Stephen Grey of the London Sunday Times has written extensively on the CIA's program of extraordinary rendition (where the CIA takes detainees to secret prisons in other countries so the detainees can be tortured).
Mr. Grey was interviewed by Teri Gross on NPR's Fresh Air today and it was very interesting.
Mr. Grey mentioned that there are "prosecutions planned" which I took to mean that there are magistrates in the EU who are going to be filing charges against the US Agents involved in this program.
Extraordinary rendition is unlawful in the UK and Germany -- and the CIA landed planes there. The UK and Germany consider this to be kidnapping.
Mr. Grey referenced a
report to the Council of Europe and I looked it up. It describes the CIA's program and their concerns with it.
Report to the Council of Europe's Parlimentary Assembly
June 7, 2006
While the states of the Old World have dealt with these threats primarily by means of existing institutions and legal systems [fn2], the United States appears to have made a fundamentally different choice: considering that neither conventional judicial instruments nor those established under the framework of the laws of war could effectively counter the new forms of international terrorism, it decided to develop new legal concepts.
The latter are based primarily on the Military Order on the Detention, Treatment, and Trial of Certain Non-Citizens in the War against terrorism signed by President Bush on 13 November 2001 [fn3].
It is significant that, to date, only one person has been summoned before the courts to answer for the 11 September attacks: a person, moreover, who was already in prison on that day, and had been in the hands of the justice system for several months [fn4].
By contrast, hundreds of other people are still deprived of their liberty, under American authority but outside the national territory, within an unclear normative framework. Their detention is, in any event, altogether contrary to the principles enshrined in all the international legal instruments dealing with respect for fundamental rights, including the domestic law of the United States (which explains the existence of such detention centres outside the country). The following headline appears to be an accurate summary of the current administration's approach: No Trials for Key Players: Government prefers to interrogate bigger fish in terrorism cases rather than charge them [fn5].
This report has more information on the CIA's extraordinary rendition program than anything I have seen written up in the U.S.
I'm trying to find more information regarding the "pending" prosecutions Mr. Grey referenced.
[UPDATE:] I found some additional information regarding Europe's ongoing investigations into the CIA rendition program. I found a Document from the Committee on Legal Affairs and Human Rights regarding "Alleged secret detentions in Council of Europe member states", dated January 22, 2006, which states, in part,
C. Criminal investigations and other reactions
a. Council of Europe member countries
i. Overview
25. In two countries (Italy and Germany) judicial investigations have begun into "abduction" of persons subsequently transported to Guantànamo, Afghanistan and other detention centres by means of aircraft belonging to entities with hidden direct or indirect links to the CIA.
The Italian prosecution service has even issued arrest warrants against CIA agents after the violent abduction of a Muslim, Abu Omar, in a Milan street in February 2003.
The German judicial authorities are taking part in the investigation and have themselves begun investigating the case of a German citizen of Lebanese origin, Khaled al Masri. After being arrested by mistake in Macedonia he was reportedly taken to Kabul for interrogation5.
Lastly, a Spanish judge is enquiring into whether the CIA used Son Sant Joan airport in Majorca as a base for transport of Muslim suspects, as announced by the Spanish minister of internal affairs, José Antonio Alonso, on 15 November 2005. The same aircraft as transported Abu Omar landed at least three times in Spain (and in other European countries).
Mr. Grey has written a book on the topic entitled "Ghost Plane: The True Story of the CIA Torture Program (St. Martin's Press)."
In lieu of reading his book, below are some key links to Mr. Grey's articles on the CIA secret prisons and torture program:
* US Accused of Torture Flights, London Times Online, November 14, 2004
* London Suspect in CIA Torture Claim, London Times Online, December 11, 2005
* United States: Trade in Torture, Le Monde diplomatique (english edition) April 2005
* Inside the CIA's Secret Prisons Program, Time Magazine, October 13, 2006
* From logistics to turning a blind eye: Europe's role in terror abduction, The Guardian, June 7, 2006