Contractors run U.S. spying missions in Africa

ENTEBBE, Uganda — Four small, white passenger planes sit outside a hangar here under a blazing sun, with no exterior markings save for U.S. registration numbers painted on the tails. A few burly men wearing aviator sunglasses and short haircuts poke silently around the wing flaps and landing gear.

The aircraft are Pilatus PC-12s, turboprops favored by the U.S. Special Operations forces for stealth missions precisely because of their nondescript appearance. There is no hint that they are carrying high-tech sensors and cameras that can film man-size targets from 10 miles away.

To further disguise the mission, the U.S. military has taken another unusual step: It has largely outsourced the spying operation to private contractors. The contractors supply the aircraft as well as the pilots, mechanics and other personnel to help process electronic intelligence collected from the airspace over Uganda, Congo, South Sudan and the Central African Republic.

In October, President Obama sent about 100 elite U.S. troops to central Africa to scour the terrain for Joseph Kony, the messianic and brutal leader of a Ugandan rebel group. But American contractors have been secretly searching for Kony from the skies long before that, at least since 2009, under a project code-named Tusker Sand, according to documents and people familiar with the operation.

The previously unreported practice of hiring private companies to spy on huge expanses of African territory — in this region and in North Africa, where a similar surveillance program is aimed at an al-Qaeda affiliate — has been a cornerstone of the U.S. military’s secret activities on the continent. Unlike uniformed troops, plainclothes contractors are less likely to draw attention.

But because the arms-length arrangement exists outside traditional channels, there is virtually no public scrutiny or oversight. And if something goes wrong, the U.S. government and its partners acknowledge that the contractors are largely on their own.

U.S. Africa Command, which oversees military operations on the continent, declined to discuss specific missions or its reasons for outsourcing the gathering of intelligence.

In response to written questions from The Washington Post, the command stated that contractors would not get special treatment in case of a mishap. Instead, they “would be provided the same assistance that any U.S. citizen would be provided by the U.S. Government should they be in danger.”

Perils of the job

There is precedent for the use of contractors in spying operations. The military hired private firms to conduct airborne surveillance in Latin America in the 1990s and early 2000s, with sometimes-disastrous results.

In 2003, for instance, one American was killed and three others were taken hostage by Colombian insurgents after their plane crashed in the jungle. The contractors, who were working for Northrop Grumman on a Defense Department counter-narcotics program, endured five years of captivity before they were freed in a raid by Colombian police.

Peter W. Singer, a Brookings Institution senior fellow and an expert on military contracting, said the Pentagon typically turns to the private sector for “deniability,” but he added that “it rarely turns out that way.”

“When things go bad, you can have two scenarios,” he said. “Either the contractors are left holding the bag, complaining about abandonment, or else some kind of abuse happens and they’re not held accountable because of a mix of unclear legal accountability and a lack of political will to do something about it.”

Indeed, contractors knowledgeable about the central Africa mission appear to be aware that the downing of one of their planes could have far-reaching implications.

“From a purely political standpoint it is obvious the fallout of such an incident would be immense, especially if hostile forces reached the crash site first,” Commuter Air Technology, an Oklahoma defense firm, wrote in May 2010 in response to a U.S. Africa Command solicitation to expand operations. “This could turn into a prisoner/hostage situation at worst, or at the least a serious foreign relations incident highly damaging to both AFRICOM and the U.S.”

The warning was prescient. That summer, a PC-12 surveillance aircraft operated by a New Jersey contractor as part of Tusker Sand was forced to make an emergency landing in Obo, an isolated town in the Central African Republic where Kony’s forces had terrorized the population.

On board were a handful of Americans working for the firm R-4 Inc., as well as a Ugandan military officer and a Congolese officer.

The unexpected appearance of two foreign soldiers and some Americans aroused the suspicions of tribal leaders, who had been kept in the dark about Tusker Sand by their national government. They detained the crew for several hours as they debated what to do.

“We felt like we were going to prison,” said one of the American contractors involved, speaking on the condition of anonymity to discuss a sensitive operation.

The contractor said that his group contacted State Department and United Nations officials but that they declined to intervene. It was even harder to track down Africa Command officials, whose headquarters are in Stuttgart, Germany.

“Eventually, we were able to talk our way out of it,” the contractor said. “That’s all we did over there, pay people off and talk our way out of situations.”

Dwight Turner, vice president of overseas operations for R-4, said he was not personally familiar with the incident. He confirmed that his company had been involved in Tusker Sand but declined to comment further.

A growing appetite

When Tusker Sand began in late 2009, it consisted of a single PC-12, operating out of a Ugandan military hangar at Entebbe airport. The hangar also housed a Gulfstream aircraft for the country’s president, Yoweri Museveni.

According to the contractor who worked for R-4, the presidential palace was so protective of Museveni’s plane that the Americans were required to push their PC-12 out of the hangar by hand, instead of with a tractor, to avoid inadvertent scrapes.

The U.S. military’s appetite for surveillance quickly grew. On June 11, 2010, the Africa Command participated in an “Industry Day” to drum up interest. More than 50 private contractors were invited to develop proposals to expand Tusker Sand and Creek Sand, the program aimed at al-Qaeda in the Islamic Maghreb, which operates mainly in Mali.

Unclassified documents prepared for the event show that the military wanted contractors to provide at least a combined 44 personnel for the programs, with double that number if the Africa Command decided to “surge” either one of them. At a minimum, contractors were told that they would have to keep planes flying for 150 hours a month.

Among the jobs to be outsourced: pilots, sensor operators, intelligence analysts, mechanics and linguists. The expectation was that the personnel would be veterans; most needed to certify that they had passed the military’s survival, resistance and escape training course, because of the possibility of aircrews being downed behind enemy lines.

Contractors would have to supply the surveillance gear, including electro-optical and infrared sensors that work in the dark, and a laser-emitting sensor that can peer under the jungle canopy. All had to be concealed within the body of the plane with retractable mounting to avoid attracting suspicion.

Another document stipulated that prospective firms fly “innocuous” aircraft that would “blend into the local operating area.” In a PowerPoint presentation posted on a federal government Web site for contractors, the Africa Command warned firms bidding for the work that African countries would be “uncomfortable” with activities that might look suspicious, adding: “Don’t want covert aircraft, just friendly looking aircraft.”

In addition to expanding Tusker Sand and Creek Sand, the Africa Command said it wanted to start a drone-based program, dubbed Tusker Wing, to search for members of Kony’s militia, the Lord’s Resistance Army.

That plan envisioned contractors using blimps equipped with cameras as well as ScanEagles, small and unmanned aircraft that can be launched with a catapult but stay aloft for 22 hours at a time, according to Gene Healey, a contractor who helped prepare a study for the Africa Command.

Healey said the Africa Command was initially enthusiastic about Tusker Wing but canceled the program, without explanation, before it got off the ground. Africa Command officials declined to comment.

Nonetheless, the number of manned surveillance flights for Tusker Sand has gradually increased. A new contractor, Sierra Nevada Corp., began operating PC-12 flights out of Entebbe in August.

Michelle Erlach, a spokeswoman for Sierra Nevada Corp., based in Sparks, Nev., declined to answer questions about Tusker Sand or the firm’s activities in Africa. “I cannot give any details on that,” she said.

The Africa Command declined to answer questions about the contract for Tusker Sand, saying it was “proprietary in nature.”

Allies on the Hill

Tusker Sand could soon receive another boost.

In March, Sen. James M. Inhofe (R-Okla.), one of Congress’s leading voices on Africa, issued a statement expressing concern that the U.S. military was being hindered in its efforts to track the Lord’s Resistance Army.

He called on the Obama administration to give the Africa Command “the full availability” of surveillance aircraft and equipment necessary to catch Kony and conduct other counterterrorism missions.

In an interview a month later, however, Inhofe said Africa Command officials told him that things had improved and that they were no longer being shortchanged. “I have been reassured,” he said. “I think they right now have the assets they need.”

Asked whether he had any qualms about private contractors operating spy missions on behalf of the U.S. military, Inhofe said he’d “rather not get into that.”

“They are working with contractors on these things, and I know there are a lot of people involved,” he added. “I’m just not going to elaborate on where they are or what they’re doing.”

Late last month, however, the Senate Armed Services Committee passed a measure authorizing $50 million for the Defense Department to “enhance and expand” surveillance operations to help Ugandan and other regional militaries search for Kony.

A congressional staff member said the legislators’ priority was to increase and improve the surveillance operations as quickly as possible, adding that Congress was not necessarily opposed to using private companies for the Kony manhunt.

“It’s a concern, but when you’re short on resources, it’s what you have to do,” said the staffer, speaking on the condition of anonymity to discuss sensitive operations. “It’s a permissive environment. Nobody’s getting shot at, and we’re just collecting intelligence.”

…

Find this story at 15 June 2012

Staff researcher Julie Tate in Washington contributed to this report.

By Craig Whitlock, Published: June 15

© The Washington Post Company

Intelligent kill: The dirty art of secret assassination

State-sponsored foreign assassinations of military, religious, ideological and political figures are an ugly reality of world history.

By means of sudden, irregular or secret attack, there is even a common euphemism in international law which bluntly describes the practice: targeted killing.

According to a UN special report on the subject, targeted killings are “premeditated acts of lethal force employed by states in times of peace or during armed conflict to eliminate specific individuals outside their custody”.

And it works something like this.

A state deems a certain individual wanted or a danger to its national security. After ruling out any feasible attempt to bring them to their own jurisdiction, usually because they are based in a third country, it deems itself responsible with silencing them by whatever means necessary.

The operational dynamics are then conducted under the auspices of one of two possible dimensions.

Either to eliminate the target under a fog of plausible deniability, in order for the state authorities to wash their hands clean of any discreditable action in a foreign land, and by extension any prosecution should its agents be captured; or to have blatant disregard to the norms of international law by reference to domestic constitutions that empower them to act under the guise of self-defence – in order to protect themselves from imminent threats of attack.

The use of targeted killing has become quite common in the aftermath of 9/11. U.S. Predator drones strikes against Al Qaeda targets in Pakistan and the Yemen, Israeli airstrikes against Palestinian leaders in the occupied territories and Russian targeting of Chechen separatists in the Caucasus — are just a few recent examples.

But the covert practice of this art has always been a lot murkier.

In 1942, formerly secret memos now reveal how the British Special Operations Executive (SOE) secretly trained Czechoslovakian volunteers to assassinate Reinhard Heydrich, one of the most feared men in Nazi Germany, in a daring ambush on his motorcade.

Alternatively, the main security services of the Third Reich, the RSHA, had in place its own clandestine unit which planned to target Allied soldiers with poisoned coffee, chocolate and cigarettes; as part of a ruthless terrorist campaign.

During the Cold War, the Soviet Union’s equivalent of the CIA, the KGB, poisoned two of its dissidents abroad, once by firing a tiny Ricin-infested pellet from a specially designed umbrella into the target’s leg; and on another occasion by a spray gun firing a jet of poison gas from a crushed cyanide ampoule.

But even when the intended targets happen to miraculously survive a surreptitiously planned death, the devil that’s in the detail can be just as intriguing.

The CIA attempted to kill Cuban dictator Fidel Castro on numerous occasions by utilizing everything from exploding cigars, mafia contractors and femmes fatales — albeit without success.

On another occasion, the CIA unsuccessfully attempted to kill the Republic of Congo’s first Prime Minister, Patrice Lumumba, using a tube of doctored toothpaste which would have left him dead, apparently of Polio.

In 2004, Ukrainian opposition leader Victor Yushenko was poisoned with TCDD, the most toxic form of Polychlorinated Dibenzodioxins, otherwise known as Dioxins, by what is largely suspected were pro-Russian individuals within the state’s security apparatus.

Although many of the shrewd techniques that have been secretly used in the murder of dissidents and enemies abroad have long been acknowledged in the post-cold war era, many practices may still be eluding us by virtue of remaining shrouded in anonymity, even to this day.

But generally speaking, secret state-sponsored targeted killings are still synonymous with booby-trapped car bombs, sniper hits, exploding cell phones and even small arms fire.

In recent years, however, the art of these smart assassinations – designed in the most part to make a person’s death look somewhat natural – have now been refined by the most unthinkable of materials.

And you don’t have to look beyond what happened to Alexander Litvenenko, a former officer in Russia’s internal security force, FSB, and critic of Vladimir Putin’s rule, in London on November 2006.

After meeting what he ostensibly thought were two former KGB officers for tea in a hotel bar, within hours he was hospitalized with mysterious symptoms including progressively severe hair loss, vomiting and diarrhea for three weeks — before he ultimately succumbed to his horrible death.

His post-mortem finally furnished us with details. He was poisoned it turns out, with tiny a nuclear substance, the radioactive isotope, Polonium-210. Its acute radiation syndrome that he ingested virtually meant he had no chance of survival.

The UK authorities were able to piece together trails of the material as left by the culprits, incidentally right back to Russia itself, where almost all the world’s polonium is produced.

The logic of administering such toxic materials was in fact deliberate. Polonium-210 is something which is normally undetectable; as a rare radioactive isotope it emits alpha particles, not the common gamma radiation that standard radiological equipment would detect in hospitals.

The accused culprits may have underestimated the determination of the British authorities to uncover the whole plot, but simultaneously the incident also told us something; the Russians were not going to play by the old rules – they were going to rewrite them.

It would be wrong to assume, however, that biological poisons, chemical agents and nuclear materials are the only things used in smart killings. In fact, the use of materials designed for rudimentary medical procedures have also taken on a new course.

Israel’s Mossad, long considered the most effective intelligence agency in the world per magnitude, and no stranger to the world of targeted killing in foreign countries, has two shiny examples.

In September 1997, Mossad agents sprayed Hamas Leader Khaled Meshal with the poison Levofentanyl – a modified version of the widely-used painkiller Fentany – by using a small camera which served as a trajectory. Although the agents were later apprehended, and eventually exchanged the antidote (following lengthy behind-the-scenes negotiations before it was eventually given to the victim), the audacity of the materials they used spoke volumes: it was designed not to leave any visible or tell-tale signs of harm on the target’s body.

In January 2010, Hamas military commander Mohammad Al Mabhouh was found dead in his Dubai hotel room in what initially appeared to be death by natural causes.

However, upon thorough investigation, not only were 26 suspects (believed to have emanated from Israel) fingered, but the circumstances surrounding his death also soon transpired.

Al Mabhouh was injected in his leg with Succinylcholine, a quick-acting, depolarizing paralytic muscle relaxant. It causes almost instant loss of motor skills, but does not induce loss of consciousness or anesthesia. He was then apparently suffocated — ostensibly to quicken the pace of his death.

In his bestselling book, Gordon Thomas, author of Gideon Spies: The Secret History of the Mossad, gives a chilling and detailed account of how the Mossad uses Biochemists and genetic scientists in order to develop lethal cocktails as bottled agents of death.

This includes the development of nerve agents, choking agents, blood agents, and blister agents – including Tuban (virtually odorless and invisible when dispensed in aerosol or vapor form), Soman (the last of the Nazi nerve gasses to be discovered which also has a slightly fruity odour and is invincible in vapour format), blister agents (which include chlorine, phosgene and diphosgene, and smell of new-mown grass) and blood agents (including those with a cyanide base).

The point to extrapolate is clear. States that employ the practice of smart assassination techniques see them as effective strategies that are justified. They don’t need to admit to carrying them out, but we know they are happening.

An obvious concern raised here is that their almost pathological unwillingness to answer questions about the consequences of resorting to such assassinations – or covert targeted killings – will result in the practice becoming more widespread.

The arbitrary stretching of legal justifications for such assassinations, premised on what an individual country recognizes as self-defence, indirectly renders them to be bound by no limits — and by extension may serve as encouragement for other nations to follow suit, if they interpret their national security considerations being failed by international treaty and cooperation.

Just last month, British Police warned two outspoken Rwandan dissidents of threats to their lives by the Rwandan government, which could come in ‘any form’ or by ‘unconventional means’.

…

Find this story at 19 June 2012

By Mohammad I. Aslam
Tuesday, 19 June 2012 at 3:00 am

©independent.co.uk

 

U.S. expands secret intelligence operations in Africa

OUAGADOUGOU, Burkina Faso — The U.S. military is expanding its secret intelligence operations across Africa, establishing a network of small air bases to spy on terrorist hideouts from the fringes of the Sahara to jungle terrain along the equator, according to documents and people involved in the project. At the heart of the surveillance operations are small, unarmed turboprop aircraft disguised as private planes. Equipped with hidden sensors that can record full-motion video, track infrared heat patterns, and vacuum up radio and cellphone signals, the planes refuel on isolated airstrips favored by African bush pilots, extending their effective flight range by thousands of miles. About a dozen air bases have been established in Africa since 2007, according to a former senior U.S. commander involved in setting up the network. Most are small operations run out of secluded hangars at African military bases or civilian airports. The nature and extent of the missions, as well as many of the bases being used, have not been previously reported but are partially documented in public Defense Department contracts. The operations have intensified in recent months, part of a growing shadow war against al-Qaeda affiliates and other militant groups. The surveillance is overseen by U.S. Special Operations forces but relies heavily on private military contractors and support from African troops. The surveillance underscores how Special Operations forces, which have played an outsize role in the Obama administration’s national security strategy, are working clandestinely all over the globe, not just in war zones. The lightly equipped commando units train foreign security forces and perform aid missions, but they also include teams dedicated to tracking and killing terrorism suspects. The establishment of the Africa missions also highlights the ways in which Special Operations forces are blurring the lines that govern the secret world of intelligence, moving aggressively into spheres once reserved for the CIA. The CIA has expanded its counterterrorism and intelligence-gathering operations in Africa, but its manpower and resources pale in comparison with those of the military. U.S. officials said the African surveillance operations are necessary to track terrorist groups that have taken root in failed states on the continent and threaten to destabilize neighboring countries. A hub for secret network A key hub of the U.S. spying network can be found in Ouagadougou (WAH-gah-DOO-goo), the flat, sunbaked capital of Burkina Faso, one of the most impoverished countries in Africa. Under a classified surveillance program code-named Creek Sand, dozens of U.S. personnel and contractors have come to Ouagadougou in recent years to establish a small air base on the military side of the international airport. The unarmed U.S. spy planes fly hundreds of miles north to Mali, Mauritania and the Sahara, where they search for fighters from al-Qaeda in the Islamic Maghreb, a regional network that kidnaps Westerners for ransom. The surveillance flights have taken on added importance in the turbulent aftermath of a March coup in Mali, which has enabled al-Qaeda sympathizers to declare an independent Islamist state in the northern half of the country. Elsewhere, commanders have said they are increasingly worried about the spread of Boko Haram, an Islamist group in Nigeria blamed for a rash of bombings there. U.S. forces are orchestrating a regional intervention in Somalia to target al-Shabab, another al-Qaeda affiliate. In Central Africa, about 100 American Special Operations troops are helping to coordinate the hunt for Joseph Kony, the Ugandan leader of a brutal guerrilla group known as the Lord’s Resistance Army. The results of the American surveillance missions are shrouded in secrecy. Although the U.S. military has launched airstrikes and raids in Somalia, commanders said that in other places, they generally limit their involvement to sharing intelligence with allied African forces so they can attack terrorist camps on their own territory. The creeping U.S. military involvement in long-simmering African conflicts, however, carries risks. Some State Department officials have expressed reservations about the militarization of U.S. foreign policy on the continent. They have argued that most terrorist cells in Africa are pursuing local aims, not global ones, and do not present a direct threat to the United States. The potential for creating a popular backlash can be seen across the Red Sea, where an escalating campaign of U.S. drone strikes in Yemen is angering tribesmen and generating sympathy for an al-Qaeda franchise there. In a response to written questions from The Washington Post, the U.S. Africa Command said that it would not comment on “specific operational details.” “We do, however, work closely with our African partners to facilitate access, when required, to conduct missions or operations that support and further our mutual security goals,” the command said. Surveillance and intelligence-gathering operations, it added, are “simply a tool we employ to enable host nation militaries to better understand the threat picture.” Uncovering the details The U.S. military has largely kept details of its spy flights in Africa secret. The Post pieced together descriptions of the surveillance network by examining references to it in unclassified military reports, U.S. government contracting documents and diplomatic cables released by WikiLeaks, the anti-secrecy group. Further details were provided by interviews with American and African officials, as well as military contractors. In addition to Burkina Faso, U.S. surveillance planes have operated periodically out of nearby Mauritania. In Central Africa, the main hub is in Uganda, though there are plans to open a base in South Sudan. In East Africa, U.S. aircraft fly out of bases in Ethiopia, Djibouti, Kenya and the Indian Ocean archipelago of the Seychelles. Army Gen. Carter F. Ham, the head of U.S. Africa Command, which is responsible for military operations on the continent, hinted at the importance and extent of the air bases while testifying before Congress in March. Without divulging locations, he made clear that, in Africa, he wanted to expand “ISR,” the military’s acronym for intelligence, surveillance and reconnaissance. “Without operating locations on the continent, ISR capabilities would be curtailed, potentially endangering U.S. security,” Ham said in a statement submitted to the House Armed Services Committee. “Given the vast geographic space and diversity in threats, the command requires increased ISR assets to adequately address the security challenges on the continent.” Some of the U.S. air bases, including ones in Djibouti, Ethiopia and the Seychelles, fly Predator and Reaper drones, the original and upgraded models, respectively, of the remotely piloted aircraft that the Obama administration has used to kill al-Qaeda leaders in Pakistan and Yemen. “We don’t have remotely piloted aircraft in many places other than East Africa, but we could,” said a senior U.S. military official, who spoke on the condition of anonymity to discuss intelligence matters. “If there was a need to do so and those assets were available, I’m certain we could get the access and the overflight [permission] that is necessary to do that.” Common aircraft Most of the spy flights in Africa, however, take off the old-fashioned way — with pilots in the cockpit. The conventional aircraft hold two big advantages over drones: They are cheaper to operate and far less likely to draw attention because they are so similar to the planes used throughout Africa. The bulk of the U.S. surveillance fleet is composed of single-engine Pilatus PC-12s, small passenger and cargo utility planes manufactured in Switzerland. The aircraft are not equipped with weapons. They often do not bear military markings or government insignia. The Pentagon began acquiring the planes in 2005 to fly commandos into territory where the military wanted to maintain a clandestine presence. The Air Force variant of the aircraft is known as the U-28A. The Air Force Special Operations Command has about 21 of the planes in its inventory. In February, a U-28A crashed as it was returning to Camp Lemonnier in Djibouti, the only permanent U.S. military base in Africa. Four airmen from the Air Force Special Operations Command were killed. It was the first reported fatal incident involving a U-28A since the military began deploying the aircraft six years ago. Air Force officials said that the crash was an accident and that they are investigating the cause. Military officials declined to answer questions about the flight’s mission. Because of its strategic location on the Horn of Africa, Camp Lemonnier is a hub for spy flights in the region. It is about 500 miles from southern Somalia, an area largely controlled by the al-Shabab militia. Lemonnier is even closer — less than 100 miles — to Yemen, where another al-Qaeda franchise has expanded its influence and plotted attacks against the United States. Elsewhere in Africa, the U.S. military is relying on private contractors to provide and operate PC-12 spy planes in the search for Kony, the fugitive leader of the Lord’s Resistance Army, a group known for mutilating victims, committing mass rape and enslaving children as soldiers. Ham, the Africa Command chief, said in his testimony to Congress in March that he was seeking to establish a base for surveillance flights in Nzara, South Sudan. Although that would bolster the hunt for Kony, who is wanted by the International Criminal Court, it would also enable the U.S. military to keep an eye on the worsening conflict between Sudan and South Sudan. The two countries fought a civil war for more than two decades and are on the verge of war again, in part over potentially rich oil deposits valued by foreign investors. Other aviation projects are in the offing. An engineering battalion of Navy Seabees has been assigned to complete a $10 million runway upgrade this summer at the Manda Bay Naval Base, a Kenyan military installation on the Indian Ocean. An Africa Command spokeswoman said the runway extension is necessary so American C-130 troop transport flights can land at night and during bad weather. About 120 U.S. military personnel and contractors are stationed at Manda Bay, which Navy SEALs and other commandos have used as a base from which to conduct raids against Somali pirates and al-Shabab fighters. About 6,000 miles to the west, the Pentagon is spending $8.1 million to upgrade a forward operating base and airstrip in Mauritania, on the western edge of the Sahara. The base is near the border with strife-torn Mali. The Defense Department also set aside $22.6 million in July to buy a Pilatus PC-6 aircraft and another turboprop plane so U.S.-trained Mauritanian security forces can conduct rudimentary surveillance operations, according to documents submitted to Congress. Crowding the embassy The U.S. military began building its presence in Burkina Faso in 2007, when it signed a deal that enabled the Pentagon to establish a Joint Special Operations Air Detachment in Ouagadougou. At the time, the U.S. military said the arrangement would support “medical evacuation and logistics requirements” but provided no other details. By the end of 2009, about 65 U.S. military personnel and contractors were working in Burkina Faso, more than in all but three other African countries, according to a U.S. Embassy cable from Ouagadougou. In the cable, diplomats complained to the State Department that the onslaught of U.S. troops and support staff had “completely overwhelmed” the embassy. In addition to Pilatus PC-12 flights for Creek Sand, the U.S. military personnel in Ouagadougou ran a regional intelligence “fusion cell” code-named Aztec Archer, according to the cable. Burkina Faso, a predominantly Muslim country whose name means “the land of upright men,” does not have a history of radicalism. U.S. military officials saw it as an attractive base because of its strategic location bordering the Sahel, the arid region south of the Sahara where al-Qaeda’s North African affiliate is active. Unlike many other governments in the region, the one in Burkina Faso was relatively stable. The U.S. military operated Creek Sand spy flights from Nouakchott, Mauritania, until 2008, when a military coup forced Washington to suspend relations and end the surveillance, according to former U.S. officials and diplomatic cables. In Ouagadougou, both sides have worked hard to keep the partnership quiet. In a July 2009 meeting, Yero Boly, the defense minister of Burkina Faso, told a U.S. Embassy official that he was pleased with the results. But he confessed he was nervous that the unmarked American planes might draw “undue attention” at the airport in the heart of the capital and suggested that they move to a more secluded hangar. “According to Boly, the present location of the aircraft was in retrospect not an ideal choice in that it put the U.S. aircraft in a section of the airfield that already had too much traffic,” according to a diplomatic cable summarizing the meeting. “He also commented that U.S. personnel were extremely discreet.” U.S. officials raised the possibility of basing the planes about 220 miles to the west, in the city of Bobo Dioulasso, according to the cable. Boly said that the Americans could use that airport on a “short term or emergency basis” but that a U.S. presence there “would likely draw greater attention.” In an interview with The Post, Djibril Bassole, the foreign minister of Burkina Faso, praised security relations between his country and the United States, saying they were crucial to containing al-Qaeda forces in the region. “We need to fight and protect our borders,” he said. “Once they infiltrate your country, it’s very, very difficult to get them out.” Bassole declined, however, to answer questions about the activities of U.S. Special Operations forces in his country. “I cannot provide details, but it has been very, very helpful,” he said. “This cooperation should be very, very discreet. We should not show to al-Qaeda that we are now working with the Americans.” Discretion is not always strictly observed. In interviews last month, residents of Ouagadougou said American service members and contractors stand out, even in plainclothes, and are appreciated for the steady business they bring to bars and a pizzeria in the city center. … Find this story at 14 June 2012 By Craig Whitlock, Thursday, June 14, 4:02 AM © The Washington Post Company

Advocate General’s Opinion in Joined Cases C-539/10 P and C-550/10 P Stichting Al-Aqsa v Council and Netherlands v Stichting Al-Aqsa

In Advocate General Trstenjak’s view, the Council may freeze funds in the fight against terrorism only while national prosecutions of the persons concerned are ongoing.
In view of the repeal of the Netherlands measures against Al-Aqsa, the General Court was therefore right to annul the legal acts by which the Council allowed Al-Aqsa’s funds to remain frozen.
The Netherlands Al-Aqsa foundation has been engaged since 2003 in judicial proceedings challenging its inclusion or its continued inclusion in the list drawn up by the Council of persons and entities whose assets are to be frozen in the fight against terrorism. An initial series of Council decisions by which the Council included or retained Al-Aqsa in that list was annulled by the General Court of the European Union on the ground of inadequate statement of reasons. A second series of such Council measures adopted between 2007 and 2009 was also annulled by the General Court, in that case because the Netherlands had repealed the ministerial regulation relating to Al-Aqsa which ultimately formed the basis of subsequent Council measures. Inclusion or retention in the list is conditional upon the active pursuit of a national investigation or prosecution of the relevant person on account of a terrorist act, or enforcement of a penalty previously imposed.

In an appeal brought by the Netherlands against the latter judgment of the General Court, the Court of Justice has been called upon to examine the conditions under which funds may be frozen.
In her Opinion announced today, Advocate General Verica Trstenjak proposes that the Court of Justice uphold the judgment of the General Court. She points out that EU measures to combat terrorism3 are not a matter for the Council’s discretion. Rather, the Council can freeze the funds of persons and entities on the basis of a suspicion that they are supporting terrorist activities only if a Member State has at least instigated investigations against such persons or entities following a decision by the authorities. Since it is ultimately those investigations alone which justify the freezing of funds, the Council must unfreeze those funds if, in accordance with its duty regularly to review the measures adopted, it determines that the national decision has ceased to apply or the investigations being conducted at a national level are no longer being pursued.

Against that background, there were no longer any grounds for keeping Al-Aqsa on the Council’s list. The Netherlands had, as long ago as August 2003, repealed the ministerial regulation relating to Al-Aqsa on which that foundation’s inclusion in the Council’s list was ultimately based, and the Council had not checked whether there was any other national investigation that might have constituted grounds for the Council’s freezing of Al-Aqsa’s funds. The fact that a Netherlands court had, in June 2003, dismissed an application by Al-Aqsa for the temporary suspension of the Netherlands ministerial regulation is not relevant in this context. To that extent, the General Court was right to find that that Netherlands judgment has no significance of its own following the repeal of the ministerial regulation.
Advocate General Trstenjak therefore proposes that the Court of Justice dismiss the appeal by the Netherlands. She further proposes that the appeal brought by Al-Aqsa also be dismissed, as that appeal is directed not against the outcome of the judgment of the General Court of the European Union but merely against the considerations contained within it, and is thus inadmissible.
NOTE: The Advocate General’s Opinion is not binding on the Court of Justice. It is the role of the Advocates General to propose to the Court, in complete independence, a legal solution to the cases for which they are responsible. The Judges of the Court are now beginning their deliberations in this case. Judgment will be given at a later date.
NOTE: An appeal, on a point or points of law only, may be brought before the Court of Justice against a judgment or order of the General Court. In principle, the appeal does not have suspensive effect. If the appeal is admissible and well founded, the Court of Justice sets aside the judgment of the General Court. Where the state of the proceedings so permits, the Court of Justice may itself give final judgment in the case. Otherwise, it refers the case back to the General Court, which is bound by the decision given by the Court of Justice on the appeal.

Unofficial document for media use, not binding on the Court of Justice.

Court of Justice of the European Union
PRESS RELEASE No 72/12
Luxembourg, 6 June 2012
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The full text of the Opinion is published on the CURIA website on the day of delivery.

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How CIA blood money led to family killing in Pakistan

Man suspected of shooting wife and daughter dead linked to US payout for Raymond Davis killings

A relative holds a picture of Faizan Haider, a 21-year-old Pakistani man whose family received a payout after he was killed by CIA contractor Raymond Davis. Photograph: Declan Walsh for the Guardian

In a neighbourhood where houses can cost up to £70,000, Shehzad Butt and his family stuck out from the moment they moved in. Unlike the privately educated children who spoke flawless English with American accents, Butt’s seven children spoke only Urdu. Butt himself – a former mechanic living alongside doctors and lawyers – would occasionally startle the Johar Town neighbourhood, in the south of Lahore, by climbing on to his roof and firing guns into the air.

But one thing the Butts did have in common with their genteel neighbours was money: a six-figure sum settled with the family when Butt’s son-in-law, Faizan Haider, was gunned down along with another man by a CIA contractor called Raymond Davis last year.

The money helped the Butts resettle, but, according to people who know the family, it ultimately destroyed them. Last month Butt’s wife, Nabeela, and his widowed daughter, Zohra Haider, were shot dead. Police suspect Butt killed the two women after a domestic row. He is believed to be on the run.

Relatives and the police all say the family’s misfortune stemmed from the compensation. The two families were reportedly paid 200m rupees, $2.22m, with around $250,000 going to the two widows. It, transformed the lives of Ms Haider’s parents and siblings when she returned to live with her family after her husband’s death.

“These people were low-status, both financially and in terms of caste,” said Asad Manzoor Butt, the family’s former lawyer. “They had no idea how to cope with that sort of money.”

Shehzad Butt, 55, who had been working for decades in the Gulf as a mechanic, returned to Lahore, invested in a small car dealership and moved his family from their old home on the grimy industrial fringes of Lahore. Where Johar Town is airy and green, their old neighbourhood of Ferozewala is a world of gloomy, narrow streets packed with rundown shops and overcrowded houses.

“If we hadn’t been forced into taking the money we would never be in this position,” said his nephew Mahzar Butt, sitting amid the gloom of a power cut in a cramped room in the family’s original home. “Zohra wanted justice, not money. The money led to disintegration within our family.”

Butt and his wife were said to have been fighting for weeks over the remarriage of their wealthy daughter, who had an infant son. Butt wanted one of his relatives to be her new husband but his wife preferred a man from her own family – a 45-year-old who lived in Dubai. Meanwhile, the parents of her dead husband wanted her to marry one of their other sons.

“Zohra controlled a lot of blood money that was in her name,” said Khalid Farooqi, the police inspector investigating the incident. “If she agreed to marry someone on her mother’s side the money would go there and her father would lose control over it. Perhaps he wanted to use it for some investment.”

Farooqi says domestic disputes leading to killings are not uncommon in Pakistan, “but not in these nice areas, only in the townships and poor localities”.

It was claimed that the daughter’s in-laws once turned up at the house in Johar Town to make their case for marriage, prompting a row. Fear of the in-laws was the reason why Butt kept weapons in the house, claimed Sheikh Asif, a childhood friend.

He also said Ms Haider’s fortune destroyed Butt’s once unchallenged position within the household. “He worked hard to support them, day and night, sending money back from the Gulf,” he said. “But then suddenly he was no one to them and they were out of his control.”

After the Davis shootout in Lahore, which the American claimed was an act of self-defence, the family came under enormous pressure to accept a blood-money payment that would let Davis go free, as allowed by Pakistani law. Barack Obama publicly insisted Davis was covered by diplomatic immunity and should be released, something the Pakistani government could not countenance, given public outrage and widespread anti-American feeling.

Manzoor Butt said he was thrown off the case and the family were bullied into making a decision by the “agencies”. “The family were told they could not stop this man from being released,” he said. “Either they take the money and Davis goes home, or Davis goes home anyway and you get nothing.”

…

Find this story at 15 may 2012

Jon Boone in Lahore
guardian.co.uk, Tuesday 15 May 2012 12.50 BST

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