Former U.S. President George W. Bush has cancelled a visit to Switzerland over fears he could have been arrested on torture charges.

Mr Bush was due to be the keynote speaker at a Jewish charity gala in Geneva on February 12.

But pressure has been building on the Swiss government to arrest him and open a criminal investigation if he enters the country.

Criminal complaints against Mr Bush alleging torture have been lodged in Geneva, court officials said.

Human rights groups said they had intended to submit a 2,500-page case against him in the Swiss city tomorrow for alleged mistreatment of suspected militants at Guantanamo Bay.

Left-wing groups have also called for a protest on the day of his visit, leading organisers at Keren Hayesod’s annual dinner to cancel Mr Bush’s participation on security grounds.

The New York-based Human Rights Watch and International Federation of Human Rights (FIDH) said the cancellation was linked to growing moves told him accountable for the use of torture, including waterboarding.

He had admitted in his memoirs and TV interviews to ordering the use of the interrogation technique which simulates drowning.

Reed Brody, a lawyer for Human Rights Watch, said: ‘He’s avoiding the handcuffs.’

The action in Switzerland showed Mr Bush had reason to fear legal complaints against him if he travelled to countries that have ratified an international treaty banning torture, he said.

Mr Brody is a U.S.-trained lawyer who specialises in pursuing war crimes, including Chile’s late dictator Augusto Pinochet and Chad’s ousted president Hissene Habre.

Habre has been charged by Belgium with crimes against humanity and torture and is currently exiled in Senegal.

He said: ‘President Bush has admitted ordering waterboarding which everyone considers to be a form of torture under international law.

‘Under the Convention on Torture, authorities would have been obliged to open an investigation and either prosecute or extradite George Bush.’

Swiss judicial officials have said that the former president would still enjoy a certain diplomatic immunity as a former head of state.

Dominique Baettig, a member of the Swiss parliament from the People’s Party, wrote to the Swiss federal government last week calling for his arrest if he came to the neutral country.

In his ‘Decision Points’ memoirs, Mr Bush strongly defended the use of waterboarding as key to preventing a repeat of the September 11 attacks on the U.S.

Most human rights experts consider the practice a form of torture, banned by the Convention on Torture.

Switzerland and the U.S. are among 147 countries that have ratified the 1987 treaty.

Source: Daily Mail

“Law must apply to everyone equally or it’s not law at all. Those who are pushing the other view have a misguided idea of what law is all about.” – Benjamin Ferencz

Physicians for Human Rights (PHR) released today the results of a landmark investigation that, according to the organization’s press release, “uncovered evidence that indicates the Bush administration apparently conducted illegal and unethical human experimentation and research on detainees in CIA custody.” PHR is asking President Obama to “order the attorney general to undertake an immediate criminal investigation of alleged illegal human experimentation and research on detainees conducted by the CIA and other government agencies following the attacks on Sept. 11, 2001.” They are also seeking other investigations by Congress, the Department of Health and Human Services, and the Department of Justice.

As PHR’s White Paper — “Experiments in Torture: Evidence of Human Subject Research and Experimentation in the ‘Enhanced’ Interrogation Program” (PDF) — makes clear, illegal experimentation upon human subjects was an integral part of the Bush/Cheney/CIA “enhanced interrogation” program (EIP) from the very beginning. Medical and psychologist monitors were used to collect and analyze data from the EIP interrogations in order “to derive generalizable inferences to be applied to subsequent interrogations.” The use of illegal experimentation both reveals the actual parameters of the torture program, and raises the stakes surrounding the need for accountability for these actions to a new level.

According to PHR’s White Paper:

Such acts may be seen as the conduct of research and experimentation by health professionals on prisoners, which could violate accepted standards of medical ethics, as well as domestic and international law. These practices could, in some cases, constitute war crimes and crimes against humanity.

The charges are expected to resonate throughout the legal, human rights and religious communities. The executive director of the National Religious Campaign Against Torture (NRCAT), Rev Richard Killmer, commenting in a press release on PHR’s report, said he deplored the “deeply disturbing evidence that our government committed, in our names, forced human experimentation that recalls some of humanity’s darkest days — charges from which no person of faith can afford to turn away.” (NRCAT has also released a new video today, “Accounting for Torture.”)

Research Violated U.S. and International Law

PHR’s CEO Frank Donaghue states, “The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation.”

PHR examined three instances of the CIA’s illegal medical research, although it should be understood this most likely does not constitute the full extent of the torture research program. Some of the experiments concerned the elaboration of more extensive forms of waterboarding, testing the use of large-volumes of water, the use of saline solution as a substitute for plain water, as well as the use of ancillary equipment, such as a gurney that could swing the prisoner into different angles, and use of a blood oximeter to measure subject vital signs and calibrate them with experimental techniques. The CIA also experimented on different levels of sleep deprivation in order to assess effects and coordinate practice with legal definitions constructed by the Office of Legal Counsel (OLC).

In one gruesome set of experiments, at least 25 detainees were submitted to both individual and combined use of the different “enhanced interrogation” techniques developed by the CIA through reverse-engineering of the military’s Survival, Evasion, Resistance, Escape (SERE) program, techniques which were originally developed to inoculate U.S. military personnel against torture. The purpose of this experiment, monitored by doctors, was to ascertain the effects of the different combinations of techniques as they pertained to “susceptibility to severe pain,” attempting thereby to calibrate levels of pain in order to keep the interrogations within the dubious frontiers of legality proposed by John Yoo and Jay Bybee in their infamous torture memos.

The purpose of this experimental program was apparently to help provide legal cover for the torture program, as well as both examine the effects of torture upon live subjects, and further the design of the torture program itself. No existing research protocol has come to light, and the evidence has been organized via the use of open source documents and FOIA releases. From these sources, one can see that the use of medical monitors and experimental medical data was used as supposed “good faith” evidence against possible prosecution for torture.

A Legal Limbo

The actions of the Bush Administration to legally justify their torture program via the use of executive orders and OLC rulings has been well-documented. Only last February, the Department of Justice’s Office of Professional Conduct released their finding that the actions of Yoo and Bybee in constructing the 2002 memos that authorized torture did not amount to unprofessional or unethical conduct, but simply constituted “bad judgment.” Whatever the judgment upon the OLC memos, it is apparent the use of torture pre-dated the OLC approval of the EIP.

While there is some evidence that the Bush administration was concerned with loosening the legal parameters surrounding research using human subjects (story to come), there is no evidence, as PHR’s White Paper points out, that OLC ever considered the legality of the medical monitoring of prisoners as part of the CIA torture program. According to Director of PHR’s Campaign Against Torture and lead report author, Nathaniel A. Raymond, “Justice Department lawyers appear to have never assessed the lawfulness of the alleged research on detainees in CIA custody, despite how essential it appears to have been to their legal cover for torture.” But, after a number of Supreme Court decisions, culminating in the Hamdan v Rumsfeld ruling in June 2006, the government apparently had second thoughts about its legal liabilities.

One of the most original pieces of research in the PHR report concerns the rewriting of the War Crimes Act (WCA) as part of the 2006 Military Commissions Act (MCA). Concerned, it would seem, over their vulnerability to criminal prosecution for illegal and unethical research conducted upon detainees, including, as I’ve pointed out before, Abu Zubaydah, the Bush administration amended the WCA language in the MCA to weaken the protections against the strict prohibitions against scientific experiments on prisoners found in the Geneva Conventions. These changes were then made retroactive to 1997, which suggests the U.S. government was shielding interrogators and other officials for illegal acts going back four years prior to 9/11. And to their shame, Congress passed this legislation, and the language on the WCA was then retained by the Democratic Party-controlled Congress when the MCA was amended in 2009.

One of PHR’s recommendations in their report is that Congress undertake a revision of the War Crimes Act “to eliminate changes made to the Act in 2006 which weaken the prohibition on biological experimentation on detainees, and ensure that the War Crimes Act definition of the grave breach of biological experimentation is consistent with the definition of that crime under the Geneva Conventions.”

Outstanding Issues To Be Resolved

It has been some years since the experimental aspects of the torture program were first recognized. The breach of medical ethics by doctors was first discussed by M. Gregg Bloche and Jonathan H. Marks in the New England Journal of Medicine in January 2005. In July 2005, a New Yorker article by Jane Mayer, “The Experiment,” looked at the “reverse-engineering” of the SERE techniques, and noted both the prohibition on scientific experiments of prisoners in Geneva, and the “[n]umerous experiments aimed at documenting trainees’ stress levels… conducted by sere-affiliated scientists.”

One of the authors of the PHR report, Stephen Soldz, wrote about the experimental aspects of “behavioral science-based torture techniques” in use at Guantanamo in a August 2006 article. In 2007, physician Steven Miles noted the experimental aspects of the Al Qahtani interrogation at Guantanamo in late 2002 – early 2003. The experimental aspect of the interrogation of Abu Zubaydah was broached by FBI agent Ali Soufan in testimony before the Senate Judiciary Committee in May 2009. Soufan’s presence at the Zubaydah interrogation in April-May 2002 led him to characterize a CIA contractor’s treatment of Zubaydah as an experiment (“Once again the contractor insisted on stepping up the notches of his experiment…”). The contractor is believed to have been former SERE psychologist, James Mitchell.

The PHR report should not be seen as a full history of the torture-experimentation program, but is a blueprint offering the outlines of what that program consisted of and how it progressed. For instance, except for Khalid Sheik Mohammed, none of the CIA prisoners are named in the report, although it is noted that “the authorized policy of using multiple ["enhanced interrogation" techniques] simultaneously was officially based on medical observations of 25 detainees.”

A full understanding of all that happened awaits future investigations. A more comprehensive understanding of the issues raised, e.g., the development of the waterboarding and sleep deprivation techniques, has been investigated by Marcy Wheeler at Emptywheel/Firedoglake, while the torture of Abu Zubaydah has been intensively covered by Jason Leopold at Truthout. Leopold noted the “extensive back-and-forth between CIA field operatives and agency officials” on matters such as “medical updates” and “behavioral comments.”

In an article last April, I noted that “psychologist’s notes” had been cataloged as a part of Abu Zubaydah’s interrogation materials. Such notes would indicate just what variables of interest were being recorded by the psychological experimenter, especially given recent revelations in a story by Jason Leopold that a second taping system was used in the interrogation of Zubaydah, with “torture sessions that were stored on computers and separate hard drives.”

Variables of interest to CIA psychologists might include head movements and hand movements, facial expressions or microexpressions, used in detecting deception or behavioral manifestations of stress. These types of observation are synonymous with computer analysis and argue for the use of a digital video system or the transfer of analog video into data stored on magnetic or optical media. The same release of documents… also described CIA officials asking for “instructions” regarding the “disposition of hard drives and magnetic media” associated with the torture of Zubaydah.

Among the various threads left dangling from the PHR investigation, none concerns me more than the links between the SERE research undertaken by investigators led by Dr. Charles A. Morgan and the CIA experimental torture program, as reported in an appendix to PHR’s report. In an appendix to their report, PHR describes the SERE research undertaken during the years prior to the issuance of the OLC memos, and explains that the results of that research demonstrated how the risk of harm was inherent in the SERE techniques. In addition, they note, “the experimental framework of these studies intentionally or unintentionally laid the groundwork for unethical and illegal human experimentation that would follow.”

The full details of my own investigation into those links were published back in September 2009.

What is indisputable is that by virtue of his position, Dr. Morgan had access to CIA officials just at the time that another department of the CIA, one to which he is affiliated, was, according to the CIA’s own Office of Inspector General Report (large PDF) involved in vetting the SERE techniques for use in interrogations….

… it looks like the CIA used DOD/JPRA as a cover for the safety of techniques that it knew were in fact harmful from their own analysis of the “data.” [JRPA, or Joint Recovery Personnel Agency is, among other things, the "Executive Agency" for the SERE training schools.]

One especially lingering thread concerns the assertion in the PHR report that all of Dr. Morgan’s SERE research had been properly vetted by Institutional Research Boards. While this is true for his published research, a report for which Dr. Morgan is listed as second author, The War Fighter’s Stress Response: Telemetric and Noninvasive Assessment, conducted on behalf of the U.S. Army Medical Research and Materiel Command at Ft. Detrick, beginning approximately in November 2001, states — even by its final addendum in October 2003 — that “due to Institutional Review Board delays no human subjects data are available.”

The exact interactions between CIA and DoD/JPRA, between the White House and both DoD and CIA, the role of other actors, such as the Defense Intelligence Agency and Joint Special Operations Command, not to mention the actual origins of the torture research program, remain unclear. It is a vital necessity that that investigations take place, and hopefully PHR’s report will provide the added impetus to push this issue to the forefront of a tired, confused, and frightened country, a country misled in so many ways over the past decade, and now forced to confront the full panoply of evil that has resulted from having a portion of the government held apart from public scrutiny. That must end now.

Source: FireDogLake

George W. Bush’s casual acknowledgment Wednesday that he had Khalid Sheikh Mohammed waterboarded — and would do it again — has horrified some former military and intelligence officials who argue that the former president doesn’t seem to understand the gravity of what he is admitting.

Waterboarding, a form of controlled drowning, is “unequivocably torture”, said retired Brigadier General David R. Irvine, a former strategic intelligence officer who taught prisoner of war interrogation and military law for 18 years.

“As a nation, we have historically prosecuted it as such, going back to the time of the Spanish-American War,” Irvine said. “Moreover, it cannot be demonstrated that any use of waterboarding by U.S. personnel in recent years has saved a single American life.”

Irvine told the Huffington Post that Bush doesn’t appreciate how much harm his countenancing of torture has done to his country.

“Yeah, we waterboarded Khalid Sheikh Mohammed,” Bush told a Grand Rapids audience Wednesday, of the self-professed 9/11 mastermind. “I’d do it again to save lives.”

But, Irvine said: “When he decided to do it the first time, he launched the nation down a disastrous road, and we will continue to pay dearly for the damage his decision has caused.

“We are seen by the rest of the world as having abandoned our commitment to international law. We have forfeited enormous amounts of moral leadership as the world’s sole remaining superpower. And it puts American troops in greater danger — and unnecessary danger.”

James P. Cullen, a retired brigadier general in the United States Army Reserve Judge Advocate General’s Corps, told HuffPost that the net effect of Bush’s remarks — and former Vice President Cheney’s before him — is “to establish a precedent where it will be permissible to our enemies to use waterboarding on our servicemen in future wars.

Cheney famously once agreed with an interviewer that “a dunk in the water” was “no-brainer” if it saves lives.

“This is not the last war we’re going to fight,” Cullen said. “Americans not yet born are going to be prisoners of war in those conflicts. And our enemies are going to be able to point back to President Bush and Vice President Cheney saying that waterboarding is OK.

“It’s just shocking to me how he can be so flip about something that is so serious,” Cullen said.

Matthew Alexander, the pseudonymous former Air Force interrogator and author of “How To Break A Terrorist” e-mailed HuffPost that Bush’s statement “is de facto approval of the deaths of hundreds, if not thousands, of American soldiers in Iraq who were killed by foreign fighters that Al Qaida recruited based on the President’s policy of torture and abuse of detainees.

“At least now we know where the blame for those soldiers’ deaths squarely belongs. President Bush’s decision broke with a military tradition dating back to General George Washington during the Revolutionary War and the consequences are clear: Al Qaida is stronger and our country is less safe.”

Cullen and Irvine are among 15 former military and intelligence officials currently working with Human Rights First in Pennsylvania, meeting with congressional candidates from both parties to help inform them about issues of prisoner treatment and interrogation.

Source: Huffington Post

George W. Bush, Dick Cheney and Donald Rumsfeld covered up that hundreds of innocent men were sent to the Guantánamo Bay prison camp because they feared that releasing them would harm the push for war in Iraq and the broader War on Terror, according to a new document obtained by The Times.

The accusations were made by Lawrence Wilkerson, a top aide to Colin Powell, the former Republican Secretary of State, in a signed declaration to support a lawsuit filed by a Guantánamo detainee. It is the first time that such allegations have been made by a senior member of the Bush Administration.

Colonel Wilkerson, who was General Powell’s chief of staff when he ran the State Department, was most critical of Mr Cheney and Mr Rumsfeld. He claimed that the former Vice-President and Defence Secretary knew that the majority of the initial 742 detainees sent to Guantánamo in 2002 were innocent but believed that it was “politically impossible to release them”.

General Powell, who left the Bush Administration in 2005, angry about the misinformation that he unwittingly gave the world when he made the case for the invasion of Iraq at the UN, is understood to have backed Colonel Wilkerson’s declaration.

Colonel Wilkerson, a long-time critic of the Bush Administration’s approach to counter-terrorism and the war in Iraq, claimed that the majority of detainees — children as young as 12 and men as old as 93, he said — never saw a US soldier when they were captured. He said that many were turned over by Afghans and Pakistanis for up to $5,000. Little or no evidence was produced as to why they had been taken.

He also claimed that one reason Mr Cheney and Mr Rumsfeld did not want the innocent detainees released was because “the detention efforts would be revealed as the incredibly confused operation that they were”. This was “not acceptable to the Administration and would have been severely detrimental to the leadership at DoD [Mr Rumsfeld at the Defence Department]”.

Referring to Mr Cheney, Colonel Wilkerson, who served 31 years in the US Army, asserted: “He had absolutely no concern that the vast majority of Guantánamo detainees were innocent … If hundreds of innocent individuals had to suffer in order to detain a handful of hardcore terrorists, so be it.”

He alleged that for Mr Cheney and Mr Rumsfeld “innocent people languishing in Guantánamo for years was justified by the broader War on Terror and the small number of terrorists who were responsible for the September 11 attacks”.

He added: “I discussed the issue of the Guantánamo detainees with Secretary Powell. I learnt that it was his view that it was not just Vice-President Cheney and Secretary Rumsfeld, but also President Bush who was involved in all of the Guantánamo decision making.”

Mr Cheney and Mr Rumsfeld, Colonel Wilkerson said, deemed the incarceration of innocent men acceptable if some genuine militants were captured, leading to a better intelligence picture of Iraq at a time when the Bush Administration was desperate to find a link between Saddam Hussein and 9/11, “thus justifying the Administration’s plans for war with that country”.

He signed the declaration in support of Adel Hassan Hamad, a Sudanese man who was held at Guantánamo Bay from March 2003 until December 2007. Mr Hamad claims that he was tortured by US agents while in custody and yesterday filed a damages action against a list of American officials.

Defenders of Guantánamo said that detainees began to be released as early as September 2002, nine months after the first prisoners were sent to the jail at the US naval base in Cuba. By the time Mr Bush left office more than 530 detainees had been freed.

A spokesman for Mr Bush said of Colonel Wilkerson’s allegations: “We are not going to have any comment on that.” A former associate to Mr Rumsfeld said that Mr Wilkerson’s assertions were completely untrue.

The associate said the former Defence Secretary had worked harder than anyone to get detainees released and worked assiduously to keep the prison population as small as possible. Mr Cheney’s office did not respond.

There are currently about 180 detainees left in the facility.

Source: Times UK

Ex-Prime Minister Blair has insisted, throughout the Iraq Inquiry, that there were no covert agreements made regarding the invasion of Iraq.

Memo ‘shows Blair Iraq war deal with Bush’ (BBC)