said: ‘Play the game, this is how it works, and if you want to join our club then obey our rules.’
One of the most troubling whispers that repeatedly reached me was that Cyril had been protected by MI5. But, initially at least, no one was prepared to go on the record about it.
A former Labour MP I approached started to talk but went silent after a few sentences. ‘No good will come of this,’ he said nervously. ‘It’s best left.’ And then he shut the door on me.
A former police officer I tracked down to his pub in Cheshire went white when I mentioned Cyril’s name. ‘I can’t talk about that time,’ he said, and again the door was closed.
It was hard not to conclude that powerful forces were still at work to protect Smith’s name. But the voices of the victims could not be silenced, and in the autumn of 2012, in Parliament, I named Cyril as an abuser.
After I spoke publicly, more stories flooded in, and not just from victims.
Many — as I will describe in detail in the coming days of this series — were from police officers saying Smith’s crimes were widely known to them but their superiors refused to act.
I was told of officers who found child pornography in the boot of Smith’s car, only for a mysterious call from London to tell them not to charge him.
It’s now known that on three separate occasions files were passed by Lancashire Police to the Director of Public Prosecutions and the Crown Prosecution Service containing details of Smith’s abuse. Yet on each occasion no prosecution was pursued. It is as though Cyril was untouchable
+12
It’s now known that on three separate occasions files were passed by Lancashire Police to the Director of Public Prosecutions and the Crown Prosecution Service containing details of Smith’s abuse. Yet on each occasion no prosecution was pursued. It is as though Cyril was untouchable
I was told how Smith’s case was used during police training on child abuse, with one instructor admitting there had been 144 complaints against him. Mysteriously, when this became known to her superiors, the instructor was silenced and moved to another job.
I was told how Smith was repeatedly detained for acts of gross indecency in toilets in St James’s Park, London, only for orders to discontinue inquiries in each case.
And I was told how, when other inquiries were completed and revealed compelling and disturbing evidence that Smith was a serial paedophile, they were ignored.
It’s now known that on three separate occasions files were passed by Lancashire Police to the Director of Public Prosecutions and the Crown Prosecution Service containing details of Smith’s abuse. Yet on each occasion no prosecution was pursued. It is as though Cyril was untouchable.
On one now notorious occasion, files of evidence on Smith held by Special Branch were removed by MI5 officers from the safe at police headquarters in Preston and taken to London. They were never seen again. This was just one of several cover-ups which I will reveal in detail later in this series.
Some will no doubt argue that things have changed. The cover-up of Cyril’s abuse was a long time ago. The values of the Seventies are a lot different to the standards expected in public life today. People wouldn’t stand for that now. Awareness of child abuse has improved tenfold. No one would tolerate this kind of behaviour among colleagues, surely?
I would like to believe this view, but all the signs I’ve seen suggest it’s not the case.
Cyril wasn’t the only abuser in Rochdale, and he was influential enough to ensure that other abusers were allowed to hang on to his coat-tails and carry on, undetected by the authorities.
The problem that the town has to face up to, I believe, is that paedophile gangs have been operating there for years.
A leaked report to the local health authority, by a council HIV prevention officer named Phil Shepherd, warned that men from as far away as Sheffield travelled to Rochdale to abuse boys at Knowl View School.
I will tell the full, horrifying story behind this report, and how it became public, later in this series.
But it instantly invites the questions: Who was organising this? Who knew what was happening? Who chose to remain silent?
A number of police officers have told me that Cyril was just the tip of the iceberg and, unfortunately, I expect more stories of his abuse to emerge.
I think in time we’ll hear that there were more abusers in Parliament, more terrible cover-ups.
And it won’t be just one political party that’s guilty of harbouring abusers.

Additional reporting: Matthew Baker.
By MICHAEL SEAMARK and GUY ADAMS and DANIEL MARTIN
PUBLISHED: 21:01 GMT, 11 April 2014 | UPDATED: 20:18 GMT, 12 April 2014

Find this story at 12 April 2014

© Associated Newspapers Ltd

Lib Dem candidate Dominic Carman says concerns about late MP’s behaviour were rife within Liberal party in 1970s

Liberal party grandees including the former leader Jeremy Thorpe were aware of allegations that Cyril Smith was a serial abuser of boys throughout the 1970s but failed to launch a formal inquiry, according to a Liberal Democrat candidate who has passed his concerns on to the police.

Dominic Carman, who has represented Nick Clegg’s party in two parliamentary elections, claimed that his father, the barrister George Carman, learned that concerns about the late MP for Rochdale’s behaviour were rife within the party while successfully defending Thorpe in a trial for conspiracy to murder in 1979.

Father and son discussed Liberal concerns about Smith at length in May 1979 as Thorpe prepared to go to trial, Carman said, amid concerns that their disclosure could harm the former leader’s defence.

The claims, which have been passed on to Greater Manchester police, will add to widening concern at institutional responses to allegations of abuse against the MP, who died in 2010. Officers believe that Smith was a prolific abuser of boys and should have been charged with crimes more than 40 years ago, it emerged in November.

They will also increase pressure upon the Liberal Democrats as they are forced to confront allegations of sexual harassment against Lord Rennard, one of the party’s most senior figures. Rennard denies any wrongdoing. There is no suggestion he was aware of the claims about Smith.

The party announced an inquiry last week into how it has handled past complaints of sexual impropriety. Tim Farron, the party’s president, has admitted that the party has “screwed up” inquiries into claims that Rennard groped or propositioned female activists.

Simon Danczuk, the Labour MP who first raised concerns about Smith’s activities in parliament in November, said that there is a pattern whenever allegations of sexual abuse emerge inside the Liberal Democrats. “They bury their heads in the sand and claim to know nothing. For the sake of Rochdale victims, Clegg has to stop stonewalling and now come clean on what his party knew about the sexual abuse carried out by Cyril Smith,” he said.

The Thorpe trial gripped the nation in 1979, amid claims of illicit affairs, greed, murder and revenge.

Thorpe, who led the Liberal party for nine years, was accused of plotting the murder of his alleged former lover, Norman Scott, for threatening to uncover their alleged affair. It was claimed that Thorpe and others had hired a hitman to kill Scott, but that the hitman had shot dead Scott’s dog, Rinka, instead.

George Carman’s reputation as a fearsome counsel was cemented after he cross-examined Scott. His son, Dominic Carman, who stood for the Lib Dems in 2010 in Barking and again at the Barnsley byelection in 2011, said that he discussed the Smith allegations with his father in May 1979 as the trial was about to begin.

These discussions were, he claimed, prompted by the publication in the week before the trial of allegations that Smith had abused boys in a children’s hostel printed in the Rochdale Alternative Press, a small circulation local magazine.

Thorpe’s legal team was concerned that the magazine’s report might be followed up by a national newspaper and have a negative impact upon the trial, Carman said.

“My father was told by Thorpe that senior Liberals knew of the serious nature of the allegations against Smith and that they dated back many years. I approached the police in December with information,” Carman said. A spokesman for Greater Manchester police confirmed that an officer has spoken to Carman.

Thorpe was cleared of plotting to murder Scott but failed to regain his political career.

Another source who also claimed to have spoken to George Carman during the trial said that the barrister was concerned about the possible impact of further revelations in the Thorpe trial.

“The reason that it was a genuine fear was because there were so many allegations against Smith involving boys that one assumed there was no smoke without fire,” the source said.

Smith was named by Danczuk in November on the floor of the House of Commons as a serial abuser of boys. Victims of Smith claim he abused many young boys in a hostel and a school in the late 1960s and continued to abuse others into the 1980s.

Police first investigated the claims in 1968, but the Crown Prosecution Service concluded there was no case to answer.

In November, the Crown Prosecution Service re-examined their files but this time said that, if the same evidence was unearthed today, they would have prosecuted Smith.

Alan Collins, a solicitor who represents 11 men who claim they were abused by Smith, urged the Lib Dems to come clean about what it knew about Smith’s abuse of young boys.

“The fact is a group of sexual abuse victims were cheated of justice and the smell of cover-up hangs in the air and needs one way or the other to be dispersed,” he said.

Thorpe, 83, who has Parkinson’s disease, has been given a list of detailed questions asking what he knew of allegations surrounding Smith, but has not responded.

Alistair Carmichael, the Liberal Democrat chief whip, conducted an internal inquiry into what MPs knew about Smith’s abuse of young boys in December, and concluded that there was no case to answer.

A spokesman for the Liberal Democrats said they would help police in any future inquiries into Smith: “We are a completely different party to the Liberals on 1979 – a different structure and different rules.”

Rajeev Syal
theguardian.com, Tuesday 26 February 2013 17.20 GMT

Find this story at 26 February 2013

© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Police find ‘overwhelming evidence’ former Rochdale MP attacked vulnerable boys and CPS criticises 1970s decision not to prosecute

Police have acknowledged that the late MP Sir Cyril Smith repeatedly physically and sexually abused children at a Rochdale care home but escaped answering the allegations after prosecutors declined to put him on trial.

Smith, the Liberal and subsequently Liberal Democrat MP for the town, who died in 2010, was the subject of police investigations dating back to the 1960s.

In a statement, Greater Manchester Police said there was “overwhelming evidence” that he attacked boys, six at the Cambridge House children’s home in Rochdale, and two others.

Smith was secretary of the Rochdale Hostel for Boys Association, where he was accused of abusing vulnerable youngsters by spanking and touching them.

The announcement is the first official recognition that Smith went to his grave without answering for his alleged crimes.

In another statement, the Crown Prosecution Service said a decision not to prosecute made in 1970 by the then director of public prosecutions would not have been made today. The CPS said attitudes and the law had changed, but added that one factor that allowed Smith to escape trial was an assessment by the DPP in 1970 that “the characters of some of these young men would be likely to render their evidence suspect”.

The first investigation into Smith uncovered eight youths who alleged that Smith attacked them when they were teenagers, between 1961 and 1966. The descriptions of the attacks were similar and according to the CPS “were allegedly conducted on the pretexts of either a medical examination or punishment for misbehaviour”.

Greater Manchester police said: “The force is now publicly acknowledging that young boys were victims of physical and sexual abuse committed by Smith.”

The statements from police and the prosectors come ahead of new media revelations about Smith and the failure to prosecute him which were expected to surface on Wednesday.

Assistant Chief Constable Steve Heywood said: “If the same evidence was presented to the CPS today, there would have been a very realistic prospect that Smith would have been charged with a number of indecent assaults, and that the case would have been brought to trial.

“Clearly that is a bold statement to make but it is absolutely important for those victims who were abused by Smith that we publicly acknowledge the suffering they endured. Although Smith cannot be charged or convicted posthumously, from the overwhelming evidence we have it is right and proper that we should publicly recognise that young boys were sexually and physically abused.”

Police would pursue allegations that Smith was helped to commit his attack by other people who are still alive, but as yet such claims have not surfaced.

In 1998 and 1999, Greater Manchester Police passed two separate files to the CPS about Smith’s activities at Cambridge House, but on both occasions no further action was recommended.

Simon Danczuk, the Labour MP for Rochdale, who first raised allegations against Smith on the floor of the House of Commons, said the CPS had serious questions to answer over its failure to act in the past.

A Liberal Democrat spokesman said: “These allegations are abhorrent and should be taken very seriously.

“Clearly the party does not endorse any person proved to have been in incidents such as these. All allegations should have been investigated thoroughly with the authorities taking whatever action necessary.

“Any new allegations should be made to the police. The Liberal Democrats are not aware of any allegations being made to the party, and have never been involved in any investigations.

“The alleged incidents and the reported police investigations took place outside of the time Cyril Smith was a Liberal MP.”

Vikram Dodd and Rajeev Syal
The Guardian, Tuesday 27 November 2012 20.16 GMT

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© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Court to conduct preliminary examination of around 60 alleged cases of unlawful killing and claims of mistreatment

The ICC will examine separate allegations, mostly from former detainees held in British miltiary custody in Iraq. Photograph: Ian Waldie/Getty Images
Allegations that British troops were responsible for a series of war crimes after the invasion of Iraq are to be examined by the international criminal court (ICC) at The Hague, the specialist tribunal has announced.

The court is to conduct a preliminary examination of what have been estimated to be 60 alleged cases of unlawful killing and claims that more than 170 Iraqis were mistreated while in British military custody during the conflict.

British defence officials are confident that the ICC will not move to the next stage and announce a formal investigation, largely because the UK has the capacity to investigate the allegations itself.

However, the announcement is a blow to the prestige of the armed forces as the UK is the only western state that has faced a preliminary investigation at the ICC. The court’s decision places the UK in the company of countries such as the Central African Republic, Colombia and Afghanistan.

In a statement released on Tuesday, the ICC said: “The new information received by the office alleges the responsibility of officials of the United Kingdom for war crimes involving systematic detainee abuse in Iraq from 2003 until 2008.

“The reopened preliminary examination will analyse, in particular, alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq between 2003 and 2008.”

But Dominic Grieve, the attorney general, said the government rejected any allegation that there was systematic abuse carried out by the British armed forces in Iraq.

“British troops are some of the best in the world and we expect them to operate to the highest standards, in line with both domestic and international law,” he said. “In my experience, the vast majority of our armed forces meet those expectations.”

Grieve added that, although the allegations were already being “comprehensively investigated” in Britain, “the UK government has been, and remains, a strong supporter of the ICC and I will provide the office of the prosecutor with whatever is necessary to demonstrate that British justice is following its proper course”.

The investigation means there will be a degree of scrutiny from The Hague of the British police team responsible for investigating the allegations, as well as the Service Prosecuting Authority (SPA), which is responsible for bringing courts martial cases, and Grieve, who must make the final decision on war crimes prosecutions in the UK.

The decision by the ICC chief prosecutor, Fatou Bensouda, was made after a complaint was lodged in January by the Berlin-based human rights NGO the European Centre for Constitutional and Human Rights and a Birmingham law firm, Public Interest Lawyers (PIL) – which represented the family of Baha Mousa, the Iraqi hotel receptionist tortured to death by British troops in 2003 – and has since represented scores of other men and women who were detained and allegedly mistreated.

The process of a preliminary examination can take several years.

The newly appointed head of the SPA, Andrew Cayley QC, who has 20 years’ experience of prosecuting at war crimes tribunals in Cambodia and at The Hague, said he was confident that the ICC would eventually conclude that the UK should continue to investigate the allegations. Cayley said the SPA “will not flinch” from bringing prosecutions if the evidence justified it.

He added that he did not expect any civilians – officials or government ministers – would end up facing prosecution.

Any war crime committed by British servicemen or servicewomen is an offence under English law by virtue of the International Criminal Court Act 2001.

The ICC has already seen evidence suggesting that British troops did commit war crimes in Iraq, concluding after receiving a previous complaint in 2006: “There was a reasonable basis to believe that crimes within the jurisdiction of the court had been committed, namely wilful killing and inhuman treatment.”

At that point, the court concluded that it should take no action, as there were fewer than 20 allegations.

Many more cases have emerged in recent years. Currently, the Iraq Historic Allegations Team, the body set up by the Ministry of Defence to investigate complaints arising from the five-year British military occupation of the south-east of the country, is examining 52 complaints of unlawful killing involving 63 deaths and 93 allegations of mistreatment involving 179 people.

The alleged unlawful killings include a number of deaths in custody and the complaints of mistreatment range from relatively minor abuse to torture.

PIL withdrew allegations of unlawful killings arising out of one incident, a firefight in May 2004 known as the battle of Danny Boy, although an inquiry continues to examine allegations that a number of insurgents taken prisoner at that time were mistreated.

The ICC will examine separate allegations, mostly from former detainees held in Iraq. Following the death of Baha Mousa, one soldier, Corporal Donald Payne, admitted being guilty of inhumane treatment of detainees and was jailed for one year. He became the first and only British soldier to admit a war crime.

Six other soldiers were acquitted. The judge found that Mousa and several other men had been subjected to a series of assaults over 36 hours, but a number of charges had been dropped because of “a more or less obvious closing of ranks”.

The MoD admitted to the Guardian four years ago that at least seven further Iraqi civilians had died in UK military custody. Since then, no one has been charged or prosecuted.

• This article was amended on Tuesday 13 May 2014 to reflect the fact that the ICC is not an EU institution, and to remove a reference to the forthcoming European elections.

Ian Cobain
The Guardian, Tuesday 13 May 2014 18.34 BST

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© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

Harper facing criticism from human rights groups

The four-page, 2010 framework document, sent to then-Defence Minister Peter MacKay, says when there is a “substantial risk” that sending information to – or soliciting information from – a foreign agency would result in torture, the matter should be referred to the responsible deputy minister or agency head.
The four-page, 2010 framework document, sent to then-Defence Minister Peter MacKay, says when there is a “substantial risk” that sending information to – or soliciting information from – a foreign agency would result in torture, the matter should be referred to the responsible deputy minister or agency head. Pawel Dwulit/Canadian Press

The Conservative government has secretly ordered the Canadian military to share information with allies even when there’s a serious risk it could lead to torture.

The Defence Department was making good progress on developing a directive from the minister to put the policy into effect, a newly declassified memo shows.

The memo reveals Defence was slated to be the fifth and final federal agency to apply the Harper government’s instruction to exchange information with a foreign agency when doing so may give rise to a “substantial risk” of torture.

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The others are the Canadian Security Intelligence Service, the RCMP, the Canada Border Services Agency and Communications Security Establishment Canada, the electronic eavesdropping agency known as CSE.

The Canadian Press obtained a copy of the November 2011 memo under the Access to Information Act.

National Defence cannot release a copy of the resulting directive on information sharing — nor say when it was completed and issued — because it’s a classified document, said department spokeswoman Tina Crouse.

“We don’t have any comment right now,” she said.

Effectively condones torture
The federal policy has drawn sharp criticism from human rights advocates and opposition MPs, who say it effectively condones torture, contrary to international law and Canada’s United Nations commitments.

The war in Afghanistan is a stark illustration of the fact Canadian military forces can and do develop close relationships with foreign security forces that are unquestionably responsible for torture, said Alex Neve, secretary general for Amnesty Canada.

”Analyze the situation. If you think that sharing this information is likely to contribute to torture abroad, don’t do it.’- Justice Dennis O’Connor
A policy that leaves the door open for the possibility of collaboration even if torture may result “is particularly troubling,” Neve said in an interview.

The memo says the Defence directive was to flow from a federal framework that “establishes a consistent process of decision making” across departments and agencies when the exchange of national-security related information puts someone at serious risk of being tortured.

The four-page, 2010 framework document, previously released under the access law, says when there is a “substantial risk” that sending information to — or soliciting information from — a foreign agency would result in torture, the matter should be referred to the responsible deputy minister or agency head.

Certain factors considered
In deciding what to do, the agency head will consider various factors, including the threat to Canada’s national security and the nature and imminence of the threat; the status of Canada’s relationship with — and the human rights record of — the foreign agency; and the rationale for believing that sharing the information would lead to torture.

arar_maher040122
Maher Arar, a Syrian-born Canadian, was detained in New York in September 2002 and deported soon after by U.S. authorities. A federal commission of inquiry concluded that faulty information the RCMP passed to the Americans likely led to the Ottawa engineer’s traumatic detention. ((CBC))

The framework says it applies primarily to sharing with foreign government agencies and militaries, but also with military coalitions, alliances and international organizations.

In 2011, then-public safety minister Vic Toews issued directives to CSIS, the RCMP and the federal border agency that closely followed the wording of the government-wide framework.

That same year, MacKay issued a similar directive to CSE, which reports to the defence minister.The newly released memo, prepared for Peter MacKay — defence minister at the time — says the directive for his department was being “tailored to recognize the unique operational needs of a military organization.”

Maher Arar, a Syrian-born Canadian, was detained in New York in September 2002 and deported soon after by U.S. authorities — ending up in a vile Damascus prison cell. Under torture, he gave false confessions to Syrian military intelligence officers about involvement with al-Qaeda.

IN DEPTH: Maher Arar
A federal commission of inquiry, led by Justice Dennis O’Connor, concluded that faulty information the RCMP passed to the Americans very likely led to the Ottawa telecommunications engineer’s traumatic detention.

O’Connor recommended that information never be provided to a foreign country where there is a credible risk it will cause or contribute to the use of torture.

Critics say the recent federal directives on information sharing are squarely at odds with that recommendation.

It would have been easy to write a policy that conforms with it, Neve said.

“Analyze the situation. If you think that sharing this information is likely to contribute to torture abroad, don’t do it.”

The Canadian Press
Posted:Apr 13, 2014 1:29 PM ET
Last Updated:Apr 13, 2014 1:29 PM ET

Find this story at 13 April 2014

© The Canadian Press, 2014

WASHINGTON — Two weeks ago, a pair of F.B.I. agents appeared unannounced at the door of a member of the defense team for one of the men accused of plotting the 9/11 terrorist attacks. As a contractor working with the defense team at Guantánamo Bay, Cuba, the man was bound by the same confidentiality rules as a lawyer. But the agents wanted to talk.

They asked questions, lawyers say, about the legal teams for Ramzi bin al-Shibh, Khalid Shaikh Mohammed and other accused terrorists who will eventually stand trial before a military tribunal at Guantánamo. Before they left, the agents asked the contractor to sign an agreement promising not to tell anyone about the conversation.

With that signature, Mr. bin al-Shibh’s lawyers say, the government turned a member of their team into an F.B.I. informant.

The F.B.I.’s inquiry became the focus of the pretrial hearings at Guantánamo this week, after the contractor disclosed it to the defense team. It was a reminder that, no matter how much the proceedings at the island military prison resemble a familiar American trial, the invisible hand of the United States government is at work there in ways unlike anything seen in typical courtrooms.

“It’s a courtroom with three benches,” said Eugene R. Fidell, who teaches military justice at Yale Law School. “There’s one person pretending to be the judge, and two other agencies behind the scenes exerting at least as much influence.”

Thirteen years after 9/11, nobody has been convicted in connection with the attacks and, because of the F.B.I. visit, a trial could be delayed even longer. But it was only the latest in a string of strange events at Guantánamo Bay that, coupled with the decade-long delay, have undermined a process that was supposed to move swiftly, without the encumbrances of the civilian legal system and its traditional rules of evidence.

Last year, as a lawyer for Mr. Mohammed was speaking during another hearing, a red light began flashing. Then the videofeed from the courtroom abruptly cut out. The emergency censorship system had been activated. But why? And by whom? The defense lawyer had said nothing classified. And the court officer responsible for protecting state secrets had not triggered the system. Days later, the military judge, Col. James L. Pohl, announced that he had been told that an “original classification authority” — meaning the C.I.A. — was secretly monitoring the proceedings. Unknown to everyone else, the agency had its own button, which the judge swiftly and angrily disconnected.

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Last year, the government acknowledged that microphones were hidden inside what looked like smoke detectors in the rooms where detainees met with their lawyers. Those microphones gave officials the ability to eavesdrop on confidential conversations, but the military said it never did so.

“At some point, it just becomes silly,” said Glenn Sulmasy, a military law professor at the Coast Guard Academy who supports military trials for terrorism but said problems at Guantánamo Bay have undermined confidence in the system. “I don’t think we’re at that point yet, but at some point it just becomes surreal. It’s like there’s a shadow trial going on and we’re only finding out about it in bits and pieces.”

The court has also been troubled by computer problems. A botched computer update gave prosecutors and defense lawyers access to the other side’s confidential work. And the Pentagon acknowledged inadvertently searching and copying defense lawyers’ emails but said nobody read them.

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“These things keep happening,” a defense lawyer, James Harrington, said this week as he asked for an investigation into the F.B.I.’s activities. The other instances seemed like government intrusion, Mr. Harrington said, but lawyers could not prove it. “Here it really happened.”

The F.B.I. would not comment and military prosecutors said they knew nothing about the investigation. But the F.B.I. appears to be investigating how The Huffington Post got ahold of a 36-page manifesto that Mr. Mohammed had written in prison.

The government hopes to start the trial early next year, but it is not clear whether this issue will result in another delay. Mr. Harrington said he wanted Colonel Pohl to question F.B.I. officials and determine whether anyone else on the defense team had been approached by or gave information to the government.

“It’s just a horrible atmosphere to operate in,” Mr. Harrington said Friday. “It’s built on a shaky foundation, and one thing after another happens. I don’t see how anyone can have confidence in this process.”

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gmcnulty 24 days ago
The 9/11 terrorist murdered my son that day in September but I am sickened by the actions of some within our government.No matter what there…
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I have zero faith in the bureaucrats that run (leach off) our country. I am an eye for an eye purist, but we have laws for a reason. The…
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This is what our country has become, our so-called Democracy land of the free and the CIA.
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Christopher Jenks, a Southern Methodist University law professor and a former military prosecutor, said he sympathized with the Guantánamo prosecutors, who appeared to have been just as surprised as defense lawyers by the appearance of the F.B.I. and C.I.A. in their cases.

“You have these military prosecutors who are normally empowered to own their cases. And they don’t here,” Mr. Jenks said. If this were any other country’s system, Mr. Jenks said, “The reaction would be, ‘Oh my gosh. What a kangaroo process.’ ”

President George W. Bush created the military tribunal system for suspected terrorists in 2001. Years of court challenges followed and after the Supreme Court struck down the tribunal’s rules in 2006, Congress hurriedly wrote new rules giving prisoners more rights. More changes followed in 2009 and the government says the process is far better and fairer now.

The 9/11 trial, if it occurs, will be the biggest test of that system. Six detainees in other cases have pleaded guilty before military commissions. Two others have gone to trial and been found guilty, only to have their convictions thrown out by an appeals court.

Greg McNeal, a former adviser to the top Guantánamo prosecutor, said the military tribunal system was ripe for episodes like the one with the F.B.I. because it is so new. The civilian system and the traditional military judicial system have well-established rules and precedents for handling issues that arise. “Because it’s new and different, they may have a sense that they can get away with things,” Mr. McNeal said. He added, “There are interagency fights happening behind the scenes that have been going on for the past decade.”

The Obama administration had hoped to prosecute the 9/11 case in a New York criminal court. But it reversed course in the face of security fears and criticism that the government would grant constitutional rights to terrorists.

While the military tribunals have been plagued by delays, the department has successfully prosecuted several terrorism cases in civilian courts. Most recently, prosecutors in Manhattan won a conviction against Sulaiman Abu Ghaith, the most senior adviser to Osama bin Laden to be tried in civilian court in the United States since 9/11.

Attorney General Eric H. Holder Jr. noted that the New York case had proceeded from capture to conviction in about a year. “It is hard to imagine this case being presented with greater efficiency or greater speed,” he said.

Correction: April 22, 2014
An article on Saturday about the F.B.I.’s involvement in terrorism-related trials misspelled the surname of a Southern Methodist University law professor and former military prosecutor. He is Christopher Jenks, not Jencks.

By MATT APUZZO APRIL 18, 2014

Find this story at 18 April 2014

© 2014 The New York Times Company

FORT MEADE, Md. — A military judge ordered prosecutors on Tuesday to turn over never-revealed details about the time a Guantánamo Bay detainee spent in secret C.I.A. prisons after his arrest in connection with the deadly attack on the destroyer Cole in Yemen.

The order was a victory for defense lawyers representing the detainee, Abd al-Rahim al-Nashiri, who is accused of orchestrating the Oct. 12, 2000, bombing of the Cole in Aden, Yemen. The attack killed 17 American sailors, wounded 42 others and tore a huge hole into the side of the ship.

Mr. Nashiri, who was born in Saudi Arabia, has been held at the United States military prison at Guantánamo Bay, Cuba, since 2006, after spending time at a series of secret C.I.A. prisons.

A C.I.A. inspector general’s report said Mr. Nashiri, considered to have once been one of the most senior leaders in Al Qaeda, was waterboarded and threatened with a gun and a power drill because interrogators believed he was withholding information about possible attacks against the United States. Such practices were allowed under rules approved by the George W. Bush administration, but many have since been repudiated.

Prosecutors, who can appeal Tuesday’s ruling, had argued that information about Mr. Nashiri’s time spent in C.I.A. custody was irrelevant. The defense says the case was tainted by C.I.A. actions in the secret prisons and could be used to spare him from the death penalty.

The government has confirmed little about what happened in the C.I.A. prisons. Tuesday’s order, by Col. James L. Pohl, a judge with the United States Army, did not make any details available to the public. His order explicitly noted that all parties in the case are required to follow a protective order barring release of classified information.

The judge said the government must provide details about Mr. Nashiri’s capture, detention, rendition and interrogation. The information the judge ordered the government to reveal included a chronology of how Mr. Nashiri was shuttled among the secret prisons, and how he was transported, clothed and restrained. The government must also provide reports, summaries of interrogations and any photos or videos documenting his confinement conditions.

Under the rules for military commissions, prosecutors are barred from using any evidence or testimony obtained by coercion, and the defense has argued that all information from Mr. Nashiri is tainted by the harsh treatment he endured.

The hearing was held Tuesday at Guantánamo Bay, but reporters were able to watch it here.

By THE ASSOCIATED PRESSAPRIL 22, 2014

Find this story at 22 April 2014

© 2014 The New York Times Company

Judge James Pohl orders agency to produce detailed account of its detention of USS Cole bombing suspect at secret prison

A judge overseeing the trials of terror suspects at Guantánamo Bay has ordered the CIA to turn over details of its treatment of a detainee in one of its secret prisons, a watershed ruling that sets the stage for the military commissions to learn much more than the US public about the agency’s brutal interrogations.

While the ruling is still sealed, Judge James Pohl, an army colonel, issued the order on Monday for the CIA to produce a detailed account of its detention and interrogation of Abd al-Rahim al-Nashiri, who is charged with orchestrating the bombing of the USS Cole in 2000 that killed 17 US sailors.

Details of the order, issued through the military commissions prosecution team, were first reported by the Miami Herald on Thursday.

Pohl is also the judge overseeing the stalled 9/11 tribunal involving Khalid Sheikh Mohammed and four other detainees. Their defense attorneys have long bemoaned their lack of access to CIA information about the treatment of their clients before their 2006 arrival at Guantánamo, which they argue directly impacts their fitness to stand trial and the evidence underlying their cases.

The defense teams in the 9/11 tribunal said on Thursday they would seek Pohl’s ruling on similar disclosure orders covering everything from a chronology of their clients’ detention, to any approvals by the CIA of the use of particular interrogation techniques.

Pohl’s move comes as the CIA is locked in a bitter public battle with the Senate intelligence committee over the panel’s recent report into the agency’s post-9/11 torture programs. It opens a new front for the agency in an unexpected venue.

A bright spot for the CIA may be that Pohl has not ruled that information regarding Nashiri’s treatment – which, according to declassified information, involved waterboarding and a threat with a gun and a revved power drill – must be made public, but rather turned over to the commission.

Lawyers for one of the defendants, Ammar al-Baluchi, filed a motion on April 2 to acquire the Senate committee report. Lawyers for Baluchi and co-defendant Ramzi bin al-Shibh said that the defense teams were now petitioning Pohl to issue a similar order for CIA disclosure in their cases.

“It is important to know what happened, who did it, where did it happen, who authorized it, who knew about it, and what was the result,” said Baluchi’s attorney, James Connell.

“Those are the important thing to know in order to answer some of the hugest questions in this case: what was the pretrial treatment of the defendants, what was the impact on the admissibility of their statements, what impact does it have on the United States’ compliance with international standards, and what impact does it have on the appropriate sentence of the case, if any.”

Pohl’s order to the CIA reportedly requires the agency to turn over more information than is contained in the portions of the report that the committee recently voted to declassify, including communications between the so-called “black site” prisons and agency headquarters; names of interrogators; and the techniques used on Nashiri.

Brigadier General Mark Martins, the chief military commissions prosecutor in both cases, did not tip his hand as to whether he would contest the CIA disclosure order.

“We are studying that ruling,” Martins said.

“I can pledge that whatever happens, whatever we do will adhere to the rule of law and will be an effort to seek justice.”

CIA spokesman Dean Boyd declined comment, saying: “As a general matter, CIA does not comment on ongoing court litigation.”

Human rights advocates hailed Pohl’s ruling on the CIA as a potential transparency breakthrough.

“For the first time, the CIA is being forced to disclose details about secret black sites and torture that it has fought for years to hide,” said Hina Shamsi, an attorney with the ACLU.

“Without this information, defense lawyers cannot properly do their job and represent their client.”

Andrea Prasow of Human Rights Watch said the Pohl ruling “represents a chink in the armor of secrecy that the US government erected around its torture program”.

Along with the Senate report’s partial declassification, “it is only a matter of time before the public will learn the horrific details of officially sanctioned torture, and the pattern of lies designed not only to allow torture to continue, but to immunize torturers from prosecution,” Prasow said.

If the prosecution believes the defense teams in either the Nashiri or the 9/11 case ought to receive CIA accounts of their treatment in the agency’s custody but the CIA disagrees, Connell said the tribunals in either case would have to be paused to resolve the dispute.

“The agency with equities in that information can have a veto over the prosecution,” Connell said.

Spencer Ackerman at Guantánamo Bay
theguardian.com, Thursday 17 April 2014 18.39 BST

Find this story at 17 April 2014

© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.

GUANTANAMO BAY NAVY BASE, Cuba — The military judge in the USS Cole bombing case has ordered the CIA to give defense lawyers details — names, dates and places — of its secret overseas detention and interrogation of the man accused of planning the bombing, two people who have read the still-secret order said Thursday.

Army Col. James L. Pohl issued the five-page order Monday. It was sealed as document 120C on the war court website Thursday morning and, according to those who have read it, orders the agency to provide a chronology of the overseas odyssey of Abd al Rahim al Nashiri, 49, from his capture in Dubai in 2002 to his arrival at Guantánamo four years later.

The order sets the stage for a showdown between the CIA and a military judge, if the agency refuses to turn over the information to the prosecution for the defense teams. The order comes while the CIA fights a bitter, public battle with the Senate on its black site torture investigation.

The judge’s order instructs prosecutors to provide nine categories of closely guarded classified CIA information to the lawyers — including the names of agents, interrogators and medical personnel who worked at the so-called black sites. The order covers “locations, personnel and communications,” interrogation notes and cables between the black sites and headquarters that sought and approved so-called enhanced interrogation techniques, the two sources said.

It does not, however, order the government to turn over Office of Legal Counsel memos that both blessed and defined the so-called Torture Program that sent CIA captives to secret interrogations across the world after the Sept. 11, 2001 attacks — out of reach of International Committee of the Red Cross delegates.

“It’s a nuclear bomb that may shut down the case,” said one person who read the order and is not a part of the Cole case.

It covers so many of the agency’s closely guarded secrets that the source predicted “the prosecution would probably take an interlocutory appeal,” meaning rather than release the information Pentagon prosecutors will ask a military commissions appeals court to overrule Pohl.

It was not known whether the CIA would assert a national security privilege. “As a general matter, CIA does not comment on ongoing court litigation,” said agency spokesman Dean Boyd.

Different remedies sometimes suggested by defense attorneys in pretrial hearings range from abating the proceedings until the government complies to making life in prison, rather than military execution, the maximum possible penalty.

The chief prosecutor, Army Brig. Gen. Mark Martins, would not comment on whether he would appeal.

“We are studying that order,” he said, adding that the prosecution would comply with both “the rule of law” and “our discovery obligation.”

Nashiri pretrial hearings are still scheduled for next week, he said.

Defense lawyers at the five-man Sept. 11 war crimes trial said Thursday that, upon learning of Pohl’s order in the USS Cole case, they styled a motion seeking access to the same CIA information about their clients.

After the Miami Herald disclosed the order Thursday morning, Nashiri’s civilian lawyer, Rick Kammen, cast it as material that “the prosecution has publicly resisted producing.”

“The prosecution’s argument that the defense is precluded from checking the government’s work is frivolous. One of the defense functions is to check the government’s story,” he said. “The biggest cause of reversals in capital cases is due to prosecutorial withholding of exculpatory material including material relevant to punishment.”

He added: “We also note that the CIA has lied to at least three federal courts, the 9/11 Commission and, according to the newspapers, Congress. This demonstrated history of lying clearly obligates us to a full investigation.”

Even if the prosecution does secure the information from the CIA and releases it to Nashiri’s lawyers, that does not necessarily mean that the public will get to know the details.

The program is still classified, and Pohl ordered the material produced as discovery — for pretrial preparation in the case of Nashiri, the Saudi captive who the U.S. has called the mastermind of al-Qaida’s suicide bombing.

Two men sailed a bomb-laden skiff alongside the Cole on Oct. 12, 2000, and blew themselves up, crippling the warship and killing 17 U.S. sailors.

The development comes two weeks after the Senate voted to declassify a portion of an investigation of the so-called CIA torture program that could contain some of the answers sought by lawyers for Nashiri before his death-penalty trial. But the judge’s order appears to go further to a level of detail not provided in the executive summary, findings and recommendations that might be made public, if President Barack Obama agrees.

It also follows the recent Pentagon release of unclassified portions of a secret Feb. 22 Cole case hearing among lawyers with security clearances that allow them to know certain aspects of the still-secret CIA Rendition, Detention and Interrogation (RDI) program.

One person who read Pohl’s ruling this week said the order “largely ordered a huge amount of RDI material produced to the defense.” Pohl apparently at one point specifies that information must be unredacted, not blacked out.

At that hearing, the lead prosecutor preparing for Nashiri’s Dec. 4 death-penalty tribunal, Navy Cmdr. Andrea Lockhart, argued that the government had provided the defense with anything “relevant” to trial preparation.

The defense doesn’t have the authority to “double-check the government’s work,” Lockhart told the judge, “and they certainly don’t have the right to do their own independent investigation” of what happened to Nashiri.

Pohl apparently concluded otherwise.

Defense lawyers want to independently reconstruct what happened to Nashiri in secret confinement to challenge the integrity of certain evidence and to argue that his mistreatment disqualifies a death penalty sentence.

The CIA waterboarded him, and an internal abuse investigation showed its agents interrogated Nashiri while he was nude and that they threatened him with a revving power drill, handgun and threats to sexually assault his mother.

Chief prosecutor Martins, has already noted that the Obama administration revamped the tribunal to prohibit use of involuntary interrogations at trial. In the transcript, Lockhart says all mistreatment of Nashiri is now in the public domain.

Navy Cmdr. Brian Mizer, one of Nashiri‘s lawyers, told the Miami Herald recently that an investigation of the treatment should determine whether any of Nashiri’s answers to questions at Guantánamo were truly voluntary: “You have to get back to the past to determine whether this is just a dog barking on command.”

A military medical board has diagnosed Nashiri, 49, a self-described former millionnaire merchant from Mecca, as having post-traumatic stress disorder and a major depressive disorder.

His lawyers want to interview officials who worked at the black sites, comb through manifests and read approved Standard Operating Procedures on so-called enhanced interrogation techniques that spelled out how to waterboard Nashiri in secret custody.

Posted on Thursday, 04.17.14
BY CAROL ROSENBERG

Find this story at 17 April 2014

Copyright 2014 Miami Herald Media Co.

WASHINGTON — A secret Senate report on the CIA’s treatment of Al Qaeda detainees from 2001 to 2006 concludes that the spy agency used brutal, unauthorized interrogation techniques, misrepresented key elements of the program to policymakers and the public, and actively sought to undermine congressional oversight, officials who have read the report say.

Contrary to previous assertions by President George W. Bush and CIA leaders, the use of harsh interrogation techniques — which many consider to be torture — did not produce game-changing intelligence that stopped terrorist attacks, the report concludes. Though detainees supplied useful intelligence after such treatment was applied, the report argues that the information could have been elicited through noncoercive methods.

The 6,200-page report was produced by Democratic staffers on the Senate Intelligence Committee, which earlier this month voted 11 to 3 to seek declassification of a 480-page executive summary and a list of findings. The White House and the CIA will now decide what, if anything, must be censored for national security before the summary is released to the public.

The report’s top-line conclusions amount to a scathing indictment of the CIA. Current and former agency officials and many Senate Republicans say they take issue with some of the findings, although not all the specific points of dispute are clear.

“Given that the report remains classified, we are unable to comment,” CIA spokesman Dean Boyd wrote in an email. “Our response to the 2012 version of the report found several areas in which CIA and [the committee] agreed, and several other areas in which we disagreed.”

After the terrorist attacks of Sept. 11, 2001, the CIA held Al Qaeda operatives in secret prisons in Europe and Asia and received permission to use sleep deprivation, stress positions, slapping, humiliation and other techniques to break down detainees viewed as uncooperative. Among the most controversial techniques was waterboarding, which creates a sensation of drowning.

The Justice Department had authorized the CIA to use the techniques in a series of secret legal opinions that have since been rescinded.

Bush and CIA officials involved in the program say it produced crucial, lifesaving intelligence. Critics say some of the techniques amounted to torture that was both immoral and ineffective.

Those who have seen the report, who did not want to be identified discussing a classified document, say it concludes that the CIA misled the Justice Department, the White House and congressional leaders about key elements of the program and exaggerated the intelligence gained from using the harsh techniques. In many cases, the report says, the best intelligence a detainee provided was obtained before the techniques were used.

Officials say the report also found that the CIA used techniques that hadn’t been approved by the Justice Department or CIA headquarters, and that even the approved techniques were far more brutal and harmful to detainees than the CIA communicated to senior policymakers and members of Congress who were briefed on the program.

The program was so badly mismanaged that the CIA did not always have an accurate accounting of how many detainees it held, the report is said to conclude. Sources said the report found that much of the program was outsourced to contractors, including two psychologists, James Mitchell and Bruce Jessen, who were the architects of the program and personally conducted some of the waterboarding sessions.

CIA employees who raised questions internally about the use of the coercive techniques were ignored, the report concludes, and CIA interrogators who committed misconduct were not held accountable. A Justice Department criminal investigation looking at whether CIA officers could be prosecuted in connection with the harsh interrogations ended in 2011 with no charges filed.

Senate staffers spent years poring over millions of pages of CIA documents to complete the report. They were prevented from interviewing participants because a criminal investigation was ongoing, so they relied on interviews conducted by the CIA’s inspector general. The inspector issued a report in 2004 that criticized how some of the techniques were used, but also concluded the interrogation program as a whole produced useful intelligence.

By KEN DILANIAN

Find this story at 11 April 2014

Copyright © 2014, Los Angeles Times

Investigators mapped flight paths of private contractor planes that stopped in Djibouti, a suspected CIA ‘black site’

New evidence culled from a court case involving CIA contractors has revealed flight paths through Djibouti that appear to indicate the country’s role as a hub of the CIA’s rendition network in Africa, according to documents released by the U.K.-based human rights group Reprieve and New York University’s Global Justice Clinic.

The documents could support the case of Mohammad al-Asad, a former CIA detainee who is suing the government of Djibouti for its alleged role in hosting CIA “black sites” — specifically the one where he says he was detained and tortured for two weeks between December 2003 and January 2004. A Senate investigation into the agency’s “detention and interrogation program” had previously confirmed that several individuals had in fact been detained in Djibouti, according to two officials who read the still-classified report and spoke to Al Jazeera.

Investigators behind the document release combed through contracts, invoices and letters put into evidence for a court case — which involved CIA contractors and was separate from the Djibouti allegations — and pieced together a series of rendition circuits, or flight paths, between 2003 and 2004. They include legs through Djibouti — even though the Horn of Africa did not appear to be a convenient stopover between the United States and Afghanistan, the circuits’ endpoints.

“Djibouti was not on the way, it was a destination,” said Margaret Satterthwaite, al-Asad’s attorney and a professor at the Global Justice Clinic. “That’s kind of a telltale sign of a rendition circuit.”

The evidence also implicated private companies — including Computer Sciences Corp. (CSC), DynCorp Systems and Solutions (which was purchased by CSC in 2003 and later divested), Richmor Aviation and First Flight — in the Africa rendition program for the first time.

“These documents provide further evidence of how U.S. corporations played a crucial role in the CIA’s torture network, rendering people to torture around the world far from public scrutiny and even further from the rule of law,” said Kevin Lo, corporate social responsibility advocate at Reprieve.

A spokesman for Computer Sciences Corp. said his company did not comment on “speculation about its clients or their activities” but added in an email to Al Jazeera: “CSC has had the privilege for over fifty years of supporting governments and private sector organizations worldwide, and has done so within the law.”

Richmor Aviation and First Flight did not respond to Al Jazeera’s requests for comment in time for publication.

Al-Asad’s case is currently under consideration by the African Commission on Human and Peoples’ Rights. In an exclusive interview with Al Jazeera, al-Asad, who is now 54 years old, said he was taken from his home in Tanzania to Djibouti, where he was detained for two weeks. He was then rendered to Afghanistan, where he says he was tortured at various points over the course of more than a year at several CIA black site prisons.

Djibouti has vehemently denied “knowing” participation in any U.S. rendition or torture programs in the country. Its ambassador to the U.S., Roble Olhaye, called al-Asad a “liar.”

“Everything about his case relies on hearsay and conjecture. There were no flights that came to Djibouti on that day he said he was brought to my country from Tanzania,” Olhaye said. “That was checked by our lawyers.”

Human rights researchers say that after the 9/11 attacks, dozens of suspects captured by the U.S. were secretly detained, interrogated and tortured in Djibouti. Although President Barack Obama signed an executive order in 2009 banning the CIA’s use of black-site prisons, the order states that it does “not apply to facilities used only to hold people on a short-term, transitory basis.”

And while Djibouti says it is not aware the CIA had ever operated a black-site prison on its soil, Olhaye pointed out: “If something was done in the context of the American base there, how would we know?”

Camp Lemonier in Djibouti, which hosts the Combined Joint Task Force–Horn of Africa, is a known hub for U.S. drone operations against Al-Qaeda in Yemen and Al-Shabab in Somalia.

Satterthwaite said the choice of Djibouti for a black site is logical not only because the country has been a strategic partner in the U.S. “war on terror” for more than a decade, but also because the country has a long history of silencing human rights advocates and journalists. “It’s not hard to keep things secret there,” she said.

May 9, 2014 9:15AM ET
by Michael Pizzi @michaelwpizzi

Find this story at 9 May 2014

© 2014 Al Jazeera America, LLC.