Showing posts with label FBI. Show all posts
Showing posts with label FBI. Show all posts

Friday, March 23, 2007

Repeating Our Mistakes in Somalia

I had occasion three days ago to deliver a lecture on Somalia to faculty and students at a small Christian college in North Carolina. The timing couldn't have been better, since recent ugly events in the news served to make my points very clear: (1) the U.S. is making the same mistakes it made in Somalia twelve years ago, when our attempt to be helpful ended in tragedy and humiliation; (2) our efforts this time around have already set back what progress the Somalis themselves had made in overcoming clan enmities and patching their nation back together since we bugged out in 1994; and (3) if we continue to blunder as we have since the first of the year, treating Somalia as a battlefront in our so-called War on Terror, we may well find ourselves sucked back into a problem we can't and don't know how to solve.

In posting my overly long text here, I invite you to browse through it but to pay particular attention to the latter third or so. I hate to claim satisfaction from any supposed "insights," but I believe I've pinpointed some of the reasons why things have turned ugly — and unfriendly toward the U.S. — all over again.


The 2007 Graham A. Barden Lecture
Campbell University — Buies Creek, North Carolina
March 20. 2007
Repeating Our Mistakes in Somalia

I’m pleased to have the opportunity to talk with you this evening about America’s relations with Somalia, a country that’s managed to find its way back into the news headlines recently. Just two weeks ago today, after fifteen years of virtual anarchy, a wobbly “transitional” government was finally installed in the Somali capital, Mogadishu. Curiously, it was put in place by Ethiopian military forces backed by the United States, both countries claiming that Somalia was in danger of falling into the hands of Islamic radicals. And indeed, the Ethiopian invaders had ousted a band of Islamic clerics as they marched into Mogadishu. Shortly afterward, the first elements of an eventual 8,000-man African Union peacekeeping force began arriving from Uganda, empowered by the U.N. Security Council to replace the Ethiopians, train a new national security force, and keep the lid on until the government gets its feet securely planted.

Sounds auspicious, doesn’t it? Some good news at last from Somalia. But whether these latest efforts to resurrect the Somali nation-state will succeed is, to say the very least, uncertain. And what the U.S. should do — or should not do — to move this process along is even more problematic. Personally, I believe we’ve set out on a dangerous path, forgetting lessons we should have learned when our Black Hawk helicopters went down in Mogadishu fourteen years ago. As you’ll see, I think we made matters worse rather than better when we tried to be helpful in Somalia last time, and I’m worried that we’re repeating our mistakes — even compounding them — this time. . . .

As you may be aware, I spent three years in Somalia just before retiring from the foreign service in 1990. Those were fascinating times — challenging, sometimes harrowing, but very satisfying overall, both professionally and personally. But Somalia was no bed of roses. It’s a harsh country, mostly hot, dry, windy and rocky—a lot like the Arizona desert where I grew up. Its people can be harsh too, but you always knew where you stood with them. They’re bold, handsome, proudly independent — and egalitarian, even to a fault. When I traveled around the country — which by the way, I was able to do then, without bodyguards or armed escorts — and stopped to talk to local officials or clan elders, my Somali driver Shariff thought nothing of walking in uninvited, sitting down, and joining in my conversations, often making interesting comments of his own.

If you saw the movie “Black Hawk Down,” you’re likely to have a very different impression of Somalis from mine. But almost all Somalis I met deeply admired America and Americans. Here’s one of my favorite recollections:

• It’s the 4th of July, during our last year in Somalia. Several hundred guests — Somalis from all walks of life, and practically every member of the government — have come to the American embassy to join us celebrating the inauguration of a beautiful new chancery building. The highlight of the ceremony is, believe it or not, a lengthy poem — Somalis take great pride in their rich tradition of oral literature, passed along in the style of Homer from one generation to another. This, however, was to be a brand-new poem, composed for us by one of the country’s rock-star calibre woman poets. It was almost shamefully flattering of America and Americans. It even compared our new hi-tech building, with its bright lights, sparkling windows, shining floors, and blinking electronic systems, to our Apollo moon-landing achievements.

• Picture the scene with me: a clear, star-filled sky in the embassy courtyard, a soft wind blowing off the Indian Ocean, this beautiful young poet, dressed in a flowing red gown that fluttered in the breeze, reciting her extraordinary poem from memory . . . and the crowd roaring its approval at the end of every verse.

So you can imagine how heartbreaking it was for me to see on television, less than three years later, how this very same embassy courtyard had become a scene of devastation and deadly conflict between American soldiers and angry Somali mobs. Shouldn’t my staff and I have seen this coming? Shouldn’t we have prevented it somehow? Well, in fact we did see it coming, and we tried to prevent it. But we were unsuccessful, and I believe I know why.

First, though, let’s recall what happened to turn our relations so bitter:

Just eighteen months after our beautiful embassy ceremony, Somali’s aging dictator, General Mohamed Siad Barre, lost his grip on power and was overthrown, literally dragged from his presidential palace by his own fleeing supporters, after running the country with an iron fist for almost twenty-five years,. The U.S. had been remarkably close to General Siad and his army during the 1980s. My embassy had been in charge of the largest U.S. military aid program in Africa. And in exchange, our armed forces were able to make use of Somali military bases and ports that were important to us for Cold War strategic reasons.

By 1990, however, we could see that Siad Barre’s days were numbered. His government had lost almost all popular support and was steadily rotting from the inside out. His army was unable to suppress the insurgent movements popping up around the country. His brutal treatment of opponents became an embarrassment. We fully expected his regime to collapse, and we had already closed our aid pipeline and sharply reduced our embassy staff. To be brutally frank, with the end of the Cold War, we no longer needed the dictator’s cooperation or access to Somali military facilities. So it made sense to Washington that we distance ourselves from him and hope we could work with his successor, whoever that might be.

And mind you, while these moves President Siad unhappy, they were very popular with the Somali people, who seemed unanimously hopeful that without our support he would fall. What we didn’t anticipate, however, nor I suspect did the Somalis, was how violent and bloody the struggle for power would be when the dictator fell. To be sure, it was a struggle that Siad Barre had largely brought upon himself by playing one clan family against another, but it soon grew into a full-fledged civil war that was not so different from our own. Mogadishu itself was practically destroyed, as rival clan militia sought to take control. Thousands were killed in the crossfire. Hospitals were quickly overwhelmed and medical supplies were soon exhausted. Fighting ravaged the countryside as well, destroying food stocks and decimating herds of livestock. Hundreds of thousands soon faced starvation.

With American encouragement, the U.N. Security Council took steps to curb the fighting, and blue-helmeted peacekeeping forces were flown in, but they were far too few in number to cope with the jealousies and hatreds that had erupted. Before long, television screens in this country became filled with ghastly images of suffering and deprivation.

God bless Americans — those images touched our hearts, and cries arose for our government to “do something” to rescue the starving Somalis. Evidently, the scenes of tragedy even touched the broken heart of poor George Bush—George H. W. Bush, that is—who had just suffered a stinging rebuff by the American people in the 1992 elections. Before leaving office, President Bush launched “Operation Restore Hope”, an unprecedented mercy mission into Somalia led by 30,000 combined U.S. military forces that pushed aside the warring clan militias, broke open the roadblocks they had put up, and cleared the way for relief agency trucks to deliver food, medicine and other supplies to the civil war’s innocent victims.

I had retired and left the government by then, but I was able to return to Mogadishu on the eve of our forces’ arrival, as a consultant to ABC’s “Nightline” news, and to witness their spectacular landing and deployment. Throngs of grateful Somalis danced in the city’s streets and crowded the airport runways to welcome the amazed soldiers. The crowds were so thick, in fact, that crowd control became the troops’ first military challenge. It was one of the proudest moments of my life.

MISTAKE ONE: Trying to “fix” problems we don’t understand

During the next four months, our troops restored a great deal of hope in Somalia. Thousands of weapons were confiscated from fighters. Hundreds of miles of roads were reopened, cleared of mines, and bridges rebuilt by Army engineers. With relief organizations now able to operate in most of the country, medical facilities were reopened and mass starvation was averted. A safe guess is that over a half-million Somali lives were saved. Logically, it was now time for our troops to hand over responsibilities to someone else and come home.
Unfortunately, no one had given much thought to just how or with whom this hand-over would be arranged, in a country with no government at all. The bitter clan rivalries that were at the heart of the civil war had been momentarily swept aside to make way for the relief convoys, but they had certainly not been resolved. Most of us assumed that the U.N. would now take charge, perhaps with a token U.S. military force remaining to back up a refortified U.N. peacekeeping contingent.

However, the new Clinton administration, just then taking office in Washington, rightly suspected it was being handed a hot potato. In its view, Operation Restore Hope amounted to little more than a “band-aid.” Nothing had been done to correct what it perceived to be the “root problems” of clan mistrust and jealousies. With U.S. troops removed, they asked, what was to prevent the conflict from breaking out all over again, with yet another round of misery in its wake?

MISTAKE TWO: Trying to “rescue” Somalia with made-in-USA solutions

After intense behind-the-scenes negotiations, the new Secretary of State, Madelaine Albright, and U.N. Secretary General Boutros Ghali agreed on a plan to return responsibility to the U.N., but also give the United States a major voice in the operation. Instead of merely turning back the clock, the new UN peacekeeping force would be significantly larger, more “robust,” and authorized to use force as needed to impose order. Its commander would be a military officer on loan from the U.S. Navy, Admiral Jonathan Howe; his staff would include military and civilian specialists, mainly from the U.S., whose job would be to coax and prod the Somalis into forming a new democratic national governmental; and his resources would include an American rapid reaction force that would be posted just over the horizon, to be deployed in case matters got out of hand.

MISTAKE THREE: Taking sides in someone else’s dogfight

In fact, matters got out of hand rather quickly after the hand-over, when Pakistani members of the new UN force were sent to take possession of a major weapons cache controlled by General Mohamed Farah Aidiid, the most powerful of the clan warlords in Mogadishu. Gen. Aidiid’s forces objected strenuously, fierce fighting ensued, and some two dozen Pakistani troops (plus an unknown number of Aidiid loyalists) were killed. Admiral Howe was furious, as was Washington, and American troops responded by attacking sites controlled by Aidiid’s followers. One of these was a two-story residence where General Aidiid was believed to be meeting with his lieutenants. U.S. helicopter gunships virtually tore the house apart in two successive waves, the first killing scores of Somali men, and the second, numbers of women and children who had rushed to the scene. Aidiid, however, was not among them. In fact, intelligence later revealed that those present at the meeting were elders of Aidiid’s clan who, ironically, had gathered to discuss ways of restraining their warlord and making peace with the Americans.

MISTAKE FOUR: Applying force when conciliation was needed

Now it was the Somalis who were furious. Admiral Howe placed a sizeable bounty on Aidiid’s head, but it was never collected. Instead, crowds grew increasingly hostile toward foreigners, and incidents involving U.S. troops grew more frequent and intense, culminating in the now-famous “Black Hawk Down” incident that cost the lives of 18 American soldiers and left seventy-three wounded. Upwards of one thousand Somalis were killed in that same battle.
Americans were again horrified by TV images from Somalia, but this time it was by video footage of angry Somali mobs dragging bodies of American soldiers through the streets of Mogadishu. Upset that matters had gotten out of hand and might grow worse, President Clinton immediately ordered a halt to all U.S. military operations against Aidiid and promised to remove all U.S. troops quickly. Five months later, all were gone.

Three lessons we should have learned

Our disastrous experience in Somalia sixteen years ago had serious reverberations on U.S. foreign policy through the rest of the Clinton administration, causing the president to shy away from engaging U.S. troops in Third World conflicts anywhere. Most notably, it discouraged our leadership from becoming involved in the Rwandan genocide that was unfolding just as our troops were returning home from Somalia.

But there were more mundane lessons that we should have drawn from our Somalia experience, lessons that might have prepared us to deal more effectively with future “failed state” crises—lessons that might even have helped if, God forbid, we found ourselves back in Somalia again. Here is my own personal short list:

  1. Don't take sides in someone else’s dogfight. We were even-handed enough when our troops were clearing the way for food convoys. But when we undertook to “level the playing field,” we picked a fight with the bully on the block and made a national hero of him.
  2. Don't try to "rescue" Somalia with made-in-USA solutions. It is not helpful to Somalis when we press them to adopt American-style multiparty elections and free markets. Somalis need to rediscover and update the traditional systems that served them well enough for a thousand years.
  3. Don’t try to solve problems force, when conciliation is called for. Resist the temptation to throw armed "peacekeepers" at every problem. Instead of weapons, offer mediators, conciliators, brokers. Get Somalis talking to each other again, in traditional “palaver” style.
* * * * *
Several months ago, when I first conceived of this little sermonette, I gave it a working title: “Learning from our Mistakes in Somalia” and intended to conclude here. Since then, with the flurry of new activity in Somalia and new headlines about U.S. involvement in the region, my sermon has grown longer (I’m sorry to say), but I’ve come to realize that the Nine-Eleven tragedy in New York had somehow “changed” Somalia, so that — in the eyes of some, anyway — the old lessons no longer apply. Instead, terrorism experts have rediscovered Somalia as a potential hiding place, even a possible training ground for international terrorists. And when it was learned that two or three persons implicated in the 1998 bombings of our embassies in Kenya and Tanzania were reportedly hiding somewhere in Somalia, analysts became more excited than ever: the ungoverned Somali deserts had become the perfect battleground for our War on Terror.

In 2002, the Pentagon became so concerned about Somalia’s potential that it quietly established a small military base in neighboring Djibouti to serve as headquarters for a new Horn of African anti-terror task force. Some 1,500 U.S. civilian and military intelligence personnel are now assigned there, and a new five-year lease just signed will permit expanding the operation to six times its present size.

Among the activities that our personnel in Djibouti conduct “downrange,” as they say, is one that involves helicoptering into Somali villages and offering cash rewards for information on anyone suspected of harboring terrorists or preaching a “radical” brand of Islam. Just imagine the damaging effect this “finger-thy-neighbor” campaign has had on efforts of Somalis themselves to overcome the deep-set suspicions they have of each other — the very “root problem” that was blamed twelve years ago for the country’s civil war. One outstanding Somali peacemaker, a former colleague and friend of mine, was coldly murdered by masked gunmen in front of his wife and family eighteen months ago as a consequence of this project.

Another, even more flagrant example of ignoring the lessons of our past mistakes cropped up in the news just a few months ago:
• A group of determined Islamic clerics in Mogadishu had organized a militia that successfully trounced and ousted the clan warlords who’d been robbing and terrorizing the city’s inhabitants for a decade. Somalis at home and abroad were cautiously applauding these audacious clerics for bringing law and order to the capital city. Then it was learned that the very same ousted warlords had formed a so-called “Alliance for the Restoration of Peace and Counter-Terrorism” and had secured backing from the U.S. Defense department and C.I.A. to retake the city and drive out the clerics’ militia. This unbelievable “alliance” failed in its mission, and the warlords were again sent packing, while the Islamic clerics not only maintained their hold on Mogadishu but began to expand their sphere of influence beyond the capital.

How, I asked myself, could the Pentagon—burned so badly before by taking sides in Somali clan disputes—have repeated their mistake by backing the very warlords who had burned them before? And how had the CIA been conned into joining such a foolish enterprise?

I was still puzzling over this behind-the-scenes foolishness when, just before Christmas, an even bigger bombshell dropped and brought Somalia the front-page news attention I spoke of at the beginning of my talk:
• Somalia’s next-door neighbor and age-old enemy, Ethiopia—with explicit and very public United States approval and support — sent a major combat force across the border into Somalia for the purpose of rescuing a fragile new government that had lately set itself up in the town of Baidoa, close to the Ethiopian border. With the support of U.S. C-130 gunships launched from inside Ethiopia, it took the invading force only three days to blast its way across the country to Mogadishu, chase away the Islamic clerics once again, and plant the new government’s prime minister and his cabinet in their places.

“Wow!” I thought to myself. “Organizing a comic-opera coalition of warlords to track down a few terrorists was one thing; organizing a full-fledged, heavily armed, and distinctly Christian invading force to save Somalia from Muslim radicals was quite another!” Trust me, it immediately brought to mind our disastrous Bay of Pigs invasion of Cuba in 1961.

(Now before I conclude and invite your questions, let me say a brief word about this “transitional” Federal Government that the Ethiopians have just propped up in Mogadishu with our help, because its beginning was hopeful and, if all goes well, it may yet turn out to be a good thing. It was formed two years ago in Nairobi, Kenya by a large congregation of rival Somali warlords, political leaders, and clan elders, after many months of acrimonious bargaining and occasional fist fights. Sponsored by the U.N. and generously supported by the Kenyan government, the birthing process was nothing if not democratic. But the outcome was flawed because those elected to office couldn’t agree on where and how to set up shop in Somalia’s dangerous environment. So it sat for over a year, stymied and powerless, in far-away Nairobi. The U.S. has never recognized this “transitional” government and it appeared to take interest in it only with the rise of the Islamic clerics’ movement in Mogadishu six months ago.)

Which brings us back to the Ethiopian invasion of Somalia in December, which the U.S. supported:
• Once again, the justification was our worldwide “War on Terror” and the supposed threat to American interests posed by the movement’s Islamist “radicals.” This time, however, the devastating firepower of our airborne gunships was aimed directly at Somalis — remnants of the clerics’ rag-tag army that had been outgunned and overwhelmed by the Ethiopian invaders and were overtaken by the C-130 gunships as they fled toward the Kenyan border. Those lucky enough to escape our airborne assault were intercepted and interrogated by Kenyan border police—with the encouragement of officials in our embassy in Nairobi. Most have since been forced back across the border, and many — in violation of international laws protecting refugees — have been turned over to the new government’s police. At least one, as it turns out, a U.S. citizen named Amir Mohamed Meshan, is now imprisoned in Ethiopia.

Not all the clerics’ militant supporters fled, however. During the past four weeks, the newly installed government has faced a storm of opposition from armed insurgents inside Mogadishu itself that even its Ethiopian sponsors have been unable to suppress. And already, the African Union’s peacekeeping forces that are now arriving to replace the Ethiopians have run into armed assaults from followers of the defeated Islamic clerics. Far from pacified by either invaders or peacekeepers, Mogadishu itself—after six months of tranquility under the Islamic clerics—has once again become a battlefield.

What remains to be seen is how invested the United States really is in the outcome of this contest. Enough to send in troops of our own if need be? Is it possible that a growing Iraq-style insurgency — and perhaps another “Black Hawk Down” — could force the international peacekeepers to retreat again from Somalia, just as happened thirteen years ago?

Have we indeed learned any lessons at all from our earlier experience in Somalia? Or has the Nine-eleven tragedy simply erased those lessons from our memory? Right now, I’m not optimistic. But I hope I’m wrong.

Read more!

Thursday, March 22, 2007

McClatchy: "U.S. isn't trying to free American jailed in Ethiopia"

"RENDITIONS"

In another valuable follow-up article today on the disturbing case of Amir Meshal, the American citizen now jailed in Ethiopia on suspicion of terrorism activity, McClatchy Newspapers journalists Shashank Bengali and Jonathan S. Landay reported that Meshal could face the death penalty if found guilty of violating Ethiopia's anti-terrorism laws.

ADDIS ABABA, Ethiopia - The U.S. government will let Ethiopian authorities decide the fate of a 24-year-old American who was held here incommunicado for more than five weeks, the State Department said Thursday.

The Ethiopians haven't told American officials what charges, if any, they plan to bring against Amir Mohamed Meshal of Tinton Falls, N.J., at a hearing to determine whether he can be held as a prisoner of war - or when the hearing will occur.

The FBI has determined that Meshal wasn't a combatant in the recent war in Somalia and broke no U.S. laws. However, he could face life in prison or the death penalty if he's convicted of violating Ethiopia's anti-terrorism laws or taking up arms against Ethiopian forces, . . . . according to Ethiopian lawyers familiar with such cases.

The State Department made clear Wednesday evening that it would allow the Ethiopian legal process to take its course.

"We have asked that his case be handled in a timely and a fair manner in accordance with local laws and procedures," said Gonzalo Gallegos, a State Department spokesman in Washington.

U.S. officials in Addis Ababa had refused to answer a McClatchy Newspapers reporter's questions for several days, but they indicated considerable frustration when they received permission from Washington Thursday evening to describe their dealings with the Ethiopian authorities. U.S. officials gained access to Meshal on Wednesday after three weeks of "trying very hard," a U.S. official said in the Ethiopian capital. "We are still trying to understand the nature of his being held." The official and others spoke on condition of anonymity because of the sensitivity of the case.

Mohamed Meshal, the young man's father, charged the U.S. government with being "very deceitful and untruthful."

"I felt all along that the State Department and the FBI have known my son's whereabouts from day one, and they know he was not accused of any crimes, but handed him over to a third country. He has nothing to do with Ethiopia, and this happened under their supervision," he told McClatchy Newspapers.

Meshal's case has been shrouded in secrecy since he was arrested while fleeing hostilities in Somalia in late January. He's been held incommunicado in Kenya, Somalia and Ethiopia.

Meshal told Kenyan human rights monitors that he was twice driven to a local hotel to be interviewed by the FBI. According to Meshal's father, when the FBI determined that there wasn't sufficient cause to charge Meshal, the State Department told him that Meshal would be sent home. But for reasons that remain unclear, the Kenyan government then deported Meshal and about 80 other people who had sought refuge in Kenya back to war-torn Somalia, from which he and others were then flown to Ethiopia.

State Department, FBI and CIA officials appear to disagree on who was to blame for Meshal's secret deportation. Some U.S. officials blame the CIA for not using its influence to prevent the deportation, which the State Department said it had formally protested. The FBI has disclaimed any responsibility, saying it wanted to continue questioning Meshal in Kenya. Officials in other agencies are pointing the finger at the Justice Department, which directs the FBI.

Meshal has an attorney, a U.S. official in Addis Ababa said, but it's not clear what charges he could face. Ethiopian authorities have said they're holding an unspecified number of prisoners from foreign countries in connection with December's conflict in Somalia, when Ethiopian troops with U.S. support ousted Islamist militias that U.S. officials had linked to al-Qaida.

Meshal was among at least 150 people arrested in Kenya and questioned about possible links to the Islamic Courts movement, which briefly ruled Somalia until it was toppled by the U.S.-backed Ethiopian army. Another American, Daniel Joseph Maldonado, was taken into U.S. custody and charged last month in federal court in Houston with training in al Qaida camps in Somalia.

The embassy official in Ethiopia said of Meshal: "We try to do everything we can to make sure he's OK while in custody, make sure he's in contact with family and has a lawyer."

The difficulty the embassy faced in gaining access to Meshal suggested that Ethiopian authorities were taking his case seriously.

Prime Minister Meles Zenawi's regime has cracked down in recent years on dissidents and rebel groups along its restive eastern border with Somalia and are holding incommunicado Ethiopian rebels who are believed to have fought alongside Somalia's Islamists. The U.S. State Department, in its 2006 human rights report, said prisoners in Ethiopia were at risk of torture and other abuses.

"The government is very tough on matters affecting the security of the state," said Tameru Agegnehu, a longtime judge and now president of the Ethiopian Bar Association. "I don't think they will be lenient on this matter."

Landay reported from Washington.
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McClatchy: "American's rendition may have broken laws"

Reporters for the McClatchy Newspaper chain are probing the arrest of an American citizen, Amir Mohamed Meshan (shown at left), by Kenyan authorities during the US-supported Ethiopian intervention in Somalia and his eventual deportation to Ethiopia and incarceration in Addis Abeba. Meshan was first mentioned in their report published yesterday and posted below. A second report, published today, supplies a photograph of Meshan supplied by his family, along with assurances by unnamed U.S. officials that Meshan was "in good health."

But the latter report also indicated that Meshal might be detained in Ethiopia as a prisoner of war, and it cited the opinion of "several [American] legal experts" that the U.S. may have violated U.S. law as well as international conventions banning torture and protecting refugees who escape to a neighboring country.

To read the entire report click on the headline at the beginning of the post. To read excerpts from today's McClatchy Newspaper report, click on "Read more!" below.

NAIROBI, Kenya - American diplomats on Wednesday paid their first visit to an American who was detained five weeks ago by Ethiopian authorities after a middle-of-the-night secret transfer from Kenya and said he was in good health.

But U.S. officials couldn't secure the release of Amir Mohamed Meshal, 24, of Tinton, Falls, N.J., who was arrested at the Somali-Kenyan border after the U.S.-backed Ethiopian army toppled the Islamist government in Somalia.

Instead, Meshal will appear at an Ethiopian hearing to determine whether he can be detained as a prisoner of war, said a U.S. official, who spoke on condition of anonymity because of the sensitivity of the case.

In Nairobi, U.S. Ambassador Michael Ranneberger praised the deportations of Meshal and some 80 other detainees who were arrested on the Kenyan-Somali border, saying Kenyan officials had complied with their own laws.

Kenyan officials have said the prisoners - including several Kenyans who were living in Somalia - entered Kenya illegally because the border was closed. They said national immigration laws allow for the detainees to be returned to the country they came from.

"The Kenyans have carried out security operations based on their own security interests," Ranneberger said at a news conference. "It's my understanding that the Kenyans have dealt with all of those people in a way consistent with Kenyan law." He refused to say whether Meshal, whose deportation the State Department said it had tried to block, was among those expelled.

But several U.S. legal experts said American officials who questioned Meshal while he was in Kenya may have violated U.S. law as well as international conventions that ban torture and protect refugees who escape to a neighboring country.

"It's a very serious concern," said Jonathan Hafetz of the Brennan Center for Justice at the New York University School of Law. Hafetz is providing legal assistance to Meshal's family in New Jersey.

FBI agents who interviewed Meshal in Nairobi in early February believed he was a "jihadist" who'd trained in al-Qaida camps in Somalia, according to an internal U.S. government e-mail that was read to McClatchy Newspapers by officials at two different U.S. agencies.

But the agents didn't have enough evidence to charge him with a crime if he returned to the United States. They left him in the custody of Kenyan authorities, who secretly deported him to Somalia on Feb. 10.

He was then turned over to Ethiopian forces, which had launched a U.S.-backed offensive to crush the Council of Islamic Courts, a coalition of Somali militias that the Bush administration has accused of being an al-Qaida front.

Hafetz and other international legal experts said that the deportations of Meshal and other detainees to Somalia appear to have broken the Convention Against Torture. The FBI also may have violated Meshal's U.S. constitutional rights, they said.

The Convention Against Torture bars the deportation of people to countries where there are "substantial grounds" to believe they'd be in danger of being tortured or abused.

Ethiopia also has a bleak human rights record; the State Department and human rights organizations have accused the nation of abusing and torturing detainees.

Paul Williams, a former State Department lawyer, said the FBI may have violated Meshal's constitutional right to due process by returning him to Kenyan authorities after twice taking him out of prison and interrogating him at a hotel.

"You can make an argument that . . . he had the right to due process when he was in the physical custody of the FBI," said Williams, who heads the Public International Law and Policy Group, which provides free legal aid to developing nations involved in conflicts. "Your constitutional right to due process travels with you and your citizenship. The moment he was in FBI custody, he had ( U.S.) legal rights and the FBI acted illegally by passing him back to the Kenyans."

Richard Kolko, an FBI spokesman, denied that the FBI ever had custody of Meshal.

"Mr. Meshal was not in FBI custody when interviewed in Kenya, nor are there any outstanding U.S. charges against him," Kolko said. "As such, his situation is in the hands of the foreign government."

Tom Casey, a State Department spokesman, reiterated an earlier statement that Meshal's deportation took U.S. officials by surprise and was contrary to their request that he be released to return home. He said a formal protest was lodged with the Nairobi government.

Another American, Daniel Joseph Maldonado, also was arrested crossing into Kenya from Somalia, but the FBI said he had admitted to being trained at an al-Qaida camp in Somalia, and he was released to U.S. custody, flown back to Texas and accused under U.S. anti-terrorism laws.

Meshal told Kenyan human rights activists who interviewed him in custody and other detainees who since have been freed that the FBI agents threatened to send him back to Somalia if he didn't admit that he was associated with al-Qaida.

Edwin Williams, an attorney in New York who represented detainees held at Guantanamo Bay, Cuba, said that such a threat - if it was made - could be considered a form of torture.
Read more!

Tuesday, March 20, 2007

American is held by Ethiopian forces

According to the McClatchy newspaper chain, Amir Mohamed Meshal, 24, a U.S. citizen who was caught fleeing the fighting in Somalia, was questioned by FBI agents in Kenya about possible links to al-Qaeda, then forced to return to Somalia. There he was handed over to Ethiopian forces and sent to Addis Abeba, the Ethiopian capital, where he is now imprisoned. There, he is being "visited regularly" by FBI agents, according to U.S. officials in Washington.

The full story — extraordinary and unsettling, in my view — can be accessed by clicking on the title, above. As time permits, I'll add some excerpts from the McClatchy report here. Read more!