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Context of 'March 9, 2003: New York Times Claims US Is Rendering Suspects to Other Countries, Using ‘Stress and Duress’ Techniques'

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Chief Justice Fred Vinson.Chief Justice Fred Vinson. [Source: Kansas State Historical Society]The US Supreme Court upholds the power of the federal government’s executive branch to withhold documents from a civil suit on the basis of executive privilege and national security (see October 25, 1952). The case, US v Reynolds, overturns an appellate court decision that found against the government (see December 11, 1951). Originally split 5-4 on the decision, the Court goes to 6-3 when Justice William O. Douglas joins the majority. The three dissenters, Justices Hugo Black, Felix Frankfurter, and Robert Jackson, refuse to write a dissenting opinion, instead adopting the decision of the appellate court as their dissent.
'State Secrets' a Valid Reason for Keeping Documents out of Judicial, Public Eye - Chief Justice Fred Vinson writes the majority opinion. Vinson refuses to grant the executive branch the near-unlimited power to withhold documents from judicial review, as the government’s arguments before the court implied (see October 21, 1952), but instead finds what he calls a “narrower ground for defense” in the Tort Claims Act, which compels the production of documents before a court only if they are designated “not privileged.” The government’s claim of privilege in the Reynolds case was valid, Vinson writes. But the ruling goes farther; Vinson upholds the claim of “state secrets” as a reason for withholding documents from judicial review or public scrutiny. In 2008, author Barry Siegel will write: “In truth, only now was the Supreme Court formally recognizing the privilege, giving the government the precedent it sought, a precedent binding on all courts throughout the nation. Most important, the Court was also—for the first time—spelling out how the privilege should be applied.” Siegel will call the Reynolds ruling “an effort to weigh competing legitimate interests,” but the ruling does not allow judges to see the documents in order to make a decision about their applicability in a court case: “By instructing judges not to insist upon examining documents if the government can satisfy that ‘a reasonable danger’ to national security exists, Vinson was asking jurists to fly blind.” Siegel will mark the decision as “an act of faith. We must believe the government,” he will write, “when it claims [the accident] would reveal state secrets. We must trust that the government is telling the truth.”
Time of Heightened Tensions Drives Need for Secrecy - Vinson goes on to note, “[W]e cannot escape judicial notice that this is a time of vigorous preparation for the national defense.” Locked in the Cold War with the Soviet Union, and fighting a war in Korea, the US is, Vinson writes, in a time of crisis, and one where military secrets must be kept and even encouraged. [U. S. v. Reynolds, 3/9/1953; Siegel, 2008, pp. 171-176]
Future Ramifications - Reflecting on the decision in 2008, Siegel will write that while the case will not become as well known as many other Court decisions, it will wield significant influence. The ruling “formally recognized and established the framework for the government’s ‘state secrets’ privilege—a privilege that for decades had enabled federal agencies to conceal conduct, withhold documents, and block civil litigation, all in the name of national secrecy.… By encouraging judicial deference when the government claimed national security secrets, Reynolds had empowered the Executive Branch in myriad ways. Among other things, it had provided a fundamental legal argument for much of the Bush administration’s response to the 9/11 terrorist attacks. Enemy combatants such as Yaser Esam Hamdi (see December 2001) and Jose Padilla (see June 10, 2002), for many months confined without access to lawyers, had felt the breath of Reynolds. So had the accused terrorist Zacarias Moussaoui when federal prosecutors defied a court order allowing him access to other accused terrorists (see March 22, 2005). So had the Syrian-Canadian Maher Arar (see September 26, 2002), like dozens of others the subject of a CIA extraordinary rendition to a secret foreign prison (see After September 11, 2001). So had hundreds of detainees at the US Navy Base at Guantanamo Bay, held without charges or judicial review (see September 27, 2001). So had millions of American citizens, when President Bush, without judicial knowledge or approval, authorized domestic eavesdropping by the National Security Agency (see Early 2002). US v. Reynolds made all this possible. The bedrock of national security law, it had provided a way for the Executive Branch to formalize an unprecedented power and immunity, to pull a veil of secrecy over its actions.” [Siegel, 2008, pp. ix-x]

Entity Tags: William O. Douglas, Zacarias Moussaoui, US Supreme Court, Yaser Esam Hamdi, Robert Jackson, Jose Padilla, Felix Frankfurter, Bush administration (43), Fred Vinson, Barry Siegel, George W. Bush, Hugo Black, Maher Arar

Timeline Tags: Civil Liberties

Khalid Shaikh Mohammed (KSM) lives in Qatar during these years. He is invited there by Abdallah bin Khalid al-Thani, Qatar’s Minister of Religious Affairs at the time. He works on a farm owned by al-Thani and lives in the open, not even bothering to use an alias. He works as a project engineer for the government. One US official will later recall that al-Thani “has this farm and he always had a lot of people around, the house was always overstaffed, a lot of unemployed Afghan Arabs…. There were always these guys hanging around and maybe a couple of Kalashnikovs [machine guns] in the corner.” [Los Angeles Times, 12/22/2002] KSM continues to plot and travel extensively, including a 1995 trip to fight in Bosnia with the trip’s expenses paid for by al-Thani. Apparently the CIA becomes aware that KSM is living there in 1995 and is also already aware of his role in the 1993 WTC bombing and the Bojinka plot (see October 1995). KSM will finally have to leave his Qatar base after his presence becomes too well known in early 1996 (see January-May 1996). [Los Angeles Times, 12/22/2002; 9/11 Commission, 7/24/2004, pp. 147, 488] KSM will return to Qatar occasionally, even staying there with the knowledge of some Qatari royals for two weeks after 9/11 (see Late 2001).

Entity Tags: Khalid Shaikh Mohammed, Abdallah bin Khalid al-Thani

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The United States begins a practice known as “rendition,” the official purpose of which is to bring suspected foreign criminals to justice. Suspects detained abroad are “rendered” to courts in the United States or other countries. In some cases they are transferred to countries with poor human rights records and tortured. Some are convicted, even put to death, without a fair trial. [Washington Post, 1/2/2005, pp. A01] The frequency of renditions will increase dramatically after the September 11 attacks (see After September 11, 2001). [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01]
Gore: "Go Grab His Ass" - The policy is proposed by Richard Clarke, head of the Counterterrorism Security Group, who is aware of a suspect he wants to have rendered. However, White House Counsel Lloyd Cutler opposes the policy, saying it violates international law, and demands a meeting with President Clinton to explain the issue to him. Clinton appears favorable to Cutler’s arguments, until Vice President Al Gore returns from a foreign trip. Gore listens to a recap of the arguments and comments: “That’s a no-brainer. Of course it’s a violation of international law, that’s why it’s a covert action. The guy is a terrorist. Go grab his ass.” However, the first operation fails.
Comment by Clarke - Clarke will later write: “We learned that often things change by the time you can get a snatch team in place. Sometimes intelligence is wrong. Some governments cooperate with the terrorists. It was worth trying, however, because often enough we succeeded.” [Clarke, 2004, pp. 144]

Entity Tags: Richard A. Clarke, William Jefferson (“Bill”) Clinton, Albert Arnold (“Al”) Gore, Jr., Lloyd Cutler

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Bomb damage in underground levels of the WTC in 1993.Bomb damage in underground levels of the WTC in 1993. [Source: Najlah Feanny/ Corbis]An attempt to topple the World Trade Center in New York City fails, but six people are killed and over 1,000 injured in the misfired blast. The explosion is caused by the detonation of a truck bomb in the underground parking garage. An FBI explosives expert will later state, “If they had found the exact architectural Achilles’ heel or if the bomb had been a little bit bigger, not much more, 500 pounds more, I think it would have brought her down.” Ramzi Yousef, who has close ties to Osama bin Laden, organizes the attempt. [Village Voice, 3/30/1993; US Congress, 2/24/1998] The New York Times will report on Emad Salem, an undercover agent who will be the key government witness in the trial against Yousef. Salem will testify that the FBI knew about the attack beforehand and told him it would thwart the attack by substituting a harmless powder for the explosives. However, an FBI supervisor called off this plan and the bombing was not stopped. [New York Times, 10/28/1993] Other suspects were ineptly investigated before the bombing as early as 1990. Several of the bombers were trained by the CIA to fight in the Afghan war and the CIA will conclude, in internal documents, that it was “partly culpable” for this bombing (see January 24, 1994). [Independent, 11/1/1998] 9/11 mastermind Khalid Shaikh Mohammed is an uncle of Yousef and also has a role in the bombing (see March 20, 1993). [Independent, 6/6/2002; Los Angeles Times, 9/1/2002] One of the bombers even leaves a message, which will be found by investigators, stating, “Next time, it will be very precise.” [Associated Press, 9/30/2001]

Entity Tags: Khalid Shaikh Mohammed, Federal Bureau of Investigation, Ramzi Yousef, Osama bin Laden, World Trade Center, Emad Salem, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

One of Ramzi Yousef’s timers seized by Philippines police in January 1995.One of Ramzi Yousef’s timers seized by Philippines police in January 1995. [Source: Peter Lance]Responding to an apartment fire, Philippine investigators uncover an al-Qaeda plot to assassinate the Pope that is scheduled to take place when he visits the Philippines one week later. While investigating that scheme, they also uncover Operation Bojinka, planned by the same people: 1993 WTC bomber Ramzi Yousef and 9/11 mastermind Khalid Shaikh Mohammed (KSM). [Independent, 6/6/2002; Los Angeles Times, 6/24/2002; Los Angeles Times, 9/1/2002] Many initial reports after 9/11 will claim the fire was accidental and the police discovery of it was a lucky break, but in 2002 the Los Angeles Times will report that the police started the fire on purpose as an excuse to look around the apartment. In the course of investigating the fire, one of the main plotters, Abdul Hakim Murad, is arrested. [Los Angeles Times, 9/1/2002] The plot has two main components. On January 12, Pope John Paul II is scheduled to visit Manila and stay for five days. A series of bombs along his parade route would be detonated by remote control, killing thousands, including the Pope. Yousef’s apartment is only 500 feet from the residence where the Pope will be staying. [Reeve, 1999, pp. 78; Lance, 2006, pp. 138] Then, starting January 21, a series of bombs would be placed on airplanes. [Insight, 5/27/2002] Five men, Yousef, Wali Khan Amin Shah, Abdul Hakim Murad, Abd al-Karim Yousef (a.k.a., Adel Anon, Yousef’s twin brother), and Khalid Al-Shaikh (thought to be an alias for KSM) would depart to different Asian cities and place a timed bomb on board during the first leg of passenger planes traveling to Los Angeles, San Francisco, Honolulu, and New York. They would then transfer to another flight and place a second bomb on board that flight. In all, 11 to 12 planes would blow up in a two day period over the Pacific. If successful, some 4,000 people would have been killed. [Agence France-Presse, 12/8/2001; Insight, 5/27/2002; Contemporary Southeast Asia, 12/1/2002] According to another account, some of the bombs would be timed to go off weeks or even months later. Presumably worldwide air travel could be interrupted for months. [Lance, 2003, pp. 260-61] A second wave of attacks involving crashing airplanes into buildings in the US would go forward later, once the pilots are trained for it (see February-Early May 1995).

Entity Tags: Abd al-Karim Yousef, Khalid Shaikh Mohammed, Ramzi Yousef, Wali Khan Amin Shah, Operation Bojinka, Al-Qaeda, Abdul Hakim Murad

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Shortly after bomber Ramzi Yousef is arrested (see February 7, 1995), investigators discover a computer file of a letter on his laptop that is signed by “Khalid Sheikh, and Bojinka.” An eyewitness account of the arrest is given to Time magazine by a “Khalid Sheikh,” who is also staying in the same building. [McDermott, 2005, pp. 154, 162] Investigators also discover that Khalid Shaikh Mohammed (KSM) had frequently visited Yousef’s apartment in Manila, Philippines, where the bombs for the Bojinka plot were being made. [PBS Frontline, 10/3/2002] They also find Yousef has multiple fax and phone numbers for a “Khalid Doha.” Doha is the capital of Qatar. KSM has been living there openly since 1992 (see 1992-1995). Shortly after being apprehended, US authorities notice that Yousef calls one of these numbers in Qatar and asks to speak to a “Khalid.” The US already connected KSM to the 1993 WTC bombing just weeks after that attack and knew that he was living in Doha, Qatar (see March 20, 1993). [US Congress, 7/24/2003] There is an entry in Yousef’s seized telephone directory for a Zahid Shaikh Mohammed, Yousef’s uncle and KSM’s brother. Not long after this discovery is made, Pakistani investigators raid Zahid’s offices in Peshawar, Pakistan, but Zahid has already fled (see 1988-Spring 1995). In 1993, US investigators already discovered the connections between Yousef, Zahid, and KSM, after raiding Zahid’s house in Pakistan and finding pictures of them (see Spring 1993). [McDermott, 2005, pp. 154, 162] The FBI successfully arranges for a photograph to be taken of KSM. He is positively identified from the photo in December 1995. This results in his indictment in January 1996 for his role in the 1993 WTC bombing. US intelligence labels him a “top priority,” according the 9/11 Congressional Inquiry. [Los Angeles Times, 12/22/2002; US Congress, 7/24/2003]

Entity Tags: Ramzi Yousef, Zahid Shaikh Mohammed, Federal Bureau of Investigation, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The Alfred P. Murrah Building after being bombed.The Alfred P. Murrah Building after being bombed. [Source: CBS News]A truck bomb destroys the Alfred P. Murrah Federal Building in Oklahoma City, killing 168 people in America’s worst domestic terrorist attack. Timothy McVeigh, later convicted in the bombing, has ideological roots both in the Patriot world and among neo-Nazis like William Pierce, whose novel, The Turner Diaries (see 1978), served as a blueprint for the attack. [Washington Post, 4/20/1995; Southern Poverty Law Center, 6/2001; Clarke, 2004, pp. 127] Initially, many believe that no American set off the bomb, and suspect Islamist terrorists of actually carrying out the bombing (see 10:00 a.m. April 19, 1995 and After). Their suspicions prove groundless. Investigators will find that the bomb is constructed of some 5,000 pounds of ammonium nitrate and fuel oil, carried in 20 or so blue plastic 55-gallon barrels arranged inside a rented Ryder truck (see April 15, 1995). The bomb is detonated by a slow-burning safety fuse, most likely lit by hand. The fuse is attached to a much faster-burning detonation cord (“det cord”) which ignites the fertilizer and fuel-oil mixture. [New York Times, 4/27/1995] The Murrah Federal Building houses a number of federal agencies, including offices for the Bureau of Alcohol, Tobacco and Firearms (BATF); the Social Security Administration; the Housing and Urban Development (HUD), Veterans Affairs, and Agriculture departments; and the Secret Service. [Washington Post, 4/20/1995] It encompasses an entire city block, between 5th and 4th Streets and Harvey and Robinson Streets, and features a U-shaped, indented drive on 5th that allows for quick pickup and delivery parking. The entire building’s facade on this side is made of glass, allowing passersby to see into the offices in the building, as well as into the America’s Kids day care center on the second floor, which by this time is filling with children. It is in this driveway that McVeigh parks his truck. [Serrano, 1998, pp. 99-102]
Entering the City - McVeigh drives into Oklahoma City, entering around 8:30 a.m. from his overnight stop in Ponca City, Oklahoma; the details reported of his entrance into the city vary (see 7:00 a.m. - 8:35 a.m., April 19, 1995). At 8:55 a.m., a security camera captures the Ryder truck as it heads towards downtown Oklahoma City [Douglas O. Linder, 2006] , a sighting bolstered by three people leaving the building who later say they saw the truck parked in front of the Murrah Building around this time. At 8:57, a security camera captures an image of McVeigh’s Ryder truck being parked outside the Murrah Building in a handicapped zone. One survivor of the blast, Marine recruiter Michael Norfleet, later recalls seeing the Ryder truck parked just outside the building next to the little circle drive on 5th Street leading up to the main entrance of the building. Norfleet had parked his black Ford Ranger in front of the Ryder.
McVeigh Lights Fuses - McVeigh drives the Ryder truck west past the Murrah Building on NW Fourth Street, turns north on a one-way street, and turns right on Fifth Street. He pulls the truck over and parks near the Firestone store, next to a chain-link fence. He then lights the five-minute fuses from inside the cab (see 8:15 a.m. and After, April 18, 1995), sets the parking brake, drops the key behind the seat, opens the door, locks the truck, exits, and shuts the door behind him. A man later claims to have hit his brakes to avoid someone matching McVeigh’s description as he crossed Fifth Street around 9:00 a.m. McVeigh walks quickly toward a nearby YMCA building where he has hidden his getaway car, a battered yellow Mercury Marquis (see April 13, 1995), in the adjoining alleyway, crossing Robinson Street and crossing another street to get to the alleyway. He begins to jog as he approaches his car. He later says he remembers a woman looking at him as she is walking down the steps to enter the building; he will describe her as white, in her mid-30s, with dirty blonde hair. According to McVeigh’s own recollection, he is about 20 feet into the alley when the bomb goes off. [Stickney, 1996, pp. 184-185; PBS Frontline, 1/22/1996; Serrano, 1998, pp. 158; Douglas O. Linder, 2006; The Oklahoman, 4/2009]
Truck Explodes - At 9:02 a.m., the truck explodes, destroying most of the Murrah Building and seriously damaging many nearby buildings. Eventually, it will be determined that 168 people die in the blast, including 19 children. Over 500 are injured. The children are in the second-story day care center just above the parking space where McVeigh leaves the Ryder truck. McVeigh will later tell his biographers that he is lifted off his feet by the power of the blast.
Devastation and Death - When the bomb detonates, the day care center and the children plummet into the basement. The building, constructed with large glass windows, collapses, sending a wave of flying glass shards and debris into the building and the surrounding area. The oldest victim is 73-year-old Charles Hurlbert, who has come to the Social Security office on the first floor. Hurlbert’s wife Jean, 67, also dies in the blast. The youngest victim is four-month-old Gabeon Bruce, whose mother is also in the Social Security office. One victim, Rebecca Anderson, is a nurse who runs towards the building to render assistance. She never makes it to the building; she is struck in the head by a piece of falling debris and will die in a hospital four days after the blast. Her heart and kidneys will be transplanted into survivors of the bombing. [Denver Post, 6/3/1997; New York Times, 6/3/1997; Serrano, 1998, pp. 153-154; Oklahoma City Journal Record, 3/29/2001] Sherri Sparks, who has friends still unaccounted for in the building, tells a reporter in the hours after the blast, “Oh, I can’t stand the thought of… those innocent children, sitting there playing, thinking they’re safe, and then this happens.” The explosion leaves a 30-foot-wide, 8-foot-deep crater in the street that is covered by the wreckage of the building’s upper floors. The north face of the nine-story building collapses entirely. [Washington Post, 4/20/1995; Washington Post, 4/22/1995] Mary Heath, a psychologist who works about 20 blocks from the Murrah Building, says the blast “shook the daylights out of things—it scared us to death. We felt the windows shake before we heard the noise.” In a neighboring building, a Water Resources Board meeting is just commencing; the audiotape of the meeting captures the sound of the blast (see 9:02 a.m. and After, April 19, 1995). [Washington Post, 4/20/1995; The Oklahoman, 4/2009] Norfleet, trapped in the Marine Corps office, is thrown into a wall by the explosion. His skull is fractured, and a shard of glass punctures his right eye. Three separate arteries are pierced, and Norfleet begins bleeding heavily. Two supply sergeants in the office are far less injured; Norfleet asks one, “How bad am I hurt?” and one replies, “Sir, you look really bad.” One of the two begins giving Norfleet first aid; Norfleet later recalls: “He immediately went into combat mode and started taking care of me. He laid me on a table and he started looking for bandages to administer first aid. And while I was laying on that table, I just knew that I was losing strength and that if I stayed in the building, I would die.” Norfleet wraps a shirt around his head and face to slow the bleeding, and the two sergeants help him to the stairs, through the fallen rubble, and eventually out. Norfleet will later say that he follows “a blood trail of somebody that had gone down the steps before me” to get outside, where he is quickly put into an ambulance. He loses almost half his body’s blood supply and his right eye. He will never fly again, and will soon be discharged for medical incapacity. [Serrano, 1998, pp. 161-162] Eighteen-month-old Phillip Allen, called “P.J.” by his parents, miraculously survives the blast. The floor gives way beneath him and he plunges 18 feet to land on the stomach of an adult worker on the floor below, Calvin Johnson. Landing on Johnson’s stomach saves P.J.‘s life. Johnson is knocked unconscious by the blast and by the impact of the little boy falling on him, but when he awakes, he carries the toddler to safety. P.J.‘s grandfather calls the child “Oklahoma’s miracle kid,” and media reports use the label when retelling the story of the miraculous rescue. P.J. is one of six children in the day care center to survive the blast. [Stickney, 1996, pp. 275-277] Some people later report their belief that the Murrah Building was rocked by a second explosion just moments after the first one, the second coming from a secure area managed by the Bureau of Alcohol, Tobacco and Firearms (BATF) that illegally stored explosives. Law professor Douglas O. Linder will later write, “Both seismic evidence and witness testimony supports the ‘two blast theory.’” [Douglas O. Linder, 2006] That theory is later disputed (see After 9:02 a.m. April 19, 1995).
Explosion's Effects Felt Miles Away - Buildings near the Murrah are also damaged, seven severely, including the Journal Record newspaper building, the offices of Southwestern Bell, the Water Resources Board, an Athenian restaurant, the YMCA, a post office building, and the Regency Tower Hotel. Two Water Resources Board employees and a restaurant worker are killed in the blast. The Journal Record building loses its roof. Assistant Fire Chief Jon Hansen later recalls, “The entire block looked like something out of war-torn Bosnia.” Every building within four blocks of the Murrah suffers some effects. A United Parcel Service truck 10 miles away has its windows shattered by the blast. Cars in parking lots around the area catch fire and burn. Millions of sheets of paper, and an innumerable number of glass shards, shower down for hundreds of feet around the building. [Stickney, 1996, pp. 28-30]
Truck Axle Crushes Nearby Car - Richard Nichols (no relation to bomber Timothy McVeigh’s co-conspirator Terry Nichols), a maintenance worker standing with his wife a block and a half away from the Murrah Building, is spun around by the force of the blast. They throw open the back door of their car and begin taking their young nephew Chad Nichols out of the back seat, when Richard sees a large shaft of metal hurtling towards them. The “humongous object… spinning like a boomerang,” as Richard later describes it, hits the front of their Ford Festiva, smashing the windshield, crushing the front end, driving the rear end high into the air, and sending the entire car spinning backwards about 10 feet. Chad is not seriously injured. The metal shaft is the rear axle of the Ryder truck. Later, investigators determine that it weighs 250 pounds and was blown 575 feet from where the truck was parked. Governor Frank Keating (R-OK) points out the axle to reporters when he walks the scene a day or so later, causing some media outlets to incorrectly report that Keating “discovered” the axle. The scene will take investigators days to process for evidence. [Stickney, 1996, pp. 32; New York Times, 6/3/1997; Serrano, 1998, pp. 187-189]
First Responders Begin Arriving - Within minutes, survivors begin evacuating the building, and first responders appear on the scene (see 9:02 a.m. - 10:35 a.m. April 19, 1995).
McVeigh's Getaway - McVeigh flees the bomb site in his Mercury getaway car (see 9:02 a.m. and After, April 19, 1995), but is captured less than 90 minutes later (see 9:03 a.m. -- 10:17 a.m. April 19, 1995).

The CIA begins a program to track Islamist militants in Europe. The program is operated by local stations in Europe and CIA manager Michael Scheuer, who will go on to found the agency’s bin Laden unit in early 1996 (see February 1996). The program is primarily focused on militants who oppose the Egyptian government. It traces the support network that supplies money and recruits to them and that organizes their propaganda. US Ambassador to Egypt Edward Walker will later say that the operation involves intercepting telephone calls and opening mail. Suspects are identified in Egypt and in European cities such as Milan (see 1993 and After), Oslo, and London (see (Late 1995)). [Grey, 2007, pp. 125] The intelligence gathered as a part of this operation will be used for the CIA’s nascent rendition program (see Summer 1995).

Entity Tags: Michael Scheuer, Edward Walker, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

The CIA proposes a policy of abducting Islamic Jihad militants and sending them to Egypt which will soon be approved by President Bill Clinton (see June 21, 1995). The Clinton administration began a policy of allowing abductions, known as “renditions,” in 1993 (see 1993). At first, renditions were rarely used because few countries wanted the suspects. Michael Scheuer, head of the CIA’s bin Laden unit, is one of the architects of a 1995 agreement with Egypt to send rendered militants there. He will later recall: “It was begun in desperation.… We were turning into voyeurs. We knew where these people were, but we couldn’t capture them because we had nowhere to take them,” due to legal and diplomatic complications. The CIA realized that “we had to come up with a third party.” Egypt was the obvious choice because the Islamic Jihad is the prime political enemy of the Egyptian government, and many Islamic Jihad militants also work for al-Qaeda, an enemy of the US.
Turning a Blind Eye - However, the Egyptian secret police force, the Mukhabarat, is notorious for its torture of prisoners. As part of the program, the US helps track, capture, and transport suspects to Egypt (see Before Summer 1995) and then turns a blind eye while the Egyptians torture them. Scheuer claims the US could give the Egyptian interrogators questions they wanted put to the detainees in the morning and get answers by the evening. Because torture is illegal in the US, US officials are never present when the torture is done. Further, the CIA only abducts suspects who have already been convicted in absentia. Talaat Fouad Qassem is the first known person the CIA renders to Egypt (see September 13, 1995). But the number of renditions greatly increases in 1998, when the CIA gets a list of Islamic Jihad operatives around the world (see Late August 1998). These renditions result in a big trial in Egypt in 1999 that effectively destroys Islamic Jihad as a major force in that country (see 1999). [New Yorker, 2/8/2005]
CIA, NSC, Justice Department Lawyers Consulted - Scheuer will say that lawyers inside and outside the CIA are intensively consulted about the program: “There is a large legal department within the Central Intelligence Agency, and there is a section of the Department of Justice that is involved in legal interpretations for intelligence work, and there is a team of lawyers at the National Security Council, and on all of these things those lawyers are involved in one way or another and have signed off on the procedure. The idea that somehow this is a rogue operation that someone has dreamed up is just absurd.” [Grey, 2007, pp. 140-141]
Leadership of Program - The rendition program does not focus solely on al-Qaeda-linked extremists, and other suspected terrorists are also abducted. Scheuer will later tell Congress, “I authored it and then ran and managed it against al-Qaeda leaders and other Sunni Islamists from August 1995, until June 1999.” [US Congress, 4/17/2007 pdf file] A dedicated Renditions Branch will be established at CIA headquarters in 1997 (see 1997), but the relationship between Scheuer and its manager is not known—it is unclear whether this manager is a subordinate, superior, or equal of Scheuer, or whether Scheuer takes on this responsibility as well. After Scheuer is fired as unit chief in May 1999 (see June 1999), his role in the rendition program will presumably be passed on to his successor, Richard Blee, who will go on to be involved in rendition after 9/11 (see Shortly After December 19, 2001). In a piece apparently about Blee, journalist Ken Silverstein will say that he “oversaw… the [Counterterrorist Center] branch that directed renditions.” [Harper's, 1/28/2007]

Entity Tags: Mukhabarat (Egypt), Richard Blee, Islamic Jihad, Alec Station, Central Intelligence Agency, Egypt, Michael Scheuer

Timeline Tags: Torture of US Captives, Complete 911 Timeline

President Bill Clinton signs Presidential Decision Directive 39 (PDD-39) approving a rendition program recently proposed by the CIA (see Summer 1995). This program is the development of an earlier idea also approved by Clinton (see 1993) and comes two months after the bombing of a government building in Oklahoma City (see 8:35 a.m. - 9:02 a.m. April 19, 1995). The rendition program as approved by Clinton explicitly covers renditions of fugitives to the US to face trial: “When terrorists wanted for violation of US law are at large overseas, their return for prosecution shall be a matter of the highest priority and shall be a continuing central issue in bilateral relations with any state that harbors or assists them.” The directive does not require the foreign government’s consent: “Return of suspects by force may be effected without the cooperation of the host government.”
Third Countries - The 9/11 Commission will later point out that this directive also expressly approves transferring suspects to other countries: “If extradition procedures were unavailable or put aside, the United States could seek the local country’s assistance in a rendition, secretly putting the fugitive in a plane back to America or some third country for trial.”
Implications - In 2007, journalist Stephen Grey will comment on the policy’s implications: “In essence, the US government chose to outsource its handling of terrorists because neither Clinton nor his Republican opponents were prepared to establish a proper legal framework for the US to capture, interrogate, and imprison terrorists itself; nor to take the more direct military or diplomatic action required to eliminate the leadership of al-Qaeda in Afghanistan; nor to confront countries like Saudi Arabia or Pakistan whose policies helped encourage the growth of terrorism; nor to strengthen adequately the CIA’s own key capabilities.” [Grey, 2007, pp. 121, 123]

Entity Tags: Stephen Grey, William Jefferson (“Bill”) Clinton

Timeline Tags: Torture of US Captives

Diplomats at the US embassy in Egypt are not informed of the CIA’s rendition program. At this time the program is primarily aimed at locating enemies of the Egyptian regime and bringing them back to Egypt, where they are tortured (see Summer 1995 and Before Summer 1995). The only exception to this is US ambassador to Egypt Edward Walker, who is read into the CIA program although he is actually a State Department employee. One of the diplomats’ jobs is to report on Egypt’s extremely poor human rights record, including its torture methods. Walker will later comment, “It wasn’t a question of mincing words… I think the human rights reports were correct.” He will add that there are Chinese walls at the embassy to keep the CIA program secret from the diplomats: “The walls were huge and they only come together at the ambassador level… [The diplomats working on human rights] might have been a little upset if they knew what was going on.” [Grey, 2007, pp. 126]

Entity Tags: Central Intelligence Agency, Edward Walker

Timeline Tags: Torture of US Captives

Talaat Fouad Qassem, 38, a known leader of the Al-Gama’a al-Islamiyya (the Islamic Group), an Egyptian extremist organization, is arrested and detained in Croatia as he travels to Bosnia from Denmark, where he has been been living after being granted political asylum. He is suspected of clandestine support of terrorist operations, including the 1993 World Trade Center bombing (see February 26, 1993). He also allegedly led mujaheddin efforts in Bosnia since 1990 (see 1990). In a joint operation, he is arrested by Croatian intelligence agents and handed over to the CIA. Qassem is then interrogated by US officials aboard a US ship off the Croatian coast in the Adriatic Sea and sent to Egypt, which has a rendition agreement with the US (see Summer 1995). An Egyptian military tribunal has already sentenced him to death in absentia, and he is executed soon after he arrives. [Associated Press, 10/31/1995; Washington Post, 3/11/2002, pp. A01; Mahle, 2005, pp. 204-205; New Yorker, 2/8/2005] According to the 1999 book Dollars for Terror, two weeks before his abduction, Qassem was in Switzerland negotiating against Muslim Brotherhood leaders. Some Muslim Brotherhood exiles were negotiating with the Egyptian government to be allowed to return to Egypt if they agreed not to use Muslim Brotherhood Swiss bank accounts to fund Egyptian militant groups like Al-Gama’a al-Islamiyya, but Qassem and other radicals oppose this deal. So the removal of Qassem helps the Muslim Brotherhood in their conflict with more militant groups. [Labeviere, 1999, pp. 70-71]

Entity Tags: Croatia, Egypt, Talaat Fouad Qassem, Al-Gama’a al-Islamiyya, Ayman al-Zawahiri, Muslim Brotherhood

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Melissa Boyle Mahle.Melissa Boyle Mahle. [Source: Publicity photo]According to a later account by CIA agent Melissa Boyle Mahle, “a tidbit received late in the year revealed the location” Khalid Shaikh Mohammed (KSM) in Qatar (see 1992-1996). [Mahle, 2005, pp. 247-248] This presumably is information the FBI learned in Sudan that KSM was traveling to Qatar (see Shortly Before October 1995). However, US intelligence should also have been aware that KSM’s nephew Ramzi Yousef attempted to call him in Qatar in February 1995 while Yousef was in US custody (see After February 7, 1995-January 1996). Mahle is assigned to verify KSM’s identity. She claims that at the time the CIA is aware of KSM’s involvement in the Bojinka plot in the Philippines (see January 6, 1995) and in the 1993 WTC bombing (see February 26, 1993) She is able to match his fingerprints with a set of fingerprints the CIA already has in their files. [Guardian, 3/31/2005] By October 1995, the FBI tracks KSM to a certain apartment building in Qatar. Then, using high-technology surveillance, his presence in the building is confirmed. [Miniter, 2003, pp. 85-86] Mahle argues that KSM should be rendered out of the country in secret. The US began rendering terrorist suspects in 1993 (see 1993), and a prominent Egyptian extremist is rendered by the CIA in September 1995 (see September 13, 1995). She argues her case to CIA headquarters and to the highest reaches of the NSA, but is overruled. [Guardian, 3/31/2005] Instead, the decision is made to wait until KSM can be indicted in a US court and ask Qatar to extradite him to the US. Despite the surveillance on KSM, he apparently is able to leave Qatar and travel to Brazil with bin Laden and then back to Qatar at the end of 1995 (see December 1995). KSM will be indicted in early 1996, but he will escape from Qatar a few months later (see January-May 1996).

Entity Tags: Ramzi Yousef, Khalid Shaikh Mohammed, Melissa Boyle Mahle, National Security Agency, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Bin Laden and Khalid Shaikh Mohammed (KSM) apparently travel to Brazil together. After KSM will be captured in 2003, documents in his possession will show he had a twenty-day visa to Brazil during December 1995. Brazilian intelligence sources will later claim that bin Laden travels with KSM, and is caught on video at a meeting in a mosque in the Brazilian town of Foz do Iguacu. This town is in the tri-border area of Brazil, Paraguay, and Argentina, which has the largest Muslim population in South America and has long been known to be a haven for criminal activity. Bin Laden is said to appear in the video with a goatee instead of his usual full beard. [Agence France-Presse, 5/4/2003] In 1996, US intelligence will learn that KSM and bin Laden traveled together to a foreign country in 1995 (see 1996). It is not known if that is a reference to this trip or if they made other trips together. The Brazilian government will later claim that it told the US about this trip in late 1998. [Reuters, 3/18/2003]

Entity Tags: Khalid Shaikh Mohammed, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Abdallah bin Khalid al-Thani.Abdallah bin Khalid al-Thani. [Source: Fethi Belaid/ Agence France-Presse]Since Operation Bojinka was uncovered in the Philippines (see January 6, 1995), many of the plot’s major planners, including Ramzi Yousef, are found and arrested. One major exception is 9/11 mastermind Khalid Shaikh Mohammed (KSM). He flees to Qatar in the Persian Gulf, where he has been living openly using his real name, enjoying the patronage of Abdallah bin Khalid al-Thani, Qatar’s Interior Minister and a member of the royal family (see 1992-1996). [ABC News, 2/7/2003] He had accepted al-Thani’s invitation to live on his farm around 1992 (see 1992-1995). The CIA learned KSM was living in Qatar in 1995 after his nephew Ramzi Yousef attempted to call him there while in US custody (see After February 7, 1995-January 1996). The Sudanese government also tipped off the FBI that KSM was traveling to Qatar. Some CIA agents strongly urged action against KSM after his exact location in Qatar was determined, but no action was taken (see October 1995). In January 1996, KSM is indicted in the US for his role in the 1993 WTC bombing, and apparently this leads to an effort to apprehend him in Qatar that same month. FBI Director Louis Freeh sends a letter to the Qatari government asking for permission to send a team after him. [Los Angeles Times, 12/22/2002] One of Freeh’s diplomatic notes states that KSM was involved in a conspiracy to “bomb US airliners” and is believed to be “in the process of manufacturing an explosive device.” [New Yorker, 5/27/2002] Qatar confirms that KSM is there and is making explosives, but they delay handing him over. After waiting several months, a high-level meeting takes place in Washington to consider a commando raid to seize him. However, the raid is deemed too risky, and another letter is sent to the Qatari government instead. One person at the meeting later states, “If we had gone in and nabbed this guy, or just cut his head off, the Qatari government would not have complained a bit. Everyone around the table for their own reasons refused to go after someone who fundamentally threatened American interests….” [Los Angeles Times, 12/22/2002] Around May 1996, Mohammed’s patron al-Thani makes sure that Mohammed and four others are given blank passports and a chance to escape. A former Qatari police chief later says the other men include Ayman al-Zawahiri and Mohammed Atef, al-Qaeda’s number two and number three leaders, respectively (see Early 1998). [Los Angeles Times, 9/1/2002; ABC News, 2/7/2003] In 1999, the New York Times will report that “Although American officials said they had no conclusive proof, current and former officials said they believed that the Foreign Minister [Sheik Hamed bin Jasim al-Thani] was involved, directly or indirectly” in tipping off KSM. [New York Times, 7/8/1999] KSM will continue to occasionally use Qatar as a safe haven, even staying there for two weeks after 9/11 (see Late 2001).

Entity Tags: Ramzi Yousef, Mohammed Atef, Hamed bin Jasim al-Thani, Khalid Shaikh Mohammed, Abdallah bin Khalid al-Thani, Ayman al-Zawahiri, Louis J. Freeh, Osama bin Laden

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

A Renditions Branch is established at the CIA’s Counterterrorist Center. Its job is to find militant leaders and then assist their abduction. The US government has been rendering suspects for four years (see 1993), and the CIA has had a dedicated program for this since the summer of 1995 (see Summer 1995). [9/11 Commission, 7/24/2004, pp. 276] Although some specific rendition operations are known (see Summer 1998, July 1998-February 2000, and Late August 1998), the total before 9/11 is not. Estimates vary, but generally fall into a similar range:
bullet Citing a public statement by CIA Director George Tenet, 9/11 commission deputy executive director Chris Kojm will say “70 terrorists were rendered and brought to justice before 9/11;”
bullet Shortly after this, Tenet himself will confirm there were “over 70” renditions; [9/11 Commission, 3/24/2004]
bullet Tenet will also say “many dozen” suspects were rendered before 9/11; [Central Intelligence Agency, 3/24/2004]
bullet The 9/11 Congressional Inquiry will say that the Branch is involved in “several dozen” renditions before 9/11; [US Congress, 7/24/2003, pp. 728 pdf file]
bullet Michael Scheuer, a CIA manager responsible for operations against Osama bin Laden, will say that between 1995 and May 1999 “[t]he operations that I was in charge of concerned approximately 40 people…” [CounterPunch, 7/1/2006]

Entity Tags: Michael Scheuer, George J. Tenet, Renditions Branch (CIA), Chris Kojm, Counterterrorist Center, Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

A joint surveillance operation conducted by the CIA and Albanian intelligence identifies an Islamic Jihad cell that is allegedly planning to bomb the US Embassy in Tirana, Albania’s capital. The cell was created in the early 1990s by Mohammed al-Zawahiri, brother of Islamic Jihad and al-Qaeda leader Ayman al-Zawahiri. The operation intercepts lengthy discussions between the cell and Ayman. [New Yorker, 2/8/2005; Wright, 2006, pp. 269] At the behest of the US government, Egypt, which is co-operating with the US over renditions (see Summer 1995), issues an arrest warrant for Shawki Salama Attiya, one of the militants in the cell. Albanian forces then arrest Attiya and four of the other suspected militants. A sixth suspect is killed, but two more escape. The men are taken to an abandoned airbase, where they are interrogated by the CIA, and then flown by a CIA-chartered plane to Cairo, Egypt, for further interrogation. The men are tortured after arriving in Egypt:
bullet Ahmed Saleh is suspended from the ceiling and given electric shocks; he is later hanged for a conviction resulting from a trial held in his absence;
bullet Mohamed Hassan Tita is hung from his wrists and given electric shocks to his feet and back;
bullet Attiya is given electric shocks to his genitals, suspended by his limbs and made to stand for hours in filthy water up to his knees;
bullet Ahmed al-Naggar is kept in a room for 35 days with water up to his knees, and has electric shocks to his nipples and penis; he is later hanged for an offence for which he was convicted in absentia;
bullet Essam Abdel-Tawwab will also describe more torture for which prosecutors later find “recovered wounds.”
On August 5, 1998, a letter by Ayman al-Zawahiri will be published that threatens retaliation for the Albanian abductions (see August 5, 1998). Two US embassies in Africa will be bombed two days later (see 10:35-10:39 a.m., August 7, 1998). [Washington Post, 3/11/2002, pp. A01; New Yorker, 2/8/2005; Grey, 2007, pp. 128] The US State Department will later speculate that the timing of the embassy bombings was in fact in retaliation for these arrests. [Ottawa Citizen, 12/15/2001]

Entity Tags: Mohamed Hassan Tita, Shawki Salama Attiya, Mohammed al-Zawahiri, Albania, Central Intelligence Agency, Ahmed Saleh, Ahmed al-Naggar, Ayman al-Zawahiri, Essam Abdel-Tawwab, Islamic Jihad

Timeline Tags: Torture of US Captives, Complete 911 Timeline, Kosovar Albanian Struggle

In February 2000, CIA Director George Tenet testifies to Congress, “Since July 1998, working with foreign governments worldwide, we have helped to render more than two dozen terrorists to justice. More than half were associates of Osama bin Laden’s al-Qaeda organization.” Renditions are a policy of grabbing a suspect off the street of one country and taken the person to another where he was wanted for a crime or questioning without going through the normal legal and diplomatic procedures. [Associated Press, 12/27/2005] The CIA had a policy of rendering Islamic Jihad suspects to Egypt since 1995 (see Summer 1995). In July 1998, the CIA discovered a laptop containing organizational charts and locations of al-Qaeda and Islamic Jihad operatives, so presumably these renditions are a direct result of that intelligence find (see Late August 1998).

Entity Tags: George J. Tenet, Central Intelligence Agency, Al-Qaeda, Islamic Jihad

Timeline Tags: Torture of US Captives, Complete 911 Timeline

CIA operatives kidnap Ahmad Salama Mabruk and two other members of Islamic Jihad outside a restaurant in Baku, Azerbaijan (see Late August 1998). This is part of a covert CIA program to arrest Islamic Jihad operatives around the world and send them to Egypt (see Summer 1995). [Wall Street Journal, 7/2/2002] Mabruk is the closest ally of Ayman al-Zawahiri, al-Qaeda’s number two leader. Mabruk’s laptop computer turns out to contain al-Qaeda organizational charts and vital information about Islamic Jihad members in Europe. FBI agent Dan Coleman later calls this “the Rosetta Stone of al-Qaeda.” However, the CIA will not turn this information over to the FBI. John O’Neill, head of the FBI’s New York office, tries to get around this by sending an agent to Azerbaijan to get copies of the computer files from the Azerbaijani government. When that fails, he persuades President Clinton to personally appeal to the president of Azerbaijan for the files. The FBI eventually gets the files, but the incident deepens the tensions between the CIA and FBI. [Wright, 2006, pp. 268-269] The US monitored 67 phone calls between bin Laden and Azerbaijan from 1996 to 1998 (see November 1996-Late August 1998). Presumably, many of these would have been to Mabruk. Mabruk is sent to Egypt and given a long prison sentence. [Wall Street Journal, 7/2/2002]

Entity Tags: Islamic Jihad, Federal Bureau of Investigation, Ahmad Salama Mabruk, Central Intelligence Agency, Dan Coleman, John O’Neill, William Jefferson (“Bill”) Clinton

Timeline Tags: Complete 911 Timeline

Intelligence agents learn Mahfouz Walad Al-Walid (a.k.a. Abu Hafs the Mauritanian), an important al-Qaeda leader, is staying in a particular hotel room in Khartoum, Sudan. White House officials ask that he be killed or captured and interrogated. International capture operations of wanted militants, a practice known as “rendition,” have become routine by the mid-1990s (see 1993). In fact, over a dozen al-Qaeda operatives are rendered between July 1998 and February 2000 (see July 1998-February 2000). But in this case, both the Defense Department and the CIA are against it, although Al-Walid does not even have bodyguards. The CIA puts the operation in the “too hard to do box,” according to one former official. The CIA says it is incapable of conducting such an operation in Sudan, but in the same year, it conducts another spy mission in the same city. [New York Times, 12/30/2001; Clarke, 2004, pp. 143-46] A plan is eventually made to seize Al-Walid, but by then he has left the country. [New York Times, 12/30/2001]

Entity Tags: US Department of Defense, Central Intelligence Agency, Mahfouz Walad Al-Walid, Clinton administration

Timeline Tags: Complete 911 Timeline

Michael Scheuer.
Michael Scheuer. [Source: Publicity photo]CIA Director George Tenet removes Michael Scheuer as head of Alec Station, the CIA’s bin Laden unit. Scheuer had headed the unit since its inception in 1996 (see February 1996), and was known as a strong advocate for more government action against bin Laden. The full name of the new head of the unit has not been released and little is known about his performance. [Vanity Fair, 11/2004] Deputy Director of Operations Jack Downing tells Scheuer he is being fired because he is “mentally burned out” and because of a recent disagreement with the FBI over whether the deputy chief of Alex Station, who was detailed to the CIA from the FBI, could release information to the FBI without Scheuer’s approval. Downing tells Scheuer he was in the right, but that the criticism of his subordinate “should not have been put on paper”, and the FBI’s management is angry with him. Downing says he will get a medal and a monetary award, but should tell his subordinates he has resigned. Scheuer refuses to lie to his officers, signs a memo saying he will not accept a monetary award, and tells Downing “where he should store the medal.” [Scheuer, 2005, pp. 263-4; Wright, 2006, pp. 313] According to author Steve Coll, Scheuer’s CIA colleagues “could not be sure exactly [why Scheuer left] but among at least a few of them a believe settled in that [he] had been exiled, in effect, for becoming too passionate about the bin Laden threat…” In particular, he was angry about two recent missed opportunities (see 1997-May 29, 1998 and February 11, 1999) to assassinate bin Laden. [Coll, 2004, pp. 449-450] Scheuer will write in 2004 that, “On moving to a new position, I forwarded a long memorandum to the Agency’s senior-most officers—some are still serving—describing an array of fixable problems that were plaguing America’s attack on bin Laden, ones that the bin Laden unit had encountered but failed to remedy between and among [US intelligence agencies]… The problems outlined in the memorandum stood in the way of attacking bin Laden to the most effective extent possible; many remain today.” Problems include poor cooperation between agencies and a lack of experienced staff working on the bin Laden issue. Scheuer never receives a response to his memo. [Atlantic Monthly, 12/2004]

Entity Tags: Michael Scheuer, Jack Downing, George J. Tenet, Alec Station, Central Intelligence Agency, Osama bin Laden

Timeline Tags: Complete 911 Timeline

A large group of Islamic Jihad operatives are sentenced in Cairo in what becomes known as the “Trial of the Albanian Returnees.” Various disclosures are made at the trial about the way Islamic Jihad operated and how it provided support to al-Qaeda by forging travel documents, transferring money, and arranging communications. One of the revelations is that al-Qaeda has a key communication hub in Yemen. Despite this revelation (see Late 1998-Early 2002), al-Qaeda will continue to use it through 2001 (see Early 2000-Summer 2001). The defendants were arrested not only in Egypt, but also in Albania, Bulgaria, Azerbaijan, and the United Arab Emirates. In 1995, the CIA arranged a deal with Egypt to capture Islamic Jihad operatives around the world and send them to Egypt to be tortured and prosecuted (see Summer 1995). Eighty-seven of the defendants are convicted and ten are sentenced to death, including al-Zawahiri, who is tried in absentia. [New York Times, 11/21/2001] One of the convicted is Khaled Abu el-Dahab, who was operating a sleeper cell in California with double agent Ali Mohamed throughout the 1990’s (see 1987-1998). El-Dahab is sentenced to fifteen years in prison (see September 10, 1998). There are credible reports that many of the defendants confessed after being tortured in Egypt and Albania. [New York Times, 11/21/2001; Wright, 2006, pp. 269] The trial nearly eradicates the remnants of Islamic Jihad in Egypt and, according to some of the defendants, leaves only about forty members outside of Egypt. Al-Zawahiri and the other remaining members end up allying even closer to al-Qaeda. The two organizations will formally merge in early 2001 (see June 2001). [Wright, 2006, pp. 336]

Entity Tags: Ayman al-Zawahiri, Khaled Abu el-Dahab, Islamic Jihad, Egypt, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

The CIA drafts a new plan to combat al-Qaeda. The document, entitled “The Plan,” has several elements:
bullet Continue with the CIA’s rendition program, which had begun some time previously (see Summer 1995);
bullet Continue with disruption operations against al-Qaeda;
bullet Hire and train better officers with counterterrorism skills;
bullet Recruit more assets and try to penetrate al-Qaeda’s ranks;
bullet Close gaps in the collection of signals and imagery intelligence;
bullet Increase contacts with the Northern Alliance (see Summer 1999). [9/11 Commission, 7/24/2004, pp. 142]

Entity Tags: Central Intelligence Agency

Timeline Tags: Torture of US Captives, Complete 911 Timeline

Mohammed al-Zawahiri, brother of al-Qaeda second-in-command Ayman al-Zawahiri, is arrested at Dubai airport in the United Arab Emirates (UAE). While much less known than his brother, Mohammed quietly served an important role as Ayman’s deputy in Islamic Jihad, and as the group’s military commander (see 1993). He apparently disagreed with the increasing unification between Islamic Jihad and al-Qaeda, and quit in 1998 over that issue. [Jacquard, 2002, pp. 108] He is arrested in the UAE and then flown to Egypt as a part of the CIA’s rendition program (see Summer 1995). A senior former CIA officer will later confirm US involvement in the operation. [Grey, 2007, pp. 246, 299] Mohammed had been sentenced to death in absentia in Egypt the year before. [New Yorker, 9/9/2002] But his execution is not carried out, and he is said to reveal what he knows about Islamic Jihad. In 2007 it will be reported that his sentence is likely to be lessened in return for agreeing to renounce violence. [Jacquard, 2002, pp. 108; Associated Press, 4/20/2007] Note: there is a dispute about when he was arrested. Some sources indicate it was in the spring of 1999. [Grey, 2007, pp. 246; Associated Press, 4/20/2007] Others indicate it was a year later. [Jacquard, 2002, pp. 108; New Yorker, 9/9/2002]

Entity Tags: Mohammed al-Zawahiri, Ayman al-Zawahiri

Timeline Tags: Torture of US Captives, Complete 911 Timeline

After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

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

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

CIA officer Richard Blee, who is now chief of the CIA’s station in Kabul, Afghanistan, objects to the FBI interviewing high-ranking al-Qaeda detainee Ibn al-Shaykh al-Libi. The FBI obtained access to al-Libi after he was handed over to the US, and is obtaining some information from him about Zacarias Moussaoui and Richard Reid, who will be prosecuted in the US (see December 19, 2001). However, according to FBI agent Jack Cloonan, “for some reason, the CIA chief of station in Kabul is taking issue with our approach.” [American Prospect, 6/19/2005] CIA Director George Tenet learns of Blee’s complaints and insists that al-Libi be turned over to the CIA (see January-April 2002), which promptly puts him on a plane to Egypt (see January 2002 and After), where he is tortured and makes false statements (see February 2002). Blee was in charge of the CIA’s bin Laden unit on 9/11 and has only recently become chief of its Kabul station. [Berntsen and Pezzullo, 2005, pp. 59-60, 297] The FBI, which has long experience interviewing suspects, will continue in its attempts to use rapport-building techniques (see Late March through Early June, 2002), whereas the CIA will employ harsher techniques, despite not having much experience with interviews (see Mid-April 2002).

Entity Tags: Federal Bureau of Investigation, Central Intelligence Agency, Richard Blee, Ibn al-Shaykh al-Libi

Timeline Tags: Torture of US Captives, Complete 911 Timeline

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

The White House declares that the United States will apply the Geneva Conventions to the conflict in Afghanistan, but will not grant prisoner-of-war status to captured Taliban and al-Qaeda fighters. Though Afghanistan was party to the 1949 treaty, Taliban fighters are not protected by the Conventions, the directive states, because the Taliban is not recognized by the US as Afghanistan’s legitimate government. Likewise, al-Qaeda fighters are not eligible to be protected under the treaty’s provisions because they do not represent a state that is party to the Conventions either.
Administration Will Treat Detainees Humanely 'Consistent' with Geneva - In the memo, President Bush writes that even though al-Qaeda detainees do not qualify as prisoners of war under Geneva, “as a matter of policy, the United States Armed Forces shall continue to treat detainees humanely and to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The presidential directive is apparently based on Alberto Gonzales’s January 25 memo (see January 25, 2002) and a memo from Vice President Cheney’s chief of staff, David Addington (see January 25, 2002).
Bush Chooses Not to Suspend Geneva between US and Afghanistan - The directive also concludes that Bush, as commander in chief of the United States, has the authority to suspend the Geneva Conventions regarding the conflict in Afghanistan, should he feel necessary: Bush writes, “I have the authority under the Constitution to suspend Geneva as between the United States and Afghanistan, but I decline to exercise that authority at this time.” Though not scheduled for declassification until 2012, the directive will be released by the White House in June 2004 to demonstrate that the president never authorized torture against detainees from the wars in Afghanistan and Iraq. [George W. Bush, 2/7/2002 pdf file; CNN, 2/7/2002; Newsweek, 5/24/2004; Truthout (.org), 1/19/2005; Dubose and Bernstein, 2006, pp. 191]
Overriding State Department Objections - Bush apparently ignores or overrides objections from the State Department, including Secretary of State Colin Powell (see January 25, 2002) and the department’s chief legal counsel, William Howard Taft IV (see January 25, 2002). Both Powell and Taft strenuously objected to the new policy. [Savage, 2007, pp. 147]
Ignoring Promises of Humane Treatment - The reality will be somewhat different. Gonzales laid out the arguments for and against complying with Geneva in an earlier memo (see January 18-25, 2002), and argued that if the administration dispensed with Geneva, no one could later be charged with war crimes. Yet, according to Colin Powell’s chief of staff, Lawrence Wilkerson, sometime after the Bush memo is issued, Vice President Cheney and Defense Secretary Rumsfeld decide to ignore the portions promising humane treatment for prisoners. “In going back and looking at the deliberations,” Wilkerson later recalls, “it was clear to me that what the president had decided was one thing and what was implemented was quite another thing.” [Dubose and Bernstein, 2006, pp. 190-191]

Entity Tags: Geneva Conventions, George W. Bush, Colin Powell, Lawrence Wilkerson, William Howard Taft IV, Richard (“Dick”) Cheney, Bush administration (43)

Timeline Tags: Torture of US Captives, Civil Liberties

The Washington Post reveals that the US government has secretly transported “dozens of people” suspected of links to terrorists to foreign countries with poor human rights records “where they can be subjected to interrogation tactics—including torture and threats to families—that are illegal in the United States.” The program is known as “rendition” (see 1993) (see After September 11, 2001). [Washington Post, 3/11/2002]

Entity Tags: Washington Post, Bush administration (43)

Timeline Tags: Torture of US Captives

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

The CIA begins bringing exiled Iraqi fighters into the US to begin training for the Anabasis project (see Late November 2001 or December 2001). Some of the Iraqis are flown in on secret flights using the same planes that are involved in the CIA’s extraordinary renditions (see After September 11, 2001) Other exiles enter the US with CIA-provided passports. [Isikoff and Corn, 2006, pp. 155]

Entity Tags: Central Intelligence Agency

Timeline Tags: Alleged Use of False Flag Attacks, Events Leading to Iraq Invasion

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

According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
bullet Isolation during the first two weeks, when he does not even know he is in Afghanistan;
bullet Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
bullet Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
bullet Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
bullet High temperatures;
bullet Bright lights in a cell where he is kept;
bullet Loud music;
bullet Denial of time to pray;
bullet Insufficient food, which was “inedible”;
bullet Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
bullet Beatings;
bullet US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
bullet Hairs are ripped from his chest and head by US personnel; and
bullet US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi, Damien Cosetti

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

As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]

Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan

Timeline Tags: Civil Liberties

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

CIA Director Tenet says in a speech, “The Saudis are [providing] increasingly important support to our counterterrorism efforts, from making arrests to sharing debriefing results.” [Washington Post, 12/26/2002] Several terrorist suspects have been sent to Saudi Arabia for interrogation as part of a special rendition program. But US officials often “remain closely involved” with the questioning (see 1993).

Entity Tags: George J. Tenet

Timeline Tags: Torture of US Captives

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

Human Rights Watch writes to President Bush about the allegations of torture reported in the Washington Post (see December 26, 2002), asking that the allegations be investigated immediately. [Human Rights Watch, 12/26/2002; BBC, 12/26/2002; CBC News, 12/27/2002; Washington Post, 12/28/2002; Human Rights Watch, 5/7/2004] White House spokesman Scott McClellan denies that US interrogation practices violate international law and indicates no interest on the part of the administration to investigate the allegations. “We are not aware we have received the letter.… [W]e believe we are in full compliance with domestic and international law, including domestic and international law dealing with torture.” He adds that combatants detained by the US are always treated “humanely, in a manner consistent with the third Geneva Convention.” [Washington Post, 12/28/2002]

Entity Tags: Human Rights Watch, Scott McClellan, George W. Bush

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

Abdurahman Khadr, an al-Qaeda operative-turned-informant (see November 10, 2001-Early 2003 and Spring 2003), witnesses other detainees at the Bagram, Afghanistan, prison being hung from a wall by their shackles for as long as four days. [Toronto Star, 8/19/2004]

Entity Tags: Abdurahman Khadr

Timeline Tags: Torture of US Captives, War in Afghanistan

Carolyn Wood.Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002) (see December 26, 2002) (see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).

Entity Tags: Carolyn A. Wood

Timeline Tags: Torture of US Captives, War in Afghanistan

Lt. Gen. Daniel McNeill, the commander of US forces in Afghanistan (Commander of Joint Task Force 180), announces an investigation into the deaths of Bagram prisoners Dilawar (see December 10, 2002) and Mullah Habibullah (see November 30-December 3, 2002). Nevertheless, he claims both prisoners died of natural causes. Dilawar, according to McNeill had an advanced heart condition with his coronary arteries 85 percent blocked. “We haven’t found anything that requires us to take extraordinary action,” McNeill says. “We are going to let this investigation run its course.” But military pathologists have already determined both deaths were caused by beatings. Dilawar’s death certificate, signed by Maj. Elizabeth A. Rouse, a pathologist with the Armed Forces Institute of Pathology in Washington, stated that Dilawar’s cause of death was “blunt-force injuries to lower extremities complicating coronary artery disease.” [Guardian, 6/23/2004] When McNeill is asked whether the dead prisoners suffered injuries during detention, he denies this. “Presently, I have no indication of that,” he says. Later, McNeill claims that the prisoners had already suffered injuries before arriving at Bagram. When asked about the use of chains, he replies: “We are not chaining people to the ceilings. I think you asked me that question before.” [New York Times, 9/17/2004]

Entity Tags: Elizabeth A. Rouse, Dilawar, Daniel K. McNeill

Timeline Tags: Torture of US Captives, War in Afghanistan

Abdurahman Khadr.Abdurahman Khadr. [Source: Cageprisoners]Prisoner Abdurahman Khadr says he is forced at a US prison in Bagram, Afghanistan, to lie on a cold concrete block for two days in the spring of 2003. He also experiences US soldiers stepping on his shackles, which cut through his skin “to the bone.” A female guard drags him up a flight of stairs, he recalls, after smiling at her. He is then flown to the US prison in Guantanamo, Cuba. He says the flight was a “whole torture on its own,” because, “There were people screaming around me and there was people begging for water and nobody was getting anything.” At Guantanamo, he is placed in an isolation block for 30 days, in a dark cell with just a hole for food. He is only allowed out for 15 minutes every three days. He claims, “They use this room to torture us.… They put the heat up or they put it too low so we are freezing or we are suffering because there is no air. They put the music on so you can’t sleep. They throw rocks at the block so you can’t sleep.” Ironically, Khadr is serving as a CIA informant at the time (see November 10, 2001-Early 2003). When he asks his CIA handlers why he has to suffer so much, he is told it is to make the prisoners think he is one of them. [Toronto Star, 8/19/2004] He complains and in the early summer of 2003 he is transferred to better quarters and secretly allowed better treatment. Sometimes he is even allowed to secretly leave the prison. In September 2003, he will leave Guantanamo as the CIA gives him another assignment (see September-November 2003). [PBS Frontline, 4/22/2004]

Entity Tags: Abdurahman Khadr, Central Intelligence Agency

Timeline Tags: Torture of US Captives, War in Afghanistan

A New York Times article reports that the US government is rendering suspects abroad (see 1993) and that “stress and duress” techniques are being used at the secret CIA interrogation center located in a hangar at Bagram Air Base in Afghanistan (see October 2001). “Intelligence officials… acknowledged that some suspects had been turned over to security services in countries known to employ torture. There have been isolated, if persistent, reports of beatings in some American-operated centers,” the article claims. [New York Times, 3/9/2003; Human Rights Watch, 5/7/2004]

Timeline Tags: Torture of US Captives

The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Timeline Tags: Torture of US Captives

A report by the inspector general of the US Army’s Combined/Joint Task Force 180 in Bagram, Afghanistan, finds numerous problems with detainee treatment at Bagram and other facilities. The problems include a lack of training and oversight on acceptable interrogation techniques (see July 2002). According to the report, “Army doctrine simply does not exist” at the base, and detainees are not afforded “with the privileges associated with enemy or prisoner of war status” or the Geneva Conventions. The memoranda will be released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006). [American Civil Liberties Union, 1/12/2006]

Entity Tags: US Department of the Army

Timeline Tags: Torture of US Captives

Abu Musab al-Zarqawi, a Jordanian militant leader fighting against US-led forces in Iraq, allegedly says on an audiotape that prisons in Jordan have become “the Arab Guantanamo.” He says: “Whoever the Americans find hard to investigate in Pakistan and Afghanistan, they move to Jordan, where they are tortured in every way.” [Observer, 6/13/2004] Jordan is a country that is notorious for its use of torture (see 1993).

Entity Tags: Abu Musab al-Zarqawi

Timeline Tags: Torture of US Captives

Side profiles of Habibullah (left) and Dilawar (right).Side profiles of Habibullah (left) and Dilawar (right). [Source: CBS]More than one-and-a-half years after the deaths of the Afghan detainees Mullah Habibullah (see November 30-December 3, 2002) and Dilawar (see December 10, 2002), the US Army Criminal Investigation Command completes its investigation of the two cases. It finds that 28 military personnel, including two captains, were involved in the incident. The perpetrators could be charged with involuntary manslaughter, assault, and conspiracy. A Pentagon official says five or six of the soldiers will likely be charged with the most serious offenses. The investigation concludes that “multiple soldiers” beat Dilawar and Habibullah, using mostly their knees. It is likely, according to Pentagon officials, that the beatings were concentrated on the legs of the detainees, so that wounds would be less visible. Amnesty International severely criticizes the long duration of the investigation. “The failure to promptly account for the prisoners’ deaths indicates a chilling disregard for the value of human life and may have laid the groundwork for further abuses in Abu Ghraib and elsewhere,” says Jumana Musa of Amnesty International USA. [New York Times, 10/15/2004]

Entity Tags: Jumana Musa, Mullah Habibullah, Dilawar, Patrick J. Brown

Timeline Tags: Torture of US Captives, War in Afghanistan

The New York Times obtains a copy of a classified file of the Army criminal investigation into a number of detainee deaths at Bagram Air Force Base in Afghanistan. The report focuses on two Afghan detainees, Mullah Habibullah (see October 2004 and November 30-December 3, 2002) and a taxi driver known as Dilawar (see December 10, 2002), both of whom were in essence tortured to death; other detainees are also covered in the report. The Army report follows up on the official inquiry conducted in late 2004 (see October 2004).
Torture to Extract Information, Punish Detainees, and Alleviate Boredom - The Times writes: “Like a narrative counterpart to the digital images from Abu Ghraib, the Bagram file depicts young, poorly trained soldiers in repeated incidents of abuse. The harsh treatment, which has resulted in criminal charges against seven soldiers, went well beyond the two deaths. In some instances, testimony shows, it was directed or carried out by interrogators to extract information. In others, it was punishment meted out by military police guards. Sometimes, the torment seems to have been driven by little more than boredom or cruelty, or both.” One female interrogator has what a colleague in a sworn statement calls a taste for humiliation; that interrogator is described as having stood on the neck of one prostrate detainee, and having kicked another detainee in the genitals. Another statement tells of a shackled prisoner being forced to kiss the boots of his interrogators. A third tells of a detainee forced to pick plastic bottle caps out of a drum mixed with excrement and water. Overall, the Army report concludes that many of the tactics used by interrogators and guards amounts to criminal assault. Pentagon spokesman Larry Di Rita says: “What we have learned through the course of all these investigations is that there were people who clearly violated anyone’s standard for humane treatment. We’re finding some cases that were not close calls.” Seven soldiers, all interrogators and guards of low rank, have been charged with crimes ranging from dereliction of duty to maiming and involuntary manslaughter; two others received reprimands, and 15 others named in the original report were cited as bearing probable criminal responsibility in the deaths. One of the interrogators charged with assaulting Dilawar, Sergeant Selena Salcedo, says: “The whole situation is unfair. It’s all going to come out when everything is said and done.”
Many Interrogators Redeployed to Iraq; Bagram Tactics Used at Abu Ghraib - The Army criminal investigation was conducted slowly. During the course of the investigation, many of the Bagram interrogators, including their operations officer, Captain Carolyn Wood, were redeployed to Iraq (see Mid-March 2003). Wood took charge of interrogations at Abu Ghraib prison and, according to Army inquiries, began using tactics “remarkably similar” to those employed at Bagram (see July 15, 2003 and (Early August 2003)). She received the Bronze Star for her actions (see January 22, 2003-May 8, 2003).
Serious Disparities between Investigative Results and Personnel Statements - In the aftermaths of the deaths, military officials made a number of unsupported claims. The deaths of both Dilawar and Habibullah were originally listed as due to natural causes even as military coroners ruled the deaths homicides. The American commander in Afghanistan at the time, Lieutenant General Daniel McNeill, said that he had no indication that the deaths were caused by abuses carried out by US soldiers; the methods used in the detainees’ interrogations were, McNeill said, “in accordance with what is generally accepted as interrogation techniques.”
Poorly Trained Interrogators - The report focuses on one group of poorly trained interrogators from the Army’s 519th Military Intelligence Brigade (see July 2002). After Bush’s decree that terror suspects have no rights under Geneva, the interrogators began pushing the envelope of acceptable interrogation techniques. They began employing “stress positions” that cause pain and suffering but not, presumably, actual injury. They began experimenting with longer and longer periods of sleep deprivation. One of the more popular methods is called in military jargon “Fear Up Harsh,” or as one soldier called it, “the screaming technique.” The technique is based on verbally and physically intimidating detainees, and often degenerates into screaming and throwing furniture. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, sometimes tried to curb his interrogators’ excesses, but, contradictorily, often refused to countenance “soft” interrogation techniques, and gave some of the most aggressive interrogators wide latitude. Sergeant James Leahy recalled, “We sometimes developed a rapport with detainees, and Sergeant Loring would sit us down and remind us that these were evil people and talk about 9/11 and they weren’t our friends and could not be trusted.” One of Loring’s favorites was Specialist Damien Corsetti, nicknamed “Monster,” a tall, bearded interrogator Loring jokingly nicknamed “the King of Torture.” One Saudi detainee told Army investigators that during one session, Corsetti pulled out his penis, shoved it in the Saudi’s face, and threatened to rape him. (The earlier investigation found cause to charge Corsetti with assault, maltreatment of a prisoner, and indecent acts; no charges were filed. Corsetti was fined and demoted for brutalizing a female prisoner at Abu Ghraib.) By August 2002, the 519th interrogators, joined by a group of reservists from a military police company, were routinely beating their prisoners, and particularly favored the “common peroneal strike,” a potentially disabling blow to the side of the leg just above the knee. The MPs later said that they never knew such physical brutality was not part of Army interrogation practices. “That was kind of like an accepted thing; you could knee somebody in the leg,” one of the MPs, Sergeant Thomas Curtis, later told investigators.
'Timmy' - Specialist Jeremy Callaway told investigators of one Afghan prisoner with apparently severe emotional and mental problems. The detainee would eat his own feces and mutilate himself with concertina wire. He quickly became a favorite target for some of the MPs, who would repeatedly knee him in the legs and, at least once, chained him with his arms straight up in the air. The MPs nicknamed him “Timmy” after an emotionally disturbed child in the “South Park” animated television show. According to Callaway, one of the guards who beat the prisoner also taught him to screech like the cartoon character. Eventually, “Timmy” was sent home. [New York Times, 5/20/2005]

Entity Tags: US Department of the Army, Jeremy Callaway, James Leahy, Dilawar, Daniel K. McNeill, Damien Corsetti, Carolyn A. Wood, Lawrence Di Rita, Mullah Habibullah, New York Times, Steven Loring, US Department of Defense, Selena Salcedo, Thomas Curtis

Timeline Tags: Torture of US Captives

Former CIA manager Michael Scheuer, who ran the agency’s “rendition” program that sent suspected terrorists to foreign nations to be interrogated for information in the late 1990s (see Summer 1995 and 1997), says during a House Foreign Affairs Committee hearing that the assurances of Arab nations such as Egypt and Syria that a suspect will not be tortured are not “worth a bucket of warm spit.” Scheuer tells the assembled lawmakers that he knows of at least three mistakes that the CIA has made in its overseas rendition program, including the capture and subsequent torture of Canadian citizen Maher Arar (see September 26, 2002 and October 10, 2002-October 20, 2002). [Savage, 2007, pp. 149-150; US Congress, 4/17/2007 pdf file]

Entity Tags: Central Intelligence Agency, Alec Station, Maher Arar, Michael Scheuer, House Foreign Affairs Committee

Timeline Tags: Torture of US Captives

The American Civil Liberties Union (ACLU) releases previously classified documents that contain excerpts from a government report on harsh interrogation tactics used by US personnel against detainees in Iraq, Afghanistan, and Guantanamo Bay. The excerpts document repeated instances of abusive behavior, sometimes resulting in the deaths of prisoners. The documents, obtained under the Freedom of Information Act (FOIA), contain a report by Vice Admiral Albert Church, who compiled a comprehensive report on the Defense Department’s interrogation operations. Church terms the interrogations at Bagram Air Force Base in Afghanistan as “clearly abusive, and clearly not in keeping with any approved interrogation policy or guidance.” Only two pages from the Church report were released without redactions.
Deaths at Bagram - A portion of the document reports on the deaths of two prisoners at Bagram (see December 5-9, 2002 and November 30-December 3, 2002), who were, the document states, “handcuffed to fixed objects above their heads in order to keep them awake.” The report continues: “Additionally, interrogations in both incidents involved the use of physical violence, including kicking, beating, and the use of ‘compliance blows,’ which involved striking the [prisoners] legs with the [interrogators] knees. In both cases, blunt force trauma to the legs was implicated in the deaths. In one case, a pulmonary embolism developed as a consequence of the blunt force trauma, and in the other case pre-existing coronary artery disease was complicated by the blunt force trauma.” Both detainees died from pulmonary embolisms caused by, the ACLU writes, “standing chained in place, sleep deprivation, and dozens of beatings by guards and possibly interrogators.”
Deaths at Other Facilities - The documents also report on torture conducted at Guantanamo and several US-Afghan prisons in Kabul; the death of prisoner Dilar Dababa in Iraq in 2003 at the hands of US forces; the torture and beating of an Iraqi prisoner at “The Disco,” a detention facility located in the Special Operations Force Compound at Mosul Airfield in Iraq; an investigation into torture and abuse at Abu Ghraib prison near Baghdad; and the murder of prisoner Abed Mowhoush.
Process Flowed Through Undersecretary Cambone - Columnist Scott Horton writes: “A large portion of the torture, maiming, and murder of detainees occurred under authority issued under secret rules of engagement in the Pentagon. Much of this flowed through Undersecretary of Defense for Intelligence Stephen Cambone, a figure who has so far evaded scrutiny in the torture scandal.… Even the Senate Armed Services Committee review fails to get to the bottom of Dr. Cambone, his interrogations ROEs for special operations units he controlled, and the death, disfigurement, and torture of prisoners they handled. This is one of many reasons why a comprehensive investigation with subpoena power is urgently needed. But full airing of the internal investigations already conducted by the Department of Defense is an essential next step.” [Raw Story, 2/12/2009; American Civil Liberties Union, 2/12/2009]

Entity Tags: Senate Armed Services Committee, American Civil Liberties Union, Albert T. Church III, Bush administration (43), Dilar Dababa, Stephen A. Cambone, US Department of Defense

Timeline Tags: Torture of US Captives

Karen Greenberg, the executive director of the Center on Law and Security at the New York University School of Law, asks when the Obama administration intends on closing down the detention facility at Bagram Air Force Base (see October 2001). The facility has been the site of repeated torture and brutalization of prisoners (see January 2002, March 15, 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 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, December 26, 2002, Beginning 2003, February 2003, Spring 2003, October 2004, and May 20, 2005). Greenberg calls it a “far grimmer and more important American detention facility” than Guantanamo.
Little Information on Prisoners - Greenberg is unable to elicit specific information about how many prisoners are currently incarcerated at Bagram, who they are, where they are from, how they are classified—prisoners of war, enemy combatants, “ghost” detainees—how they are being treated, what human rights organizations have access to them, or what, if any, legal proceedings they have been put through. “It turns out that we can say very little with precision or confidence about that prison facility or even the exact number of prisoners there,” she writes. “News sources had often reported approximately 500-600 prisoners in custody at Bagram, but an accurate count is not available. A federal judge recently asked for ‘the number of detainees held at Bagram Air Base; the number of Bagram detainees who were captured outside Afghanistan; and the number of Bagram detainees who are Afghan citizens,’ but the information the Obama administration offered the court in response remains classified and redacted from the public record. We don’t even know the exact size of the prison or much about the conditions there, although they have been described as more spartan and far cruder than Guantanamo’s in its worst days. The International Committee of the Red Cross has visited the prison, but it remains unclear whether they were able to inspect all of it. A confidential Red Cross report from 2008 supposedly highlighted overcrowding, the use of extreme isolation as a punishment technique, and various violations of the Geneva Convention.”
Plans to Expand Facility - Greenberg says that the government is planning a large expansion of the Bagram facility, which is envisioned as holding up to 1,100 prisoners. She recommends:
bullet The administration stop being secretive about Bagram and release complete information on the prisoners being held there, or at the very least admit why some information cannot be released. “Otherwise, the suspicion will always arise that such withheld information might be part of a cover-up of government incompetence or illegality.”
bullet The reclassification of all detainees as “prisoners of war” who are protected under the Geneva Conventions. “Currently, they are classified as enemy combatants, as are the prisoners at Guantanamo, and so, in the perverse universe of the Bush administration, free from any of the constraints of international law. The idea that the conventions are too ‘rigid’ for our moment and need to be put aside for this new extra-legal category has always been false and pernicious, primarily paving the way for the use of ‘enhanced interrogation techniques.’”
bullet The rejection of the idea of “ghost prisoners” at Bagram or anywhere else. “The International Committee of the Red Cross must be granted access to all of the prisons or prison areas at Bagram, while conditions of detention there should be brought into accordance with humane treatment and standards.”
bullet The re-establishment of a presumption of innocence. “The belief that there is a categorical difference between guilt and innocence, which went by the wayside in the last seven years, must be restored. All too often, the military brass still assumes that if you were rounded up by US forces, you are, by definition, guilty. It’s time to change this attitude and return to legal standards of guilt.”
Greenberg concludes: “In the Bush years, we taught the world a series of harmful lessons: Americans can be as cruel as others. Americans can turn their backs on law and reciprocity among nations as efficiently as any tribally organized dictatorship. Americans, relying on fear and the human impulse toward vengeance, can dehumanize other human beings with a fervor equal to that of others on this planet. It’s time for a change. It’s time, in fact, to face the first and last legacy of Bush detention era, our prison at Bagram Air Base, and deal with it.” [TomDispatch (.com), 3/5/2009]

Entity Tags: Bush administration (43), Geneva Conventions, Obama administration, Karen Greenberg

Timeline Tags: Torture of US Captives

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