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Context of 'Morning, December 1, 2001: Final Prisoners Surrender in Battle over Afghan Fortress'

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Uzbek Northern Alliance leader General Abdul Rashid Dostum meets with Mullah Faizal, the Taliban commander in Kunduz, to discuss what should be done with the Taliban’s fanatical “foreign legion.” They agree that the 5,000 Afghan Taliban fighters “would be given safe passage after surrender, but the foreign fighters would be handed over to General Dostum.” [Guardian, 11/27/2001; London Times, 11/28/2001] This is in line with orders from Washington, which has demanded that the foreign fighters not be freed. Top US officials, including Defense Secretary Donald Rumsfeld, have publicly opposed any plan that would allow the foreign Taliban troops to be freed in exchange for their surrender (see November 19, 2001). John Walker Lindh, an American Muslim, is among the legion of foreign fighters (see September 6, 2001). [Guardian, 11/27/2001; London Times, 11/28/2001; Guardian, 12/1/2001; Prepared Statement of John Walker Lindh to the Court. United States of America v. John Walker Lindh, 10/4/2002]

Entity Tags: John Walker Lindh, Donald Rumsfeld, Mullah Faizal, Abdul Rashid Dostum

Timeline Tags: Torture of US Captives, War in Afghanistan

The Northern Alliance assaults Qala-i-Janghi fortress.The Northern Alliance assaults Qala-i-Janghi fortress. [Source: CNN/House of War]Northern Alliance General Abdul Rashid Dostum returns to the Qala-i-Janghi fortress from Kunduz. Three health officials attempting to enter the basement where Taliban survivers are still holding out are shot by armed Taliban who refuse to surrender. Several Taliban mullahs brought in by Dostum are unable to convince the holdouts to surrender. [CNN, 8/3/2002]

Entity Tags: Abdul Rashid Dostum

Timeline Tags: Torture of US Captives, War in Afghanistan

Taliban survivors who have been holding out in the basement of a one-story building in the Qala-i-Janghi fortress surrender. [Newsweek, 12/1/2001] John Walker Lindh is found “with approximately 15 dead or dying persons on the floor.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file] Of the more than 300 prisoners who arrived with Lindh a week before, only 86 survive. “Everyone was in poor health, and most of them were traumatized, with absent looks on their faces,” Oliver Martin, chief of the International Committee of the Red Cross (ICRC) delegation at Mazar-i-Sharif, later recalls. “It must have been hell and horror for them.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file] For around six hours, Lindh and many other wounded and dying prisoners are locked in an overcrowded dark container. He is then moved to the back of an open-air truck, from where he notices ICRC officials and members of the media. It then appears that Northern Alliance leader Abdul Rashid Dostum intended to suffocate the prisoners inside the container, but that the presence of the ICRC and journalists has prevented that. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] Lindh and the other surviving but wounded Taliban are taken to the town of Sheberghan. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: Taliban, John Walker Lindh, International Committee of the Red Cross, Abdul Rashid Dostum, Oliver Martin

Timeline Tags: Torture of US Captives, War in Afghanistan

Author Robert Pelton, working as a freelance CNN contributor, learns that one of the survivors of the siege of Qala-i-Janghi fortress (see Morning, December 1, 2001) is an American and is being treated at a hospital in Sheberghan. He goes to the hospital with video cameras and a few members of the US Special Forces. John Walker Lindh allegedly refuses, at least twice, permission to film him and be interviewed, but the CNN cameramen start filming anyway. Pelton asks him if he wants to deliver a message to his family through CNN, but Lindh declines, saying he prefers to send a message through the International Committee of the Red Cross (ICRC). [United States of America v. John Walker Lindh, 6/13/2002 pdf file; CNN, 7/4/2002] Pelton offers him some food; then offers to have a Special Forces medic treat his wounds. Fearing torture and death if he remains in the custody of the Northern Alliance, Lindh finally accepts Pelton’s offer and agrees to be interviewed. Lindh is then moved to another room, with Special Forces personnel present, and receives medical treatment, with CNN cameras rolling. At this point, as US government papers confirm, “John Walker Lindh comes into the custody of the United States military forces.” [CNN, 12/20/2001; New Yorker, 3/3/2003] According to the US medic, Lindh is “malnourished and in extremely poor overall condition.” He does not remove the bullet in Lindh’s leg, deciding to leave it in “for later removal as evidence.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file] Another Special Forces officer says Lindh is acting “delirious.” While Lindh is administered morphine through an IV, Pelton starts to interview him. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] Following the CNN interview, a Special Forces officer interrogates him, even though Lindh is “delirious,” under the influence of morphine and seriously wounded. Lindh is not read his Miranda rights. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] The “Miranda” rights are what a police officer is required to inform an arrested person before questioning. It follows from the Fifth Amendment which provides civil protection against being “compelled in a criminal case to be a witness against himself.” If this warning is not given before the interrogation takes place, statements made by the accused are considered involuntary and become inadmissible in a trial.

Entity Tags: John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

Around the third day at the school (see December 2-5, 2001), probably on December 5, accused terrorist John Walker Lindh, unaware of the fact that a lawyer has been hired for him, is interrogated by two military officers. The questioning goes on for two or three days in sessions lasting several hours at a time. Again no Miranda warnings are given (see December 2, 2001). [United States of America v. John Walker Lindh, 6/13/2002 pdf file] There is some discussion, however, among military personnel about whether Lindh should be advised of his right against self-incrimination. An Army intelligence officer is advised that instructions have come from “higher headquarters” for interrogators to coordinate Lindh’s interrogation with military lawyers. The intelligence officer asks to be faxed a Miranda form, but, according to the documents, “he never [gets] it.” The officer, however, adds that he is “in the business of collecting [intelligence] information, not in the business of Mirandizing.” After the first hour of interrogation, according to the documents, the interrogator provides the admiral in charge of Mazar-i-Sharif with a summary of what the interrogators have so far collected. The admiral tells him that the secretary of Defense’s counsel has authorized him to “take the gloves off” and ask whatever he wants. The unnamed counsel in question may well have been Defense Department chief counsel William J. Haynes. The initial responses Lindh gives to his interrogators are, according to the documents, cabled to Washington every hour. [Los Angeles Times, 6/9/2004] After the interrogations are ended, Lindh is told his conditions will improve. From then on, he is given a third meal a day and no longer held at gunpoint 24 hours a day. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: William J. Haynes, John Walker Lindh

Timeline Tags: Torture of US Captives, War in Afghanistan

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