New reports

The US National Counterterrorism Center (NCTC) annual report provides complete statistical information on the number of individuals, including US citizens and dual nationals, killed, injured or kidnapped by each terrorist group during 2008. In addition, it examines trends in person-borne improvised explosive device (PBIED) vs suicide vehicle-borne improvised explosive device (SVBIED) attacks and trends in Sunni high-fatality attacks.

European Commission proposals in response to Kadi

The European Commission has presented its eagerly anticipated proposal to amend the EC Regulation No 881/2002 implementing the UN ‘terrorist list’ in response to the ECJ’s Kadi and Al-Barakaat ruling of September 2008. COM(2009) 187 final summarizes the new procedure to the Council as follows:

Upon notification by the UN Sanctions Committee of a new listing decision and the statement of reasons, the Commission will take a provisional decision to freeze the funds and economic resources of the individual or entity concerned;

In parallel the Commission will send the statement of reasons to the individual or entity concerned without delay, in order to give him, her or it an opportunity to express his, her or its views;

The Commission will examine the views that have been expressed and consult an advisory committee of experts of the Member States before taking the final decision.

In order to ensure that fundamental rights are respected, it is also necessary to address the position of individuals and entities already listed. UN Security Council Resolution 1822 of 30 June 2008 foresees a review of all names included in the UN list on 30 June 2008. This UN review should be completed by 30 June 2010.

Given the subject-matter the United Nations or a third State may deem it necessary to provide classified information to the Community Institution in support of the decision made. A provision is proposed to provide clarity on the handling of such information.

A provision is also needed to provide clarity on the applicable rules for processing of personal data of listed individuals, and in particular for processing of data relating to offences, criminal convictions or security measures under this Regulation.

Read the full communication here.

Military official testifies that US drone attacks in Pakistan are backfiring

Georgetown SLB reports that David Kilcullen, a former Australian army officer who served in Iraq as a top advisor to U.S. Army Gen. David H. Petraeus, testified before Congress that the predator missile strikes aimed at Al Qaeda often go astray, enraging the people and threatening the Islamabad government, top military advisor testifies. He said that the strikes are creating more enemies than they eliminate.

Swedish newspaper says PM knew Sweden was used for rendition flights

The government led by former Prime Minister Göran Persson knew that Sweden was used as a transit destination for clandestine CIA flights transporting suspected terrorists, according to a report in the Expressen newspaper on Friday.

The Swedish defence forces conducted a secret surveillance operation in 2005 monitoring a US government plane at Stockholm Arlanda Airport.

“The assignment to carry out this operation came from the defence ministry to the defence forces,” according to an Expressen source who confirmed that the Swedish government harboured suspicions that the CIA was using so-called rendition flights to force people out of the USA against their will.

The surveillance team confirmed these suspicions and found that the CIA plane was filled with chained prisoners clad with black hoods and unable to move, the newspaper reports, citing several independent anonymous sources.

The Swedish defence forces on Friday confirmed to the newspaper that the surveillance operation took place.

“We have inspected the plane but make no further comment,” Roger Magnergård, press officer at the Swedish defence forces, said to Expressen.

The operation’s findings were reported back to the defence department, then headed by defence minister Leni Björklund, Expressen writes.

There is however no record of any formal protest lodged by the Swedish government to the US authorities.

Laila Freivalds, the Swedish foreign minister at the time, told the TT news agency in 2006 that the government was unaware of any CIA-backed activity in Sweden.

US asking Germany to accept 10 Guantanamo detainees

[JURIST] A spokesperson for the German Interior Ministry said Sunday that the US has asked Germany to take in up to 10 detainees from Guantanamo Bay. The US government reportedly asked Germany and other European nations to accept detainees who cannot go back to their home countries but have been given clearance for release by the US government. The German government, like other European countries, is open to the idea but is being cautious and intends to review the detainees files on a case-by-case basis. The request has stirred up some opposition among the German governing coalition members who believe that Germany should not get involved. In order to grant the US request to accept detainees, there must be approval by Germany’s 16 interior ministers.

Shabaab al-Mujahideen: Migration and Jihad in the Horn of Africa

The NEFA Foundation has released a new report by NEFA Senior Investigator Evan Kohlmann titled, “Shabaab al-Mujahideen: Migration and Jihad in the Horn of Africa.” The report is a comprehensive analysis of the Shabaab al-Mujahideen (“Mujahideen Youth”) Movement in Somalia, including sub-chapters on “The Early Years – Al-Ittihad al-Islami (AIAI) and ‘Blackhawk Down'”; “Ethiopia and the Ogaden War (1993-1997)”; “The Islamic Courts Union (ICU)”; “Rise of the Shabaab al-Mujahideen Movement”; “The Current Status of Shabaab and its Islamist Rivals”; “The Role of Foreign Fighters”; “Shabaab’s Propaganda Strategy and Media Infrastructure”; and, “Shabaab al-Mujahideen and the Issue of Ocean Piracy”.

Sison case returns to ECJ in ongoing challenge to EU terrorist blacklist

Sison is challenging his listing again at the ECJ (case T-341/07). Now he is challenging the accuracy and legitimacy of the ‘statement of reasons’ upon which the Council of the EU now bases its decision to freeze his assets and included him in the ‘terrorist list’. ECCHR press release here, summary of the case here.

Russian special forces describe ‘pulverisation’ technique to disappear and kill Chechens

Read the article in The Times here.

The men, decorated veterans of more than 40 tours of duty in Chechnya, said not only suspected rebels but also people close to them were systematically tracked, abducted, tortured and killed. Intelligence was often extracted by breaking their limbs with a hammer, administering electric shocks and forcing men to perform sexual acts on each other. The bodies were either buried in unmarked pits or pulverised.

Far from being the work of a few ruthless mavericks, such methods were widely used among special forces, the men said. They were backed by their superiors on the understanding that operations were to be carried out covertly and that any officers who were caught risked prosecution.

Andrei said he thought of his opponents not as human beings but as cockroaches to be squashed.

Vladimir said he had established a death squad that hunted down, tortured and executed more than 16 alleged militants in 2005. The squad’s commander would log a bogus mission in a faraway location in his unit’s official register to provide an alibi.

Andrei added: “What mattered most was to carry out this work professionally, not to leave evidence which could be traced back to us. Our bosses knew about such methods but there was a clear understanding that we should cover our tracks. We knew we’d be hung out to dry if we got caught.

“We are not murderers. We are officers engaged in a war against brutal terrorists who will stop at nothing, not even at killing children. They are animals and the only way to deal with them is to destroy them. There is no room for legal niceties in a war like this. Only those who were there can truly understand. I have no regrets. My conscience is clear.”