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Europeans Question How Far to Go in Combating Terrorism, American Debate May Follow

By Victor Comras

My colleague, Olivier Guitta , in an excellent blog posted January 23rd, posited an improved level of cooperation between the United States and Europe in combating terrorism. Considerable strides have been made since the March 2004 Madrid bombing to enhance intelligence sharing and other cooperation between the US and Europe. Yet, public support, in Europe, for such cooperation is beginning to wane. This stems in part from a series of allegations during the past six months that the United States may have gone too far on issues that touch on European and American civil and human rights sensibilities These concerns are reflected in the widely circulated Council of Europe Parliamentary Assemblys Report on allegations concerning rendition and secret prisons in Europe. The report prepared by Swiss Parliamentarian Dick Marty is highly critical of many of the tactics being used in the war on terrorism. His report focuses anew European public attention on issues related to rendition, secret prisons and questionable interrogation methods.

State Department Spokesman Sean McCormack pooh-poohed the report, but European governments are taking it more seriously. EU Justice Commissioner and Vice-President Franco Frattini, while reserving his own position on the report, has urged all European countries to closely review its content and to clarify their position with regard to the activities alleged therein. He noted that "it is highly unlikely that European governments, or at least their intelligence services, were unaware" of such activities.

Most European governments have, so far, refused to be drawn into the debate. They neither confirm, nor deny the allegations, noting that intelligence related matters must remain clothed in secrecy. But, these responses are not likely to make the issues go away. Press and parliamentary reactions in several European countries, including the UK, have put increased pressure on European governments to distance themselves from such actions.

Investigative reporters and opposition parliamentarians are likely to continue to hold their governments feet to the fire, regarding these allegations. The fact is that there are already a number of investigations underway across Europe concerning possible violations of European laws and human rights standards. These include charges that US agents may have broken local laws.
The Marty report draws specific attention to an alleged CIA abduction from Italy in 2003 of an Egyptian citizen, Abu Omar who was sent to Egypt for interrogation. He was subsequently released but complained of being tortured while in Egyptian hands. The Italian prosecutors office has gone so far as issuing arrest warrants against the CIA agents responsible. Similarly, German judicial authorities have launched an investigation into the case of a German citizen of Lebanese origin, Khaled al Masri, who was allegedly arrested by mistake in Macedonia and transported to Kabul for interrogation. The Polish Government and the Romanian Parliament also have enquiries underway as to whether the CIA maintained secret detention locations on their territories. The facts regarding all of these cases are unclear, but the negative public perception is very real.

The American public has been slower to take up the rendition/secret prison debate, but revelations of NSA eavesdropping on US citizen overseas calls, and allegations concerning the use of questionable interrogation methods bordering on torture, have already gotten some attention. Al Gores speech last week, the need for Congress to take some action on Patriot Act renewal before February 3rd, expected hearings on the NSA eavesdropping program, and new proposed anti-torture legislation may make all of these issues front page news here also during the coming days. And perhaps a true national debate on our tactics and methods might not be a bad thing at this important junction in our War on Terrorism.

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