extraordinary rendition

Background

By 2004, critics alleged that torture was used against subjects with the knowledge or acquiescence of the United States, where the transfer of a person for the purpose of torture is unlawful. In addition, some former detainees, such as the Australian citizen Mamdouh Habib, claimed to have been transferred to other countries for interrogation under torture. In December 2005, then Secretary of State Condoleezza Rice insisted:

The United States has not transported anyone, and will not transport anyone, to a country when we believe he will be tortured. Where appropriate, the United States seeks assurances that transferred persons will not be tortured.

Between 2001 and 2005, CIA officers captured an estimated one hundred fifty people and transported them around the world.

Under the Bush administration, rendered persons were reported to have undergone torture by receiving countries. Journalists, civil and constitutional rights groups, and former detainees have alleged that this occurred with the knowledge or cooperation of the administrations of the United States and the United Kingdom.

Such revelations prompted several official investigations into alleged secret detentions and unlawful interstate transfers involving Council of Europe members. A June 2006 report estimated that 100 people had been kidnapped by the CIA on European Union soil with the cooperation of Council of Europe members and rendered to other countries, often after having transited through secret detention centers ("black sites"), some located in Europe. According to the separate European Parliament report of February 2007, the CIA has conducted 1,245 flights, many of them to destinations where suspects could face torture, in violation of Article 3 of the United Nations Convention Against Torture. A large majority of the European Union Parliament endorsed the report's conclusion that many member states tolerated illegal actions by the CIA, criticizing several European governments and intelligence agencies for their unwillingness to cooperate with the investigation.

Within days of his 2009 inauguration, Barack Obama signed an executive order opposing rendition torture and established a task force to provide recommendations about processes to prevent rendition torture. His administration distanced itself from some of the harshest counterterrorism techniques but permitted the practice of rendition to continue, restricting transport of suspects to countries with jurisdiction over them for the purpose of prosecution after diplomatic assurances "that they [would] not be treated inhumanely" had been received.

Definitions

Rendition, in law, is a transfer of persons from one jurisdiction to another, and the act of handing over, both after legal proceedings and according to law. "Extraordinary rendition," however, is a rendition that is extralegal, i.e. outside the law (see: kidnapping). Rendition refers to the transfer; the apprehension, detention, interrogation, and any other practices occurring before and after the movement and exchange of extrajudicial prisoners do not fall into the strict definition of extraordinary rendition. In practice, the term is widely used to describe such practices, particularly the initial apprehension. This latter usage extends to the transfer of suspected terrorists by the US to countries known to torture prisoners or employ harsh interrogation techniques that may rise to the level of torture.

The Bush administration freely admitted to this practice; stating, among other provisions, that they have specifically asked that torture not be used. However, torture can still occur despite these provisions, and much documentation exists alleging that it has happened in many cases. In these instances, the initial captor allows the possibility of torture by releasing the prisoner into the custody of nations that practice torture.

The next distinction of degree is that of intent, where much of the search for evidence continues. It has been alleged that some of those detainees have been tortured with the knowledge, acquiescence, or even participation of US agencies. A transfer of anyone to anywhere for torture would be a violation of US law. New York attorney Marc D. Falkoff stated that such evidence, i.e. transfer for the purposes of torture, was an operational practice. In a court filing, Falkoff described a classified prisoner transfer memo from Guantanamo as noting that information could not be retrieved, as torture could not be used, and recommending that the prisoner be sent to a nation that practiced torture.

Historical instances

Historical cases

The American Civil Liberties Union alleges that extraordinary rendition was developed during the Clinton administration. CIA officials in the mid-1990s were trying to track down and dismantle militant Islamic organizations in the Middle East, particularly Al Qaeda.

According to Clinton administration official Richard Clarke:

'extraordinary renditions', were operations to apprehend terrorists abroad, usually without the knowledge of and almost always without public acknowledgment of the host government ... The first time I proposed a snatch, in 1993, the White House Counsel, Lloyd Cutler, demanded a meeting with the President to explain how it violated international law. Clinton had seemed to be siding with Cutler until Al Gore belatedly joined the meeting, having just flown overnight from South Africa. Clinton recapped the arguments on both sides for Gore: 'Lloyd says this. Dick says that.' Gore laughed and said, 'That's a no-brainer. Of course it's a violation of international law, that's why it's a covert action. The guy is a terrorist. Go grab his ass.'

Both the Bush and Clinton cases involved apprehending known terrorists abroad, by covert means if necessary. The Bush administration expanded the policy after the 9/11 attacks.

In a New Yorker interview with CIA veteran Michael Scheuer, an author of the rendition program under the Clinton administration, writer Jane Mayer noted:

In 1995, American agents proposed the rendition program to Egypt, making clear that it had the resources to track, capture, and transport terrorist suspects globally – including access to a small fleet of aircraft. Egypt embraced the idea ... 'What was clever was that some of the senior people in Al Qaeda were Egyptian,' Scheuer said. 'It served American purposes to get these people arrested, and Egyptian purposes to get these people back, where they could be interrogated.' Technically, U.S. law requires the CIA to seek 'assurances' from foreign governments that rendered suspects won't be tortured. Scheuer told me that this was done, but he was 'not sure' if any documents confirming the arrangement were signed.

Scheuer testified in 2007 before Congress that no such assurances were received. He acknowledged that treatment of prisoners may not have been "up to U.S. standards":

20th century

The CIA was granted permission to use rendition of indicted terrorists to American soil in a 1995 presidential directive signed by President Bill Clinton, following a procedure established by George H. W. Bush in January 1993.

The United States has since increasingly used rendition as a tool in the "war on terror", ignoring the normal extradition processes outlined in international law. Suspects taken into United States custody are delivered to third-party states, often without ever having been on United States soil, and without involving the rendering countries.

Critics have accused the CIA of employing rendition for the purpose of circumventing American laws mandating due process and prohibiting torture, labeling the practice "torture flights". Sociological comparisons have been drawn between extraordinary rendition and the death flights implemented, most notably, by Argentina during the 1960s and 1970s. Defenders of the practice argue that culturally informed and native-language interrogations are more successful in gaining information from suspects.

Hundreds of documents retrieved from Libyan foreign ministry offices in Tripoli following the 2011 Libyan civil war show that the CIA and MI6 rendered suspects to Libyan authorities knowing they would be tortured.

In a number of cases, such as those of Khalid El-Masri and Maher Arar, suspects caught up in the procedure suffered lengthy detentions, despite ultimately being found innocent. The CIA reportedly launched an investigation into such incidents of "erroneous rendition".

21st century

Following the 11 September 2001 attacks the United States, in particular the CIA, has been accused of rendering hundreds of people suspected by the government of being terrorists—or of aiding and abetting terrorist organizations—to third-party states such as Egypt, Jordan, Morocco, and Uzbekistan. Such "ghost detainees" are kept outside judicial oversight, often without ever entering US territory, and may or may not ultimately be transferred to the custody of the United States.

According to a 4 December 2005 article in The Washington Post by Dana Priest:

Members of the Rendition Group follow a simple but standard procedure: Dressed head to toe in black, including masks, they blindfold and cut the clothes off their new captives, then administer an enema and sleeping drugs. They outfit detainees in a diaper and jumpsuit for what can be a day-long trip. Their destinations: either a detention facility operated by cooperative countries in the Middle East and Central Asia, including Afghanistan, or one of the CIA's own covert prisons—referred to in classified documents as "black sites", which at various times have been operated in eight countries, including several in Eastern Europe.

Following mounting scrutiny in Europe, including investigations held by the Swiss State Councillor Dick Marty who released a public report in June 2006, the US Senate, in December 2005, was about to approve a measure that would include amendments requiring the director of national intelligence to provide regular, detailed updates about secret detention facilities maintained by the United States overseas, and to account for the treatment and condition of each prisoner.

Reported methods

Media reports describe suspects as being arrested, blindfolded, shackled, and sedated, or otherwise kidnapped, and transported by private jet or other means to the destination country. The reports also say that the rendering countries have provided interrogators with lists of questions. Detainees, referred to as enemy combatants by the US administration, were commonly hooded and tethered to the floor of cargo planes during flights. As their movement was restricted by shackles they were required to wear diapers during the entire duration of flights.

Airline flights

On 4 October 2001, a secret arrangement was made in Brussels by all members of NATO. Lord George Robertson, British defense secretary and later NATO's secretary-general, would later explain NATO members agreed to provide "blanket overflight clearances for the United States and other allies' aircraft for military flights related to operations against terrorism."

On 23 October 2006, the New Yorker reported that Jeppesen, a subsidiary of Boeing, handled the logistical planning for the CIA's extraordinary rendition flights. The allegation is based on information from an ex-employee who quoted Bob Overby, managing director of the company as saying "We do all of the extraordinary rendition flights—you know, the torture flights. Let's face it, some of these flights end up that way. It certainly pays well." The article went on to suggest that this may make Jeppesen a potential defendant in a lawsuit by Khaled El-Masri. Jeppesen was named as a defendant in a lawsuit filed by the ACLU on 30 May 2007, on behalf of several other individuals who were allegedly subject to extraordinary rendition.

The suit was dismissed on 8 September 2010 by a federal appeals court because "going forward would reveal state secrets".

Black sites

In 2005, The Washington Post and Human Rights Watch (HRW) published revelations concerning CIA flights and "black sites", covert prisons operated by the CIA and whose existence is denied by the US government. The European Parliament published a report in February 2007 concerning the use of such secret detention centers and extraordinary rendition (See below). These detention centers violate the European Convention on Human Rights (ECHR) and the UN Convention Against Torture, treaties that all EU member states are bound to follow.

According to ABC News two such facilities, in countries mentioned by Human Rights Watch, have been closed following the publicity. CIA officers say the captives were relocated to the North African desert. All but one of these 11 high-value al Qaeda prisoners were subjected to torture by the CIA, sometimes referred to as "enhanced interrogation techniques" authorized for use by about 14 CIA officers.

In January 2005, Swiss senator Dick Marty, representative at the Council of Europe in charge of the European investigations, concluded that 100 people had been kidnapped by the CIA in Europe—thus qualifying as ghost detainees—and then rendered to a country where they may have been tortured. Marty qualified the sequestration of Hassan Mustafa Osama Nasr (aka "Abu Omar") in Milan in February 2003 as a "perfect example of extraordinary rendition." (See below: Council of Europe investigation and its two reports)

The Guardian reported on 5 December 2005, that the government of the United Kingdom is "guilty of breaking international law if it knowingly allowed secret CIA "rendition" flights of terror suspects to land at UK airports, according to a report by American legal scholars."

According to Raw Story, the Polish site identified by reporter Larisa Alexandrovna Horton and Polish intelligence officer David Dastych is Stare Kiejkuty. In response to these allegations, former Polish intelligence chief, Zbigniew Siemiatkowski, embarked on a media blitz and claimed that the allegations made by Alexandrovna and Dastych were "... part of the domestic political battle in the US over who is to succeed current Republican President George W Bush," according to the German news agency Deutsche Presse Agentur."

The United States has also been accused of operating "floating prisons" to house and transport those arrested in its War on Terror, according to human rights lawyers. They have claimed that the US has tried to conceal the numbers and whereabouts of detainees. Although no credible information to support these assertions has ever come to light, the alleged justification for prison ships is primarily to remove the ability for jihadists to target a fixed location to facilitate the escape of high value targets, commanders, operations chiefs etc.

Example cases

Khaled Masri case

Khalid El-Masri (born 1963) is a German citizen who was mistakenly abducted by the Macedonian police, and handed over to the U.S. CIA. While in CIA custody, he was flown to Afghanistan, where he was allegedly held in a black site, interrogated, beaten, strip-searched, sodomized, and subjected to other inhuman and degrading treatment, which at times escalated to torture, though none of those claims can be verified. After El-Masri held hunger strikes, and was detained for four months in the "Salt Pit", the CIA finally admitted his arrest was a mistake and released him. He is believed to be among an estimated 3,000 detainees, including several key leaders of al Qaeda, whom the CIA captured from 2001 to 2005, in its campaign to dismantle terrorist networks.

Abu Omar case

In 2003, Hassan Mustafa Osama Nasr (aka "Abu Omar") was kidnapped by the CIA in Milan (Italy), and deported to Egypt, where he was interrogated by the State Security Investigations Service. His case has been characterized by the Swiss senator Dick Marty as a "perfect example of extraordinary rendition". Abu Omar was kidnapped as he walked to his mosque in Milan for noon prayers. He was transported on a Learjet (using the call sign SPAR 92) to Ramstein, Germany. SPAR (Special Air Resources) is the call sign used by US senior military officers and civilian VIPs for airlift transport. A second plane took him to Cairo, where he was imprisoned and, he claims, tortured.

In 2005, the Italian judge Guido Salvini issued a warrant for the arrest of 13 persons said to be agents or operatives of the CIA in association with Nasr's kidnapping. In December 2005, an Italian court issued a European arrest warrant against 22 CIA agents suspected of this kidnapping (including Robert Seldon Lady, Eliana Castaldo, Lt. Col. Joseph L. Romano, III, etc.). The CIA has not commented on the case, while Berlusconi's government has denied any knowledge of a kidnapping plot. Just after the 2006 Italian general elections, Roberto Castelli (Lega Nord), outgoing Justice Minister, declared to Italian prosecutors that he had not passed the extradition request to the US.

In 2005, The Washington Post reported Italian court documents which showed that the CIA tried to mislead Italian anti-terrorism police who were looking for the cleric at the time. Robert S. Lady, the CIA's substation chief in Milan, has been implicated in the abduction. In a written opinion upholding the arrest warrant, judge Enrico Manzi wrote that the evidence taken from Lady's home "removes any doubt about his participation in the preparatory phase of the abduction." Lady, however, alleged that the evidence had been gathered illegally, and has denied involvement in the abduction. Photos of Robert (Bob) Lady and other defendants surfaced on the Web.

Marco Mancini, the SISMI director of anti-terrorism and counterespionage, and Gustavo Pignero, the department's director in 2003, have been arrested on charges of complicity in a kidnapping, with the aggravating circumstances of abuse of power. Italian judges have issued 26 EU arrest warrants for U.S. citizens in connection with this event. A judge also issued arrest warrants for four Americans, three CIA agents and an Air Force officer who commanded the security forces at Aviano Air Base at the time of the abduction.

Majid Mahmud Abdu Ahmad case

A story in the Los Angeles Times in 2005 seems to corroborate the claims of "torture by proxy." It mentions the attorneys for Majid Mahmud Abdu Ahmad, a detainee held by the Pentagon at Guantanamo Bay, filed a petition to prevent his being transferred to foreign countries. According to the petition's description of a redacted classified Defense Department memo from 2004, its contents say "officials suggested sending Ahmad to an unspecified foreign country that employed torture in order to increase chances of extracting information from him."

Mr Falkoff, representing Ahmad, continued: "There is only one meaning that can be gleaned from this short passage," the petition says. "The government believes that Mr. Ahmad has information that it wants but that it cannot extract without torturing him." The petition goes on to say that because torture is not allowed at Guantanamo, "the recommendation is that Mr. Ahmad should be sent to another country where he can be interrogated under torture."

In a report, regarding the allegations of CIA flights, on 13 December 2005, the rapporteur and Chair of the Parliamentary Assembly of the Council of Europe's Committee on Legal Affairs and Human Rights, Swiss councillor Dick Marty, concluded: "The elements we have gathered so far tend to reinforce the credibility of the allegations concerning the transport and temporary detention of detainees—outside all judicial procedure—in European countries."

In a press conference in January 2006, he stated "he was personally convinced the US had undertaken illegal activities in Europe in transporting and detaining prisoners."

Muhammad Bashmila case

Muhammad Bashmila, a former secret prisoner, now free in Yemen, gave an interview to the BBC Newsnight programme, where he spoke of being transferred from Afghanistan to a detention center where it was cold, where the food appeared European and where evening prayers were held. Somewhere in Eastern Europe is suspected. This claim cannot be confirmed.

Maher Arar case

Maher Arar, a Syrian-born dual Syrian and Canadian citizen, was detained at Kennedy International Airport on 26 September 2002, by US Immigration and Naturalization Service officials. He was heading home to Canada after a family holiday in Tunisia. After almost two weeks, enduring hours of interrogation chained, he was sent, shackled and bound, in a private jet to Jordan and then Syria, instead of being deported to Canada. There, he was interrogated and tortured by Syrian intelligence. Maher Arar was eventually released a year later. He told the BBC that he was repeatedly tortured during 10 months' detention in Syria—often whipped on the palms of his hands with metal cables. Syrian intelligence officers forced him to sign a confession linking him to Al Qaeda.

He was finally released following intervention by the Canadian government. The Canadian government lodged an official complaint with the US government protesting Arar's deportation. On 18 September 2006, a Canadian public enquiry presented its findings, entirely clearing Arar of any terrorist activities. In 2004 Arar filed a lawsuit in a federal court in New York against senior U.S. officials, on charges that whoever sent him to Syria knew he would be tortured by intelligence agents. US Attorney General John Ashcroft, Homeland Security Secretary Tom Ridge and FBI Director Robert Mueller were all named in the lawsuit. In 2009, a U.S. federal appeals court ruled that U.S. law did not allow victims of extraordinary rendition to sue U.S. officials for torture suffered overseas.

In 2006, Arar received the Letelier-Moffitt Human Rights Award from the Institute for Policy Studies for his ordeal. In 2007, Maher Arar received a public apology from the U.S. House of Representatives. U.S. representative Dana Rohrabacher, who apologized, stated that he would fight any efforts to end the practice.

In 2007, Arar was awarded $10.5 million in compensation from the Canadian government for pain and suffering in his ordeal and a formal apology from Prime Minister Stephen Harper.

Other cases

This is a non-exhaustive list of some alleged examples of extraordinary rendition. Most cannot be confirmed.

A Pakistani newspaper reported that in the early hours of 23 October 2001 a Yemeni citizen, Jamil Qasim Saeed Mohammed, a 27-year-old microbiology student at Karachi University, was spirited aboard a private plane at Karachi's airport by Pakistani security officers.

In October 2001, Mamdouh Habib, who lives in Australia and has both Australian and Egyptian nationality (having been born in Egypt), was detained in Pakistan, where he was interrogated for three weeks, and then flown to Egypt in a private plane. From Egypt, he was later flown to a US airbase in Afghanistan. He told the BBC that he did not know who had held him, but had seen Americans, Australians, Pakistanis, and Egyptians among his captors. He also said that he had been beaten, given electric shocks, deprived of sleep, blindfolded for eight months and brainwashed. After signing confessions of involvement with al-Qaeda, which he has now retracted, Mr Habib was transferred to Guantanamo Bay. He was released without charge in January 2005. Former Pakistani interior minister Makhdoom Syed Faisal Saleh Hayat told in an interview by the Australian current affairs programme Dateline that Mr Habib was linked with the "terrorist element" operating at that time. However, he contradicted himself a few minutes later, in the same interview, saying that Habib had been assumed guilty because he was in the restricted province of Baluchistan without proper visa documents.

In late 2001 Saddiq Ahmad Turkistani was freed by US forces from a Taliban prison in Kandahar, Afghanistan. At a news conference, he told reporters and U.S. officials he had been wrongly imprisoned for allegedly plotting to kill Osama bin Laden. He was then taken to a U.S. military base in Afghanistan, where he was stripped, bound and thrown behind bars. According to U.S. lawyers who represent him, in January 2002 he was sent to the U.S. detention facility at Guantanamo Bay, Cuba. Nearly four years later, Turkistani remained there, despite being cleared for release early 2005 after a government review concluded he is "no longer an enemy combatant." It is unclear exactly when that determination was made, but Justice Department lawyers gave notice of it in an 11 October court filing. According to a 26 June 2006 press release from the Saudi Arabian embassy, Turkistani was released from Guantanamo to Saudi custody.

Investigations

Investigations by multi-nation groups

On 25 November 2005, the lead investigator for the Council of Europe, Swiss lawmaker Dick Marty announced that he had obtained latitude and longitude coordinates for suspected black sites, and he was planning to use satellite imagery over the last several years as part of his investigation. On 28 November 2005, EU Justice Commissioner Franco Frattini asserted that any EU country which had operated a secret prison would have its voting rights suspended. In a preliminary report, Dick Marty declared that it was "doubtful that European governments, or at least their intelligence services, were unaware" of the CIA kidnapping of a "hundred" persons on European territory and their subsequent rendition to countries where they may be tortured.

The report from the Committee on Legal Affairs and Human Rights of the Council of Europe directed by Dick Marty, and made public on 7 June 2006, was titled: "Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states."

Following the publication of this report, the Council of Europe published its draft Recommendation and Resolution document which

found grounds for concern with the conduct of both the US and member states of the EU and expresses concern for the disregard of international law and the Geneva Convention. Following a 23-point resolution the document makes five recommendations.

1 refers to its Resolution on alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states.

2 recalling its previous recommendation on the legality of the detention of persons by the United States in Guantanamo Bay

3 urges the Committee of Ministers to draft a recommendation to Council of Europe member States containing:

common measures to guarantee more effectively the human rights of persons suspected of terrorist offences who are captured from, detained in or transported through Council of Europe member States; and a set of minimum requirements for "human rights protection clauses", for inclusion in bilateral and multilateral agreements with third parties, especially those concerning the use of military installations on the territory of Council of Europe member States.

Investigations by NGOs

The World Policy Council, headed by Ambassador Horace Dawson and Senator Edward Brooke, criticized the Bush administration in the area of civil and human rights for its policy on extraordinary rendition. The council concluded in its report that extraordinary rendition

Investigations by national governments

The French district attorney of Bobigny opened up an instruction (an investigation) in order "to verify the presence in Le Bourget Airport, on 20 July 2005, of the plane numbered N50BH." This instruction was opened following a complaint deposed in December 2005 by the Ligue des droits de l'homme (LDH) NGO ("Human Rights League") and the International Federation of Human Rights Leagues (FIDH) NGO on charges of "arbitrary detention", "crime of torture" and "non-respect of the rights of war prisoners". It has as objective to determine if the plane was used to transport CIA prisoners to Guantanamo Bay detainment camp and if the French authorities had knowledge of this stop. However, the lawyer defending the LDH declared that he was surprised that the instruction was only opened on 20 January 2006, and that no verifications had been done before.

On 2 December 2005, conservative newspaper Le Figaro had revealed the existence of two CIA planes that had landed in France, suspected of transporting CIA prisoners. But the instruction concerned only N50BH, which was a Gulfstream III, which would have landed at Le Bourget on 20 July 2005, coming from Oslo, Norway. The other aircraft is suspected to have landed in Brest on 31 March 2002. It was investigated by the Canadian authorities, as it would have been flying from St. John's, Newfoundland and Labrador in Canada, via Keflavík in Iceland before going to Turkey.

Business daily Handelsblatt reported 24 November 2005, that the CIA used an American military base in Germany to transport terrorism suspects without informing the German government. The Berliner Zeitung reported the following day there was documentation of 85 takeoffs and landings by planes with a "high probability" of being operated by the CIA, at Ramstein, the Rhein-Main Air Base and others. The newspaper cited experts and "plane-spotters" who observed the planes as responsible for the tally.

In January 2007, the German government indicted 13 alleged CIA operatives for the abduction in Macedonia, transport to Afghanistan, and torture of Khaled el-Masri, a German citizen mistakenly believed to be a terrorist. Spanish authorities identified the suspected CIA abduction team from hotel records after a stopover by their Boeing 737 in Palma de Mallorca. Names of the alleged occupants of the rendition aircraft were James Fairing, Jason Franklin, Michael Grady, Lyle Edgard Lumsden III, Eric Fain, Bryam Charles, Kirk James Bird, Walter Richard Gressbore, Patricia Rilroy, Jane Payne, James O'Hale, John Decker, and Hector Lorenzo.

"Erroneous rendition"

An article published on 5 December 2005, The Washington Post reported that the CIA's Inspector General was investigating what it calls erroneous renditions. The term appears to refer to cases in which innocent people were subjected to extraordinary rendition.

Khalid El-Masri is the most well-known person who is believed to have been subjected to the process of "extraordinary rendition", as a result of mistaken identity. Laid Saidi, an Algerian detained and tortured along with El-Masri, was apprehended apparently because of a taped telephone conversation in which the word tirat, meaning "tires" in Arabic, was mistaken for the word tairat, meaning "airplanes".

The Post's anonymous sources say that the Inspector General is looking into a number of similar cases—possibly as many as thirty innocent men who were captured and transported through what has been called "erroneous renditions".

A 27 December 2005 story quotes anonymous CIA insiders claiming there have been 10 or fewer such erroneous renditions.

It names the CIA's inspector general, John Helgerson, as the official responsible for the inquiry.

The AP story quotes Tom Malinowski, Washington office director of Human Rights Watch who said:

I am glad the CIA is investigating the cases that they are aware of, but by definition you are not going to be aware of all such cases, when you have a process designed to avoid judicial safeguards.

Obama Executive Order on rendition

Two days after President Barack Obama was sworn into office, on 22 January 2009, he signed an executive order entitled "Ensuring Lawful Interrogations". Overall, the executive order calls for more oversight of interrogation by third parties, but does not end extraordinary rendition. The section of the Executive Order relating to extraordinary rendition provides as follows:

(e) Mission. The mission of the Special Task Force shall be:

(i) to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and

(ii) to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.

(f) Administration. The Special Task Force shall be established for administrative purposes within the Department of Justice and the Department of Justice shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative support and funding for the Special Task Force.

(g) Recommendations. The Special Task Force shall provide a report to the President, through the Assistant to the President for National Security Affairs and the Counsel to the President, on the matters set forth in subsection (d) within 180 days of the date of this order, unless the Chair determines that an extension is necessary.

(h) Termination. The Chair shall terminate the Special Task Force upon the completion of its duties.

Other countries

CIA participating countries

According to a report by the Open Society Foundations, 54 countries participated at one point or another with the CIA's extraordinary rendition program: