CommunityFDL Main Blog

Investigating an Embarrassment: More Questions on Al-Libi’s Torture, Death

The news of the death by possible suicide of former CIA "ghost prisoner", Ali Mohamed al-Fakheri, also known as Ibn al-Sheikh al-Libi, has caused only a small murmur in the U.S. press. The Washington Post’s Peter Finn wrote a story on it Monday, noting the key fact that it was the tortured confession of al-Libi in an Egyptian prison, where he had been rendered by the U.S. and subjected to beatings and mock burial, that was used by then-Secretary of State Colin Powell in his February 2003 presentation to the UN as evidence that Iraq was in league with the Al Qaeda terrorists and/or interested in using WMD.

Bmaz made this point the other night when writing on the initial reports of al-Libi’s death. Marcy Wheeler, in a new article, notes some suspicious matters concerning the timing of the events. The newly breaking story has also now been picked up by McClatchy (H/T Perris). Both Marcy and the McClatchy article note the "relentless pressure" put on interrogators to find some link between Al Qaeda and Saddam.

Powell’s claims that Al Qaeda had been trained in chemical and biological weaponry by Saddam Hussein’s regime was a key element of the U.S. drive to invade and occupy Iraq. But al-Libi recanted this story in January 2004. According to the Washington Post, the Defense Intelligence Agency and some CIA analysts weren’t apparently convinced. The fact he lied "to avoid torture" was verified by "a bipartisan report of the Senate Select Committee on Intelligence," according to a press release Monday on Al-Libi’s death by Human Rights Watch (HRW).

HRW’s press release was notable for another reason, as they reported that they had seen al-Libi alive on April 27 at Abu Salim prison in Tripoli, Libya, where they had gone to conduct a fact-finding mission. While al-Libi was uncooperative, HRW did end up speaking to "four other Libyan prisoners whom the CIA had sent to Libya under the rendition process in 2004 to 2006. The men claimed that before they were sent to Libya, US forces had tortured them in detention centers in Afghanistan, and supervised their torture in Pakistan and Thailand."

From HRW’s press release:

As part of their investigation, the Libyan authorities should reveal what they know about al-Libi’s treatment in US and Egyptian custody, Human Rights Watch said.

“The death of Ibn al-Sheikh al-Libi means that the world will never hear his account of the brutal torture he experienced,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “So now it is up to Libya and the United States to reveal the full story of what they know, including its impact on his mental health.”

Al-Libi was returned from US custody to Libya in late 2005 or early 2006 and was detained at Abu Salim prison. The Abu Salim prison authorities told Human Rights Watch in April 2009 that he had been sentenced to life imprisonment by the State Security Court, a court whose trial proceedings fail to conform to international fair trial standards.

Human Rights Watch briefly met with al-Libi on April 27 during a research mission to Libya. He refused to be interviewed, and would say nothing more than: “Where were you when I was being tortured in American jails.” Human Rights Watch has strongly condemned the CIA’s detention program and documented how detainees in CIA custody were abused, but, like other human rights groups, was never granted access to prisoners in CIA custody.

The Libyan newspaper Oea first reported al-Libi’s death on May 10, saying that he had committed suicide and that an investigation had been initiated by the General Prosecutor’s Office. The Libyan authorities have not yet made an official statement on the matter.

Human Rights Watch pointed out that the closed nature of prisons means that all prisoner deaths warrant investigation, but that given the special nature of al-Libi’s case, his death merits special scrutiny.

“The Libyan authorities should authorize an investigation into al-Libi’s death that is transparent, thorough, and impartial,” Whitson said.

Al-Libi’s comment about being "tortured in American jails" was described somewhat differently to me in an email from HRW’s Tom Malinowski Monday morning, who wrote that al-Libi told HRW personnel, "where were you when the Americans were torturing me in Gtmo"? The Guantanamo connection is an intriguing one, as human rights workers and journalists are trying to put together an understanding of what actually has occurred at that benighted facility.

As al-Libi was moved from place to place as a ghost prisoner in the CIA’s secret prison system, did he spend some time at Guantanamo? A short story on al-Libi’s death at UPI doesn’t mention it. However, in a story in Monday’s UK Telegraph, it’s reported the former leader of the Al Khaldan training camp in Afghanistan was "was captured in Pakistan in early 2002 and sent first to Kanadahar in Afghanistan, then to the USS Bataan and finally to Guantanamo Bay, before he was sent to Egypt for further interrogation."

Malinowski told the Washington Post why he thought al-Libi was not sent with Khalid Shaikh Mohammed and the other "high-value detainees" from CIA prisons to Guantanamo in 2006:

"I would speculate that he was missing because he was such an embarrassment to the Bush administration," said Tom Malinowski, the head of the Washington office of Human Rights Watch. "He was Exhibit A in the narrative that tortured confessions contributed to the massive intelligence failure that preceded the Iraq war."

The UK Telegraph article also reveals al-Libi "had been in contact with the legal charity Reprieve."

Clive Stafford Smith from Reprieve, said: "We are told that al Libi committed suicide in his Libyan prison. If this is true it would be because of his torture and abuse, if false, it may reflect a desire to silence one of the greatest embarrassments of the Bush Administration.

"Reprieve has been exploring tentative contacts with al Libi, and his death may have been a result of the pressure to allow him to speak openly about his torture."

There’s much more that can be written and/or asked about the al-Libi situation. Andy Worthington has been following the story, and has an updated post at his blog:

Few in the West will mourn al-Libi’s death in a Libyan prison, although legitimate questions may well be raised about whether he died, as the Libyan authorities stated, by committing suicide, or whether he was, in fact, murdered by Colonel Gaddafi’s regime…. after seven years of torture in Jordan, Egypt and Libya, and in CIA prisons in Afghanistan and Poland, which seems, in the end, to have produced no intelligence of any value whatsoever, I can only wonder what genuinely useful information he might have provided had the FBI, which was initially involved in his questioning, been allowed to continue interrogating him without the use of torture.

Cageprisoners also released a press release Monday questioning the story around al-Libi’s death, and, like HRW, calling for an investigation of the circumstances:

Cageprisoners questions a disturbing report, as yet unconfirmed, that Ali Mohamed Al-Fakheri, otherwise known as Ibn al-Sheikh al-Libi, committed ‘suicide’ while detained in a Libyan prison. No further details have been revealed although it is known that Al-Libi was extremely ill and suffering from tuberculosis and diabetes and had endured torture in the year that he was detained as part of the ‘High Value Detainee Program.’

Ibn al-Sheikh al-Libi had never been charged with a crime by the US and was summarily sentenced to life imprisonment in Libya. Given the well-documented abuse of prisoners in Libya, it is highly probable that his abuse would have continued during his proxy detention.

Cageprisoners demands that the US and Libyan authorities disclose full details of his detention and the circumstances of his suspicious death.

Cageprisoners’ Director and former Guantanamo detainee, Moazzam Begg, said:

“The case of Ibn al-Sheikh al-Libi – the man whose tortured testimony was used to justify a war that cost the lives of tens of thousands of people and, ironically, indirectly led to the pre-trial detention of thousands more – should serve as a stark reminder of what happens when torture is applied to gain information. President Obama has recently granted immunity to CIA agents who may well have been involved in Al-Libi’s interrogation and torture. If the desire to get at what went wrong is so blatantly covered up under colour of incongruous ‘national security concerns’ there will be no end to this. And once again, the warmongers will get away with another odious and criminal cover-up."

Given the role of the torture and "confession" of Ibn al-Sheikh al-Libi in the run-up to and U.S. rationale for its invasion of Iraq, al-Libi is not just another "ghost prisoner", good for reporting by human rights blogs and ignored by all but a few of the media. By virtue of how he was used and abused, by the role given to him in the drive to execute the Iraq War — and by how he died — al-Libi is a pivotal figure in modern U.S. history.

I believe the International Committee of the Red Cross should initiate their own investigation into the death of al-Libi, under their mandate to investigate conditions in prisons around the world, and given al-Libi’s status as one of the "high-value" prisoners in CIA prisons, which has been a previous source of ICRC investigation. I don’t trust the U.S. or Libyan authorities to organize or run a fair investigation.

Something about al-Libi’s death, especially after tentative contacts with two human rights agencies, seems very fishy, especially when one considers the mystery of his presence or non-presence at Guantanamo at some time in the past. We need to find out more, not just to render justice regarding Mr. al-Libi, but so we can know our own history, and make accountable those who ill-served this country by executing a lawless policy of kidnapping, torture and murder.

Previous post

Dem Senators Won't Stand up to Corrupt Baucus

Next post

McCain's Tortured Briefing Memory

Jeff Kaye

Jeff Kaye

Jeffrey Kaye is a retired psychologist who has worked professionally with torture victims and asylum applicants. Active in the anti-torture movement since 2006, he has his own blog, Invictus, previously wrote regularly for Firedoglake’s The Dissenter, as well as at The Guardian, Truthout, Alternet, and The Public Record. He is the author of Cover-Up at Guantanamo, a new book examining declassified files on treatment of prisoners at the Guantanamo detention camp.