Extraordinary Rendition and the Black Sites

DiscussionHistory

Overview

This entry belongs to a small category: theories that were dismissed as paranoid, then documented in detail by the government accused of them.

From roughly 2002, reports circulated that the United States was seizing terrorism suspects abroad and moving them by private jet to prisons in third countries — beyond American courts, beyond the Red Cross, beyond any register. Journalists tracked tail numbers of Gulfstreams landing at odd hours in eastern Europe. Human rights groups collected accounts from released prisoners describing hoods, diapers, shackles and flights of unknown duration. Governments denied it, in some cases for years after the denials had stopped being tenable.

What the Committee Found

The Senate Select Committee on Intelligence spent more than five years and roughly forty million dollars reviewing about 6.3 million pages of CIA material. The declassified summary, released on 9 December 2014, runs to 525 pages and condenses a classified study of some 6,700.

It establishes the architecture plainly. A network of overseas detention facilities, referred to internally by colour codenames rather than locations, held 119 detainees. Interrogation methods went well past what had been publicly described, and the study documents that the Agency's representations to Congress, the Justice Department and the White House about the programme's conduct and effectiveness were in significant respects inaccurate.

The committee's chair, Dianne Feinstein, released it over objections from the Agency and from members of her own body. The CIA disputed portions of the findings, particularly the conclusion that the programme produced no unique intelligence that could not have been obtained otherwise. What neither side disputed afterwards was the existence of the sites.

The European Rulings

The programme could not have operated without host countries, and it is in Europe that the legal record is sharpest.

In 2012 the European Court of Human Rights ruled against North Macedonia in the case of Khalid el-Masri, a German car salesman seized at a border crossing at the end of 2003 because his name resembled that of a suspect. He was held, handed to a CIA team, flown to Afghanistan, beaten and interrogated for months, and then released on a road in Albania when the mistake became undeniable. The Court found that what was done to him amounted to torture — the first time it had characterised the programme in those terms.

Rulings against Poland followed in 2014, and against Romania and Lithuania in 2018, in the cases of Abd al-Rahim al-Nashiri and Abu Zubaydah. Each found that the government concerned had allowed a secret prison on its territory and had enabled the transfer of prisoners into conditions it knew or should have known involved ill-treatment.

The Shape of the Denial

What makes the episode instructive is less the programme than the pattern of its concealment, which followed a form that recurs across this subject.

The first stage was flat denial: no such flights, no such prisons. The second was semantic — rendition was a lawful transfer, the techniques were not torture, the legal opinions supported it. The third, after documentation became overwhelming, was the argument that whatever had happened was necessary, effective, and now discontinued. Each stage was defensible at the time it was made and untenable in retrospect, and each bought several years.

The host governments followed a similar sequence. Poland's officials denied the Szymany site for the better part of a decade before the Court found otherwise.

What Remains Unresolved

The full 6,700-page study has never been released. Copies distributed to executive agencies were, in some cases, returned unread or sequestered, and litigation over its status continued for years. The summary that exists in public is heavily redacted, and independent researchers have since reconstructed portions of what was removed, including the identities of officers and the locations behind the colour codes.

No American official has been prosecuted for the programme. The single criminal case arising from the period was brought against a former officer who disclosed information about it to a journalist.

The detainees held at the sites who were later moved to Guantanamo remain, in several cases, in proceedings that have not concluded more than two decades on — in part because evidence obtained during the period is contested, which is the practical legacy of the programme within the legal system that inherited it.

Why It Belongs Here

A documented programme is not a conspiracy theory, and it would be easy to argue this entry does not belong in an archive of them. It belongs because of what it did to the category.

Before 2005 the claim had every marker of the genre: unnamed prisons, private aircraft, victims whose accounts could not be corroborated, official denials at the highest level, and a supporting cast of activists and reporters who were told they were credulous. After 2014 it had a Senate report number. The distance between those two states is the reason the file is useful — not as proof that similar claims are true, but as a documented case of what it looks like while it is still being denied.

Timeline of Events

  1. 2002-01-01
    The programme begins

    The CIA starts holding detainees at overseas facilities outside the reach of American courts, referred to internally by colour codenames.

  2. 2003-12-31
    El-Masri is seized

    Khalid el-Masri is detained at a Macedonian border crossing over a name resemblance, handed to a CIA team and flown to Afghanistan.

  3. 2005-11-02
    The sites are reported

    Press reporting on secret prisons in eastern Europe brings the programme into mainstream view, and is met with official denial.

  4. 2012-12-13
    The first ECHR ruling

    The European Court of Human Rights rules against North Macedonia in el-Masri's case, characterising his treatment as torture.

  5. 2014-07-24
    Poland is found responsible

    The Court rules that Poland hosted a secret site and enabled transfers, after years of official denial.

  6. 2014-12-09
    The Senate summary is released

    The Committee Study's 525-page declassified summary is published, documenting 119 detainees and finding the Agency's accounts to oversight bodies inaccurate in significant respects.

  7. 2018-05-31
    Romania and Lithuania are found responsible

    Further rulings establish that both states hosted sites and enabled transfers into conditions involving ill-treatment.

Categories

Sources & References

  1. U.S. Senate Select Committee on Intelligence(2014)Internet Archive
  2. European Court of Human Rights(2018)HUDOC, Council of Europe
  3. Open Society Justice Initiative
  4. (2014)U.S. Government Publishing Office
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