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Context of 'April-May 2002: Habib Transferred to Guantanamo; Described in ‘Catastrophic’ Condition'

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The FBI extracts a full confession from L’Houssaine Kherchtou, also known as “Joe the Moroccan,” a member of the cell that bombed the US embassy in Nairobi, Kenya (see Late 1993-Late 1994 and 10:35-10:39 a.m., August 7, 1998). However, in contrast with methods used on al-Qaeda operatives after 9/11, he is not tortured and the FBI is at pains to treat him well.
Relaxing Surroundings, Respectful Treatment - FBI agent Jack Cloonan will later say of the initial interrogation, which took place in Morocco, “The setting was beautiful, it was this grand house with stables out back, gazelles bouncing in the background, palm trees, three-course meals.” Kherchtou had a relationship with the British intelligence service MI6 (see Mid-Summer 1998 and Shortly After August 7, 1998), but had broken off contact with it and has to be lured to Morocco, where his debriefing is headed by Patrick Fitzgerald. Cloonan will later describe the questioning: “We advised [Kherchtou] of his rights. We told him he could have a lawyer anytime, and that he could pray at any time he wanted. We were letting the Moroccans sit in on this, and they were dumbfounded.… The Moroccans said he’d never talk. He never shut up for 10 days.” Fitzgerald denies Kherchtou a plea bargaining agreement, and says he must plead guilty to conspiracy to murder, for which he may receive a life sentence, though Fitzgerald promises to ask the judge for leniency. However, Cloonan will later say, “His wife needed money for medical treatment in Khartoum, and al-Qaeda had failed to provide it.” It is Cloonan’s “in” with Kherchtou, who is also sure that the US will not torture him. When Kherchtou wavers, Cloonan steps in. As he recalls: “I said, ‘Joe, you understand English, so I’d like you to go out and pray on this with your two Moroccan brothers.’ I thought Fitzy was going to give birth. Joe went out and prayed and came back and said yes.” He provides the FBI with details of the plot and becoming a star witness at the trial (see September 2000). [American Prospect, 6/19/2005; Vanity Fair, 12/16/2008]
Invaluable Information - Kherchtou’s information, provided at a time when the US knows comparatively little about al-Qaeda, is, in Cloonan’s assessment, invaluable. “He told us about a lot of things,” Cloonan later says. “We learned how they recruited people, their front organizations, how they used NGOs [non-governmental organizations], false passports, what they thought about kidnapping, how they developed targets, did their surveillance, a day in the life of Osama bin Laden, what weapons they used, what vehicles they drove, who was the principal liaison with the Sudanese government, that there was a relationship between al-Qaeda and Hezbollah, how they did their training exercises, their finances, and their membership.” After the trial, he enters the witness protection program in the US. Four of his onetime associates will receive life sentences as a direct result of his information. [Vanity Fair, 12/16/2008]
FBI Use Kherchtou as Example of Successful Interrogation Tacticss - FBI officials will later compare this outcome favorably to procedures used by other US agencies after 9/11. For example, following the detainee abuse scandals after 9/11, FBI manager Tom Harrington will write that the FBI has “been successful for many years obtaining confessions via non-confrontational interviewing techniques.” Cloonan will later contrast Kherchtou’s treatment with that of al-Qaeda training manager Ibn al-Shaykh al-Libi in December 2001, when the US sent al-Libi to Egypt to be tortured and interrogated, but some of the information he provided there turned out to be false (see December 19, 2001 and January 2002 and After). [American Prospect, 6/19/2005]

Entity Tags: Patrick J. Fitzgerald, Jack Cloonan, Ibn al-Shaykh al-Libi, Federal Bureau of Investigation, Al-Qaeda, Thomas J. Harrington, L’Houssaine Kherchtou

Timeline Tags: Torture of US Captives, Complete 911 Timeline

According to several press reports, the CIA has set up a secret detention and interrogation center (see October 2001-2004) at Bagram Air Base in Afghanistan where US intelligence officers are using aggressive techniques on detainees. The captives—imprisoned in metal shipping containers—are reportedly subjected to a variety of “stress and duress” interrogation tactics. [Washington Post, 12/26/2002; New York Times, 3/9/2003] The detention facility at Bagram is a rusting hulk originally built by the Soviet Army as an aircraft machine shop around 1979, and later described by the New York Times as “a long, squat, concrete block with rusted metal sheets where the windows had once been.” It is retrofitted with five large wire pens and a half-dozen plywood isolation cells, and is dubbed the Bagram Collection Point, or BCP, a processing center for prisoners captured in Afghanistan and elsewhere. The facility typically holds between 40 to 80 prisoners before they are interrogated and screened for possible transfer to Guantanamo. [New York Times, 5/20/2005] Detainees are often forced to stand or kneel for hours, wear black hoods or spray-painted goggles for long periods of time, and stand or sit in awkward and painful positions. They are also reportedly thrown into walls, kicked, punched, deprived of sleep, and subjected to flashing lights and loud noises. [Washington Post, 12/26/2002; New York Times, 3/9/2003; Amnesty International, 8/19/2003] Some detainees tell of being “chained to the ceiling, their feet shackled, [and being] unable to move for hours at a time, day and night” (see December 5-9, 2002). [New York Times, 3/4/2003; New York Times, 9/17/2004] Psychological interrogation methods such as “feigned friendship, respect, [and] cultural sensitivity” are reported to be in use as well. For instance, female officers are said to sometimes conduct the interrogations, a technique described as being “a psychologically jarring experience for men reared in a conservative Muslim culture where women are never in control.” [Washington Post, 12/26/2002] Human rights monitors are not permitted to visit the facility. [Washington Post, 12/26/2002; Agence France-Presse, 12/29/2002] The US claims that the interrogation techniques used at Bagram do not violate international laws. “Our interrogation techniques are adapted,” Gen. Daniel McNeil claims in early March 2003. “They are in accordance with what is generally accepted as interrogation techniques, and if incidental to the due course of this investigation, we find things that need to be changed, we will certainly change them.” [Guardian, 3/7/2003]

Entity Tags: Daniel McNeil, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, War in Afghanistan

On October 29, 2001, an Australian citizen named Mamdouh Habib is arrested in Pakistan by Pakistani authorities, while traveling with two peripheral members of the al-Qaeda cell in Hamburg, Germany (see October 29, 2001). Over the next three weeks he is interrogated by three Americans. He is then taken to an airfield, where American individuals beat him up, cut off his clothes, and make him pose “while another [takes] pictures” with a foot on his neck. He is first taken to Bagram and from there flown to Egypt, where he spends the next six months in a six by eight foot cell and is forced to sleep on a concrete floor with one blanket. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file; Washington Post, 1/6/2005] According to Habib, the Australian high commission in Pakistan authorizes his transfer to Egypt. [Amnesty International, 9/2004 pdf file] During interrogations in Egypt, he is repeatedly kicked, punched, and beaten with a stick, rammed with an electric cattle prod, injected with unknown drugs, attacked with dogs, drenched with cold water, and deprived of sleep. Sometimes he is “suspended from hooks on the wall” with his feet on the side of a large metal rotating drum. When Habib fails to provide his interrogators with the answers they want, they throw a switch and “a jolt of electricity” goes through the drum, forcing Habib to “dance,” and making the drum rotate. Thus, “his feet constantly [slip], leaving him suspended by only the hooks on the wall.” Another technique used on Habib is to place him in ankle-deep water “wired to an electric current.” According to a petition Habib later files with a US District Court, his interrogators tell him that unless he confesses, they will “throw the switch and electrocute him.” Habib submits and gives false confessions. [Amnesty International, 9/2004 pdf file; Washington Post, 1/6/2005]

Entity Tags: Mamdouh Habib

Timeline Tags: Torture of US Captives

The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal.The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal. [Source: Martin Cleaver / Associated Press]Three young men from Tipton in the English West Midlands, all British citizens, find themselves detained in Afghanistan by the Northern Alliance. [Guardian, 8/4/2004] Shafiq Rasul, of Pakistani descent, and a temporary employee with Currys, flew to Pakistan in October 2001 [Guardian, 3/10/2004] in order, he claims, “to visit relatives…, explore his culture, and continue his computer studies.” While in Pakistan, he was seized “after leaving a visit with his aunt.” Asif Iqbal, a factory worker, traveled to Pakistan with the intention “to marry a woman from his father’s small village.” [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] Shortly before the marriage was to take place, Iqbal told his father he wanted to visit a friend in Karachi. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] While still in Pakistan, he too was captured. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] The third man from Tipton, Rhuhel Ahmed, is a friend of Iqbal, also a factory worker and is the same age. Ahmed flew to Pakistan shortly after his friend. [Guardian, 3/10/2004] In 2007, Ahmed will confess that he visited an Islamist training camp and also handled weapons and learned how to use an AK47. [Observer, 6/3/2007] The three narrowly escape death when they are loaded along with almost 200 others into containers for transport to Sheberghan prison. The journey takes almost eighteen hours, during which almost all die due to lack of oxygen and shot wounds caused by Northern Alliance troops who at one point riddle the containers with bullets. Asif is shot in the arm. The three are among the only 20 prisoners who survive. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Asif Iqbal, Northern Alliance, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

Wisam Ahmed, a young Jordanian who runs a clothes shop, traveled to Pakistan with his wife and newborn child for an annual religious pilgrimage in August 2001. As they are leaving for home, his bus is stopped at a checkpoint in Iran. Ahmed is forcibly removed because, as he later says, “they associated [my] headdress with al-Qaeda and must have overlooked the fact that it was also my national dress.” Through a process that will remain unexplained, the Iranian government turns Ahmed over to the US. In March 2002, Ahmed is immured in an Afghan prison he will call the “Dark Prison.” He will describe “unimaginable conditions that cannot be tolerated in a civilized society,” and spends 77 days there in a room that “was so dark that we couldn’t distinguish nights and days. There was no window, and we didn’t see the sun once during the whole time.” He is then moved to “Prison Number Three,” where the food is so bad he loses a significant amount of weight, and then transferred to Bagram Air Force Base for a 40-day stint, where the torture truly begins. According to his later statements, Ahmed is threatened by attack dogs, forced to watch torture videos, and intimidated in other ways. He later recalls: “[T]hey used to start up an electric saw and while they were sawing we would hear cries of agony. I thought they would cut me into pieces sooner or later.” He is later transferred to Guantanamo, where he will remain. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Wisam Ahmed

Timeline Tags: Torture of US Captives

As soon as terror suspect Tarek Dergoul arrives at Bagram, he is subjected to treatment that he later describes as sexually humiliating. “When I arrived, with a bag over my head, I was stripped naked and taken to a big room with 15 or 20 MP’s. They started taking photos and then they did a full cavity search. As they were doing that they were taking close-ups, concentrating on my private parts.” Dergoul sees other prisoners enduring beatings, which he is spared. “Guards with guns and baseball bats would make the detainees squat for hours, and if they fell over from exhaustion, they’d beat them until they lost consciousness. They called it ‘beat down.’” Dergoul is interrogated 20 to 25 times at Bagram. Once, a team from the British intelligence agency MI5 is present, at which occasion he is told his family’s assets will be seized. His interrogators accuse him of fighting with al-Qaeda in the Tora Bora mountains. Although he says none of that is true, Dergoul finally breaks. “I was in extreme pain from the frostbite and other injuries and I was so weak I could barely stand. It was freezing cold and I was shaking and shivering like a washing machine. The interrogators, who questioned me at gunpoint, said if I confessed I’d be going home. Finally I agreed I’d been at Tora Bora—though I still wouldn’t admit I’d ever met bin Laden.” [Guardian, 3/13/2004; Observer, 5/16/2004]

Entity Tags: Osama bin Laden, Al-Qaeda, UK Security Service (MI5), Tarek Dergoul

Timeline Tags: Torture of US Captives, War in Afghanistan

In Kandahar, American soldiers call out a number of prisoners including Shafiq Rasul (see November 28, 2001). He has a sack placed over his head and his wrists and ankles are shackled. Someone, “for no reason,” hits him on the back of his head with a handgun. During the night, he stays with about 20 other detainees in a tent with a wet floor, and “no bed or mattress or anything.” The next morning, Asif Iqbal and Rasul, both recall, have their clothes cut off and their beards and heads shaven. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Taken outside, naked, shackled, and hooded, Rasul hears dogs nearby and soldiers shouting, “Get ‘em boy.” In another tent, something is painfully forced into his anus. He and the others are then given orange uniforms, and new handcuffs are attached to a chain around their waists and cuffs around their ankles. The cuffs, according to Rasul, are “extremely tight and cut into my wrists and ankles.” Next, they are donned with mittens, ear-muffs, blacked-out goggles, and a sort of surgical mask. Rasul is then made to sit down outside in the freezing cold on the ground “for hours and hours, perhaps nine or ten altogether,” not allowed to move. At last Rasul, Iqbal, and about 40 other prisoners are led aboard a cargo plane, and chained on benches with no back. Any movement is responded to with a kick. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Later on, the passengers’ hands will be tied to hand rests and their bodies held attached by a belt to the back of a chair. [Guardian, 12/3/2003] Their destination is unknown to them. During the flight, according to Iqbal, they receive an unusual luxury: “peanut butter and jelly sandwiches and orange slices.” At some point during the journey, more than halfway, the plane lands and the prisoners are transferred to another plane. As to where this is, the two Britons have no clue, but it is “obviously somewhere very hot.” Ahmed, who will come to Guantanamo one month later, makes a similar landing during the journey and is told by soldiers they have landed in Turkey. During the switch, a soldier stamps on the chain between Iqbal’s ankles, which is “extremely painful.” Two-and-a-half years later Rasul will still have scarring on his left arm from the tightness of the shackles during the flight. He also loses the feeling in his right hand for a long time because of it. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Around January 13, Iqbal and Rasul arrive at Guantanamo (see January 13, 2002).

Entity Tags: Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: Torture of US Captives, War in Afghanistan

From mid-January on, according to Rhuhel Ahmed (see November 28, 2001), the situation at Kandahar begins to deteriorate. “They kept moving us around from tent to tent. This went on all day and night so it was impossible to settle down for the night. They also shone powerful lights into the tents which made things worse.” At some point in February, Ahmed is awakened during the night every hour on the hour. He also suffers from isolation. “There were no cages in the tents but you were separated from the person next to you by barbed wire. You were not allowed to communicate with anyone in the tent. I started to feel crazy from the isolation…. My conversations with the soldiers were the only real relief I had because it was human contact.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed

Timeline Tags: Torture of US Captives, War in Afghanistan

Wesam Abdulrahman Ahmed al-Deemawi, a Jordanian national, is detained at the Bagram air base in Afghanistan for a period of 40 days. During this time, he is threatened with dogs, stripped naked, and photographed “in shameful and obscene positions.” In an affidavit, he alleges he is hung for two days from a hook inside a cage, while blindfolded. Occasionally he is given “breaks” of an hour. [Guardian, 2/18/2005]

Entity Tags: Wesam Abdulrahman Ahmed al-Deemawi

Timeline Tags: Torture of US Captives, War in Afghanistan

After six months in an Egyptian prison (see October 29, 2001-April 2002), Mamdouh Habib is flown to the Bagram air base in Afghanistan. Habib will arrive at Guantanamo the following month. [Washington Post, 1/6/2005] After his arrival there, according to the Tipton Three (see November 28, 2001, he bleeds from his nose, ears, and mouth when asleep. He receives no medical attention. They describe him as being “in catastrophic shape, mental, and physical.” At some time during his stay at Guantanamo, Habib is put in isolation at Camp Echo, where prisoners are deprived of natural light 24 hours a day. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Shafiq Rasul, Mamdouh Habib

Timeline Tags: Torture of US Captives

US troops raid two houses near Gardez in the village of Kirmati. Five Afghan men are arrested: Mohammad Naim and his brother Sherbat; Ahmadullah and his brother Amanullah; and Khoja Mohammad. They are tied up, blindfolded, and taken to Bagram. “They threw us in a room, face down,” Naim later recalls. After a while, they are separated and he is taken to another room and ordered to strip. “They made me take off my clothes, so that I was naked.… A man came, and he had some plastic bag, and he ran his hands through my hair, shaking my hair. And then he pulled out some of my hair, some hair from my beard, and he put it in a bag.” Human Rights Watch later says it believes this was done to build a DNA database. Mohammad Naim recalls his treatment as humiliating, especially being photographed naked. “The most awful thing about the whole experience was how they were taking our pictures, and we were completely naked. Completely naked. It was completely humiliating.” Sixteen days later, the five men are released. According to Sherbat, an American apologizes to them and promises they will be receive compensation. “But we never did,” he says a year later. An interpreter gives them the equivalent of 70 US cents to buy tea. When they return, they find their homes looted and most of their valuable possessions gone. On March 10, 2003, almost a year after his release, Ahmadullah says he suffers from continuing anxiety as a result of his experience. “When we were there [at Bagram], I was so afraid they were going to kill me. Even now, having come back, I worry they will come and kill me.… I have to take medication now just to sleep.” [Human Rights Watch, 2004]

Entity Tags: Human Rights Watch, Ahmadullah, Amadullah, Mohammad Naim, Sherbat Naim, Khoja Mohammad

Timeline Tags: Torture of US Captives, War in Afghanistan

On May 25, 2002, a Palestinian named Hussein Abdelkadr Youssouf Mustafa is arrested in Pakistan and spends ten days in the Khaibar prison. On June 4, he is flown to Bagram together with 34 other Arab prisoners. They are stripped naked and subjected to stress positions, sleep deprivation, beatings, and humiliation. “They made me stand on one leg in the sun,” he later recalls. “They wouldn’t let me sleep for more than two hours. We had only a barrel for a toilet and had to use it in front of everyone.” [Independent, 1/8/2005] He hears other detainees screaming, who he believes are being beaten. [Mother Jones, 3/2005] The same happens to him. “I was beaten severely,” he claims. He is also doused with cold water and subjected to cold air. “[W]ater was thrown on me before facing an air conditioner,” he will say. [Independent, 1/8/2005] On one occasion, he later recounts to British journalist Robert Fisk, “an American soldier took me blindfolded. My hands were tightly cuffed, with my ears plugged so I could not hear properly, and my mouth covered so I could only make a muffled scream. Two soldiers, one on each side, forced me to bend down, and a third pressed my face down over a table. A fourth soldier then pulled down my trousers. They rammed a stick up my rectum.” [Mother Jones, 3/2005] Nevertheless, he says, “My torture was even less than what they did to others.” [Independent, 1/8/2005]

Entity Tags: Hussein Abdelkadr Youssouf Mustafa

Timeline Tags: Torture of US Captives

Omar al-Faruq.Omar al-Faruq. [Source: Getty Images]On June 5, 2002, Omar al-Faruq, a top al-Qaeda senior operative in Southeast Asia, is captured in the town of Bogor, Indonesia, by Indonesian agents after receiving a tip from the CIA. Curiously, later in the year, A.C. Manulang, the recently retired head of the Indonesian intelligence agency, will suggest that al-Faruq was actually a CIA mole assigned to infiltrate Islamic radical groups. Manulang will claim that the bombings that took place in Indonesia were actually the work of anti-Islamic intelligence agencies. [Tempo, 9/19/2002] In any case, al-Faruq is flown to the CIA interrogation center at Bagram Air Base in Afghanistan where is subjected to months of intense interrogations. “It is likely, experts say, that… al-Faruq [was] left naked most of the time, his hands and feet bound. [He] may also have been hooked up to sensors, then asked questions to which interrogators knew the answers, so they could gauge his truthfulness,” the New York Times will later report. One Western intelligence official will tell the newspaper that al-Faruq’s interrogation was “not quite torture, but about as close as you can get.” For three months he is provided with very little food, subjected to sleep and light deprivation, prolonged isolation and temperatures ranging from 100 degrees to 10 degrees. On September 9, 2002, he reportedly breaks down and begins freely confessing all he knows (see September-October 2002). He provides information about “plans to drive explosives-laden trucks into American diplomatic centers [and] detailed information about people involved in those operations and other plots, writing out lengthy descriptions.” [New York Times, 3/9/2003]

Entity Tags: Omar al-Faruq

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A new interrogation unit arrives at the Bagram Collection Point (BCP), the improvised interrogation and holding facility at Bagram Air Force Base (see October 2001). The unit is headed by Lieutenant Carolyn Wood (see January 22, 2003-May 8, 2003), who leads a 13-man unit from the 525th Military Intelligence Brigade at Fort Bragg, NC. Wood’s unit is augmented by six Arabic-speaking reservists from the Utah National Guard. Many in the group, consolidated under Company A of the 519th Military Intelligence Battalion, are counterintelligence specialists with no background in interrogation. Only two of the soldiers have ever questioned actual prisoners. The training they receive is ad hoc and minimal. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, will later tell investigators, “There was nothing that prepared us for running an interrogation operation” like the one at Bagram. Nor are the rules of engagement clear. The platoon uses the standard interrogations guide, Section 34-52 of the Army Fleld Manual, and an order from Defense Secretary Rumsfeld to treat prisoners “humanely” and, when possible, within the strictures of the Geneva Conventions. But when President Bush determines in February 2002 that the Conventions do not apply to Taliban and al-Qaeda captives (see February 7, 2002), the interrogators decide they “could deviate slightly from the rules,” in the words of Utah reservist Sergeant James Leahy. “There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists,” Leahy will tell Army investigators. And the detainees, senior intelligence officers say, are to be considered terrorists until proved otherwise. One group of soldiers is later dubbed “the Testosterone Gang”; they decorate their tent with a Confederate flag, spend large amounts of time bodybuilding, and quickly earn a reputation as some of the most brutal of the soldiers at Bagram. [New York Times, 5/20/2005]

Entity Tags: US Department of the Army, Carolyn A. Wood, Donald Rumsfeld, Steven Loring, George W. Bush, James Leahy

Timeline Tags: Torture of US Captives

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Timeline Tags: Torture of US Captives

In Asadabad, Afghanistan, US troops arrest Haji Rohullah Wakil, a local leader, together with 11 of his associates. They are flown by helicopter to Bagram air base. [New York Times, 8/28/2002] One of Wakil’s associates, Abdul Qayyum, will later tell the Associated Press of his experience at Bagram. Qayyum stays at the base for two months and five days, during which time he says he is systematically deprived of sleep, forced to stand for long periods of time and humiliated by female US soldiers. All the time, he is forbidden to talk to his fellow detainees. He is held in a large hall with about 100 other prisoners divided by wire mesh into several cages or cells, each containing 10 people. The lights are always on, washing is allowed for only five minutes a week, and a bucket is provided for use as a toilet. When a military spokesperson is later asked to comment on Rahman’s account, the spokesperson says it sounds only partially true (see January 22, 2002). [Associated Press, 3/14/2003]

Entity Tags: Haji Rohullah Wakil, Abdul Qayyum

Timeline Tags: Torture of US Captives, War in Afghanistan

Habibullah.Habibullah. [Source: CBS]Mullah Habibullah, a 30-year-old Afghan from the southern province of Oruzgan, dies of complications related to “blunt force trauma” while in detention at the US base at Bagram. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Habibullah was captured by an Afghan warlord on November 28, 2002, and delivered to Bagram by the CIA on November 30. Habibullah is identified as the brother of a former Taliban commander, and later described as portly, well-groomed, and, in the words of American military police officer Major Bobby Atwell, “very confident.” [New York Times, 5/20/2005]
Injured When Delivered into US Custody - When Habibullah arrived at the US air base, he was reportedly already severely hurt. Despite his condition, according to one account, he was isolated “in a ‘safety’ position [stress position], with his arms shackled and tied to a beam in the ceiling.” He was left in that position for days, but regularly checked on. [Knight Ridder, 8/21/2004]
Targeted for Abuse - Though battered and ill, Habibullah’s defiance makes him a target for physical abuse, with the MPs and guards repeatedly attacking his legs. (Some guards will later claim Habibullah’s injuries were received when he tried to escape.) Most of the Americans will later describe Habibullah as insubordinate; one will recall being kneed in the groin by Habibullah after subjecting the prisoner to a rectal examination. Habibullah’s interrogations produce little of worth, in part because the MPs who interrogate him usually have no interpreters available. Sometimes the MPs demand that another prisoner translate for them; usually the interrogation sessions contain no more than physical restraints or beatings. [New York Times, 5/20/2005] At some point, Sgt. James P. Boland, a guard from the Army Reserve’s 377th MP Company from Cincinnati, allegedly watches as a subordinate beats Habibullah. [New York Times, 9/17/2004] The beating of Habibullah was likely witnessed by British detainee Moazzam Begg, who will later say he witnessed the death of “two fellow detainees at the hands of US military personnel” while at Bagram (see July 12, 2004). [Guardian, 10/1/2004; New York Times, 10/15/2004]
Complaints of Chest Pains Mocked - During his last interrogation session, on December 2, Habibullah spends the entirety of the session coughing and complaining of chest pains. His right leg is stiff and his right leg swollen. The interpreter for the session, Ebrahim Baerde, later recalls the interrogators “laughing and making fun of” Habibullah “because he was spitting up a lot of phlegm.” Habibullah is still defiant; when one interrogator asks if he wants to spend the rest of his life in handcuffs, Baerde will recall the prisoner retorting, “Yes, don’t they look good on me?” [New York Times, 5/20/2005]
Found Dead, Hanging from Shackles - On December 3, Habibullah is found dead, still hanging in his shackles. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Boland sees Habibullah hanging from the ceiling of his cell, suspended by two sets of handcuffs and a chain around his waist. His body is slumped forward and his tongue is protruding. Boland, along with Specialists Anthony Morden and Brian Cammack, enters the cell. Cammack puts a piece of bread in Habibullah’s mouth; another soldier puts an apple in Habibullah’s hand, and it falls to the floor. According to Cammack, Habibullah’s spit gets on Cammack’s chest. Later, Cammack will acknowledge, “I’m not sure he spit at me,” but now he screams, “Don’t ever spit on me again!” and knees Habibullah in the thigh “maybe a couple” of times. Habibullah makes no response; his body swings limply from the chains. Twenty minutes later, the guards unchain Habibullah and lay him on the floor. He has no pulse. Cammack, according to another guard, “appeared very distraught” and “was running about the room hysterically.” An MP is sent to wake a medic, who refuses to respond, telling the MP to call an ambulance instead. By the time a second medic arrives at the cell, Habibullah is laid spreadeagled on the floor, eyes and mouth open. “It looked like he had been dead for a while, and it looked like nobody cared,” the medic, Staff Sergeant Rodney Glass, will later recall. Atwell will later recall that Habibullah’s death “did not cause an enormous amount of concern ‘cause it appeared natural.” The autopsy, completed five days later, will show bruises and abrasions on Habibullah’s chest, arms, and head. The body has severe contusions on the calves, knees, and thighs, and the sole print of a boot is on his left calf. The death will be attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs. [New York Times, 5/20/2005] His legs have been struck so forcefully, according to one death certificate, it complicated his coronary artery disease. Another certificate will say the beating led to a pulmonary embolism, which is a blockage of an artery in the lungs, often caused by a blood clot. [USA Today, 5/31/2004]
Commanding Officer Able to Hear Screams, Moans of Detainees - In charge of the military intelligence interrogators at Bagram at this time is Capt. Carolyn A. Wood. According to an anonymous intelligence officer, Wood should be aware of what is happening to prisoners at Bagram since interrogations take place close to her office. The intelligence officer will recall hearing screams and moans coming out from the interrogation and isolation rooms. [Knight Ridder, 8/21/2004]

Entity Tags: Carolyn A. Wood, Anthony Morden, Bobby Atwell, Brian Cammack, James P. Boland, Rodney Glass, Ebrahim Baerde, Mullah Habibullah, Moazzam Begg, Taliban

Timeline Tags: Torture of US Captives, War in Afghanistan

Wazir Muhammad, a 31-year-old farmer turned taxi driver from Khost province in Afghanistan, is detained and taken to Bagram. At the time of his arrest, he was working and had four passengers with him in his taxi. During his time at Bagram, he is interrogated, prohibited from talking to other prisoners, and deprived of sleep through the use of loudspeakers. He is later sent to Kandahar and eventually to Guantanamo (see Beginning of 2004). [Guardian, 6/23/2004]

Entity Tags: Wazir Muhammad

Timeline Tags: Torture of US Captives, War in Afghanistan

A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. [Source: New York Times]Dilawar, a 22-year-old Afghan farmer and part-time taxi driver from the small village of Yakubi in eastern Afghanistan, is picked up by local authorities and turned over to US soldiers. Dilawar is described as a shy, uneducated man with a slight frame, rarely leaving the stone farmhouse he shares with his wife and family. He is captured while driving a used Toyota sedan that his family bought him to use as a taxi. He has three fares, men headed back towards his village, and is stopped by Afghan militiamen loyal to the guerrilla commander Jan Baz Khan. (Khan will later be taken into custody himself for allegedly attacking US targets and then turning over innocent villagers to US forces, accusing them of carrying out the attacks.) The militia confiscates a broken walkie-talkie from one of the passengers, and an electric stabilizer used to regulate current from a generator in the trunk of the Toyota (Dilawar’s family later says the stabilizer is not theirs; they have no electricity). All four men are turned over to American soldiers at Bagram Air Force Base as suspects in a recent rocket attack on the US base at Khost. They spend the first night handcuffed to the fence to deprive them of sleep. Dilawar is then examined by the base doctor, who pronounces him healthy.
Passengers Shipped to Guantanamo, Say Bagram Treatment Far Worse - Dilawar’s three passengers are eventually shipped to Guantanamo for a year, before being released without charge. The three will describe their ordeal at Bagram as far worse than their treatment at Guantanamo. All will claim to have been beaten, stripped in front of female guards, and subjected to repeated and harsh rectal exams. Abdul Rahim, a baker from Khost, will recall: “They did lots and lots of bad things to me [at Bagram]. I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk.” Another of Dilawar’s passengers, Parkhudin, later recalls that Dilawar “could not breathe” in the black cloth hood pulled over his head.
Running Joke - Though Dilawar is shy and frail, he is quickly labeled “noncompliant.” One US military policeman, Specialist Corey Jones, reports that Dilawar spat on him and tried to kick him. Jones retaliated by giving him a number of “peroneal knee strikes” (see May 20, 2005). As Jones will later recall: “He screamed out, ‘Allah! Allah! Allah!’ and my first reaction was that he was crying out to his god. Everybody heard him cry out and thought it was funny. It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out ‘Allah.’ It went on over a 24-hour period, and I would think that it was over 100 strikes.” Several other guards will later admit to striking Dilawar. While most MPs deny any knowledge of Dilawar being injured by the physical assaults, Jones will remember seeing Dilawar’s legs when his orange drawstring pants fell off of him while he was shackled. “I saw the bruise because his pants kept falling down while he was in standing restraints,” Jones will later recall. “Over a certain time period, I noticed it was the size of a fist.” Dilawar’s repeated cries and pleas for his release do little besides annoy his captors.
Fourth Interrogation Marked by Beatings - Dilawar’s fourth interrogation, on December 8, turns sour. Lead interrogator Specialist Glendale Walls will contend that Dilawar is hostile and evasive. Sergeant Selena Salcedo, another interrogator, will say that Dilawar smiled, refused to answer questions, and refused to stay kneeling on the ground or in his ordered “chair-sitting” posture against the wall. But the interpreter present, Ahmad Ahmadzai, has a different recollection. According to Ahmadzai, Dilawar denies launching any rockets at the Americans. He is unable to hold his cuffed hands above him while kneeling, and Salcedo slaps them back up whenever they begin to droop. “Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage,” Ahmadzai will tell investigators. Both Salcedo and Walls repeatedly slam Dilawar against the wall: “This went on for 10 or 15 minutes,” Ahmadzei will say. “He was so tired he couldn’t get up.” Salcedo begins stamping his foot, yanking his head by grabbing his beard, and kicking him in the groin. Ahmadzai will state: “About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him. There was no interrogation going on.” Salcedo orders the MPs to keep him chained to the ceiling of his cell until the next shift comes on. [Knight Ridder, 8/21/2004; New York Times, 5/20/2005]
Chained to the Ceiling - The next morning, Dilawar is still chained to his ceiling. He begins shouting during the morning, and is ignored until around noon, when MPs ask another interpreter, Ebrahim Baerde, to see if he can calm Dilawar. Baerde will tell investigators: “I told him, ‘Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour.’ He told me that if he was in shackles another hour, he would die.” A half-hour later, Baerde returns to the cell to find Dilawar slumped in his chains. “He wanted me to get a doctor, and said that he needed ‘a shot,’” Baerde will recall. “He said that he didn’t feel good. He said that his legs were hurting.” Baerde tells a guard, who checks Dilawar’s circulation by pressing down on his fingernails. According to Baerde, the guard says: “He’s okay. He’s just trying to get out of his restraints.” [New York Times, 3/4/2003; Guardian, 3/7/2003; Independent, 3/7/2003; Knight Ridder, 8/21/2004; New York Times, 9/17/2004; New York Times, 5/20/2005]
Dead Days Later - Dilawar will be found dead in his cell days later (see December 10, 2002).

Entity Tags: Ebrahim Baerde, Glendale Walls, Jan Baz Khan, Dilawar, Abdul Rahim, Ahmad Ahmadzai, Corey Jones, Selena Salcedo, Parkhudin

Timeline Tags: Torture of US Captives, War in Afghanistan

Jamil al-Banna.Jamil al-Banna. [Source: Public domain]On December 8, 2002, British residents Bisher Al-Rawi and Jamil al-Banna are secretly flown from Gambia to the US military base in Bagram, Afghanistan. They had been held in Gambia by the CIA after the British intelligence agency MI5 gave the CIA false information suggesting the two of them were Islamist militants. In fact, they had worked until recently as informants for MI5. In Gambia, they were pressured to resume their informant work (see November 8, 2002-December 7, 2002). Once in Bagram, they are again pressured to be informants. The CIA asks if they will inform for them, instead of MI5. Al-Banna in particular is offered increasing sums of money and a US passport if he works for the CIA, but he refuses. [Washington Post, 4/2/2006] They are initially taken to the “dark prison” near Kabul and kept in the cold in complete darkness for two weeks. Loudspeakers blare music at them 24 hours a day. Al-Rawi will later recall: “For three days or so I just sat in the corner, shivering. The only time there was light was when a guard came to check on me with a very dim torch—as soon as he’d detect movement, he would leave. I tried to do a few push-ups and jogged on the spot to keep warm. There was no toilet paper, but I tore off my nappies and tried to use them to clean myself.” After about two weeks, they are taken to the nearby Bagram prison. They are heavily abused there too, starting by beating beaten up as they arrive. The two of them had worked as go-betweens between MI5 and the radical imam Abu Qatada, and in Bagram they are heavily pressured to incriminate Abu Qatada. By this time, Abu Qatada is imprisoned in Britain and fighting deportation. [Observer, 7/29/2007] Al-Banna will later tell a detainee in Guantanamo, Asif Iqbal, that Bagram was “rough” and “that he had been forced to walk around naked, coming and going from the showers, having to parade past American soldiers or guards including women who would laugh at everyone who was put in the same position.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] At no time during their detention are they permitted to see a lawyer, despite the fact that a habeas corpus petition has been filed on their behalf and is pending before British courts. In March 2003, they are sent to Guantanamo (see March 2003-November 18, 2007). [Amnesty International, 8/19/2003; Petition for writ of habeas corpus for Bisher al-Rawi, Jamil el-Banna and Martin Mubanga. Jamil el-Banna, et al. v. George Bush, et al., 7/8/2004 pdf file]

Entity Tags: Jamil al-Banna, Central Intelligence Agency, Bisher al-Rawi, Asif Iqbal

Timeline Tags: Torture of US Captives, War in Afghanistan

Dilawar.Dilawar. [Source: CBS]Dilawar, an Afghan farmer turned taxi driver who was detained by US troops on December 5 (see December 5-9, 2002), is found dead in his cell at Bagram. Earlier that day, he was taken to the interrogation room for what will be his last interrogation. An interpreter will later describes him with legs uncontrollably jumping and numbed hands; Dilawar had been chained by his wrists to the top of his cell for four days and suffered repeated beatings from guards. He is agitated and confused, crying that his wife is dead and complaining of being beaten by his guards. Interpreter Ali Baryalai will later tell investigators, “We didn’t pursue that.”
Making Sure the Prisoner is Hydrated - Dilawar is interrogated by two MPs, Specialists Glendale Walls and Joshua Claus. Though Walls is the lead interrogator, the more aggressive Claus quickly takes control of the proceedings. “Josh had a rule that the detainee had to look at him, not me,” the interpreter will tell investigators. “He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front.” Both Walls and Claus slam Dilawar against the wall when he tries and fails to kneel; he begins to either fall asleep or pass out. Baryalai will later state, “It looked to me like Dilawar was trying to cooperate, but he couldn’t physically perform the tasks.” As Baryalai will later tell investigators, Claus grabs Dilawar, shakes him, and tells him that if he does not cooperate, he will be shipped to a prison in the United States, where he would be “treated like a woman, by the other men” and face the wrath of criminals who “would be very angry with anyone involved in the 9/11 attacks.” Dilawar asks for a drink of water, and Claus responds by taking a large plastic water bottle and, instead of giving Dilawar the water, punching a hole in the bottom of the bottle. As Dilawar fumbles with the bottle, the water pours over his orange prison garb. Claus then snatches the bottle back and begins spraying the water into Dilawar’s face. As Dilawar gags on the spray, Claus shouts: “Come on, drink! Drink!” A third interrogator, Staff Sergeant Christopher Yonushonis, enters the room and, as he will recall, finds a large puddle of water, a soaking wet Dilawar, and Claus standing behind Dilawar, twisting up the back of the hood that covers the prisoner’s head. “I had the impression that Josh was actually holding the detainee upright by pulling on the hood,” Yonushonis will recall. “I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.” When Yonushonis demands an explanation, Claus responds, “We had to make sure he stayed hydrated.”
Dies While Chained to the Ceiling - An interrogator, presumably Yonushonis, promises Dilawar that he can see a doctor after the interrogation session concludes, but Claus tells the guards not to take him to a doctor. Instead, Claus tell the guards to chain him to the ceiling again. “Leave him up,” one of the guards will later quote Claus as saying. Dilawar dies while chained up; hours later, an emergency room doctor sees Dilawar’s body already dead and stiffening. Yonushonis reports the abusive interrogation to his superior officer, Staff Sergeant Steven Loring, but Dilawar is already dead.
Autopsy Report: Legs 'Pulpified' - An autopsy will find Dilawar’s death caused by “blunt force injuries to the lower extremities.” At a pre-trial hearing for one of the guards involved in Dilawar’s abuse, a coroner will say the tissue in the prisoner’s legs “had basically been pulpified.” Major Elizabeth Rouse, another coroner and the one who termed Dilawar’s cause of death to be “homicide,” will add, “I’ve seen similar injuries in an individual run over by a bus.” Walls and Claus will both be charged with assault and maltreatment of a prisoner. [New York Times, 5/20/2005]
Changes Implemented - After Dilawar’s death, the second in a matter of days (see November 30-December 3, 2002), some changes are implemented at Bagram. A medic is assigned to work the night shift. Interrogators are prohibited from physical contact with the detainees. Chaining prisoners to fixed objects is banned, and the use of stress positions is curtailed. Yonushonis will not be interviewed until August 2004, when he contacts an agent of the Army’s Criminal Investigation Command on his own initiative to discuss his knowledge of Dilawar’s death. “I expected to be contacted at some point by investigators in this case,” he will say. “I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive.” Of the last interrogation, Yonushonis will tell investigators, “I remember being so mad that I had trouble speaking.” He also adds one extra detail: by the time Dilawar was interrogated the final time, “most of us were convinced that the detainee was innocent.” [New York Times, 3/4/2003; Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; Independent, 3/7/2003; New York Times, 9/17/2004; New York Times, 5/20/2005]

Entity Tags: Joshua Claus, Dilawar, Steven Loring, Glendale Walls, Criminal Investigation Command, Elizabeth A. Rouse, Ali Baryalai, Christopher Yonushonis

Timeline Tags: Torture of US Captives, War in Afghanistan

In a front-page article, the Washington Post reports on the US intelligence program of rendition (see 1993) and reveals that US agents are using “stress and duress” techniques to interrogate captives detained in Afghanistan. Persons being held in the CIA interrogation center at Bagram Air Base who refuse to cooperate “are sometimes kept standing or kneeling for hours in black hoods or spray-painted goggles,…. held in awkward, painful positions and deprived of sleep with a 24-hour bombardment of lights’ subject to what are known as ‘stress and duress’ techniques,” the article says. [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Each of the ten current national security officials who were interviewed for the article “defended the use of violence against captives as just and necessary.” [Washington Post, 12/26/2002] It quotes one official who reasons: “If you don’t violate someone’s human rights some of the time, you probably aren’t doing your job…. I don’t think we want to be promoting a view of zero tolerance on this.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] Likewise, another official acknowledges that “our guys may kick them around a little bit in the adrenaline of the immediate aftermath.” A different source comments, with reference to the medical services provided for captives, that “pain control [in wounded patients] is a very subjective thing.” [Washington Post, 12/26/2002] Finally, in a very explicit remark, one of the officials interviewed by the Post, who is described as being directly involved in the rendition of captives, explains the program’s logic: “We don’t kick the [expletive] out of them. We send them to other countries so they can kick the [expletive] out of them.” [Washington Post, 12/26/2002; Human Rights Watch, 5/7/2004] After the report is published, Maj. Stephen Clutter, the deputy spokesman at Bagram, denies the allegations (see December 29, 2002), claiming that the Washington Post article was “false on several points, the first being that there is no CIA detention facility on Bagram.” He says, “The accusation of inhumane treatment is something that I can clearly refute. The things that they talked about, the inhumane conditions… are things that do not go on here.” [Agence France-Presse, 12/29/2002]

Entity Tags: Stephen Clutter

Timeline Tags: Torture of US Captives

The US military responds to recent media stories about the torture and abuse of suspected al-Qaeda detainees in Afghanistan by denying that any such treatment takes place. Recent articles in the Washington Post have claimed that detainees held at Bagram Air Force Base were subjected to “stress and duress” techniques (see December 26, 2002). These techniques include “stress positions,” where detainees are shackled or strapped into painful positions and kept there for hours, and sleep deprivation. US military spokesman Major Steve Clutter denies the allegations. “The article was false on several points, the first being that there is no CIA detention facility on Bagram; there is a facility run by the US Army,” he says (see October 2001). “However, there is absolutely no evidence to suggest that persons under control of the US Army have been mistreated. The United States Army is treating enemy combatants under government control, humanely, and in conditions that are generally better than they were experiencing before we placed them under our control” (see December 2001 and After, Late 2002, January 2002, March 15, 2002, April-May 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, November 30-December 3, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, and December 10, 2002). Clutter also denies that detainees have been subjected to “rendition”—being turned over to foreign governments who routinely torture prisoners. Instead, he says, most prisoners held at Bagram were released after being interrogated in a process overseen by the International Committee of the Red Cross. “I would like to point out that persons under US government control who come to Bagram are not automatically deemed to be terrorists or enemy combatants,” Clutter says. “When they arrive, they go through an interview process to determine whether they are enemy combatants or have information that can help us prevent terrorist attacks against Americans or attacks against US forces. If they are deemed to be enemy combatants or pose a danger, they become detainees. If they are not, they are ultimately released.” [Agence France-Presse, 12/29/2002]

Entity Tags: US Department of the Army, Central Intelligence Agency, International Committee of the Red Cross, Stephen Clutter, US Department of Defense

Timeline Tags: Torture of US Captives

A Supreme Court Justice, during the oral arguments in the cases of Jose Padilla and Yaser Esam Hamdi, asks how the Court can be certain that government interrogators are not abusing detainees. Deputy Solicitor General Paul Clement answers that the court will have to “trust the executive to make the kind of quintessential military judgments that are involved in things like that.” [First, 6/2004 pdf file] The government’s legal strategy is so inflexible in part because of Vice President Cheney, who through his lawyer David Addington refuses to allow the Justice Department to budge from its intransigent position. For months, Solicitor General Theodore Olson and his deputy, Clement, have pled for modest shifts in policy that would bolster their arguments in court. Hamdi has languished in a Navy brig for two and a half years without a hearing or a lawyer. British citizen Shafiq Rasul has been held under similar conditions at Guantanamo for even longer (see November 28, 2001 and January 11, 2002-April 30, 2002). Olson says that Cheney’s position—the president has unlimited authority to order the indefinite detention of anyone suspected of terrorist activity without benefit of counsel or any judiciary intervention—would be easier to argue in court if he could “show them that you at least have some system of due process in place” to ensure against wrongful detention, according to a senior Justice Department official familiar with the issue. But Addington wins the argument, overriding Olson and the Justice Department by his arguments that any such retreat would restrict the freedom of future presidents and open the door to further lawsuits. The Supreme Court will find against Cheney in both the Hamdi (see June 28, 2004) and Rasul (see June 28, 2004) cases. Olson will resign as solicitor general 11 days later. [Washington Post, 6/25/2007]

Entity Tags: US Department of Justice, David S. Addington, Jose Padilla, Paul Clement, Richard (“Dick”) Cheney, Theodore (“Ted”) Olson, Shafiq Rasul, Yaser Esam Hamdi, US Supreme Court

Timeline Tags: Torture of US Captives

Majid Khan.Majid Khan. [Source: Associated Press]At hearings in Guantanamo Bay in spring 2007 to determine whether they are “enemy combatants” (see March 9-April 28, 2007), several alleged top al-Qaeda leaders complain of being tortured in US custody:
bullet Alleged al-Qaeda logistics manager Abu Zubaida says he is ill in Guantanamo Bay and has had around 40 seizures that temporarily affect his ability to speak and write properly, as well as his memory; apparently they are originally the result of a 1992 injury from which he still has shrapnel in his head. He says that the seizures are brought on by broken promises to return his diary, which he describes as “another form of torture,” as he is emotionally attached to it. He also says he was tortured after being captured (see Mid-May 2002 and After), when he was “half die”, due to a gunshot wound received when he was taken, and that he lied under torture. However, the passage in which he describes his treatment at this time is redacted. He has many other injuries, has lost a testicle, and also complains the Guantanamo authorities refuse to give him socks for his cold feet. He has to use his prayer hat to keep his feet warm and does so during the hearing. [US Department of Defense, 3/27/2007 pdf file]
bullet 9/11 mastermind Khalid Shaikh Mohammed remarks that, “I know American people are torturing us from seventies.” However, the next section of the transcript is redacted. He also says his children were abused in US custody. [US Department of Defense, 3/10/2007 pdf file]
bullet Alleged travel facilitator Majid Khan submits a 12-page “written statement of torture.” Khan’s father also gives an account of the torture he says his son was subjected to: he was tied tightly to a chair in stress positions; hooded, which caused him difficulty breathing; beaten repeatedly; deprived of sleep; and kept in a mosquito-infested cell too small for him to lie down in. His father also says Khalid Shaikh Mohammed’s children, aged about 6 and 8, were held in the same building and were tortured by having insects placed on their legs to make them disclose their father’s location. [US department of Defense, 4/15/2007 pdf file]
bullet Alleged al-Qaeda manager Abd al-Rahim al-Nashiri says he was tortured into confessing the details of plots he invented. He claims that “he was tortured into confession and once he made a confession his captors were happy and they stopped torturing him… [and] he made up stories during the torture in order to get it to stop.” Many of the details of the torture are redacted, but he says in one unredacted comment, “One time they tortured me one way and another time they tortured me in a different way.” [US department of Defense, 3/14/2007 pdf file]
Eugene Fidell, president of the National Institute of Military Justice, says that the claims of torture could undermine the legitimacy of future military commissions: “Someone has got to get to the bottom of these allegations… If there is something there, they are going to need to address it.” The Pentagon promises to investigate the allegations, but Amnesty International comments, “Given the Bush administration record so far on these matters, it strains credulity that any such investigation would be anything other than substandard, or [that] those responsible would be held accountable.” [Los Angeles Times, 3/31/2007]

Entity Tags: National Institute of Military Justice, Majid Khan, Khalid Shaikh Mohammed, Abu Zubaida, Amnesty International, Abd al-Rahim al-Nashiri, Eugene R. Fidell

Timeline Tags: Torture of US Captives, Complete 911 Timeline, 9/11 Timeline

A former Air Force interrogator writing under the pseudonym “Matthew Alexander” pens an impassioned plea against the use of torture for the Washington Post. Alexander is a former Special Operations soldier with war experience in Bosnia and Kosovo before volunteering to serve as a senior interrogator in Iraq from February 2006 through August 2006. He writes that while he served in Iraq, his team “had successfully hunted down one of the most notorious mass murderers of our generation, Abu Musab al-Zarqawi, the leader of al-Qaeda in Iraq and the mastermind of the campaign of suicide bombings that had helped plunge Iraq into civil war.” Yet upon his return, Alexander writes that he was less inclined to celebrate American success than “consumed with the unfinished business of our mission: fixing the deeply flawed, ineffective and un-American way the US military conducts interrogations in Iraq.” Since then, Alexander has written a book, How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq (see December 2-4, 2008). He writes that interrogation techniques used against terror suspects in Iraq both “betrays our traditions” and “just doesn’t work.”
Army Used 'Guantanamo Model' of Interrogation - When he joined the team hunting for al-Zarqawi, he was astonished to find that “[t]he Army was still conducting interrogations according to the Guantanamo Bay model: Interrogators were nominally using the methods outlined in the US Army Field Manual, the interrogators’ bible, but they were pushing in every way possible to bend the rules—and often break them.… These interrogations were based on fear and control; they often resulted in torture and abuse.”
New and Different Methodology - Alexander refused to allow his interrogators to use such tactics, he writes, and instead taught them a new set of practices: “one based on building rapport with suspects, showing cultural understanding and using good old-fashioned brainpower to tease out information. I personally conducted more than 300 interrogations, and I supervised more than 1,000. The methods my team used are not classified (they’re listed in the unclassified Field Manual), but the way we used them was, I like to think, unique. We got to know our enemies, we learned to negotiate with them, and we adapted criminal investigative techniques to our work (something that the Field Manual permits, under the concept of ‘ruses and trickery’). It worked. Our efforts started a chain of successes that ultimately led to Zarqawi.” Alexander writes that his attitude, and that of his colleagues, changed during this time. “We no longer saw our prisoners as the stereotypical al-Qaeda evildoers we had been repeatedly briefed to expect; we saw them as Sunni Iraqis, often family men protecting themselves from Shi’ite militias and trying to ensure that their fellow Sunnis would still have some access to wealth and power in the new Iraq. Most surprisingly, they turned out to despise al-Qaeda in Iraq as much as they despised us, but Zarqawi and his thugs were willing to provide them with arms and money.” When Alexander pointed this out to General George Casey, then the top US commander in Iraq, Casey ignored him. Alexander writes that Casey’s successor, General David Petraeus, used some of the same “rapport-building” techniques to help boost the “Anbar Awakening,” which saw tens of thousands of Sunnis repudiate al-Zarqawi and align themselves with the US. And, the techniques persuaded one of al-Zarqawi’s associates to tell where he was hiding, giving the US a chance to find and kill him (see June 8, 2006).
Little Overall Change - Even the success in locating and killing al-Zarqawi had little effect on US interrogation methods outside of Alexander’s unit. He left Iraq still unsettled about the methods being used; shortly after his return, he was horrified at news reports that the CIA had waterboarded detainees to coerce information from them (see Between May and Late 2006). Such hard-handed techniques are not only illegal and morally reprehensible, Alexander notes, they usually don’t work. He writes: “Torture and abuse are against my moral fabric. The cliche still bears repeating: Such outrages are inconsistent with American principles. And then there’s the pragmatic side: Torture and abuse cost American lives.” He remembers one jihadist who told him: “I thought you would torture me, and when you didn’t, I decided that everything I was told about Americans was wrong. That’s why I decided to cooperate.”
Torture Breeds Terrorism - Alexander writes that while in Iraq, he learned that the primary reason foreign jihadists came to Iraq to fight Americans was because of their outrage and anger over the abuses carried out at Guantanamo and Abu Ghraib. “Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq,” he writes. “The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on US and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of US soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me—unless you don’t count American soldiers as Americans.”
Writing about His Experiences - Alexander began writing about his time in Iraq after returning to the US. When he submitted his book for the Defense Department’s review (standard procedure to ensure no classified information is being released), he writes that he “got a nasty shock.” The Pentagon delayed the review past the first scheduled printing date, then redacted what Alexander says was “an extraordinary amount of unclassified material—including passages copied verbatim from the Army’s unclassified Field Manual on interrogations and material vibrantly displayed on the Army’s own Web site.” Alexander was forced to file a lawsuit to get the review completed and to appeal the redactions. “Apparently, some members of the military command are not only unconvinced by the arguments against torture; they don’t even want the public to hear them.”
Conclusions - How we conduct ourselves in the “war on terror” helps define who we are as Americans, Alexander writes. “Murderers like Zarqawi can kill us, but they can’t force us to change who we are. We can only do that to ourselves.” It is up to Americans, including military officers directly involved in the battle against terrorist foes, “to protect our values not only from al-Qaeda but also from those within our own country who would erode them.” He continues: “We’re told that our only options are to persist in carrying out torture or to face another terrorist attack. But there truly is a better way to carry out interrogations—and a way to get out of this false choice between torture and terror.” With the ascension of Barack Obama to the White House, Alexander describes himself as “quite optimistic” that the US will renounce torture. “But until we renounce the sorts of abuses that have stained our national honor, al-Qaeda will be winning. Zarqawi is dead, but he has still forced us to show the world that we do not adhere to the principles we say we cherish. We’re better than that. We’re smarter, too.” [Washington Post, 11/30/2008]

Entity Tags: Matthew Alexander, US Department of Defense, US Department of the Air Force, US Department of the Army, Central Intelligence Agency, Barack Obama, David Petraeus, Abu Musab al-Zarqawi, Al-Qaeda in Iraq, George Casey

Timeline Tags: Torture of US Captives

Pentagon press spokesman Geoff Morrell tells journalists that the Defense Department has new numbers documenting the “recidivism” of former Guantanamo detainees now engaged in terror activities. “The new numbers are, we believe, 18 confirmed and 43 suspected of returning to the fight,” Morrell says. “So 61 in all former Guantanamo detainees are confirmed or suspected of returning to the fight.” [US Department of Defense, 1/13/2009]
No Details on Numbers - The Pentagon figure would represent around 11 percent of the roughly 520 detainees released from the facility. National security expert Peter Bergen notes that the recidivism rate for prisoners in the US civilian judicial system is about 65 percent. Morrell defends the report, but refuses to say exactly where the information comes from. Instead, he says: “We don’t make these figures up. They’re not done willy-nilly.” Other Pentagon officials say they will not discuss how the figures were derived because of national security concerns. Morrell says the figures come from the Defense Intelligence Agency, “and they go over this with great care.” [CNN, 1/22/2009]
Law Professor: Pentagon Figures 'Egregiously' Wrong - In an exhaustive study of the Pentagon’s records of detainees, Seton Hall University law professor Mark Denbeaux disputes the Pentagon claim, calling it “egregiously” wrong (see January 16, 2009). “Once again, they’ve failed to identify names, numbers, dates, times, places, or acts upon which their report relies,” Denbeaux writes. “Every time they have been required to identify the parties, the DOD [Defense Department] has been forced to retract their false IDs and their numbers. They have included people who have never even set foot in Guantanamo—much less were they released from there. They have counted people as ‘returning to the fight’ for their having written an op-ed piece in the New York Times and for their having appeared in a documentary exhibited at the Cannes Film Festival. The DOD has revised and retracted their internally conflicting definitions, criteria, and their numbers so often that they have ceased to have any meaning—except as an effort to sway public opinion by painting a false portrait of the supposed dangers of these men. Forty-three times they have given numbers—which conflict with each other—all of which are seriously undercut by the DOD statement that ‘they do not track’ former detainees. Rather than making up numbers ‘willy-nilly’ about post release conduct, America might be better served if our government actually kept track of them.” [Seton Hall University, 1/15/2009] It is difficult to know exactly how many former Guantanamo detainees have returned to fighting, Denbeaux’s study finds, because of the incredibly poor record-keeping kept on detainees by the Pentagon (see January 20, 2009 ). Some of the detainees identified as recidivists never appeared on the detainee rolls. Some detainees were misidentified by the Pentagon, or identified as more than one person—and subsequently counted as more than one recidivist. Some have been dead for years, or are in the custody of other nations’ judicial systems. The Pentagon counts the so-called “Tipton Three” (see November 28, 2001) as “returning to the fight,” even though their only “terrorist activity” has been their participation in a documentary about unjust imprisonment in Guantanamo. The Pentagon also lists the recently released Uighurs, Chinese Muslims who were found to have no ties whatsoever to Islamic terrorism. One of the released Uighurs wrote a 2006 op-ed column for the New York Times protesting his imprisonment (see September 17, 2006), the extent of his documented “terrorist” actions. [New American, 1/27/2009]
Defense Secretary Downplays Report's Significance - Terrorism analyst Peter Bergen notes that many of the Guantanamo detainees were never terrorists at all, but were singled out as terrorists by Afghani villagers who told US authorities that they were members of al-Qaeda, either for personal revenge or for bounty money. Quoting former Defense Secretary Donald Rumsfeld, Bergen says, “We know that a lot of people who were in Guantanamo don’t qualify as being the ‘worst of the worst.’” Bergen says that many of the “suspected” terrorists have done nothing more than publicly make anti-American statements, “something that’s not surprising if you’ve been locked up in a US prison camp for several years.” Defense Secretary Robert Gates, the only holdover from the Bush administration currently serving in President Obama’s cabinet and an advocate for closing the Guantanamo facility, downplays the number of detainees supposedly engaged in terrorism. “It’s not as big a number if you’re talking about 700 or a thousand or however many have been through Guantanamo,” he says. [CNN, 1/22/2009]

Entity Tags: Robert M. Gates, US Department of Defense, Peter Bergen, Donald Rumsfeld, Mark Denbeaux, Geoff Morrell, Defense Intelligence Agency

Timeline Tags: Torture of US Captives

Mark Denbeaux.Mark Denbeaux. [Source: Seton Hall University]Mark Denbeaux, the director of the Seton Hall Law School Center for Policy and Research, and the lawyer for two detainees at Guantanamo, describes how his research disproved the Pentagon’s recent claim that 61 former detainees have returned to terrorist activities (see January 13-14, 2009). Denbeaux, interviewed by MSNBC’s Rachel Maddow, says that his analysis of the information released by the government shows that the claim has changed over and over again, and has never been supported by evidence. “Our model is simply to look at what the government’s reports show and analyze them,” he says. “The government has given its 43rd attempt to describe the number of people who have left Guantanamo and returned to the battlefield. Forty-one times they have done it orally as they have this last time. And their numbers have changed from 20 to 12 to seven to more than five to two to a couple to a few—25, 29, 12 to 24. Every time, the number has been different. In fact, every time they give a number, they don’t identify a date, a place, a time, a name, or an incident to support their claim.” In June 2007, Denbeaux says, the Pentagon identified 15 detainees as having “returned to the battlefield.” Denbeaux analyzed the information about the 15 so-called “recidivist terrorists.” Three of the 15, the so-called “Tipton Three” (see November 28, 2001), were considered as having “returned to the battlefield” because of their appearance in a documentary, The Road to Guantanamo. Five others are Chinese Uighurs who were listed as having “returned to terrorism” because one of their number wrote an editorial criticizing Guantanamo detention policies (see September 17, 2006). Two others were never at Guantanamo. Two were Russians who were arrested in Russia but never prosecuted. Two were arrested in their home country of Morocco, and the last was arrested in his home country of Turkey. So of the 15 so-called “recidivists,” a maximum of three could even be considered as possibly “returning to the battlefield.” Denbeaux says that the current listing of 61 so-called “recidivists” includes the 15 on the 2007 list, and the remaining 46 names have similar issues with documenting actual acts of terrorism. [MSNBC, 1/16/2009]

Entity Tags: Mark Denbeaux, US Department of Defense, Rachel Maddow

Timeline Tags: Torture of US Captives

President Barack Obama signs a series of executive orders mandating the closure of the Guantanamo Bay detention facility within one year’s time, and declares that prisoners at that facility will be treated within the parameters of the Geneva Conventions. Obama’s order also mandates the closure of the CIA’s secret prisons overseas. Another element of those orders bans the practice of torture on detainees (see January 22, 2009). Obama calls the order the first move by his administration to reclaim “the moral high ground” vacated by the previous administration. Americans understand that battling terrorism cannot continue with a “false choice between our safety and our ideals,” he says. [Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] “We can no longer afford drift, and we can no longer afford delay, nor can we cede ground to those who seek destruction,” he adds. [Associated Press, 1/22/2009] “We believe we can abide by a rule that says, we don’t torture, but we can effectively obtain the intelligence we need.” [New York Times, 1/23/2009] The Washington Post reports that the orders essentially end the “war on terror” as it has been managed by the Bush administration, and writes, “[T]he notion that a president can circumvent long-standing US laws simply by declaring war was halted by executive order in the Oval Office.” However, Obama’s order does not detail what should be done with the detainees currently housed at Guantanamo. According to a White House summary, Obama’s orders “set… up an immediate review to determine whether it is possible to transfer detainees to third countries, consistent with national security.” If a prisoner cannot be transferred, “a second review will determine whether prosecution is possible and in what forum.” Obama says, “The message that we are sending the world is that the United States intends to prosecute the ongoing struggle against violence and terrorism and we are going to do so vigilantly and we are going to do so effectively and we are going to do so in a manner that is consistent with our values and our ideals.” The US will now “observe core standards of conduct, not just when it’s easy, but also when it’s hard,” he adds. The orders do not specifically ban the practice of “rendition,” or secretly transferring prisoners to the custody of other nations, some of which practice torture. “There are some renditions that are, in fact, justifiable, defensible,” says a senior Obama administration official. “There’s not going to be rendition to any country that engages in torture.”
Republicans, Conservatives Object - Representative Peter Hoekstra (R-MI), a supporter of torture by the Bush administration, says Obama’s orders are imprecise and vague: “This is an executive order that places hope ahead of reality—it sets an objective without a plan to get there.” [Los Angeles Times, 1/23/2009; Washington Post, 1/23/2009] “What do we do with confessed 9/11 mastermind Khalid Shaikh Mohammed and his fellow terrorist conspirators.” Hoekstra asks, “offer them jail cells in American communities?” [Financial Times, 1/22/2009] Conservative news outlet Fox News tells its viewers, “The National Security Council told Fox that for now even [O]sama bin Laden or a high-ranking terrorist planner would be shielded from aggressive interrogation techniques that the CIA says produced lifesaving intelligence from… Mohammed.” [US News and World Report, 1/23/2009]
'A New Era for America' - Newly installed Secretary of State Hillary Clinton has a different view. “I believe with all my heart that this is a new era for America,” she tells reporters as she assumes her duties at the State Department. [Agence France-Presse, 1/22/2009] Former Bush official John Bellinger, the National Security Council’s top legal adviser, praises Obama’s orders, calling them “measured” and noting that they “do not take any rash actions.” Bellinger adds: “Although the Gitmo order is primarily symbolic, it is very important. It accomplishes what we could never accomplish during the Bush administration.” [New York Times, 1/23/2009] Retired admiral John Hutson agrees. “It is a 180 degree turn,” says Hutson. “It restores our status in the world. It enables us to be proud of the way we are prosecuting the war.” Closing the Guantanamo prison camp and banning torture “is the right thing to do morally, diplomatically, militarily and constitutionally,” Hutson adds, “but it also makes us safer.” Senator John Kerry (D-MA) calls the move “a great day for the rule of law.” [Financial Times, 1/22/2009; New York Times, 1/23/2009]

Entity Tags: Peter Hoekstra, Hillary Clinton, John Bellinger, Obama administration, John D. Hutson, John Kerry, Khalid Shaikh Mohammed, National Security Council, Fox News, Washington Post, Bush administration (43), Barack Obama, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties

Several Republican senators plan to visit the Guantanamo Bay detention facility and report their findings. They are expected to continue their calls for keeping Guantanamo open indefinitely. Senators Jim Inhofe (R-OK), David Vitter (R-LA), Pat Roberts (R-KS), Richard Burr (R-NC), and Mel Martinez (R-FL) decided to make the trip after President Obama issued an executive order mandating that the prison be closed within a year (see January 22, 2009). “I’ve always looked at [the prison] as being a real valuable asset,” says Inhofe. He admits he does not “have a solution to what we’re going to ultimately do” with the prisoners deemed most dangerous. “I’m not addressing that problem,” he says. Inhofe says Obama’s order to close the prison “failed to take into consideration the implications of closing [Guantanamo]—what happens to current detainees, what the military will do with detainees held in other military prisons around the world and what judicial process is going to be used.” Obama has asked for a “comprehensive interagency review” to settle those questions. [Daily Oklahoman, 1/30/2009; Bixby Bulletin, 1/30/2009] Burr says that he is “so far unconvinced that moving trained terrorists to the United States is in the best national security interests of our nation.” And Vitter notes that he is “very disappointed in President Obama’s decision to close the detention facility at Guantanamo.” He continues: “This facility should not be closed, and these individuals should not be released until we can determine the extent of their potential involvement in terrorist activities. And we most certainly should use every available measure to ensure that they do not make their way into the United States if in fact they are released.” [Bixby Bulletin, 1/30/2009]
Worry about Housing Detainees in US Prisons - Like Inhofe, Roberts is concerned that some Guantanamo inmates will be transferred into prisons in his home state. Kansas is the home of Fort Leavenworth, which houses a large Army prison. “I am especially concerned with ridiculous speculation that Ft. Leavenworth is equipped to handle these detainees, some of the most dangerous terrorists in the world,” he says. “I am convinced these terrorists cannot and will not be housed in Kansas.” [KansasCW, 1/30/2009]
Advocating Continued Detentions without Trials - In an interview with Fox News, Vitter goes further than his Senatorial colleagues, saying that he favors continuing to detain some suspects without trials. “We need the ability to deal with these folks adequately,” he says. “To me, that has to include the ability to detain some—without trial—to continue proper interrogation.… I’d like to have Gitmo stay open. But certainly, we need detention facilities where we can detain dangerous terrorists without trial, continue to interrogate them.” [Think Progress, 1/30/2009] Fellow Republican Senator Lindsey Graham (R-SC) has already made the same recommendation (see January 21, 2009).

Entity Tags: Richard Burr, Lindsey Graham, James M. Inhofe, David Vitter, Barack Obama, Mel Martinez, Pat Roberts

Timeline Tags: Torture of US Captives, Civil Liberties

Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” [US Senate, 2/5/2009] Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” [US Senate, 2/2/2009] Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” [Think Progress, 2/9/2009]

Entity Tags: Richard Burr, Barack Obama, James M. Inhofe, Satyam Khanna

Timeline Tags: Torture of US Captives, Civil Liberties

Binyam Mohamed.Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]

Entity Tags: Yvonne Bradley, Binyam Mohamed, Bush administration (43), Obama administration

Timeline Tags: Torture of US Captives, Civil Liberties

Attorney General Eric Holder confirms the Obama administration’s plans to close the Guantanamo Bay detention facility (see November 16, 2008 and January 22, 2009), but calls it a well-run, professional institution. Closing Guantanamo “will not be an easy process,” Holder says after visiting the site. “It’s one we will do in a way that ensures that people are treated fairly and that the American people are kept safe.” Holder leads the administration’s effort to close the facility within a year. Most of that time will be spent reviewing the case files and histories of the 245 inmates currently incarcerated there: “It’s going to take us a good portion of that time to look at all of the files that we have to examine, until we get our hands around what Guantanamo is, and also what Guantanamo was,” he says. Senator James Inhofe (R-OK), an outspoken advocate of keeping Guantanamo open (see February 5, 2009), says he is encouraged by Holder’s remarks. “I believe as more time goes by there is a chance the administration will grow to realize that we need Gitmo and must keep it open,” he says. “More time will allow facts to replace political rhetoric.” Inhofe is promoting legislation that will bar any Guantanamo detainees from coming to the US. [Associated Press, 2/25/2009]

Entity Tags: Eric Holder, James M. Inhofe, Obama administration

Timeline Tags: Torture of US Captives

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