http://www.guardian.co.uk/world/2012/apr/08/special-report-britain-rendition-libya
Special report: Rendition ordeal that raises new questions about secret
trials
In 2004, Fatima Bouchar and her husband, Abdel Hakim Belhaj, were detained
en route to the UK, and rendered to Libya. This is the story of their
imprisonment, and the trail of evidence that reveals the involvement of the
British government
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- Ian Cobain <http://www.guardian.co.uk/profile/iancobain>
- guardian.co.uk <http://www.guardian.co.uk/>, Sunday 8 April 2012
11.26 EDT
- Article
history<http://www.guardian.co.uk/world/2012/apr/08/special-report-britain-rendition-libya#history-link-box>
[image: Fatima Bouchar, the wife of Abdul Hakim Belhaj. Both were detained
in 2004 and rendered to Libya.]
Fatima Bouchar, the wife of Abdul Hakim Belhaj. Both were detained in 2004
in Bangkok with the help of MI6 and rendered to Libya. Photograph: Irina
Kalashnikova for the Guardian
Just when Fatima Bouchar thought it couldn't get any worse, the Americans
forced her to lie on a stretcher and began wrapping tape around her feet.
They moved upwards, she says, along her legs, winding the tape around and
around, binding her to the stretcher. They taped her stomach, her arms and
then her chest. She was bound tight, unable to move.
Bouchar says there were three Americans: two tall, thin men and an equally
tall woman. Mostly they were silent. She never saw their faces: they
dressed in black and always wore black balaclavas. Bouchar was terrified.
They didn't stop at her chest she says they also wound the tape around
her head, covering her eyes. Then they put a hood and earmuffs on her. She
was unable to move, to hear or to see. "My left eye was closed when the
tape was applied," she says, speaking about her ordeal for the first time.
"But my right eye was open, and it stayed open throughout the journey. It
was agony." The journey would last around 17 hours.
Bouchar, then aged 30, had become a victim of the process known as
extraordinary rendition <http://www.guardian.co.uk/world/rendition>. She
and her husband, Abdel Hakim Belhaj, a Libyan Islamist militant fighting
Muammar Gaddafi, had been abducted in Bangkok and were being flown to one
of Gaddafi's prisons in Libya <http://www.guardian.co.uk/world/libya>, a
country where she had never before set foot. However, Bouchar's case is
different from the countless other renditions that the world has learned
about over the past few years, and not just because she was one of the few
female victims.
Documents discovered in Tripoli show that the operation was initiated by
British intelligence officers, rather than the masked Americans or their
superiors in the US. There is also some evidence that the operation may
have been linked to a second British-initiated operation, which saw two men
detained in Iraq and rendered to Afghanistan. Furthermore, the timing of
the operation, and the questions that Bouchar's husband and a second
rendition victim say were subsequently put to them under torture, raise
disturbing new questions about the secret court system that considers
immigration appeals in terrorist cases in the UK a system that the
government has pledged to extend to civil trials in which the government
itself is the defendant.
This year, the Crown Prosecution Service announced police had launched an
investigation<http://www.cps.gov.uk/news/press_statements/joint_statement_by_the_director_of_public_prosecutions_and_the_metropolitan_police_service/>into
the "alleged rendition and alleged ill-treatment" of Bouchar and
Belhaj, and a second operation in which a Libyan family of six were flown
to one of Gaddafi's prisons.
It appears inevitable that Scotland Yard's detectives will want to question
the man who was foreign secretary at the time Jack Straw.
Ten years before Bouchar's abduction and rendition, many of her husband's
associates had been permitted to settle in Britain. These men were members
of al-Jama'a al-Islamiyyah al-Muqatilah fi-Libya, the Libyan Islamic
Fighting Group (LIFG), an organisation formed in the early 1990s and
dedicated to Gaddafi's removal. The LIFG was not banned in the UK, and its
members appear to have found the country a convenient place to gather and
raise funds. There were even reports
<http://cryptome.org/jya/mi5-flap.htm> officially denied that
MI6 <http://www.guardian.co.uk/world/mi6> encouraged the LIFG in an
unsuccessful attempt on the dictator's life.
But from 2002 the UK ceased to be such a safe haven for the LIFG. The US
and UK governments were beginning to repair their relations with Gaddafi, a
rapprochement that would soon see him abandon his WMD programme and open
his country's oil and gas reserves to western corporations.
*Held by armed police*
One Thursday evening in November that year, a 36-year-old LIFG member who
was living in London was arrested by armed police as he attempted to board
a flight at Heathrow. He was told he was being detained under the
Anti-terrorism,
Crime and Security
Act,<http://www.publications.parliament.uk/pa/cm200102/cmbills/049/2002049.pdf>a
piece of legislation that had been rushed on to the statute books
within
weeks of 9/11, and which allowed the British government to detain
international terrorism suspects without trial. From that moment the man
was anonymised, by court order in part to protect his relatives in Libya
and could be referred to only as "M".
When M had arrived in the UK as an asylum seeker eight years earlier, he
had readily told Special Branch detectives that he was a member of the
LIFG. On his arrest at Heathrow he insisted that the organisation had no
connection with international terrorism and was concerned only with the
removal of Gaddafi. After being detained at Belmarsh high security prison
in south-east London, M appealed to the Special Immigration Appeals
Commission (SIAC), a tribunal that allows the government to give evidence
in secret, unseen by the appellant or the appellant's lawyers.
[image: Abdel Hakim Belhaj in Tripoli in August 2011 where he was the rebel
military leader] Abdel Hakim Belhaj in Tripoli in August 2011 where he was
the rebel military leader. He had been detained in 2004 in Bangkok and
rendered to Libya with his pregnant wife Fatima Bouchar. Photograph:
Francois Mori/AP
In March 2004, M became the first and only person detained under the act to
win an appeal at SIAC. The tribunal accepted that there were no links
between LIFG and al-Qaida, and criticised the Home
Office<http://www.siac.tribunals.gov.uk/Documents/outcomes/documents/sc172002m.pdf>for
its "consistent exaggeration" of M's alleged links with members of
al-Qaida. As the law permitted only "international terrorists" to be
detained without trial, and not domestic insurgents, M was set free. A few
days after SIAC's decision, notice was passed to the Home Office and
MI5<http://www.guardian.co.uk/uk/mi5>,
and Fatima Bouchar and her husband were detained in Bangkok.
Bouchar's husband made no
secret<http://www.guardian.co.uk/profile/abdel-hakim-belhaj>of being a
leading member of the LIFG. That year, the couple had left
China, where they had been living in exile, and attempted to travel to the
UK via Malaysia. When they were detained in Kuala Lumpur and questioned
about Belhaj's false Iraqi passport, an acquaintance went to the British
high commission to explain that the couple were attempting to reach London.
Shortly after this, they were told that they would be permitted to travel
to the UK on a BA flight, despite not having EU passports or UK visas. But
when the aircraft stopped off at Bangkok, the pair were detained and taken
to a US-run detention facility.
It was known that the CIA <http://www.guardian.co.uk/world/cia> had been
operating a secret prison in Thailand since 9/11, but its precise location
was unknown. Bouchar and Belhaj arrived there within minutes of being
detained, suggesting that it was located within the perimeter of Don Muang
international airport. They were immediately separated.
Belhaj says he was blindfolded, hooded, forced to wear ear defenders, and
hung from hooks in his cell wall for what seemed to be hours. He says he
was severely beaten. The ear defenders were removed only for him to be
blasted with loud music, he says, or when he was interrogated by his US
captors.
Bouchar says that when she was dragged away from her husband she feared he
was going to be killed. "I thought: 'This is it.' I thought I would never
see my husband again ... They took me into a cell, and they chained my left
wrist to the wall and both my ankles to the floor. I could sit down but I
couldn't move. There was a camera in the room, and every time I tried to
move they rushed in. But there was no real communication. I wasn't
questioned." Bouchar found it difficult to comprehend how she could be
treated in this way: she was four-and-a-half months pregnant. "They knew I
was pregnant," she says. "It was obvious." She says she was given water
while chained up, but no food whatsoever. She was chained to the wall for
five days. At the end of this period she was taped to the stretcher and put
aboard the aircraft, unaware of where she was going or whether her husband
was on board. At one point the aircraft landed, remained on the ground for
a short period and then took off again. Only when it landed a second time
did she hear a man grunting with pain, and realise her husband was nearby.
Belhaj says he had been shackled to the floor of the plane, with his hands
chained to his feet in a manner that made it impossible either to sit or
lie down. Sometimes his grunts would be met with a kick; on other
occasions, he says, a cushion would be placed under his elbows, giving him
temporary respite before it was taken away again.
The plane touched down at Tripoli with its cargo still trussed up; a gift,
apparently, to the regime they had hoped to overthrow. The pair were driven
separately to Tajoura prison, east of the city, and Bouchar was led to a
cell where she would spend the next four months. Initially, she was
interrogated for around five hours a day. "At one point a cot was brought
in the cell along with some baby clothes, nappies, a bed cover and a baby
bath," she says. "I really thought I was going to have to have my baby
there, and that we would both be held there.
Bouchar was released shortly before giving birth to a son, apparently
because word of her husband's capture had reached the outside world. Belhaj
was brought to her cell for a few moments, and then she was set free,
though not permitted to leave the country.
Two weeks after the couple were rendered to Libya, Tony Blair paid his
first visit to the country<http://news.bbc.co.uk/1/hi/uk_politics/3566545.stm>,
embracing Gaddafi and declaring that Libya had recognised "a common cause,
with us, in the fight against al-Qaida extremism and terrorism". At the
same time, in London, the Anglo-Dutch oil giant Shell announced that it had
signed a £110m deal for gas exploration rights off the Libyan coast.
Three days after that, a second leading LIFG member, Abu Munthir al-Saadi,
was bundled aboard a plane in Hong Kong and taken to Tripoli in a joint
British-Libyan rendition operation. Saadi's wife and four children were
also kidnapped and taken to Libya. The youngest was a girl aged
six.<http://www.guardian.co.uk/world/2011/oct/24/britain-family-gaddafi-legal>The
family was incarcerated at Tajoura for more than two months before
being released. Saadi and Belhaj were held for more than six years,
however, and say they were subjected to torture throughout this time.
At one point, they say, early in their incarceration, they were
interrogated by British intelligence officers after being tortured by the
Libyan captors. These visitors wanted to learn more about LIFG members
living in the UK. The two men say their torturers had made clear that their
treatment would
improve<http://www.independent.co.uk/news/world/africa/libyan-rebel-leader-says-mi6-knew-he-was-tortured-2349778.html>if
they told the British that these LIFG activists were linked with
al-Qaida: something that SIAC had ruled, just weeks earlier, was not the
case.
[image: The flight plan for the 2004 rendition operations found in Moussa
Koussa's office] The flight plan for the 2004 rendition operations found in
Moussa Koussa's office.
The role that MI6 played in arranging the rendition of these two Libyan
dissidents and their families is now well known, thanks to a discovery made
last September by Peter Bouckaert, a director with Human
Rights<http://www.guardian.co.uk/law/human-rights>Watch, inside the
abandoned office of Moussa Koussa, Gaddafi's foreign
minister and former intelligence chief. Bouckaert found a file containing
hundreds of secret letters and
faxes<http://www.hrw.org/news/2011/09/08/usuk-documents-reveal-libya-rendition-details>that
MI6 and the CIA had sent to Koussa during the early days of the
rapprochement between Libya and the west. Among them were a series of
documents detailing the 2004 rendition operations.
A close examination of those papers show that a great deal of planning went
into the operations, withMI6 informing Koussa's office as early as November
2003 that they were seeking the assistance of Chinese intelligence
officers<http://gu.com/p/36azy>in their attempt to deal with "the
Islamic extremist target in China". When
MI6 learned that Belhaj was being held in Malaysia under his nom de guerre,
Abdullah al-Sadiq, along with his pregnant wife, they were quick to tip off
Tripoli <http://www.guardian.co.uk/p/36ap7>.
Notoriously, perhaps, one fax from Mark
Allen<http://gu.com/p/36dax#document/p2>,
then head of counter-terrorism at MI6, congratulated Koussa on the "safe
arrival" of Belhaj "the least we could do for you and for Libya" and
referred to an "amusing" request by the CIA that anything the dissident
said under interrogation should be passed first to them.
"I know I did not pay for the air cargo," Allen says: but after all, the
intelligence that led to the couple's rendition was British.
Another fax, sent by the
CIA<http://www.guardian.co.uk/world/interactive/2011/sep/09/libya#document/p6>two
days before Blair's visit, with a cover sheet marked "rendition of Abu
Munthir", shows the US to be eager to join and finance that operation after
learning that MI6 and Gaddafi's government were about to embark upon it.
Also buried away inside the secret document cache is a fax that shows MI6
felt itself not to be bound by the anonymity order imposed after M had been
detained under the Anti-Terrorism, Crime and Security Act in November 2002.
The following January, the intelligence service sent Koussa what it
described as an MI5 "intelligence resumé", detailing M's full name and date
of birth and disclosing that he was an active member of the LIFG. The fax
also listed the Libyan telephone numbers called by M. It was being sent,
MI6 explained, "for research purposes and analysis purposes".
By piecing together records of air traffic control logs and matching them
with a document found in the Tripoli cache, it is possible to trace the
route taken by the aircraft that rendered Bouchar and Belhaj from Bangkok
to Tripoli in March 2004. There are a couple of surprises along the way.
The aircraft was a Boeing 737 with the tail number N313P, operated by a
North Carolina company called Aero Contractors, which has been widely
reported<http://www.law.unc.edu/documents/clinicalprograms/finalrenditionreportweb.pdf>to
be a CIA front.
N313P is now known to have been used in a great many rendition operations:
it was one of the aircraft that carried a shackled and hooded Binyam
Mohamed, for example.
According to the records of the European air traffic management agency,
Eurocontrol, and the Federal Aviation Administration in the US, N313P took
off from Dulles airport in Washington DC at 2.51am on 7 March 2004, landing
at Misrata in Libya shortly after noon local time. When N313P departed from
Misrata, it flew beyond Eurocontrol's area of responsibility, and
disappears, temporarily, from its records.
But a flight plan had been prepared by the CIA the previous day, and faxed
to Libya, where it was found among the secret cache of letters and faxes
recovered from Koussa's office. This document shows that after leaving
Libya, the rendition aircraft planned to stay overnight on the Seychelles
before continuing to Bangkok. It was then due to leave Bangkok on the
evening of 8 March, the date that Bouchar and Belhaj were forced on board
an aircraft.The CIA flight plan <http://gu.com/p/36dvq> shows that the
aircraft was then due to fly to Tripoli via Diego Garcia, where it would
refuel during the early hours of 9 March.
Any evidence that the rendition plane landed on Diego Garcia would be
enormously damaging for the British government. Although the remote coral
atoll in the Indian Ocean is operated as a US military outpost, it is a
British Overseas Territory, and the UK is legally responsible for events
there.
The last Labour government was highly sensitive to reports that Diego
Garcia played a part in the global rendition programme. Both Blair and
Straw insisted on a number of occasions that there was "no evidence" for
this. Those assurances proved to be wrong: in February 2008, amid mounting
evidence that rendition aircraft had landed on the atoll, David Miliband,
one of Straw's successors at the Foreign Office, told the
Commons<http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080221/debtext/80221-0007.htm>that
he was "very sorry indeed" to report that two rendition flights had
refuelled there in 2002.
By way of reassurance, Miliband told MPs that no prisoners had been allowed
to disembark while the aircraft were refuelled, and that "US investigations
show no record of any other rendition through Diego Garcia or any other
overseas territory, or through the UK itself, since then".
*Diego Garcia question*
When the CIA flight plan was recovered from Koussa's office, the Guardian
asked the Foreign Office whether the plane carrying Bouchar and Belhaj had
indeed stopped off on Diego Garcia, despite Miliband's assurances. The
department sought initially to imply that the aircraft had been refused
permission to land, but would not answer the question directly. Asked for a
yes-or-no answer, a spokeswoman declined.
In any case, by the evening of 9 March, N313P had reappeared on the radar
of Eurocontrol. The agency's records show the aircraft landed once more at
Misrata airport: the exact place that the CIA flight plan said it would be.
On board were Bouchar, taped to her stretcher, and Belhaj, still shackled
in an excruciating stress position at the end of their 17 hour flight.
With its prisoners rendered and the Libyan mission accomplished, N313P left
for Palma de Mallorca. Hotel records from the five-star Gran Melia
Victoria, a favoured
destination<http://www.guardian.co.uk/world/2006/oct/26/usa.ciarendition>for
rendition teams, show that the crew of 10 men and three women booked
in
for two nights of rest and recreation.
Curiously, however, when the aircraft left Palma on the evening of 11
March, it did not return to the US. Instead, it flew east to Baghdad. After
less than two hours on the ground in Baghdad, it departed for Kabul. N313P
remained in Kabul for 24 hours, then flew back to Washington via Larnaca on
Cyprus and Shannon on the west coast of Ireland.
The flight to Kabul appears to coincide with another British-initiated
operation, one that saw two more people being subjected to extraordinary
rendition, this time from Iraq to Afghanistan.
Yunus Rahmatullah and Amanatullah Ali were two Pakistani men suspected of
having travelled to Iraq to fight for al-Qaida. MI6 is understood to have
tracked them as they travelled across Iran and into Iraq, and when they
arrived at a house in southern Baghdad, a decision was taken to raid the
building, a mission codenamed Operation Aston.
SAS troopers attacked the house in late February, shooting dead two men and
capturing several others. After the detainees were handed over to the US
military, Rahmatullah and Ali were held at a prison at Baghdad
international airport, according to a British military source. Then they
were flown to Afghanistan and taken to the US-run prison at Bagram, north
of Kabul, a transfer that was in breach of the Geneva conventions. They
remain at Bagram today, despite an attempt to secure the release of
Rahmatullah<http://www.guardian.co.uk/world/2012/feb/23/yunus-rahmatullah-cannot-be-freed-habeas-corpus>by
persuading the appeal court in London to grant a habeas corpus writ.
The SAS troops who took part in Operation Aston were members of a joint
US-UK special forces task force that rounded up large numbers of people in
Iraq<http://www.guardian.co.uk/world/2012/feb/07/iraq-death-secret-detention-camp>,
missions in which the US was, on every other occasion, deemed legally to be
detaining authority. But former members of the taskforce say Operation
Aston was an all-British affair, and they were never sure why.
The Guardian has asked the Foreign Office on several occasions whether
N313P flew Rahmatullah and Ali to Afghanistan, but the department has
always failed to answer.
The following year, 2005, the LIFG was banned in the UK, and a number of
its members, including M, were arrested. The Home Office said it had taken
this step because it had come to the conclusion that the group was "part of
the wider global Islamist extremist movement, as inspired by al-Qaida". To
what extent this assessment drew upon intelligence provided by Gaddafi's
government including statements made by LIFG prisoners under
interrogation remains unclear.
What is becoming clear, however, is that the rendition of Abdel Hakim
Belhaj and Abu Munthir al-Saadi had a number of unintended consequences.
By early 2005, the British government had been forced to conclude that the
capture of the more moderate elements among the LIFG leadership, such as
Belhaj and al-Saadi, had resulted in a power vacuum that was being filled
by men with pan-Islamist ambitions. Among a number of documents found in a
second Tripoli cache, at the British ambassador's abandoned residence, was
a secret 58-page MI5 briefing paper
<http://www.guardian.co.uk/world/2011/oct/24/mi6-libya-rebels-rendition-al-qaida>that
said "the extremists are now in the ascendancy," and that they were
"pushing the group towards a more pan-Islamic agenda inspired by AQ
[al-Qaida]".
The realisation that MI6 had passed M's name and information about his
contacts to Gaddafi's notorious intelligence agencies, despite the
existence of an order seeking to preserve his anonymity, provoked outrage
among lawyers who work within the SIAC system.
There was also dismay at the manner in which the rendition operations were
mounted shortly after SIAC had ruled that there were no links between the
LIFG and al-Qaida. M's lawyer, Gareth Peirce, believes that to be one of
the reasons the two men were taken to Libya. "The UK's complicity in the
renditions of Belhaj and Abu Munthir is sickening," Peirce says. "Their
synchronisation with the obtaining of perceived missing 'intelligence' for
domestic proceedings damns both enterprises equally."
Last December, the attorney general, Dominic Grieve, wrote to the head of
Scotland Yard, Bernard Hogan-Howe, drawing his attention to the two
rendition operations. A few weeks later the Yard announced it was mounting
a criminal investigation, which is continuing.
Meanwhile, no attempt is being made to deny MI6 involvement in the
renditions: instead, well-placed sources say the operations were "ministerially
authorised government
policy"<http://www.guardian.co.uk/world/2012/feb/14/mi6-licence-to-kill-and-torture>.
This has led to
reports<http://www.independent.co.uk/news/uk/crime/police-to-question-jack-straw-over-torture-in-libya-6289041.html>that
police will need to interview Jack Straw.
The Guardian has repeatedly put a number of questions about the renditions
to Straw, asking whether he authorised the operations and, if not, which
minister was responsible; the former foreign secretary has repeatedly
declined to answer.
A further consequence is that lawyers representing the rendition victims
are suing MI6, MI5, the foreign office, and Mark (now Sir Mark) Allen.
Belhaj who was released from prison along with Saadi in 2010 led the
militia that drove Gaddafi's forces out of Tripoli last year, and is now
settled in the city with Bouchar. They embarked on legal
proceedings<http://gu.com/p/36ap9>only after the UK government
declined to offer them an apology.
Bouchar appears to remain deeply traumatised by her abduction and
imprisonment, and that of her husband. "The time around the birth of a
first child should be among the happiest in a couple's lives," she says,
"but it is very difficult for me to look back at that time because I wanted
to die rather than be going through what I did."
Happily, she is now pregnant with the couple's second child.
Asked whether it wished to say anything that would help explain the UK
government's role in the rendition operations, the Foreign Office declined
to comment.
The justice ministry, meanwhile, is pressing ahead with proposed
legislation<http://www.guardian.co.uk/commentisfree/2012/mar/02/justice-and-security-green-paper-silence-in-court>that
would introduce SIAC-style secrecy to any civil trial or inquest in
which a minister has decided that some evidence is too sensitive to be
aired in public.
Bouchar's lawyers condemn not only her mistreatment, but the plans to force
litigation on her behalf into secret court hearing.
Sapna Malik, of the law firm Leigh Day, says: "Fatima's utterly barbaric
treatment, and Britain's role in it, must come under the full scrutiny of
an open court and not be condemned to a secret chamber."
Cori Crider of the legal charity Reprieve, which is also representing her,
added: "It is bad enough that MI6 and the CIA had Abdel Hakim Belhaj
tortured, when his only opponent was Colonel Gaddafi, but it is impossible
to see what they hoped to achieve by kidnapping his pregnant wife, taping
her up and forcing her on a plane back to Libya.
"Instead of saying sorry, the security services are busily trying to shunt
Fatima's case and those like it into secret. Make no mistake: when Ken
Clarke says a 'tiny' category of national security cases will be heard in
closed court, it is Fatima, taped to the stretcher, he and those behind him
have in mind."
[Non-text portions of this message have been removed]
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