Exclusive: President Obama refused to hold “war on terror” torturers to account but punished truth-tellers severely, a bleak legacy not erased by Chelsea Manning’s belated commutation, as Jonathan Marshall explains.
By Jonathan Marshall
January 17 was an unusually good day for truth and human rights on both sides of the Atlantic. Even before President Obama commuted whistleblower Chelsea Manning’s long prison sentence, the British Supreme Court ruled unanimously that government ministers cannot claim “state immunity” or other specious grounds to avoid legal accountability in cases of abduction (rendition) and torture. The decision was heralded by Amnesty International, the International Commission of Jurists, and other human rights groups.
The lawsuit against Britain’s former foreign secretary, Jack Straw, and a former senior intelligence officer was brought by Libyan dissident Abdel Hakim Belhaj, a militant opponent of Muammar Gaddafi. He was kidnapped with his pregnant wife from Bangkok in March 2004 based on a tip from MI6, the British intelligence service.
Taken to a secret CIA prison in Thailand, they were blindfolded, hooded, hung from hooks on the cell wall, beaten, and blasted with loud music. A few days later the CIA flew them to Tripoli, where Belhaj was jailed and tortured by the Libyan regime for six years. He says he was also interrogated by British intelligence officers.
Owing to an edict by President Obama, Bush administration officials have never been tried for their complicity in more than 60 renditions of CIA prisoners, but Britain’s senior officials may face justice thanks to their Supreme Court ruling, which cited legal authorities ranging from the Magna Carta of 1215 to the United Nations Convention Against Torture.
Evidence of official British complicity in the kidnapping of Belhaj was discovered by Human Rights Watch in Gaddafi’s intelligence files after the Libyan dictator was overthrown in 2011. A 2004 fax by the chief of counterterrorism at MI6 to his Libyan counterpart said of Belhaj’s capture, “This…