Extraordinary rendition
Extraordinary rendition is a euphemism for state-sponsored kidnapping in another jurisdiction and transfer to a third state. The phrase usually refers to a United States-led program used during the War on Terror,[1] which had the purpose of circumventing the source country's laws on interrogation, detention, extradition and/or torture. Extraordinary rendition is a type of extraterritorial abduction, but not all extraterritorial abductions include transfer to a third country.
For other uses, see Extraordinary Rendition.
Extraordinary rendition began under the administration of President Bill Clinton and continued under the administration of President George W. Bush. Hundreds of "illegal combatants" were abducted for U.S. detention, and transported detainees to U.S.-controlled sites as part of an extensive interrogation program that included torture.[2] Extraordinary rendition continued under the Obama administration, with targets being interrogated and subsequently taken to the U.S. for trial.[3] A 2018 report by the Intelligence and Security Committee of Parliament found the United Kingdom, specifically MI5 and MI6, to be complicit in many of the renditions carried out by the U.S., by helping to fund them, by supplying intelligence, and by knowingly allowing the abductions to happen.[4]
In July 2014, the European Court of Human Rights condemned the government of Poland for participating in CIA extraordinary rendition, ordering Poland to pay restitution to men who had been abducted, taken to a CIA black site in Poland, and tortured.[5][6][7] Torture is banned under the European Convention on Human Rights, which 46 nations, including Poland, have pledged to uphold.
Definitions[edit]
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.[22]
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.[23][24][25][26] 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.[22] 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.[27]
Historical instances[edit]
Historical cases[edit]
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.[15]
According to Clinton administration official Richard Clarke:
This is a non-exhaustive list of some alleged examples of extraordinary rendition. Most cannot be confirmed.
Other countries[edit]
CIA participating countries[edit]
According to a report by the Open Society Foundations, 54 countries participated at one point or another with the CIA's extraordinary rendition program:[173]