CIA paid Poland to ease qualms over secret prison: Senate report

(Reuters) – Poland threatened to halt the transfer of al Qaeda suspects to a secret CIA jail on its soil 11 years ago, but became more “flexible” after the Central Intelligence Agency gave it a large sum of money, according to a U.S. Senate report.

U.S. President Barack Obama discussed the report’s forthcoming publication during a telephone call on Monday with Polish Prime Minister Ewa Kopacz, administration officials and the Polish government said.

The heavily redacted report does not mention Poland. But it is clear it refers to the country because details such as the names of three detainees and the dates they were transferred match other documents, including a European Court of Human Rights ruling relating to a CIA-run “black site” in Poland.

The details also match interviews with people with knowledge of a Polish investigation into the alleged facility.

The CIA declined to comment on the Senate report, and Polish officials have always denied the CIA ran a jail in Poland.

A Polish government spokeswoman did not answer calls to her mobile phone seeking comment on the Senate report, or reply to emailed questions. A foreign ministry spokesman asked for questions in writing, but did not immediately respond when they were sent. A spokesman for Leszek Miller, who was Polish Prime Minister at the time the alleged CIA jail was running, declined to comment.

According to a ruling by the Strasbourg-based European Court, between 2002 and 2003 the CIA operated a facility near the northeast Polish village of Stare Kiejkuty, one of a network of sites around the world where al Qaeda suspects were held and subjected to interrogation techniques human rights groups say amounted to torture.

The report published on Tuesday by the Senate Select Committee on Intelligence described how seriously the CIA’s rendition program strained relations with Poland, a North Atlantic Treaty Organization member and one of Washington’s staunchest European allies.

People close to the Polish authorities at the time say Poland felt an obligation to protect its relationship with Washington, even as it knew hosting the facility was open to legal challenge.

“The agreement to host a CIA detention facility in Country [] created multiple, ongoing difficulties between Country [] and the CIA,” the report said. All mentions of the name of the country were blacked out.

It said the country proposed drawing up a written memorandum of understanding defining the CIA’s roles and responsibilities at the facility, but the agency refused.

The host country’s government then refused to accept the planned transfer of new detainees, who the report said included Khalid Sheikh Mohammed, the alleged mastermind of the Sept. 11, 2001 attacks on U.S. cities.

“The decision was reversed only after the U.S. ambassador intervened with the political leadership of Country [] on the CIA’s behalf. The following month, the CIA provided $[] million” to the country, the report said, blacking out the amount of money handed over.

The report did not name the ambassador. The U.S. ambassador to Poland at the time was Christopher Hill. A woman who answered the telephone in his office at the University of Denver, where he now works, said he was not reachable until Wednesday afternoon.

After the money changed hands, officials speaking for the country’s political leadership indicated the country “was now flexible with regard to the number of CIA detainees at the facility and when the facility would eventually be closed,” according to the report.

Years later, officials in the country were “extremely upset” when details of the detention program began to emerge from U.S. government sources, and were disappointed not to have had more warning before President George W. Bush publicly acknowledged the program existed in 2006, it said.

Adam Bodnar, vice-president of the Warsaw-based Helsinki Foundation for Human Rights, said of the Polish authorities at the time: “They betrayed the Polish constitution for money, to a great extent, and all the values that are associated with the Polish constitution.”

The Polish constitution states that no one can be subjected to torture, or cruel, inhumane or degrading treatment.

Bodnar said the diplomatic tensions outlined in the report explain why Obama telephoned the Polish Prime Minister on the eve of the report’s publication.

The two leaders “expressed hope that the publication of this report will not have a negative effect on Polish-U.S. relations,” according to a statement from the Polish prime minister’s office.

Senior U.S. administration officials confirmed the subject of the Senate report came up during Obama’s call with Kopacz.

A Polish foreign ministry spokesman, Marcin Wojciechowski, said on Tuesday he hoped the Senate report would shed new light on allegations there was a CIA jail in Poland, and that it would give new impetus to an investigation into the allegations by Polish prosecutors that has been running since 2008.

“The Polish state’s intention is to investigate and establish the truth in this case.” he said.

The Washington Post newspaper reported in January this year, citing unnamed former CIA officials, that the agency paid $15 million to Poland for use of the facility, handing over the cash in two cardboard boxes.

At the time of the newspaper’s report, Polish officials did not respond directly to questions about whether they had received the cash. The United States has never disclosed which countries hosted the CIA detention centers overseas.

Representatives of the European Court of Human Right did not respond to calls on Tuesday evening seeking comment about the Senate report.

(Additional reporting by Mark Hosenball and Julia Edwards in Washington and Marcin Goettig in Warsaw. Editing by Andre Grenon)

BY CHRISTIAN LOWE AND WIKTOR SZARY
WARSAW Tue Dec 9, 2014 8:09pm EST

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‘CIA paid me to use airstrip as rendition zone… and to look the other way’: Former airport director reveals secret Polish staging post for U.S. torture programme

Detailed picture of how CIA flew terror suspects to Szymany has emerged
Officials later flew them to a nearby ‘dark site’ for brutal interrogations
Mariola Przewlocka says anonymous officials paid six times the landing fee
Believes she witnessed arrival of 9/11 ‘mastermind’ on CIA Gulfstream jet
Cars with darkened windows secretly took travellers to Polish military base
Airport staff were banned from approaching aircraft and basic safety rules were sometimes flouted, she says

Deep in north-eastern Poland, a neglected airstrip has been identified as a key staging post in the CIA’s clandestine torture programme.
For the first time, a detailed picture of how the CIA flew terror suspects into Szymany and on to a nearby ‘dark site’ for brutal interrogations has emerged.
In an exclusive interview with The Mail on Sunday, the airport’s former managing director Mariola Przewlocka reveals:

Mysterious flights arrived with little notice – and up to six times the landing fees were paid by anonymous officials
Military cars with darkened windows took passengers from the plane in secret and off to a Polish military intelligence base
She believes she witnessed the arrival of September 11 ‘mastermind’ Khalid Sheikh Mohammed on a CIA Gulfstream jet – which later landed in Glasgow
Airport staff were forbidden to approach the aircraft
A quiet American woman, said to be ‘from the embassy’, once watched as a transfer took place
Basic safety rules were sometimes flouted.

Known by its codename ‘Detention Site Blue’, Szymany airport – which is 100 miles from Warsaw – was the destination for several terror suspects on unmarked civilian planes. They were hooded, handcuffed and shackled for ‘enhanced interrogation’ at nearby Stare Kiejkuty base.
The detainees would arrive, sometimes in the dead of night, in aircraft owned by CIA ‘shell companies’.
Some of the most brutal torture sessions in the CIA’s murky war against terror took place near this forbidding spot.
Mrs Przewlocka, who ran Szymany airport at the time, told of her shock at discovering she may have seen the arrival of the CIA’s most high-value prisoner, Khalid Sheikh Mohammed. Known as KSM to the CIA, he was waterboarded no fewer than 183 times by his captors, both during his six months in Poland and at other CIA facilities.

The Mail on Sunday has learned that the Gulfstream executive jet which ‘dropped off’ KSM in Poland then went on to stay overnight at Glasgow airport, where it stopped for 24 hours, presumably to allow the flight crew to rest.
The role of Szymany airport was highlighted in last week’s US Senate Intelligence Committee on CIA renditions. After being flown here, prisoners were transferred 13 miles on near-deserted roads to Stare Kiejkuty, where they were tortured.
Mrs Przewlocka realised the clandestine activity signified some kind of undercover operations being conducted but had no idea the facility was being used for ‘extraordinary rendition’.
The 57-year-old grandmother became suspicious after traffic to the airport suddenly picked up in late 2002. ‘The airport wasn’t doing well economically, operations were being run down,’ she recalled.
From December 2002, however, as President George W. Bush’s ‘war on terror’ escalated, the small planes she was used to seeing gave way to much bigger jets which thundered dangerously down the runway.

‘On one occasion the airport director told me a “special” flight was due to arrive the next day and it had to be given landing permission at any cost. I told him that wouldn’t be possible as there had been a lot of snow.
‘He said something like, “Don’t worry about that, bring in an outside contractor. However much it costs, we will pay”. When the plane touched down, it turned out to be an American-owned Gulfstream jet, which we’d never seen before at the airport. The customs staff were told to go home and a border police unit was brought in for the day, which was extremely unusual.
‘Two military cars from the intelligence base at Stare Kiejkuty drove up to the aircraft and after a few minutes returned to the airport building and then went out through the main gate. We couldn’t see what was going on because the cars had darkened windows. I assumed the flight was bringing in secret agents.’

KSM told a US military tribunal he saw snow when the plane bringing him from Afghanistan stopped over in Europe. Mrs Przewlocka now believes she may have been at Szymany when the Al Qaeda terrorist’s plane touched down. She is unsure of the date, but independent records show his flight almost certainly arrived at Szymany on March 7, 2003. ‘I have my suspicions that this was the flight which we were under orders to accept at any cost,’ she said. ‘Everything was hidden from us.’
Mrs Przewlocka recalled a Polish civilian official who would always take care of landing fees in cash. ‘They would pay up to six times the normal charge for a civilian aircraft and we were instructed to keep away and ask no questions.’
The normal landing fee of around £380 could soar up to £2,300 for the flights, she said. On one occasion, Mrs Pzewlocka noticed a quiet American woman in the background when a flight came in. She recalled: ‘She was smartly dressed and didn’t speak to us but we were told she was from the American embassy. She waited near the office in the airport building and didn’t go near the planes. It was as if she didn’t want to know too much about what was going on.’
On September 22, 2003, a Boeing 737 was given permission to land at Szymany, although the runway was unsuitable for an aircraft of this size. Mrs Przewlocka said the flight plan indicated it had come from Kabul and was scheduled to refuel at Warsaw’s main civilian airport before going on to Guantanamo Bay. ‘This was inexplicable because if it could get to Szymany why couldn’t it fly directly to Warsaw which is only 100 miles or so away?
‘We should not have accepted the flight – there weren’t even any firefighters on duty, which is illegal – but we were given no choice. Once again, two military vehicles went out to meet it, waited for a few moments at the aircraft steps and then headed in the direction of Stare Kiejkuty. I saw several more 737s after that.’ The Senate report reveals the Polish authorities initially refused to allow KSM into the country, claiming they had accepted enough prisoners on behalf of the Americans already.

But their stance crumbled when the US ambassador personally intervened with the government in Warsaw, followed by a CIA delivery of $15 million in cash, after which Polish officials assured the Americans they would be more flexible.
Research by the Rendition Project, a collaboration between academics at Kent and Kingston universities, has pieced together the journey followed by the plane almost certainly carrying KSM – a Gulfstream V jet, code-number N379P and owned by a CIA company.
Records show that on March 7, the plane arrived at Szymany with two passengers and two crew. It stayed on the ground for two and a half hours, then flew to Prague, stopping for an hour, before flying to Glasgow where it stopped for over 24 hours. On the morning of March 9, the aircraft left for Washington. Mrs Przewlocka said: ‘I feel a deep sense of shame that politicians let this to happen. This has left a terrible stain on my country.’

By MARTIN DELGADO IN SZCZYTNO, POLAND FOR THE MAIL ON SUNDAY
PUBLISHED: 22:47 GMT, 13 December 2014 | UPDATED: 12:29 GMT, 14 December 2014

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© Associated Newspapers Ltd

Europe rights court hears of CIA prisons

Lawyers say a Saudi national and a Palestinian were tortured in a secret US facility in a remote part of Poland.

Human rights groups believe about eight ’terror’ suspects were held in Poland [AP]

The secret network of black site prisons across Europe that the CIA used to interrogate “terror” suspects has had a rare public hearing at Europe’s human rights court.

Lawyers for two suspects, currently held by the US in Guantanamo Bay, Cuba, accuse Poland of human rights abuses.

They told the European Court of Human Rights on Tuesday that the two fell victim to the CIA’s programme to kidnap suspects and transfer them to third countries.

They also allege they were tortured in a remote Polish prison.

One of the cases concerns 48-year-old Saudi national, Abd al-Rahim al-Nashiri, who faces “terror” charges in the US for allegedly orchestrating the al-Qaeda attack on the USS Cole in 2000.

The second case involves 42-year-old Abu Zubaydah, a Palestinian.

Both men say they were brought to Poland in December 2002, where they were detained and subjected to harsh questioning in a Polish military installation in Stare Kiejkuty, a village in the country’s remote northeast.

They are asking the court to condemn Poland for various abuses of rights guaranteed by Europe’s Convention on Human Rights.

Former CIA officials have told the Associated Press news agency that a prison in Poland operated from December 2002 until the fall of 2003.

Human rights groups believe about eight suspects were held in Poland, including Khalid Sheikh Mohammed, the self-proclaimed mastermind of the September 11, 2001, attacks.

Polish leaders in office at the time, former President Aleksander Kwasniewski and former Prime Minister Leszek Miller denied the prison’s existence.

Last updated: 03 Dec 2013 16:23

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Two terror suspects sue Poland over ‘CIA torture’

The European Court of Human Rights is hearing a case brought by two terror suspects who accuse Poland of conniving in US human rights abuses.

The two men are currently held at the US Guantanamo Bay prison in Cuba.

It is the first time that allegations about a CIA “black site” prison in a European country have been heard in an open court.

Abu Zubaydah and another al-Qaeda suspect say they were tortured at a secret prison in Poland in 2002-2003.

Nearly a year ago the court ruled against Macedonia for abuses suffered by Khaled el-Masri, another suspect who was held for CIA interrogation.

Abu Zubaydah, a 42-year-old Palestinian, allegedly made travel arrangements for jihadis loyal to Osama Bin Laden, including those who carried out the September 2001 attacks in the US.

The other suspect in the Poland case is Abd al-Rahim al-Nashiri, 48, a Saudi accused of organising the 2000 attack on the USS Cole warship in Yemen, in which 17 sailors died.

Their lawyers are representing them in Strasbourg and a court statement said their submissions are based mainly on publicly available sources, because of the restrictions imposed at Guantanamo Bay.

Only part of the hearing is public – the rest is being held behind closed doors.

Mr Nashiri’s lawyers accused Poland of turning a blind eye to CIA abuses
‘Extraordinary rendition’

The two men allege that they were subjected to torture, other ill treatment and incommunicado detention in Poland, while in US custody.

The “waterboard” technique – simulated drowning – was among the methods allegedly used during their interrogation. Their lawyers also say the men were subjected to mock executions in Poland and told their families would be sexually abused.

The men were allegedly flown to Poland on the same “rendition plane” in December 2002.

Reports by a Council of Europe investigator, Swiss senator Dick Marty, detailed “war on terror” operations by the CIA in several European countries. He named the Polish detention centre as Stare Kiejkuty, an intelligence training base near Szczytno in northern Poland.
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The Polish government’s investigation into the issue was in reality nothing more than a smoke-screen”
Crofton Black
Investigator at Reprieve

The Strasbourg judges will deliver their verdict on the case at a later stage.

Former President George W Bush authorised the rendition policy shortly after the 9/11 attacks to allow the CIA to interrogate terror suspects secretly outside the US.

Crofton Black, an investigator at the human rights campaign group Reprieve, said: “European support for the CIA’s torture programme is one of the darkest chapters of our recent history – it is encouraging that the court now looks set to bring it to light, where the [Polish] government has sought to sweep it under the carpet.”

“We have now heard overwhelming and uncontested evidence that the CIA was running a secret torture prison on Polish soil, with the Polish government’s knowledge.

“The Polish government has failed to contest that it knew prisoners were being held beyond the rule of law and tortured by the CIA inside their own country. It has also become clear that the Polish government’s investigation into the issue was in reality nothing more than a smoke-screen, which was neither designed nor intended to get to the truth,” he said.

A lawyer representing Poland said the Polish authorities should be allowed to complete their own investigation into the claims first.

In December 2012 the judges ruled that Macedonia had violated the rights of Khaled al-Masri, a Lebanese-born German citizen, and ordered Macedonia to pay him 60,000 euros (£50,000; $82,000). He was kidnapped in Macedonia in 2003, flown to a secret jail in Afghanistan and tortured there.

3 December 2013 Last updated at 10:31 ET

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BBC © 2013 The BBC

Guantánamo Bay detainees claim Poland allowed CIA torture

Terror suspects subjected to extraordinary rendition tell European court of human rights they were waterboarded

Judges of the European court of human rights during a hearing at the court in Strasbourg on Tuesday. Photograph: Vincent Kessler/Reuters

Lawyers for two men subject to extraordinary rendition by the CIA told the European court of human rights (ECHR) on Tuesday that Poland, which permitted a secret “black” site to operate on its territory, should be held responsible for their torture.

The two-day hearing at Strasbourg was the first time a European country has been taken to court for allowing US agencies to carry out “enhanced” interrogation and “waterboarding” programmes. In a highly unusual legal move, the media and public were barred from the opening day’s session.

The military base at Stare Kiejkuty, north of Warsaw, it was revealed, had previously been used by German intelligence and later the Soviet army during the second world war. One of the men, it was alleged, was subjected to mock executions while hooded and otherwise naked.

Abd al-Rahim Hussayn Muhammad al-Nashiri, a Saudi Arabian national of Yemeni descent, and Zayn al-Abidin Muhammad Husayn, also known as Abu Zubaydah, a stateless Palestinian, maintain they were waterboarded and abused during interrogation in Poland. Both men are being held by the US in Guantánamo Bay, Cuba.

The court also heard a submission from Ben Emmerson QC, the UN special rapporteur on counter-terrorism, who argued that where gross or “systematic human rights violations are alleged to have occurred, the right to know the truth is not only an individual right that belongs to the immediate victim of the violation, but also a collective right that belongs to the whole of society”.

Nashiri, who was born in 1965, is the prime suspect in the terrorist attack on the US navy ship USS Cole in the harbour of Aden, Yemen, in October 2000. He is also suspected of playing a role in the attack on the French oil tanker MV Limburg in the Gulf of Aden in October 2002.

Husayn, born in 1971, was considered by US authorities to be an important member of al-Qaida and is alleged to have been involved in planning the 9/11 attacks on New York and Washington.

They claim that after being captured by the CIA they were transferred on the same “rendition” plane in December 2002 to a secret detention site in Poland, with the knowledge of the Polish authorities, for the purpose of interrogation and were tortured.

Nashiri maintains he was seized in Dubai in October that year and subsequently moved around secret CIA detention facilities in Afghanistan and Thailand before being taken to Poland. He remained in a secret detention centre until early June 2003, when he was secretly transferred, with the assistance of the Polish authorities, to Morocco and then, in September 2003, to Guantánamo Bay.

He claims he was subjected to the so-called “waterboard technique”, where a detainee is tied to a bench with his feet elevated above his head, a cloth placed over his mouth and nose and water poured on to the cloth producing the sensation of drowning and suffocation.

Nashiri alleges he was also forced into prolonged stress positions – kneeling on the floor and leaning back – and was threatened that his family would be abused if he did not provide information.

Amrit Singh, of the Open Society Justice Initiative who represented Nashiri, said that her client had been repeatedly tortured. “The court heard expert testimony [on Monday] confirming how Polish officials filed false flight plans and assisted in the cover-up of CIA operations,” Singh said. “In a secluded villa, hidden from sight, CIA interrogators subjected him to torture: to mock executions while he stood naked and hooded before them; to painful stress positions that nearly dislocated his arms from his shoulders; and to threats of bringing in his mother to sexually abuse her in front of him.” He now faces the death penalty before a US military commission, she added.

Husayn alleges that, having been captured in Pakistan in March 2002 and subsequently transferred to a secret CIA detention facility in Thailand, he was brought to Poland in early December 2002 where he was held in a secret CIA detention facility until September 2003.

According to his submissions, Husayn was waterboarded, placed in a box and exposed to extreme noise.

Communication with his lawyers is restricted, making it impossible to pass on information or evidence directly from him to the ECHR. The presentation of his case is principally based on publicly available sources.

Pádraig Hughes, a lawyer with Interights who presented Husayn, said before the hearing: “We hope that the court’s ruling will make it clear that the actions by the Polish authorities were a clear violation of human rights and should never be repeated by any country that properly respects human rights and the rule of law.”

Crofton Black, a researcher with the London-based human rights organisation Reprieve, who has been researching the issue of secret prisons in Europe during the ‘War on Terror’ sat in on the first, closed day of the hearing.

“We have now heard overwhelming and uncontested evidence that the CIA was running a secret torture prison on Polish soil, with the Polish Government’s knowledge,” he said. “Despite being given many opportunities to do so, the Polish Government has failed to contest that it knew prisoners were being held beyond the rule of law and tortured by the CIA inside their own country.

“It has also become clear that the Polish government’s investigation into the issue was in reality nothing more than a smoke-screen, which was neither designed nor intended to get to the truth.

A Polish offical told the court that his country was the only European state that was “conducting a real investigation” and that the inquiry had been hindered by the fact that it was difficult for the prosecutor to talk to the complainants. Relations between Poland and the US, he added, were subject to secrecy.

Romania and Lithuania also have cases pending at the ECHR for hosting secret CIA prisons. Judgment was reserved.

Owen Bowcott and Ian Cobain
theguardian.com, Tuesday 3 December 2013 13.15 GMT

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CIA made doctors torture suspected terrorists after 9/11, taskforce finds

Doctors were asked to torture detainees for intelligence gathering, and unethical practices continue, review concludes

An al-Qaida detainee at Guantanamo Bay in 2002: the DoD has taken steps to address concerns over practices at the prison in recent years. Photograph: Shane T Mccoy/PA

Doctors and psychologists working for the US military violated the ethical codes of their profession under instruction from the defence department and the CIA to become involved in the torture and degrading treatment of suspected terrorists, an investigation has concluded.

The report of the Taskforce on Preserving Medical Professionalism in National Security Detention Centres concludes that after 9/11, health professionals working with the military and intelligence services “designed and participated in cruel, inhumane and degrading treatment and torture of detainees”.

Medical professionals were in effect told that their ethical mantra “first do no harm” did not apply, because they were not treating people who were ill.

The report lays blame primarily on the defence department (DoD) and the CIA, which required their healthcare staff to put aside any scruples in the interests of intelligence gathering and security practices that caused severe harm to detainees, from waterboarding to sleep deprivation and force-feeding.

The two-year review by the 19-member taskforce, Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror, supported by the Institute on Medicine as a Profession (IMAP) and the Open Society Foundations, says that the DoD termed those involved in interrogation “safety officers” rather than doctors. Doctors and nurses were required to participate in the force-feeding of prisoners on hunger strike, against the rules of the World Medical Association and the American Medical Association. Doctors and psychologists working for the DoD were required to breach patient confidentiality and share what they knew of the prisoner’s physical and psychological condition with interrogators and were used as interrogators themselves. They also failed to comply with recommendations from the army surgeon general on reporting abuse of detainees.

The CIA’s office of medical services played a critical role in advising the justice department that “enhanced interrogation” methods, such as extended sleep deprivation and waterboarding, which are recognised as forms of torture, were medically acceptable. CIA medical personnel were present when waterboarding was taking place, the taskforce says.

Although the DoD has taken steps to address concerns over practices at Guantánamo Bay in recent years, and the CIA has said it no longer has suspects in detention, the taskforce says that these “changed roles for health professionals and anaemic ethical standards” remain.

“The American public has a right to know that the covenant with its physicians to follow professional ethical expectations is firm regardless of where they serve,” said Dr Gerald Thomson, professor of medicine emeritus at Columbia University and member of the taskforce.

He added: “It’s clear that in the name of national security the military trumped that covenant, and physicians were transformed into agents of the military and performed acts that were contrary to medical ethics and practice. We have a responsibility to make sure this never happens again.”The taskforce says that unethical practices by medical personnel, required by the military, continue today. The DoD “continues to follow policies that undermine standards of professional conduct” for interrogation, hunger strikes, and reporting abuse. Protocols have been issued requiring doctors and nurses to participate in the force-feeding of detainees, including forced extensive bodily restraints for up to two hours twice a day.

Doctors are still required to give interrogators access to medical and psychological information about detainees which they can use to exert pressure on them. Detainees are not permitted to receive treatment for the distress caused by their torture.

“Putting on a uniform does not and should not abrogate the fundamental principles of medical professionalism,” said IMAP president David Rothman. “‘Do no harm’ and ‘put patient interest first’ must apply to all physicians regardless of where they practise.”The taskforce wants a full investigation into the involvement of the medical profession in detention centres. It is also calling for publication of the Senate intelligence committee’s inquiry into CIA practices and wants rules to ensure doctors and psychiatrists working for the military are allowed to abide by the ethical obligations of their profession; they should be prohibited from taking part in interrogation, sharing information from detainees’ medical records with interrogators, or participating in force-feeding, and they should be required to report abuse of detainees.

Sarah Boseley, health editor
The Guardian, Monday 4 November 2013

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