NC Torture Report

End Notes

CHAPTER 1 : THE U.S. GOVERNMENT’S RENDITION, DETENTION, AND INTERROGATION (RDI) Program

¹⁰⁰ Senate Select Committee on Intelligence, Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program 11 [also “Senate Report”] (citing “DTS #2002-0371, [4]”), https://fas.org/irp/congress/2014_rpt/ssci-rdi.pdf updated for release in 2014.

¹⁰¹ 101Dana Priest, Jet is an Open Secret in Terror War, Wash. Post, Dec. 27, 2004, at A01.

¹⁰² Exec. Order 13,491, 3 C.F.R. 199 (2010).

¹⁰³ Human Rights Watch, Questions and Answers: U.S. Detainees Disappeared into Secret Prisons: Illegal Under Domestic and International Law (Dec. 9, 2005), https://www.hrw.org/legacy/backgrounder/usa/us1205/index.htm.

¹⁰⁴ See, e.g., Dana Priest, N.Y. Billing Dispute Reveals Details of Secret CIA Rendition Flights, Wash. Post (Nov. 2, 2005).

¹⁰⁵ Comm. on Int’l Human Rights of The Assoc. of the Bar of the City of New York & Center for Human Rights and Global Justice, New York University School of Law, Torture by Proxy: International and Domestic Law Applicable to ‘Extraordinary Renditions’ 15 (2004), available at http://www.pegc.us/archive/Authorities/ABCNY_20041029.pdf.

¹⁰⁶ Sen. Dianne Feinstein, Foreword to S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program 3 (2012, updated 2014), https://fas.org/irp/congress/2014_rpt/ssci-rdi.pdf [hereinafter “Foreword to Senate Report”]. See corrected version of list at Appendix 2: CIA Detainees from 2002-2008, S. Sel. Comm. on Intel. (Feb. 6, 2015) [hereinafter “Appendix 2”], http://www.feinstein.senate.gov/public/index.cfm/files/serve/?File_id=5871bb22-f4fb-4ec4-b419-99babb2eca3d (detailing the detainees subjected to CIA interrogation techniques between 2002 and 2008).

¹⁰⁷ Dr. Sam Raphael, Co-founder of the Rendition Project, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

¹⁰⁸ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 12, 15-16.

¹⁰⁹ North Carolina Stop Torture Now, Detainees Transported by Aero Contractors for the CIA (2014), http://ncstn.org/content/wp-content/uploads/2015/05/CIA-detainees.pdf/.

¹¹⁰ Open Society Foundations, Globalizing Torture: CIA Secret Detention and Extraordinary Rendition 11 (2013).

¹¹¹ Steven M. Watt, Outsourced Terror: The Horrific Stories of CIA-sponsored Torture That Aren’t in the Senate Report, Slate (Dec. 9, 2014), http://www.slate.com/articles/news_and_politics/politics/2014/12/senate_torture_report_s_unnamed_victims_the_cia_had_hundreds_or_thousands.html reprinted at ACLU (Dec. 22, 2014), reprinted at Steven M. Watt, ACLU, The Horrific Stories of CIA-sponsored Torture that Aren’t in the Senate Report (Dec. 22, 2014) https://www.aclu.org/blog/speakeasy/horrific-stories-cia-sponsored-torture-arent-senate-report.

¹¹² See, e.g. Priest, N.Y. Billing Dispute Reveals Details of Secret CIA Rendition Flights.

¹¹³ Statement by Gen. Mike Hayden, Director of the CIA, to Employees, Taping of Early Detainee Interrogations (Dec. 6, 2007), https://www.cia.gov/news-information/press-releases-statements/press-release-archive-2007/taping-of-early-detainee-interrogations.html (stating that the “CIA’s terrorist detention and interrogation program began after the capture of Abu Zubaydah in March 2002”).

¹¹⁴ Sen. Dianne Feinstein, Foreword to Senate Report, S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 3. See corrected version of list at Appendix 2: CIA Detainees from 2002-2008, S. Sel. Comm. on Intel. (Feb. 6, 2015), http://www.feinstein.senate.gov/public/index.cfm/files/serve/?File_id=5871bb22-f4fb-4ec4-b419-99babb2eca3d.

¹¹⁵ See Adam Goldman & Julie Tate, Decoding the Secret Black Sites on the Senate’s Report on the CIA Interrogation Program, Wash. Post (Dec. 9, 2014), https://www.washingtonpost.com/news/worldviews/wp/2014/12/09/decoding-the-secret-black-sites-on-the-senates-report-on-the-cia-interrogation-program/?utm_term=.99f70acd29ab; Crofton Black, Foreign Liaison Partners, Extraordinary Renditions and Secret Detentions: Challenges to Democratic Control of Intelligence Services and Human Rights Remedies (Elspeth Guild, et al. eds.) (2018); Crofton Black & Sam Raphael, Revealed: The Boom and Bust of the CIA’s Secret Torture Sites, Bureau of Investigative Journalism (Oct. 14, 2015), https://www.thebureauinvestigates.com/stories/2015-10-14/revealed-the-boom-and-bust-of-the-cias-secret-torture-sites; Sam Raphael et al., Tracking Rendition Aircraft as a Way to Understand CIA Secret Detention and Torture in Europe, 20 Int’l J. of Human Rts. 78 (2016).

¹¹⁶ Central Intelligence Agency, OMS Guidelines on Medical and Psychological Support to Detainee Rendition, Interrogation, and Detention 1–3 (Dec. 2004), https://www.cia.gov/library/ readingroom/docs/0006541536.pdf.

¹¹⁷ See Memorandum from Central Intelligence Agency to Daniel Levin, Acting Assistant Att’y Gen., OLC, U.S. Dep’t. of Justice 2 (Dec. 30, 2004), https://www.thetorturedatabase.org/document/fax-cia-olc-providing-generic-description-cias-combined-use-various-interrogation-technique.

¹¹⁸ See, e.g., Memorandum from Jay S. Bybee, Assistant Att’y Gen., OLC, U.S. Dept of Justice, to John Rizzo, acting General Counsel of the CIA, Interrogation of al Qaeda Operative (Aug. 1, 2002), http://www.justice.gov/sites/default/files/olc/legacy/2010/08/05/memo-bybee2002.pdf.

¹¹⁹ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 83 n.448 (citing redacted source).

¹²⁰ Id. at 85.

¹²¹ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 21.

¹²² Human Rights First, Fact Sheet: ‘Enhanced Interrogation’ Explained, (Feb. 10, 2016), https://www.humanrightsfirst.org/resource/enhanced-interrogation-explained.

¹²³ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 12.

¹²⁵ Id. at 4.

¹²⁶ Id. at 3.

¹²⁷ Dana Priest & Barton Gellman, U.S. Decries Abuse but Defends Interrogations: “Stress and Duress” Tactics Used on Terrorism Suspects Held in Secret Overseas Facilities, Wash. Post, Dec. 26, 2002, http://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060901356.html.

¹²⁸ Raphael, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nccit.org/witnesstestimony/, at para. 20.

¹²⁹ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 11.

¹³⁰ Sam Raphael, Crofton Black, Ruth Blakely, and Steve Kostas, Tracking Rendition Aircraft as a Way to Understand CIA Secret Detention and Torture in Europe, International Journal of Human Rights (2016), at 85, https://doi.org/10.1080/13642987.2015.1044772.

¹³¹ See The Rendition Project, The Corporate Network, http://www.therenditionproject.org.uk/flights/companies/index.html (last visited July 15, 2018).

¹³² Raphael et al., Tracking Rendition Aircraft as a Way to Understand CIA Secret Detention and Torture in Europe, 85.

¹³³ Id. at 85.

¹³⁴ See generally Richmor Aviation, Inc. v. Sportsflight Air, Inc., 918 N.Y.S.2d 806 (N.Y. App. Div. 2011).

¹³⁵ Raphael et al., Tracking Rendition Aircraft as a Way to Understand CIA Secret Detention and Torture in Europe, 85. See generally Richmor Aviation, Inc. v. Sportsflight Air, Inc. [918 N.Y.S. 2d 806]; The Corporate Network, Rendition Project; Ian Cobain & Ben Quinn, How U.S. Firms Profited from Torture Flights, Guardian (Aug. 31, 2011), https://www.theguardian.com/world/2011/aug/31/us-firms-torture-flights-rendition; Ian Cobain & Ben Quinn, Mundane Bills Bring CIA’s Rendition Network into Sharper Focus, Guardian (Aug. 31, 2011), https://www.theguardian.com/world/2011/aug/31/cia-rendition-flights-cost; Priest, N.Y. Billing Dispute Reveals Details of Secret CIA Rendition Flights, Wash Post; Clare Algar, US Court Documents Reveal Inner Workings of CIA Renditions, Guardian (Aug. 31, 2011), https://www.theguardian.com/commentisfree/2011/aug/31/documents-reveal-renditions-programme-business; Mark Thompson, New Documents Offer Details on CIA Program That Critics Charge Abetted Torture, Time (Aug. 31, 2011), ), http://nation.time.com/2011/08/31/new-documents-offer-details-on-cia-program-that-critics-charge-abetted-torture/. See also Amnesty International, USA: Below the Radar: Secret flights to Torture and ‘Disappearance’ 24 (Apr. 4, 2006), https://www.amnesty.org/en/documents/AMR51/051/2006/en/.

¹³⁶ Giovanni Claudio Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, Eur. Parliament, Working Document No. 4, Doc. 617722EN 2 (June 1, 2006), http://www.europarl.europa.eu/meetdocs/ 2004_2009/documents/dt/617/617722/617722en.pdf.

¹³⁷ Raphael, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture, at para. 22. See also para. 32.

¹³⁸ Id. at para. 22.

¹³⁹ See Raphael et al., Tracking Rendition Aircraft as a Way to Understand CIA Secret Detention and Torture in Europe, 85 (“Other companies appearing in the data strings, such as Jeppesen International Trip Planning/Jeppesen Dataplan and Universal Weather and Aviation, were companies providing so-called trip planning services to a range of corporate and government clients. These companies were responsible for ensuring that the required flight plans were filed, overflight and landing authorisations received and hotel reservations booked.”); The Rendition Project, N379P-N8068V-N44982, https://www.therenditionproject.org.uk/flights/aircraft/N379P.html (“Trip planning services for a number of the renditions carried out using this aircraft were provided be Jeppesen Dataplan, a subsidiary of Boeing Inc.”); The Rendition Project, Aircraft Profile: N313P-N4476S, https://www.therenditionproject.org.uk/flights/aircraft/N313P.html (“Trip planning services for these renditions were provided be Jeppesen Dataplan, which also filed dummy flight plans to try and disguise the September 2003 renditions and those of Binyam Mohammed and Khaled el-Masri in January 2004.”); ACLU Fact Sheet on “Air CIA,” ACLU, https://www.aclu.org/other/aclu-fact-sheet-air-cia (last visited July 15, 2018) (“Publicly available records demonstrate that Jeppesen, based in San Jose, CA, facilitated more than 70 secret rendition flights over a four-year period to countries where it knew or reasonably should have known that detainees are routinely tortured or otherwise abused in contravention of universally accepted legal standards.”); id. (“Among the 15 aircraft serviced by Jeppesen are a Gulfstream V aircraft formerly registered with the Federal Aviation Administration as N379P and a Boeing-737 aircraft formerly registered with the FAA as N313P. The ACLU lawsuit charges that Jeppesen provided essential flight and logistical services to these two aircraft for all of the CIA flights involving the rendition of terror suspects.”); Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, 16, para. 19 (Jan. 2012), http://www.law.unc.edu/documents/clinicalprograms/finalrenditionreportweb.pdf (“At least from 2001 to 2006, logistical support and flight planning for Aero’s domestic and international flights was provided by Jeppesen Dataplan, Inc. (“Jeppesen”)).

¹⁴⁰ See, e.g., Jane Mayer, The C.I.A.’s Travel Agent, New Yorker (Oct. 30, 2006), https://www.newyorker.com/magazine/2006/10/30/the-c-i-a-s-travel-agent.

¹⁴¹ First Amended Complaint & Demand for Jury Trial, Mohamed et al. v. Jeppesen Dataplan, Inc., No. 5:07-cv-02798 (JW) (N.D. Cal. Aug. 1, 2007), para. 18.

¹⁴² S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 8.

¹⁴³ CIA Office of the Inspector General, Special Review: Counterterrorism Detention and Interrogation Activities CIA (Sept. 2001 – Oct. 2003), 17 (May 7, 2004), http://graphics8.nytimes.com/packages/pdf/politics/20090825-DETAIN/2004CIAIG.pdf (The report acknowledges that: “The current CTC Detention and Interrogation Program has been subject to DoJ legal review and Administration approval but diverges sharply from previous Agency policy and rules that govern interrogations by U.S. military and law enforcement officers. Officers are concerned that public revelation of the CTC Program will seriously damage Agency officers’ personal reputations, as well as the reputation and effectiveness of the Agency itself.”).

¹⁴⁴ Id. at 90.

¹⁴⁵ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program, at 444.

¹⁴⁶ Statement of Attorney Gen. Eric Holder on Closure of Investigation into the Interrogation of Certain Detainees, News, Dep’t of Justice Office of Public Affairs (Aug. 30, 2012), https://www.justice.gov/opa/pr/statement-attorney-general-eric-holder-closure-investigation-interrogation-certain-detainees.

¹⁴⁷ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program.

¹⁴⁸ On October 9, 2007, the U.S. Supreme Court denied the ACLU’s cert petition asking the Court to review the lower court’s decision dismissing the lawsuit on the grounds of state secrets. See generally El-Masri v. Tenet, ACLU, (updated June 1, 2011), https://www.aclu.org/cases/el-masri-v-tenet.

¹⁴⁹ Complaint at para. 11, Khaled El-Masri v. George J. Tenet, et al., 437 F. Supp. 2d 530 (E.D. Va. 2006) (No. 1:05-cv-01417-TSE-TR). See also id., para. 33 (“Aviation documents show that a Boeing business jet owned by defendant PETS and operated by defendant ACL, then registered by the FAA as N313P”).

¹⁵⁰ On May 16, 2011, the U.S. Supreme Court denied the ACLU’s cert petition asking the Court to review the lower court’s decision dismissing the lawsuit on the grounds of state secrets. See generally Mohamed et al. v. Jeppesen Dataplan, Inc., ACLU, https://www.aclu.org/cases/mohamed-et-al-v-jeppesen-dataplan-inc.

¹⁵¹ Complaint & Demand for Jury Trial, Mohamed et al. v. Jeppesen Dataplan, Inc., No. 5:07-cv-02798 (JW) (N.D. Cal. May. 7, 2007).

¹⁵² Amended Complaint & Demand for Jury Trial, Mohamed et al. v. Jeppesen Dataplan, Inc., No. 5:07-cv-02798 (JW) (N.D. Cal. Aug. 1, 2007).

¹⁵³ ACLU Fact Sheet on “Air CIA,” ACLU, https://www.aclu.org/other/aclu-fact-sheet-air-cia.

¹⁵⁴ Watt, The Horrific Stories of CIA-sponsored Torture That Aren’t in the Senate Report, ACLU (Dec. 22, 2014).

¹⁵⁵ See generally Comm. on Legislative Affairs and Human Rights, Parliamentary Assembly of the Council of Eur., Timeline: The Council of Europe’s Investigation into CIA Secret Prisons in Europe (24 June 2014), http://assembly.coe.int/nw/xml/News/News-View-en.asp?newsid=5722&lang=2.

¹⁵⁶ See Dick Marty, Comm. on Legislative Affairs and Human Rights, Parliamentary Assembly of the Council of Eur., Alleged Secret Detentions and Unlawful Inter-state Transfers Involving Council of Europe Member States 12 para. 39 (June 12, 2006), http://assembly.coe.int/CommitteeDocs/2006/20060606_Ejdoc162006PartII-FINAL.pdf.

¹⁵⁷ Id. at para. 51.

¹⁵⁸ Comm. on Legislative Affairs and Human Rights, Parliamentary Assembly of the Council of Eur., Secret Detentions and Illegal Transfers of Detainees Involving Council of Europe Member States: Second Report (Nov. 6, 2007), Doc. 11302, http://assembly.coe.int/nw/xml/XRef/Xref-DocDetails-EN.asp?FileID=11555&lang=EN.

¹⁵⁹ Id. at. fn. 201.

¹⁶⁰ See generally, European Parliament/Legislative Observatory, Procedure File, http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?id=537045.

¹⁶¹ Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, Eur. Parliament, Working Document No. 4, Doc. 617722EN 2 (June 1, 2006), http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dt/617/617722/617722en.pdf.

¹⁶² Id.

¹⁶³ Case of El-Masri v. The Former Yugoslav Republic of Macedonia, Eur. Ct. H.R., (Dec. 13, 2012), App. No. 39630/09 (Dec. 13, 2012), ¶ 205.

¹⁶⁴ Case of Husayn (Abu Zubaydah) v. Poland, Eur. Ct. H.R., App. No. 7511/13 (July 24, 2015).

¹⁶⁵ Case of Al Nashiri v. Poland, Eur. Ct. H.R., App. No. 28761/11 (July 24, 2015).

¹⁶⁶ Case of Zubaydah v. Lithuania, Eur. Ct. H.R., App. No. 46454/11 (May 31, 2018).

¹⁶⁷ Case of Al Nashiri v. Romania, Eur. Ct. H.R., H.R., App. No. 33234/12 (May 31, 2018).

¹⁶⁸ Id. at para. 106.

¹⁶⁹ Petition alleging violations of the human rights of Khaled El-Masri by the United States of America with a request for an investigation and hearing on the Merits, Inter-Am. Comm’n H.R. (ser. B) (Apr. 9, 2008).

¹⁷⁰ Communication 383/10, Mohammed Abdullah Saleh Al-Asad v. The Republic of Djibouti (Dec. 10, 2009); Request for Review of the Commission’s Decision (Dec. 2, 2014).

¹⁷¹ Petition alleging violations of the human rights of Binyam Mohamed et al. by the United States of America with a request for an investigation and hearing on the Merits, Mohamed et al. v. United States, Inter-Am. Comm’n H.R. (ser. B) (Nov. 14, 2011).

¹⁷² Mark Lander, German Court Challenges C.I.A. Over Abduction, N.Y. Times (Feb. 1, 2007). See also Bob Drogin & John Goetz, ‘Ghost Pilots’ of the CIA’s Rendition Team: The Times Traces the Identities of Three Facing Kidnapping Charges in Germany Related to a 2003 Operation, L.A. Times (Feb. 18, 2007), http://articles.latimes.com/2007/feb/18/world/fg-pilots18; “Human Cargo”: Binyam Mohamed and the Rendition Frequent Flier Programme, Reprieve (June 2008), https://www.therenditionproject.org.uk/pdf/PDF%20100%20[Reprieve,%20Jun%202008.%20Human%20Cargo,%20report%20on%20Binyam].pdf.

¹⁷³ Statement of Jeremy Wright, Attorney General for England and Wales, to the House of Commons, Belhaj and Boudchar Litigation (May 10, 2018), https://hansard.parliament.uk/commons/2018-05-10/debates/B9AD50CD-9D54-41DA-A18B-1526E7658593/BelhajAndBoudcharLitigationUpdate.

CHAPTER 2 : North Carolina’s Role in Torture: Hosting Aero Contractors, Ltd.

²⁰⁰ Dr. Sam Raphael, Co-founder of the Rendition Project, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture, at para. 32 (Nov. 30, 2017), http://www.nctorturereport.org.

²⁰¹ 1Id., at para. 18.

²⁰² See Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, para. 38 (Jan. 2012), http://www.law.unc.edu/documents/clinicalprograms/finalrenditionreportweb.pdf; Stephen Grey, Ghost Plane: The True Story of the CIA Torture Program 28, 124-25 (2007); Trevor Paglen & A.C. Thompson, Torture Taxi 80-81 (2006).

²⁰³ Scott Shane, Stephen Grey & Margot Williams, C.I.A. Expanding Terror Battle Under Guise of Charter Flights, N.Y. Times (May 31, 2005); Kinston Regional Jetport, N.C. Global Transpark, https://www.ncgtp.com/grow/Pages/jetport-sio.aspx

²⁰⁴ Dr. Sam Raphael, The Global CIA Rendition and Torture Program, at para. 19.

²⁰⁵ Shane, Grey & Williams, C.I.A. Expanding Terror Battle Under Guise of Charter Flights, N.Y. Times (May 31, 2005), https://www.nytimes.com/2005/05/05/31/us/cia-expanding-terror-battle-under-guise-of-charter-flights.html . See also N379P-N8068V-N44982, The Rendition Project, https://www.therenditionproject.org.uk/flights/aircraft/N379P.html (describing Aero Contractors as a “nominally independent company that worked exclusively for the CIA.”).

²⁰⁶ N.C. Dept. of the Sec’y of State, Aero Contractors Limited (Sept. 28, 1979), https://www.sosnc.gov/online_services/search/Business_Registration_Results.

²⁰⁷ Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para. 25. See also Complaint at para. 11, Khaled El-Masri v. George J. Tenet, et al., 437 F. Supp. 2d 530 (E.D. Va. 2006) (No. 1:05-cv-01417-TSE-TR) [hereinafter Complaint, El-Masri] (“Defendant Aero Contractors Limited (“ACL”) is a corporation doing business in North Carolina, with corporate headquarters at Johnston County Airport, North Carolina.”)

²⁰⁸ N.C. Dept. of the Sec’y of State, Aero Contractors Limited (Sept. 28, 1979)

²⁰⁹ Shane, Grey & Williams, C.I.A. Expanding Terror Battle Under Guise of Charter Flights. See also Joby Warrick, Ten Years Later, CIA ‘Rendition’ Program Still Divides N.C. Town, Wash. Post (Feb. 9, 2012), https://www.washingtonpost.com/world/national-security/ten-years-later-cia-rendition-program-still-divides-nc-town/2012/01/23/gIQAwrAU2Q_story.html?utm_term=.006d3abd67ea.

²¹⁰ See further Stephen Grey, Ghost Plane: The True Story of the CIA Torture Program 142–143 (2006).

²¹¹ Shane et al., C.I.A. Expanding Terror Battle Under Guise of Charter Flights; see also Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para. 42.

²¹² Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para. 18.

²¹³ Id.

²¹⁴ Id. at para. 36.

²¹⁵ See Giovanni Claudio Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, Eur. Parliament, Working Document No. 4, Doc. 617722EN 2 (June 1, 2006), http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dt/617/617722/617722en.pdf.

²¹⁶ See Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para. 42 (further noting that: “Four to six of these officials would be dressed all in black with their faces covered, and would prepare the individual for rendition in the method described below.”).

²¹⁷ Grey, Ghost Plane: The True Story of the CIA Torture Program, at 125 (2006).

²¹⁸ Id.

²¹⁹ Id. at 28.

²²⁰ Peggy Lim, Book Ties Johnston Firm to CIA Activity, News & Observer, Oct. 24, 2006, at B3 (citing Stephen Grey, Ghost Plane: The True Story of the CIA Torture Program).

²²¹ See Bob Drogin & John Goetz, ‘Ghost Pilots’ of the CIA’s Rendition Team: The Times Traces the Identities of Three Facing Kidnapping Charges in Germany Related to a 2003 Operation, L.A. Times (Feb. 18, 2007). “[F]light records show that Aero Contractors, based in Smithfield, N.C., operated the plane that carried Binyam Mohamed from Morocco to the Dark Prison, and Khalid El Masri from Macedonia to Afghanistan. The charter aircraft company has flown scores of missions for the CIA and has played a key support role in counter-terrorism operations since the Sept. 11 attacks, according to former agency officials.” Id. See generally Reprieve “Human Cargo”: Binyam Mohamed and the Rendition Frequent Flier Programme, (2008), https://www.therenditionproject.org.uk/pdf/PDF%20100%20[Reprieve,%20Jun%202008.%20Human%20Cargo,%20report%20on%20Binyam].pdf. “Aero Contractors has been associated with the CIA by media in the US and Europe, and is believed to have been the employer of three of Binyam Mohamed’s rendition crew.” Id. See also Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para. 33. “Numerous journalistic accounts have found that the names listed in flight manifests relating to extraordinary rendition flights and the capture and transfer of individuals for interrogation through torture were aliases of actual Aero pilots or employees.” Id. See also Grey, Ghost Plane: The True Story of the CIA Torture Program, at 28; Mark Lander, German Court Challenges C.I.A. Over Abduction, N.Y. Times (Feb. 1, 2007).

²²² Dick Marty, Comm. on Legislative Affairs and Human Rights, Parliamentary Assembly of the Council of Eur., Alleged Secret Detentions and Unlawful Inter-state Transfers Involving Council of Europe Member States, para. 185 (June 12, 2006), http://assembly.coe.int/CommitteeDocs/2006/20060606_Ejdoc162006PartII-FINAL.pdf

²²³ See Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para. 61-69.

²²⁴ Shane et al., C.I.A. Expanding Terror Battle Under Guise of Charter Flights, N.Y. Times (May 31, 2005), https://www.nytimes.com/2005/05/31/us/cia-expanding-terror-battle-under-guise-of-charter-flights.html. “We’ve been doing business with the government for a long time, and one of the reasons is, we don’t talk about it,’ said Robert W. Blowers, Aero’s assistant manager.” Id.

²²⁵ Id. “Aero’s president, according to corporate records, is Norman Richardson, a North Carolina businessman who once ran a truck stop restaurant called Stormin’ Norman’s. Asked about his role with Aero, Richardson said only: ‘Most of the work we do is for the government. It’s on the basis that we can’t say anything about it.’” Id.

²²⁶ Mandy Locke, Airport Linked to Covert Flights, News & Observer, Mar. 9, 2005, at B1.

²²⁷ Id.

²²⁸ See, e.g., The Corporate Network, The Rendition Project (last visited July 15, 2018), http://www.therenditionproject.org.uk/flights/companies/index.html; Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners 4; Priest, Jet is an Open Secret in Terror War; Shane, Grey & Williams, C.I.A. Expanding Terror Battle Under Guise of Charter Flights; Amnesty Int’l, USA: Below the Radar: Secret flights to Torture and ‘Disappearance’ 23.

²²⁹ Office of the Inspector General, Central Intelligence Agency, Report of Investigation on the Rendition and Detention of German Citizen Khalid Al-Masri 8 (2007), https://www.thetorturedatabase.org/files/foia_subsite/pdfs/cia_production_c06541725_report_of_investigation_the_rendition_and_detention_of_khalid_al-masri.pdf.

²³⁰ Complaint El-Masri Khaled El-Masri v. George J. Tenet, 437 F. Supp. 2d 530 (E.D. Va. 2006) (No. 1:05-cv-01417-TSE-TR) (“ACL was contracted by defendant PETS to operate the above-mentioned Boeing business jet, and specifically to transport plaintiff from Skopje, Macedonia to detention and interrogation in Afghanistan.”); id. para 33 (“Aviation documents show that a Boeing business jet owned by defendant PETS and operated by defendant ACL, then registered by the FAA as N313P.”); Amnesty Int’l, USA: Below the Radar: Secret flights to Torture and ‘Disappearance’ 23 (“Premier was the listed owner of only two planes: the Gulfstream jet most frequently identified with rendition operations, originally registered as N379P; and a Boeing 737, initially N313P, which appeared regularly in locations such as Afghanistan, Libya, Jordan, Baghdad, Germany and the UK, and which Amnesty International believes was used to render Khaled el-Masri from Macedonia to Afghanistan in January 2004.”); Shane et al., C.I.A. Expanding Terror Battle Under Guise of Charter Flights (explaining that the aircraft on which Khaled el-Masri was rendered to the CIA was operated by Aero Contractors and owned by Premier Executive Transport Services, “one of the C.I.A.-linked shell companies”); Paglen & Thompson, Torture Taxi 13 (2006) (identifying PETS as the owner of N313P). Contractors and owned by Premier Executive Transport Services, “one of the C.I.A.-linked shell companies”); Paglen & Thompson, Torture Taxi, at 13 (identifying PETS as the owner of N313P).

²³¹ See following notes 244-50.

²³² See Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at paras 22; and Aero Contractors Limited Lease with Johnston County Airport Authority, May 4, 2000.

²³³ See Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at para 72.

²³⁴ N.C. Global Transpark, https://www.ncgtp.com/Pages/default.aspx#/ (last visited July 15, 2018).

²³⁵ Kinston Regional Jetport, N.C. Global Transpark; About Lenoir County, Lenoir County, North Carolina, http://www.co.lenoir.nc.us/links.html]

²³⁶ N.C. Gen. Stat. §63A-3 (2016), http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0063A.

²³⁷ See Long-term Premises Lease (Ground Lease) between N.C. Global TransPark Authority and Aero Contractors Ltd., Recitals (Jan. 15, 2004).

²³⁸ Press Release, State of N.C., Office of the Governor, Easley Appoints Members to Global Transpark Authority Board Of Directors (Mar. 27, 2002), http://digital.ncdcr.gov/cdm/ref/collection/p16062coll5/id/1418 (“The Governor [Michael F. Easley] will serve as chair of the board.”); Press Release, State of N.C., Glob. TransPark Auth., Commerce Overseas Corporation Moving to Global Transpark (Aug. 9, 2007), http://www.nceast.org/files/8513/9964/8548/GTPPressRelease1.pdf (“Michael F. Easley Governor and Chairman”).

²³⁹ N.C. Global Transpark, North Carolina Global TransPark Authority Development Highlights (last visited July 15, 2018), http://www.ncleg.net/documentsites/committees/JointAppropriationsTransportation/2011%20Session/2011-03-23%20Meeting/GTP%20Strategic%20Plan/Appendix%20B%20(1).

²⁴⁰ See Long-term Premises Lease, at sections 3.1, 7.3 (Jan. 15, 2004); see also Peggy Lim, Germany Wants Suspected CIA Team, News & Observer, Feb. 1, 2007, at A1.

²⁴¹ Global TransPark leased about five acres to Aero Contractors. See Long-term Premises Lease (Ground Lease) between N.C. Global TransPark Authority and Aero Contractors Ltd., at Section 2.1.

²⁴² See id. at Exhibit B: Hangar Agreement with Specifications and Drawings.

²⁴³ Weissman et al., Univ. of N.C. School of Law, The North Carolina Connection to Extraordinary Rendition and Torture, at 11 (“North Carolina extended credit to Aero for the construction of a hangar at the Global TransPark Authority in Kinston. Johnston County facilitated Aero’s operations by providing permits for construction work and by conducting site safety inspections of Aero’s premises.”).

²⁴⁴ Long-term Premises Lease (Ground Lease) between N.C. Global TransPark Authority and Aero Contractors Ltd., Exhibit B: Hangar Agreement with Specifications and Drawings, at Section 2.

²⁴⁵ Clayton Hallmark, What is Aero Contractors? Here’s the Rundown, St Louis Media Ctr (Nov. 19, 2005), (on file with authors).

²⁴⁶ Global TransPark Chronology, N.C. Global Transpark, https://www.ncgtp.com/Pages/default.aspx#/, at 3.

²⁴⁷ See Long-term Premises Lease (Ground Lease), at Section 3.1. See also Charlie Kraebel, Controversial Charter Firm No Longer Flying From GTP, The Free Press (Mar. 23, 2007), http://www.ncstn.org/PDF_Archives/Aero%20No%20Longer%20Flying%20from%20GTP.pdf (“As far as Aero’s status with the GTP, the company hasn’t made any rental payments from its own coffers since November 2004. Instead, the company is working through about $60,000 in credit Aero received for building a hangar in 2004 to house the Boeing business jet, GTP officials said.”); Peggy Lim, Coalition Wants Aero Investigated, News & Observer, Mar. 22, 2007, at B1 (“But records obtained by The News & Observer show that Aero has made no rental payments from its own coffers to Global TransPark since November 2004. Instead, Aero is whittling through about $60,000 in credit the company received for building a hangar in 2004 to house the Boeing business jet.”).

²⁴⁸ Letter from Darlene A. Waddell, Exec. Director, Global TransPark Authority to Bryan Lasyone, Aero Contractors Limited (July 11, 2007) (received pursuant to public records request from NCCIT to North Carolina Global TransPark Authority on May 24, 2017); see also, Minutes of Executive Committee, GTPA Board, Oct. 12, 2007.

²⁴⁹ FAA flight logs supplied to North Carolina Stop Torture Now (on file with author). During the period while they were employed for renditions, N379P and N313P visited the Charlotte, Elizabeth City, Fayetteville, Franklin County, Raleigh, and Wilmington airports on a total of at least 22 occasions. Other aircraft operated by Aero have used at least nine other public airports around the state.

²⁵⁰ Shane et al., C.I.A. Expanding Terror Battle Under Guise of Charter Flights; see also Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners (there are “26 planes are registered to shell companies and sometimes supported by operating companies,” among the “51 airplanes alleged to be used [by the CIA] in the extraordinary renditions.”); Grey, Ghost Plane: The True Story of the CIA Torture Program 124 (2006).

²⁵¹ Raphael, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture, at para. 18.

²⁵² Matt Tinoco, Want to Buy an Old CIA Rendition Jet? Mother Jones (Apr. 5, 2017), http://www.motherjones.com/politics/2017/04/cia-rendition-plane-for-sale/.

²⁵³ See John Crewdson, Second Plane Suspected of CIA Flights, Chicago Times (Sept. 13, 2006), http://articles.chicagotribune.com/2006-09-13/news/0609130189_1_plane-cia-landed.

²⁵⁴ Complaint, El-Masri, at para. 11. See also id., para. 33 (“Aviation documents show that a Boeing business jet owned by defendant PETS and operated by defendant ACL, then registered by the FAA as N313P.”).

²⁵⁵ Id. at para. 10.

²⁵⁶ N379P-N8068V-N44982, The Rendition Project.

²⁵⁷ Dana Priest, Jet is an Open Secret in Terror War, Wash. Post. Dec. 27, 2004, at A01

²⁵⁸ See Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states, Committee on Legal Affairs and Human Rights, Parliamentary Assembly of the Council of Europe, 12 June 2006, Doc. 10957 (2006) para. 151 (also identifying N379P as the rendition aircraft for Ahmed Agiza and Mohammed Alzery (El Zari, El-Zery)); Temporary Committee on the Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, Eur. Parl. Doc. 617722EN, at 7 (“Gulfstream V N379P-N8068V-N44982 · Owned by Premier Executive (the main CIA shell company). The registration of this aircraft has been changed three times to make it untraceable . . . The most frequent destinations outside Europe were: Uzbekistan, Egypt, Jordan, United Arab Emirates, Pakistan, Morocco, Georgia, Afghanistan, Gambia, Algeria, Lebanon, Azerbaijan, Libya and Guantánamo.”); Grey, Ghost Plane: The True Story of the CIA Torture Program, at 117-118; Paglen & Thompson, Torture Taxi, at 80-81.

²⁵⁹ Priest, Jet is an Open Secret in Terror War.

²⁶⁰ Dr. Sam Raphael, The Global CIA Rendition and Torture Program.

²⁶¹ Id. at para. 23.

²⁶² Id. at para. 26.

²⁶³ Id., at para. 24.

²⁶⁴ Id. at para. 28.

²⁶⁵ Id., at para. 25.

²⁶⁶ North Carolina Stop Torture Now submission (on file with author).

²⁶⁷ Raphael, The Global CIA Rendition and Torture Program, Appendix B.

²⁶⁸ Aircraft Profile: N313P-N4476S, The Rendition Project, https://www.therenditionproject.org.uk/flights/aircraft/N313P.html.

²⁶⁹ Id.; Rendition Circuit: 20-25 September 2003, Rendition of ‘High-Value Detainees’ between Afghanistan, Poland, Romania, Morocco and Guantánamo Bay, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N313P-030920.html (last visited July 15, 2018).

²⁷⁰ Aircraft Profile: N313P-N4476S; Rendition Circuit: 5-10 January 2004, Rendition of Hassan bin Attash and Ali al-Hajj al-Sharqawi from Jordan to Afghanistan, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N313P-040105.html (last visited July 15, 2018).

²⁷¹ Aircraft Profile: N313P-N4476S, The Rendition Project, https://www.therenditionproject.org.uk/flights/aircraft/N313P.html; Rendition Circuit: 15-28 January 2004, Multiple Renditions of Binyam Mohamed (Morocco to Afghanistan) and Khaled el-Masri (Macedonia to Afghanistan), The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N313P-040115.html (last visited July 15, 2018).

²⁷² Aircraft Profile: N313P-N4476S, The Rendition Project, https://www.therenditionproject.org.uk/flights/aircraft/N313P.html; Rendition Circuit: 6-14 March 2004, Multiple Renditions of Abdel Hakim Belhadj and Fatima Bouchar (Thailand to Libya, via Diego Garcia) and Yumus Rahmatullah and Amanatullah Ali (Iraq to Afghanistan), The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N313P-040306.html (last visited July 15, 2018).

²⁷³ Raphael, The Global CIA Rendition and Torture Program, Appendix B.

²⁷⁴ N379P-N8068V-N44982, The Rendition Project

²⁷⁵ Id.; Rendition Circuit: 18-20 December 2001, Rendition of Mohamed el-Zery and Ahmed Agiza, Sweden to Egypt, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-011218.html (last visited July 15, 2018).

²⁷⁶ N379P-N8068V-N44982, The Rendition Project; Rendition Circuit: 9-15 January 2002, Rendition of Mohammed Saad Iqbal Madni, Indonesia to Egypt (via Diego Garcia), The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020109.html (last visited July 15, 2018).

²⁷⁷ N379P-N8068V-N44982; Rendition Circuit: 6-16 February 2002, Possible Rendition of Ali al-Hajj al-Sharqawi, Pakistan/Afghanistan to Jordan, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020206.html (last visited July 15, 2018).

²⁷⁸ N379P-N8068V-N44982; Rendition Circuit: 8-15 April 2002, Rendition of Mohammed Saad Iqbal Madni and Mamdouh Habib, Egypt to Afghanistan (via Uzbekistan), The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020408.html (last visited July 15, 2018).

²⁷⁹ N379P-N8068V-N44982; Rendition Circuit: 22-26 May 2002, Rendition of Abou Elkassim Britel, Pakistan to Morocco, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020522.html (last visited July 15, 2018).

²⁸⁰ N379P-N8068V-N44982; Rendition Circuit: 17-23 July 2002, Rendition of Binyam Mohamed and Two Others from Pakistan to Morocco, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020717.html (last visited July 15, 2018).

²⁸¹ N379P-N8068V-N44982; Rendition Circuit: 11-19 September 2002, Rendition of Unidentified Detainee to Egypt/Morocco (via Diego Garcia), Hassan bin Attash from Afghanistan to Jordan, and Ramzi bin al-Shibh from Afghanistan to Morocco, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020911.html (last visited July 15, 2018).

²⁸² N379P-N8068V-N44982; Rendition Circuit: 12-18 November 2002, Rendition of Abd al-Rahim al-Nashiri, Afghanistan to Thailand, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-021112.html (last visited July 15, 2018).

²⁸³ N379P-N8068V-N44982; Rendition Circuit: 8-17 December 2002, Rendition of Bisher al-Rawi and Jamil el-Banna, The Gambia to Afghanistan (via Egypt), The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-021208.html (last visited July 15, 2018).

²⁸⁴ N379P-N8068V-N44982; Rendition Circuit: 6-13 February 2003, Rendition of Ramzi bin al-Shibh, Morocco to Poland, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-030206.html (last visited July 15, 2018).

²⁸⁵ N379P-N8068V-N44982; Rendition Circuit: 1-9 March 2003, Rendition of Khaled Sheikh Mohammed, Afghanistan to Poland, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-030301.html (last visited July 15, 2018).

²⁸⁶ N379P-N8068V-N44982; Rendition Circuit: 3-7 June 2003, Rendition of Walid bin Attash, Afghanistan to Poland, and Abd al-Rahim al-Nashiri and Ramzi bin al-Shibh, Poland to Morocco, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-030603.html (last visited July 15, 2018).

²⁸⁷ N379P-N8068V-N44982; Rendition Circuit: 24-30 October 2003, Rendition of Mohamed Bashmilah, Jordan to Afghanistan, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-031024.html (last visited July 15, 2018).

²⁸⁸ N379P-N8068V-N44982; Rendition Circuit: 20-29 January 2004, Rendition of Khaled al-Maqtari and others, Iraq to Afghanistan, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-040120.html (last visited July 15, 2018).

²⁸⁹ N379P-N8068V-N44982; Possible rendition of Gouled Hassan Dourad, Djibouti to Afghanistan, Morocco or Guantánamo Bay, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-040306.html (last visited July 15, 2018).

CHAPTER 3 : Other North Carolina Connections to Post-9/11 U.S. Torture

³⁰⁰ U.S. SENATE COMMITTEE ON ARMED SERVICES, Inquiry into the Treatment of Detainees in U.S.A. Custody, https://www.armed-services.senate.gov/imo/media/doc/Detainee-Report-Final_April-22-2009.pdf.

³⁰¹ Eric Schmitt and Carolyn Marshall, In secret unit’s ‘black room,’ a grim portrait of U.S. abuse, NEW YORK TIMES (Mar. 19, 2006), https://www.nytimes.com/2006/03/19/world/middleeast/In-secret-units-black-room-a-grim-portrait-of-us-abuse.html.

³⁰² Blackwater was founded by Erik Prince in 1997, and was renamed Xe in 2009 and then Academi in 2011. Prince reportedly became a CIA asset in 2004 (Adam Ciralsky, Tycoon, Contractor, Soldier, Spy, VANITY FAIR (Jan, 2010), https://www.vanityfair.com/news/2010/01/blackwater-201001) and worked with the CIA on a secret post-9/11 assassination program (Ciralsky; also Jeremy Scahill, Notorious Mercenary Erik Prince is Advising Trump from the Shadows, THE INTERCEPT ( Jan. 17, 2107), https://theintercept.com/2017/01/17/notorious-mercenary-erik-prince-is-advising-trump-from-the-shadows/). In 2010, Prince sold Blackwater/Xe, and he is now chairman of a Hong Kong-based but Africa-focused security, aviation, and logistics company called Frontier Services Group. Reportedly, the Trump Administration is considering proposals developed by Prince and a retired CIA officer to create a global, private spy network and a new global rendition unit (Matthew Cole and Jeremy Scahill, Trump White House Weighing Plans for Private Spies to Counter ‘Deep State’ Enemies, THE INTERCEPT (Dec. 4, 2017), https://theintercept.com/2017/12/04/trump-white-house-weighing-plans-for-private-spies-to-counter-deep-state-enemies).

³⁰³ James Risen and Mark Mazzetti, Blackwater Guards Tied to Secret Raids by CIA, NEW YORK TIMES (Dec. 11, 2009), https://www.nytimes.com/2009/12/11/us/politics/11blackwater.html.

³⁰⁴ Id.

³⁰⁵ Jeremy Scahill, Blackwater: CIA Assassins?, THE NATION (Aug, 31, 2009), https://www.thenation.com/article/blackwater-cia-assassins/; also Ciralsky, Tycoon, Contractor, Soldier, Spy, VANITY FAIR.

³⁰⁶ U.S. SEN. COMM. ON ARMED SERVICES, Inquiry into the Treatment of Detainees in U.S.A. Custody, 39-49. The Guantánamo Bay detention camp is operated by the multi-service Joint Task Force Guantánamo under U.S. Southern Command. In the relevant period, Abu Ghraib was operated by the U.S. Army. Major General Geoffrey Miller, who commanded the Guantánamo Bay detention camp in 2002 and 2003, also served as a key link between that facility and Abu Ghraib, and abusive techniques were used against prisoners in Abu Ghraib “shortly after Miller and a team of experts visited in 2003 to help obtain more information during interrogations” (Josh White, General Who Ran Guantánamo Bay Retires, WASH. POST (Aug 1, 2006), http://www.washingtonpost.com/wp-dyn/content/article/2006/07/31/AR2006073101183.html). U.S. military detention operations at Bagram Air Base in Afghanistan during that period were run by the U.S. Army, although there was reportedly also a black site inside Bagram operated by the U.S. Defense Intelligence Agency and U.S. Special Operations Forces. See, e.g., Marc Ambinder, Inside the Secret Interrogation Facility at Bagram, THE ATLANTIC (May 14, 2010), https://www.theatlantic.com/politics/archive/2010/05/inside-the-secret-interrogation-facility-at-bagram/56678/ and Alisa J. Rubin, Afghans Detail Detention in ‘Black Jail’ at U.S. Base, NEW YORK TIMES (Nov. 28, 2009), https://www.nytimes.com/2009/11/29/world/asia/29bagram.html.

³⁰⁷ U.S. SEN. COMM. ON ARMED SERVICES, Inquiry into the Treatment of Detainees in U.S.A. Custody, xiii.

³⁰⁸ Id., at 40, 43.

³⁰⁹ NCCIT Remarks (Dec. 1, 2017) (Mark Fallon, former NCIS Special Agent), http://www.nccit.org/witnesstestimony/.

³¹⁰ U.S. SEN. COMM. ON ARMED SERVICES, Inquiry into the Treatment of Detainees in U.S.A. Custody, at 45-47.

³¹¹ Roy Eidelson, Trudy Bond, and Stephen Soldz, Guantánamo and the APA: Where Accountability Goes to Die, PSYCHOLOGY TODAY (April 2013), https://www.psychologytoday.com/us/blog/dangerous-ideas/201304/guant-namo-and-the-apa-where-accountability-goes-die.

³¹² Id. See also Health Professionals Abet Torture: Testimony to the North Carolina Commission of Inquiry on Torture (Nov. 31, 2017) (Dr. Stephen Soldz, Director, Social Justice and Human Rights Program, Boston Graduate School of Psychoanalysis), http://www.nccit.org/witnesstestimony/.

³¹³ Eidelson et al., Guantánamo and the APA: Where Accountability Goes to Die, PSYCHOLOGY TODAY.

³¹⁴ Schmitt and Marshall, In secret unit’s ‘black room,’ a grim portrait of U.S. abuse, NEW YORK TIMES.

³¹⁵ HUMAN RIGHTS WATCH, NO BLOOD, NO FOUL (2006), https://www.hrw.org/report/2006/07/22/no-blood-no-foul/soldiers-accounts-detainee-abuse-iraq, 8.

³¹⁶ Ian Cobain, Camp Nama: British personnel reveal horrors of secret U.S. base in Baghdad, GUARDIAN (Apr. 1, 2013), https://www.theguardian.com/world/2013/apr/01/camp-nama-iraq-human-rights-abuses.

³¹⁷ Schmitt and Marshall, In secret unit’s ‘black room,’ a grim portrait of U.S. abuse.

³¹⁸ Spencer Ackerman, How the Pentagon’s Top Killers Became (Unaccountable) Spies, WIRED (Feb. 13, 2012), https://www.wired.com/2012/02/jsoc-ambinder/.

³¹⁹ Schmitt and Marshall, In secret unit’s ‘black room,’ a grim portrait of U.S. abuse, NEW YORK TIMES.

³²⁰ HUMAN RIGHTS WATCH, NO BLOOD, NO FOUL (2006), https://www.hrw.org/report/2006/07/22/no-blood-no-foul/soldiers-accounts-detainee-abuse-iraq, 8.

³²¹ Ian Cobain, Camp Nama: British personnel reveal horrors of secret U.S. base in Baghdad, GUARDIAN (Apr. 1, 2013), https://www.theguardian.com/world/2013/apr/01/camp-nama-iraq-human-rights-abuses.

³²² Schmitt and Marshall, In secret unit’s ‘black room,’ a grim portrait of U.S. abuse.

³²³ DAVID HOFFMAN ET AL., INDEPENDENT REVIEW RELATING TO APA ETHICS GUIDELINES, NATIONAL SECURITY INTERROGATIONS, AND TORTURE (July 2, 2015), at 12, https://www.apa.org/independent-review/APA-FINAL-Report-7.2.15.pdf.

³²⁴ Hoffman’s Key Conclusion Demonstrably False: The Omission of Key Documents and Facts Distorts the Truth, Col. (Ret.) L. Morgan Banks et al., October 2015, at 11, http://www.hoffmanreportapa.com/resources/RESPONSETODAVIDHOFFMAN1026.pdf

³²⁵ ARMY INSPECTOR GENERAL, DETAINEE OPERATIONS INSPECTION (July 21, 2004), http://hrlibrary.umn.edu/OathBetrayed/Mikolashek%20Report.pdf.

³²⁶ Stephen Soldz and Steven Reisner, Attacks on Hoffman Report from Military Psychologists Obfuscate Detainee Abuse: A Rebuttal to Banks et al. and APA’s Division 19 Task Force * January 2016), http://www.ethicalpsychology.org/materials/Rebuttal-to-Hoffman-Report-Critics.pdf.

CHAPTER 4 : Who Were Those Rendered by Aero Contractors?

⁴⁰⁰ Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition & Torture Victim Narratives (2017), http://www.law.unc.edu/documents/academics/humanrights/extraordinaryrenditionandNC.pdf.

⁴⁰¹ Id., at 258, 145, 550. See also, Saifullah Paracha, Reprieve, https://reprieve.org.uk/case-study/saifullah-paracha/.

⁴⁰² Id.

⁴⁰³ NCCIT Detainee Spreadsheet. https://docs.google.com/spreadsheets/d/1eZGpIu2KwSunlxa4WMyoRwkt6gvvxj92FUQrawMJCgE/edit#gid=965798575.

⁴⁰⁴ Dr. Sam Raphael, Co-Founder of the Rendition Project, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁴⁰⁵ NCCIT Detainee Spreadsheet p34/35.

⁴⁰⁶ Abou ElKassim Britel, ACLU, https://www.aclu.org/bio/abou-elkassim-britelhttps://www.aclu.org/bio/abou-elkassim-britel.

⁴⁰⁷ Shane Scott, Amid Details on Torture, Data on 26 Who Were Held in Error, N. Y. Times (Dec. 12, 2014), https://www.nytimes.com/2014/12/13/us/politics/amid-details-on-torture-data-on-26-held-in-error-.html.

⁴⁰⁸ S. Sel. Comm. on Intel. Committee Study of The Central Intelligence Agency’s Detention and Interrogation Program 11 (2012, updated 2014), https://fas.org/irp/congress/2014_rpt/ssci-rdi.pdf, at 476.

⁴⁰⁹ Souad Mekhennet, A German Man Held Captive in the CIA’s Secret Prisons Gives First Interview in 8 Years, Wash. Post (Sept. 16, 2015), https://www.washingtonpost.com/news/worldviews/wp/2015/09/16/a-german-man-held-captive-in-the-cias-secret-prisons-gives-first-interview-in-8-years/?utm_term=.04cf6d572ef4.

⁴¹⁰ Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition and Torture Victim Narratives, 415-28.

⁴¹¹ 39630/09 Eur. Ct. of Human Rights 2012, El-Masri v. The Former Yugoslav Republic of Macedonia Judgment 79, https://www.opensocietyfoundations.org/sites/default/files/CASE_OF_EL-MASRI_v__THE_FORMER_YUGOSLAV_REPUBLIC_OF_MACEDONIA_0.pdf. The Commission has been unable to find evidence that Macedonia has paid the ordered compensation.

⁴¹² Univ. of Kent, Bisher al-Rawi and Jamil el-Banna, The Rendition Project, https://www.therenditionproject.org.uk/prisoners/rawi_banna.html.

⁴¹³ Paul Hamilos and Vikram Dodd, Spain drops extradition attempt against Guantánamo torture pair, Guardian (Mar. 6, 2008), https://www.theguardian.com/world/2008/mar/07/spain.Guantánamo.

⁴¹⁴ The Guantánamo Docket, New York Times, https://www.nytimes.com/interactive/projects/Guantánamo/detainees/1094-saifullah-paracha

⁴¹⁵ Saifullah Paracha, Reprieve, https://reprieve.org.uk/case-study/saifullah-paracha/.

⁴¹⁶ Id.

⁴¹⁷ Univ. of Kent, Abdel Hakim Belhadj and Fatima Bouchar, The Rendition Project, https://www.therenditionproject.org.uk/prisoners/belhadj_bouchar.html.

⁴¹⁸ Id.

⁴¹⁹ Id.

⁴²⁰ Ian Cobain, Special Report: Rendition Ordeal that Raises New Questions About Secret Trials, Guardian (April 8, 2012), https://www.theguardian.com/world/2012/apr/08/special-report-britain-rendition-libya.

⁴²¹ Fatima Boudchar, I Have a Few Questions for Gina Haspel, N. Y. Times (May 8, 2018), https://www.nytimes.com/2018/05/08/opinion/gina-haspel-questions-cia.html.

⁴²² Univ. of Kent, Abdel Hakim Belhadj and Fatima Bouchar, The Rendition Project, https://www.therenditionproject.org.uk/prisoners/belhadj_bouchar.html.

⁴²³ Id.

⁴²⁴ Id.

⁴²⁵ Id.

⁴²⁶ Id.

⁴²⁷ Id.

⁴²⁸ Delivered into Enemy Hands: US-Led Abuse and Rendition of Opponents to Gaddafi’s Libya, Human Rights Watch (2012), Section III, para. 7, https://www.hrw.org/report/2012/09/05/delivered-enemy-hands/us-led-abuse-and-rendition-opponents-gaddafis-libya.

⁴²⁹ Id.

⁴³⁰ Id.

⁴³¹ Id.

⁴³² Raphael, The Global CIA Rendition and Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), at 4.

⁴³³ NCCIT Detainee Spreadsheet p34/35.

⁴³⁴ See, e.g., Larry Siems, Inside the CIA’s black site torture room, Guardian (Oct. 9, 2017), https://www.theguardian.com/us-news/ng-interactive/2017/oct/09/cia-torture-black-site-enhanced-interrogation.

⁴³⁵ See, e.g., the Senate Report description of the treatment of Abu Zubaydah, p. 27-30; Mohamedou Ould Slahi’s description of his renditions from Jordan to Afghanistan and Afghanistan to Guantánamo Bay in Guantánamo Diary (Restored Edition) (2017); recently declassified cables concerning the torture of Abd Al-Rahim Al-Nashiri, available at National Security Archive, https://nsarchive.gwu.edu/briefing-book/foia-intelligence-torture-archive/2018-08-10/gina-haspel-cia-torture-cables-declassified; and the Univ. of N.C. School of Law: Hum. Rts. Pol’y Lab, Extraordinary Rendition and Torture Victim Narratives.

⁴³⁶ Univ. of N.C. School of Law: Hum. Rts. Pol’y Lab, Extraordinary Rendition and Torture Victim Narratives. at 519.

⁴³⁷ Id.

⁴³⁸ Id., beginning at 366.

⁴³⁹ Id.

⁴⁴⁰ Annabelle Timsit, What Happened at the Thailand ‘Black Site’ Run by Trump’s CIA Pick, Atlantic (Mar. 14, 2018), 1, https://www.theatlantic.com/international/archive/2018/03/gina-haspel-black-site-torture-cia/555539/.

⁴⁴¹ Id., at 1 and 5.

⁴⁴² NCCIT Detainee Spreadsheet p34/35 .

⁴⁴³ Sweden Implicated in Egypt’s Abuse of Suspected Militant, Human Rights Watch (May 4, 2008), https://www.hrw.org/news/2004/05/04/sweden-implicated-egypts-abuse-suspected-militant.

⁴⁴⁴ Louise Nordstrom (Associated Press), Egyptian deported by CIA gets residency in Sweden (July 4, 2012), San Diego Union Tribune, http://www.sandiegouniontribune.com/sdut-egyptian-deported-by-cia-gets-residency-in-sweden-2012jul04-story.html.

⁴⁴⁵ Abdel Hakim Belhadj and Fatima Boudchar, Reprieve U.S. http://reprieve.org/cases/abdul-hakim-belhaj-fatima-boudchar/.

⁴⁴⁶ Moazzam Begg, What Happened to Ibn al-Sheikh al-Libi?, Guardian (May 13, 2009), https://www.theguardian.com/commentisfree/libertycentral/2009/may/13/ibn-al-sheikh-al-libi (“Al-Libi was severely tortured, including by water-boarding, into confessing that al-Qaida was working with Saddam Hussain on obtaining chemical and biological weapons in order to kill Americans. This information was submitted to Colin Powell, the then US secretary of state, who argued the case for war against Iraq based heavily on this information .The US Defense Intelligence Agency (DIA) later opined that al-Libi’s information was not correct and that he had made the confession either under duress or to get better treatment. What the world knew by then was that there were no weapons of mass destruction in Iraq and that al-Qaida had no presence in Iraq until the 2003 invasion.”).

⁴⁴⁷ Sabrina Tavernise, Qaeda Operative Is Killed in Iraq, N. Y. Times (Sep. 26, 2006), https://www.nytimes.com/2006/09/26/world/middleeast/26iraq.html.

⁴⁴⁸ Univ. of Kent, Hassan Ghul, The Rendition Project, https://www.therenditionproject.org.uk/prisoners/hassan-ghul.html.

⁴⁴⁹ Communication from Margaret Satterthwaite, Att’y to Mr. Bashmilah and his widow, personal communication, to author (on file with author).

⁴⁵⁰ Dylan Welch, Secret Sum Settles Habib Torture Case, The Sydney Morning Herald (Jan. 8, 2011), https://www.smh.com.au/national/secret-sum-settles-habib-torture-compensation-case-20110107-19it1.html.

⁴⁵¹ Declan Walsh, Britain Apologizes for Role in Libyan Dissident’s CIA Nightmare, New York Times (May 10, 2018), https://www.nytimes.com/2018/05/10/world/europe/britain-libya-apology-cia-rendition-torture.html.

⁴⁵² U.S. Dept. of State, 2008 Country Report on Human Rights Practices: Sweden, https://www.state.gov/j/drl/rls/hrrpt/2008/eur/119107.htm.

⁴⁵³ Mohamedou Ould Slahi, Guantánamo Diary (Restored Edition) 253 (2017).

CHAPTER 5 : Rendition as Torture

⁵⁰⁰ Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, http://www.unhcr.org/4d9486929.pdf.

⁵⁰¹ Prof. Jayne Huckerby, Clinical Professor of Law & Director, Duke Law International Human Rights Clinic, Applying International Law to U.S. Torture and NC’s Role, Witness Testimony to N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁵⁰² See Memorandum from Central Intelligence Agency to Daniel Levin, Acting Assistant Att’y General, OLC, U.S. Dep’t of Justice, 2–3 (Dec. 30, 2004), https://www.thetorturedatabase.org/document/fax-cia-olc-providing-generic-description-cias-combined-use-various-interrogation-technique; OMS Guidelines on Medical and Psychological Support to Detainee Rendition, Interrogation, and Detention 1–3 (Dec. 2004), https://www.cia.gov/library/readingroom/docs/0006541536.pdf.

⁵⁰³ Memorandum from Central Intelligence Agency to Daniel Levin, at 2.

⁵⁰⁴ See, e.g., Mark Fallon, Former NCIS Investigator, Torture and Effective Interrogation, Witness Testimony to N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org; Col. Steven Kleinman, USAF (Ret.), Witness Testimony to N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁵⁰⁵ Khadija Anna Pighizzini, Wife of Abou Elkassim Britel, Survivor of CIA RDI Program, Witness Testimony to N.C. Comm. of Inquiry on Torture (Nov. 30, 2017) (translated from original Italian), http://www.nctorturereport.org.

⁵⁰⁶ See following notes 507-25 and accompanying text.

⁵⁰⁷ United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment art. 1, opened for signature Dec. 10, 1984, 1465 U.N.T.S. 85 (entered into force June 26, 1987) [hereinafter CAT].

⁵⁰⁸ Memorandum from Central Intelligence Agency to Daniel Levin, at 2-3.

⁵⁰⁹ Dr. Sam Raphael, Co-Founder, Rendition Project, The Global CIA Rendition and Torture Program, Witness Testimony to N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁵¹⁰ See Background Paper on CIA’s Combined Use of Interrogation Techniques, addressed to Daniel B. Levin, Acting Assistant Attorney General (Dec. 30, 2004), available at https://www.thetorturedatabase.org/document/fax-cia-olc-providing-generic-description-cias-combined-use-various-interrogation-technique; also cited as Memo to the Department of Justice Command Centre-Background Paper on CIA’s combined use of interrogation techniques (Dec. 30, 2004), Central Intelligence Agency, in Eur. Ct of Human Rights, El Masri v. the Former Yugoslav Republic of Macedonia judgment, at 39, https://www.opensocietyfoundations.org/sites/default/files/CASE_OF_EL-MASRI_v__THE_FORMER_YUGOSLAV_REPUBLIC_OF_MACEDONIA_0.pdf.

⁵¹¹ Center for Human Rights and Global Justice, Surviving the Darkness: Testimony from the U.S. ‘Black Sites’ 15 (2007), https://www.therenditionproject.org.uk/pdf/PDF%2040%20[CHRGJ-2007-12-REP%20Surviving%20the%20Darkness].pdf (condensed Declaration by Mohamed Farag Ahmad Bashmilah, C 07-2798-JW originally filed in the U.S. District Court for the Northern District of California).

⁵¹² Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition and Torture Victims Narratives (2017), at 349 (narrative of Jamil el-Banna), http://www.law.unc.edu/documents/academics/humanrights/extraordinaryrenditionandNC.pdf.

⁵¹³ Mohamedou Ould Slahi, former detainee, Witness Testimony to N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁵¹⁴ Id.

⁵¹⁵ Id.

⁵¹⁶ Prof. Deborah Weissman, Reef C. Ivey II Distinguished Professor of Law, University of North Carolina School of Law, Human Cargo: NC-Linked Renditions, Witness Testimony to N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁵¹⁷ Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition and Torture Victims Narratives, at 421 (narrative of Khaled el-Masri).

⁵¹⁸ Memorandum from Central Intelligence Agency to Daniel Levin.

⁵¹⁹ See Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition and Torture Victims Narratives (2017), http://www.law.unc.edu/documents/academics/ humanrights/extraordinaryrenditionandNC.pdf.

⁵²⁰ Dr. Katherine Porterfield, Effects of U.S. Torture on Mental Health of Survivors, Witness Testimony to the N.C. Commission of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org

⁵²¹ Id.

⁵²² 18 U.S.C. §2340 (1994).

⁵²³ Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition and Torture Victims Narratives, at 349 (narrative of Jamil el-Banna).

⁵²⁴ Id.

⁵²⁵ Center for Human Rights and Global Justice, at 22.

⁵²⁶ Dr. Katherine Porterfield, Effects of U.S. Torture on Mental Health of Survivors, Witness Testimony to the N.C. Commission of Inquiry on Torture.

⁵²⁷ nternational Convention for the Protection of All Persons from Enforced Disappearance, art. 2, Dec. 23, 2010, 2716 U.N.T.S. 3.

⁵²⁸ Cited in ACLU, European Court: U.S. Extraordinary Rendition ‘Amounted to Torture’ (Dec. 13, 2012), https://www.aclu.org/blog/national-security/european-court-us-extraordinary-rendition-amounted-torture.

⁵²⁹ UN Working Group on Arbitrary Detention, Opinion No. 29/2006, Mr Ibn al-Shaykh al-Libi and 25 other persons v. United States of America, UN Doc. A/HRC/4/40/Add.1 at 103 (2006), cited in European Court of Human Rights, El-Masri v. The Former Yugoslav Republic of Macedonia Judgment, p. 39, https://www.opensocietyfoundations.org/sites/default/files/CASE_OF_EL-MASRI_v__THE_FORMER_YUGOSLAV_REPUBLIC_OF_MACEDONIA_0.pdf.

⁵³⁰ International Covenant on Civil and Political Rights (ICCPR), Dec. 16, 1966, 999 U.N.T.S. 171.

⁵³¹ ee CAT, art. 3(1). Note that the U.S. Government did not contest the explicit prohibition on transfer to torture as found in Article 3 of CAT (Response of the United States of America, List of Issues to be Considered During the Examination of the Second Periodic Report of the United States of America (April 28, 2006), https://www.state.gov/j/drl/rls/68554.htm [hereinafter Response to CAT Questions] (responding to question 13)). Instead it asserted that “[t]he totality of U.S. treaty obligations with respect to non-refoulement for torture are contained in the obligations the United States assumed under the Convention Against Torture,” (Response to HRC Response of the United States of America, List of Issues to be Taken up in Connection with the Consideration of the Second and Third Periodic Reports of the United States of America (July 17, 2006), https://www.state.gov/j/drl/rls/70385.htm (responding to question 10) [hereinafter Response to HRC Questions]) and that the text of Article 3 of CAT only grants non-refoulement protection to individuals at risk of torture (id.). The U.S. asserts that non-refoulement obligations do not apply when the individual faces enforced disappearance (Response to CAT Questions, id., at question 17) or cruel, inhuman, or degrading punishment or treatment (Response to HRC Questions, id., at question 10). Additionally, the U.S. argues that: “Article 3 of the CAT does not impose obligations on the United States with respect to an individual who is outside the territory of the United States” (Response to CAT Questions, id., at question 13.)

⁵³² U.N. Human Rights Comm., General Comment 20: Article 7 (Prohibition of Torture, or Other Cruel, Inhuman, or Degrading Treatment or Punishment), ¶ 9, U.N. Doc. A/44/40 (March 10, 1992).

⁵³³ See International Convention for the Protection of All Persons from Enforced Disappearance, art. 16 (“No State Party shall expel, return (‘refouler’), surrender or extradite a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to enforced disappearance”); see also Declaration on the Protection of All Persons from Enforced Disappearance, art. 8, A/RES/47/133, Dec. 18, 1992.

⁵³⁴ Report of Martin Scheinin (Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental

^{Freedoms While Countering Terrorism), Manfred Nowak (Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Shaheen Sardar Ali (Vice-Chair of the Working Group on Arbitrary Detention), and Jeremy Sarkin (Chair of the Working Group on Enforced or Involuntary Disappearances), Joint study on global practices in relation to secret detention in the context of countering terrorism, ¶ 36, U.N. Doc. A/HRC/13/42 (May 20, 2010).}

⁵³⁵ Case of Othman (Abu Qatada) v. United Kingdom, Eur. Ct. H.R., App. No. 8139/09 ¶ ¶ 235, 258 (Jan. 17, 2012).

⁵³⁶ U.N. Human Rights Comm., General Comment No. 31, Nature of the General Legal Obligation on States Parties to the Covenant, CCPR/C/21/Rev.1/Add.13 ¶ 12 (2004).

⁵³⁷ U.N. Human Rights Comm., General Comment No. 20, Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment) HRI/GEN/1/Rev.9 (Vol. I) ¶ 6 (Mar. 10, 1992).

⁵³⁸ OHCHR, The principle of non-refoulement under international human rights law, https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-RefoulementUnderInternationalHumanRightsLaw.docx; U.N. Comm. Against Torture, General Comment No. 4, Implementation of article 3 of the Convention in the context of article 22, ¶ 9, Advanced Unedited Version (Feb. 9, 2018).

⁵³⁹ U.N. Comm. Against Torture, General Comment No. 4, at ¶ 10.

⁵⁴⁰ Agiza v. Sweden, Comm. No. 233/2003, ¶ 13.7, U.N. Doc. CAT/C/34/D/233/2003 (May 24, 2005).

⁵⁴¹ U.N. Human Rights Comm., Concluding Observations of the Human Rights Committee: United States of America, ¶ 16, U.N. Doc. CCPR/C/USA/CO/3/Rev.1 (Dec. 18, 2006).

⁵⁴² Martin Scheinin (Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism), Report Of The Special Rapporteur On The Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism Addendum: Mission To The United States Of America, ¶ 36, U.N. Doc. A/HRC/6/17/Add.3 (Nov. 22, 2007).

⁵⁴³ See, e.g., Prof. Deborah Weissman, Human Cargo: NC-Linked Renditions, Witness Testimony to the N.C. Commission of Inquiry on Torture; Univ. of N.C. School of Law: Human Rights Policy Lab, Extraordinary Rendition and Torture Victims Narratives.

⁵⁴⁴ Report of Leila Zerrougui (Chairperson-Rapporteur of the Working Group on Arbitrary Detention), Leandro Despouy (Special Rapporteur on the independence of judges and lawyers), Manfred Nowak (Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment), Asma Jahangir (Special Rapporteur on freedom of religion or belief), and Paul Hunt (Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health), Situation of Detainees at Guantánamo Bay, ¶ 55, U.N. Doc. E/CN.4/2006/120 (Feb. 27, 2006).

⁵⁴⁵ Id. at ¶ 222.

⁵⁴⁶ Case of El-Masri v. The Former Yugoslav Republic of Macedonia, Eur. Ct. H.R., App. No. 39630/09 (Dec. 13, 2012), ¶ 221.

⁵⁴⁷ The Court made similar findings in the Case of Husayn (Abu Zubaydah) v. Poland, Eur. Ct. H.R., App. no. 7511/13 (July 24, 2014), ¶¶ 513-514; Case of Al Nashiri v. Poland, Eur. Ct. H.R., App. No. 28761/11 (July 24, 2015), ¶¶ 518-519; Case of Abu Zubaydah v. Lithuania, Eur. Ct. H.R., App. No. 46454/11 (May 31, 2018), ¶643-44; Case of Al Nashiri v. Romania, Eur. Ct. H.R., App. No. 33234/12 (May 31, 2018), ¶678-79.

⁵⁴⁸ Case of El-Masri v. The Former Yugoslav Republic of Macedonia, Eur. Ct. H.R., App. No. 39630/09 ¶ 239 (Dec. 13, 2012).

⁵⁴⁹ Id.

⁵⁵⁰ Id. at ¶¶ 20-30.

⁵⁵¹ Id. at ¶240.

⁵⁵² Prof. Deborah Weissman, Human Cargo: NC-Linked Renditions, Witness Testimony to the N.C. Commission of Inquiry on Torture.

⁵⁵³ Id.

⁵⁵⁴ Case of El-Masri v. The Former Yugoslav Republic of Macedonia, at ¶ 240.

⁵⁵⁵ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role, Witness Testimony to the N.C. Commission of Inquiry on Torture.

CHAPTER 6 : Ongoing Challenges for Survivors

⁶⁰⁰ Dr. Katherine Porterfield, Effects of U.S. Torture on Mental Health of Survivors, Witness estimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁶⁰¹ Hyunjung Choi, Hoon-Jin Lee, Hwa-Young Lee, The Effects of Torture-Related Stressors on Long-Term Complex Post-Traumatic Symptoms in South Korean Torture Survivors, 52 Int’l J. Psychol. 57, 57-66 (2017).

⁶⁰² Matt Apuzzo, Sheri Fink & James Risen, How U.S. Torture Left a Legacy of Damaged Minds, N. Y. Times (Oct. 9, 2016), https://www.nytimes.com/2016/10/09/world/cia-torture-Guantánamo-bay.html.

⁶⁰³ Carol Rosenberg, Lawyer: ‘Sodomized’ Guantánamo captive recovering after surgery. Prison: No comment, Miami Herald (Oct. 15, 2016), https://www.miamiherald.com/news/nation-world/world/americas/Guantánamo/article108484372.html

⁶⁰⁴ Mohamedou Ould Slahi, former detainee, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁶⁰⁵ He has refused to undergo this procedure while shackled at Guantánamo in fear of his treatment there. Carol J. Williams, Guantánamo Detainee Refuses Heart Surgery, Seattle Times (Nov. 23, 2006), https://www.seattletimes.com/nation-world/guantnamo-detainee-refuses-heart-surgery/.

⁶⁰⁶ Effects of Torture, Ctr. for the Victims of Torture (Apr. 2015), https://www.cvt.org/sites/default/files/downloads/CVT%20Effects%20Torture%20April%202015.pdf.

⁶⁰⁷ Id.

⁶⁰⁸ Rona M. Fields, The Neurobiological Consequences of Psychological Torture, http://humanrights.ucdavis.edu/resources/library/documents-and-reports/Fields.pdf (last visited [Sept. 3, 2018]).

⁶⁰⁹ Khadija Anna Pighizzini, Wife of former detainee Abou Elkassim Britel, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017) (translated from original Italian), http://www.nctorturereport.org.

⁶¹⁰ See Matt Apuzzo, Sheri Fink, & James Risen, How U.S. Torture Left a Legacy of Damaged Minds, N. Y. Times (Oct. 9, 2016), https://www.nytimes.com/2016/10/09/world/cia-torture-Guantánamo-bay.html.

⁶¹¹ Martha Rayner, Captured, Tortured, and Left to Rot at Gitmo, Reason (Nov. 2016), http://reason.com/archives/2016/10/22/captured-tortured-and-left-to/3

⁶¹² Khadija Anna Pighizzini, Witness Testimony to the N.C. Comm. of Inquiry on Torture.

⁶¹³ Fault Lines, The Dark Prisoners: Inside the CIA’s Torture Programme, Al Jazeera (Sept. 14, 2016), https://www.aljazeera.com/indepth/features/2016/03/dark-prisoners-cia-torture-programme-160326051331796.html

⁶¹⁴ Dr. Katherine Porterfield, Witness Testimony.

⁶¹⁵ Id.

⁶¹⁶ Amnesty International, Justice for Dad, Vimeo (2010), https://vimeo.com/8735508 (interviewing family members of Jamil el-Banna and Omar Deghayes).

⁶¹⁷ International Convention for the Protection of All Persons from Enforced Disappearances, Dec. 20, 2006, 2716 U.N.T.S. 3 (online version/copy found at https://ihl-databases.icrc.org/applic/ihl/ihl.nsf/Treaty.xsp?action=openDocument&documentId=8FA7B12BDE34D1DFC1257E2700449699).

⁶¹⁸ Pardiss Kebriaei, Life After Guantánamo: A Father and Son’s Story, Harper’s Mag. (Apr. 2015), https://harpers.org/archive/2015/04/life-after-Guantánamo. For a summary of transfers of detainees once held at Guantánamo Bay, see The Guantánamo Docket, N. Y. Times (May 2, 2018), https://www.nytimes.com/interactive/projects/Guantánamo.

⁶¹⁹ Arun Rath, ‘Out of Gitmo’: Released Guantánamo Detainee Struggles In His New Home, NPR (Feb. 21, 2017), https://www.npr.org/2017/02/21/516441733/out-of-gitmo-released-Guantánamo-detainee-struggles-in-his-new-home.

⁶²⁰ Mozzam Begg in Conversation with Binyam Mohamed, Cage (June 20, 2010), https://www.cage.ngo/moazzam-begg-conversation-binyam-mohamed.

⁶²¹ The Guantánamo Docket, N. Y. Times (May 2, 2018), https://www.nytimes.com/interactive/projects/Guantánamo (accessed July 12, 2018).

⁶²² Mohamedou Ould Slahi, Witness Testimony to the N.C. Comm. of Inquiry on Torture.

⁶²³ Kwasi Kpodo, Ghana Says Cannot Deport Yemeni Ex-Guantánamo Detainees, Reuters (Jan. 24, 2018), https://www.reuters.com/article/us-ghana-yemen/ghana-says-cannot-deport-yemeni-ex-Guantánamo-detainees-idUSKBN1FD2FJ.

⁶²⁴ Anna Hopkins, Beyond Gitmo: The Lonely Existence of Former Guantánamo Bay Prisoners Who Have Been Released and Shipped to Rebuild Their Lives in Foreign Countries Without a Phone, Bank Account or Driver’s License, Daily Mail (Nov. 12, 2017), http://www.dailymail.co.uk/news/article-5075633/Former-Guantánamo-Bay-prisoners-lives-revealed.html.

⁶²⁵ See, e.g., Khadija Anna Pighizzini, Witness Testimony to the N.C. Comm. of Inquiry on Torture.

⁶²⁶ James Risen, After Torture, Ex-Detainee is Still Captive of ‘The Darkness,’ N. Y. Times (Oct. 12, 2016), https://www.nytimes.com/2016/10/12/world/cia-torture-abuses-detainee.html?action=click&contentCollection=World&module=RelatedCoverage®ion=EndOfArticle&pgtype=article.

⁶²⁷ Scott Shane, Amid Details on Torture, Data on 26 Who Were Held in Error, N. Y. Times (Dec. 12, 2014), https://www.nytimes.com/2014/12/13/us/politics/amid-details-on-torture-data-on-26-held-in-error-.html. Note that at least one survivor (Khaled el-Masri) whom the CIA said it compensated, according to the SSCI report, denies he received funds. Souad Mekhennet, A German Man Held Captive in the CIA’s Secret Prisons Gives First Interview in 8 Years, Wash. Post (Sept. 16, 2015), https://www.washingtonpost.com/news/worldviews/wp/2015/09/16/a-german-man-held-captive-in-the-cias-secret-prisons-gives-first-interview-in-8-years/?utm_term=.f2a0b07a5fb5.

⁶²⁸ Communication from Margaret Satterthwaite, Att’y to Mr. Bashmilah and his widow, personal communication, to author (on file with author).

⁶²⁹ Id.

⁶³⁰ Hannah Choe, Natalie Deyneka, Kenneth Jennings, Caitlin McCartney, Stephanie Mellini, Jessica Ra, Cory Wolfe, & Deborah M. Weissman, Brief in Support of Abou Elkassim Britel’s Request for Reparations and an Official Apology for Extraordinary Rendition and Torture (June 2015), http://www.law.unc.edu/documents/academics/humanrights/britelbrief.pdf

⁶³¹ See The Guantánamo Docket, N.Y. Times (May 2, 2018); see also Miami Herald Staff, Who’s Still Held at Guantánamo, Miami Herald (Aug. 8, 2018), https://www.miamiherald.com/news/nation-world/world/americas/Guantánamo/article2203501.html.

⁶³² Lt. Col. Sterling Thomas, defense counsel for Ammar al Baluchi, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁶³³ Id.

⁶³⁴ Id.

⁶³⁵ Laura A. Wilkinson, Stephen Scott Roehm, Brief of Amicus Curiae Center for Victims of Torture in Support of Petitioners’ Habeas Corpus Motion, Al Bihani v. Trump, No. 1:09-cv-00745-RCL (Dist. D.C. Jan. 24, 2018), https://www.justsecurity.org/wp-content/uploads/2018/01/CVT-Amicus-Brief.pdf (accessed July 12, 2018).

⁶³⁶ Id. See similar observations in a study examining effects of prolonged detention of asylum seekers in Australia: more than three years after release with visa guaranteeing legal status, all participants were struggling to rebuild their lives. See Guy J. Coffey, Ida Kaplan, Robyn C. Sampson, Maria Montagna, The Meaning and Mental Health Consequences of Long-Term Immigration Detention for People Seeking Asylum, 70 Soc. Sci. and Med. 2070–79 (2010).

⁶³⁷ Brief of Amicus Curiae Center for Victims of Torture in Support of Petitioners’ Habeas Corpus Motion, Al Bihani v. Trump, No. 1:09-cv-00745-RCL (Dist. D.C. Jan. 24, 2018).

⁶³⁸ Id.

⁶³⁹ Id.

⁶⁴⁰ Id.

⁶⁴¹ Id.

CHAPTER 7 : Costs and Consequences of the CIA’s Torture and Rendition Program

⁷⁰⁰ S. Sel. Comm. on Intel., Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program: Executive Summary, 108 n.632 (Comm. Print 2012, updated 2014) [hereinafter Senate Report: Executive Summary], https://fas.org/irp/congress/2014_rpt/ssci-rdi.pdf. An additional example recounts that “[a]fter CIA interrogators ‘demonstrated the penalty for lying,’ al-Barq again stated that ‘I made the anthrax’ and then immediately recanted, and then again stated that he made anthrax. Two days later, al-Barq stated that he had lied about the anthrax production ‘only because he thought that was what interrogators wanted.’” Id. at 83 n.442. The report also notes that “numerous detainees fabricated information while being subjected to the interrogation techniques.” Id. at 433.

⁷⁰¹ Senate Report, 300, 393, 433.

⁷⁰² Moazzam Begg, What happened to Ibn al-Sheikh al-Libi?, Guardian (May 13, 2009), https://www.theguardian.com/commentisfree/libertycentral/2009/may/13/ibn-al-sheikh-al-libi.

⁷⁰³ Id. ; Senate Report, at 141 n.857. Supposed intelligence about Iraq’s connections to al-Qaeda was supported by a false confession made by Ibn al-Sheikh al-Libi under torture. The purpose of al-Libi’s interrogation was to connect al-Qaeda with Saddam Hussein in order to justify the invasion of Iraq which, based on al-Libi’s confession, Secretary Powell did at the UN in February 2003. This specific rendition and torture were accomplished at the direction of Vice President Richard Cheney’s office, in conjunction with Undersecretary of Defense for Policy Douglas Feith’s Office of Special Plans in the Pentagon. It is now well known that Saddam Hussein’s government in Iraq no longer had any weapons of mass destruction stored in stockpiles by the time Iraq was invaded in 2003 and that Iraq had almost no connections with al-Qaeda and thus with the attacks on September 11, 2001. (Commissioner Larry Wilkerson, personal observation).

⁷⁰⁴ Senate Report: Executive Summary (2014).

⁷⁰⁵ Julian E. Barnes and Scott Shane Cables Detail CIA Waterboarding at Secret Prison Run by Gina Haspel, New York Times (Aug. 10, 2018), https://www.nytimes.com/2018/08/10/us/politics/waterboarding-gina-haspel-cia-prison.html.

⁷⁰⁶ What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration: Hearing Before the Subcomm. On Admin. Oversight & the Courts of the S. Comm. on the Judiciary, 111th Cong. (2009) (statement of Ali Soufan, former FBI counterterrorism agent), https://www.judiciary.senate.gov/imo/media/doc/soufan_testimony_05_13_09.pdf.

⁷⁰⁷ Col. Steven M. Kleinman, USAF Retired, Torture and Effective Interrogation, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁷⁰⁸ Id.

⁷⁰⁹ Id.

⁷¹⁰ See generally Bill Harlow, editor, Rebuttal: The CIA Responds to the CIA Senate Intelligence Committee’s Study of Its Detention and Interrogation Program (Bill Harlow ed., 2015).

⁷¹¹ S. Select Comm. on Intel., Committee Study of the CIA’s Detention and Interrogation Program: Findings and Conclusions, 15 (Comm. Print 2012, updated 2014) [hereinafter Senate Report: Findings and Conclusions], https://fas.org/irp/congress/2014_rpt/ssci-rdi.pdf.

⁷¹² American Civil Liberties Union , A Call to Courage: Reclaiming Our Liberties Ten Years After 9/11 13 (September 2011), https://www.aclu.org/files/assets/acalltocourage.pdf.

⁷¹³ Douglas A. Johnson, Alberto Mora, & Averill Schmidt, The Strategic Costs and Consequences of U.S. Torture, Foreign Affairs (Sept./Oct. 2016), https://www.foreignaffairs.com/articles/united-states/strategic-costs-torture.

⁷¹⁴ The Constitution Project, The Report of the Constitution Project’s Task Force on Detainee Treatment 278-79 (2013), https://www.opensocietyfoundations.org/sites/default/files/constitution-project-report-on-detainee-treatment_0.pdf.

⁷¹⁵ Douglas A. Johnson, Alberto Mora, Averell Schmidt, The Strategic Costs of Torture: How “Enhanced Interrogation” Hurt America, Rebuttal Foreign Affairs (September/October 2016), https://www.foreignaffairs.com/articles/united-states/strategic-costs-torture.

⁷¹⁶ Id.

⁷¹⁷ Id.

⁷¹⁸ Human Rights First, Al-Qaeda and ISIS Use Guantánamo Bay Prison in Propaganda and Materials (September 2017), https://www.humanrightsfirst.org/sites/default/files/AQ-ISIS-Propaganda-Use-of-Gitmo-Issue-Brief.pdf.

⁷¹⁹ Johnson et. al, The Strategic Costs of Torture: How “Enhanced Interrogation” Hurt America, at 124.

⁷²⁰ Senate Report: Findings and Conclusions, at 7.

⁷²¹ Human Rights Watch, No More Excuses: A Roadmap to Justice for CIA Torture (Dec. 1, 2015), https://www.hrw.org/report/2015/12/01/no-more-excuses/roadmap-justice-cia-torture.

⁷²² Alberto Mora, frmr. General Counsel to the Department of the Navy, The Strategic Costs and Consequences of Torture, Witness Testimony to the N.C. Comm. Of Inquiry on Torture (Dec. 1 2017), http://www.nctorturereport.org.

⁷²³ Senate Report: Executive Summary, at 110-111, 120.

⁷²⁴ Id.

⁷²⁵ See Human Rights Watch, The Guantánamo Trials, https://www.hrw.org/Guantánamo-trials; see also Lisa Hajjar, How Government Secrecy on Torture Has Stymied the 9/11 Terror Prosecution, in The Nation (July 19, 2018), https://www.thenation.com/article/government-secrecy-torture-stymied-9-11-terror-prosecution/.

⁷²⁶ Hajjar, How Government Secrecy on Torture Has Stymied the 9/11 Terror Prosecutions.

⁷²⁷ Carol Rosenberg, Behind Closed Doors, Guantánamo Secret Court Talks about the CIA, Torture and Rights, McClatchey (July 18, 2018), https://www.mcclatchydc.com/news/nation-world/national/national-security/article214381804.html.

⁷²⁸ Sterling Thomas, Witness Testimony to the N.C. Comm. of Inquiry on Torture.

⁷²⁹ Steven M. Watt, ACLU attorney, Overview of Accountability Efforts in U.S. Courts on Behalf of Victims and Survivors of the CIA’s Torture Program, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁷³⁰ Alberto Mora, The Strategic Costs and Consequences of Torture, Witness Testimony to the N.C. Comm. of Inquiry on Torture.

⁷³¹ See, e.g., Dr. David P. Gushee, Distinguished University Professor of Christian Ethics at Mercer University, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), and Abdullah Antepli, Imam and Chief Representative of Muslim Affairs at Duke University, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Nov. 30, 2017), http://www.nctorturereport.org.

⁷³² Alfred W. McCoy, In the Shadows of the American Century: The Rise and Decline of US Global Power 106 (2017)

⁷³³ Memorandum from Jay S. Bybee, Assistant Attorney Gen., to Alberto R. Gonzales, Counsel to the President, Standards of Conduct for Interrogations under 18 U.S.C. §§ 2340–2340A, 1 (Aug. 1, 2002), http://news.findlaw.com/nytimes/docs/doj/bybee80102mem.pdf.

⁷³⁴ Letter from Dr. Maha Hilal, Michael Ratner Fellow, Institute for Policy Studies, to the N.C. Comm’n of Inquiry on Torture (July 2018) (on file with author and addressee) [hereinafter Letter from Dr. Hilal].

⁷³⁵ Somini Sengupta, Torture Can Be Useful, Nearly Half of Americans in Poll Say, N. Y. Times (Dec. 5, 2016), https://www.nytimes.com/2016/12/05/world/americas/torture-can-be-useful-nearly-half-of-americans-in-poll-say.html.

⁷³⁶ Shibley Telhami, Center for Middle East Policy at Brookings, American Attitudes Toward the Middle East (2016) https://www.brookings.edu/wp-content/uploads/2016/07/poll_presentation_FINAL.pdf.

⁷³⁷ Ishaan Tharoor, Trump’s Would-Be Secretary of State Has an Islamophobia Problem, Wash. Post (Apr. 12, 2018), https://www.washingtonpost.com/news/worldviews/wp/2018/04/12/trumps-would-be-secretary-of-state-has-an-islamophobia-problem/?utm_term=.e3f873d0f827

⁷³⁸ Jane Mayer, Whatever It Takes: The Politics of the Man Behind “24,” New Yorker (Feb. 19, 2007), https://www.newyorker.com/magazine/2007/02/19/whatever-it-takes; Arun Kundnani, On Homeland, Islam Means Terror: TV’s One Major Muslim Character is a Secret Al-Qaeda Agent, Fair (Apr. 2014), https://fair.org/extra/on-homeland-islam-means-terror.

⁷³⁹ Letter from Dr. Hilal.

⁷⁴⁰ Alberto Mora, The Strategic Costs and Consequences of U.S. Torture, Witness Testimony.

⁷⁴¹ Senate Report: Findings and Conclusions, at 15.

⁷⁴² Press Release, European Court of Human Rights, Secret Rendition and Detention by the CIA in Poland of Two Men Suspected of Terrorist Acts (2014) (on file with author), http://www.statewatch.org/news/2014/jul/echr-poland-cia.pdf.

⁷⁴³ Lithuania and Romania Complicit in CIA Torture - European Court, BBC (May 31, 2018), https://www.bbc.com/news/world-europe-44313905.

⁷⁴⁴ Declan Walsh, Britain Apologizes for Role in Libyan Dissident’s C.I.A. Nightmare, N. Y. Times (May 10, 2108), https://www.nytimes.com/2018/05/10/world/europe/britain-libya-apology-cia-rendition-torture.html.

⁷⁴⁵ Ian Cobain & Ewen MacAskill. Criticism Mounts over UK’s Post-9/11 Role in Torture and Rendition, Guardian (June 28, 2018), https://www.theguardian.com/uk-news/.

⁷⁴⁶ Id.

⁷⁴⁷ Id.

⁷⁴⁸ See Intelligence and Sec. Comm. of Parliament, Report on Detainee Mistreatment and Rendition 2001-2010 (2018), (referencing eight individuals rendered by North Carolina’s Aero Contractors: Jamil el-Banna, Omar Deghayes, Mohammed Saad Iqbal Madni, Binyam Mohamed, Khaled Sheikh Mohammed, Abd al-Rahim al-Nashiri, Bisher al-Rawi, Abu Zubaydah); see also Cobain & MacAskill, Criticism Mounts over UK’s Post-9/11 Role in Torture and Rendition.

⁷⁴⁹ See e.g., Larry Siems, CIA Rendition Flights from Rustic North Carolina Called to Account by Citizens, Guardian (Jan. 17, 2018), https://www.theguardian.com/us-news/2018/jan/17/cia-rendition-flights-north-carolina-citizens-commission; Marc Thibodeau, Prisons secretes de la CIA: des citoyens luttent contre l’impunite des responables, La Presse (April 13, 2018), http://www.lapresse.ca/international/etats-unis/201804/13/01-5160872-prisons-secretes-de-la-cia-des-citoyens-luttent-contre-limpunite-des-responsables.php; Alexandra Moore, How the CIA’s Secret Torture Program Sparked a Citizen-Led Public Reckoning in North Carolina, The Conversation (April 13, 2018), http://theconversation.com/how-the-cias-secret-torture-program-sparked-a-citizen-led-public-reckoning-in-north-carolina-89342; and Joshua Hersh, These Amateur Sleuths Think They’ve Found CIA Black-Site Clues at a North Carolina Airport, Vice News (May 15, 2018), https://news.vice.com/en_us/article/pavd8m/these-amateur-sleuths-think-theyve-found-cia-black-site-clues-at-a-north-carolina-airport.

⁷⁵⁰ See More on $556,200 State Grant to Johnston Regional Airport, Johnstonian News (May 30, 2018), https://www.johnstoniannews.com/2018/05/30/more-on-556200-state-grant-to-johnston-regional-airport/. Also, documentation of NCDOT $150,000 grant to Johnston County Airport in 2009 for Block Grant Project 36237.28.9.1, Perimeter Fence and Access Control Systems, NC Stop Torture Now (on file with NCSTN).

⁷⁵¹ Allyson Caison, Johnston County resident and member of North Carolina Stop Torture Now, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

CHAPTER 8 : North Carolina Public Opposition to the RDI program, and Officials’ Responses

⁸⁰⁰ About NCSTN, N. C. Stop Torture Now, http://ncstn.org/content/about/ (last visited June 30, 2018).

⁸⁰¹ Id.

⁸⁰² See Chronology, N. C. Stop Torture Now, http://ncstn.org/content/chronology/ (last visited June 30, 2018) [hereinafter NCSTN Chronology]. For example, at the federal level, NCSTN and its allies held meetings with and/or sent letters to the following U.S. Congress members or their staff: Rep. Bob Etheridge (D-N.C., 2nd Dist.), Rep. Renee Ellmers (R-N.C., 2nd Dist.), Rep. Walter Jones (R-N.C., 3rd Dist.), Rep. Brad Miller (D-N.C., 13th District), Rep. David Price (D-N.C., 4th Dist.), and Rep. Melvin Watt (D-N.C., 12th Dist.). Id.

⁸⁰³ Statement on Torture Transparency, Accountability, and Restitution, N. C. Stop Torture Now (Apr. 28, 2009), http://www.ncstn.org/PDF_Archives/Statement%20on%20Accountability%2020090428.pdf.

⁸⁰⁴ See Letter from the N.C. Council of Churches to Sen. Richard Burr (Aug. 27, 2013) (on file with author). See also Aleta Payne, N.C. Council of Churches, NC Faith Leaders Call for Senator Burr to Support Release of Report on Torture, N.C. Council of Churches (Sept. 19, 2013), https://www.ncchurches.org/2013/09/nc-faith-leaders-call-sen-burr-support-releasing-torture-report/.

⁸⁰⁵ See, e.g., No Place for Torture Act, H.B. 1682, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007), http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?BillID=H1682&Session=2007); Crimes of Torture and Enforced Disappearance, H.B. 2417, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007), https://www2.ncleg.net/BillLookUp/2007/H2417.

⁸⁰⁶ Letter from N.C. Citizens to Rep. Price, Member, H. of Reps., Request for Congressional Action to Allow Survivors of Extraordinary Rendition to Obtain Redress (Aug. 2010), http://www.ncstn.org/PDF_Archives/LawsuitSummaryStatus2.pdf.

⁸⁰⁷ See NCSTN Chronology, http://ncstn.org/content/chronology/. They sent a “[l]etter requesting [an] Aero investigation . . .” to “[N.C.] Governor Easley, Attorney General Cooper, SBI Director Pendergraft, GTPA Board Vice-Chair Gene Conti, GTPA Executive Director Darlene Waddell, and NC General Assembly members,” as well as a “[l]etter . . . requesting investigation of Aero [Contractors] . . . to . . . GTPA board members: Commissioner of Agriculture Troxler, Secretary of State Moore, NC Community College System President Lancaster, and additional board members Holding, Whichard, Allison, Capel, and Sloan.” Id.

⁸⁰⁸ NCSTN Chronology, http://ncstn.org/content/chronology/.

⁸⁰⁹ NCSTN Chronology. See also Allyson Caison & Josh McIntyre, Torture and N.C. Culpability, News & Observer (Jan. 2, 2015), http://www.newsobserver.com/news/local/community/smithfield-herald/sh-opinion/article10209590.html.

⁸¹⁰ Id.

⁸¹¹ Joby Warrick, Ten Years Later, CIA ‘Rendition’ Program Still Divides N.C. Town, Wash. Post (Feb. 9, 2012), https://www.washingtonpost.com/world/national-security/ten-years-later-cia-rendition-program-still-divides-nc-town/2012/01/23/gIQAwrAU2Q_story.html?utm_term=.006d3abd67ea. See also NCSTN Chronology; Letter from Allyson Caison to Susan Doyle, Johnston City Dist. Att’y. (May 31, 2012) (on file with author). See generally Univ. of N.C. School of L., The North Carolina Connection to Extraordinary Rendition and Torture (2012), http://www.law.unc.edu/documents/clinicalprograms/finalrenditionreportweb.pdf (detailing Aero’s alleged role in rendition flights). See also Letter from Allyson Caison to Johnston C’ty Dist. Att’y Susan Doyle (May 31, 2012) (on file).

⁸¹² NCSTN Chronology. “The report” was a reference to a Committee Study of the C.I.A.’s detention and interrogation program. See S. Sel. Comm. on Intelligence, Committee Study of the Central Intelligence Agency’s Detention and Interrogation Program (2014) [Senate Report], https://fas.org/irp/congress/2014_rpt/ssci-rdi.pdf).

⁸¹³ See Scott Shane, Stephen Grey & Margot Williams, C.I.A. Expanding Terror Battle Under Guise of Charter Flights, N. Y. Times (May 31, 2005), http://www.nytimes.com/2005/05/31/us/cia-expanding-terror-battle-under-guise-of-charter-flights.html.

⁸¹⁴ Allyson Caison, Member of N.C. Stop Torture Now, Witness Testimony to the N.C. Comm. of Inquiry on Torture, NCCIT (Dec. 1, 2017), www.nctorturereport.org.

⁸¹⁵ Email from Christina Cowger to NC stop torture-New List (May 8, 2018) (on file with author).

⁸¹⁶ NCSTN Chronology.

⁸¹⁷ Letter from Allyson Caison to the Johnston Cty Airport Auth. (Oct. 20, 2008) (on file with author).

⁸¹⁸ NCSTN Chronology.

⁸¹⁹ Id.

⁸²⁰ Id.

⁸²¹ Id.

⁸²² NCSTN Chronology; see also Letter from Khadija Anna L. Pighizzini to Johnston C’ty Comm’rs (Sept. 15, 2011), http://www.ncstn.org/PDF_Archives/Letter2JohnstonCountyBoard_20110915.pdf.

⁸²³ See NCSTN Chronology.

⁸²⁴ Id.

⁸²⁵ See id.

⁸²⁶ Email from Christina Cowger to NC stop torture-New List (Apr. 26, 2018) (on file with author).

⁸²⁷ Email from Christina Cowger to NC stop torture-New List (May 8, 2018) (on file with author).

⁸²⁸ See NCSTN Chronology. See also Letter from ACAT-Germany & NCSTN to Chancellor Angela Merkel (July 16, 2007) (on file with author). Letter from ACAT-Germany & NCSTN to Condoleezza Rice, Sec’y of State, U.S. Dep’t of State (Aug. 6, 2007) (on file with author). Letter from ACAT-Germany & NCSTN to Alberto Gonzales, Att’y Gen., U.S. Dep’t. of Justice (Aug. 6, 2007) (on file with author). The letters to Gonzalez and Rice addressed the importance of cooperating in efforts to extradite “13 suspects for whom arrest warrants were issued by the Munich public prosecutors’ office in connection with an investigation into the alleged kidnapping, detention and torture of Mr. Khaled El-Masri, a German citizen.” Id. The letters also directly addressed Aero Contractors, Ltd. both by explaining that three of the 13 suspects were Aero Contractors, Ltd. employed pilots living in Johnston County and by urging them to “immediately direct the Federal Bureau of Investigation (FBI) to launch an investigation into the activities of Aero Contractors, Ltd.” Id. The letter to Merkel similarly asks that she “support the Munich public prosecutor in his lawful efforts toward clarification of the kidnapping of Mr. El Masri, and to formally request that the U.S. extradite the 13 suspects.” Id.

⁸²⁹ See Letter from Deborah Weissman, Reef C. Ivey II, Distinguished Professor of L., UNC Sch. of L. Hum. Rts. Policy Seminar, to Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Juan E. Méndez regarding the case of Abou Elkassim Britel (June 22, 2014) (on file with author).

⁸³⁰ See Letter from Chair-Rapporteur of the Working Group on Arbitrary Detention Seong-Phil Hong, Independent Expert on the promotion of a democratic and equitable international order Alfred De Zayas, Chair-Rapporteur of the Working Group on Enforced or Involuntary Disappearances Ariel Dulitzky, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Dainius Pūras, Special Rapporteur on the independence of judges and lawyers Gabriela Knaul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Ben Emmerson, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Juan E. Méndez, & Special Rapporteur on the promotion of truth, justice, reparation, and guarantees of non-recurrence Pablo De Grieff (June 3, 2015) (on file with author). The letter notes that “a communication with similar content” has also been addressed to the governments of Italy, Morocco, Pakistan and Portugal. Id.

⁸³¹ See NCSTN Chronology. See also, Peggy Lim, 14 Aero Protestors Found Guilty, News & Observer, Jan. 6, 2006, at B1.

⁸³² Michael Hewlett, Religious and veterans group urge Burr to support release of Senate report on torture, Winston-Salem J. (Jan. 16, 2014), https://www.journalnow.com/news/local/article_2ee53a36-58b4-504c-bacd-3025a333412c.html (referring to the Senate Report).

⁸³³ See NCSTN Chronology.

⁸³⁴ Id.

⁸³⁵ See Id.

⁸³⁶ NCSTN Chronology. See, e.g., Petition: Shine a Light on Claims of Kidnapping and Torture, Peace Booth at the N.C. State Fair (last visited June 30, 2018), http://www.ncpeacebooth.org/documents/2011/petitions-text.html.

⁸³⁷ NCSTN Chronology.

⁸³⁸ “The Truth About Rendition and Torture: An Inquiry in North Carolina,” Duke L. Sch. Hum. Rts. in Practice Series (Jan. 23, 2018).

⁸³⁹ See Caison & McIntyre, Torture and N.C. Culpability, News & Observer; Deborah Weissman & Robin Kirk, Shedding Light on N.C.’s ‘Rendition’ Connection, News & Observer, Jan. 15, 2012, at 19A.

⁸⁴⁰ See Group Wants Business Kicked Out of Kinston Industrial Park, Wral (May 2, 2006), http://www.wral.com/news/local/story/157670/.

⁸⁴¹ See Emery P. Dalesio, Citizens’ group seeks US accountability for CIA renditions, Associated Press (Dec. 8, 2017), https://apnews.com/a3f45458ce56406b830ec3d5ff324909; Larry Siems, CIA rendition flights from rustic North Carolina called to account by citizens, Guardian (Jan. 17, 2018), https://www.theguardian.com/us-news/2018/jan/17/cia-rendition-flights-north-carolina-citizens-commission; David M. Crane, The Stain of Torture, JURIST (Jun. 26, 2018), https://www.jurist.org/commentary/2018/06/david-crane-torture-stain/.

⁸⁴² See Resolutions Against Torture, In Support of NCCIT, NCSTN, http://ncstn.org/content/resources/resolutions-against-torture-in-support-of-nccit/ (last visited June 30, 2018).

⁸⁴³ See Proclamation: Human Rights and Bill of Rights Day, Mayor of the City of Durham (Dec. 19, 2016), http://ncstn.org/documents/Durham-2016.jpg.

⁸⁴⁴ See Minutes, Orange County Board of Commissioners Regular Meeting (Dec. 13, 2016), http://cms3.revize.com/revize/orangecounty/document_center/BOCCAgendaMinutes/170207.pdf.

⁸⁴⁵ See Resolution in Support of the North Carolina Commission of Inquiry on Torture, Town of Carrboro Board of Aldermen (Dec. 6, 2016), http://ncstn.org/documents/Carrboro-NC-Dec-6-2016.pdf.

⁸⁴⁶ See Tammy Grubb, Chapel Hill supports work to address NC role in torture, detention, News & Observer (Feb. 14, 2017), https://www.newsobserver.com/news/local/community/chapel-hill-news/article132669479.html.

⁸⁴⁷ Information provided by NCSTN (Aug. 7, 2017) (on file with author).

⁸⁴⁸ A Statewide Conference: Our responsibility to oppose the abuse of state power, Prison Books Collective (Apr. 28, 2012), https://prisonbooks.info/2012/04/24/a-statewide-conference-our-responsibility-to-oppose-the-abuse-of-state-power-moving-together-towards-a-more-humane-society/; Conference: Our Responsibility to Oppose The Abuse of State Power, Facebook (Apr. 28, 2012), https://www.facebook.com/events/119132394877511/ (listing participating organizations).

⁸⁴⁹ See A Statewide Conference: Our responsibility to oppose the abuse of state power, Prison Books Collective.

⁸⁵⁰ See NCSTN Chronology.

⁸⁵¹ Joby Warrick, Ten Years Later, CIA ‘Rendition’ Program Still Divides N.C. Town, Wash. Post (Feb. 9, 2012), https://www.washingtonpost.com/world/national-security/ten-years-later-cia-rendition-program-still-divides-nc-town/2012/01/23/gIQAwrAU2Q_story.html?utm_term=.6f52e7fb2287.

⁸⁵² Nash Dunn, Following Senate report, Johnston leaders tout reported CIA contractor as ‘good corporate citizen, News & Observer (Dec. 27, 2014), http://www.newsobserver.com/news/local/counties/johnston-county/article10205018.html.

⁸⁵³ See Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to Hon. Josh Stein, N.C. Att’y Gen. (May 24, 2017) (on file with author); Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to Hon. Susan Doyle, District Att’y, Judicial District 11B (May 24, 2017) (on file with author); Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to Johnston C’ty Airport Auth. (May 22, 2017) (on file with author); Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to County Comm’n of Johnston C’ty (May 22, 2017) (on file with author); Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to N.C. Global TransPark Auth. (May 24, 2017) (on file with author); Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to Hon. Roy Cooper, Governor of N.C. (May 24, 2017) (on file with author); Letter from Catherine Read, Exec. Dir., NCCIT, On Behalf of the Comm’rs of the Comm’n to Hon. Steve Bizzell, Sheriff of Johnston C’ty (May 22, 2017) (on file with author).

⁸⁵⁴ See Letter and accompanying documents from Sophia Campbell, Pub. Records Manager, N.C. Dep’t of Transp. to Catherine Read, Exec. Dir., NCCIT (July 6, 2017) (on file with author); Letter and accompanying documents from Sophia Campbell, Pub. Records Manager, N.C. Dep’t. of Transp. to Catherine Read, Exec. Dir., NCCIT (Dec. 20, 2017) (on file with author); Letter and accompanying documents from Philip Lanier, Airport Dir., Johnston C’ty Reg’l Airport, to Catherine Read, Exec. Dir., NCCIT (Feb. 8, 2018) (on file with author).

⁸⁵⁵ Email from Paula G. Woodard, Clerk to the Bd., Johnston C’ty to “Ms. Read,” Exec. Dir., NCCIT (Aug. 1, [2017]) (on file with author).

⁸⁵⁶ Letter from Susan I. Doyle, Johnston C’ty Dist. Att’y to Catherine Read, Exec. Dir., NCCIT (June 12, 2017) (on file with author).

⁸⁵⁷ Email from Charles Epstein, Pub. Records, to Catherine Read, Exec. Dir., NCCIT (Feb. 19, 2018) (on file with author); Follow-up email from Christina Cowger, NCSTN, to Charles Epstein, Pub. Records (Apr. 18, 2018) (on file with author); Email from Charles Epstein, Pub. Records, to Christina Cowger, NCSTN (Apr. 18, 2018) (on file with author) (stating he “will go through . . . records and look into it”).

⁸⁵⁸ Letter from Chair-Rapporteur of the Working Grp. on Arbitrary Detention Seong-Phil Hong, Indep. Expert on the promotion of a democratic and equitable international order Alfred De Zayas, Chair-Rapporteur of the Working Grp. on Enforced or Involuntary Disappearances Ariel Dulitzky, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Dainius Pūras, Special Rapporteur on the independence of judges and lawyers Gabriela Knaul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Ben Emmerson, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Juan E. Méndez, & Special Rapporteur on the promotion of truth, justice, reparation, and guarantees of non-recurrence Pablo De Grieff (June. 3, 2015) (on file with author).

⁸⁵⁹ Letter from Keith M. Harper to Chair-Rapporteur of the Working Grp. on Arbitrary Detention Seong-Phil Hong, Indep. Expert on the promotion of a democratic and equitable international order Alfred De Zayas, Chair-Rapporteur of the Working Grp. on Enforced or Involuntary Disappearances Ariel Dulitzky, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Dainius Pūras, Special Rapporteur on the independence of judges and lawyers Gabriela Knaul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Ben Emmerson, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Juan E. Méndez, & Special Rapporteur on the promotion of truth, justice, reparation, and guarantees of non-recurrence Pablo De Grieff (Aug. 3, 2015) (on file with author).

⁸⁶⁰ Email from Jennifer Russo, Marketing and Commc’ns Manager, N.C. Global TransPark Auth., to Darlene Waddell, Exec. Dir., N.C. Global TransPark Auth. and Sharon Acree, Legal Couns. (June 5-6, 2007) (on file with author).

⁸⁶¹ NCSTN Chronology. See also Group Wants Business Kicked Out of Kinston Industrial Park, WRAL (May 2, 2006), http://www.wral.com/news/local/story/157670/; Caison & McIntyre, Torture and N.C. Culpability.

⁸⁶² See NCSTN Chronology.

⁸⁶³ Information provided by NCSTN (Aug. 7, 2017) (on file with author).

⁸⁶⁴ Press Release, State of N.C., Off. of the Governor (Mar. 27, 2002), http://digital.ncdcr.gov/cdm/ref/collection/p16062coll5/id/1418 (“The Governor [Michael F. Easley] will serve as chair of the board.”). See also Press Release, State of N.C., Glob. TransPark Auth. (Aug. 9, 2007), http://www.nceast.org/files/8513/9964/8548/GTPPressRelease1.pdf.

⁸⁶⁵ See NCSTN Chronology. See also Barbara Koeppel, Aero’s Cloaks and Daggers, Consortium News (Aug. 26, 2006), http://www.consortiumnews.com/2006/082506a.html.

⁸⁶⁶ NCSTN Chronology.

⁸⁶⁷ Id. See also Letter from Rep. Luebke, et al., Members, H.R., to Robin Pendergraft, Dir. of the State Bureau of Investigation (Oct. 2, 2006), http://www.ncstn.org/PDF_Archives/GA2_PENDERGRAFT(SBI%20DIRECTOR)_20061002.pdf; Letter from seventeen State Reps. and five State Sens. to Roy Cooper, Att’y Gen. of N.C. (Jan. 18, 2007) (on file with author).

⁸⁶⁸ See Letter from Robin Pendergraft, Dir. of the State Bureau of Investigation, to Rep. Luebke, Member, H.R. (Oct. 17, 2006), http://www.ncstn.org/PDF_Archives/Pendergraft_Response_20061017.pdf. See also NCSTN Chronology.

⁸⁶⁹ NCSTN Chronology. See also Letter from Rep. Leubke et al., Members, H.R. and Senate, to Roy Cooper, N.C. Att’y Gen., Dep’t of Justice (Jan. 18, 2007), http://www.ncstn.org/PDF_Archives/GA2COOPER%20AERO%20FINAL%20VERSION.pdf.

⁸⁷⁰ Letter from J.B. Kelly, Gen. Couns., N.C. Att’y Gen. Off., to Rep. Luebke, Member, H.R. (Mar. 20, 2007), http://www.ncstn.org/PDF_Archives/CooperResponse20070320.pdf. See also NCSTN Chronology.

⁸⁷¹ See Federal Bureau of Investigation (Part II): Hearing Before the H. Comm. on the Judiciary, 110th Cong. (2008) (statement of Rep. Watt, Member, H. Comm. on the Judiciary), https://www.gpo.gov/fdsys/pkg/CHRG-110hhrg41904/html/CHRG-110hhrg41904.htm. See also NCSTN Chronology.

⁸⁷² Letter from Richard Powers, FBI Assistant Dir., Off. of Cong. Affairs, to Rep. Watt, Member, H. Comm. on the Judiciary (May 1, 2008), http://www.ncstn.org/PDF_Archives/FBI_ResponseToWatt.pdf. See also NCSTN Chronology.

⁸⁷³ Letter from Rep. Harrison, Rep. Jones, and Rep. Luebke to Rep. Butterfield, Rep. Miller, Rep. Price, and Rep. Watts (March 10, 2009), https://drive.google.com/drive/folders/1tLO7iy2sQ51Zj3BNb7BhcqBgk7EXTZtA.

⁸⁷⁴ See Information provided by NCSTN (Aug. 7, 2017) (on file with author). In 2002, Aero-operated N379P transported Abou Elkassim Britel from Pakistan to Morocco, with the plane departing from and returning to Johnston County Airport, N.C. See Rendition Circuit: 22-26 May 2002, Rendition of Abou Elkassim Britel, Pakistan to Morocco, The Rendition Project, https://www.therenditionproject.org.uk/flights/renditions/N379P-020522.html (last visited June 30, 2018).

⁸⁷⁵ Information provided by NCSTN (Aug. 7, 2017) (on file with author).

⁸⁷⁶ See No Place for Torture Act, H.B. 1682, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007), http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?BillID=H1682&Session=2007); see also Crimes of Torture and Enforced Disappearance, H.B. 2417, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007), http://www.ncleg.net/gascripts/BillLookUp/BillLookUp.pl?Session=2007&BillID=HB+2417&submitButton=Go.

⁸⁷⁷ Verla C. Insko, Democratic Whip, N.C. H.R., testimony before NCCIT public hearings (Dec. 1, 2017).

⁸⁷⁸ H.B. 1682, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007).

⁸⁷⁹ See NCSTN Chronology.

⁸⁸⁰ H.B. 1682, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007).

⁸⁸¹ NCSTN Chronology.

⁸⁸² NCSTN Chronology; H.B. 2417, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007). The bill was entitled “Crimes of Torture and Enforced Disappearance,” filed in the N.C. Gen. Assemb. on May 21, 2008, and re-referred to the Comm. on Appropriations on June 19, 2008.

⁸⁸³ H.B. 2417, 2007 Gen. Assemb., Reg. Sess. (N.C. 2007).

⁸⁸⁴ Verla C. Insko, Democratic Whip, N.C. H.R., NCCIT testimony (Dec. 1, 2017), https://www.youtube.com/watch?v=3qERpulS6cc.

⁸⁸⁵ NCSTN Chronology. See also Peggy Lim, 14 Aero Protestors Found Guilty.

⁸⁸⁶ Flyer, NCSTN, Human Rights Supporters Needed to Deliver Warrants to Aero Contractors for the CIA’s Torture Flights (for event on April 9, 2007) (on file with author). Citizens’ Warrant for Arrest, NCSTN, On behalf of the Citizens of N.C., the U.S., and Ger., Plaintiffs, v. Aero Contractors Ltd., Alias Capt. James Fairing, Alias Eric Matthew Fain, Alias Kirk James Bird, Defendants. In the U.S. Citizens’ Ct. N.C. (on file).

⁸⁸⁷ See NCSTN Chronology.

⁸⁸⁸ Information provided by NCSTN (Aug. 4, 2017) (on file with author).

⁸⁸⁹ Records obtained through public records request from NCDOJ, on file with NCCIT.

⁸⁹⁰ See Frank Goldsmith, Seeking Accountability for Torture, Trial Briefs 28-30 (October 2017), http://www.ncaj.com/docDownload/825628

⁸⁹¹ See Email from Julia White, Att’y Gen. Roy Cooper’s Senior Pol’y Advisor, to N.C. Dep’t of Just. colleagues (June 18, 2008) (on file with author). In reference to the anti-torture bill: “Also, as far as I know our office did not have input into the language of the bill (though in an unrelated bill the AG has requested the ability of state prosecutors to convene investigative grand juries for public corruption and child predators).” Id.

⁸⁹² Goldsmith, Seeking Accountability for Torture 28.

⁸⁹³ Presentation by NC SBI on “Public Official Misconduct Investigations” (April 7, 2014), https://www.ncleg.net/documentsites/committees/BCCI-6619/04-07-14/DOJ%20SBI%20Special%20and%20Financial%20Crime%20Investigations%204%202014%20comm.pdf.

⁸⁹⁴ Draft letter from J. B. Kelly to concerned state legislators obtained via public records request (January 18, 2007) (“Specifically the use of investigative grand juries, if permitted by the Legislature would be critical in ferreting out corruption and other illegal acts by government employees and contractors. If government contractors are engaged in illegal activities in North Carolina, we are prepared to assist the appropriate law enforcement agencies in investigating those matters and seeking justice. And we encourage you to ensure the state law enforcement agencies have the tools and resources to investigate and prosecute complex and often multi-jurisdictional crimes”).

⁸⁹⁵ NC Attorney General seeks new tools to fight public corruption, WBTV (2013), http://www.wbtv.com/story/20670438/ag-cooper-seeks-new-tools-to-fight-public-corruption.

⁸⁹⁶ See Presentation by N.C. State Bureau of Investigation on “Public Official Misconduct Investigations” (April 7, 2014), https://www.ncleg.net/documentsites/committees/BCCI-6619/04-07-14/DOJ%20SBI%20Special%20and%20Financial%20Crime%20Investigations%204%202014%20comm.pdf.

CHAPTER 9 : North Carolina’s Obligations under Domestic and International Law, the Basis for Federal and State Investigation, and the Need for Accountability

⁹⁰⁰ Memorandum from Jay S. Bybee, Assistant Att’y Gen., OLC, U.S. Dep’t of Justice, to Alberto R. Gonzales, Counsel to the President, Standards of Conduct for Interrogation under 18 U.S.C. §§ 2340-2340A 1 (Aug. 1, 2002), http://www.justice.gov/sites/default/files/olc/legacy/2010/08/05/memo-gonzales-aug2002.pdf (“Bybee I Memo”); Memorandum from Jay S. Bybee, Assistant Att’y Gen., OLC, U.S. Dep’t of Justice, to John Rizzo, Acting General Counsel of the CIA, Interrogation of al Qaeda Operative (Aug. 1, 2002), http://www.justice.gov/sites/default/files/olc/legacy/2010/08/05/memo-bybee2002.pdf (“Bybee II Memo”). See also Human Rights Watch, No More Excuses: A Roadmap to Justice for CIA Torture (Dec. 1, 2015), https://www.hrw.org/report/2015/12/01/no-more-excuses/roadmap-justice-cia-torture.

⁹⁰¹ See, e.g., Memorandum from Jay S. Bybee, Assistant Att’y Gen., OLC, U.S. Dep’t of Justice, to Alberto R. Gonzales, Counsel to the President, and William J. Haynes II, General Counsel of the Department of Defense (Jan. 22, 2002), https://www.justice.gov/sites/default/files/olc/legacy/2009/08/24/memo-laws-taliban-detainees.pdf.

⁹⁰² Bybee I Memo, at 1.

⁹⁰³ Approved techniques for Abu Zubaydah included waterboarding, the attention grasp, walling, the facial hold, the facial slap, cramped confinement, wall standing, stress positions, sleep deprivations, use of diapers, and use of insects (Bybee II Memo); see also Senate Report, at 36–37 (citing “Email, subject: EYESONLY- Where we stand re: Abu Zubaydah; date: July 26, 2002”).

⁹⁰⁴ Adam Liptak, The Reach of War: Penal Law; Legal Scholars Criticize Memos on Torture, N.Y. Times, (June 25, 2004), https://www.nytimes.com/2004/06/25/world/the-reach-of-war-penal-law-legal-scholars-criticize-memos-on-torture.html.

⁹⁰⁵ Johnny Dwyer, Bush Torture Memo Slapped Down by Court, Time (Nov. 3, 2008), http://content.time.com/time/nation/article/0,8599,1855910,00.html.

⁹⁰⁶ Office of Professional Responsibility, Investigation into the Office of Legal Counsel’s Memoranda Concerning Issues Relating to the Central Intelligence Agency’s Use of ‘Enhanced Interrogation Techniques’ on Suspected Terrorists, Department of Justice (2009), available at https://www.aclu.org/files/pdfs/natsec/opr20100219/20090729_OPR_Final_Report_with_20100719_declassifications.pdf; see also Marc Ambinder, ‘Poor Judgment’ – Yoo, Bybee, and the Torture Memos, Atlantic (Feb. 19, 2010), https://www.theatlantic.com/politics/archive/2010/02/-poor-judgment-yoo-bybee-and-the-torture-memos/36276/.

⁹⁰⁷ See, e.g., Memorandum from Central Intelligence Agency to Daniel Levin, Acting Assistant Att’y Gen., OLC, U.S. Dep’t of Justice (Dec. 30, 2004), https://www.thetorturedatabase.org/document/fax-cia-olc-providing-generic-description-cias-combined-use-various-interrogation-technique.

⁹⁰⁸ Exec. Order 13491, 3 C.F.R. 199 (2010).

⁹⁰⁹ Prof. Jayne Huckerby, Clinical Professor of Law & Director, Duke Law International Human Rights Clinic, Applying International Law to U.S. Torture and NC’s Role, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁹¹⁰ The United States ratified the ICCPR in 1992. Status Of Ratification Interactive Dashboard, United Nations Office of the High Commissioner for Human Rights, http://indicators.ohchr.org/ (last accessed on July 15, 2018).

⁹¹¹ The United States ratified the CAT in 1994. Id.

⁹¹² Prof. Deborah Weissman et al., Univ. of N.C. School of Law: Human Rights Policy Lab, Understanding Accountability for Torture: The Domestic Enforcement of International Human Rights Treaties (2016- 2017), http://www.law.unc.edu/documents/academics/humanrights/understanding-accountability-for-torture.pdf. See also Professor Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role, Witness Testimony to the N.C. Comm. of Inquiry on Torture.

⁹¹³ U.S. Human Rights Council, Role of local government in the promotion and protection of human rights – Final report of the Human Rights Council Advisory Committee, ¶ 21, A/HRC/30/49 (Aug. 7, 2015).

⁹¹⁴ 138 Cong. Rec. S4781-01 (“[T]he United States declares that the provisions of Articles 1 through 27 of the Covenant are not self-executing.”); Cong. Rec. S17486-01 (“[T]he United States declares that the provisions of Articles 1 through 16 of the Convention are not self-executing.”).

⁹¹⁵ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role, Witness Testimony to the N.C. Comm. of Inquiry on Torture. See also Restatement (Fourth) of Foreign Relations (Am. Law Inst., Tentative Draft No. 2, March 20, 2017) § 110(1) (“Whether a treaty provision is self-executing concerns how the provision is implemented domestically and does not affect the obligation of the United States to comply with it under international law.”); Restatement (Fourth) of Foreign Relations (Am. Law Inst., Tentative Draft No. 1, March 22, 2016) § 101(3) (“These limitations [including the self-execution doctrine] concern only the domestic enforcement of treaties and do not limit the extent to which the treaties are binding on the United States under international law.”).

⁹¹⁶ See also U.S. reservations, declarations, and understandings, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Cong. Rec. S17486-01 (daily ed., Oct. 27, 1990), http://hrlibrary.umn.edu/usdocs/tortres.html; U.S. reservations, declarations, and understandings, International Covenant on Civil and Political Rights, 138 Cong. Rec. S4781-01 (daily ed., April 2, 1992), http://hrlibrary.umn.edu/usdocs/civilres.html).

⁹¹⁷ See U.N. Human Rights Comm., U.N. Human Rights Committee, Consideration of Reports Submitted by States Parties Under Article 40 of the Covenant, Addendum: United States of America, ¶ 4, HRI/CORE/1/Add.49 (July 29, 1994) (“This provision [federalism understanding] is not a reservation and does not modify or limit the international obligations of the United States under the Covenant.”); U.N. Comm. Against Torture, Consideration of Reports Submitted by States Parties Under Article 19 of the Convention, Addendum: United States of America, ¶ 20, CAT/C/28/Add.5 (Feb. 9, 2000) (“[T]he “federalism” understanding does not detract from or limit the substantive obligations of the United States under the Convention.”); U.N. Comm. on Elimination of Racial Discrimination, Consideration of Reports Submitted by States Parties Under Article 9 of the Convention, Addendum: United States of America, ¶ 167, CERD/C/351/Add.1 (Oct. 10, 2000) (“It is important to stress that this [federalism] understanding is not a reservation. It does not condition or limit the international obligations of the United States.”).

⁹¹⁸ U.N. Committee Against Torture, U.N. Comm. Against Torture, Consideration of Reports Submitted by States Parties Under Article 19 of the Convention, Addendum: United States of America, ¶ 20, CAT/C/28/Add.5 (Feb. 9, 2000).

⁹¹⁹ See, e.g., United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment art. 2(2), opened for signature Dec. 10, 1984, 1465 U.N.T.S. 85 (entered into force June 26, 1987; Committee against Torture, UN Doc. No. CAT/C/XXVII/Misc.7, Nov. 22, 200. See also Committee Against Torture U.N. Doc. No. A/52/44, ¶ 258 (1997) (“[A] State party to the Convention [against Torture] . . . is precluded from raising before [the] Committee [against Torture] exceptional circumstances as justification for acts prohibited by article 1 of the Convention. This is plainly expressed in article 2 of the Convention.”); Committee Against Torture, U.N. Doc. No. A/51/44, paras.180-222 (1997), Inquiry under Article 20 (same).

⁹²⁰ See, e.g., U.N. Human Rights Comm., General Comment No. 20, Article 7 (Prohibition of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment) HRI/GEN/1/Rev.9 (Vol. I) ¶ 9 (Mar. 10, 1992).

⁹²¹ See, e.g., International Convention for the Protection of All Persons from Enforced Disappearance, art. 1(2), Dec. 23, 2010, 2716 U.N.T.S. 3; Declaration on the Protection of All Persons from Enforced Disappearance G.A. Res. 47/133, art. 7, Dec. 18, 1992.

⁹²² See, e.g., U.N. Human Rights Comm., General Comment No. 31, Nature of the General Legal Obligation on States Parties to the Covenant, CCPR/C/21/Rev.1/Add.13 ¶ 10 (2004); U.N. Comm. Against Torture, General Comment No. 2, Implementation of Article 2 by States Parties, CAT/C/GC/2 ¶¶ 7, 16 (2008); Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), I.C.J. Reports 2005, p. 168, at ¶¶ 216-217.

⁹²³ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role.

⁹²⁴ See, e.g., U.N. Human Rights Comm., General Comment No. 31, ¶ 11.

⁹²⁵ Reply of the Government of the United States of America to the Report of the Five UNCHR Special Rapporteurs on Detainees in Guantánamo Bay, Cuba, 22 (Mar. 10, 2006), https://www.state.gov/documents/organization/98969.pdf.

⁹²⁶ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role.

⁹²⁷ Id.

⁹²⁸ Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 1.

⁹²⁹ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role.

⁹³⁰ Id.

⁹³¹ Id.

⁹³² See International Covenant on Civil and Political Rights (ICCPR), art. 7, Dec. 16, 1966, 999 U.N.T.S. 171. (“[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.”).

⁹³³ See, e.g., U.N. Comm. Against Torture, General Comment No. 2, ¶ 1 (“the absolute and non-derogable character of this prohibition has become accepted as a matter of customary international law.”).

⁹³⁴ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role.

⁹³⁵ U.N. Comm. Against Torture, General Comment No. 2.

⁹³⁶ Cong. Rec. S4781-01.

⁹³⁷ Cong. Rec. S17486-01 (“[T]he United States considers itself bound by the obligation under Article 16 to prevent ‘cruel, inhuman or degrading treatment or punishment,’ only insofar as the term ‘cruel, inhuman or degrading treatment or punishment’ means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States.”).

⁹³⁸ Cong. Rec. S17486-01.

⁹³⁹ See, e.g., Memorandum from Central Intelligence Agency to Daniel Levin, Acting Assistant Att’y Gen.

⁹⁴⁰ Senate Report, Findings and Conclusions, at 4.

⁹⁴¹ Id.

⁹⁴² Id. at 3.

⁹⁴³ Id. at 4.

⁹⁴⁴ Id.

⁹⁴⁵ Id.

⁹⁴⁶ U.N. Comm. Against Torture, Conclusions and recommendations of the Committee against Torture: United States, ¶ 24 CAT/C/USA/CO/2 (July 25, 2006). See also U.N. Comm. Against Torture, Concluding observations on the combined third to fifth periodic reports of the United States of America, ¶ 11, CAT/C/USA/CO/3-5 (Dec. 16, 2014), where ”the U.N. again “expresse[d] grave concern over the extraordinary rendition, secret detention and interrogation programme operated by the United States Central Intelligence Agency (CIA) between 2001 and 2008, which comprised numerous human rights violations, including torture, ill-treatment and enforced disappearance of persons suspected of involvement in terrorism-related crimes.”

⁹⁴⁷ Case of Al Nashiri v. Poland, Eur. Ct. H.R., App. No. 28761/11 (July 24, 2015), ¶ 514.

⁹⁴⁸ Id. at ¶ 515.

⁹⁴⁹ Id. at ¶ 516. Similarly, in the Case of Husayn (Abu Zubaydah) v. Poland, Eur. Ct. H.R., App. no. 7511/13 (July 24, 2014), ¶511 (holding “it is immaterial whether in Poland the applicant was interrogated or ‘only’ debriefed as both procedures served the same purpose, the only difference being that the former had recourse to physically aggressive methods and the latter to the relatively lesser physical abuse combined with psychological pressure. In any event, both caused deep fear, anxiety and distress arising from the past experience of inhuman and degrading treatment in the hands of the interrogators, inhuman conditions of detention and disorientation of a detainee. In view of the foregoing, the Court concludes that the treatment to which the applicant was subjected by the CIA during his detention in Poland at the relevant time amounted to torture within the meaning of Article 3 of the Convention.”).

⁹⁵⁰ See International Convention for the Protection of All Persons from Enforced Disappearance. See generally Human Rights Council, Report of the Working Group on Enforced Disappearances: Addendum: Best practices on enforced disappearances in domestic legislation, U.N. Doc. A/HRC/16/48/Add.3 (Dec. 28, 2010).

⁹⁵¹ United States Written Response to Questions Asked by the Committee Against Torture, Question 17 (Apr. 28, 2006).

⁹⁵² U.N. Human Rights Comm., General Comment No. 6, Article 6 (Right to Life), ¶ 4 (Apr. 30, 1982).

⁹⁵³ Joint Study, at ¶¶ 18-19.

⁹⁵⁴ Id. at 2-3.

⁹⁵⁵ Id. at 3.

⁹⁵⁶ Id. at ¶ 9.

⁹⁵⁷ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role.

⁹⁵⁸ International Covenant on Civil and Political Rights, art. 2.

⁹⁵⁹ Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 14.

⁹⁶⁰ Steven Watt, Senior Staff Attorney, ACLU Human Rights Program, Accountability Through the Courts; Prospects for Legal Redress, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁹⁶¹ Id.

⁹⁶² Id.

⁹⁶³ Id.

⁹⁶⁴ Prof. Jayne Huckerby, Applying International Law to U.S. Torture and NC’s Role.

⁹⁶⁵ United States Attorney Manual (USAM) 9-2.001

⁹⁶⁶ USAM 9-2.000, Authority of the U.S. Attorney in Criminal Division Matters/Prior Approvals. The U.S. Attorney’s broad authority to investigate is set out in USAM 9-2.010. The official with this authority in eastern North Carolina is the United States Attorney for the Eastern District of North Carolina, located in Raleigh, NC.

⁹⁶⁷ USAM 9-2.001. This means, in the case of torture involving government officials or agents, the Attorney General will exercise the ultimate discretion whether to prosecute.

⁹⁶⁸ Id.

⁹⁶⁹ See, https://www.justice.gov/criminal-hrsp.

⁹⁷⁰ The War Crimes Act of 1996, 18 U.S.C. § 2441, criminalizes, among other things, “grave breach[es] of Common Article 3” of the Geneva Conventions, including torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily harm, and sexual assault or abuse. 18 U.S.C. § 2441(c)(3). However the scope of the statute is limited; “the person committing such war crime or the victim of such war crime [must be] a member of the Armed Forces of the United States or a national of the United States.” Id. In addition, except in the case of murder, war crimes generally are subject to a five-year statute of limitations. This statute overlaps the Torture Act; it seems unlikely that a U.S. Attorney would prosecute a charge under the War Crimes Act that he or she declined to prosecute under the Torture Act.

⁹⁷¹ The conspiracy provision of the Torture Act was not enacted until October 26, 2001, and as a result, conspiracy to commit torture can be charged only for conduct that occurred after that date, which is most of the RDI program.

⁹⁷² United States v. Belfast, 611 F.3d 783 (11th Cir. 2010). The defendant, charged as Roy Belfast, was Charles Taylor, Jr., the Boston-born son of former Liberian president Charles Taylor. After his father was elected president in 1997, Charles Taylor, Jr., became head of the Liberian National Police and the Anti-Terrorist Unit, an elite military unit; these organizations were notorious for their human rights abuses. The United States arrested Taylor Jr. at the Miami International Airport when he entered the country on a fraudulent passport, and he was indicted for torture, conspiracy to commit torture, and use of a firearm during the commission of a violent crime in connection with his activities as head of the Anti-Terrorist Unit. Among the specific acts charged were use of electric shocks on the genitals, burning victims with cigarettes and hot irons, and rubbing salt into the wounds of his victims. All of these acts took place in Liberia and all of the victims were foreign nationals. A Miami jury convicted Taylor Jr. on October 30, 2008, of torture, conspiracy to torture, and illegal use of a firearm in the commission of a violent crime. On appeal, the Court upheld the broad extraterritorial reach of the Torture Act, the application of the Act to U.S. Nationals who tortured foreign nationals outside the United States, and its application to U.S. nationals who conspired with others to commit such unlawful acts.

⁹⁷³ Pinkerton v. United States, 328 U.S. 640 (1946). The Court noted that a co-conspirator would not be liable for an offense committed by one of the co-conspirators that was not in furtherance of the conspiracy; an offense that did not come within the scope of the conspiracy; or an offense that was not reasonably foreseeable as a necessary or natural consequence of the conspiracy. 328 U.S. at 647. Liability for the substantive offenses committed by a co-conspirator exists if the government can prove (1) that the defendant was a member of the ongoing conspiracy at the time the offense was committed and (2) one of the other co-conspirators committed the substantive offense in furtherance of the criminal enterprise. If the co-conspirator assists in commission of the substantive offense, he or she also would be liable for the offense as an accomplice, independently of any unlawful agreement.

⁹⁷⁴ Under 18 U.S.C. § 2, an accomplice is a person who (1) had the specific intent to facilitate the commission of a crime by another person, (2) had the intent required by the substantive offense, and (3) assisted or participated in the substantive offense, where someone else (the principal) actually committed the underlying offense (whether the identity of the principal is known or not). The necessary intent can be inferred from the accomplices’ knowledge of the principal’s criminal conduct.

⁹⁷⁵ USAM 2474.

⁹⁷⁶ Id.

⁹⁷⁷ Under federal law, there must exist a guilty principal before accomplice liability attaches. However, the government does not have to prove that person’s identity, only that the underlying offense was committed by someone. USAM 2479. Nor is it necessary to show that the accomplice knew the identity of the principal. Id. The accomplice can be convicted even if the principal has not been tried or was acquitted.

⁹⁷⁸ 49 U.S.C. § 46506. An aircraft is “in flight” from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation. Id. at § 46501(1).

⁹⁷⁹ Under 18 U.S.C. § 1201, the kidnapping of a person that takes place within the special aircraft jurisdiction of the United States is also a federal offense, even if the offense occurs outside the United States. However, the victim must be “a foreign official, an internationally protected person, or an official guest [in the United States] as defined in 18 U.S.C. § 1116(b).” 18 U.S.C. § 1201(a)(4). None of the individuals kidnapped in this program was a “person” within the meaning of this provision.

⁹⁸⁰ In addition, Prof. Michael Struett argues that the RDI program clearly violated the U.S. Constitution, because the Bill of Rights places specific limits on the government’s use of coercive force. “Specifically,” Prof. Struett writes, “it requires that all persons detained should be brought before a judge, allowed to participate in their own defense, not be required to incriminate themselves, be judged by a jury of their peers, and not be subject to cruel and degrading treatment, including torture.” Prof. Michael Struett, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

⁹⁸¹ NC Gen. Stat. §7A-61 (“The district attorney shall . . . prosecute . . . all criminal actions . . . requiring prosecution in the superior and district courts of the district attorney’s prosecutorial district . . . .”).

⁹⁸² NC Gen. Stat. §114-2(3).

⁹⁸³ NC Gen. Stat. §§ 114-11.6 This provision creates the Special Prosecution Division in the Department of Justice and provides that attorneys in that Division, “shall be available to prosecute or assist in the prosecution of criminal cases when requested to do so by a district attorney and the Attorney General approves.”

⁹⁸⁴ NC Gen. Stat. § 143B-917 (“[S]worn law enforcement officers of the Bureau may give assistance to sheriffs, police officers, district attorneys, and judges when called upon by them and so directed.”). It is not clear whether the Attorney General can request the SBI to conduct investigations into alleged or suspected crimes under North Carolina law; this provision does not authorize such requests.

⁹⁸⁵ NC Gen. Stat. § 143B-919(a) (2015).

⁹⁸⁶ See, Southern Railway Co. v. Mecklenburg County, 231 N.C. 148, 150 (1949) (“The sheriff is the chief law enforcement officer of the county. . . . Yet it may not be gainsaid that the Legislature has authority to place any group of law enforcement officers in a county under the supervision of some other agency.”) See also, NC Gen. Stat. § 160A-285 (“As a peace officer, a policeman shall have within the corporate limits of the city all of the powers invested in law enforcement officers by statute and common law.”).

⁹⁸⁷ State v. Darroch, 305 N.C. 196 (1982).

⁹⁸⁸ 104 N.C. App. 298 (1991). North Carolina also has territorial jurisdiction to prosecute a continuing offense or a continuing criminal enterprise. A continuing offense is a “breach of the criminal law . . . which subsists for a definite period” or consists of numerous similar occurrences. State v. Manning, 139 N.C. App. 454, 467 (2000), aff’d per curiam, 353 N.C. 449 (2001). If any part of such a continuing offense takes place in North Carolina, the state has concurrent jurisdiction with other affected sovereigns. State v. Johnson, 212 N.C. 566, 570 (1937). N.C. Gen. Stat. § 14-7.20 provides that a person is guilty of the offense of a continuing criminal enterprise when the defendant:

a. commits any felony in G.S. Chapter 14 (which includes kidnapping, assault, and other crimes against persons),

b. that is part of a continuing series of violations of that Chapter,

c. undertaken in concert with five or more other persons,

d. over whom the person occupies a position of organizer, supervisor, or other position of management, and

e. the person obtains substantial income or resources from the continuing violations.

This provision arguably would apply to the managers of North Carolina-based Aero Contractors Limited, assuming they supervised five or more employees involved in the RDI program. However, a critical threshold question is whether the provision applies only if the Chapter 14 felonies are committed in North Carolina. One theory of liability is that these individuals are part of an enterprise that operates in North Carolina and within that enterprise they are accessories to felonies committed outside North Carolina. If such extraterritorial felonies count, the conduct carried out under the RDI program, during abductions, rendition flights, and torture and other mistreatment at the secret detention centers would constitute numerous felonies under Chapter 14, including kidnapping and assault.

⁹⁸⁹ Acts in furtherance of a conspiracy could include the storage, maintenance, fueling, pre-flight preparation, and loading of aircraft, the filing of flight plans, the landing and departure of aircraft in furtherance of the conspiracy, and any other acts necessary to the objective of extraordinary rendition.

⁹⁹⁰ The unlawful act does not have to be a criminal offense under North Carolina law. Thus, it arguably could involve violation of international norms, or of a federal statute, such as the federal prohibition on torture or the act that gives the United States jurisdiction over crimes committed during flights on aircraft based in the United States. Support for this broad proposition may be found in the fact that North Carolina’s habitual felony statute counts felonies committed in other jurisdictions, including under federal law.

⁹⁹¹ See State v. Morgan, 329 N.C. 654, 658 (1991); State v. Gallimore, 272 N.C. 528, 532 (1968).

⁹⁹² See State v. Goldberg, 261 N.C. 181, 203 (1964); State v. Drakeford, 104 N.C. App. 298 (1991).

⁹⁹³ As noted, it does not matter whether the unlawful agreement under which Aero and its agents acted was formed in North Carolina or outside the state.

⁹⁹⁴ NC Gen. Stat. § 14-39 provides that: (a) [a]ny person who shall unlawfully confine, restrain, or remove from one place to another, any other person 16 years of age or over without the consent of such person, or any other person under the age of 16 years without the consent of a parent or legal custodian of such person, shall be guilty of kidnapping if such confinement, restraint or removal is for the purpose of: * * * (3) Doing serious bodily harm to or terrorizing the person so confined, restrained or removed or any other person . . .

⁹⁹⁵ Steven Watt, Senior Staff Attorney, ACLU Human Rights Program, Accountability Through the Courts; Prospects for Legal Redress, Witness Testimony to the N.C. Comm. of Inquiry on Torture (Dec. 1, 2017), http://www.nctorturereport.org.

Appendix : A,B & C

^A1 Matt Tinoco, Want to Buy an Old CIA Rendition Jet? Mother Jones (Apr. 5, 2017), http://www.motherjones.com/politics/2017/04/cia-rendition-plane-for-sale/.

^A2 FAA Documents for N313P, https://www.documentcloud.org/documents/3523182-FAA-Registration-for-33010.html (last visited July 15, 2018). See, e.g., Giovanni Claudio Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, Eur. Parliament, Working Document No. 4, Doc. 617722EN 2 (June 1, 2006), http://www.europarl.europa.eu/meetdocs/2004_2009/documents/dt/617/617722/617722en.pdf. “Both planes were belonging to Steven Express, another shell company” which was “taken over by a lawyer, on behalf of Devon Holding, once again a shell company.” Id.

^A3 FAA Documents for N313P.

^A4 Id.

^A5 Complaint El-Masri Khaled El-Masri v. George J. Tenet, 437 F. Supp. 2d 530 (E.D. Va. 2006) (No. 1:05-cv-01417-TSE-TR) (“ACL was contracted by defendant PETS to operate the above-mentioned Boeing business jet, and specifically to transport plaintiff from Skopje, Macedonia to detention and interrogation in Afghanistan.”); id. at para 33 (“Aviation documents show that a Boeing business jet owned by defendant PETS and operated by defendant ACL, then registered by the FAA as N313P.”); Amnesty International, USA: Below the Radar: Secret flights to Torture and “Disappearance,” 23 (Apr. 4, 2006),

^A6 See, e.g., Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, at 2. “The other plane, the Boeing 737, was sold to Keeler and Tate Management, once again shell company without premises, without website, whose only property was the Boeing 737.” Id.

^A7 Aircraft Profile: N313P-N4476S, The Rendition Project, https://www.therenditionproject.org.uk/flights/aircraft/N313P.html (last visited July 15, 2018). See also Amnesty International, USA: Below the Radar: Secret flights to Torture and “Disappearance,” at 23, http://www.amnesty.eu/en/news/statements-reports/eu/torture/usa-below-the-radar-secret-flights-to-torture-and-disappearance-0168/#.W44C5ehKi-4. “Flight records show that the plane flew from Skopje to Kabul, touching down in Baghdad, on 24 January 2004, the day Khaled el-Masri was transferred from Macedonia to Afghanistan. Both planes had previously been registered by Stevens Express Leasing and Amnesty International has landing declarations showing that both continued to identify Stevens Express as their operator in 2003 and 2004. Stevens Express has an office address in Tennessee, but no actual premises, although it currently appears in US Federal Aviation Administration (FAA) records as the operator of four planes. Stevens Express was in turn incorporated by the same lawyer listed as the official representative of Devon Holding, another company identified with rendition flights. Premier Executive Transport ceased operations in late 2004; the Boeing’s ownership was transferred in November 2004 to Keeler and Tate Management, another non-existent front company with no other planes, no website and no premises. A few days later, the Gulfstream was transferred to Bayard Foreign Marketing, a company whose named corporate officer, Leonard Bayard, cannot be found in any public record.” Id.

^A8 FAA Documents for N313P.

^A9 Matt Tinoco, Want to Buy an Old CIA Rendition Jet?

^A10 FAA Documents for N313P.

^A11 Tinoco, Want to Buy an Old CIA Rendition Jet?

^A12 FAA Documents for N313P,

^A13 Amnesty International, USA: Below the Radar: Secret flights to Torture and “Disappearance,” at 34. See also Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, at 6.

^A14 FAA Documents for N313P.

^A15 Id.

^A16 Id.

^A17 Id.

^A18 Dana Priest, Jet is an Open Secret in Terror War, Wash. Post, Dec. 27, 2004, at A01. https://www.washingtonpost.com/archive/politics/2004/12/27/jet-is-an-open-secret-in-terror-war/260d0543-c0b5-4014-aeb1-969cab4ba5aa/?utm_term=.8f360afe937e.

^A19 Id.

^A20 Id.

^A21 Id.

^A22 N379P-N8068V-N44982, The Rendition Project. https://www.therenditionproject.org.uk/flights/aircraft/N379P.html

^A23 Priest, Jet is an Open Secret in Terror War.

^A24 Id.

^A25 N379P-N8068V-N44982, The Rendition Project; Fava, Temporary Committee on Alleged Use of European Countries by the CIA for the Transport and Illegal Detention of Prisoners, at 2. “Two days later the Premier Executive got rid of the aircraft and sold it to Bayard Foreign Marketing, another shell company. The name of the administrator, Leonard Bayard, has never been found in any public register.” Id.

^A26 Id.

^A27 N379P-N8068V-N44982, The Rendition Project.