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An al-Qaeda trainer named Abu Zubair al-Haili is captured in Morocco. A Saudi known as “the Bear” since he weighs over 300 pounds, he is said to have run training camps in Afghanistan and is believed to be head of al-Qaeda’s operations in North Africa. He is also thought to be one of al-Qaeda’s top 25 leaders. He had allegedly been working on a plot to bomb US and British naval ships in the Strait of Gibraltar between Morocco and Spain. Seven other Saudis are arrested in Morocco in connection with the plot. One US official says al-Haili has “a wealth of information,” including details about al-Qaeda cells around the world. A senior Moroccan official says he was found based on a CIA tip that allegedly came from a detainee being held at the Guantanamo prison. [CNN, 6/18/2002; MSNBC, 6/22/2005] What happens to him after his arrest remains unknown. ABC News soon reports that the US is in no hurry to take custody of him because the Moroccans “can use much more persuasive methods in questioning a suspect”—presumably a reference to torture. [BBC, 6/19/2002] On September 9, 2002, USA Today will report that he is still being held in Morocco. [USA Today, 9/9/2002] On September 15, 2002, The Independent will report that he is in US custody. [Independent, 9/15/2002]
President George Bush designates Padilla, who has been in custody since May 8 (see May 8, 2002), an “enemy combatant” on advice from Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft (see June 8, 2002), and directs Rumsfeld to see that he his taken into military custody. Padilla is taken to the Consolidated Naval Brig in Charleston, South Carolina sometime during the middle of that night. At the time of the transfer, Padilla was awaiting a judgment on a request made by his counsel to have the material witness warrant (see May 8, 2002) vacated. [CNN, 6/11/2002]
Donna R. Newman, attorney for “enemy combatant” Jose Padilla (see June 10, 2002), files a habeas corpus petition in the District Court for the Southern District of New York. Newman informs the court that she has been told by the government that she is not permitted to visit Padilla or to speak with him. She may write, but he might not receive the correspondence, she says. [Jose Padilla v. George W. Bush et al., 12/4/2002 ]
In a court brief in the detention case of Yaser Esam Hamdi (see December 2001), the Bush Justice Department argues against a judge’s decision that Hamdi, a US citizen, must be allowed representation by a lawyer (see June 11, 2002). Though that right is a fundamental precept of American jurisprudence, the Justice Department argues that to allow Hamdi to have access to a lawyer—indeed, to have any contact with the outside world—would interfere with his interrogation. Moreover, only the president and his officials can decide who is and who is not a terrorist, so the courts have no right to demand access to evidence and Hamdi has no need for a lawyer. “The courts may not second-guess the military’s enemy combatant determination,” the Bush lawyers argue. “Going beyond that determination would require the courts to enter an area in which they have no competence, much less institutional expertise, [and] intrude upon the constitutional prerogative of the commander in chief (and military authorities acting under his control).” The appeals court will rule in favor of the Bush administration’s argument, deny Hamdi access to a lawyer, and instruct the lower courts to be far more deferential to the president’s power as commander in chief in future cases (see July 12, 2002). [UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 6/12/2002 ; Savage, 2007, pp. 152-153]
Several members of Congress submit a list of 50 questions to Attorney General Ashcroft, asking him how the Patriot Act is being implemented (see October 26, 2001). [New York Times, 7/14/2002] For instance, they ask, “How many times has the department requested records from libraries, bookstores and newspapers? How many roving wiretaps has the department requested?” Ashcroft refuses to answer many of the questions, even though he is legally required to do so. [San Francisco Chronicle, 9/8/2002] Senate Judiciary Committee Chairman Patrick J. Leahy (D-VT) fails to receive any response to dozens of letters he writes to Ashcroft, and other senators complain of a complete stonewall from Ashcroft. [Washington Post, 8/21/2002] In March 2003, senators continue to complain that Ashcroft still has not provided the oversight information about the Patriot Act that he is required to give by law. [ABC News, 3/12/2003]
Since the start of June until now, Guantanamo has seen the arrival of roughly 180 new prisoners, increasing the total number to 564. With a maximum capacity of Camp Delta is 612, the facility will soon be full. [American Forces Press Service, 1/14/2003] The number will stay level at around 600 (see Mid-October 2002), meaning that the interrogators at the Bagram sifting-station will have to be more discerning about who to send over.
The Court of Appeals for the Fourth Circuit reverses a court ruling issued on May 29 (see May 29, 2002) by Judge Robert G. Doumar of the US District Court in Norfolk. The appeal court says that US Federal Public Defender Frank W. Dunham is not related to “enemy combatant” Yaser Esam Hamdi and has never met him, and thus cannot file a petition on his behalf. This does not affect the habeas case of Yaser Esam Hamdi, Hamdi’s father, or an order issued on June 11 (see June 11, 2002) by a district court judge to allow a Federal Public Defender access to the detainee. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/24/2002]
A new interrogation unit arrives at the Bagram Collection Point (BCP), the improvised interrogation and holding facility at Bagram Air Force Base (see October 2001). The unit is headed by Lieutenant Carolyn Wood (see January 22, 2003-May 8, 2003), who leads a 13-man unit from the 525th Military Intelligence Brigade at Fort Bragg, NC. Wood’s unit is augmented by six Arabic-speaking reservists from the Utah National Guard. Many in the group, consolidated under Company A of the 519th Military Intelligence Battalion, are counterintelligence specialists with no background in interrogation. Only two of the soldiers have ever questioned actual prisoners. The training they receive is ad hoc and minimal. The noncommissioned officer in charge of the interrogators, Staff Sergeant Steven Loring, will later tell investigators, “There was nothing that prepared us for running an interrogation operation” like the one at Bagram. Nor are the rules of engagement clear. The platoon uses the standard interrogations guide, Section 34-52 of the Army Fleld Manual, and an order from Defense Secretary Rumsfeld to treat prisoners “humanely” and, when possible, within the strictures of the Geneva Conventions. But when President Bush determines in February 2002 that the Conventions do not apply to Taliban and al-Qaeda captives (see February 7, 2002), the interrogators decide they “could deviate slightly from the rules,” in the words of Utah reservist Sergeant James Leahy. “There was the Geneva Conventions for enemy prisoners of war, but nothing for terrorists,” Leahy will tell Army investigators. And the detainees, senior intelligence officers say, are to be considered terrorists until proved otherwise. One group of soldiers is later dubbed “the Testosterone Gang”; they decorate their tent with a Confederate flag, spend large amounts of time bodybuilding, and quickly earn a reputation as some of the most brutal of the soldiers at Bagram. [New York Times, 5/20/2005]
Military lawyers for a detainee believed to be Abu Zubaida (see March 28, 2002) lodge numerous complaints with unidentified White House officials over the torture of their client. Zubaida has been subjected to waterboarding and other abuses by CIA interrogators (see March 28, 2002-Mid-2004, March 28-August 1, 2002, Mid-April-May 2002, Mid-April 2002, and Mid-May 2002 and After). The complaints trigger a hastily arranged meeting between Vice President Cheney, White House counsel Alberto Gonzales, Cheney’s chief counsel David Addington, National Security Adviser Condoleezza Rice, and a number of officials from the Defense and State Departments. The discussion centers on the production of a legal memo specifically for the CIA that would provide retroactive legal immunity for the use of waterboarding and other illegal interrogation methods. According to a subsequent investigation by the Justice Department (see February 22, 2009), the participants in the discussion believe that the methods used against Zubaida are legal because on February 7, 2002, President Bush signed an executive order stating that terrorists were not entitled to protections under the Geneva Conventions (see February 7, 2002). Nevertheless, the participants agree that methods such as waterboarding probably violate international and domestic laws against torture, and therefore the CIA and the Bush administration would both benefit from a legal opinion stating what techniques are legal, and why they do not fit the legal definition of torture. The meeting results in the production of the so-called “Golden Shield” memo (see August 1, 2002). [Public Record, 2/22/2009]
Entity Tags: US Department of State, Bush administration (43), Alberto R. Gonzales, Abu Zubaida, Central Intelligence Agency, US Department of Justice, Condoleezza Rice, Geneva Conventions, David S. Addington, Richard (“Dick”) Cheney, George W. Bush, US Department of Defense
Timeline Tags: Civil Liberties
US military instructor Joseph Witsch, who is helping craft “extreme” methods of interrogation—torture—for use against captured terror suspects, acknowledges that some of the techniques being developed come from torture inflicted on captured US servicemen in previous conflicts, including those used by Chinese interrogators against US soldiers captured during the Korean War (see December 2001). “We can provide the ability to exploit personnel based on how our enemies have done this type of thing over the last five decades,” Witsch writes in a classified memo. [Washington Post, 4/22/2009]
Joint Personnel Recovery Agency logo. [Source: US Air Force]The Joint Personnel Recovery Agency (JPRA), the Pentagon agency tasked with advising the Defense Department on the use of harsh interrogation techniques—torture—against suspected terrorists in US custody (see December 2001), sends an unsigned memo to the Pentagon’s chief counsel, William Haynes, advising him that the use of such methods would constitute “torture,” and would produce “unreliable information” from torture victims.
Memo Warned of Torture Would Produce Bad Information - “The requirement to obtain information from an uncooperative source as quickly as possible—in time to prevent, for example, an impending terrorist attack that could result in loss of life—has been forwarded as a compelling argument for the use of torture,” the document reads. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.” The key deficiency of physical or psychological duress is the reliability and accuracy of the information gained, the memo says. “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop.” The memo also warns that the use of torture by the US could influence US enemies to torture American captives: “The unintended consequence of a US policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured US personnel.” It concludes that “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information.” The word “extreme” is underlined.
Also Sent to CIA - Besides Haynes, the memo is forwarded to the Pentagon’s Office of the General Counsel, and apparently to CIA chief counsel John Rizzo and the Justice Department. It is unclear whether high-ranking White House officials will see the document.
One of Many Warnings - JPRA chief of staff Daniel Baumgartner will later say that the agency “sent a lot of cautionary notes” regarding harsh techniques. “There is a difference between what we do in training and what the administration wanted the information for,” Baumgartner will tell a reporter in 2009. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations.… We train our own people for the worst possible outcome… and obviously the United States government does not torture its own people.”-
Senator Says Memo Suppressed - After the memo becomes public knowledge as part of a Senate report on Bush administration torture decisions (see April 21, 2009), Senator Carl Levin (D-MI), the chairman of the Armed Services Committee, will say that he believes the memo was deliberately ignored and perhaps suppressed. Levin will call the memo’s treatment “part of a pattern of squelching dissent.” A Bush administration official will later say of the memo: “That information was not brought to the attention of the principals. That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.” The memo conflicts with proposals from two JPRA psychologists heavily involved in creating a program of harsh interrogation tactics (see January 2002 and After). [Joint Personnel Recovery Agency, 7/2002 ; Washington Post, 4/25/2009]
A CIA officer applies pressure to a detainee’s carotid artery during an interrogation, almost causing him to lose consciousness. The “pressure point” technique is applied a total of three times on the detainee. During the applications, a fellow officer sits opposite the detainee and indicates to the first officer to stop when the detainee starts to pass out. The first officer will later acknowledge to the CIA’s inspector general that “he laid hands on the detainee and may have made him think he was going to lose consciousness.” The use of such pressure points is not an authorized technique at the CIA. [Central Intelligence Agency, 5/7/2004, pp. 69-70 ] In 2004, an internal CIA report will document such “pressure point” techniques in its examination of torture allegations (see May 7, 2004).
Instructors from the Joint Personnel Recovery Agency (JPRA), which oversees the military’s Survival, Evasion, Resistance, and Escape (SERE) training program, conduct a training seminar for intelligence officials. JPRA officials, including senior psychologist Bruce Jessen, have proposed a set of interrogation procedures that amounts to torture (see January 2002 and After and April 16, 2002), and the JPRA instructors are now training CIA and other agency officials in those procedures. Two JPRA legal advisers tell the group that such harsh interrogation methodologies are already deemed acceptable, even though the Justice Department has not yet issued such approval (see August 1, 2002). The lawyers tell the seminar participants, “They [interrogators] could use all forms of psychological pressure discussed, and all the physiological pressures with the exception of the ‘water board.’” The lawyers say that waterboarding might also be permitted, but interrogators “would need prior approval.” [Washington Post, 4/22/2009] During the seminar, CIA agents are given two days of training in waterboarding (see July 1-2, 2002). In 2009, the media learns that Jessen and his partner, James Mitchell, are paid $1,000 a day for the training (see April 30, 2009).
Hamburg al-Qaeda cell member Mohammed Haydar Zammar is being held in a prison in Syria, Time magazine reports. According to an unnamed US intelligence source, Zammar is providing useful information about al-Qaeda while being tortured and interrogated by Syrian intelligence. “He’s like Abu Zubaida,” the source says. “He’s kind of cooperating. Or he’s cooperating without realizing that he’s doing it.” Time reports that US officials say “no Americans are in the room with the Syrians who interrogate Zammar. US officials in Damascus submit written questions to the Syrians, who relay Zammar’s answers back. State Department officials like the arrangement because it insulates the US government from any torture the Syrians may be applying to Zammar. And some State Department officials suspect that Zammar is being tortured.” German officials are angry at the arrangement, because they say they are not getting any of the new intelligence from Zammar. They also complain that they didn’t even know until recently that the US had arranged for Zammar to be renditioned from Morocco to Syria in late 2001 (see December 2001). [Time, 7/1/2002] German officials will make a secret agreement with the Syrian government that gives them access to Zammar in late 2002. But Germans will only be able to meet with him one time (see November 20-22, 2002). US cooperation with Syria on counterterrorism will collapse in early 2003, so presumably US intelligence loses access to reports on Zammar’s interrogations at that time (see Early 2002-January 2003).
Officials from the Pentagon’s Joint Personnel Recovery Agency (JPRA) conduct a two-day seminar with select CIA interrogators and other agents on the methodologies of waterboarding. The JPRA officials are instructors in the SERE (Survival, Evasion, Resistance, and Evasion) program, which teaches US soldiers how to resist torture. SERE instructors are not trained interrogators, and the SERE techniques, originally based on Chinese Communist methods used to force false confessions from American prisoners during the Korean War (see Mid-April 2002 and July 2002), have never been shown to produce reliable information from their victims. [Agence France-Presse, 4/22/2009]
The Justice Department announces that only 74 of the 752 people detained on immigration charges after 9/11 are still in US custody. By December, only six of them will remain in custody (see December 11, 2002). Hundreds more were detained on other charges or as material witnesses, but no numbers pertaining to them have been released. 611 were subject to secret hearings. Senator Carl Levin (D-MI), who had requested the figures, says, “It took the Justice Department more than three months to produce a partial response to my letter.” But the answers raise “a number of additional questions, including why closed hearings were necessary for so many people.” Though many were held for months, “the vast majority were never charged with anything other than overstaying a visa.” [New York Times, 7/11/2002] All the deportation hearings for these people have been held in secret as well. Some say the government is cloaking its activities out of embarrassment, because none of these people have turned out to have any ties to terrorism. [New York Times, 7/11/2002; Detroit Free Press, 7/18/2002]
The Court of Appeals for the Fourth Circuit decides in favor of the government, refusing to uphold a district court’s order (see May 29, 2002) that “enemy combatant” Yaser Esam Hamdi be allowed access to his lawyer. The appeals court argues that the district court ordered access “without adequately considering [its] implications.” It states that it “has long been established that if Hamdi is indeed an ‘enemy combatant’ who was captured during hostilities in Afghanistan, the government’s present detention of him is a lawful one.” In deference to the government, the court states that the “executive is best prepared to exercise the military judgment attending the capture of alleged combatants,” adding that the “political branches are best positioned to comprehend this global war in its full context and it is the president who has been charged to use force against those ‘nations, organizations, or persons he determines’ were responsible for the September 11 terrorist attacks.” The court asserts that the “Constitution’s commitment of the conduct of war to the political branches of American government requires the court’s respect at every step.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 6/24/2002] The unanimous three-judge ruling is written by Judge Harvey Wilkinson IV, appointed to the bench by President Reagan in 1984 and often touted as a potential Supreme Court nominee by Bush administration officials and supporters. [Savage, 2007, pp. 153]
CIA attorneys meet with White House Counsel Alberto Gonzales, the Justice Department’s head of its criminal division, Michael Chertoff, and aides and lawyers from the National Security Council, Justice Department, and FBI. The meeting provides participants with an overview of the proposed interrogation plan for captured Islamist militant Abu Zubaida (see Mid-May, 2002). [Senate Intelligence Committee, 4/22/2009 ] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).
CIA Director George Tenet meets with National Security Adviser Condoleezza Rice. Rice tells Tenet that the CIA can begin its proposed interrogation plan for captured alleged al-Qaeda operative Abu Zubaida (see March 28, 2002 and July 13, 2002), advising him “that the CIA could proceed with its proposed interrogation” of Zubaida. Rice’s authorization is subject to a determination of legality by the Justice Department’s Office of Legal Counsel (see August 1, 2002). [Senate Intelligence Committee, 4/22/2009 ; BBC, 4/23/2009] The CIA has already begun torturing Zubaida (see April - June 2002, Mid-May, 2002, Mid-May 2002 and After, Mid-May 2002 and After, and June 2002).
Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—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 torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]
The government files a response in the District Court for the Eastern District of Virginia to the petition for a writ of habeas corpus for “enemy combatant” Yaser Hamdi (see July 18, 2002) and motions for the petition to be dismissed. The response, a two-page declaration of facts written by Special Adviser to the Under Secretary of Defense for Policy Michael H. Mobbs and known as the “Mobbs Declaration,” asserts that because Hamdi was “affiliated” with the Taliban and was carrying a rifle at the time of his surrender, the US military has designated him as an “enemy combatant.” It does not say that Hamdi actually fought with the Taliban against US forces. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 1/8/2003 ; Washington Post, 1/9/2003]
The CIA’s Office of Technical Services gathers data about the use of potential “enhanced interrogation techniques,” which the CIA wishes to use on detainees in the war on terror, and their long-term psychological effects on detainees. According to the agency’s inspector general, the information is solicited from “a number of psychologists and knowledgeable academics in the area of psychopathology.” It also comes from the Defense Department’s Joint Personnel Recovery Agency (JPRA), which provides information about Survival, Evasion, Resistance, and Escape (SERE) training and its subsequent psychological effects on students. The JPRA says that no long-term psychological effects result from the use of the techniques, including waterboarding, on SERE students. The data is then provided to lawyers at the agency’s Office of General Counsel and the Justice Department’s Office of Legal Counsel, who use it to draft legal opinions. [Central Intelligence Agency, 5/7/2004, pp. 14 ]
French Guantanamo detainee Nizar Sassi sends his family a postcard on which he writes, “If you want a definition of this place, you don’t have the right to have rights.” [Guardian, 12/3/2003]
Brig. Gen. Rick Baccus, the commander of Military Police at Guantanamo, tells journalists visiting Guantanamo that military officers have concerns that the inmates are still being considered “enemy combatants” rather than “prisoners of war.” [Guardian, 10/16/2002]
Former residents of the island of Diego Garcia request permission from the Bush administration to visit their former homeland. They were forcibly relocated from their homes between 1971 and 1973 (see July 27, 1971-May 26, 1973) to make way for a US base. In response, the Bush administration says in a letter: “Because of the vital role the facility plays in the global war on terrorism, British authorities have denied permission to visit Diego Garcia. We concur and support the decision.” [CNN, 6/18/2003]
Military interrogators at Guantanamo begin inquiring about the lengths to which they can go to question suspected terrorists. They are particularly interested in Mohamed al-Khatani, a Saudi captured in the Afghan-Pakistan border region in December 2001 (see December 2001). When they learn that al-Khatani was denied entry to the US in 2001 (see August 4, 2001), they decide he may be the so-called “20th hijacker” for the 9/11 attacks, especially after the FBI cajoles him into confessing to being an al-Qaeda operative (see July 2002). But al-Khatani will not, or cannot, divulge information about upcoming terror attacks, and interrogators want to increase the pressure on him (see August 8, 2002-January 15, 2003). They also wonder if, since they have found one apparently high-level al-Qaeda operative among the crowd of low-level prisoners shipped from Afghanistan, there might be others lurking in the group and pretending to be ordinary peasants. [Savage, 2007, pp. 177-178]
In August 2002, alleged al-Qaeda operative Ahmed Muhammad al-Darbi, a Saudi, reportedly comes into US custody. On October 6, 2002, a French oil tanker is attacked by a suicide bomber off the coast of Yemen (see October 6, 2002). Later that month, the Washington Post will report that al-Darbi warned in interrogation interviews that a Yemen cell was planning an attack on a Western oil tanker. It will later be claimed that he was arrested based on information gained by the interrogation of prisoner Abu Zubaida (see June 2002). [Washington Post, 10/18/2002; Human Rights Watch, 11/30/2005] In December 2002, another Post article will mention that al-Darbi remains “under CIA control.” [Washington Post, 12/26/2002] However, his whereabouts will then be unknown for some time. In late 2005, Human Rights Watch will list him as a likely “ghost prisoner” probably still being held by the CIA. [Human Rights Watch, 11/30/2005]
The Azerbaijani authorities turn Ahmed Muhammad al-Darbi, a Saudi they are holding (see June 2002), over to US agents. In 2009 Al-Darbi will issue a public statement alleging he is tortured by the US (see July 1, 2009), and a section of the statement concerning what these agents do to him in Azerbaijan will be redacted. However, an unredacted section says, “They then blindfolded me, wrapped their arms around my neck in a way that strangled me, and cursed at me.” Al-Darbi will later say he is frightened because he does not know who is holding him and where they are taking him. He will eventually be flown to Bagram Air Force Base in Afghanistan. [al-Darbi, 7/1/2009]
Attorney General John Ashcroft is informed that a detainee has been waterboarded 119 times. The source of the notification is unclear, although it presumably comes from the agency doing the waterboarding, the CIA. [Central Intelligence Agency, 5/7/2004, pp. 50 ] The detainee is presumably Abu Zubaida, who was waterboarded at least 83 times (see May 2003), although it could also be Khalid Shaikh Mohammed, who was waterboarded 183 times (see April 18, 2009).
Hussein Abdelkadr Youssouf Mustafa says he is administered pills before boarding a plane from Afghanistan to Guantanamo. “They pushed three or four pills into my mouth, drugs,” he says “I felt all the time I was between sleeping and waking.” [Independent, 1/8/2005] He was arrested on May 25, 2002 in Pakistan (see June 4, 2002-early August 2002).
Jay Bybee. [Source: Public domain]The Justice Department’s Office of Legal Counsel (OLC) sends a non-classified memo to White House Counsel Alberto Gonzales, offering the opinion that a policy allowing suspected al-Qaeda members to be tortured abroad “may be justified.” [US Department of Justice, 8/1/2002 ] This memo will later be nicknamed the “Golden Shield” by insiders in the hopes that it will protect government officials from later being charged with war crimes (see April 2002 and After). [ABC News, 4/9/2008]
Multiple Authors - The 50-page “torture memo” is signed and authored by Jay S. Bybee, head of OLC, and co-authored by John Yoo, a deputy assistant attorney general. It is later revealed that Yoo authored the memo himself, in close consultation with Vice President Cheney’s chief adviser David Addington, and Bybee just signed off on it (see December 2003-June 2004). [Washington Post, 6/9/2004] Deputy White House counsel Timothy Flanigan also contributed to the memo. Addington contributed the claim that the president may authorize any interrogation method, even if it is plainly torture. Addington’s reasoning: US and treaty law “do not apply” to the commander in chief, because Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/25/2007]
Statute Only Prohibits 'Extreme Acts' - Gonzales had formally asked for the OLC’s legal opinion in response to a request by the CIA for legal guidance. A former administration official, quoted by the Washington Post, says the CIA “was prepared to get more aggressive and re-learn old skills, but only with explicit assurances from the top that they were doing so with the full legal authority the president could confer on them.” [Washington Post, 6/9/2004] “We conclude that the statute, taken as a whole,” Bybee and Yoo write, “makes plain that it prohibits only extreme acts.” Addressing the question of what exactly constitute such acts of an extreme nature, the authors proceed to define torture as the infliction of “physical pain” that is “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” Purely mental pain or suffering can also amount to “torture under Section 2340,” but only if it results “in significant psychological harm of significant duration, e.g. lasting for months or even years.” [Washington Post, 6/9/2004]
Torture Legal and Defensible - Bybee and Yoo appear to conclude that any act short of torture, even though it may be cruel, inhuman or degrading, would be permissible. They examine, for example, “international decisions regarding the use of sensory deprivation techniques.” These cases, they notice, “make clear that while many of these techniques may amount to cruel, inhuman or degrading treatment, they do not produce pain or suffering of the necessary intensity to meet the definition of torture. From these decisions, we conclude that there is a wide range of such techniques that will not rise to the level of torture.” More astounding is Bybee and Yoo’s view that even torture can be defensible. “We conclude,” they write, “that, under the current circumstances, necessity or self-defense may justify interrogation methods that might violate Section 2340A.” Inflicting physical or mental pain might be justified, Bybee and Yoo argue, “in order to prevent further attacks on the United States by the al-Qaeda terrorist network.” In other words, necessity or self-defense may justify torture. Moreover, “necessity and self-defense could provide justifications that would eliminate any criminal liability.” [Washington Post, 6/8/2004] International anti-torture rules, furthermore, “may be unconstitutional if applied to interrogations” of suspected terrorists. [US News and World Report, 6/21/2004] Laws prohibiting torture would “not apply to the president’s detention and interrogation of enemy combatants” in the “war on terror,” because the president has constitutional authority to conduct a military campaign. [Washington Post, 6/27/2004]
Protecting US Officials from Prosecution - In 2007, author and reporter Charlie Savage will write: “In case an interrogator was ever prosecuted for violating the antitorture law (see October 21, 1994 and January 26, 1998, Yoo laid out page after page of legal defenses he could mount to get the charges dismissed. And should someone balk at this strained interpretation of the law, Yoo offered his usual trump card: Applying the antitorture law to interrogations authorized by the president would be unconstitutional, since only the commander in chief could set standards for questioning prisoners.” [Savage, 2007, pp. 155-156]
Virtually Unrestricted Authority of President - “As commander in chief,” the memo argues, “the president has the constitutional authority to order interrogations of enemy combatants to gain intelligence information concerning the military plans of the enemy.” [Washington Post, 6/9/2004] According to some critics, this judgment—which will be echoed in a March 2003 draft Pentagon report (see March 6, 2003)—ignores important past rulings such as the 1952 Supreme Court decision in Youngstown Steel and Tube Co v. Sawyer, which determined that the president, even in wartime, is subject to US laws. [Washington Post, 6/9/2004] The memo also says that US Congress “may no more regulate the president’s ability to detain and interrogate enemy combatants than it may regulate his ability to direct troop movements on the battlefield.” [Washington Post, 6/27/2004]
Ashcroft Refuses to Release Memo - After the memo’s existence is revealed, Attorney General John Ashcroft denies senators’ requests to release it, and refuses to say if or how the president was involved in the discussion. “The president has a right to hear advice from his attorney general, in confidence,” he says. [New York Times, 6/8/2004; Bloomberg, 6/8/2004; Washington Post, 6/9/2004] Privately, Ashcroft is so irritated by Yoo’s hand-in-glove work with the White House that he begins disparagingly referring to him as “Dr. Yes.” [New York Times, 10/4/2007]
Only 'Analytical' - Responding to questions about the memo, White House press secretary Scott McClellan will claim that the memo “was not prepared to provide advice on specific methods or techniques,” but was “analytical.” But the 50-page memo seems to have been considered immensely important, given its length and the fact that it was signed by Bybee. “Given the topic and length of opinion, it had to get pretty high-level attention,” Beth Nolan, a former White House counsel from 1999-2001, will tell reporters. This view is confirmed by another former Office of Legal Counsel lawyer who says that unlike documents signed by deputies in the Office of Legal Counsel, memorandums signed by the Office’s head are considered legally binding. [Washington Post, 6/9/2004]
Memo Will be Withdrawn - Almost two years later, the OLC’s new head, Jack Goldsmith, will withdraw the torture memos, fearing that they go far beyond anything countenanced by US law (see December 2003-June 2004).
Memo Addresses CIA Concerns - The administration, particularly the axis of neoconservatives centered around Cheney’s office, has enthusiastically advocated the use of violent, abusive, and sometimes tortuous interrogation techniques, though the US has never endorsed such tactics before, and many experts say such techniques are counterproductive. The CIA, responding to the desires from the White House, hastily put together a rough program after consulting with intelligence officials from Egypt and Saudi Arabia, where detainees are routinely tortured and killed in captivity, and after studying methods used by former Soviet Union interrogators. The legal questions were continuous. The former deputy legal counsel for the CIA’s Counterterrorist Center, Paul Kelbaugh, recalls in 2007: “We were getting asked about combinations—‘Can we do this and this at the same time?… These approved techniques, say, withholding food, and 50-degree temperature—can they be combined?’ Or ‘Do I have to do the less extreme before the more extreme?’” The “torture memo” is designed to address these concerns. [New York Times, 10/4/2007]
Entity Tags: John C. Yoo, Paul Kelbaugh, Timothy E. Flanigan, Scott McClellan, John Ashcroft, Richard (“Dick”) Cheney, Jay S. Bybee, Office of Legal Counsel (DOJ), David S. Addington, Alberto R. Gonzales, Beth Nolan, Al-Qaeda, Charlie Savage, Central Intelligence Agency, Jack Goldsmith
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Justice Department lawyer John Yoo, of the Office of Legal Counsel (OLC), signs off on a secret opinion that approves a long, disturbing list of harsh interrogation techniques proposed by the CIA. The list includes waterboarding, a form of near-drowning that some consider mock execution, and which has been prosecuted as a war crime in the US since at least 1901. The list only forbids one proposed technique: burying a prisoner alive (see February 4-5, 2004). Yoo concludes that such harsh tactics do not fall under the 1984 Convention Against Torture (see October 21, 1994 and July 22, 2002) because they will not be employed with “specific intent” to torture. Also, the methods do not fall under the jurisdiction of the International Criminal Court because “a state cannot be bound by treaties to which it has not consented”; also, since the interrogations do not constitute a “widespread and systematic” attack on civilian populations, and since neither Taliban nor al-Qaeda detainees are considered prisoners of war (see February 7, 2002), the ICC has no purview. The same day that Yoo sends his memo, Yoo’s boss, OLC chief Jay Bybee, sends a classified memo to the CIA regarding the interrogation of al-Qaeda members and including information detailing “potential interrogation methods and the context in which their use was contemplated” (see August 1, 2002). [US Department of Justice, 8/1/2002; Washington Post, 6/25/2007; American Civil Liberties Union [PDF], 1/28/2009 ] Yoo will later claim that he warns White House lawyers, as well as Vice President Cheney and Defense Secretary Donald Rumsfeld, that it would be dangerous to allow military interrogators to use the harshest interrogation techniques, because the military might overuse the techniques or exceed the limitations. “I always thought that only the CIA should do this, but people at the White House and at [the Defense Department] felt differently,” Yoo will later say. Yoo’s words are prophetic: such excessively harsh techniques will be used by military interrogators at Guantanamo, Abu Ghraib, and elsewhere. [Washington Post, 6/25/2007]
Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 ; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 ; American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 ; Senate Intelligence Committee, 4/22/2009 ]
Entity Tags: John Rizzo, Central Intelligence Agency, Bush administration (43), Office of Legal Counsel (DOJ), Jay S. Bybee, American Civil Liberties Union, John C. Yoo, US Department of Justice, Senate Intelligence Committee, Abu Zubaida, Alberto R. Gonzales
Timeline Tags: Torture of US Captives
According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
Isolation during the first two weeks, when he does not even know he is in Afghanistan;
Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
Bright lights in a cell where he is kept;
Denial of time to pray;
Insufficient food, which was “inedible”;
Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
Hairs are ripped from his chest and head by US personnel; and
US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]
The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
He is forced to wear women’s underwear on his head and to put on a bra.
He is threatened by dogs, placed on a leash, and told that his mother was a whore.
He is stripped naked, shaved, and forced to bark like a dog.
He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
He is forced to live in a cell deprived of heat
He is given large quantities of intravenous liquids and denied access to a toilet
He is deprived of sleep for days on end.
He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]
The district court at Norfolk finds that the Mobbs declaration (see July 25, 2002) “falls far short” of providing a basis for the continuing detention of “enemy combatant” Yaser Esam Hamdi without due process of law. “If the Court were to accept the Mobbs Declaration as sufficient justification for detaining Hamdi…, this Court would be acting as little more than a rubber stamp,” judge Robert Doumar writes in his ruling. He again orders the government to produce additional evidence, including copies of Hamdi’s statements, notes by his interrogators, statements by members of the Northern Alliance and relevant names, dates, and locations. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ; Washington Post, 1/9/2003] Doumar says the government’s arguments lead “to more questions than answers.” For example:
The Mobbs Declaration does not say what authority Mobbs has, as “Special Advisor” to the Undersecretary of Defense for Policy, to determine the classification of a detainee. He says that during the August 13 hearing (see August 13, 2002), the government’s attorney was unable to do so. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
The government has provided no reason “for Hamdi to be in solitary confinement, incommunicado for over four months and being held some eight-to-ten months without any charges of any kind.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
Though it is claimed that Hamdi was “affiliated with a Taliban military unit and received weapons training,” the declaration makes no attempt to explain the nature of this “affiliation” or why the “affiliation” warrants the classification of Hamdi as an enemy combatant. Furthermore, the declaration “never claims that Hamdi was fighting for the Taliban, nor that he was a member of the Taliban.” [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
Assertions in the document concerning statements made by Hamdi appear to be paraphrased. Hamdi’s actual statements are not provided. “Due to the ease with which such statements may be taken out of context, the Court is understandably suspicious of the Respondent’s assertions regarding statements that Hamdi is alleged to have made,” the court ruling says. [Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/16/2002 ]
The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are
mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. [Los Angeles Times, 8/18/2002] The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).
Judge Robert Doumar of the US District Court in Norfolk stays proceedings in the case of “enemy combatant” Yaser Esam Hamdi and issues a request to the Fourth Circuit to respond to the question “whether the Mobbs Declaration, standing alone, is sufficient as a matter of law to allow a meaningful judicial review of Yaser Esam Hamdi’s classification as an enemy combatant.” [Certification Order and Stay. Yaser Esam Hamdi, et al. v. Donald Rumsfeld, et al., 8/21/2002 ]
Michael H. Mobbs, the special adviser to the undersecretary of defense for policy, files a six-page document asserting that “enemy combatant” Jose Padilla (see June 9, 2002) “has been closely associated with known members and leaders of the al-Qaeda terrorist network”; that he trained at al-Qaeda camps and “met with senior Osama Bin Laden lieutenant Abu Zubaida,” whom he approached “with [a] proposal to conduct terrorist operations within the United States”; and that he talked about a plan “to build and detonate a ‘radiological dispersal device…’ within the United States, possibly in Washington, D.C.” But the document also acknowledges that the “plan” was “still in the initial planning stages.” Finally, the declaration states that “it is believed that al-Qaeda members directed Padilla to return to the United States to conduct reconnaissance and/or other attacks on behalf of al-Qaeda.” The declaration concedes that the evidence on which its assertions are based are not entirely solid, noting that its intelligence sources “have not been completely candid about their association with al-Qaeda and their terrorist activities” and that “some information provided by the sources remains uncorroborated and may be part of an effort to mislead or confuse US officials.” [Fox News, 8/28/2002; Washington Post, 9/1/2002; Newsweek, 6/9/2004]
Patsy Spier, an American teacher wounded in the attack. Her husband Rick Spier was killed. [Source: US Department of Justice]A group of US teachers traveling in the Indonesian province of Papua (also known as Irian Jaya) are ambushed on a jungle road. Two American teachers and one Indonesian teacher are killed, and eight American teachers are injured. The ambush takes place on a road owned by the company Freeport-McMoRan, which owns an extremely lucrative gold and copper mine nearby. The road is tightly controlled by the Indonesian military, the TNI, and a military check point is only 500 yards away. The TNI quickly blames the killings on the Free Papua Movement (OPM), a separatist group in the province. But a preliminary Indonesian police investigation finds that “there is a strong possibility” the ambush was carried out by members of the Indonesian military. Other classified reports presented to Congress by the CIA and FBI suggest the TNI was behind the ambush. [Washington Post, 6/22/2003] The weeks later, a US intelligence report suggests that senior Indonesian military officials discussed an operation against Freeport shortly before the ambush (see Mid-September 2002). [Washington Post, 11/3/2002] Matthew P. Daley, deputy assistant secretary of state for East Asian and Pacific Affairs, later says: “The preponderance of evidence indicates to us that members of the Indonesian army were responsible for the murders in Papua. The question of what level and for what motive did these murders take place is of deep interest to the United States.” At the time, over 2,000 security personnel were guarding the Freeport mine, and this has been a lucrative business for the TNI. However, Freeport had made recent comments in the local media that they were planning on cutting the security forces. The Washington Post will report in 2003 that the FBI is investigating the possibility that the ambush was designed to make Freeport increase its payments to the TNI. The Post will additionally report US officials also believe that “elements of the military may have wanted to frame the [OPM] in the hope of prompting the State Department to add the group to the department’s terrorist list. If the separatists were listed as a terrorist group, it would almost guarantee an increase in US counterterrorism aid to the Indonesian military.” [Washington Post, 6/22/2003] In 2006, the New York Times will report that, despite all the evidence, “Bush administration officials [have] consistently sought to absolve the Indonesian military of any link to the killings.” In November 2005, the US officially restores ties to the TNI despite the unresolved nature of the killings. The ties had been cut for 12 years due to widespread human rights abuses by the TNI. Also in 2006, Anthonius Wamang, the main suspect in the killings who was recently arrested, will confess that he did shoot at the teachers, but so did three men in Indonesian military uniforms. Furthermore, he says he was given his bullets by a senior Indonesian soldier. Wamang is said to belong to the OPM, but a human rights group connects him to the TNI. [New York Times, 1/14/2006] After the Bali bombings less than two months later (see October 12, 2002), the Asia Times will point to the Papua ambush to suggest that elements in the TNI could have had a role in the Bali bombings as well. [Asia Times, 11/7/2002]
In autumn 2002, US Delta Force units train on a mobile biological weapons factory to prepare them for dealing with mobile biological weapons factories in Iraq. The factory is just like the factories the US accuses the Iraqi government of having but which it does not have. The chief designer of the factory is Steven Hatfill, who is also the FBI’s main suspect at the time for the 2001 anthrax attacks (see October 5-November 21, 2001). Hatfill began designing the factory while working for Science Applications International Corporation (SAIC), a contractor for the US military and the CIA. He begins gathering parts to build it in 2000, and construction began in September 2001, at a metalworking plant near Fort Detrick, Maryland. SAIC fired him in March 2002, after he failed to get a high-level security clearance and he came under suspicion for the October 2001 anthrax attacks. But Hatfill continues to work on the half-built factory on his own, for no pay, until it is finished later that year. Once it is done, Hatfill continues to advise the US military about it, and sometimes supervises Delta Force training exercises on it at Fort Bragg, North Carolina. However, at the same time, the Justice Department and the FBI is heavily investigating Hatfill for the anthrax attacks, and there is a conflict between agencies over Hatfill’s continued role with the factory. The FBI wants to confiscate the factory, but the military will not give it up. Its equipment includes a fermenter, a centrifuge, and “a mill for grinding clumps of anthrax into the best size for penetrating human lungs,” according to experts familiar with it. However, its components are not connected and it is never used to make lethal germs. The FBI examines the unit but finds no anthrax spores or any other evidence linking it to the anthrax attacks. [New York Times, 7/2/2003] Hatfill will be cleared of any connection to the anthrax attacks in 2008 (see June 27, 2008).
As Bush administration lawyers warn that Vice President Cheney and his Pentagon allies are setting the government up for defeat in the courts with their hardline advice on interrogation techniques (see Late 2001-Early 2002, January 25, 2002, April 2002 and After, and August 1, 2002) and indefinite detentions (see After September 11, 2001 and December 2001-January 2002), one of the uneasiest of Justice Department lawyers is Solicitor General Theodore Olson. Cheney and Olson have similar views on the expansion of presidential powers, but his job in the administration is to win court cases. Olson is not sure that Cheney’s legal arguments are tenable. Olson is particularly worried about two pending cases, those of US citizens Jose Padilla (see June 10, 2002) and Yaser Esam Hamdi (see December 2001 and August 16, 2002). Both have been declared enemy combatants and denied access to lawyers. Olson warns that federal courts will not go along with that provision, but he finds himself opposed by CIA and Pentagon officials. When Olson and other lawyers propose that Padilla and Hamdi be granted lawyers, Cheney’s chief lawyer, David Addington, beats back their proposal because, says deputy White House counsel Timothy Flanigan, “that was the position of his client, the vice president.” The issue comes to a head in the West Wing office of Alberto Gonzales, the White House’s chief legal counsel. Four officials with direct knowledge of the meeting later recall the chain of events. Olson has the support of associate White House counsel Bradford Berenson, a former law clerk to Supreme Court Justice Anthony Kennedy. Berenson says that Kennedy, the Court’s swing vote, will never accept absolute presidential authority to declare a US citizen an enemy and lock him away without benefit of counsel. Another former Kennedy law clerk, White House lawyer Brett Kavanaugh, had made the same argument earlier. Addington, representing Cheney in the meeting, accuses Berenson of surrendering presidential authority on what he calls a fool’s prophecy about the Court; Berenson retorts by accusing Addington of “know-nothingness.” Gonzales listens quietly as the Justice Department and his own staff line up against Addington. He finally makes a decision: in favor of Cheney and Addington. [Washington Post, 6/25/2007]
Entity Tags: US Department of Defense, Brett Kavanaugh, Bradford Berenson, Alberto R. Gonzales, Central Intelligence Agency, Theodore (“Ted”) Olson, David S. Addington, Richard (“Dick”) Cheney, US Department of Justice, Jose Padilla, Yaser Esam Hamdi, Timothy E. Flanigan
Timeline Tags: Civil Liberties
According to the later recollections of senior AT&T technician Mark Klein (see July 7, 2009), rumors are swirling throughout AT&T regarding a “secret room” being built at the company’s facility at 611 Folsom Street in San Francisco (see Summer 2002). (At this time, Klein works at another AT&T facility located on San Francisco’s Geary Street; he will later begin working at the Folsom Street facility.) In January 2003, Klein will learn that the rumors are true, and that the room is to be used by the National Security Agency (NSA) (see January 2003). [Klein, 2009, pp. 26-28]
Civil rights division logo. [Source: US Department of Justice]The Bush administration embarks on a program to politicize the Justice Department’s civil rights division (CRD). The CRD is staffed by some 350 permanently employed lawyers who take complaints, investigate problems, propose lawsuits, litigate cases, and negotiate settlements. For decades, the decisions on who should fill these positions have been made by civil servants and not by political appointees. The CRD is an obvious target for politicization, and until now the Justice Department has tried to ensure that no such politicization ever took place. “There was obviously oversight from the front office [where the political appointees work], but I don’t remember a time when an individual went through that process and was not accepted,” Charles Cooper, a former lawyer in the CRD during the Reagan administration, will later recall. “I just don’t think there was any quarrel with the quality of individuals who were being hired. And we certainly weren’t placing any kind of political litmus test on… the individuals who were ultimately determined to be best qualified.”
Hiring Conservatives in Place of Career Lawyers - But Attorney General John Ashcroft changes those rules, without making any sort of official announcement. The hiring committee is not formally disbanded, but it stops having meetings scheduled, and the political appointees begin making career hiring decisions. In 2007, author and reporter Charlie Savage will write, “The result of the unprecedented change was a quiet remaking of the civil rights division, effectively turning hundreds of career jobs into politically appointed positions.” No longer would career attorneys be hired for their civil rights background; instead, lawyers from conservative law schools or from conservative legal organizations such as the Republican National Lawyers Association are given favorable treatment. Some of the new hires worked with Kenneth Starr’s Whitewater investigative team or had worked with other prominent conservatives, including former Attorney General Edwin Meese or Senator Trent Lott (R-MO). Some list themselves as belonging to prominent Christian political organizations that promote socially conservative views such as opposition to abortion and to affirmative action.
Shift towards 'Reverse Discrimination' Cases - After the new hires are in place, the division shifts its focus: instead of working on voter rights, employment discrimination, and other such cases affecting African-Americans and Hispanics, the division begins working to develop “reverse discrimination” cases in favor of whites and Christians. [Savage, 2007, pp. 295-297]
Driving Career Employees Away - Over the next few years, the types of cases pursued by the CRD changes drastically (see 2005, 2006, and 2006), and career attorneys with decades of service begin leaving the division in large numbers. The Justice Department will even encourage older hires to leave by offering them a buyout. Savage will write, “With every new vacancy, the administration gained a new change to use the new rules to hire another lawyer more in line with its political agenda.” CRD attorney David Becker will tell a 2006 NAACP hearing: “Even during other administrations that were perceived as being hostile to civil rights enforcement, career staff did not leave in numbers approaching this level. In the place of those experienced litigators and investigators, this administration has, all too often, hired inexperienced ideologues, virtually none of which have any civil rights or voting rights experience.” Some supporters say that the Bush administration is merely righting an imbalance, where the CRD was previously top-heavy with liberal lawyers interested in protecting African-Americans over other groups, but one of the CRD’s top career lawyers from 1965 through 1994, Jim Turner, says, “To say that the civil rights division had a special penchant for hiring liberal lawyers is twisting things.” [Savage, 2007, pp. 298-299]
Entity Tags: John Ashcroft, Civil Rights Division (DOJ), Charlie Savage, Charles Cooper, Bush administration (43), David Becker, Jim Turner, Trent Lott, US Department of Justice, Edwin Meese, Republican National Lawyers Association, Kenneth Starr
Timeline Tags: Civil Liberties
A CIA analyst visits Guantanamo and returns convinced that war crimes are being committed there. According to a former White House official, the analyst concludes that “if we captured some people who weren’t terrorists when we got them, they are now.” The CIA agent estimates at least more than half of the prisoners at Guantanamo do not belong there. [Guardian, 9/13/2004] John A. Gordon, Deputy National Security Adviser for combating terrorism, a former deputy director of the CIA and a retired four-star general, reads the highly critical report on Guantanamo by the CIA analyst in the early autumn of 2002. The analyst’s account of US activities at Guantanamo, he says, is “totally out of character with the American value system.” He says he also believes “that if the actions at Guantanamo ever became public, it’d be damaging to the president.” He is convinced the report is important material. “We got it up to Condi [National Security Adviser Condoleezza Rice],” he recalls. Gordon is most concerned about whether many of the prisoners at Guantanamo are not in fact innocent. “It was about how many more people are being held there that shouldn’t be,” a former White House official tells Seymour Hersh. “Have we really got the right people?” The briefing for Rice does not center on the treatment of the prisoners, but on questions of practicality: “Are we getting any intelligence? What is the process for sorting these people?” The concerns are serious enough for Rice to call a meeting at the White House with Gordon and Defense Secretary Rumsfeld. Rice allegedly says, “Let’s get the story right.” Rumsfeld seems to be agreeing and looks willing to deal with the problem. However, according to the disappointed White House official, “The Pentagon went into a full-court stall.” He says, “I was naive enough to believe that when a cabinet member says he’s going to take action, he will.” [Guardian, 9/13/2004]
Abdulsalam Ali Abdulrahman, a section chief in Yemen’s Political Security Organization, the Yemeni equivalent of the FBI, disappears in Cairo, Egypt, after going there on business. Abdulrahman, who appears to have had foreknowledge of 9/11 (see August 12, 2000), calls his family after arriving in Cairo, but is apparently kidnapped by Egyptian intelligence and handed over to the CIA. However, it is unclear whether the CIA takes him to Azerbaijan or Afghanistan. [Vidino, 2006, pp. 230; Grey, 2007, pp. 252] He will later be taken to Guantanamo (see September 20, 2004).
A memo prepared for Colonel Brittain Mallow, the commander of the Army’s Criminal Investigation Task Force (CITF), documents objections raised by Mallow to the harsh interrogation methods—torture—being used at Guantanamo Bay. Mallow’s memo cites “unacceptable methods” involving “threats,” “discomfort,” and “sensory deprivation,” and provides guidance to CITF agents on permissible interrogation methods for use on detainees. Mallow instructs his unit not to take part in “any questionable” interrogation techniques at the prison. In 2008, the American Civil Liberties Union (ACLU) will observe, “The memo suggests that CITF expressed disapproval of abusive methods used at Guantanamo as far back as September 2002.” [American Civil Liberties Union, 5/14/2008]
Abdelkader Farssaoui, a.k.a. Cartagena, is the imam of a mosque in the town of Villaverde, near Madrid, Spain. In 2007, he will testify under oath as a protected witness that he was recruited to be a police informer beginning in late 2001, if not earlier. He says that he is also working as an informant for the government of Morocco, but he nonetheless becomes highly trusted for the Spanish. Apparently, he is little used by the Spanish until about September 2002. But starting that month, he informs on a group of men attending his mosque, led by Serhane Abdelmajid Fakhet. Other members in the group he watches include Said Berraj, Mustafa Maymouni (Fakhet’s brother-in-law), Mohammed Larbi ben Sellam, and Rabei Osman Sayed Ahmed. He is also encouraged to bring Jamal Zougam closer to the group, although he does not see Zougam doing anything criminal. All of these men will later have alleged roles in the 2004 Madrid train bombings (see 7:37-7:42 a.m., March 11, 2004), except for Maymouni, who will be arrested in Morocco in 2003 for a key role in the Casablanca bombings there that year (see May 16, 2003). Even before Maymouni was arrested, Farssaoui has been giving warnings to his handlers that the group is talking about conducting attacks in Spain and Morocco (see April-June 2003). He is able to get the mobile phone numbers of all of the men so police can monitor those phones. Police do monitor the group members in other ways to confirm what Farssaoui is learning (see January 17, 2003-Late March 2004). In October 2003, Farssaoui reports that Fakhet is “looking for martyrs.” But Farssaoui is told by his handlers to immediately leave Madrid for another assignment (see October 2003). He does, so he stops monitoring the bombers just as they began planning their bombing in detail. He later says that his handlers forbid him to share what he learns with judge Baltasar Garzon, who is leading investigations into al-Qaeda related cases in Spain. They also encourage him to exaggerate what the suspects are doing so they can be indicted, and he does. This testimony Farssaoui will give in 2007 will contradict some details of earlier testimony he gave in the same trial, but he will claim that it took him time to find courage to tell the whole truth. [El Mundo (Madrid), 10/18/2004; El Mundo (Madrid), 10/21/2004; El Mundo (Madrid), 3/7/2007; ABC (Spain), 3/7/2007] He will also claim that he later accidentally discovers Farket, the leader of the group he was watching, is also a government informant (see Shortly After October 2003).
In early September 2002, a group of senior Bush administration officials gathers for a secret videoconference to decide what to do with the “Lackawanna Six,” the six Yemeni-Americans living in Lackawanna, New York, who had attended an al-Qaeda training camp before 9/11. Vice President Dick Cheney and Defense Secretary Donald Rumsfeld argue that the men should be locked up indefinitely as “enemy combatants,” and thrown into a military brig with no right to trial or even to see a lawyer. The US has already done this with two other US citizens, Yaser Hamdi and Jose Padilla. According to a participant in the meeting, Cheney argues, “They are the enemy, and they’re right here in the country.” However, all six men left their basic training course early and there is no evidence any of them had carried out or even planned any terrorist acts (see April-August 2001). Attorney General John Ashcroft insists he can bring a tough criminal case against them for providing “material support” to al-Qaeda. Ashcroft wins the argument and the six men are formally charged several days later (see September 13, 2002). [Newsweek, 10/10/2007] The six men will all eventually strike plea bargains and plead guilty, saying they were essentially forced to because the government made clear that if they fought the charges they would be declared enemy combatants (see May 19, 2003).
A US and European operation to crack down on the trafficking of women in Europe for the sex trade has mixed success. Authorities conduct 20,558 raids between September 7 and September 16, 2002 across Central and Eastern Europe, arresting 293 traffickers and netting 237 victims. National and international police officers mount 71 raids on Bosnia nightclubs, hotels, and other locations and arrest seven trafficking suspects. In Bulgaria, 2,079 individual raids are conducted with 258 people identified as traffickers and 64 women as trafficking victims. Romania reports 2,597 raids, identifying 47 traffickers and 37 women classified as sex slaves. Other countries conducting raids include Albania, Croatia, Macedonia, Yugoslavia, Greece, Hungary, Moldova, Romania, Turkey, and Ukraine. [New York Times, 10/20/2002]
Khalid Shaikh Mohammed’s (KSM’s) children, who were captured in a September 2002 raid on a house KSM used (see September 11, 2002), are allegedly tortured following their capture. A statement that they are tortured is made in a submission to a Guantanamo Bay hearing to determine the status of a detainee called Majid Khan. The submission is made by Khan’s father, based on information from another of his sons. It reads: “The Pakistani guards told my son that the boys were kept in a separate area upstairs and were denied food and water by other guards. They were also mentally tortured by having ants or other creatures put on their legs to scare them and get them to say where their father was hiding.” [US department of Defense, 4/15/2007 ] Human Rights Watch, based on eyewitness accounts, says that KSM’s children are held in an adult detention center (see June 7, 2007), and KSM also says that his children are abused in US custody (see March 10-April 15, 2007). [US Department of Defense, 3/10/2007 ; Reuters, 6/7/2007]
Ramzi Bin al-Shibh shortly after arrest. The name shown under his face is one of his aliases. (Note: this picture is from a video presentation on prisoners the Pakistani government gave to BBC filmmakers. It has been adjusted to remove some blue tinge.) [Source: BBC's "The New Al-Qaeda."]In 2002 and 2003, many of the highest-ranking al-Qaeda detainees are subjected to waterboarding and other forms of interrogation generally considered to be torture (see May 2002-2003). However, Ramzi bin al-Shibh, captured in Pakistan in September 2002 and sent to a secret CIA prison (see September 11, 2002), is not waterboarded. NBC News will later claim that he agreed to talk with just the threat of waterboarding. “Bin al-Shibh was viewed as a weakling and a narcissist and the agency played heavily on that. He quickly became the most cooperative of those detained…” However, by the time bin al-Shbih is charged before a military tribunal in 2007, he once again is refusing to talk (see March 9-April 28, 2007). [MSNBC, 9/13/2007]
Tortured in Jordan Instead? - It is unknown what other interrogation techniques may have been used on him. In contradiction to the allegation that bin al-Shibh broke easily by the mere threat of torture, it will later be reported that in late 2002, he was secretly transferred to Jordanian custody for a time so he could be tortured by the Jordanian government (see Late 2002).
US officials hold a secret meeting with Indonesian President Megawati Sukarnoputri and strongly urge her to allow the US to rendition Abu Bakar Bashir out of the country. Bashir is a radical Islamist imam alleged to be the spiritual leader of Jemaah Islamiyah (JI), al-Qaeda’s main Southeast Asian affiliate. US ambassador to Indonesia Ralph Boyce, National Security Council official Karen Brooks, and a CIA official meet with Megawati at her home in Jakarta. The interpreter is an American named Fred Burks, who will later reveal details of the meeting during an Indonesian trial. Burks claims the CIA official tells Megawati that Bashir was responsible for a series of Christmas Eve bombings in Indonesia in 2000 and asks to rendition him. Megawati had allowed the US to rendition two suspects earlier in the year, Omar al-Faruq and Muhammad Saad Iqbal Madni (see June 5, 2002 and Early January-January 9, 2002).
But neither of them are Indonesian citizens, whereas Bashir is. Megawati rejects the request, saying Bashir is too popular to simply disappear without repercussions. (Megawati’s Vice President Hamzah Haz describes himself as “very close” to Bashir, and shortly after this meeting he says publicly, “If you want to arrest Abu Bakar Bashir, you will have to deal with me first” (see July 23, 2001-October 20, 2004).) Burks claims that Megawati says: “I can’t render somebody like him. People will find out.” Boyce will later claim that the US did press forcefully for Indonesia to arrest Bashir because the CIA had just learned from interrogating al-Faruq that Bashir was the head of a terrorist network that was about to attack Indonesia. However, he will deny the US wanted to rendition him. Boyce will later call the meeting the centerpiece of a month-long series of meetings with Indonesian officials in an attempt to prevent a terrorist attack in Indonesia. [BBC, 1/3/2005; Boston Globe, 3/2/2005] However, the Bali bombings take place one month later, killing over 200 (see October 12, 2002). In 2005, Bashir will be acquitted of charges that he was involved in any terrorist acts and set free after serving a year in prison on minor charges (see March 3, 2005).
Mohammed Meguerba [Source: BBC]The first traces of the alleged ricin plot later uncovered in London in January 2003 (see January 7, 2003) are discovered in the wake of the arrest of an illegal Algerian immigrant. Mohammed Meguerba, later alleged to be the mastermind of the plot, is arrested in north London with various false IDs. An epileptic, Meguerba had entered Britain as an illegal immigrant. He had left his homeland in 1995 and traveled through Europe. He became a waiter in Ireland and married, divorced, remarried and, “by pure chance or cultural void,” said Algerian secret service, “allowed himself to be recruited by fundamentalists” at a Belfast mosque in 2000. Activists in London sent him to training camps in Afghanistan, where Osama bin Laden himself allegedly gave him a mission in Britain and supplied him with documentation and money. [Observer, 4/17/2005] After this training, Meguerba returned to London in March 2002. He went to the Finsbury Park mosque, where he began to work on crude poisons with fellow Algerian Kamal Bourgass. On September 18, 2002, Meguerba is arrested in London during an operation into suspected terrorist fundraising. But he is released on bail after suffering an epileptic fit, and then flees to Algeria. [London Times, 5/9/2005] On December 16, 2002, Meguerba is arrested in Algeria by security forces after allegedly being smuggled in by Islamist radicals. On December 28, police begin his interrogation. Within two days, he tells them that he had been working with an al-Qaeda cell in north London and had been helping them produce poisons at a flat. Authorities in Britain receive this information from the Algerian security forces on January 2 or 3. The Algerian intelligence report spurs British authorities into action. As well as information on the poison plot, it contains information on many individuals in Britain who are allegedly engaged in hard-line, violent Islamic radicalism. The report also suggests the existence of a number of terrorist cells in Britain. [Observer, 4/17/2005] Meguerba names Bourgass as ringleader and other Algerians as co-conspirators. [Independent, 4/17/2005] Meguerba had been held in a secret detention center for 17 months by the Algerian security service. His relatives are unaware he had been held from December 2002 until he was moved to a prison in Algiers. When they are finally permitted to visit him, Meguerba weighs 77 lbs and claims he has been badly tortured. These claims are backed up another Algerian man, residing in Britain, who was detained in Algiers in January 2003 and placed by his interrogators in a room with Meguerba, whom the man describes as “bruised, cut, and swollen.” Upon his appearance in an Algiers court, Meguerba appears frail and is missing teeth. The confession extracted from Meguerba during this time was the evidence that led to the Wood Green raid. However, during the later trial, the confession is not relied on by the prosecution as the allegations of torture could be raised by the defense. One source says “the Government has introduced the Human Rights Act but finds itself relying on regimes with appalling human rights records for information.” Algerian secret services deny the claims of torture. [London Times, 5/9/2005]
Secretary of Defense Donald Rumsfeld is subjected to intense questioning by Senator Robert Byrd about the United States’ role in providing Iraq with the materials for its chemical and biological weapons and Rumsfeld’s December 20, 1983 visit to Baghdad (see December 20, 1983). [US Congress, 9/20/2002]
Byrd - “Mr. Secretary, to your knowledge, did the United States help Iraq to acquire the building blocks of biological weapons during the Iran-Iraq War? Are we, in fact, now facing the possibility of reaping what we have sown?” [US Congress, 9/20/2002]
Rumsfeld - “Certainly not to my knowledge. I have no knowledge of United States companies or government being involved in assisting Iraq develop chemical, biological or nuclear weapons.” [US Congress, 9/20/2002]
Byrd - “[After reading Mr. Rumsfeld excerpts from a Newsweek article] Let me ask you again: Did the United States help Iraq to acquire the building blocks of biological weapons during the Iran-Iraq War? Are we, in fact, now facing the possibility of reaping what we have sown?” [US Congress, 9/20/2002]
Rumsfeld - “I have not read the article…. I was, for a period in late ‘83 and early ‘84, asked by President Reagan to serve as Middle East envoy after the Marines—241 Marines were killed in Beirut. As part of my responsibilities I did visit Baghdad. I did meet with Mr. Tariq Aziz. And I did meet with Saddam Hussein and spent some time visiting with them about the war they were engaged in with Iran. At the time our concern, of course, was Syria and Syria’s role in Lebanon and Lebanon’s role in the Middle East and the terrorist acts that were taking place. As a private citizen I was assisting only for a period of months. I have never heard anything like what you’ve read, I have no knowledge of it whatsoever, and I doubt it.” [US Congress, 9/20/2002]
The Department of Defense announces the assignment of Maj. Gen. Geoffrey D. Miller as commander of the Guantanamo prison. [US Department of Defense, 9/20/2002] He will assume his position in November.
Several high-level Bush administration lawyers arrive in Guantanamo. The group includes White House counsel Alberto Gonzales; Vice President Cheney’s chief of staff David Addington, who had helped the Justice Department craft its “torture memo” (see August 1, 2002); CIA legal counsel John Rizzo, who had asked the Justice Department for details about how interrogation methods could be implemented (see June 22, 2004); and the Pentagon’s general counsel, William J. Haynes. They are at Guantanamo to discuss the case of suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003).
Pressure from Washington - The commander of the Guantanamo facility, Major General Michael Dunlavey, will recall: “They wanted to know what we were doing to get to this guy, and Addington was interested in how we were managing it… They brought ideas with them which had been given from sources in DC. They came down to observe and talk.” Dunlavey will say that he was pressured by Defense Secretary Donald Rumsfeld himself to expedite the interrogation and use extraordinary means to squeeze information from the suspect. “I’ve got a short fuse on this to get it up the chain,” Dunlavey recalls. “I was on a timeline. This guy may have been the key to the survival of the US.” Asked how high up the pressure was from, Dunlavey will say, “It must have been all the way to the White House.” Rumsfeld is “directly and regularly involved” in all the discussions of interrogations.
'Do Whatever Needed to Be Done' - Staff judge advocate Lieutenant Colonel Diane Beaver will recall that Addington is “definitely the guy in charge,” taking control of the discussions. Gonzales is quiet. Haynes, a close friend and colleague of Addington’s, seems most interested in how the military commissions would function to try and convict detainees. The lawyers meet with intelligence officials and themselves witness several interrogations. Beaver will recall that the message from Addington and his group is “Do whatever needed to be done.” In essence, the Guantanamo interrogators and commanders are given a green light from the administration’s top lawyers, representing President Bush, Vice President Cheney, Rumsfeld, and the CIA. [Vanity Fair, 5/2008]
Entity Tags: William J. Haynes, US Department of Justice, Mohamed al-Khatani, Michael E. Dunlavey, David S. Addington, Diane E. Beaver, Central Intelligence Agency, Alberto R. Gonzales, Bush administration (43), Richard (“Dick”) Cheney, Donald Rumsfeld, John Rizzo, George W. Bush
Timeline Tags: Torture of US Captives, Civil Liberties
Maher Arar. [Source: Chris Wattie / Reuters]On his way home to Montreal, Maher Arar, a 34-year old IT specialist, makes a stopover at JFK International Airport in New York. He is returning alone from a family holiday with his wife and daughter in Tunisia. At the airport, Arar, who was born in Syria and has dual Syrian and Canadian citizenship, is arrested by officers wearing badges from the FBI and the New York Police Department. Arar happens to be on a terrorist watch list. A US official later says Arar has the names of “a large number of known al-Qaeda operatives, affiliates or associates” on him. [Washington Post, 11/19/2003] Canadian Solicitor General Wayne Easter later admits that Canada contributed information that led to Arar’s arrest. [Washington Post, 11/20/2003] In an interrogation room Arar asks for an attorney, but, as he later publishes on his website, is told he has no right to a lawyer because he is not an American citizen. Subsequent requests for a lawyer are ignored and the interrogation continues until midnight. His interrogators are particularly interested in another Canadian by the name of Abdullah Almalki. Arar says he has worked together with his brother, Nazih Almalki, but knows Abdullah only casually. Then, with his hands and feet in shackles, he is taken to a nearby building and put in a cell around 1 a.m. “I could not sleep,” Arar later writes. “I was very, very scared and disoriented.” [Amnesty International, 8/19/2003; CounterPunch, 11/6/2003; CBS News, 1/22/2004; Washington Post, 5/11/2004; CBC News, 11/26/2004; Maher Arar, 1/15/2005]
Cofer Black, then director of the CIA’s Counterterrorist Center, speaks about US interrogation policy during a 9/11 Congressional Inquiry hearing. “This is a very highly classified area, but I have to say that all you need to know: there was a before-9/11 and an after-9/11. After 9/11 the gloves came off.” [Newsweek, 5/24/2004] He apparently made similar comments on September 19, 2001, to the first CIA operatives heading to Afghanistan after 9/11 (see September 19, 2001).
The Army’s senior SERE psychologist, Lieutenant Colonel Morgan Banks, warns interrogators at Guantanamo against using SERE techniques in their questioning of detainees. The SERE program, which trains US soldiers to resist torture, has had its tactics “reverse-engineered” to be used against suspected terrorists (see December 2001, January 2002 and After, and July 2002). In an e-mail, Banks writes: “[T]he use of physical pressures brings with it a large number of potential negative side effects.… When individuals are gradually exposed to increasing levels of discomfort, it is more common for them to resist harder.… If individuals are put under enough discomfort, i.e. pain, they will eventually do whatever it takes to stop the pain. This will increase the amount of information they tell the interrogator, but it does not mean the information is accurate. In fact, it usually decreases the reliability of the information because the person will say whatever he believes will stop the pain.… Bottom line: the likelihood that the use of physical pressures will increase the delivery of accurate information from a detainee is very low. The likelihood that the use of physical pressures will increase the level of resistance in a detainee is very high.” [Huffington Post, 4/21/2009]
Deputy Attorney General Larry Thompson, in his capacity as acting attorney general, signs an order to transfer Maher Arar from the US to Syria, stating, according to officials speaking on condition of anonymity, that sending him to Canada would be “prejudicial to the interests of the United States.” Arar has dual Canadian and Syrian citizenship and has expressed his fear of being tortured once extradited to Syria. One year later, Imad Moustafa, Syria’s charge d’affaires in Washington says Syria had no reason to detain Arar, but that his country has agreed to take him as a favor to the US and to win its goodwill. He also says US intelligence officials have told their Syrian counterparts that Arar is a member of al-Qaeda. [Washington Post, 11/19/2003]
FBI agent Robert Fuller interrogates Canadian citizen Omar Khadr at Bagram Air Base in Afghanistan. Fuller is an FBI agent who failed to locate the 9/11 hijackers in the US before 9/11 (see September 4, 2001, September 4-5, 2001, and September 4-5, 2001), while Khadr is a minor accused of throwing a hand grenade that killed a US soldier in Afghanistan. The interrogation lasts from October 7 to October 22. On the first day, Fuller shows Khadr a black-and-white photograph provided by the FBI in Massachusetts of Maher Arar, a Canadian terror suspect the US has been holding in New York (see September 26, 2002). Fuller will later say that Khadr identifies Arar as someone he has seen in a safe house run by al-Qaeda in Afghanistan and that he also “may have” seen Arar at a terror training camp near Kabul. However, at the time Khadr says he saw Arar in Afghanistan—September and October 2001—Arar was first in the US and then in Canada under surveillance by the local authorities, according to Walter Ruiz, a lawyer who will later represent Khadr. Ruiz will also point out that it takes Khadr several minutes to identify Arar. Another of Khadr’s lawyers, Lieutenant Commander Bill Kuebler, will say that Khadr repeatedly lies to his interrogators to avoid being abused. Deputy Attorney General Larry Thompson decides that Arar will be deported to Syria on this day (see October 7, 2002), and the deportation is soon carried out (see October 8, 2002). However, it is unclear whether Thompson’s decision is motivated by Fuller’s interrogation of Khadr or other factors. [CBC News, 1/20/2009; Canwest News Service, 1/20/2009] Fuller will testify about the identification at a Guantanamo hearing (see January 19, 2009), but facts calling it into question will emerge under cross-examination (see January 20, 2009).
At 3 o’clock in the morning, Maher Arar is woken up in his cell in New York and taken to another room where he is stripped, searched, shackled, and chained. Two officials read him a decision by the director of the INS, saying that he will be deported to Syria and, as Arar recalls it, “that INS was not the body that deals with Geneva Convention regarding torture.” There is no such convention, but this is probably a reference to the Convention Against Torture (CAT—see October 21, 1994). However, Article 3 of the CAT states: “No State Party shall expel… a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.” In addition, the US immigration law cited to justify Arar’s deportation prohibits sending individuals to a country where “it is more likely than not that they will be tortured.” A Justice Department spokesman nevertheless maintains that “the removal of Mr. Arar was accomplished after interagency consultation and in full compliance with the law and with all relevant international treaties and conventions.” [Washington Post, 11/19/2003] On that early morning of October 8, Arar is put on a small jet. After a landing in Washington, a “special removal unit,” a term Arar overheard, boards the plane and is at this point in custody of the CIA. [Washington Post, 11/12/2003; Washington Post, 5/11/2004] “They said Syria was refusing to take me directly,” Arar will later recall, “and I would have to fly to Jordan.” Torture is again his prime thought. “At that time I was thinking of what would happen once I arrived in Syria and how am I to avoid torture.” Via Portland, Maine, and Rome, the jet lands in Amman, Jordan, where six or seven Jordanians are waiting for him. Without a word being spoken Arar is handed over. Blindfolded and chained, he is put in a van, and “right away,… they started beating me,” Arar recalls. Half an hour later inside a building, he is subjected to more questioning. [CBC News, 11/26/2004]
The day following Maher Arar’s handover by the CIA to Jordanian authorities (see October 8, 2002), the overland journey to Syria resumes in various cars and again Arar is beaten. In the evening, Arar arrives at the so-called “Palestinian branch” of Syrian military intelligence. Interrogation begins. “I was very, very scared,” Arar will later recall. There is a metal chair in the corner, and each time Arar does not answer quickly enough, a Syrian colonel points at the chair and asks, “Do you want me to use this?” Arar later learns it is used for torture. Four hours later, he is taken to a cell in the basement. “It was like a grave,” Arar says. “It had no light. It was three feet wide. It was six feet deep. It was seven feet high.… There was a small opening in the ceiling, about one foot by two feet with iron bars. Over that was another ceiling, so only a little light came through this. There were cats and rats up there, and from time to time the cats peed through the opening into the cell. There were two blankets, two dishes, and two bottles. One bottle was for water and the other one was used for urinating during the night. Nothing else. No light. I spent ten months and ten days inside that grave.” [CBC News, 11/26/2004]
Gen. Rick Baccus is relieved of his duties at Guantanamo and also as an officer in the Rhode Island National Guard. With regard to the latter position, his commanding officer in the Rhode Island National Guard, Maj. Gen. Reginald Centracchio, says he has fired him for reasons that “culminated in my losing trust and confidence in him.” One of those reasons, a National Guard spokesman says, is failing to keep headquarters up to date with reports on the well-being of troops. Baccus denies the allegation and expresses surprise. “I’m a little amazed that after being deployed for seven months, separated from my wife, family, and my job and being called to active duty, this is the kind of reception I’m getting.” [Guardian, 10/16/2002] In response to the allegation that his treatment of prisoners made it more difficult for the interrogators, Baccus states that “in no instance did I interfere with interrogations.” [Guardian, 10/16/2002] Paradoxically, this is exactly what the Pentagon is planning to change. Baccus’s sacking coincides with the merger of his Joint Task Force (JTF) 160 with military intelligence unit JTF-170 into a new JTF-GTMO. By doing this Rumsfeld will give military intelligence control of all aspects of the camp, including the MPs. [Newsweek, 5/24/2004] Military police, now called the Joint Detention Operations Group (JDOG), and the Joint Intelligence Group report directly to the commander of JTF-GTMO. The MPs are fully incorporated into a joint effort of extracting information from prisoners. Vice Admiral Albert T. Church III, naval inspector general, will later describe the arrangement during a press briefing in May 2004: “They monitor the detainees, they monitor their behavior, they monitor who the leaders are, who the followers are, they monitor what is said and they ask for an interpreter if there’s a lot of conversation going on. They’ll know eating habits, and they’ll record this in a management information system, which could be useful to the intelligence group, during the interrogations.” [US Department of Defense, 5/12/2004]
A day after his arrival at the “Palestinian Branch” prison in Syria (see October 9, 2002), Maher Arar’s captors begin torturing him. He will later claim, “The beating started… and was very intense for a week, and then less intense for another week. That second and the third days were the worst. I could hear other prisoners being tortured, and screaming and screaming. Interrogations are carried out in different rooms.” Only on this day, two days after his removal, is Canada officially informed of Arar’s deportation from the US. [CBC News, 11/26/2004] A few days later, Arar’s wife, Monia Mazigh, relays her concerns about his fate. “I don’t know even if he’s dead, alive, tortured, punished, anything,” she says. [CBC News, 10/16/2002] The next two days, his torturers use a two-inch thick black electrical cable to beat him all over his body, but mostly on his hands and wrists. They also threaten him with “the chair,” electric shocks and, while constrained inside a tire, with beatings on the sole of his feet. Another tactic is to scare him by putting him in a waiting room where he is forced to listen to the screams of other prisoners being tortured. On the third day, the interrogation round lasts about 18 hours. “They kept beating me so I had to falsely confess and told them I did go to Afghanistan. I was ready to confess to anything if it would stop the torture. They wanted me to say I went to a training camp. I was so scared I urinated on myself twice. The beating was less severe each of the following days. At the end of each day, they would always say, ‘Tomorrow will be harder for you.’ So each night, I could not sleep—I did not sleep for the first four days, and slept no more than two hours a day for about two months.” Interrogations and torture end around October 20, three days before Arar receives a visit from the Canadian consulate. With the colonel and three other Syrian officials present, Arar does not dare talk about his experiences. After the visit, he is required to sign a document, the contents of which are unknown to him, and on another document he is forced to write that he has been to Afghanistan. All in all, Arar receives seven consular visits and one from members of the Canadian parliament. He is never in the position, however, to tell his visitors about the torture and his grave-like cell. For six months he does not see any sunlight, except for during the interrogations and visits. He loses 40 pounds. “I had moments I wanted to kill myself. I was like a dead person.” [Washington Post, 11/12/2003]
The Human Rights Chamber of Bosnia-Herzegovina rules that Bosnian government has violated human rights conventions in transferring six terrorist suspects into US custody in January (see January 18, 2002). Furthermore, Bosnia should have sought assurances from the US that it would not seek the death penalty against the detainees, the court says. [Amnesty International, 8/19/2003]
Lieutenant Colonel Diane Beaver, the top legal adviser to the Army’s interrogation unit at Guantanamo, JTF-170, writes a legal analysis of the extreme interrogation techniques being used on detainees. Beaver notes that some of the more savage “counter-resistance” techniques being considered for use, such as waterboarding (the use of which has resulted in courts-martials for users in the past) might present legal problems. She acknowledges that US military personnel at Guantanamo are bound by the Uniform Code of Military Justice, which characterizes “cruelty,” “maltreatment,” “threats,” and “assaults” as felonies. However, she reasons, if interrogators can obtain “permission,” or perhaps “immunity,” from higher authorities “in advance,” they might not be legally culpable. In 2006, a senior Defense Department official calls Beaver’s legal arguments “inventive,” saying: “Normally, you grant immunity after the fact, to someone who has already committed a crime, in exchange for an order to get that person to testify. I don’t know whether we’ve ever faced the question of immunity in advance before.” The official praises Beaver “for trying to think outside the box. I would credit Diane as raising that as a way to think about it.” Beaver will later be promoted to the staff of the Pentagon’s Office of General Counsel, where she will specialize in detainee issues. But Naval General Counsel Alberto Mora is less impressed. When he reads Beaver’s legal analysis two months later (see December 17-18, 2002), he calls it “a wholly inadequate analysis of the law.” According to Mora, the Beaver memo held that “cruel, inhuman, or degrading treatment could be inflicted on the Guantanamo detainees with near impunity.” Such acts are blatantly illegal, Mora believes. Mora will note that Defense Secretary Donald Rumsfeld bases his decision to approve such harsh “counter-resistance” techniques (see December 2, 2002) in part on Beaver’s memo. He will write that Rumsfeld’s decision “was fatally grounded on these serious failures of legal analysis.” Neither Beaver nor Rumsfeld will draw any “bright line” prohibiting the combination of these techniques, or defining any limits for their use. As such, this vagueness of language “could produce effects reaching the level of torture,” which is prohibited without exception both in the US and under international law. [New Yorker, 2/27/2006]
Written under Difficult Circumstances - Beaver later tells a more complete story of her creation of the memo. She insists on a paper trail showing that the authorization of extreme interrogation techniques came from above, not from “the dirt on the ground,” as she describes herself. The Guantanamo commander, Major General Michael Dunlavey, only gives her four days to whip up a legal analysis, which she sees as a starting point for a legal review of the interrogation policies. She has few books and materials, and more experienced lawyers at the US Southern Command, the Judge Advocate General School, the Joint Chiefs of Staff, and the DIA refuse to help her write the analysis. She is forced to write her analysis based on her own knowledge of the law and what she could find on the Internet. She bases her analysis on the previous presidential decision to ignore the Geneva Conventions, later recalling, “It was not my job to second-guess the president.” Knowing little of international law, she ignores that body of law altogether. She fully expects her analysis to be dissected and portions of it overridden, but she is later astonished that her analysis will be used as a legal underpinning for the administration’s policies. She has no idea that her analysis is to be used to provide legal cover for much more senior White House officials (see June 22, 2004). She goes through each of the 18 approved interrogation techniques (see December 2, 2002), assessing them against the standards set by US law, including the Eighth Amendment, which proscribes “cruel and unusual punishment,” the federal torture statutes, and the Uniform Code of Military Justice. Beaver finds that each of the 18 techniques are acceptable “so long as the force used could plausibly have been thought necessary in a particular situation to achieve a legitimate government objective, and it was applied in a good faith effort and not maliciously or sadistically for the very purpose of causing harm.” Law professor Phillippe Sands later observes: “That is to say, the techniques are legal if the motivation is pure. National security justifies anything.” The interrogators must be properly trained, Beaver notes, and any interrogations involving the more severe techniques must “undergo a legal, medical, behavioral science, and intelligence review prior to their commencement.” However, if all of the criteria are met, she “agree[s] that the proposed strategies do not violate applicable federal law.” Sands points out that her use of the word “agree” indicates that she “seems to be confirming a policy decision that she knows has already been made.”
'Awful' but Understandable - Sands later calls her reasoning “awful,” but understands that she was forced to write the memo, and reasonably expected to have more senior legal officials review and rewrite her work. “She could not have anticipated that there would be no other piece of written legal advice bearing on the Guantanamo interrogations. She could not have anticipated that she would be made the scapegoat.” Beaver will recall passing Vice President Cheney’s chief of staff David Addington in a Pentagon hallway shortly after she submitted the memo. Addington smiled at her and said, “Great minds think alike.” [Vanity Fair, 5/2008]
Entity Tags: Michael E. Dunlavey, Donald Rumsfeld, Diane E. Beaver, Defense Intelligence Agency, David S. Addington, Alberto Mora, Geneva Conventions, Judge Advocate General School, US Department of Defense, US Department of the Army, Phillippe Sands, Joint Chiefs of Staff, US Southern Command
Timeline Tags: Torture of US Captives, Civil Liberties
Two days after General Rick Baccus has been relieved from duty as the guard commander at Guantanamo (see October 9, 2002), and almost one and a half months since the writing of the Office of Legal Counsel’s (OLC) August memo on torture (see August 1, 2002), military intelligence at Guantanamo begin suggesting new rules of interrogation. Lieutenant Colonel Jerald Phifer, Director J2, sends a memo, to Major General Michael E. Dunlavey, Commander of Joint Task Force (JTF) 170, requesting approval for more severe interrogation techniques. [US Department of Defense, 10/11/2002 ; New Yorker, 2/27/2008] In 2009, Senator Carl Levin (D-MI) will write (see April 21, 2009) that Dunlavey’s request is sparked by recent reports on the use of SERE training techniques for interrogation purposes (see January 2002 and After and April 16, 2002). [Huffington Post, 4/21/2009]
Three Categories of Techniques - The memo states, “The current guidelines for interrogation procedures at GTMO [Guantanamo] limit the ability of interrogators to counter advanced resistance.” Phifer proposes three categories of techniques. The mildest, which includes yelling and weak forms of deception, are included in category one. Category two techniques are more severe and require approval by an “interrogator group director.” They include the use of stress positions for up to four hours; use of falsified documents; isolation for up to 30 days; sensory deprivation and hooding; 20-hour interrogations; removal of comfort and religious items; replacing hot food with cold military rations; removal of clothing; forced grooming, including the shaving of beards; and playing on detainees’ phobias to induce stress, such as a fear of dogs. The harshest techniques, listed in category three, are to be reserved for a “very small percentage of the most uncooperative detainees” and only used with permission from the commander of the prison. These methods include using non-injurious physical contact like poking or grabbing; threatening a detainee with death or severe pain or threatening that a family member would be subjected to such harm; exposing him to cold weather or water; using a wet towel to “induce the misperception of suffocation.” [US Department of Defense, 10/11/2002 ; New Yorker, 2/27/2008]
Desire to Extract More Information from Detainee - The request is prompted in part by military intelligence’s belief that Guantanamo detainee Mohamed al-Khatani has more information than the FBI has managed to extract from him. “Al-Khatani is a person in… whom we have considerable interest,” Dell’Orto will explain during a 2004 press briefing at the White House. “He has resisted our techniques. And so it is concluded at Guantanamo that it may be time to inquire as to whether there may be more flexibility in the type of techniques we use on him.” [Washington File, 6/23/2004]
JAG Officer Concludes Tactics are Legal - The same day, a staff judge advocate, Lieutenant Colonel Diane E. Beaver, reviews Phifer’s proposed techniques for legality and, while making qualifications and recommending further review, concludes in a memo to Dunlavey that they are legal. Also the same day, Dunlavey sends the list of techniques to his superior, General James T. Hill, commander of the Southern Command, requesting approval for their use. Dunlavey writes: “Although [the techniques currently employed] have resulted in significant exploitable intelligence the same methods have become less effective over time. I believe the methods and techniques delineated in the accompanying J-2 memorandum will enhance our efforts to extract additional information.” [US Department of Defense, 10/11/2002 ] Beaver concludes that since President Bush had decided that all the detainees “are not protected by the Geneva Conventions” (see January 18-25, 2002, February 7, 2002), all of the desired techniques are allowable because “no international body of law directly applies.” [Savage, 2007, pp. 178]
At a Republican fundraiser, President Bush erroneously labels captured Islamic militant Abu Zubaida (see March 28, 2002) as “one of the top three leaders” of al-Qaeda. Senior government officials have long been aware that many intelligence officials believe Zubaida to be little more than a low-level “gofer” for al-Qaeda (see Shortly After March 28, 2002 and April 9, 2002 and After). Bush says, apparently boasting of the deaths of some captured suspects: “I would say we’ve hauled in—arrested, or however you want to put it—a couple of thousand of al-Qaeda. Some of them are former leaders. Abu Zubaida was one of the top three leaders in the organization. Like number weren’t as lucky, they met a different kind of fate. But they’re no longer a problem. We’re slowly but surely rounding them up. The other day we got this guy, [Ramzi b]in al-Shibh. He popped his head up. He’s not a problem (see September 11, 2002). Slowly but surely. And I’m not giving up. There’s not a calendar on my desk that says, okay, on this day, you quit. That’s just not the way I think.” [White House, 10/14/2002]
Gen. Michael Dunlavey, head of the intelligence operations at Guantanamo, faces an outbreak of unrest among the prisoners after he announces that four detainees will be repatriated: three Afghans and a Tajik. According to an October 20 email sent by an FBI official from Guantanamo, these detainees “will be taken back to their respective countries in late October and the same plane will return with between ten and thirty-four new detainees.” After the announcement, the camp erupts in unrest and there is a “threat of mass suicide by the detainees.” [Federal Bureau of Investigation, 10/26/2002 ] It is not clear what has caused the unrest. According to Shafiq Rasul, one of the detainees, “They would announce upon loud speakers (particularly when people were released) that if we co-operated with them they would release us. We knew this included acting as an informant.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] According to the FBI official, “no suicides [happen] and the Camp quickly [settles] down.” [Federal Bureau of Investigation, 10/26/2002 ]
The prison population of Guantanamo is reported to stand at 598, very close to its ideal maximum capacity of about 600. [Guardian, 10/16/2002] Its population will reach a maximum of about 660 in July 2003 (see July 18, 2003).
Gen. James T. Hill, commander of the Southern Command, sends a memo to Chairman of the Joint Chiefs of Staff Richard Myers providing him information on the new interrogation techniques that have been requested for use at Guantanamo (see October 11, 2002). He says that new methods are needed because, “despite our best efforts, some detainees have tenaciously resisted our current interrogation methods.” He says he thinks Categories I and II techniques are “legal and humane.” He only questions the legality of category three techniques, recommending additional legal advice from lawyers at the Pentagon and the Justice Department. Hill writes: “I am particularly troubled by the use of implied or expressed threats of death of the detainee or his family. However, I desire to have as many options as possible at my disposal….” [US Department of Defense, 10/25/2002 ] Hill later says, “We weren’t sure in the beginning what we had; we’re not sure today what we have. There are still people who do not talk to us. We could have the keys to the kingdom and not know it.” [New York Times, 6/21/2004]
The Justice Department provides limited information to the House Judiciary Committee about actions performed under the new Patriot Act (see October 26, 2001). Representative James Sensenbrenner (R-WI) had demanded answers to 50 questions regarding the Patriot Act from Attorney General John Ashcroft, or else he would “start blowing a fuse.” Among other things, Sensenbrenner wanted to know how many times the Justice Department had implemented wiretaps under the act, and threatened Congressional subpoenas and opposition to the act when it comes up for renewal. Sensenbrenner and the Judiciary Committee receive far less than originally requested, with the Justice Department asserting that much of the information is classified and cannot be revealed. Sensenbrenner declares himself satisfied. [Savage, 2007, pp. 114-115]
Shortly after the October 11, 2002, request by Guantanamo commander Major General Michael Dunlavey for approval of new, harsh interrogation techniques, and after Guantanamo legal counsel Diane Beaver submitted her analysis justifying the use of those techniques (see October 11, 2002), General James T. “Tom” Hill forwards everything to General Richard Myers, the chairman of the Joint Chiefs of Staff. Hill includes a letter that contains the sentence, “Our respective staffs, the Office of the Secretary of Defense, and Joint Task Force 170 [the Army unit in charge of interrogating Guantanamo detainees] have been trying to identify counter-resistant techniques that we can lawfully employ.” In the letter, Hill is clearly ambivalent about the use of severe interrogation methods. He wants the opinion of senior Pentagon lawyers, and requests that “Department of Justice lawyers review the third category [the most severe] of techniques.” But none of this happens. The Joint Chiefs should have subjected the request to a detailed legal review, including scrutiny by Myers’s own counsel, Jane Dalton, but instead, Pentagon general counsel William J. Haynes short-circuits the approval process. Navy General Counsel Alberto Mora recalls Dalton telling him: “Jim pulled this away. We never had a chance to complete the assessment.” Myers later recalls being troubled that the normal procedures had been circumvented. Looking at the “Haynes Memo,” Myers will point out, “You don’t see my initials on this.” He notes that he “discussed it,” but never signed off on it. “This was not the way this should have come about.” Myers will come to believe that there was “intrigue” going on “that I wasn’t aware of, and Jane wasn’t aware of, that was probably occurring between [William J.] Haynes, White House general counsel [Alberto Gonzales], and Justice.” Instead of going through the proper channels, the memo goes straight to Haynes, who merely signs off with a note that says, “Good to go.” [Vanity Fair, 5/2008]
Entity Tags: Joint Chiefs of Staff, US Department of Justice, Diane E. Beaver, Alberto R. Gonzales, Alberto Mora, James T. Hill, Jane Dalton, Richard B. Myers, Michael E. Dunlavey, William J. Haynes
Timeline Tags: Torture of US Captives, Civil Liberties
Two detainees, Gul Rahman and Ghairat Baheer, are transferred from Pakistan to the CIA-controlled Salt Pit black site in Afghanistan. Baheer will say that he was separated from Rahman about a week after they were captured (see October 29, 2002) and they were both moved to the prison, so presumably they are transferred there together. [Associated Press, 3/28/2010] Rahman will later die at the prison (see November 20, 2002).
The deputy commander of the Pentagon’s Criminal Investigation Task Force at the Guantanamo Bay detention facility raises concerns that the SERE techniques being used against suspected terrorists (see December 2001) were “developed to better prepare US military personnel to resist interrogations and not as a means of obtaining reliable information.” Concurrently with this officer’s questions, Air Force officials cite “serious concerns regarding the legality of many of the proposed techniques.” Legal officials from other military branches agree, citing “maltreatment” that would “arguably violate federal law.” [Senate Armed Services Committee, 11/20/2008 ]
The CIA starts a course for individuals who will be involved in its detainee interrogation program. The pilot program runs for two weeks, focuses on so-called “enhanced interrogation techniques,” and is designed to train, qualify, and certify individuals as CIA interrogators. The curriculum is designed by several CIA Counterterrorist Center officers, including an instructor on Survival, Evasion, Resistance, and Escape (SERE) techniques. The first week is for classroom training, whereas the second week is what the agency’s inspector general will call “hands-on” training in the use of the enhanced techniques. Once an interrogator becomes certified, he is deemed to be qualified to conduct an interrogation using the enhanced techniques. All course graduates are required to sign an acknowledgement that they have read, understood, and will comply with interrogation guidelines issued by the CIA’s director. [Central Intelligence Agency, 5/7/2004, pp. 25, 31-33 ]
Gul Rahman. [Source: From Family via CBS News]Gul Rahman, an Afghani recently detained in Pakistan (see October 29, 2002) and now held at the CIA-controlled Salt Pit black site in Afghanistan (see Shortly After October 29, 2002), is uncooperative with his captors. At one point he throws a latrine bucket at his guards, and he also threatens to kill them. These actions provoke harsher treatment. His hands are shackled over his head, he is roughed up, and will be doused with water, leading to his death (see November 20, 2002). [Associated Press, 3/28/2010]
The CIA flies detained al-Qaeda leader Abd al-Rahim al-Nashiri from the United Arab Emirates, where he was captured (see Early October 2002), to an agency black site in Afghanistan known as the Salt Pit. [Associated Press, 9/7/2010]
Bisher al-Rawi, Jamil al-Banna, and Abdullah El-Janoudi are scheduled to fly from London to Gambia on November 1, 2002. They are going to help al-Rawi’s brother start a peanut factory there. Al-Rawi had worked as an informant for the British intelligence agency MI5, helping them communicate with imam Abu Qatada, but he was fired several months earlier (see Late September 2001-Summer 2002 and Summer 2002). Al-Banna had also been informally helping MI5 with Abu Qatada, but the day before their trip he had turned down an offer to formally work as an MI5 informant (see Summer-Early November 2002 and October 31, 2002). El-Janoudi is a friend and a British citizen, while the other two men are long-time British residents. At Gatwick Airport in London, the three men are detained by security agents. For four days, they are questioned by police about their luggage and their ties to Abu Qatada. In particular, they are interested in a device al-Rawi has. But on closer inspection, it turns out to be a modified store-bought battery charger. Their houses are also searched for evidence. Finally they are cleared and let go. While they are being held, MI5 contacts the CIA and warns that the three men are about to go to Gambia. MI5 calls al-Rawi an “Iraqi extremist” linked to Abu Qatada and says the battery charger is a timing device for a bomb, even though MI5 already knows this is not true. They fail to mention that al-Rawi and al-Banna have been working as MI5 informants. By the time the three men can get another flight to Gambia, seven days have passed. The Washington Post will later note that this “has led to [later] speculation by the men’s attorneys and families that the delay gave the CIA time to position operatives in Gambia.” [Washington Post, 4/2/2006; Observer, 7/29/2007] The CIA, believing the false information sent by MI5, will detain the three men as soon as they arrive in Gambia on November 8 (see November 8, 2002-December 7, 2002).
Maj. Gen. Geoffrey Miller assumes command of the new Joint Task Force (JTF) GTMO, which is the product of the merger of the military intelligence and military police units at Guantanamo (see October 9, 2002). [Amnesty International, 10/27/2004] Although he is reported not to have had any formal training in the operation of prisons or in intelligence, Miller comes to be seen at the Pentagon as largely successful in extracting information from the prisoners. “[H]e oversaw,” according to the Washington Post, “a transformation of the… detention center at Guantanamo Bay from a disorganized bundle of tents into an efficient prison that routinely produced what officials have called ‘moderately valuable’ intelligence for the war on terrorism.” [Washington Post, 5/16/2004] The “Tipton Three,”—Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul—also notice the difference. “We had the impression,” Rasul recalls, “that at the beginning things were not carefully planned but a point came at which you could notice things changing. That appeared to be after [the arrival of] Gen. Miller around the end of 2002.” Thus, according to the Tipton Three, it is under Miller that the practice of so called “short-shackling” begins, which is the chaining of prisoners into squatting or fetal positions. Miller’s arrival also heralds, according to the three Britons, the start of sexual humiliation, “loud music playing in interrogation, shaving beards and hair,… taking away people’s ‘comfort’ items, the introduction of levels, moving some people every two hours depriving them of sleep, [and] the use of A/C air.” Also, isolation periods are stepped up considerably. “Before, when people would be put into blocks for isolation, they would seem to stay for not more than a month. After he came, people would be kept there for months and months and months,” the three allege. “Isolation was always there.” Additionally, the occasional call for prayers is ended under Miller. [Rasul, Iqbal, and Ahmed, 7/26/2004 ]
Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]
Wahab al-Rawi. [Source: Public domain]Bisher al-Rawi and Jamil al-Banna, both long-time British residents, and Abdullah El-Janoudi, a British citizen, fly from London to Gambia. They are planning to help al-Rawi’s brother, Wahab al-Rawi, set up a mobile peanut oil processing company. But before they left, they were detained for several days by police. Meanwhile, the British intelligence agency MI5 sent the CIA false information about them, for instance alleging that al-Rawi was traveling with a timing device for a bomb, even though MI5 had already inspected it and determined it was simply a battery charger (see November 1-7, 2002). MI5 asks the CIA to detain and question them when they arrive in Gambia. Wahab al-Rawi is already in Gambia, and when he and a friend arrive to greet the three men, all five of them are detained by Gambian agents. [Washington Post, 4/2/2006; Observer, 7/29/2007] But the men are moved to hidden locations and safe houses around the capital. Technically, they are held by the NIA, the Gambian intelligence agency, but CIA agents act as if they are in charge. They are intensively interrogated for many days, and one American using the alias Lee leads the questioning. Al-Rawi and al-Banna had recently worked as informants for MI5, helping them communicate with the radical imam Abu Qatada, who was said to be in hiding but was really an MI5 informant himself (see Late September 2001-Summer 2002 and Summer-Early November 2002). However, MI5 has given the CIA the impression that they were not informants but were plotting with Qatada. Al-Rawi will later say, “From the beginning, the questions made it plain that the Americans had been given the contents of my own MI5 file, which was supposed to be confidential. Lee even told me the British were giving him information. I had agreed to help MI5 because I wanted to prevent terrorism, and now the information I had freely given them was being used against me in an attempt to prove that I myself was some kind of terrorist.” [Observer, 7/29/2007] When Wahab refuses to cooperate and asks either for a lawyer or a representative from the British high commission, the Gambian agents laugh and tell him it was the British who ordered the arrests. [Guardian, 7/11/2003] According to Amnesty International, one of them is warned that if he does not cooperate he will be turned over to the Gambian police who will “beat and rape him.” [Amnesty International, 8/19/2003] The Washington Post will later report, “The primary purpose of this elaborate operation, documents and interviews suggest, was not to neutralize a pair of potential terrorists—authorities have offered no evidence that they were planning attacks—but to turn them into informers.” Al-Rawi’s lawyer will later speculate, “Either it was an attempt to put these guys at risk and to use them to find evidence that would implicate Abu Qatada, or it was an attempt to bring them within the closer control of MI5.” Just a day before leaving Britain, MI5 agents asked al-Banna to become a full-time informant and he had turned them down (see October 31, 2002). After about a month, all but Bisher al-Rawi and al-Banna are freed and allowed to return to Britain. The two of them, however, are flown to the US prison in Bagram, Afghanistan, where harsher interrogation methods can be used on them. [Washington Post, 4/2/2006] Before they leave Gambia, one of their US interrogators tells al-Rawi that they now realize the two of them were MI5 informants, but they will be sent to Bagram anyway. “He told me: ‘We know you were working for MI5’, and said if I told the truth I would get out.” [Observer, 7/29/2007]
The CIA transfers detained al-Qaeda leader Abd al-Rahim al-Nashiri from the agency black site in Afghanistan known as the Salt Pit to another CIA prison in Thailand. [Associated Press, 9/7/2010]
Shortly after his arrest in the United Arab Emirates in early October 2002 (see Early October 2002), al-Qaeda leader Abd al-Rahim al-Nashiri is taken to an unknown location and tortured. He is waterboarded, which is a technique simulating drowning that is widely regarded as torture. He is only one of about three high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [Associated Press, 12/11/2007] Much will later be written about the torture and interrogation of other top al-Qaeda leaders such as Abu Zubaida, but next to nothing is publicly known about what happens to al-Nashiri in the months after his arrest. However, in late 2007 it will be reported that at least some of his interrogations were videotaped by the CIA (see Spring-Late 2002) and his waterboarding was videotaped. [Washington Post, 12/18/2007] But these videotapes will later be destroyed in controversial circumstances (see November 2005). The waterboarding likely takes place in Thailand, because the videotape of al-Nashiri’s torture will be destroyed there in 2005 (see November 2005). [Newsweek, 6/28/2008]
An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 ] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]
After learning that detainee Gul Rahman has died at the CIA’s Salt Pit black site in Afghanistan (see November 20, 2002), the agency’s headquarters sends a team to investigate what has happened. [Associated Press, 3/28/2010] The team is dispatched by the CIA’s Deputy Director for Operations, Jim Pavitt. [Central Intelligence Agency, 5/7/2004, pp. 1 ] According to a CIA official, “The guidance [from headquarters] was for the people on scene to preserve everything as it was.” After the death, a medic at the site found that Rahman had died of hypothermia, and this is later confirmed by another doctor. Presumably, this later doctor is part of the team sent out now. [Associated Press, 3/28/2010; Harper's, 3/28/2010]
The CIA’s Deputy Director for Operations, James Pavitt, informs the agency’s inspector general, John Helgerson, that the CIA Counterterrorist Center has established a program to detain and interrogate terrorists at foreign sites. At the same time, Pavitt also informs Helgerson that he has just learned of an apparently controversial incident and sent a team to investigate it. It appears that the incident triggered the notification to the inspector general about the program. [Central Intelligence Agency, 5/7/2004, pp. 1 ] The incident is the killing of detainee Gul Rahman at the Salt Pit prison in Afghanistan (see After October 2001 and November 20, 2002). [Associated Press, 3/28/2010] The detention and interrogation program has been in operation since March at the latest, as high-value detainee Abu Zubaida was arrested and then taken to a CIA black site at that time (see March 28, 2002 and April - June 2002). However, it is unclear whether Helgerson was aware of the program prior to being informed by Pavitt.
CIA Assistant Deputy Director for Operations (ADDO) Stephen Kappes coaches a CIA officer in the field on what to write in a cable about the death of a detainee at the agency’s Salt Pit prison. The detainee, Gul Rahman, had been doused with water and left in the cold, later being found dead (see November 20, 2002). Reporter Jeff Stein will say that Kappes coaches the “base chief” over the cable, so presumably this means the officer responsible for the prison. [Washingtonian, 3/25/2010] This officer’s full name is not known, but his last name is Zirbel. [Mahoney and Johnson, 10/9/2009 ] According to two officials who read a report by the CIA’s inspector general on the killing, Kappes coaches Zirbel on how to deal with the incident. “The ADDO’s direction to the field officer anticipated that something worse had occurred and so gave him directions on how to report the situation in his cable,” one of the officials will say. “The ADDO basically told the officer, ‘Don’t put something in the report that can’t be proved or that you are going to have trouble explaining.’ In essence, the officer was told: Be careful what you put in your cable because the investigators are coming out there and they will pick your cable apart, and any discrepancies will be difficult to explain.” As a result, the official will say, Zirbel’s cable is “minimalist in its reporting” on what happened to Rahman. “It seems to me the ADDO should have been telling him, ‘Report the truth, don’t hold anything back, there’s an investigative team coming out, be honest and forthright. But that was not the message that was given to the chief of base by the ADDO.” CIA spokesman Paul Gimigliano will later deny this, calling this account “pathetic,” but will not say exactly what is wrong with it. [Washingtonian, 3/25/2010]
The CIA’s office of the inspector general begins an investigation of the killing of detainee Gul Rahman at the agency’s Salt Pit black site in Afghanistan (see November 20, 2002). The investigation begins after the agency’s inspector general, John Helgerson, is notified of the incident by management (see Shortly After November 20, 2002). It is unclear whether the inspector general issues a separate report on this incident or whether his office’s conclusions about it are contained in a general report on the effectiveness of the CIA’s detention and interrogation program (see May 7, 2004). Whatever the case, the inspector general’s conclusions focus on two agency officials, an officer named Matthew Zirbel, who caused Rahman’s death, and his boss, the CIA’s station chief in Afghanistan, known only as Paul P. The investigation finds that Zirbel displayed poor judgement in leaving Rahman to die, but that he made repeated requests for guidance that were largely ignored. [Associated Press, 3/28/2010]
The new commander at the Guantanamo detention facility, General Geoffrey Miller, receives a “voco”—a vocal command—to begin aggressively interrogating suspected “20th hijacker” Mohamed al-Khatani (see August 8, 2002-January 15, 2003). This is well before Defense Secretary Donald Rumsfeld gives written authorization for these techniques to be used (see November 27, 2002 and December 2, 2002), but after the request had been submitted for approval (see October 11, 2002). Considering Miller’s rank, it seems unlikely that anyone lower in the chain of command than Rumsfeld would have issued the order, and Rumsfeld is unlikely to make such a “voco” without the support of Pentagon general counsel William J. Haynes. The interrogation log of al-Khatani for November 23 indicates the immediate effect of the “voco”: “The detainee arrives at the interrogation booth. His hood is removed and he is bolted to the floor.” [Vanity Fair, 5/2008]
According to an FBI transcript of an interrogation session, a Guantanamo detainee tells his interrogator that over the weekend he has been informed by guards that there would be “four basic classes of detainees with regard to privilege/discipline issues.” All rewards and punishments would be based on detainees’ behavior and their level of cooperation with investigators, the detainee is apparently told. Rewards that might be given to detainees include cold water and the ability to store food in their cells. Serious violators of camp regulations would be relegated to isolation units. [Federal Bureau of Investigation, 11/25/2002 ] Gen. Geoffrey D. Miller is generally credited with introducing this system of rewards and punishments. [Washington Post, 5/16/2004]
James T. Hill. [Source: Defense Department]Department of Defense General Counsel William J. Haynes sends Defense Secretary Donald Rumsfeld an “action memo” to approve a set of interrogation tactics for use. The techniques are to be used at the discretion of General James T. Hill, commander of the US Southern Command, and are those previously classified in Categories I and II, and the “mild, non-injurious contact” techniques from Category III that were suggested by the Guantanamo legal staff (see October 25, 2002). The mildest techniques, Category I, can be used by interrogators at will and include yelling and mild forms of deception. Category II techniques are to be approved by an “interrogator group director,” and include the use of stress positions for up to four hours; use of falsified documents; isolation of a detainee for up to thirty days; sensory deprivation and hooding; twenty-hour interrogations; removal of hygiene and religious items; enforced removal of clothing (stripping); forced grooming, including the shaving of beards; and playing on detainees’ phobias, such as a fear of dogs, to induce stress and break resistance. With regard to the remaining harsh techniques in Category III—physical contact, death threats, and use of wet towels (waterboarding)—Haynes writes that they “may be legally available [but] as a matter of policy, a blanket approval… is not warranted at this time.” Haynes mentions having discussed the matter with “the deputy, Doug Feith and General Myers,” who, he believes, join him in the recommendation. He adds, “Our armed forces are trained to a standard of interrogation that reflects a tradition of restraint.” [Human Rights Watch, 8/19/2004] Rumsfeld will sign the so-called “Haynes Memo” (see December 2, 2002), and add the following handwritten comment: “I stand for 8-10 hours a day. Why is standing limited to 4 hours?” [Vanity Fair, 5/2008]
The Pentagon informs the FBI that it will again take over interrogations of Guantanamo detainee Mohamed al-Khatani, believing that the use of aggressive techniques, which are about to be authorized by Defense Secretary Donald Rumsfeld (see November 27, 2002), will be more successful. [New York Times, 6/21/2004] However, the first tactic used against al-Khatani is a subtle one. According to the detention logs of al-Khatani, or “Detainee 063,” his interrogators suggest that he has been spared by Allah to reveal the true meaning of the Koran and to help bring down Osama bin Laden. During a routine medical check, a sergeant whispers to al-Khatani: “What is God telling you right now? Your 19 friends died in a fireball and you weren’t with them. Was that God’s choice? Is it God’s will that you stay alive to tell us about his message?” Al-Khatani reacts violently to the exhortation, throwing his head back and butting the sergeant in the eye. Two MPs wrestle him to the ground, and as al-Khatani thrashes and tries to spit on the sergeant, he crouches down next to the prisoner and says: “Go ahead and spit on me. It won’t change anything. You’re still here. I’m still talking to you and you won’t leave until you’ve given God’s message.” [Time, 6/12/2005]
The CIA has been interrogating two British residents, Bisher Al-Rawi and Jamil al-Banna, in Gambia after the British intelligence agency MI5 falsely told the CIA the two of them were dangerous radical militants. In fact, they were informants working for MI5, and MI5 appears to have used pressure from the CIA as a means to try to get them to resume being informants. But after being interrogated for about a month, they are still unwilling to cooperate. The CIA informs MI5 that the two men will soon be renditioned to Bagram, Afghanistan, to undergo more interrogation. This rendition breaches international law, since the two of them have not been charged with any crime. But MI5 does nothing to help them. [Observer, 7/29/2007] It sends a telegram to the CIA, stating, “[T]his is to confirm that in relation to the Islamists currently in detention in the Gambia, [Britain] would not seek to extend consular protection to non-British nationals.” MI5 also does not inform the rest of the British government about what is happening to the two men. [Channel 4 News (London), 7/30/2007] In Bagram, they will face further pressure to resume their informant work (see December 8, 2002-March 2003).
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