!! History Commons Alert, Exciting News

Follow Us!

We are planning some big changes! Please follow us to stay updated and be part of our community.

Twitter Facebook

Torture, Rendition, and other Abuses against Captives in US Custody

Criticisms of US on Human Rights

Project: Prisoner Abuse in Iraq, Afghanistan and Elsewhere
Open-Content project managed by Derek, KJF, mtuck

add event | references

Page 2 of 2 (171 events)
previous | 1, 2 | next

The American Civil Liberties Union (ACLU) releases Pentagon documents that include previously classified internal investigations into the abuse of detainees in US custody overseas. The documents provide new details about the deaths of detainees in Iraq, and internal dissent in the military over torture methods used at Guantanamo Bay. ACLU attorney Amrit Singh says: “These documents provide further evidence that the torture of prisoners in US custody abroad was not aberrational, but was widespread and systemic. They only underscore the need for an independent investigation into high-level responsibility for prisoner abuse.” The documents provide details of four investigations into prisoner deaths conducted by the Naval Criminal Investigation Service (NCIS):
bullet March 2003: Iraqi prisoner Hemdan El Gashame was shot to death in Nasiriyah (see March 2003);
bullet June 2003: A 53-year-old Iraqi man, Naem Sadoon Hatab, was strangled to death at the Whitehorse detainment camp in Nasiriyah (see June 2003);
bullet November 2003: Manadel al-Jamadi was beaten to death, apparently with a stove, at Abu Ghraib (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003 and November 5, 2003);
bullet 2004: Iraqi prisoner Farhad Mohamed died in Mosul (see 2004); later examination found contusions under his eyes and the bottom of his chin, a swollen nose, and cuts and large bumps on his forehead.
Another document shows that as far back as September 2002 Army officials were objecting to the methods used in interrogating Guantanamo prisoners (see September 2002). [American Civil Liberties Union, 5/14/2008]

Entity Tags: Manadel al-Jamadi, Farhad Mohamed, Amrit Singh, American Civil Liberties Union, Hemdan El Gashame, Naem Sadoon Hatab, Naval Criminal Investigative Service, US Department of Defense, US Department of the Army

Category Tags: Criticisms of US, Reports/Investigations, Physical Assault, Internal Memos/Reports, Guantanamo (US Base in Cuba), Other US Bases and Centers, Other Detainees

The American Civil Liberties Union (ACLU) responds to a just-released Justice Department report about prisoner abuse at Guantanamo and in US-run prisons in Iraq and Afghanistan (see May 20, 2008). “Today’s OIG [Office of the Inspector General] report reveals that top government officials in the Defense Department, CIA, and even as high as the White House turned a blind eye to torture and abuse and failed to act aggressively to end it,” says ACLU executive director Anthony Romero. “Moreover, the country’s top law enforcement agency—the FBI—did not take measures to enforce the law but only belatedly reported on the law’s violations. It’s troubling that the government seems to have been more concerned with obscuring the facts than with enforcing the law and stopping the torture and abuse of detainees. Had the government taken action in 2002, perhaps the disgrace of Abu Ghraib and other abuses could have been avoided.” Senior ACLU official Caroline Fredrickson says: “Attorney General Michael Mukasey recently testified to Congress that he cannot prosecute anyone for anything approved by Justice Department opinions that authorized detainee abuse (see February 7, 2008). But no one gets immunity for acts they should have known were illegal. The filtering up of information from FBI agents to high government officials makes claims of immunity even more incredulous.” And ACLU senior legislative counsel Christopher Anders says: “This new report should become exhibit A at the next Congressional hearing on the Bush administration’s use of torture. The House Judiciary Committee is in the middle of the first thorough Congressional review of the development and implementation of the torture policies at the top levels of government. The questions are who did what and what crimes were committed. This Justice Department report helps answer both questions.” [American Civil Liberties Union, 5/20/2008]

Entity Tags: Christopher Anders, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Central Intelligence Agency, Federal Bureau of Investigation, House Judiciary Committee, US Department of Justice, Michael Mukasey, US Department of Defense, Caroline Fredrickson

Category Tags: Criticisms of US, Human Rights Groups, Legal Proceedings, Reports/Investigations

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Category Tags: Criticisms of US, Reports/Investigations, Sexual Humiliation, Sleep Deprivation, Stress Positions, Use of Dogs, Abu Ghraib Prison (Iraq), Bagram (Afghanistan), Guantanamo (US Base in Cuba), Mohamed al-Khatani

The American Civil Liberties Union (ACLU) releases several heavily redacted documents detailing the CIA’s use of waterboarding as well as a similarly redacted CIA Office of Inspector General (OIG) report on the CIA’s interrogation and detention program. The documents are obtained through a Freedom of Information Act lawsuit. In addition, Judge Alvin Hellerstein has “preliminarily overruled” CIA assertions that other documents it is withholding are exempt from the lawsuit. ACLU senior official Jameel Jaffer says: “Even a cursory glance at these heavily redacted documents shows that the CIA is still withholding a great deal of information that should be released. This information is being withheld not for legitimate security reasons but rather to shield government officials who ought to be held accountable for their decisions to break the law.”
OIG Report References Classified OLC Torture Memo - The OIG report contains references to an as-yet unreleased Justice Department Office of Legal Counsel (OLC) memo from August 2002 authorizing an array of brutal interrogation methods (see August 1, 2002). (The OIG report calls the memo “unclassified.”)
As-Yet Unreleased Documents - If Hellerstein follows through on his preliminary ruling, the CIA could be forced to disgorge three more documents:
bullet A September 17, 2001 CIA presidential directive setting up secret CIA detention centers abroad (see September 17, 2001);
bullet An August 2002 OLC memo authorizing the CIA to use particular interrogation methods (see August 1, 2002);
bullet CIA documents gathered by the CIA’s inspector general in the course of investigations into unlawful and improper conduct by CIA personnel.
ACLU attorney Amrit Singh says: “We welcome the court’s preliminary ruling rejecting the CIA’s attempt to withhold records relating to its unlawful treatment of prisoners. If sustained, this ruling would be a historic victory that could compel the CIA to publicly disclose for the first time meaningful records relating to its use of torture.” [American Civil Liberties Union, 5/27/2008] The documents will be released two months later (see July 24, 2008).

Entity Tags: Jameel Jaffer, Alvin K. Hellerstein, American Civil Liberties Union, Central Intelligence Agency, Office of the Inspector General (CIA), Amrit Singh, Office of Legal Counsel (DOJ)

Category Tags: Criticisms of US, Human Rights Groups, Reports/Investigations, Waterboarding, Internal Memos/Reports

The British human rights organization Reprieve claims that the US has detained around 26,000 terror suspects in its network of secret prisons. It also says that several prisoners were held on a network of secret prison ships, both for detention and for interrogation sessions that were held “off the books.” The prisoners allegedly included American-born John Walker Lindh (see December 2001-January 2002) and Australian David Hicks (see July 3, 2003). Reprieve says that the US has used ships stationed off the Somali coast and off the Indian Ocean island of Diego Garcia to detain suspects (see June 2, 2008), including the USS Ashland, the USS Bataan, and the USS Peleliu; up to 17 naval vessels have been used, the group says. The Navy admits that its ships have sometimes housed prisoners for short periods of time, but denies that its vessels are used as long-term floating prisons. “We do not operate detention facilities on board Navy ships,” says Navy Commander Jeffrey Gordon, a Pentagon spokesman. Reprieve bases its claims on evidence from the US military, the Council of Europe, and testimony from a former detainee at the US prison camp at Guantanamo Bay, Cuba. [Associated Press, 6/2/2008]

Entity Tags: David Hicks, Clive Stafford Smith, Council of Europe, US Department of the Navy, John Walker Lindh, Reprieve, US Department of Defense, Jeffrey Gordon

Category Tags: Criticisms of US, Detainments, Human Rights Groups, Indefinite Detention, Rendition after 9/11, Ghost Detainees, USS Peleliu

A group of German civil rights lawyers files a lawsuit against the German government, demanding that the government attempt to extradite 13 CIA agents named in the alleged kidnapping of a German citizen. Khalid el-Masri, a German citizen of Lebanese descent, says he was abducted in December 2003 at the Serbian-Macedonian border (see December 31, 2003-January 23, 2004 and January 23 - March 2004). He was flown by the CIA to a detention center in Kabul, Afghanistan, where he was interrogated and abused for months. El-Masri says he was released in Albania in May 2004, and told that he was the victim of mistaken identity (see May 29, 2004). No government or body has yet taken responsibility for el-Masri’s kidnapping and brutalization. US Secretary of State Condoleezza Rice and other US officials have refused to address the case, but German Chancellor Angela Merkel has said the US acknowledged making a mistake with el-Masri.
Accountability - “We are demanding accountability” with the lawsuit, says attorney Wolfgang Kaleck. For himself, el-Masri says, “I just want the German government to acknowledge what happened to me.” An American judge dismissed a lawsuit filed by el-Masri against the CIA and three US corporations in 2006 (see May 18, 2006). In January 2007, German prosecutors issued warrants for the arrests of 13 CIA agents, accusing them of wrongfully imprisoning el-Masri and causing him serious bodily harm. The US Justice Department refused the requests, citing “American national interests,” and the German Ministry of Justice dropped the request. The lawsuit seeks to force the German government to reconsider extradition for the CIA agents.
Extraordinary Rendition - According to human rights organizations, el-Masri’s case is an example of “extraordinary rendition,” where the US takes suspected terrorists to foreign countries where they are subjected to abuse and torture. A criminal lawsuit against CIA officers in conjunction with the el-Masri case is also ongoing in Macedonia; that case could end up before the European Court of Human Rights. And the American Civil Liberties Union has also filed a petition on el-Masri’s behalf through the Inter-American Commission on Human Rights, a body that seeks to establish international laws. [Associated Press, 6/9/2008]

Entity Tags: European Court of Human Rights, Condoleezza Rice, American Civil Liberties Union, German Ministry of Justice, Khalid el-Masri, US Department of Justice, Wolfgang Kaleck, Central Intelligence Agency, Angela Merkel

Category Tags: Criticisms of US, Legal Proceedings, Rendition after 9/11, Khalid el-Masri

Physicians for Human Rights logo.Physicians for Human Rights logo. [Source: Newsguide (.us)]Retired Army Major General Antonio Taguba, who led the probe into prisoner torture and abuse at Baghdad’s Abu Ghraib prison (see March 9, 2004), accuses the Bush administration of committing “war crimes,” and calls for Bush officials to be held accountable. Taguba’s remarks are part of a wide-ranging report on US torture by the human rights organization Physicians for Human Rights (PHR). The report, released today, finds that US personnel tortured and abused detainees in Iraq, Afghanistan, and Guantanamo Bay, using beatings, electrical shocks, sexual humiliation, sleep deprivation, isolation, being hung from ceilings, and other practices. One prisoner was forced to drink urine. “After years of disclosures by government investigations, media accounts, and reports from human rights organizations, there is no longer any doubt as to whether the current administration has committed war crimes,” Taguba wrote in the report. “The only question that remains to be answered is whether those who ordered the use of torture will be held to account.” PHR calls the report the most complete medical and psychological examination of former detainees to date. The report focuses on statements from, and medical examinations of, 11 detainees held for long periods of time in various US-run prisons and facilities before being released without charges. The report, titled “Broken Laws, Broken Lives,” concurs with an investigation of Guantanamo conducted by investigative reporters for McClatchy News. PHR president Leonard Rubenstein says there was a direct connection between the Pentagon’s authorizations of extreme interrogation methods and the abuses his organization documented. “The result was a horrific stew of pain, degradation, and… suffering,” he says. [Physicians for Human Rights, 6/2008; McClatchy News, 6/18/2008]

Entity Tags: Bush administration (43), Antonio M. Taguba, Physicians for Human Rights, Leonard Rubenstein

Category Tags: Criticisms of US, Human Rights Groups

Lieutenant Colonel Darrel Vandeveld, a former Army prosecutor at Guantanamo, resigns his position after becoming increasingly disillusioned and despondent over the treatment of detainees at the facility, many of whom he believes are likely innocent.
A Reluctant Believer in Stories of Abuse - Vandeveld began as an enthusiastic prosecutor. He joined to help avenge the 9/11 attacks, and served for seven years as a military lawyer in Bosnia, Africa, Afghanistan, and Iraq. “All of us fought because we believed that we were protecting America and its ideals,” he will later write. “But my final tour of duty made me question everything we had done.” Vandeveld was a prosecutor for the Office of Military Commissions in Guantanamo from June 2007 through September 2008. He will write, “Warning signs appeared early on, but I ignored them.” He was powerfully impressed when his superior officer, Colonel Morris Davis, resigned rather than agree to pursue politically motivated prosecutions (see October 4, 2007). Vandeveld’s own turning point came when he began working on the prosecution of Mohammed Jawad, who was 16 at the time he was captured (see December 17, 2002). When Vandeveld learned that Jawad claimed to have been horrifically abused while in US custody, as he later recalls: “I accused him of exaggerating and ridiculed his story as ‘idiotic.’ I did not believe that he was a juvenile, and I railed against Jawad’s defense attorney, whom I suspected of being a terrorist sympathizer.” He came to change his mind, eventually filing a declaration in federal court “stating that it is impossible to prepare a fair prosecution against detainees at Guantanamo Bay (see January 13, 2009).… I had concluded that the system of handling evidence is a haphazard farce. I saw this clearly with Jawad.” Vandeveld will write that he has seen evidence proving both Jawad’s age and his stories of being brutalized, including beatings, being thrown down a flight of stairs, and being subjected to an intense program of sleep deprivation (see June 19, 2008): “As a juvenile, Jawad should have been treated with care, held separately from the adult population, and provided educational and other rehabilitation services. Instead, he was placed in isolation and deprived of sleep. More than once he tried to commit suicide, according to detainee records” (see December 2003).
Torturing an Innocent Man - Vandeveld began combing through evidence suggesting that Jawad was innocent, and found that not only had Jawad been duped and drugged by the terrorists who recruited him, the evidence shows that he never carried out the attack against US soldiers of which he stands accused. Vandeveld writes of the difficulties he had in gathering the evidence; military investigators repeatedly kept it from him. “Only after long delays and many, many requests was it finally given to me,” he will later write, “because even after nearly seven years, the military commissions do not have a system in place for discovering exculpatory evidence or providing it to the defense” (see January 20, 2009).
Sinking into Despair - Vandeveld began working towards Jawad’s release to his family in Afghanistan. But Vandeveld’s superiors refused to countenance the idea. Vandeveld will write of his increasing depression and despair, and his inability to discuss his mental anguish with his family or friends due to the classified nature of the case. He finally turned to a Jesuit priest, Father John Dear, whom, he writes, “has written and spoken widely about justice.” He could not give Dear more than an overview of the situation, but Dear’s advice was blunt. “Quit Gitmo,” Dear told him. “The whole world knows it is a farce. Refuse to cooperate with evil, and start your life over.” But Vandeveld was afraid to take Dear’s advice. As he recalls, “I was afraid of losing friends, my job, whatever popularity I enjoyed, and my status as someone who was well thought of in this community.”
Resignation - It was Dear and, ironically, Jawad’s defense lawyer, whom Vandeveld descirbes as “a scorned adversary whose integrity and intelligence transformed him into a trusted friend,” who finally led Vandeveld to make a decision: he resigns. His final appearance before the Guantanamo military commissions was as a witness in Jawad’s defense (see January 13, 2009). “My testimony was a confession of sorts,” he later writes, “an acknowledgment of the error of my own ways as well as a candid admission of the shortcomings of the system that I had so enthusiastically supported.” [Washington Post, 1/18/2009] Vandeveld will write that Guantanamo has become a “stain” on the US’s international reputation (see January 18, 2009). He will also call for Jawad’s release (see January 13, 2009).

Entity Tags: Office of Military Commissions, Darrel Vandeveld, John Dear, Mohammed Jawad

Category Tags: Criticisms of US, Military Commissions / Tribunals, Statements/Writings about Torture, Guantanamo (US Base in Cuba), Mohammed Jawad

Responding to speculation that his administration will continue the policies of torture and indefinite detention, President-elect Barack Obama says flatly that he will shut down the Guantanamo detention center as part of his administration’s new policy towards terror suspects. CBS interviewer Steve Kroft asks: “There are a number of different things that you could do early pertaining to executive orders. One of them is to shut down Guantanamo Bay. Another is to change interrogation methods that are used by US troops. Are those things that you plan to take early action on?” Obama responds: “Yes. I have said repeatedly that I intend to close Guantanamo, and I will follow through on that. I have said repeatedly that America doesn’t torture. And I’m gonna make sure that we don’t torture. Those are part and parcel of an effort to regain America’s moral stature in the world.” [Wall Street Journal, 11/11/2008; CBS News, 11/16/2008] Two days into his administration, Obama orders that the Guantanamo detention facility be closed (see January 22, 2009).

Entity Tags: Barack Obama, Steve Kroft, Bush administration (43)

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, High-level Decisions and Actions, Public Statements, Guantanamo (US Base in Cuba)

The American Civil Liberties Union (ACLU) releases Defense Department documents that detail systematic patterns of prisoner abuse in US detention facilities in Iraq. The documents, obtained through a Freedom of Information Act lawsuit, also show that Army investigations of abuse allegations in Iraq were compromised by missing records, flawed interviews, and problems with witnesses. ACLU lawyer Jameel Jaffer says: “The Bush administration created a climate in which abuse was tolerated even when it wasn’t expressly endorsed. With a new administration entering the White House, we should remember that the tone set by senior military and intelligence officials has very real implications for what takes place in US detention facilities overseas. The new administration should make clear from the outset that it won’t turn a blind eye to torture and abuse.”
Variety of Abuses - The documents pertain to eight Army investigations into detainee abuse conducted in 2003 and 2004. The abuse allegations included food and sleep deprivation, electric shocks, sexual threats, urinating on detainees, and the use of stress positions and attack dogs. One soldier stationed at Camp Cropper testified that “soldiers would hog-tie detainees out of their own frustration, because detainees would continuously ask them for water or in some form not be compliant.” A prisoner held in a facility called “Kilometer 22” testified that he was punched and beaten by an Egyptian interrogator when he did not provide the answers his US interrogators wanted. “These documents provide more evidence that abuse of prisoners was systemic in Iraq, and not limited to any particular detention center or military unit,” Jaffer says. “There was a culture of impunity.”
Compromised Investigations - Six of the eight investigations were compromised by an inability to locate key records. Three investigations included documents where military personnel stated that their facilities were so disorganized that it would be impossible to produce records on detainees. Three investigations were constrained when interviewees claimed not to recognize the names of the relevant detention facilities or the names of the capturing units. [American Civil Liberties Union, 11/19/2008]

Entity Tags: US Department of Defense, American Civil Liberties Union, Jameel Jaffer, Bush administration (43), US Department of the Army

Category Tags: Criticisms of US, Human Rights Groups, Insufficient Food, Physical Assault, Sexual Humiliation, Sleep Deprivation, Stress Positions, Use of Dogs, Internal Memos/Reports, Camp Cropper (Iraq)

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

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

Category Tags: Criticisms of US, High-level Decisions and Actions, Abu Ghraib Prison (Iraq), Guantanamo (US Base in Cuba)

Five Algerian detainees are released from Guantanamo after seven years’ imprisonment without charges ever being formally filed against them. They are released after a Supreme Court ruling ordered them granted habeas corpus rights in US courts (see June 22, 2008), and after a federal judge orders their detention to end (see November 20, 2008). The five tell reporters that their time in Guantanamo was hellish. “Nobody can imagine how horrible it was. Even the devil couldn’t have created such a bad, bad place,” says one detainee, computer technician Mustafa Ait Idir. “I was questioned and beaten more than 500 times during those seven years. The guards used to come in groups of six or seven, always using a spray against us first, and then the beatings would start.” Idir says he saw doctors participate in the abuse of prisoners: “I once saw a doctor with a group of guards. The doctor pointed to different places on a body of a prisoner saying ‘hit him here.’ After the beating, there were no visible marks on the body but that man was in such pain he couldn’t move.” Lawyer Stephen Oleskey says his client, Lakhdar Boumediene, had been force-fed through a nasal tube after he went on a seven-month hunger strike. “Twice a day he is strapped onto a chair at seven points,” says Oleskey of his client’s ordeal. “One side of his nose is broken, so they put it [the tube] in the other side… Sometimes it goes to his lung instead of his stomach. He can’t say anything because he has the mask on: that’s torture.” Idir recalls being confined in bare cells, often in complete darkness, others with powerful lights that prevented him from sleeping. [Agence France-Presse, 1/22/2009]

Entity Tags: US Supreme Court, Lakhdar Boumediene, Stephen Oleskey, Mustafa Ait Idir

Category Tags: Criticisms of US, High-level Decisions and Actions, Legal Proceedings, Abrogation of Rights, Physical Assault, Sleep Deprivation, Guantanamo (US Base in Cuba)

Twelve retired generals and admirals meet with President-elect Barack Obama’s transition team to ask that his administration completely repudiate the Bush administration’s policies of torture, rendition, and indefinite detentions of terror suspects. The group represents a larger number of some three dozen retired flag officers. Several of the participants tell reporters before the meeting about what they intend to discuss. The retired flag officers are going into the meeting with a list of “things that need to be done and undone,” says retired Marine General Joseph Hoar, who commanded the US Central Command (CENTCOM) from 1991 through 1994. “It is fairly extensive.” Such a set of moves by the Obama administration, the officers believe, would help reverse the decline in world opinion about the US, a decline they say was sparked by the issue of detainee abuse both in the Guantanamo detention center and in other such facilities. “We need to remove the stain, and the stain is on us, as well as on our reputation overseas,” says retired Vice Admiral Lee Gunn, a former Navy inspector general. Retired Major General Fred Haynes adds, “If he’d just put a couple of sentences in his inaugural address, stating the new position, then everything would flow from that.” But it needs to be done quickly and decisively, says Gunn: “Gradualism won’t do. That abrupt change will send a signal to the world that America is back.” [Associated Press, 12/2/2008; Reuters, 12/2/2008] Obama has said repeatedly that he will shut down the Guantanamo Bay detention center and stop the US practice of allowing detainees to be tortured (see November 16, 2008).

Entity Tags: Joseph Hoar, Barack Obama, Lee Gunn, Obama administration, US Central Command, Fred Haynes, Bush administration (43)

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, High-level Decisions and Actions, Guantanamo (US Base in Cuba)

Cover of ‘How to Break a Terrorist.’Cover of ‘How to Break a Terrorist.’ [Source: Military (.com)]Former Iraq interrogator “Matthew Alexander” (a pseudonym) publishes his book How to Break a Terrorist: The US Interrogators Who Used Brains, Not Brutality, to Take Down the Deadliest Man in Iraq. Alexander has just published an editorial in the Washington Post detailing his success in using non-coercive interrogation techniques to locate terrorist leader Abu Musab al-Zarqawi, and denouncing the use of torture by US interrogators in Iraq and Guantanamo (see November 30, 2008). Time’s Gilbert Cruz writes, “Structured around a series of interrogations, [Alexander’s book] details the battle of wills between ‘gators [Alexander’s term for interrogators] and suspects as well as the internal fight between Alexander’s team and the old-school military inquisitors used to more brutal methods of questioning.” In his book, Alexander writes that these “old-school” interrogation tactics not only failed to elicit useful information, they “led down the disastrous path to the Abu Ghraib scandal.” Cruz calls the book “a claustrophobic read,” bringing the reader into the interrogation rooms with him, his partner, and the detainee during marathon questioning sessions. However, “Alexander scarcely discusses the theories behind his interrogation strategy, its derivation, or whether the US military continues to use it.” He concludes, “[A] fuller epilogue could have broadened the story beyond this single set of circumstances.” [Time, 12/2/2008]
'Times Where You Have to be Harsher' - In an interview about the book, Fox News host Sean Hannity attempts to assert that there will be times when torture is necessary to gain critical information. Alexander refuses to agree. Hannity says: “But I do think there’s going to be times where you have to be harsher. That’s an outsider’s view. Never? It never will work?” Alexander replies: “No.… I don’t say that torture doesn’t work; it does work on occasion. But what I say is that there’s better ways to do it.” [Fox News, 12/3/2008]
'Extremely Ineffective and Counter-Productive' - In another interview the same evening, Alexander tells MSNBC’s Keith Olbermann that torture is “extremely ineffective and counter-productive to what we are trying to accomplish in both the short-term and the long-term.” He explains: “In the short-term, when you torture somebody, it hardens their resolve, the information that you get is unreliable. And if you do get reliable information, you’re able to stop a terrorist attack, al-Qaeda is then going to use the fact that we torture people to recruit new members, and then we’re going to have to deal with a whole new wave of terrorists.” In the MSNBC interview, Alexander calls for an outright ban on torture and the retraining of US interrogators in non-coercive methods of questioning. [MSNBC, 12/4/2008]

Entity Tags: Matthew Alexander, Gilbert Cruz, Keith Olbermann, Sean Hannity

Category Tags: Criticisms of US, Media, Statements/Writings about Torture, Waterboarding

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, SERE Techniques, Sexual Humiliation, Suppression of Religious Expression, Waterboarding, Guantanamo (US Base in Cuba)

Vanity Fair reporter David Rose publishes an extensive examination of the US’s use of torture to extract information from a number of suspected militant Islamists, focusing on three subjects: Abu Zubaida (see April - June 2002, Mid-April-May 2002, May 2002-2003, Mid-May, 2002, Mid-May 2002 and After, June 2002, and December 18, 2007), Khalid Shaikh Mohammed (see May 2002-2003, March 7 - Mid-April, 2003, After March 7, 2003, and August 6, 2007), and Binyam Mohamed (see May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). The conclusion he draws, based on numerous interviews with current and former CIA, military, and administration sources, is that torture not only does not work to provide reliable intelligence, it provides so much false information that it chokes the intelligence system and renders the intelligence apparatus unreliable. One CIA official tells Rose: “We were done a tremendous disservice by the [Bush] administration. We had no background in this; it’s not something we do. They stuck us with a totally unwelcome job and left us hanging out to dry. I’m worried that the next administration is going to prosecute the guys who got involved, and there won’t be any presidential pardons at the end of it. It would be okay if it were [former Attorney Generals] John Ashcroft or Alberto Gonzales. But it won’t be. It’ll be some poor GS-13 who was just trying to do his job.”
Enormous Waste of Resources - A veteran FBI counterterrorism agent says the waste of time and resources on false leads generated through torture has been enormous. “At least 30 percent of the FBI’s time, maybe 50 percent, in counterterrorism has been spent chasing leads that were bullsh_t,” he says. “There are ‘lead squads’ in every office trying to filter them. But that’s ineffective, because there’s always that ‘What if?’ syndrome. I remember a claim that there was a plot to poison candy bought in bulk from Costco. You follow it because someone wants to cover himself. It has a chilling effect. You get burned out, you get jaded. And you think, ‘Why am I chasing all this stuff that isn’t true?’ That leads to a greater problem—that you’ll miss the one that is true. The job is 24-7 anyway. It’s not like a bank job. But torture has made it harder.”
No Proof of Efficacy of Torture - Former FBI counterterrorism specialist Dan Cloonan points to the near-total lack of proof the administration has been able to advance to show that torture works. “The proponents of torture say, ‘Look at the body of information that has been obtained by these methods,’” he says. “But if KSM [Khalid Shaikh Mohammed] and Abu Zubaida did give up stuff, we would have heard the details. What we got was pabulum.” A former CIA officer says: “Why can’t they say what the good stuff from Abu Zubaida or KSM is? It’s not as if this is sensitive material from a secret, vulnerable source. You’re not blowing your source but validating your program. They say they can’t do this, even though five or six years have passed, because it’s a ‘continuing operation.’ But has it really taken so long to check it all out?”
Propaganda Value - Officials who analyzed Zubaida’s interrogation reports say that his reports were given such credence within the White House not because of the American lives they would supposedly save, but because they could be used to rebut those who criticized the Iraq invasion. “We didn’t know he’d been waterboarded and tortured when we did that analysis, and the reports were marked as credible as they could be,” says a former Pentagon analyst. “The White House knew he’d been tortured. I didn’t, though I was supposed to be evaluating that intelligence.” He was unable to draw valid conclusions about the importance of Zubaida’s confessions without knowing how the information was extracted. “It seems to me they were using torture to achieve a political objective,” he says. “I cannot believe that the president and vice president did not know who was being waterboarded, and what was being given up.”
False Claims of Preventing London Attack - President Bush has claimed that secret CIA black site interrogations “helped foil a plot to hijack passenger planes and fly them into Heathrow [Airport] and London’s Canary Wharf” (see October 6, 2005). The former head of Scotland Yard’s anti-terrorist branch, Peter Clarke, who served through May 2008 and helped stop several jihadist attacks, says Bush’s claim is specious. Clarke says it is possible that al-Qaeda had considered some sort of project along the lines of Bush’s assertion, but if it had, it was nowhere near fruition. “It wasn’t at an advanced stage in the sense that there were people here in the UK doing it,” he says. “If they had been, I’d have arrested them.” No terror plot of which Clarke is aware has been foiled due to information gathered due to torture.
FBI Director Confirms No Plots Disrupted by Torture Interrogations - Rose concludes by quoting an interview he held with FBI Director Robert Mueller in April 2008. Rose lists a number of plots disrupted by the FBI, all “foiled by regular police work.” He asked Mueller if he was aware of any attacks on America that had been disrupted thanks to what the administration calls “enhanced techniques.” Mueller responded, “I’m really reluctant to answer that.” He paused, looked at an aide, then said quietly, “I don’t believe that has been the case.” [Vanity Fair, 12/16/2008] On April 21, 2009, a spokesman for Mueller will say, “The quote is accurate.” [New York Times, 4/22/2008]

Entity Tags: Central Intelligence Agency, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, US Department of Defense, Robert S. Mueller III, Peter Clarke, Khalid Shaikh Mohammed, Federal Bureau of Investigation, David Rose, George W. Bush, Dan Cloonan, John Ashcroft, Binyam Mohamed

Category Tags: Criticisms of US, Independent Investigations, Statements/Writings about Torture

Former military prosecutor Lieutenant Colonel Darrel Vandeveld, who resigned his post in protest over the unwarranted prosecution of detainee Mohammed Jawad (see January 18, 2009), joins the American Civil Liberties Union (ACLU)‘s lawsuit on behalf of Jawad. The ACLU is demanding that Jawad be granted the right of habeas corpus and, ultimately, his release. Jawad has been held without trial for over six years, and, according to Vandeveld and the ACLU, no credible evidence of his probable guilt exists. Evidence does exist that Jawad was tortured while in US custody. In a brief filed with the court, Vandeveld writes, “[T]here is no credible evidence or legal basis to justify Mr. Jawad’s detention in US custody or his prosecution by military commission.” There is, however, “reliable evidence that [Jawad] was badly mistreated by US authorities both in Afghanistan and at Guantanamo.” Jawad was originally charged with throwing a hand grenade at US soldiers. Vandeveld writes that the evidence indicates Jawad, who was 16 when he was captured, never participated in any such attack, and was lured into joining an Afghan insurgent group by the promise of a well-paying job, and was drugged and lied to by the insurgents. What evidence does exist against Jawad is mostly exculpatory, Vandeveld writes, and all the evidence is scattered haphazardly throughout the Guantanamo facility. Some was found in a locker, and other documents have been lost. Thus, the US’s case against Jawad is unacceptably weak, Vandeveld contends. [Charlotte Examiner, 1/13/2009]
Jawad 'No Threat' - In defending Jawad, Vandeveld writes: “Had I returned to Afghanistan or Iraq, and had I encountered Mohammed Jawad in either of those hostile lands, where two of my friends have been killed in action and one of my very best friends in the world had been terribly wounded, I have no doubt at all—none—that Mr. Jawad would pose no threat whatsoever to me, his former prosecutor and now-repentant persecuter. Six years is long enough for a boy of 16 to serve in virtual solitary confinement, in a distant land, for reasons he may never fully understand.” [Salon, 1/21/2009]
Torture 'Miserably Common for Detainees in US Custody' - Salon’s Glenn Greenwald will write in support of Jawad and Vandeveld: “Jawad was never waterboarded, but no civilized human being would deny that the cumulative effect of his treatment at the hands of our country is torture in every sense of the word. And there’s nothing unique about his treatment. It wasn’t aberrational. Rather, it has been miserably common for detainees in US custody—not only at Guantanamo, but also in Bagram and throughout Iraq.” [Salon, 1/21/2009]

Entity Tags: Darrel Vandeveld, Bush administration (43), Glenn Greenwald, Mohammed Jawad, American Civil Liberties Union

Category Tags: Criticisms of US, Legal Proceedings, Forced Confessions, Intimidation/Threats, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Mohammed Jawad

Sparked by the official confirmation that Guantanamo detainee Mohamed al-Khatani was tortured (see January 14, 2009), Amnesty International calls for the incoming Obama administration and Congress to launch an independent commission of inquiry into human rights violations in the “war on terror.” In a press release, Amnesty International writes: “Torture is a crime under international law. The USA is obliged as a party to the UN Convention against Torture (see October 21, 1994) to investigate ‘wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.’ The same treaty requires it to submit the case to its competent authorities for the purpose of prosecution. The treaty, and international law more generally, precludes the invocation of exceptional circumstances or superior orders as justification for torture. Anyone who has authorized, committed, is complicit, or participated in torture must be brought to justice, no matter their level of office or former level of office. Yet the public acknowledgement that the USA has tortured al-Khatani was not accompanied by any news of efforts to bring those responsible to justice.” Such a government commission “must not be used to block or delay the prosecution of any individual against whom there is already sufficient evidence of wrongdoing. A criminal investigation into the torture of Mohamed al-Khatani is already long overdue.” The incoming president, Barack Obama, has already acknowledged that waterboarding, one of the “harsh interrogation techniques” used against Guantanamo detainees, is torture. “Next week, then, the USA will have a president who considers that torture has been committed by the USA,” Amnesty writes. “He will be under an obligation to ensure full individual and institutional accountability. There must be no safe havens for torturers.” As for al-Khatani, Amnesty believes the US should either release him or try him “in accordance with international fair trial standards in an independent and impartial court—not a military commission. No information obtained under torture, cruel, inhuman or degrading treatment should be admitted in any proceedings, except against the perpetrators of any such treatment as evidence that it occurred.” [Amnesty International, 1/14/2009]

Entity Tags: Barack Obama, Amnesty International, Obama administration, Mohamed al-Khatani

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Legal Proceedings, Reports/Investigations

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Category Tags: Criticisms of US, High-level Decisions and Actions, Legal Proceedings, Reports/Investigations, Statements/Writings about Torture, Extreme Temperatures, Isolation, Sexual Humiliation, Sleep Deprivation, Mohamed al-Khatani

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

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

Category Tags: Criticisms of US, Media, Reports/Investigations, Guantanamo (US Base in Cuba)

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” [Washington Post, 1/18/2009]

Entity Tags: Darrel Vandeveld

Category Tags: Criticisms of US, Detainments, Legal Proceedings, Forced Confessions, Involuntary Drugs, Physical Assault, Sleep Deprivation, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Mohammed Jawad

Former Deputy Secretary of State Richard Armitage, asked if waterboarding is torture, replies, “Absolutely.” Armitage’s interview is broadcast as part of the WNET documentary Torturing Democracy. Armitage, who graduated from the US Naval Academy in 1967 and served in Vietnam, was waterboarded as part of his Survival, Evasion, Resistance, and Escape (SERE) training, which was later used as a platform for developing the Bush administration’s torture policies (see December 2001 and January 2002 and After). He describes his own waterboarding, with physical gestures: “I was put on an incline. My legs were like that and my back went down. I can’t remember if it was a wet T-shirt or a wet towel was put over my nose and mouth, and it was completely soaked. But I could still breathe. And then a question would be asked and I would not answer, and water would slowly be poured in this. And the next time I took a breath, I’d be drawing in water, whether I took it from my mouth or my nose. For me, it was simply a feeling of helplessness.” The interviewer observes: “I’ve talked to a former SERE instructor who was also waterboarded, and he said there’s nothing simulated about it. You think you are drowning.” Armitage replies: “Except in the case that I did realize I was in Northern California, and I did realize the people doing this were actually on my side. But the sensation to me was one of total helplessness, and I’ve had a lot of sensations in my life, but helplessness was not generally one of them. But the sensation was enormously unpleasant and frightening to me.” Would he describe it as torture? Armitage is asked. “Absolutely,” he responds. “No question.” The interviewer then asks, “So how do you explain the recent indecision over whether or not waterboarding is torture?” Armitage responds: “I cannot believe that my nation is having a discussion on what is torture. There is no question in my mind—there’s no question in any reasonable human being, there shouldn’t be, that this is torture. I’m ashamed that we’re even having this discussion.” Armitage says the State Department was deliberately left out of the Bush administration discussions of torture, “I think precisely because we’d have no part of it.” As for the discussions among White House and Justice Department officials over what did and did not constitute torture, Armitage says: “Well, if you were twisting yourselves into knots because you’re fearful that you may be avoiding some war crimes, then you’re probably tripping too closely to the edge. The fact that you want to have a discussion about how to avoid being accused of war crimes would indicate that you’re pretty close to the edge to me.” [National Security Archives, 1/21/2009]

Entity Tags: US Department of State, Bush administration (43), US Department of Justice, Richard Armitage

Category Tags: Criticisms of US, Public Statements, Waterboarding

Retired Major General Paul Eaton, one of the 16 retired flag officers who joined President Obama in Obama’s signing of his executive order banning torture (see January 22, 2009), says that the Abu Ghraib scandal “immediately undermined me, my moral authority” as he worked in Iraq with eight other nations to build up Iraqi security forces. “It created a far more dangerous environment for every soldier, every marine we had in Iraq,” Eaton says. Eaton places direct blame for Abu Ghraib on the Bush administration’s push for enhanced interrogation techniques. [Bloomberg, 1/23/2009]

Entity Tags: Barack Obama, Paul Eaton, Bush administration (43)

Category Tags: Criticisms of US, High-level Decisions and Actions, Abu Ghraib Scandal Aftermath

Retired Brigadier General James Cullen, one of the 16 retired flag officers who joined President Obama in Obama’s signing of his executive order banning torture (see January 22, 2009), calls himself and his fellow officers “flank protection” against any criticism Obama may face for his order. Cullen, who served in the Judge Advocate General’s Corps, once thought that the abuses reported at Abu Ghraib prison were aberrations, the acts of a few individuals and perhaps their commanding officers. “I wanted to believe that,” he says. “Then l began to hear similar reports coming out of Guantanamo and Bagram in Afghanistan. There was a pattern—the sexual humiliation, the abuse. This kind of pattern is not a coincidence.” Cullen pins some of the blame for the torture and abuse of prisoners in American custody on former Vice President Dick Cheney, who said five days after the 9/11 attacks that the US would need more than a conventional military response to 9/11: “We also have to work, though, sort of the dark side, if you will” (see September 16, 2001). Cullen says that for military personnel, Cheney’s remarks were the equivalent of “the dissolute uncle up there winking, telling him he’s got license.” Cullen says that he was not alone in being shocked and appalled at the reports of torture; many of his fellow flag officers felt the same revulsion. “We were muttering to ourselves in the closet,” he says. “We knew this was not the military we left. Especially after the draft ended, people were in the services because they wanted to be—to better themselves and serve their country. A wonderful group of people who are receptive to training.” Cullen was instrumental in bringing retired flag officers together with Human Rights First, a civil advocacy group, to oppose the Bush torture policies. Cullen says that the practice of torture is not only immoral and inhumane, but ineffective. He says that a favorite scenario—the so-called “ticking time bomb,” where a bomb is planted to go off and only the torture of a suspect will provide the information needed to find and defuse the bomb in time to save civilian lives—is baseless. “It’s a false question from a classroom and from television shows like 24,” Cullen says, because an actual terrorist could give misleading information, or because people under intense pressure will say anything, true or false, to make the torture stop. “Another terrorist attack is going to happen. We feel certain of that. It’s not going to be because we ended torture. We will get better intelligence without it. And we keep our values.” [New York Times, 1/23/2009]

Entity Tags: Richard (“Dick”) Cheney, Human Rights First, James Cullen

Category Tags: Criticisms of US, High-level Decisions and Actions

News columnist Ann Woolner writes that with President Obama’s executive orders to close Guantanamo (see January 22, 2009) and stop torture of terror suspects (see January 22, 2009), “I am beginning to recognize my country again.” Referring to the infamous picture of the hooded Abu Ghraib prisoner with electric wires attached to his body (see April 29-30, 2004), “It’s time to lift the hood and let the man under it step off that box.” [Bloomberg, 1/23/2009]

Entity Tags: Ann Woolner

Category Tags: Criticisms of US, High-level Decisions and Actions

Attorneys for Jose Padilla, a US citizen convicted in 2007 of material support for terrorist activities (see May 8, 2002 and August 27, 2002) say that senior Bush administration officials knew Padilla was being tortured ever since being held as an enemy combatant in a South Carolina naval brig (see June 9, 2002). The lawyers say Bush officials such as former Defense Secretary Donald Rumsfeld must have known, because of the command structure and because Rumsfeld approved harsh interrogation tactics (see December 2, 2002). Padilla and his mother are suing the government for employing a wide variety of harsh interrogation tactics, including sleep deprivation, sensory deprivation, extended periods of isolation, forcible administering of hallucinogenic drugs, threats of death and mutilation, and enforced stress positions, as well as for violating his rights by holding him as an enemy combatant without due legal process. Both Rumsfeld and former Deputy Defense Secretary Paul Wolfowitz are named as defendants. Tahlia Townsend, an attorney for Padilla, says: “They knew what was going on at the brig and they permitted it to continue. Defendants Rumsfeld and Wolfowitz were routinely consulted on these kinds of questions.” The Justice Department is trying to get the case dismissed. [Raw Story, 1/30/2009] Justice Department lawyers claim that allowing the lawsuit to proceed would damage national security. They argue that a court victory for Padilla “would strike at the core functions of the political branches, impacting military discipline, aiding our enemies, and making the United States more vulnerable to terrorist attack.… Adjudication of the claims pressed by [Padilla] in this case would necessarily require an examination of the manner in which the government identifies, captures, designates, detains, and interrogates enemy combatants.” Padilla is seeking a symbolic $1 fine from each defendant along with a favorable ruling. [Christian Science Monitor, 1/29/2009]

Entity Tags: Paul Wolfowitz, Bush administration (43), Tahlia Townsend, US Department of Defense, US Department of Justice, Jose Padilla, Donald Rumsfeld

Category Tags: Criticisms of US, Detainments, Statements/Writings about Torture, Jose Padilla

Alberto Mora, the former general counsel for the Navy and a harsh critic of the Bush administration’s torture policies (see January 23-Late January, 2003), says: “I will tell you this: I will tell you that General Anthony [Antonio] Taguba, who investigated Abu Ghraib, feels now that the proximate cause of Abu Ghraib were the OLC memoranda that authorized abusive treatment (see November 6-10, 2001 and August 1, 2002). And I will also tell you that there are general-rank officers who’ve had senior responsibility within the Joint Staff or counterterrorism operations who believe that the number one and number two leading causes of US combat deaths in Iraq have been, number one, Abu Ghraib, number two, Guantanamo, because of the effectiveness of these symbols in helping recruit jihadists into the field and combat against American soldiers.” [Vanity Fair, 2/2009]

Entity Tags: Alberto Mora, Bush administration (43), Antonio M. Taguba

Category Tags: Criticisms of US, High-level Decisions and Actions

Two British High Court judges rule against releasing documents describing the torture and abuse of Guantanamo detainee Binyam Mohamed (see May-September, 2001). The judges cite threats from the US government as shaping their decision, saying that the US had threatened to withhold intelligence cooperation from Britain if the information on Mohamed’s treatment were made public.
Confession through Torture, Detainee Alleges - Mohamed is a British resident who was arrested in Pakistan in 2002 (see September 2001 - April 9, 2002). He was initially charged with planning a “dirty bomb” attack in the US (see November 4, 2005); those charges were later dropped (see October-December 2008), but he has allegedly confessed to being an al-Qaeda operative and remains in detention without charges. Mohamed says that the confession was tortured out of him during his detention in secret prisons in Pakistan (see April 10-May, 2002 and May 17 - July 21, 2002), Morocco (see July 21, 2002 -- January 2004), and Afghanistan (see January-September 2004), and later in Guantanamo. During his incarcerations at these various prisons, he says he was beaten, deprived of sleep, and had his genitals cut with a scalpel. Mohamed’s attorneys argue that he has committed no crime and is a victim of torture and rendition by US officials, with British cooperation (see February 24, 2009). [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]
Judges, Lawmakers 'Dismayed' at US Threats - In their decision, Judges John Thomas and David Lloyd Jones write, “We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence… relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be.” [Washington Post, 2/5/2009] They are dismayed that “there would be made a threat of the gravity of the kind made by the United States government, that it would reconsider its intelligence-sharing relationship” with Britain, one of its closest allies, if the British government made the summary public. [Los Angeles Times, 2/5/2009] They warn that a US withdrawal from intelligence-sharing could “inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat” remains. Conservative member of parliament David Davis tells the House of Commons, “The government is going to have to do some pretty careful explaining about what’s going on.” It is absolutely inappropriate for the US to have “threatened” the British government, Davis says: “The ruling implies that torture has taken place in the Mohamed case, that British agencies may have been complicit, and further, that the United States government has threatened our High Court that if it releases this information the US government will withdraw its intelligence cooperation with the United Kingdom.… Frankly, it is none of their business what our courts do.”
Lawyer Objects - Clive Stafford Smith, Mohamed’s attorney, says that by not disclosing the evidence, Britain is guilty of “capitulation to blackmail.… The judges used the word ‘threat’ eight times. That’s a criminal offense right there. That’s called blackmail. Only the Mafia have done that sort of stuff.” Smith continues: “It is hardly Britain’s finest hour. As the judges say, it is up to President Obama to put his money where his mouth is. He must repudiate his predecessor’s reprehensible policy.”
Prime Minister Knows Nothing of Threats - Officials in Prime Minister Gordon Brown’s office say they know nothing of any threats from Obama officials. “We have not engaged with the new administration on the detail of this case,” says a Brown spokesman. But British Foreign Secretary David Miliband notes: “Matters regarded as secret by one government should be treated as secret by others. For it to be called into question would pose a serious and real risk to continuing close intelligence-sharing with any government.” Miliband notes that the British government has made “strenuous efforts” to have Mohamed released (see August 2007). [New York Times, 2/4/2009; Washington Post, 2/5/2009]
ACLU Asks for Clarification - The American Civil Liberties Union (ACLU) has sent a letter to Secretary of State Hillary Clinton, asking that she clarify the Obama administration’s position on the Mohamed case and to reject what it described as the Bush administration’s policy of using false claims of national security to avoid judicial review of controversial programs. According to ACLU head Anthony Romero, “The latest revelation is completely at odds with President Obama’s executive orders that ban torture and end rendition, as well as his promise to restore the rule of law.” State Department spokesman Robert Wood refuses to comment on the judges’ statement, saying, “It’s the first I’ve heard of it.” [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]

Entity Tags: Robert Wood, John Thomas, Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Obama administration, Clive Stafford Smith, David Lloyd Jones, David Davis, Gordon Brown, David Miliband, Hillary Clinton

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Abrogation of Rights, Guantanamo (US Base in Cuba), Binyam Mohamed

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

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

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Legal Proceedings, Extreme Temperatures, Forced Confessions, Insufficient Food, Guantanamo (US Base in Cuba), Binyam Mohamed

Ben Wizner, an attorney with the American Civil Liberties Union (ACLU) representing five plaintiffs suing a Boeing subsidiary for participating in their extraordinary rendition and torture (see February 9, 2009, says it is remarkable that the Obama administration is opposing the lawsuit. Wizner notes that the entire claim of “state secrets” advocated by the Justice Deparment in its quest to have the lawsuit thrown out is based on two sworn declarations from former CIA Director Michael Hayden. One was made public and one was filed secretly with the court. In those declarations, Hayden argued that courts cannot become involved in the case because to do so would be to disclose and thus degrade secret CIA programs of rendition and “harsh interrogation.” Wizner notes that President Obama ordered those programs shut down (see January 22, 2009). He says it is difficult to see how the continuation of the lawsuit could jeopardize national security when the government claims to have terminated the programs that are being protected. Salon pundit Glenn Greenwald writes: “What this is clearly about is shielding the US government and Bush officials from any accountability. Worse, by keeping Bush’s secrecy architecture in place, it ensures that any future president—Obama or any other—can continue to operate behind an impenetrable wall of secrecy, with no transparency or accountability even for blatantly criminal acts.” [Salon, 2/9/2009]

Entity Tags: Obama administration, American Civil Liberties Union, Ben Wizner, Bush administration (43), Glenn Greenwald

Category Tags: Criticisms of US, High-level Decisions and Actions, Legal Proceedings, Extraordinary Rendition

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

Category Tags: Coverup, Criticisms of US, Indications of Abuse, Reports/Investigations, Isolation, Physical Assault, Poor Conditions, Sleep Deprivation, Stress Positions, Bagram (Afghanistan), Other Detainees

The American Civil Liberties Union (ACLU) and other human rights organizations release over a thousand pages of government documents obtained through the Freedom of Information Act (FOIA). The documents provide new details of the Bush administration’s treatment of prisoners in its “global war on terror.” Among other things, the documents show a much closer collaboration between the CIA and the Defense Department than initially believed; the Defense Department was intimately involved with the CIA’s practices of indefinite “ghost” detentions and torture. The documents confirm the existence of a previously “undisclosed detention facility” at Afghanistan’s Bagram Air Base and details of the extensive abuse and torture of prisoners at that facility. They also show that the Defense Department worked to keep the Red Cross away from its detainees by refusing to register their capture with the International Committee of the Red Cross (ICRC) for two weeks or more, “to maximize intelligence collection,” a practice the Defense Department officials acknowledged in their private communications to be illegal under the Geneva Conventions.
CIA, Defense Department in Collusion? - The Center for Constitutional Rights notes, “These policies demonstrate the ease with which the CIA could have used DOD facilities as ‘sorting facilities’ without having to worry about ICRC oversight or revelation of the ghost detainee program.” The documents also include e-mails sent to Defense Department Transportation Command officials recommending that a number of prisoners slated for release from Guantanamo be detained longer, for fear of negative press coverage (see February 17, 2006). [AlterNet, 2/13/2009] “These newly released documents confirm our suspicion that the tentacles of the CIA’s abusive program reached across agency lines,” says Margaret Satterthwaite of New York University’s International Human Rights Clinic. “In fact, it is increasingly obvious that defense officials engaged in legal gymnastics to find ways to cooperate with the CIA’s activities. A full accounting of all agencies must now take place to ensure that future abuses don’t continue under a different guise.”
Heavy Redactions Thwart Intent of FOIA - Amnesty International’s Tom Parker notes that much of the information in the documents was blacked out before its release. “Out of thousands of pages, most of what might be of interest was redacted,” he says. “While the sheer number of pages creates the appearance of transparency, it is clear this is only the tip of the iceberg and that the government agencies have not complied with spirit of President Obama’s memo on Freedom of Information Act (FOIA) requests (see January 21, 2009). We call on Attorney General Eric Holder and the Obama administration to put teeth into the memo and work actively to comply with FOIA requests.” [Center for Constitutional Rights, 2/12/2009]

Entity Tags: US Department of Defense, Geneva Conventions, Central Intelligence Agency, Center for Constitutional Rights, Amnesty International, American Civil Liberties Union, International Committee of the Red Cross, Obama administration, International Human Rights Clinic, New York University, Margaret Satterthwaite, Tom Parker

Timeline Tags: Civil Liberties

Category Tags: Coverup, Criticisms of US, High-level Decisions and Actions, Extraordinary Rendition, Ghost Detainees

Brandon Neely.Brandon Neely. [Source: Associated Press]A former Guantanamo guard, Specialist Brandon Neely, discusses his experiences with MSNBC talk show host Rachel Maddow. He also gives a lengthier interview to the Guantanamo Testimonials Project, run by the Center for the Study of Human Rights in the Americas at the University of California at Davis. Neely was at Guantanamo when the first prisoners arrived in January 2002, and stayed for some six months before being transferred. Later, he served in Iraq. Neely says he is still haunted by the memories of what he saw during his time at Guantanamo. Neely, who was honorably discharged from the Army in 2008, is the president of the Houston chapter of Iraq Veterans Against the War (IVAW).
'I Was Ready for Revenge' - When he learned that he was being assigned to Guantanamo, as he recalls, “We were told… these people would not fall under the Geneva Convention.” Neely says that from the outset, he and the other guards were trained to be very adversarial towards the detainees: “We were just told from the get-go that these were the guys who planned 9/11, that these are the worst people in the world.… I was ready for revenge. I was angry. I was ready to go to war.” He recalls the day that the first detainees arrived (see January 11, 2002-April 30, 2002). When they arrived, Neely was startled: “Most of them were small, underweight, very scared, and injured. I was expecting these people to come off that bus looking like vicious monsters.”
Fear of Execution Provoked Resistance - Neely recalls one physical incident between himself and an older prisoner that happened the first day. When the prisoner resisted being forced to his knees, Neely slammed him to the cement floor; other guards “went ahead and hog-tied him.” The next day, as Neely recalls: “I could see on the side of his—side of his face, he was all scraped up and bruised.… And I later learned from other detainees the reason that he moved and he jerked away from us was when we placed him on his knees, he thought we were going to execute him.” However, his fellow guards were pleased, saying, “Man, that was a good job; you got you some.” Neely witnessed other physical abuses, including one instance when a prisoner was beaten by a medic for refusing to drink a can of Ensure. Neely later learned that the prisoner believed the Ensure to have been poisoned. He also witnessed a detainee beaten unconscious for calling a female guard a “b_tch.” Guards sometimes called prisoners “sand n_ggers.” Guards sometimes told detainees that their villages or countries had been bombed and their families were all dead. Sometimes the guards told prisoners that they could be executed at any time.
Lack of Respect for Religious Beliefs - Neely knows of at least one incident where a guard, searching a prisoner’s cage, threw the prisoner’s Koran to the floor, provoking outrage among the detainees. Neely says the guard swore that he threw the Koran aside without thinking. Other incidents were more deliberately provocative: loud rock music or the national anthem would be played during the morning call to prayer; soldiers would mock and ridicule prisoners during their worship services, soldiers would blast praying detainees with water and call the incidents accidents; prisoners were fed pork, a proscribed food, without being informed of what they were eating.
David Hicks: Humanizing the 'Monsters' - Neely spent a good amount of time talking with Australian detainee David Hicks (see December 2000-December 2001). Hicks repeatedly insisted that he had been in Afghanistan fighting well before the Americans arrived, and that he would never fight Americans. He told Neely that he had been captured by Northern Alliance forces while trying to leave the country, and his captors sold him to the Americans for $1,500. Neely recalls: “Hicks did not come across as the cold-blooded killer that we were told all these guys were. He was a normal guy like me.… During these times is when I really started to look at the detainees as real people and not just monsters, as I had been told they were.”
'Trial and Error' - Neely says: “There was no standard operating procedures as far as how a detainee camp was supposed to be run. There was kind of like a trial-and-error period, if this didn’t work, we’ll try this way one day—you know, just everyday was something different until they thought it was right.” He tells The Independent: “As far as the Geneva Conventions, we touched very shortly on that in training. Most of what people knew about them was from their own readings.” [MSNBC, 2/17/2009; Independent, 2/18/2009]
Conclusion - Neely says: “I think everyone can agree that, at Guantanamo Bay, Cuba, there are some really bad people. And there are a lot of good people there as well. But—innocent, guilty, black, white, Muslim, or Jew, no matter what you are—there is no excuse to treat people in the manner that I and other people did. It’s wrong and just downright criminal, and it goes against everything the United States of America stands for.” [Independent, 2/18/2009]

Entity Tags: Center for the Study of Human Rights in the Americas, Geneva Conventions, David Hicks, Iraq Veterans Against the War, Brandon Neely, Rachel Maddow, Guantanamo Testimonials Project

Category Tags: Criticisms of US, Physical Assault, Guantanamo (US Base in Cuba)

Retired Major General Anthony Taguba, who headed an intensive military investigation into the abuses at Abu Ghraib prison (see March 9, 2004), is one of the most prominent supporters of the call to investigate the Bush administration’s interrogation, detention, and torture policies. Taguba joins 18 human rights organizations, former State Department officials, former law enforcement officers, and former military leaders in asking President Obama to create a non-partisan commission to investigate those abuses. Even though prosecuting former Bush officials might be difficult, Taguba says, a commission would provide some measure of accountability for the practices Taguba calls “misguided,” “illegal,” “despicable and questionable.” Taguba wants the commission to study the Bush administration’s claims that torture provides good intelligence, which he disputes. He particularly wants the commission to investigate administration officials’ claims that the administration’s policies were legal. Taguba says he supports “a structured commission with some form of authority with clear objectives and a follow-on action plan. I’m not looking for anything that is prosecutorial in nature, unless a suspected violation of relevant laws occurred, which should be referred to the Department of Justice.… In my opinion, our military prosecuted those who were involved in torture or unlawful interrogation. And I think our military has come to terms with that. We are an institution that prides itself on taking corrective action immediately, admitting to it, and holding ourselves accountable. And we have done that. But I am not so sure that our civilian authorities in government have done that for themselves.” Speaking about the Bush Justice Department’s findings that torture and indefinite detentions are legal (see Late September 2001, November 11-13, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002), Taguba says: “This notion that a lot of constitutional legal experts—lawyers with great intellect, well educated—came up with such despicable and questionable legal findings that were contrary to the definition of defending the Constitution? And then they framed this as if the executive branch had the authority to extend beyond the constitution to establish a policy of torture and illegal detention?… Some of those that were tortured were innocent. How do we come to terms with those that were cruelly mistreated and were innocent, never charged, were illegally detained, and never compensated for their suffering? This is not a political issue, but a moral and ethical dilemma which has far-reaching implications.” [Salon, 2/21/2009]

Entity Tags: Antonio M. Taguba

Category Tags: Criticisms of US, Public Statements, Reports/Investigations

Mohamed returning to London.Mohamed returning to London. [Source: Lewis Whyld / Associated Press]Binyam Mohamed (see May-September, 2001, February 8, 2009, and February 9, 2009) is released from Guantanamo, and returns to Great Britain. He is flown to Britain on a private chartered Gulfstream jet similar to those used by the CIA in “extraordinary renditions.” His sister, Zuhra Mohamed, meets him at the RAF Northolt airbase in west London, and tells reporters: “I am so glad and so happy, more than words can express. I am so thankful for everything that was done for Binyam to make this day come true.” His lawyers claim that he has suffered severe physical and psychological abuse, some of which was inflicted in recent days. He suffers from what his lawyers call a huge range of injuries. Doctors have found Mohamed suffering from extensive bruising, organ damage, stomach complaints, malnutrition, sores to feet and hands, and severe damage to ligaments. His weight has dropped from around 170 pounds to 125 pounds. His lawyers say he suffers from serious emotional and psychological problems, which have been exacerbated by the refusal of Guantanamo officials to provide him with counseling. Mohamed’s British lawyer, Clive Stafford Smith, says his client had been beaten “dozens” of times, with the most recent abuse occurring in the last few weeks (see September 2004 and After). “He has a list of physical ailments that cover two sheets of A4 paper,” says Stafford Smith. “What Binyam has been through should have been left behind in the middle ages.” Mohamed’s American military lawyer, Lieutenant Colonel Yvonne Bradley, adds: “He has been severely beaten. Sometimes I don’t like to think about it because my country is behind all this.” Britain’s former Attorney General, Lord Goldsmith, an advocate for the closure of Guantanamo, says that allegations of abuse against Mohamed, a British resident, should be raised by Foreign Secretary David Miliband with his American counterpart, Secretary of State Hillary Clinton. “If there are credible accounts of mistreatment then they need to be pursued,” Goldsmith says.
Care Provided upon Return - Upon his return to Britain, Mohamed will receive physical care and emotional counseling in a secure, secret location by a team of volunteer doctors and psychiatrists. He will be kept under a “voluntary security arrangement,” where he must report regularly to authorities, but will not be subject to charges or anti-terror control orders. The US dropped all charges against Mohamed last year, including allegations that he had participated in a “dirty bomb” plot. [Guardian, 2/22/2009; Guardian, 2/24/2009]
MI5 to Be Investigated? - At least one MI5 officer may face a criminal investigation over his alleged complicity in torturing Mohamed (see February 24, 2009). And Mohamed’s future testimony is expected to shed light upon MI5’s own participation in his interrogation and alleged torture; Mohamed may sue the British government and MI5, Britain’s counter-intelligence and security service, over its alleged complicity in his detention, abduction, treatment, and interrogation. If filed, Mohamed’s lawsuit could force US and British authorities to disclose vital evidence regarding Mohamed’s allegations of torture. [Guardian, 2/22/2009]

Entity Tags: Binyam Mohamed, Central Intelligence Agency, Clive Stafford Smith, David Miliband, Zuhra Mohamed, UK Security Service (MI5), Peter Henry Goldsmith, Yvonne Bradley

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Legal Proceedings, Involuntary Drugs, Physical Assault, Sleep Deprivation, Guantanamo (US Base in Cuba), Binyam Mohamed

Former Guantanamo detainee Binyam Mohamed (see May-September, 2001), a British citizen who suffered extensive abuse during his detention (see July 21, 2002 -- January 2004 and February 8, 2009) and is just now released (see February 22-24, 2009), says in a written statement that British officials from MI5 played an integral part in his abduction and torture at the hands of the CIA and Moroccan officials. Senior MPs say they intend to investigate his claims. Just after his arrival in London, Mohamed tells reporters: “For myself, the very worst moment came when I realized in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.… I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realized, had allied themselves with my abusers.” Days later, the Daily Mail will obtain documents from Mohamed’s American court proceedings that show MI5 agents twice gave CIA agents lists of questions they wanted to have asked, as well as dossiers of photographs. [Guardian, 2/24/2009; Daily Mail, 3/8/2009]
Gives Primary Blame to CIA - Mohamed places the bulk of the blame on his rendition and torture on the CIA, and says, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways—all orchestrated by the United States government.” [Scotsman, 2/24/2009]
'They Sold Me Out' - Mohamed will later say that he reached his “lowest ebb” when he realized British agents were involved in his interrogation and torture. “They started bringing British files to the interrogations,” he will recall, “not one, but several of them, thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people who were torturing me, I felt completely naked.… They sold me out.” The documents indicate that MI5 did not know where Mohamed was being held, but that its agents knew he was in a third nation’s custody through the auspices of the CIA. MI5 agents met with their CIA counterparts in September 2002, well after Mohamed’s rendition to Morocco, to discuss the case. [Daily Mail, 3/8/2009]
False Confession - He suffered tortures in Pakistan (see April 10-May, 2002), Morocco, and Afghanistan (see January-September 2004), including being mutilated with scalpels, a mock execution, sleep deprivation for days, being fed contaminated food, and being beaten for hours while hanging by his wrists from shackles in the ceiling. He says that the closest he came to losing his mind entirely was when, in US custody in Afghanistan, he was locked in a cell and forced to listen to a CD of rap music played at ear-shattering volume 24 hours a day for a month. It was these tortures that drove him to confess to being part of a plot to build a radioactive “dirty bomb” (see November 4, 2005), a confession he now says was untrue and given merely to avoid further torment. He also confessed to meeting Osama bin Laden and getting a passport from 9/11 plotter Khalid Shaikh Mohammed: “None of it was true.” [Daily Mail, 3/8/2009]
'Zero Doubt' of British Complicity - His lawyer, Clive Stafford Smith, says Mohamed is being cared for under the auspices of his legal team, and is “incredibly skinny and very emaciated.” Stafford Smith says he has “zero doubt” Britain was complicit in his client’s ill-treatment. “Britain knew he was being abused and left him,” he says. Stafford Smith also says Mohamed was subjected to “very serious abuse” in Guantanamo. Mike Gapes, the chairman of the House of Commons Foreign Affairs Committee, says he intends to question Foreign Secretary David Miliband and Foreign Office Minister Lord Malloch Brown over “outstanding issues,” which include “rendition, what happened to people in Guantanamo Bay, and black sites,” a reference to prisons in Afghanistan and elsewhere. Two British judges say they are suppressing “powerful evidence” of Mohamed’s torture at the insistence of Miliband and US authorities (see February 4, 2009). [Guardian, 2/24/2009] Miliband says Mohamed’s release was effected due to “intensive negotiations with the US government,” in which he played a key part. Edward Davey of the Liberal Democrats has little use for Miliband’s claims, saying, “It is telling that David Miliband is unable to give a straightforward yes or no as to whether British agents and officials have been complicit in torture,” and adds that “Mohamed’s case may just be the tip of the iceberg.” [Scotsman, 2/24/2009]
Evidence that MI5 Lied - The new revelations about MI5’s involvement contradict the testimony of MI5 officials, who in 2007 told Parliament’s Intelligence and Security Committee that the agency had no idea that Mohamed had been subjected to “extraordinary rendition” to Morocco or anywhere else. The Daily Mail will note, “The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.” [Daily Mail, 3/8/2009]

Entity Tags: Malloch Brown, Mike Gapes, Central Intelligence Agency, Binyam Mohamed, UK Security Service (MI5), Clive Stafford Smith, David Miliband, Edward Davey

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, Guantanamo (US Base in Cuba), Binyam Mohamed

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

Category Tags: Criticisms of US, High-level Decisions and Actions, Bagram (Afghanistan)

In response to a Freedom of Information Act lawsuit by the American Civil Liberties Union (ACLU), the CIA turns over unredacted pages of a classified internal agency report that concluded the techniques used on two prisoners “appeared to constitute cruel, inhumane, and degrading treatment, as defined by the International Convention Against Torture” (see October 21, 1994). The CIA also turns over evidence showing that videotapes of the two prisoners being tortured were destroyed (see March 6, 2009). The pages are from a 2004 report compiled by then-CIA Inspector General John Helgerson. The document reads in part: “In January 2003, OIG [Office of Inspector General] initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing. During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS [National Clandestine Service, the covert arm of the CIA] to review the videotapes at the overseas location where they were stored. OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified [the Justice Department] and other relevant oversight authorities of the review’s findings.” The report has never been made public, but information concerning it was revealed by the New York Times in 2005 (see May 7, 2004). [Public Record, 3/6/2009]

Entity Tags: American Civil Liberties Union, National Clandestine Service, John Helgerson, Central Intelligence Agency

Category Tags: Criticisms of US, Human Rights Groups, Reports/Investigations

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 3/15/2009] Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” [New York Review of Books, 3/15/2009]

Lawrence Wilkerson, who served as former Secretary of State Colin Powell’s chief of staff and now chairs the New America Foundation/US-Cuba 21st Century Policy Initiative, writes an op-ed titled “Some Truths about Guantanamo Bay” for the Washington Note. Wilkerson explains why he believes so many people were captured and so many of those were tortured, for so little gain, and in the process covers several other issues regarding the Bush administration.
Handling of Terror Suspects - Wilkerson writes that the entire process of capturing, detaining, and processing suspected Islamist militants was marked by incompetence and a casual, improvisational approach. Most of the “suspects” captured during the first weeks and months of the Afghanistan invasion (see October 7, 2001) were merely picked up in sweeps, or bought from corrupt regional warlords, and transported wholesale to a variety of US bases and military camps, and then sent to Guantanamo, mostly in response to then-Defense Secretary Rumsfeld’s exhortation to “just get the b_stards to the interrogators.” Wilkerson blames the civilian leadership, for failing to provide the necessary information and guidance to make sensible, informed decisions about who should and should not have been considered either terror suspects or potential sources of information. When detainees were found not to have had any ties to Islamist radical groups, nor had any real intelligence value, they were kept at Guantanamo instead of being released. Wilkerson writes that “to have admitted this reality would have been a black mark on their leadership from virtually day one of the so-called Global War on Terror and these leaders already had black marks enough.… They were not about to admit to their further errors at Guantanamo Bay. Better to claim that everyone there was a hardcore terrorist, was of enduring intelligence value, and would return to jihad if released.” He writes that State Department attempts to rectify the situation “from almost day one” experienced almost no success.
Data Mining Called for Large Numbers of Detainees - Wilkerson notes what he calls “ad hoc intelligence philosophy that was developed to justify keeping many of these people,” a data mining concept called in the White House “the mosaic philosophy.” He explains: “Simply stated, this philosophy held that it did not matter if a detainee were innocent. Indeed, because he lived in Afghanistan and was captured on or near the battle area, he must know something of importance (this general philosophy, in an even cruder form, prevailed in Iraq as well, helping to produce the nightmare at Abu Ghraib). All that was necessary was to extract everything possible from him and others like him, assemble it all in a computer program, and then look for cross-connections and serendipitous incidentals—in short, to have sufficient information about a village, a region, or a group of individuals, that dots could be connected and terrorists or their plots could be identified. Thus, as many people as possible had to be kept in detention for as long as possible to allow this philosophy of intelligence gathering to work. The detainees’ innocence was inconsequential. After all, they were ignorant peasants for the most part and mostly Muslim to boot.” Unfortunately for this data mining effort, the gathering, cataloging, and maintenance of such information was carried out with what he calls “sheer incompetence,” rendering the information structure virtually useless either for intelligence or in prosecuting terror suspects.
No Information of Value Gained from Guantanamo Detainees - And, Wilkerson adds, he is not aware of any information gathered from Guantanamo detainees that made any real contribution to the US’s efforts to combat terrorism: “This is perhaps the most astounding truth of all, carefully masked by men such as Donald Rumsfeld and Richard Cheney in their loud rhetoric—continuing even now in the case of Cheney—about future attacks thwarted, resurgent terrorists, the indisputable need for torture and harsh interrogation, and for secret prisons and places such as Gitmo.”
Hindrance to Prosecution - This incompetence in gathering and storing information had a powerful impact on the ability of the US to prosecute the two dozen or so detainees who actually might be what Wilkerson calls “hardcore terrorists.” For these and the other detainees, he writes, “there was virtually no chain of custody, no disciplined handling of evidence, and no attention to the details that almost any court system would demand” (see January 20, 2009).
Shutting Down Guantanamo - Wilkerson writes that the Guantanamo detention facility could be shut down much sooner than President Obama’s promised year (see January 22, 2009), and notes he believes a plan for shutting down the facility must have existed “[a]s early as 2004 and certainly in 2005.”
War on Terror Almost Entirely Political - Wilkerson charges that the Bush administration’s driving rationale behind the “never-ending war on terror” was political: “For political purposes, they knew it certainly had no end within their allotted four to eight years,” he writes in an op-ed about the US’s detention policies. “Moreover, its not having an end, properly exploited, would help ensure their eight rather than four years in office.”
Cheney's Criticisms of Obama 'Twisted ... Fear-Mongering' - Wilkerson excoriates former Vice President Dick Cheney for his recent statements regarding President Obama and the “war on terror” (see February 4, 2009). Instead of helping the US in its fight against al-Qaeda and Islamic terrorism, Wilkerson writes, Cheney is making that fight all the more difficult (see February 5, 2009). “Al-Qaeda has been hurt, badly, largely by our military actions in Afghanistan and our careful and devastating moves to stymie its financial support networks. But al-Qaeda will be back. Iraq, Gitmo, Abu Ghraib, heavily-biased US support for Israel, and a host of other strategic errors have insured al-Qaeda’s resilience, staying power, and motivation. How we deal with the future attacks of this organization and its cohorts could well seal our fate, for good or bad. Osama bin Laden and his brain trust, Ayman al-Zawahiri, are counting on us to produce the bad. With people such as Cheney assisting them, they are far more likely to succeed.” [Washington Note, 3/17/2009]

Entity Tags: Colin Powell, Barack Obama, Bush administration (43), Richard (“Dick”) Cheney, US Department of Defense, Lawrence Wilkerson, Obama administration, US Department of State

Category Tags: Criticisms of US, High-level Decisions and Actions, Guantanamo (US Base in Cuba)

Former Secretary of State Colin Powell, in an interview with MSNBC’s Rachel Maddow, refuses to acknowledge his role in approving the torture of suspected terrorists. In 2008, ABC News named Powell as one of the members of the National Security Council’s principals committee who repeatedly authorized a variety of torture techniques to be used on detainees (see April 9, 2008). He also declines to affirm that several techniques, including waterboarding and sleep deprivation, qualify as torture. Powell says the torture of Abu Zubaida (see April - June 2002) and other al-Qaeda suspects “were not play-by-play discussed but there were conversations at a senior level with regard to what could be done with these types of interrogation. I cannot say further because I don’t have knowledge of all the meetings that took place or what was discussed at each of those meetings and I think it’s going to have to be in the written record of that meeting what will determine whether anything improper took place. But it is always the case that at least in the State Department’s standpoint, we should be consistent with the requirements of the Geneva Convention and that’s why this was such a controversial, controversial issue that you have to go—in due course I think we all will go to the written record. I’m not sure what memos were signed or not signed. I didn’t have access to all of that information.” Maddow asks, “If there was a meeting, though, at which senior officials were giving the approval for sleep deprivations, stress positions, waterboarding, were those officials committing crimes when they were getting their authorization?” Powell refuses to answer, saying, “I don’t know If any of these items would be considered criminal and I would wait for whatever investigation that the government or the Congress intends to pursue with this.” Maddow asks if he regrets his own participation in discussions about interrogations and torture, but Powell cuts her off to state: “There was no meeting on torture. It is constantly said that the meetings—I had an issue with this—we had meetings on what torture to administer. What I recall, the meetings I was in, I was not in all the meetings and I was not an author of many of the memos that have been written and some have come out and some have not come out. The only meetings I recall was where we talked about what is it we can do with respect to trying to get information from individuals who were in our custody. And I will just have to wait until the full written record is available and examined.… I don’t know where these things were being approved at a political level.” [MSNBC, 4/1/2009; Think Progress, 4/1/2009]

Entity Tags: Rachel Maddow, Colin Powell

Category Tags: Criticisms of US, High-level Decisions and Actions, Public Statements, Statements/Writings about Torture, Abu Zubaida

Marcy Wheeler, an author and progressive blogger whose research is used by mainstream media to flesh out its coverage of the torture controversy (see April 18, 2009), discovers a footnote in a recently released Justice Department memo (see May 10, 2005 and April 16, 2009) that proves US interrogators sometimes exceeded the restrictions laid down on waterboarding by this and other Justice Department legal opinions. [Marcy Wheeler, 4/17/2009] The memo was dated May 10, 2005 and was issued by Steven Bradbury, then the head of the Justice Department’s Office of Legal Counsel. [Office of Legal Counsel, 5/10/2005 pdf file] Wheeler writes: “In other words, the interrogators were dumping water on [Abu Zubaida]‘s and KSM’s [Khalid Shaikh Mohammed’s] faces and repeating that treatment over and over and over. Without any legal authorization to do so, no matter how bogus.… And note, this is precisely why the torture tapes were destroyed (see March 2, 2009 and March 6, 2009). CIA has admitted that the guys waterboarding Abu Zubaida broke the law. That tape was the irrefutable evidence of who did what.” [Marcy Wheeler, 4/17/2009] She adds: “There’s been a lot of discussion about whether those who did what the OLC memos authorized should be prosecuted. But in the case of those who waterboarded [KSM and Abu Zubaida], that’s irrelevant, because they did things the OLC memos didn’t authorize.” [Marcy Wheeler, 4/18/2009]

Entity Tags: Marcy Wheeler, Abu Zubaida, Khalid Shaikh Mohammed, US Department of Justice, Central Intelligence Agency, Office of Legal Counsel (DOJ), Steven Bradbury

Category Tags: Criticisms of US, High-level Decisions and Actions, Waterboarding

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

As the Obama administration releases four new and controversial Bush-era torture memos (see April 16, 2009), both the White House and the CIA reassure agency personnel that they will not be prosecuted for carrying out the policies of the Bush administration. The White House statement is carefully worded to give no such reassurances to former Bush administration officials who helped codify and implement such policies. “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department,” says Attorney General Eric Holder. White House officials say that any CIA agency employee subjected to international tribunals or Congressional inquiries would receive legal representation at no cost to themselves, and the government would indemnify agency workers against any financial judgments. In the weeks before the memos’ release, top CIA officials, including CIA Director Leon Panetta, argued that the memos should not be released because the graphic detail in them could lead to a demand for investigations and prosecutions of CIA interrogators and other personnel. Panetta tells CIA employees that since the torture policies were approved at the highest level of the Bush administration, they would not be prosecuted as long as they followed the legal guidelines laid down by the Justice Department. “You need to be fully confident that as you defend the nation, I will defend you,” Panetta says. Some civil rights organizations respond with a call for prosecutions. A statement from the Center for Constitutional Rights says, “Whether or not CIA operatives who conducted waterboarding are guaranteed immunity, it is the high level officials who conceived, justified, and ordered the torture program who bear the most responsibility for breaking domestic and international law, and it is they who must be prosecuted.” [Washington Post, 4/17/2009] The American Civil Liberties Union is calling for criminal investigations (see April 16, 2009).

Entity Tags: Leon Panetta, Bush administration (43), Center for Constitutional Rights, Eric Holder, Obama administration, Central Intelligence Agency, US Department of Justice

Category Tags: Criticisms of US, High-level Decisions and Actions

The American Civil Liberties Union (ACLU) welcomes the release of Bush-era Justice Department memos that detail the torture methods approved for use under that administration (see April 16, 2009), and calls for the prosecution of government officials responsible for the torture policies. ACLU executive director Anthony Romero says in a statement: “We have to look back before we can move forward as a nation. When crimes have been committed, the American legal system demands accountability. President Obama’s assertion that there should not be prosecutions of government officials who may have committed crimes before a thorough investigation has been carried out is simply untenable. Enforcing the nation’s laws should not be a political decision. These memos provide yet more incontrovertible evidence that Bush administration officials at the highest level of government authorized and gave legal blessings to acts of torture that violate domestic and international law. There can be no more excuses for putting off criminal investigations of officials who authorized torture, lawyers who justified it, and interrogators who broke the law. No one is above the law, and the law must be equally enforced. Accountability is necessary for any functioning democracy and for restoring America’s reputation at home and abroad.” ACLU official Jameel Jaffer adds: “Memos written by the Office of Legal Counsel, including the memos released today, provided the foundation for the Bush administration’s torture program. Through these memos, Justice Department lawyers authorized interrogators to use the most barbaric interrogation methods, including methods that the US once prosecuted as war crimes. The memos are based on legal reasoning that is spurious on its face, and in the end these aren’t legal memos at all—they are simply political documents that were meant to provide window dressing for war crimes. While the memos should never have been written, we welcome their release today. Transparency is a first step towards accountability.” And ACLU lawyer Amrit Singh concludes: “The documents released today provide further confirmation that lawyers in the Office of Legal Counsel purposefully distorted the law to support the Bush administration’s torture program. Now that the memos have been made public, high-ranking officials in the Bush administration must be held accountable for authorizing torture. We are hopeful that by releasing these memos, the Obama administration has turned the page on an era in which the Justice Department became complicit in some of the most egregious crimes.” [American Civil Liberties Union, 4/16/2009]

Entity Tags: Bush administration (43), American Civil Liberties Union, Amrit Singh, Barack Obama, Jameel Jaffer, US Department of Justice, Anthony D. Romero, Office of Legal Counsel (DOJ)

Category Tags: Criticisms of US, High-level Decisions and Actions

Constitutional law professor Jonathan Turley discusses the Bush-era Justice Department torture memos released by the Obama administration (see April 16, 2009). Turley is interviewed by MSNBC host Rachel Maddow, who notes that as the memos were being released, President Obama said, “This is a time for reflection, not retribution; nothing will be gained by spending our time and energy laying blame for the past.” She wonders if Obama means he won’t prosecute CIA officers who carried out the orders to torture prisoners, or if he means he won’t prosecute the civilian officials who sanctioned torture. Turley is not sure. “But what is really disturbing is that President Obama’s obviously referring to criminal investigation and prosecution,” he says, “that somehow he’s equating the enforcement of federal laws that he took an oath to enforce, to uphold the Constitution and our laws—and he’s equating that with an act of retribution, and some sort of hissy fit or blame game. You know, it’s not retribution to enforce criminal laws. But it is obstruction to prevent that enforcement and that is exactly what he has done thus far. He is trying to lay the groundwork, to look principled when he’s doing an utterly unprincipled thing. There’s very few things worse for a president to do than to protect accused war criminals, and that’s what we’re talking about here. President Obama himself has said that waterboarding is torture. And torture violates at least four treaties and is considered a war crime. So, the refusal to let it be investigated is to try to obstruct a war crime investigation. That puts it in the same category as Serbia and other countries that have refused to allow investigations to occur.” It is not up to a president to decide who gets prosecuted for breaking a law and who does not, Turley notes, and adds: “[W]hat’s amazing is that we’ve gotten used to senators and our president and the attorney general talking about whether it’s a convenient time, whether this is a good time for us to investigate, whether we’ve got other things to do. There aren’t any convenient or inconvenient times to investigate war crimes. You don’t have a choice. You don’t wait for the perfect moment. You have an obligation to do it. And what I think the president is desperately trying to do is to sell this idea that somehow it’s a principled thing not to investigate war crimes because it’s going to really be painful. And, quite frankly, I think the motive is obvious. He knows that it will be politically unpopular, because an investigation will go directly to the doorstep of President Bush and he knows it. And there’s not going to be a lot of defenses that could be raised for ordering a torture program.” [MSNBC, 4/17/2009]

Entity Tags: Obama administration, Barack Obama, Jonathan Turley, Rachel Maddow, US Department of Justice, Bush administration (43)

Category Tags: Criticisms of US

Psychologists and medical ethicists react with horror to recent reports that a psychologist and various medical professionals took part in torturing prisoners—information that was revealed by recently released Justice Department memos (see April 16, 2009). A psychologist, whose name was redacted from the memos but is apparently James Mitchell (see January 2002 and After), provided, as the Washington Post reports, “ideas, practical advice, and even legal justification for interrogation methods that would break [detainee] Abu Zubaida, physically and mentally. Extreme sleep deprivation, waterboarding, the use of insects to provoke fear—all were deemed acceptable, in part because the psychologist said so.” The names of other psychologists and medical practicioners were also redacted from the memos. They monitored torture victims, helped keep them alive during sometimes-brutal interrogation sessions, and sometimes, the Post writes, “actively participated in designing the interrogation program and monitoring its implementation. Their presence also enabled the government to argue that the interrogations did not include torture.” The detainees were not the only ones being monitored. Psychologists were dispatched to each secret CIA prison, or “black site,” to make sure the medical professionals involved in the daily torture “could stand up, psychologically handle it,” says a former CIA official. Most of the psychologists were contract employees of the CIA.
Debate over Ethics of Participating in Torture - Frank Donaghue of the advocacy group Physicians for Human Rights says: “The health professionals involved in the CIA program broke the law and shame the bedrock ethical traditions of medicine and psychology. All psychologists and physicians found to be involved in the torture of detainees must lose their license and never be allowed to practice again.” George Annas, a professor of health law and bioethics, says, “I don’t think we had any idea doctors were involved to this extent, and it will shock most physicians.” The use of doctors to monitor torture victims is “totally unethical.… In terms of ethics, it’s not even a close call.” The American Medical Association’s policy guidelines state that physicians “must not be present when torture is used or threatened,” and doctors can treat detainees only “if doing so is in their best interest” and not merely to monitor their health “so that torture can begin or continue.” Author and professor of medicine Steven Miles says the actions described in the memos are the “kind of stuff that doctors have been tried, convicted, and imprisoned for in other countries—and that’s what should happen here.” But Michael Gross, an Israeli author and professor, says if medical professionals believe particular interrogation tactics do not constitute torture, then there is no reason for them not to participate. “Physicians are faced with a hard dilemma,” he says. “They have professional obligations to do no harm, but they also have a duty as a citizen to provide expertise to their government when the national security is at stake. In a national security crisis, I believe our duties as citizens take precedence.” The American Psychological Association (APA) has condemned any participation by its members in interrogations involving torture, but critics of the organization have noted that the APA has failed to censure members involved in harsh interrogations. The International Committee of the Red Cross said in a 2006 report, “The interrogation process is contrary to international law and the participation of health personnel in such a process is contrary to international standards of medical ethics.”
Memos Say US Doctors' Participation Morally Distinct from Instances in Other Countries - The memos acknowledged that the participation of medical professionals in torturing prisoners posed an ethical dilemma, but contended that the CIA’s use of doctors in such interrogations is morally distinct from the practices of other countries that practice torture. One such distinction was that doctors observing interrogations could stop them “if in their professional judgment the detainee may suffer severe physical or mental pain or suffering.” In one instance, the CIA chose not to subject a detainee to waterboarding due to a “medical contraindication,” according to a May 10, 2005, memo. [Washington Post, 4/18/2009]

Entity Tags: Frank Donaghue, American Medical Association, Abu Zubaida, Central Intelligence Agency, Washington Post, Michael Gross, Steven Miles, George Annas, International Committee of the Red Cross, US Department of Justice, American Psychological Association

Category Tags: Criticisms of US, High-level Decisions and Actions, Statements/Writings about Torture

Marcy Wheeler.Marcy Wheeler. [Source: Project Censored]Progressive blogger Marcy Wheeler, who posts under the moniker “emptywheel” at FireDogLake.com, finds that, upon careful perusal of the March 30, 2005 CIA torture memo just released by the Obama administration (see May 30, 2005 and April 16, 2009), two suspected terrorists, Abu Zubaida and Khalid Shaikh Mohammed, were waterboarded 266 times. Initial, more cursory news reports on the memo did not reveal this fact. The next day, the New York Times will cite Wheeler in its report on the discovery. [Marcy Wheeler, 4/18/2009; New York Times, 4/19/2009] Wheeler writes: “The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM. That doesn’t sound very effective to me.” [Marcy Wheeler, 4/18/2009] Days later, an unidentified “US official with knowledge of the interrogation program” will tell a Fox News reporter that the claim of 183 waterboardings for Mohammed is inaccurate and misleading. Mohammed was only waterboarded five times, the official will claim. The figure of 183 is the number of “pours” Mohammed was subjected to. “The water was poured 183 times—there were 183 pours,” the official says, adding, “[E]ach pour was a matter of seconds.” The report of five waterboardings for Mohammed comes from a 2007 Red Cross report, the official will say. [Fox News, 4/28/2009]

Entity Tags: Marcy Wheeler, Obama administration, FireDogLake (.com), Central Intelligence Agency, Abu Zubaida, New York Times, Khalid Shaikh Mohammed

Timeline Tags: Complete 911 Timeline

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, Statements/Writings about Torture, Waterboarding, Media

Responding to the news that Khalid Shaikh Mohammed was waterboarded 183 times in a single month (see April 18, 2009), Senator John McCain (R-AZ) reiterates his opposition to waterboarding and to torture: “One is too much. Waterboarding is torture, period. I can ensure [sic] you that once enough physical pain is inflicted on someone, they will tell that interrogator whatever they think they want to hear. And most importantly, it serves as a great propaganda tool for those who recruit people to fight against us.” He adds, “The image of the United States of America throughout the world is a recruiting tool for Islamic extremists.” However, McCain says it was a “serious mistake” for the Obama administration to release the CIA torture memos (see April 16, 2009), saying, “The release of these memos helps no one, doesn’t help America’s image, does not help us address the issue.” [Think Progress, 4/20/2009]

Entity Tags: Khalid Shaikh Mohammed, Obama administration, John McCain

Category Tags: Criticisms of US, High-level Decisions and Actions, Statements/Writings about Torture, Waterboarding

European scientists whose work was used by the CIA and Justice Department to help justify the legality of torture methods denounce the Bush administration for misusing their scientific findings. Bernd Kundermann, a sleep specialist and professor of psychiatry at the University of Marburg, says, “It is total nonsense to cite our study in this context.” Paris sleep specialist S. Hakki Onen says of his sleep research: “I’m disappointed, upset, consternated, and even hurt at seeing this. To see [the research] used in this manner is upsetting because [the CIA’s] goals run counter to the therapeutic intent of our effort.… In publishing clinical findings like this, you’re aware you lose control of them, because they can be read and even abused by people who may have other objectives in mind.” Studies by Kundermann and Onen were used by the CIA in its determination of sleep deprivation tactics to be used against prisoners. British sleep researcher James Horne calls the use of his work by the CIA to justify torture “nonsense.” A 2004 study by Kundermann, which demonstrated that people deprived of sleep for a night have an increased sensitivity to pain, was cited in two 2005 Justice Department memos (see May 10, 2005 and May 10, 2005) that concluded sleep deprivation up to 180 hours (seven and one-half days) would cause increased pain but not meet the legal standard of “severe physical pain,” even when used in conjunction with other techniques such as physical beatings and waterboarding. Kundermann says his work does not justify the Justice Department’s conclusion. “We were working with healthy volunteers and didn’t deprive them of sleep for more than one day without allowing them to recover,” he says. “Even under these circumstances, certain changes can occur, such as hallucinations, depending on the individual’s condition.” The methods employed by CIA interrogators could have much more severe effects, including induced psychosis. Onen says the CIA sleep deprivation techniques far exceeded “the maximum we set for ethical purposes.” Horne writes that the CIA’s use of his study to conclude that “even very extended sleep deprivation does not cause physical pain” is seriously flawed. “Prolonged stress with sleep deprivation will lead to a physiological exhaustion of the body’s defense mechanisms, physical collapse, and with the potential for various ensuing illnesses,” he notes. “We don’t know at what point this latter phase would be reached with ‘coercive techniques,’ but to claim that 180 hours is safe in these respects is nonsense.” [Time, 4/21/2009]

Entity Tags: Central Intelligence Agency, Bernd Kundermann, James Horne, Bush administration (43), US Department of Justice, S. Hakki Onen

Category Tags: Criticisms of US, Sleep Deprivation

Carl Levin (D-MI), the chairman of the Senate Armed Services Committee, pens a lengthy op-ed for the Huffington Post to coincide with his committee’s release of a report documenting the abuse of prisoners under Bush administration policies (see April 21, 2009). Levin calls the report “a condemnation of both the Bush administration’s interrogation policies and of senior administration officials who attempted to shift the blame for abuse—such as that seen at Abu Ghraib, Guantanamo Bay, and Afghanistan—to low-ranking soldiers. Claims, such as that made by former Deputy Secretary of Defense Paul Wolfowitz, that detainee abuses could be chalked up to the unauthorized acts of a ‘few bad apples,’ were simply false. The truth is that, early on, it was senior civilian leaders who set the tone.” Levin cites numerous statements and actions by President Bush, Vice President Dick Cheney, and White House counsel Alberto Gonzales, among others, but the ultimate responsibility for the torture program, he writes, must lie with Bush and Cheney. Levin writes that many high-ranking officials who must be counted as supporters of the administration, such as Iraq commander General David Petraeus, opposed the use of torture and abusive interrogation methods on detainees. Levin concludes: “If we are to retain our status as a leader in the world, we must acknowledge and confront the abuse of detainees in our custody. The committee’s report and investigation makes significant progress toward that goal. There is still the question, however, of whether high level officials who approved and authorized those policies should be held accountable.” Levin has recommended that Attorney General Eric Holder appoint a special investigator “to look at the volumes of evidence relating to treatment of detainees, including evidence in the Senate Armed Services Committee’s report, and to recommend what steps, if any, should be taken to establish accountability of high-level officials—including lawyers.” [Huffington Post, 4/21/2009]

Entity Tags: David Petraeus, Alberto R. Gonzales, Bush administration (43), Carl Levin, George W. Bush, Richard (“Dick”) Cheney, Senate Armed Services Committee, Eric Holder, Paul Wolfowitz

Category Tags: Criticisms of US, High-level Decisions and Actions, Public Statements, Reports/Investigations

Progressive reporter and pundit Spencer Ackerman, responding to former State Department official Philip Zelikow’s revelation of his opposition to the Bush administration’s torture policies (see April 21, 2009), calls Zelikow’s Zelikow’s article in which he explained why he opposed those policies “a delicate and thoughtful rejection of the Bush administration’s architecture of torture.” Ackerman then writes: “To ask an impolite question of Zelikow: why didn’t he resign? I know, resignations of senior officials are few and far between. But it seems like this is one of those issues—the entrenchment of a widespread system of abusive interrogations that are, you acknowledge, most likely illegal—that merits walking out the door. I’m not trying to play the critic, especially after he’s offered such a candid, honest view of his tenure. Nor do I mean to imply that resignation is an easy thing—particularly if you’re trying to change the system from within. But it still seems like a question worth asking.” [Washington Independent, 4/21/2009]

Entity Tags: Bush administration (43), Spencer Ackerman, Philip Zelikow

Category Tags: Criticisms of US, Statements/Writings about Torture

Democratic Representatives Jerrold Nadler (D-NY) and John Conyers (D-MI) say they intend to push for the impeachment of federal judge Jay Bybee in response to the report on torture issued by the Senate Armed Services Committee (see April 21, 2009). As the former head of the Justice Department’s Office of Legal Counsel under President Bush, Bybee signed off on two memos that justified the use of torture (see August 1, 2002 and August 1, 2002). Nadler says that the purpose of the Bybee memos was never to give an honest legal analysis, but to provide legal cover for patently illegal actions in order to encourage those actions. Nadler says the charge against Bybee would be something approaching “conspiracy to abet torture.” Conyers, the chairman of the House Judiciary Committee, says he intends to hold hearings to examine the role that Bybee and other Bush administration lawyers played in crafting Bush administration torture policies. “There are some who tried to do a get-out-of-jail-free card. Obviously, there are some that that’s all they were thinking,” he says, refusing to name anyone specifically. However, he says, “We’re coming after these guys.” [Huffington Post, 4/21/2009] Bybee will not be impeached, though he will be found to have exhibited “poor judgment” during his tenure in the Department of Justice (see February 2010).

Entity Tags: US Department of Justice, Bush administration (43), Jay S. Bybee, Jerrold Nadler, John Conyers, Office of Legal Counsel (DOJ)

Category Tags: Coverup, Criticisms of US, High-level Decisions and Actions, Legal Proceedings, Internal Memos/Reports

A newly declassified Senate Intelligence Committee chronology discloses that the small group of Bush-era Justice Department lawyers who wrote memos authorizing the torture of enemy detainees (see April 16, 2009 and April 9, 2008) did not operate on their own, but were authorized by top White House officials such as then-Vice President Dick Cheney and then-National Security Adviser Condoleezza Rice (see April 2002 and After). Other top officials, such as then-Defense Secretary Donald Rumsfeld and then-Secretary of State Colin Powell, were apparently left out of the decision-making process. Former committee chairman John Rockefeller (D-WV) says the task of declassifying interrogation and detention opinions “is not complete,” and urges the prompt declassification of other Bush-era documents that, he says, will show how the Bush administration interpreted the laws governing torture and war crimes. The committee report began in the summer of 2008, at Rockefeller’s behest, and was drafted by committee staffers with heavy input from Bush officials. The entire effort was coordinated through the Office of the Director of National Intelligence. President Bush’s National Security Council refused to declassify the report; President Obama’s National Security Adviser, James Jones, signed off on its release and the committee clears it for release today. [Washington Post, 4/22/2009; McClatchy News, 4/22/2009] The Intelligence Committee report dovetails with a report issued by the Senate Armed Forces Committee that showed Defense Department officials debated torture methods months before the Justice Department authorized such methods (see April 21, 2009). The report also shows:
bullet The CIA thought al-Qaeda operative Abu Zubaida was withholding information about an imminent threat as early as April 2002 (see March 28-August 1, 2002), but did not receive authorization to torture him until three months later.
bullet Some Senate Intelligence Committee members were briefed on the torture of Zubaida and 9/11 plotter Khalid Shaikh Mohammed in 2002 and 2003.
bullet CIA Director George Tenet, in the spring of 2003, asked for a reaffirmation of the legality of torture methods (perhaps this memo—see June 1, 2003). Cheney, Rice, then-Attorney General John Ashcroft, and then-White House counsel Alberto Gonzales were among the participants at a meeting where it was decided that the torture policies would continue. Rumsfeld and Powell were not present.
bullet The CIA briefed Rumsfeld and Powell on interrogation techniques in September 2003.
bullet Administration officials had lasting concerns about the legality of waterboarding as they continued to justify its legitimacy.
Reactions among other senators is divided, with John McCain (R-AZ), Lindsey Graham (R-SC), and Joseph Lieberman (I-CT) asking Obama not to prosecute Bush officials who authorized or gave advice concerning torture, and Senate Judiciary Committee chairman Patrick Leahy (D-VT) reiterating his support for an independent “truth commission” to investigate the interrogations. [McClatchy News, 4/22/2009; Senate Intelligence Committee, 4/22/2009 pdf file] In 2008, Bush admitted approving of his administration’s authorization of torture (see April 11, 2008).

Two days after staunchly defending waterboarding as an interrogation tactic (see April 20, 2009), Senator Joseph Lieberman (I-CT) now claims he has always “strongly opposed” waterboarding. Lieberman, joined by Senators John McCain (R-AZ) and Lindsey Graham (R-SC), writes: “We have… strongly opposed the overly coercive interrogation techniques, including waterboarding, that these [recently released Justice Department] memos (see April 16, 2009) deemed legal. We do not believe, however, that legal analysis should be criminalized, as proposals to prosecute government lawyers suggest.” [US Senate, 4/22/2009] The same day Lieberman defended the use of waterboarding, McCain, who has always opposed torture as an interrogation method, spoke out again against the practice (see April 20, 2009).

Entity Tags: Joseph Lieberman, John McCain, Lindsey Graham

Category Tags: Criticisms of US, High-level Decisions and Actions, Waterboarding

Ali Soufan, an FBI supervisory special agent from 1997 to 2005, writes an op-ed for the New York Times about his experiences as a US interrogator. Soufan, who was one of the initial interrogators of suspected al-Qaeda operative Abu Zubaida (see Late March through Early June, 2002), says he has remained silent for seven years “about the false claims magnifying the effectiveness of the so-called enhanced interrogation techniques like waterboarding.” Until now, he has spoken only in closed government hearings, “as these matters were classified.” But now that the Justice Department has released several memos on interrogation (see April 16, 2009), he can publicly speak out about the memos. “I’ve kept my mouth shut about all this for seven years,” Soufan says. “I was in the middle of this, and it’s not true that these techniques were effective. We were able to get the information about Khalid Shaikh Mohammed in a couple of days. We didn’t have to do any of this [torture]. We could have done this the right way.” [New York Times, 4/22/2009; Newsweek, 4/25/2009] In early 2002, Soufan trained Guantanamo interrogators in the use of non-coercive interrogation techniques; a colleague recalls the military intelligence officials in the session being resistant to the ideas Soufan proposed (see Early 2002). [Newsweek, 4/25/2009]
'False Premises' Underpinning Use of Torture - Soufan says the memos are based on what he calls “false premises.” One is the August 2002 memo granting retroactive authorization to use harsh interrogation methods on Zubaida on the grounds that previous methods had been ineffective (see August 1, 2002). Soufan asserts that his questioning of Zubaida had indeed been productive (contradicting earlier CIA claims—see December 10, 2007), and that he used “traditional interrogation methods” to elicit “important actionable intelligence” from the suspected operative. The harsh methods later used on Zubaida produced nothing that traditional methods could not have produced, Soufan says; moreover, those harsh techniques—torture—often “backfired” on the interrogators. Many of the methods used on detainees such as Zubaida remain classified, Soufan writes: “The short sightedness behind the use of these techniques ignored the unreliability of the methods, the nature of the threat, the mentality and modus operandi of the terrorists, and due process.”
False Claims 'Proving' Usefulness of Torture - Some claim that Zubaida gave up information leading to the capture of suspected terrorists Ramzi bin al-Shibh and Jose Padilla. “This is false,” Soufan writes. “The information that led to Mr. Shibh’s capture came primarily from a different terrorist operative who was interviewed using traditional methods. As for Mr. Padilla, the dates just don’t add up: the harsh techniques were approved in the memo of August 2002, Mr. Padilla had been arrested that May.”
Restoring the 'Chinese Wall' - Because of the use of torture by the CIA, the two agencies will once again be separated by what Soufan calls “the so-called Chinese wall between the CIA and FBI, similar to the communications obstacles that prevented us from working together to stop the 9/11 attacks.” Since the FBI refused to torture suspects in its custody, “our agents who knew the most about the terrorists could have no part in the investigation. An FBI colleague of mine who knew more about Khalid Shaikh Mohammed than anyone in the government was not allowed to speak to him.”
Targeted Investigations - Soufan writes that any investigations into the use of torture by the CIA should not seek to punish the interrogators who carried out the government’s policies. “That would be a mistake,” he writes. “Almost all the agency officials I worked with on these issues were good people who felt as I did about the use of enhanced techniques: it is un-American, ineffective, and harmful to our national security.” Soufan goes farther, adding, “It’s worth noting that when reading between the lines of the newly released memos, it seems clear that it was contractors, not CIA officers, who requested the use of these techniques.” The CIA itself must not be targeted for retribution, Soufan writes, as “[t]he agency is essential to our national security.” Instead, “[w]e must ensure that the mistakes behind the use of these techniques are never repeated.” [New York Times, 4/22/2009; Newsweek, 4/25/2009]

Entity Tags: US Department of Justice, Khalid Shaikh Mohammed, Jose Padilla, Federal Bureau of Investigation, Ali Soufan, Abu Zubaida, Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline

Category Tags: Criticisms of US, Public Statements, Abu Zubaida

Rachel Maddow and Ron Suskind during their MSNBC interview.Rachel Maddow and Ron Suskind during their MSNBC interview. [Source: Huffington Post]MSNBC host Rachel Maddow interviews author Ron Suskind, who has written several books documenting the clandestine activities of the Bush administration. Maddow is most interested in the recent release of the Senate Armed Services Committee report documenting the use of torture against prisoners in US custody (see April 16, 2009 and April 21, 2009). Suskind notes that there were two separate but parallel tracks being followed in the administration, authorizing both the military and the CIA to torture prisoners. He believes the administration’s underlying motive was to find, or create through false confessions, a link between Iraq and al-Qaeda that would justify the invasion of Iraq. Suskind tells Maddow: “What’s fascinating here is that if you run the timelines side by side, you see for the first time… that the key thing being sent down by the policymakers, by the White House, is ‘Find a link between Saddam [Hussein] and al-Qaeda, so that we can essentially link Saddam to the 9/11 attacks and then march into Iraq with the anger of 9/11 behind us.’ That was the goal and was being passed down as the directive.… It’s often called ‘the requirement’ inside the CIA, for both agents with their sources and interrogators with their captives: ‘Here’s what we’re interested in, here’s what we, the duly elected leaders want to hear about. Tell us what you can find.’ What’s fascinating, is in the Senate report, is finally, clear confirmation that that specific thing was driving many of the activities, and, mind you, the frustration inside of the White House… as frustration built inside of the White House that there was no link that was established, because the CIA told the White House from the very start that there is no Saddam to al-Qaeda link—‘We checked it out, we did it every which way, sorry’—the White House simply wouldn’t take no for an answer, and it went with another method: torture was the method. ‘Get me a confession, I don’t care how you do it.’ And that bled all the way through the government, both on the CIA side and the Army side.” Suskind notes that the “impetus was not to foil potential al-Qaeda attacks. The impetus here was largely political and diplomatic. The White House had a political/diplomatic problem. It wanted it solved in the run up to the war.” [Huffington Post, 4/22/2009; MSNBC, 4/22/2009]

Entity Tags: Bush administration (43), Al-Qaeda, Rachel Maddow, Saddam Hussein, Ron Suskind, Senate Armed Services Committee, Central Intelligence Agency

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, Media

Fox News host Shepard Smith, clearly upset by the recent reports of torture (see April 16, 2009 and April 21, 2009), shouts his opposition to such practices during an interview with former New York Times reporter Judith Miller. On the air, Smith declares: “We are America, we don’t torture! And the moment that is not the case, I want off the train! This government is of, by, and for the people—that means it’s mine. That means—I’m not saying what is torture, and what is not torture, but I’m saying, whatever it is, you don’t do it for me! I want off the train when the government starts—I want off, next stop, now!” Smith is as impassioned during the commercial break. “They better not do it,” he says. “If we are going to be Ronald Reagan’s Shining City on the Hill, we don’t get to torture. We don’t do it.” And on Fox’s online broadcast The Strategy Show, Smith allows profanity to emphasize his objection. Slamming his hand on a table, he shouts: “We are America! I don’t give a rat’s _ss if it helps. We are America! We do not f_cking torture!!” [Huffington Post, 4/22/2009] In recent broadcasts, Fox contributors have either mocked the idea of torture (see April 17, 2009) or supported it outright (see April 20, 2009 and April 22, 2009).

Entity Tags: Shepard Smith, Judith Miller, Fox News

Timeline Tags: Domestic Propaganda

Category Tags: Criticisms of US, Media, Statements/Writings about Torture

Chicago Tribune columnist Steve Chapman writes that torture supporters have a far simpler reason for their support than is usually discussed in the media or on Capitol Hill: a fundamental desire for vengeance. Chapman writes that the arguments he has heard “show no regrets or reservations,” and instead summon a variety of justifications: the terrorists do worse than US interrogators do to their captives, saving American lives is more important than respecting the rights of terrorists, etc. “Far from recognizing the need for safeguards and limits on such techniques, they would give the government a free hand to do whatever it chooses,” he writes. But the underlying rationale is far more basic, Chapman writes: “The support stems mainly not from desire to get answers but the urge to inflict pain on people we find vile. Its advocates make it obvious that this cruelty is not an unfortunate byproduct but a positive attribute. That’s why so many people endorse inhumane methods while disregarding any evidence that suggests it is ineffective. Their hatred of our enemies has made them indifferent to civilized norms. They want to see our enemies suffer hideously regardless of whether that enhances or degrades our security. The point of torture is torture. It is not a means to an end. It is the end itself.” [Chicago Tribune, 4/27/2009]

Entity Tags: Steve Chapman

Category Tags: Criticisms of US, Media

Former prosecutor Mark McKeon, part of the international team of lawyers who prosecuted Serbian war criminal Slobodan Milosevic, writes that just as in 2001, when Milosevic was facing charges of war crimes for torturing and murdering Bosnian and Kosovar citizens, Bush administration officials must be investigated for war crimes in their advocacy and authorization of US torture of suspected terrorists. At the time, McKeon writes, “there was no doubt that Milosevic should be indicted for his responsibility for the torture and cruel treatment of prisoners. As the head of state at the time those crimes were committed, Milosevic bore ultimate responsibility for what happened under his watch.… And yet, seven years later, here we are debating whether we should hold senior Bush administration officials accountable for things they have done in the ‘war on terror.’” The evidence against Milosevic, as it was against senior officials in his government, was damning, McKeon writes. Now, he notes, the US “cannot expect to regain our position of leadership in the world unless we hold ourselves to the same standards that we expect of others. That means punishing the most senior government officials responsible for these crimes. We have demanded this from other countries that have returned from walking on the dark side; we should expect no less from ourselves.… We cannot expect the rest of humanity to live in a world that we ourselves are not willing to inhabit.” [Washington Post, 4/27/2009]

Entity Tags: Mark McKeon, Slobodan Milosevic, Bush administration (43)

Category Tags: Criticisms of US

Journalist Steve Benen notes that former President Bush promised that any American who performed torture on prisoners would be prosecuted (see May 5, 2004). In light of Bush’s statement, Benen writes: “‘Full investigation.’ We want to know ‘the truth.’ We believe in ‘justice.’ ‘We act’ in response to allegations of torture. We’re transparent and discuss developments ‘with the media.’ To fail to answer questions is to act like a ‘dictatorship.’ It seems to me if Democrats are looking for an excuse to do the right thing, they don’t have to say much more than, ‘We’re doing what Bush told us to do.’” [Washington Monthly, 4/27/2009]

Entity Tags: Steve Benen, George W. Bush

Category Tags: Criticisms of US, Media

Judge Jay Bybee, who authored or signed a number of memos authorizing torture while the chief of the Justice Department’s Office of Legal Counsel (OLC—see August 1, 2002, August 1, 2002, and December 2003-June 2004), defends his actions to the New York Times. Bybee has been a federal judge for over five years (see February 5, 2003); many civil libertarians and critics of the Bush administration want him to either step down from the bench or face impeachment (see April 21, 2009), and the Justice Department is investigating his professional conduct (see Before April 22, 2009). In recent days, Bybee’s friends and colleagues have reported his “regrets” over the memos (see April 25, 2009). Now, Bybee says while in hindsight he would have done some things differently, like clarifying and sharpening the analysis of some of his answers to help the public better understand the basis for his conclusions, the memos represent “a good-faith analysis of the law” that properly defined the narrow divide between harsh treatment and torture. Bybee’s memos gave a legal framework for the use of illegal interrogation tactics such as waterboarding, sleep deprivation, and enforced isolation. In a statement, Bybee says: “The central question for lawyers was a narrow one; locate, under the statutory definition, the thin line between harsh treatment of a high-ranking al-Qaeda terrorist that is not torture and harsh treatment that is. I believed at the time, and continue to believe today, that the conclusions were legally correct.” He had the support of other administration lawyers, he says. “The legal question was and is difficult. And the stakes for the country were significant no matter what our opinion. In that context, we gave our best, honest advice, based on our good-faith analysis of the law.” Bybee’s former colleague, law professor Christopher Blakesley, says he challenged Bybee on one of the memos in 2004, shortly after it became public knowledge. “I asked him how he could sign such an awful thing,” Blakesley recalls. Bybee refused to discuss the matter, and the two men have not spoken since. Blakesley says Bybee “has some basic flaws including being very na├»ve about leaders. He has too much respect for authority and will avoid a confrontation no matter what.” Some law clerks who worked with Bybee after he left the OLC recall him speaking about his involvement in some matters “so awful, so terrible, so radioactive” that he doubted the administration would ever disclose them. One of the then-clerks, Nina Rabin, says she finds Bybee’s position disturbing because he suggests a lawyer can be divorced from the policies being pursued under his legal rubric. “He definitely offered a view that was sanitized,” she says, “and I thought that was disingenuous in that it removed any responsibility on the part of the lawyer for what was happening.” [New York Times, 4/28/2009]

Entity Tags: New York Times, Bush administration (43), Christopher Blakesley, Jay S. Bybee, US Department of Justice, Nina Rabin, Office of Legal Counsel (DOJ)

Category Tags: Criticisms of US, Statements/Writings about Torture

Georgetown University law professor Jonathan Turley writes of the “interesting” statement then-President Bush made in the days preceding the US invasion of Iraq. Bush told the Iraqi military and its citizenry, “War crimes will be prosecuted, war criminals will be punished, and it will be no defense to say, ‘I was just following orders’” (see March 17, 2003). Turley also notes Bush’s statement against torture made three months after the invasion (see June 26, 2003). According to Turley, “Bush gave a standard that showed that he and his administration knew that there is no ‘good faith defense’ in committing war crimes.” [Jonathan Turley, 4/29/2009]

Entity Tags: George W. Bush, Jonathan Turley

Category Tags: Criticisms of US

Bryce Lefever, a former military psychologist who worked with the US military’s SERE (Survival, Evasion, Resistance, and Escape) program, says the techniques reverse-engineered from the program and used to torture terrorism suspects in US custody are justified. Lefever has worked with two military psychologists, James Mitchell and Bruce Jessen, since 1990, developing techniques for SERE training. That training helps prepare US soldiers to resist torture if they are captured by enemy forces and interrogated. Mitchell and Jessen helped create the torture program of interrogation used by the US against suspected terrorists (see January 2002 and After, April 16, 2002, and Mid-April 2002). Lefever himself served as a military psychologist at Bagram Air Base in Afghanistan, where prisoners were routinely tortured and brutalized.
Patriots - Unlike many critics who have attacked the psychologists’ lack of ethics and concern, Lefever calls Mitchell and Jessen patriots. “I think the media ought to give us a big ol’ thank you for our efforts on behalf of America,” Lefever says. “There should be some recognition of the effort—the really extreme effort—that we’ve gone through to help.”
Ethically Compelled to Construct Torture Program - Lefever says the criticism of Mitchell and Jessen is unfounded and stems from a basic misunderstanding of the ethical mission of psychologists. “[T]he idea that they would be involved in producing some pain just seems at first blush to be something that would be wrong, because we ‘do no harm,’” he says, but “the ethical consideration is always to do the most good for the most people.” Because torturing a “few” prisoners might well produce intelligence that would help prevent another attack on the magnitude of 9/11, Lefever says, it was incumbent on Mitchell, Jessen, and himself to use their knowledge of SERE tactics to construct an interrogation program that might elicit such actionable intelligence. “America’s house was broken into on 9/11 and someone had to raise their hand to stop it,” he says. “And early on there was a sense of desperation in intelligence-gathering.” Lefever has no doubts that torture works to produce reliable intelligence. “You know, the tough nut to crack, if you keep him awake for a week, you torture him, you tie his arms behind him, you have him on the ground—anyone can be brought beyond their ability to resist.” Indeed, he says, it would have been unethical for him not to come forward: “America is my client; Americans are who I care about. I have no fondness for the enemy and I don’t feel like I need to take care of their mental health needs.” Mitchell, Jessen, and other military psychologists felt the same way, he says. “Anyone who wants to throw stones in this situation really needs to step back and figure out what they themselves would do in these situations and not just be ‘ivory tower’ critics,” he notes. “Most of the time they have no idea what they’re talking about.” [National Public Radio, 5/4/2009]
Accused of Abandoning Ethical Code - Psychologist Stephen Soldz, who writes for the organization Psychoanalysts for Peace and Justice, is highly critical of Lefever’s stance, accusing him of renouncing the psychologists’ code of ethics, and notes that Lefever implicitly acknowledges that SERE tactics were used on US detainees, an admission CIA and Pentagon officials have been loath to make. [Psychoanalysts for Peace and Justice, 5/4/2009]

Entity Tags: James Elmer Mitchell, Bruce Jessen, Bryce Lefever, Stephen Soldz

Category Tags: Coverup, Criticisms of US, Statements/Writings about Torture, Bagram (Afghanistan)

Experts say that the so-called “ticking time bomb” scenario, which is often used to justify the use of torture, is fallacious. Many novels (see 1960), movies, and television shows, most recently Fox’s 24 (see Fall 2006), routinely portray a time-critical scene where the hero of the story must torture a prisoner to obtain information needed to avert an imminent attack, usually the “ticking time bomb” planted and ready to explode. Terrorism expert Bruce Hoffman says that such scenarios are dubious at best. “I’ve personally been told that they happen but I have to admit that in the years, in now the decade I have been told about it, I have become increasingly skeptical,” he says. “A ticking bomb becomes a default assumption which in turn becomes a legitimization or justification for torture. And in actual fact, even though people have told me about it, I have yet to see an actual documented case independently of what I was told.” Former CIA agent Michael Scheuer says that he knows of cases where torture elicited useful and critical information, but refuses to give specifics. CIA officials are unwilling or unable to provide details of the effectiveness of techniques such as waterboarding. Former military interrogator Matthew Alexander (see December 2-4, 2008) says of the CIA’s waterboarding of Khalid Shaikh Mohammed (see April 16, 2009 and April 18, 2009), “What I get most out of the waterboarding of Khalid Shaikh Mohammed is that any approach—I don’t care what it is—if you have to do it 183 times, it is not working,” he says. “When they did use the waterboard on Khalid Shaikh Mohammed, what they were getting each time was the absolute minimum he could get away with. And that’s what you get when you use torture—you get the absolute minimum amount of information.” [National Public Radio, 5/5/2009]

Entity Tags: Bruce Hoffman, Matthew Alexander, Michael Scheuer, Khalid Shaikh Mohammed

Category Tags: Criticisms of US, Statements/Writings about Torture

Ted Sorenson.Ted Sorenson. [Source: Living Dialogues (.com)]Ted Sorenson, a former speechwriter and chief adviser to President John F. Kennedy, says that too many American lawyers stood idly by while the US conducted illegal torture and violated the Constitution. Sorenson, giving the commencement address at his alma mater, the University of Nebraska College of Law, urges the graduates to act with courage and integrity during their own careers. Sorenson says that the use of torture and other illegal tactics actually weakens US national security. “Yes, torture gets results,” he says. “It has resulted in easier, swifter, more successful recruitment for terrorist organizations among the millions of young Islamic fanatics who are willing to use the one weapon against which an open society such as ours has no sure defense—suicide bombing. It also resulted in a sharp decline in America’s standing among allies who might otherwise have provided intelligence and other forms of help. It has cost us the respect of other countries that we enjoyed, which protected us against attacks from abroad.” Few military leaders support torture, Sorenson says: “They know that the moral authority of the United States, its traditional ability to occupy the moral high ground in an international conflict, is an important part of our security. More important than the worthless statements extracted from torture’s victims who will cry out anything to halt it.” Sorenson is harshly critical of the lawyers who facilitated the Bush administration’s torture policies: “Intellectually and morally dishonest lawyers [in the Department of Justice] disgraced not only their country but their profession” in claiming that waterboarding and other forms of torture were legal, he says. “In a country based on the rule of law, in which no man is above the law, whatever his rank or title, no man can undertake, authorize, or immunize unlawful conduct.” He advocates investigation and prosecution for those who authorized and employed torture. “Our current wonderful president cannot promise the CIA practitioners of torture that they will not be prosecuted,” he says. “With all those now exposed of complicity in torture pointing fingers of blame at each other, it is clear that the guilty include political ideologues, cowardly bureaucrats, and inexperienced psychologists, all of whom plead ignorance of the law. But what about the lawyers?” [Lincoln Journal-Star, 5/9/2009]

Entity Tags: Bush administration (43), Ted Sorenson, US Department of Justice, John F. Kennedy

Category Tags: Criticisms of US, Statements/Writings about Torture

The CIA releases heavily redacted documents containing statements by Guantanamo detainees concerning their allegations of torture and abuse at the hands of CIA personnel. The documents are released as part of a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union (ACLU). The lawsuit seeks uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantanamo qualify as “enemy combatants.” Previously released versions were redacted so heavily as to contain almost no information about abuse allegations; the current versions, while still heavily redacted, contain some new information. ACLU attorney Ben Wizner, the lead attorney on the FOIA lawsuit, says: “The documents released today provide further evidence of brutal torture and abuse in the CIA’s interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability. There is no legitimate basis for the Obama administration’s continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents.” The ACLU press release notes, “The newly unredacted information includes statements from the CSRTs of former CIA detainees,” and includes quotes from alleged 9/11 mastermind Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003); alleged high-level al-Qaeda operative Abu Zubaida (see Mid-May 2002 and After); and accused terrorists Abd al-Rahim al-Nashiri (see (November 2002)) and Majid Khan (see March 10-April 15, 2007). These statements include details about their treatment, which the ACLU refers to as “torture and coercion”:
Abu Zubaida - “After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn’t care that I almost died from these injuries. Doctors told me that I nearly died four times.… They say ‘this in your diary.’ They say ‘see you want to make operation against America.’ I say no, the idea is different. They say no, torturing, torturing. I say ‘okay, I do. I was decide to make operation.’”
Abd al-Rahim al-Nashiri - “[And, they used to] drown me in water.”
Khalid Shaikh Mohammed - “This is what I understand he [a CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.”
Majid Khan - “In the end, any classified information you have is through… agencies who physically and mentally tortured me.” [American Civil Liberties Union, 6/15/2009]

Entity Tags: American Civil Liberties Union, Abd al-Rahim al-Nashiri, Abu Zubaida, Ben Wizner, Central Intelligence Agency, Khalid Shaikh Mohammed, Majid Khan, Obama administration, US Department of Defense

Category Tags: Criticisms of US, Legal Proceedings, Public Statements, Statements/Writings about Torture, Guantanamo (US Base in Cuba), Abd al-Rahim al-Nashiri, Abu Zubaida, Khalid Shaikh Mohammed, Majid Khan

Malcolm Nance, the former master instructor and chief of training at the Navy’s Survival Evasion Resistance and Escape (SERE) School who now serves as a consultant on counterterrorism and terrorism intelligence for the US government, makes a cogent point about “breaking” interrogation subjects. Nance is interviewed by MSNBC’s Rachel Maddow, who asks: “One of the other things that I think is a term that sort of gets bandied around by civilians who don’t have experience in these things when we talk about, not only the politics of interrogation, but also the utility of interrogation, is this idea of somebody being broken, a prisoner, the subject of an interrogation being a broken person. And that was described by political actors about interrogation techniques as sort of the goal, about what the idea was to—what the object was of what we wanted to be doing to al-Qaeda prisoners. Does breaking a person in interrogation terms make sense if what you’re trying to do is get real information out of them?” Nance replies, “The process of ‘breaking,’ quote-unquote, a prisoner is not something interrogators do. Interrogators really don’t want to break you down as a human being and take away all of your ability to think and reason and give a coherent answer. That was something that was developed by totalitarian and hostile regimes who saw that a confession is what they wanted out of you. They didn’t care whether you had done it or not. A confession is what they needed out of you, and to get that confession, what they would do is break you physically, psychologically, and mentally so that you could get into a state of learned helplessness and you would comply no matter what they would say. Now, this killed hundreds, if not thousands, of American service members in Korea, World War II, and Vietnam. And this is not something which any real interrogator would want to try because, of course, at that point, you are not getting information. You are just getting compliance. And any idiot can comply and that makes no intelligence whatsoever.” Nance and Maddow note that former SERE psychologists Bruce Jessen and James Mitchell, the two SERE psychologists who designed the US torture program (see Late 2001-Mid-March 2002, January 2002 and After, Late March through Early June, 2002, April - June 2002, Mid-April 2002, April 16, 2002, Between Mid-April and Mid-May 2002, Mid-May 2002 and After, June 2002, July 2002, April 2009, and April 30, 2009), were experienced in the methodologies of “breaking” prisoners and not in extracting useful information. [MSNBC, 8/13/2009]

Entity Tags: Bruce Jessen, Rachel Maddow, Malcolm Nance, James Mitchell

Category Tags: Criticisms of US, Public Statements, SERE Techniques

The US Department of Justice’s Office of Professional Responsibility refuses to refer two former Bush administration officials to authorities for criminal or civil charges regarding their authorizations of the torture of suspected terrorists (see Before April 22, 2009). John C. Yoo and Jay S. Bybee, two senior officials in the DOJ’s Office of Legal Counsel, provided the legal groundwork that allowed American interrogators to use sleep deprivation, waterboarding, and other torture methods against terror suspects (see Late September 2001, January 9, 2002, and August 1, 2002). The report finds that Yoo and Bybee, along with former OLC head Steven Bradbury, exhibited “poor judgment” in their actions. The OPR refuses to make the report’s conclusions public. It is known that senior Justice Department official David Margolis made the decision not to refer Yoo and Bybee for legal sanctions. [Office of Professional Responsibility, US Department of Justice, 7/29/2009 pdf file; Washington Post, 1/31/2010]

Entity Tags: John C. Yoo, Bush administration (43), David Margolis, Jay S. Bybee, Office of Professional Responsibility, US Department of Justice, Steven Bradbury, Office of Legal Counsel (DOJ)

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations

Bradley Manning, an Army whistleblower who allegedly leaked thousands of documents to WikiLeaks, is stripped naked overnight in the brig he is being held at. According to David E. Coombs, Manning’s lawyer, in the morning, Manning is forced to stand naked outside his cell for inspection, after which his clothes are returned to him. “This type of degrading treatment is inexcusable and without justification,” Coombs writes the next day. “It is an embarrassment to our military justice system and should not be tolerated. Private Manning has been told that the same thing will happen to him again tonight. No other detainee at the brig is forced to endure this type of isolation and humiliation.” First Lieutenant Brian Villiard, a Marine spokesman, comments that a brig duty supervisor had ordered Manning’s clothing taken from him. He says that the step was “not punitive,” is in accordance with brig rules, but he cannot say more. [New York Times, 3/3/2011]

Entity Tags: Bradley Manning, David E. Coombs, Brian Villiard

Timeline Tags: Iraq under US Occupation, Misc Entries, Domestic Propaganda

Category Tags: Criticisms of US, Detainments, Sexual Humiliation, Other Detainees

US State Department spokesman Philip J. Crowley calls the treatment of alleged whistleblower Bradley Manning “ridiculous and counterproductive and stupid.” The remarks are made at a talk at the Massachusetts Institute of Technology about how new media are impacting foreign policy, during a question-and-answer session. Crowley is asked about what he thinks about WikiLeaks and the US “torturing a prisoner in a military brig.” After criticising the conditions of Manning’s detention, Crowley adds, “None the less Bradley Manning is in the right place,” and goes on to say that in Washington’s view, “there is sometimes a need for secrets… for diplomatic progress to be made.” When the remarks become news, Crowley will issue a clarification: “What I said was my personal opinion. It does not reflect an official [US government] policy position. I defer to the Department of Defense regarding the treatment of Bradley Manning.” [BBC, 3/12/2011]

Entity Tags: Bradley Manning, US Department of State, Philip J. Crowley

Timeline Tags: Iraq under US Occupation, Misc Entries, Domestic Propaganda

Category Tags: Detainments, Criticisms of US, Other Detainees

Page 2 of 2 (171 events)
previous | 1, 2 | next

Ordering 

Time period


Categories

Key Events

Key Events (98)

General Topic Areas

Abu Ghraib Scandal Aftermath (28)Coverup (144)Criticisms of US (171)Detainee Treatment Act (15)Detainments (121)Disciplinary Actions (17)High-level Decisions and Actions (450)Human Rights Groups (81)Impunity (49)Indefinite Detention (41)Independent Investigations (27)Indications of Abuse (61)Legal Proceedings (217)Media (77)Military Commissions / Tribunals (66)Other Events (20)Prisoner Deaths (48)Private Contractors (8)Public Statements (84)Reports/Investigations (144)Statements/Writings about Torture (129)Supreme Court Decisions (5)

Renditions

Extraordinary Rendition (24)Rendition after 9/11 (75)Rendition before 9/11 (34)

Types of Abuses Performed by US

Abrogation of Rights (37)Dangerous Conditions (18)Deception (5)Electrodes (9)Exposure to Insects (4)Extreme Temperatures (48)Forced Confessions (37)Ghost Detainees (28)Insufficient Food (25)Intimidation/Threats (44)Involuntary Drugs (14)Isolation (33)Medical Services Denied (14)Mental Abuse (21)Physical Assault (140)Poor Conditions (30)SERE Techniques (30)Sexual Humiliation (57)Sexual Temptation (3)Sleep Deprivation (74)Stress Positions (65)Suppression of Religious Expression (18)Use of Dogs (20)Waterboarding (92)

Documents

Internal Memos/Reports (95)Presidential Directives (8)

Specific Events or Operations

Destruction of CIA Tapes (94)Operation Copper Green (9)Qala-i-Janghi Massacre (17)

US Bases and Interrogation Centers

Abu Ghraib Prison (Iraq) (187)Al Jafr Prison (Jordan) (8)Al Qaim (Iraq) (6)Bagram (Afghanistan) (60)Camp Bucca (Iraq) (13)Camp Cropper (Iraq) (13)Diego Garcia (8)Gardez (Afghanistan) (7)Guantanamo (US Base in Cuba) (293)Kandahar (Afghanistan) (19)Salt Pit (Afghanistan) (34)Stare Kiejkuty (Poland) (21)US Base (Thailand) (15)USS Peleliu (7)Other US Bases and Centers (40)

High Ranking Detainees

Abd al-Rahim al-Nashiri (32)Abu Zubaida (52)Ahmed Khalfan Ghailani (6)Ali Saleh Kahlah al-Marri (26)Hambali (9)Ibn al-Shaykh al-Libi (10)Khalid Shaikh Mohammed (34)Majid Khan (7)Ramzi bin al-Shibh (13)Other High Ranking Detainees (14)

Other Detainees

Abed Hamed Mowhoush (8)Asif Iqbal (20)Binyam Mohamed (14)Bisher al-Rawi (11)Hassan Mustafa Osama Nasr (37)Huda al-Azzawi (10)Jamal Udeen (10)Jamil al-Banna (9)John Walker Lindh (29)Jose Padilla (31)Khalid el-Masri (17)Maher Arar (14)Moazzam Begg (8)Mohamed al-Khatani (13)Mohammed Jawad (14)Rhuhel Ahmed (22)Saddam Salah al-Rawi (8)Salim Ahmed Hamdan (12)Shafiq Rasul (20)Tarek Dergoul (11)Yaser Esam Hamdi (22)Other Detainees (167)
Email Updates

Receive weekly email updates summarizing what contributors have added to the History Commons database

 
Donate

Developing and maintaining this site is very labor intensive. If you find it useful, please give us a hand and donate what you can.
Donate Now

Volunteer

If you would like to help us with this effort, please contact us. We need help with programming (Java, JDO, mysql, and xml), design, networking, and publicity. If you want to contribute information to this site, click the register link at the top of the page, and start contributing.
Contact Us

Creative Commons License Except where otherwise noted, the textual content of each timeline is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike