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After being transferred from Afghanistan to Poland (see March 7 - Mid-April, 2003), alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) is repeatedly waterboarded by the CIA, a technique simulating drowning that international law classifies as torture. He is only one of about four high-ranking detainees waterboarded, according to media reports (see May 2002-2003). [New Yorker, 8/6/2007; MSNBC, 9/13/2007; New York Review of Books, 3/15/2009] He will recall: “I would be strapped to a special bed, which could be rotated into a vertical position. A cloth would be placed over my face. Cold water from a bottle that had been kept in a fridge was then poured onto the cloth by one of the guards so that I could not breathe.… The cloth was then removed and the bed was put into a vertical position. The whole process was then repeated during about one hour. Injuries to my ankles and wrists also occurred during the waterboarding as I struggled in the panic of not being able to breathe. Female interrogators were also present… and a doctor was always present, standing out of sight behind the head of [the] bed, but I saw him when he came to fix a clip to my finger which was connected to a machine. I think it was to measure my pulse and oxygen content in my blood. So they could take me to [the] breaking point.” [New York Review of Books, 3/15/2009] Accounts about the use of waterboarding on KSM differ. He says he is waterboarded five times. [New York Review of Books, 3/15/2009] However, contradictory reports will later appear:
NBC News will claim that, according to multiple unnamed officials, KSM underwent at least two sessions of waterboarding and other extreme measures before talking. One former senior intelligence official will say, “KSM required, shall we say, re-dipping.” [MSNBC, 9/13/2007]
In 2005, former and current intelligence officers and supervisors will tell ABC News that KSM “won the admiration of interrogators when he was able to last between two and two-and-a-half minutes before begging to confess.” [ABC News, 11/18/2005] In 2007, a former CIA official familiar with KSM’s case will tell ABC News a sligntly different version of events: “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke, it never had to be used again.” A senior CIA official will claim that KSM later admitted he only confessed because of the waterboarding. [ABC News, 9/14/2007] In November 2005, John Sifton of Human Rights Watch will say of waterboarding, “The person believes they are being killed, and as such, it really amounts to a mock execution, which is illegal under international law.” [ABC News, 11/18/2005]
The New York Times will claim that “KSM was subjected to intense and repeated torture techniques that, at the time, were specifically designated as illegal under US law.” Some claim that KSM gives useful information. “However, many of the officials interviewed say KSM provided a raft of false and exaggerated statements that did not bear close scrutiny—the usual result, experts say, of torture.” CIA officials stopped the “extreme interrogation” sessions after about two weeks, worrying that they might have exceeded their legal bounds. Apparently pressure to stop comes from Jack Goldsmith, head of the Justice Department’s Office of Legal Counsel, who is troubled about updates from KSM’s interrogations and raises legal questions. He is angrily opposed by the White House, particularly David Addington, a top aide to Vice President Dick Cheney. [New York Times, 10/4/2007]
The New Yorker will report that officials who have seen a classified Red Cross report say that KSM claims he was waterboarded five times. Further, he says he was waterboarded even after he started cooperating. But two former CIA officers will insist that he was waterboarded only once. One of them says that KSM “didn’t resist. He sang right away. He cracked real quick. A lot of them want to talk. Their egos are unimaginable. KSM was just a little doughboy.” [New Yorker, 8/6/2007]
A different ABC News account will claim that KSM was al-Qaeda’s toughest prisoner. CIA officers who subject themselves to waterboarding last only about 14 seconds, but KSM was able to last over two minutes. [ABC News, 11/18/2005]
In 2009, evidence will surface that indicates KSM was waterboarded up to 183 times (see April 16, 2009 and April 18, 2009).
CIA manager Alfreda Frances Bikowsky takes an unauthorized trip to see alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) being waterboarded in Poland (see After March 7, 2003). Based on information from “two well-informed agency sources,” author Jane Mayer will write that Bikowsky is “so excited” by KSM’s capture that she flies “at government expense to the black site where Mohammed was held so that she could personally watch him being waterboarded.” However, according to Mayer, she is not an interrogator and has “no legitimate reason to be present during Mohammed’s interrogation.” A former colleague will say she went because, “She thought it would be cool to be in the room.” Her presence during KSM’s torture seems “to anger and strengthen his resolve, helping him to hold out longer against the harsh tactics used against him.” Bikowsky will later be reprimanded for this, and, in Mayer’s words, “superiors at the CIA scold […] her for treating the painful interrogation as a show.” A former colleague will say: “She got in some trouble. They told her, ‘It’s not supposed to be entertainment.’” [Mayer, 2008, pp. 273] Bikowsky may be interviewed by the CIA inspector general’s probe into torture (see July 16, 2003) and will later be considered for the position of deputy station chief in Baghdad (see (March 23, 2007)).
A New York Times article reports that the US government is rendering suspects abroad (see 1993) and that “stress and duress” techniques are being used at the secret CIA interrogation center located in a hangar at Bagram Air Base in Afghanistan (see October 2001). “Intelligence officials… acknowledged that some suspects had been turned over to security services in countries known to employ torture. There have been isolated, if persistent, reports of beatings in some American-operated centers,” the article claims. [New York Times, 3/9/2003; Human Rights Watch, 5/7/2004]
The Court of Appeals for the District of Columbia affirms the government’s position that the jurisdiction of federal courts does not extend to Guantanamo Bay, and thus, that the Guantanamo detainees have no legal redress in federal courts. Guantanamo is in sovereign Cuban territory, the court argues, and therefore the 1950 Eisentrager case applies, according to which US courts have no jurisdiction to issue writs of habeas corpus for aliens held by the US military outside US sovereign territory. [Khaled A. F. Al Odah, et al. v. United States of America, et al., 3/11/2003 ]
When an Associated Press reporter asks the US military to comment on the accounts of two former Afghan detainees (see December 10, 2002)
(see November 30-December 3, 2002), spokesman Roger King claims their accounts are mostly untrue. “Some of the stuff they are saying sounds like partial truths, some of it’s completely bogus,” he says. “They were stripped naked probably to prevent them from sneaking weapons into the facility. That’s why someone may be stripped…. We do force people to stand for an extended period of time…. Disruption of sleep has been reported as an effective way of reducing people’s inhibition about talking or their resistance to questioning….They are not allowed to speak to one another. If they do, they can plan together or rely on the comfort of one another. If they’re caught speaking out of turn, they can be forced to do things—like stand for a period of time—as payment for speaking out.” [Associated Press, 3/14/2003; Amnesty International, 8/19/2003]
The Justice Department sends a legal memorandum to the Pentagon that claims federal laws prohibiting torture, assault, maiming, and other crimes do not apply to military interrogators questioning al-Qaeda captives because the president’s authority as commander in chief overrides the law. The 81-page memo, written by the Office of Legal Counsel’s John Yoo, is not publicly revealed for over five years (see April 1, 2008).
President Can Order Maiming, Disfigurement of Prisoners - Yoo writes that infractions such as slapping, shoving, and poking detainees do not warrant criminal liability. Yoo goes even farther, saying that the use of mind-altering drugs can be used on detainees as long as they do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.” [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008] Yoo asks if the president can order a prisoner’s eyes poked out, or if the president could order “scalding water, corrosive acid or caustic substance” thrown on a prisoner. Can the president have a prisoner disfigured by slitting an ear or nose? Can the president order a prisoner’s tongue torn out or a limb permanently disabled? All of these assaults are noted in a US law prohibiting maiming. Yoo decides that no such restrictions exist for the president in a time of war; that law does not apply if the president deems it inapplicable. The memo contains numerous other discussions of various harsh and tortuous techniques, all parsed in dry legal terms. Those tactics are all permissible, Yoo writes, unless they result in “death, organ failure, or serious impairment of bodily functions.” Some of the techniques are proscribed by the Geneva Conventions, but Yoo writes that Geneva does not apply to detainees captured and accused of terrorism. [Washington Post, 4/6/2008]
'National Self-Defense' - Yoo asserts that the president’s powers as commander in chief supersede almost all other laws, even Constitutional provisions. “If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al-Qaeda terrorist network,” Yoo writes. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.… Even if an interrogation method arguably were to violate a criminal statute, the Justice Department could not bring a prosecution because the statute would be unconstitutional as applied in this context.” Interrogators who harmed a prisoner are protected by a “national and international version of the right to self-defense.” He notes that for conduct during interrogations to be illegal, that conduct must “shock the conscience,” an ill-defined rationale that will be used by Bush officials for years to justify the use of waterboarding and other extreme interrogation methods. Yoo writes, “Whether conduct is conscience-shocking turns in part on whether it is without any justification,” explaining that that it would have to be inspired by malice or sadism before it could be prosecuted.
Memo Buttresses Administration's Justifications of Torture - The Justice Department will tell the Defense Department not to use the memo nine months later (see December 2003-June 2004), but Yoo’s reasoning will be used to provide a legal foundation for the Defense Department’s use of aggressive and potentially illegal interrogation tactics. The Yoo memo is a follow-up and expansion to a similar, though more narrow, August 2002 memo also written by Yoo (see August 1, 2002). Defense Secretary Donald Rumsfeld will suspend a list of aggressive interrogation techniques he had approved, in part because of Yoo’s memo, after an internal revolt by Justice Department and military lawyers (see February 6, 2003, Late 2003-2005 and December 2003-June 2004). However, in April 2003, a Pentagon working group will use Yoo’s memo to endorse the continued use of extreme tactics. [John C. Yoo, 3/14/2003 ; Washington Post, 4/2/2008; New York Times, 4/2/2008]
Justice Department Claims Attorney General Knows Nothing of Memo - Yoo sends the memo to the Pentagon without the knowledge of Attorney General John Ashcroft or Ashcroft’s deputy, Larry Thompson, senior department officials will say in 2008. [Washington Post, 4/4/2008]
Entity Tags: US Department of Justice, John C. Yoo, Larry D. Thompson, Al-Qaeda, Office of Legal Counsel (DOJ), Donald Rumsfeld, John Ashcroft, Geneva Conventions, US Department of Defense
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
A Moroccan named Yassir al-Jazeeri is captured in Lahore, Pakistan, by Pakistani police and the FBI. Al-Jazeeri is not on any wanted list and there is virtually no known public information about him before his arrest, but a Pakistani official will call him one of the seven top leaders of al-Qaeda. He is said to be linked to Khalid Shaikh Mohammed in some way, who was arrested in Pakistan not long before (see February 29 or March 1, 2003). He is soon transferred into US custody. Witnesses see him at a CIA operated portion of the Bagram prison in Afghanistan in late 2003 through early 2004. One fellow detainee will later claim that al-Jazeeri told him he had been tortured and permanently injured, and forced to listen to loud music for four months straight. In 2007, Human Rights Watch will list him as a likely “ghost detainee” still being held by the US (see June 7, 2007). [Human Rights Watch, 6/7/2007]
Jamal Naseer, an 18-year old newly recruited Afghan soldier, dies in US custody, apparently as a result of beating and torture. Naseer dies after several days in detention at a US Special Forces “firebase,” a small, outlying military base set up to support advancing troops, at Gardez, Afghanistan. [CBS News, 9/21/2004] Naseer and seven other detainees were taken into custody about a week before by Special Forces troops attempting to secure the area from the depredations of a local warlord, Pacha (or Bacha) Khan. Naseer’s brother Ahmad insists that he, his brother, and the other detainees are allies of the Americans, and never participated in Taliban- or al-Qaeda-led attacks against American forces. [Los Angeles Times, 9/25/2006] It is unclear why the men were detained in the first place, but Los Angeles Times reporters Craig Pyes and Mark Mazzetti report that according to an Afghan intelligence report. “the action was requested by a provincial governor feuding with local military commanders.” [Los Angeles Times, 9/21/2004] Naseer’s death will be officially recorded as resulting from “natural causes,” but fellow detainees will say that Naseer’s death was caused by abuse suffered at the hands of US Army Special Forces soldiers near Gardez. Ahmad Naseer will later describe how he and his brother were beaten and abused while in custody, subjected to electric shocks, immersed in cold water, forced to assume stress positions, thrashed with cables, suffered the forcible tearing off of their toenails, and made to lie for hours in the snow. The last time he spoke with his brother, he says Jamal was “moaning about the pain in his kidneys and back” from being repeatedly beaten. [Los Angeles Times, 9/25/2006] Jamal died shortly thereafter while being helped outside to relieve himself by two Afghan kitchen workers. [Los Angeles Times, 9/21/2004] After Naseer’s death, the unit holds a meeting to discuss the incident. The team is told that Naseer died of a sex-related infection that shut down his kidneys. According to one soldier in the meeting, the point of discussion is “to make sure everybody’s on the same sheet of paper—this is what happened to the man”—in case there’s ever an investigation. Captain Craig Mallak, medical examiner for the US armed forces, says that Naseer’s death is never reported to his office (any death of a detainee is required to be reported unless the detainee is determined to have died of natural causes). Naseer’s body is transferred to a civilian hospital where no autopsy is performed. One hospital worker who prepares the body for burial will later tell the Times that Naseer’s body was “completely black” from bruising and injuries, and was “completely swollen, as were his palms, and the soles of his feet were swollen double in size.” [Los Angeles Times, 9/25/2006] Asked about such injuries, Dr. Michael Baden, a prominent forensic pathologist who works for the New York State Police, says the descriptions are inconsistent with death by organ failure. “You can’t confuse those. It sounds very much like blunt trauma.” A local physician who examined the survivors later confirmed that all of the men were suffering from similar trauma, with extensive bruising and seeping, and unbandaged wounds. [Los Angeles Times, 9/25/2006] Eventually, Ahmad Naseer and his comrades are secretly transferred to a civilian prison in Kabul, still without any formal charges. Afghan military prosecutors immediately launch an investigation into their unexplained detention. That inquiry eventually produces a 117-page report asserting that the detainees had been tortured and that there is a “strong probability” that one of the men had been “murdered.” The report speculates that the prolonged imprisonment was intended to give the detainees’ wounds time to heal. Fifty-eight days later, all of the prisoners are released; no charges are ever filed. [Los Angeles Times, 9/25/2006]
Bisher al-Rawi. [Source: Craig Hibbert]In February 2003, British residents Bisher al-Rawi and Jamil al-Banna are transferred from Bagram in Afghanistan to the Guantanamo prison. They spend their first month in isolation. Al-Rawi’s head and beard are shaved off as has allegedly already happened to al-Banna during his detention at Bagram. Al-Banna is put in a cell next to detainee Asif Iqbal. “[S]oon after,” Iqbal will later recall, al-Banna “began to deteriorate.” At Guantanamo, according to Iqbal, “al-Banna was in constant pain from his joints because he suffered from rheumatism and he was diabetic.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Al-Rawi and al-Banna had served as informants for the British intelligence agency MI5, helping MI5 communicate with radical imam Abu Qatada, who also was an MI5 informant (see Late September 2001-Summer 2002 and Summer-Early November 2002). First in Gambia and then in Bagram, they were pressured to resume being informants, but they refused (see November 8, 2002-December 7, 2002 and December 8, 2002-March 2003). After about six months in Guantanamo, an MI5 officer visits al-Rawi and again asks him if he wants to resume being an informer. Later, one of his previous MI5 handlers comes to visit him. He will recall: “I suppose he was nice enough. He asked if I wanted anything. I asked for a book on base jumping. He never came back, and I never got the book.” Eventually, two other previous handlers visit him and try to recruit him yet again. “They said, “You know, Bisher, if you agree to work for us when you get back to Britain, we’ll get you out.” They promised to return, but never did.” When al-Rawi faces a tribunal in September 2004 to determine if his detention is justified, he asks for his previous MI5 handlers to corroborate that he had been an informant. The British government refuses to help in any way, and the tribunal decides that he should continue to be imprisoned. The two of them grow increasingly bored and depressed, and face harsh conditions. For instance, after three detainees commit suicide in June 2006, the jailers retaliate by keeping the air conditioning turned to maximum for months. “We were freezing the whole time. Other times they made it scorching hot,” al-Rawi says. Al-Banna is not even allowed to phone his sick mother just before she dies. [Washington Post, 4/2/2006; Observer, 7/29/2007] Al-Rawi will finally be freed and flown back to Britain on April 3, 2007. Al-Banna will be freed and returned to Britain on November 18, 2007.
The United States admits to using Mark 77 firebombs, an incendiary weapon that has virtually the same effect as napalm (see 1942), in Iraq. The weapon is so similar in fact that troops commonly refer to it as napalm. [CNN, 3/21/2003; Sydney Morning Herald, 3/22/2003] In August 2003, Marine Colonel Mark Daly will confirm that Mark 77 bombs were dropped by Marine jets around the Kuwait-Iraq border at the start of the war. A senior Pentagon official confirms that the bombs have “similar destructive characteristics” to napalm. Early reports of “napalm” being used in an attack on Iraqi troops at Safwan Hill, near the Kuwait border, by an Australian journalist were denied by US officials, who claimed that the military destroyed its last batch of napalm in April 2001. However, only the Vietnam-era Napalm-B was actually destroyed. [Sunday Mirror, 8/10/2003] According to Marine Colonel Randolph Alles, “The generals love napalm—it has a big psychological effect.” [San Diego Union-Tribune, 8/5/2003] A Pentagon official says: “It is like this: you’ve got an enemy that’s hard to get at. And it will save your own lives to use it.” The Mark 77 is loaded with 44 pounds of gelling compound and 63 gallons of jet fuel. The use of incendiary weapons on civilian populations is banned by Protocol III of the Convention on Certain Conventional Weapons (see October 10, 1980-December 2, 1983), which also restricts the use of these weapons against military targets that are located within a concentration of civilians. The UN’s ban, passed in 1980, has never been signed by the US. [Sunday Mirror, 8/10/2003]
Saudi detainee Ahmed Muhammad al-Darbi is transferred from Bagram, Afghanistan (see August 2002), to Guantanamo. According to a statement he will later make (see July 1, 2009), he is abused at Guantanamo. The abuse includes:
US personnel disrespecting the Koran by throwing it to the ground; and
Not being allowed to go to the bathroom during interrogations.
Al-Darbi is mostly questioned by the FBI, including an agent he knows as “Tom” and who questioned him at Bagram. Tom allegedly tells al-Darbi that “if I did not stick with my Bagram confessions, I would not ‘escape Bagram.’” If he does not cooperate he is allegedly to be sentenced to death and executed, or tortured, raped, and sexually abused at Guantanamo, or sent back to Bagram or to other countries. Al-Darbi will later claim, “The interrogators at Bagram and Guantanamo fed me particular details in my statements and forced me to identify individuals based on photographs or to ascribe to those individuals certain conduct.” However, he apparently never signs a written statement and will say that he makes “numerous false statements” under questioning. [al-Darbi, 7/1/2009]
Briton Martin Mubanga, a Guantanamo detainee since April 20, 2002 (see Spring 2002), writes coded letters from his cell to his relatives. He says US guards at the base have threatened him with sexual assault and physical violence. He also reports that US soldiers attempt to “shame” Muslim prisoners by offering them prostitutes. [Independent, 8/8/2004]
Aafia Siddiqui. [Source: FBI]Alleged al-Qaeda member Aafia Siddiqui vanishes in Karachi, Pakistan, with her three children. Although she and her family are Pakistani, she had been a long-time US resident until late 2002, and had even graduated with a biology degree from the Massachusetts Institute of Technology (MIT). The day after her disappearance, local newspapers will report that an unnamed woman has been taken into custody on terrorism charges, which is unusual since nearly all terrorism suspects have been men. A Pakistan interior ministry spokesman confirms that Siddiqui is the woman who has been arrested. But several days later, both the Pakistan government and the FBI publicly deny that she is being held. Later in 2003, her mother will claim that two days after her disappearance, “a man wearing a motor-bike helmet” arrives at the Siddiqui home in Karachi, and without taking off his helmet, says that she should keep quiet if she ever wants to see her daughter and grandchildren again. Beginning with a Newsweek article in June 2003, Siddiqui and her husband will be accused of having helped al-Qaeda as possible US sleeper agents. Siddiqui’s sister will claim that in 2004 she is told by Pakistan’s interior minister that Siddiqui has been released and will return home shortly. Also in 2004, FBI Director Robert Mueller will announce at a press conference that Siddiqui is wanted for questioning. Siddiqui divorced her long-time husband in 2002. The BBC will later report that, shortly before her disappearance, she married Ali Abdul Aziz Ali, a nephew of 9/11 mastermind Khalid Shaikh Mohammed, and alleged participant in the 9/11 plot. “Although her family denies this, the BBC has been able to confirm it from security sources and Khalid Shaikh Mohammed’s family.” In July 2008, she will reappear in mysterious circumstances in Afghanistan, and then be transferred to the US to stand trial for murder (see July 17, 2008). Allegations continue that she was secretly held by the US or Pakistan some or all of the five years between 2003 and 2008. Her three children will not be seen following their disappearance. [BBC, 8/6/2008]
An Iraqi prisoner of war is beaten while being interrogated by members of the Naval Special Warfare Team at the LSA Diamondback facility in Mosul, Iraq. He is later found dead in his sleep. The death report will conclude that the man died from “blunt-force trauma to the torso and positional asphyxia.” [Denver Post, 5/18/2004]
The Justice Department advises in a set of legal memorandums that if “government officials… are contemplating procedures that may put them in violation of American statutes that prohibit torture, degrading treatment or the Geneva Conventions, they will not be responsible if it can be argued that the detainees are formally in the custody of another country.” That is because, according to one official, “It would be the responsibility of the other country.” The memos seem to suggest that top government officials may be concerned that they are in violation of international laws. One administration figure involved in discussions about the memos tells the New York Times in May 2004: “The criminal statutes only apply to American officials. The question is how involved are the American officials.” [New York Times, 5/13/2004]
Greg Ford. [Source: Salon]At an Iraqi police station in Samarra, a town north of Baghdad, Sgt. Greg Ford witnesses soldiers repeatedly abuse detainees during interrogations. Ford, a soldier from the California National Guard, is part of a four-member team of the 223rd Military Intelligence Battalion. He sees his three fellow team members threaten prisoners with guns, stick lit cigarettes in their ears, and strangle them until they collapse. At one point he witnesses his team leader point a pistol at a detainee’s head. On another occasion, he sees one of the soldiers stand on the back of the neck of a handcuffed detainee and pull his arms until they pop out of their sockets. Sgt. Ford later recalls trying to prevent the abuse. “I had to intervene because they couldn’t keep their hands off of them. You weren’t supposed to stand on their neck or put lit cigarettes in their ears. Twice I had to pull burning cigarettes out of detainees’ ears.” In June, according to Ford, he reports the incidents to his commanding officers, but they dismiss his complaints. “Immediately, within the same conversation, the command said, ‘Nope, you’re delusional, you’re crazy, it never happened.’ They gave me 30 seconds to withdraw my request for an investigation.” But, he adds, “I stood my ground.” He is then ordered to see combat stress counselors, who send him out of Iraq. The Commander of the 223rd Military Intelligence Battalion, Lt. Col. Drew Ryan, later says, “All the allegations were found to be untrue, totally unfounded and in a number of cases completely fabricated.” [Associated Press, 6/9/2004] However, a report obtained by the New York Times details allegations of prisoner abuse in Samarra in the spring of 2003 that resemble the account by Sgt. Ford. The report says military personnel “forced into asphyxiations numerous detainees in an attempt to obtain information” over a period of 10 weeks. It concerned an official US army overview of the deaths and alleged abuse of prisoners in Iraq and Afghanistan. [Guardian, 5/26/2004]
Captured suspected “insurgents” and other militants are brought to the ultra-secret Battlefield Interrogation Facilities (BIF) in Baghdad run by Delta Force. NBC will report that “it is the scene of the most egregious violations of the Geneva Conventions in all of Iraq’s prisons.” BIF is described as a “place where the normal rules of interrogation don’t apply.” Prisoners “are kept in tiny dark cells. And in the BIF’s six interrogation rooms, Delta Force soldiers routinely drug prisoners, hold a prisoner under water until he thinks he’s drowning, or smother them almost to suffocation.” Pentagon officials will deny that prisoners held at the facility are subjected to illegal interrogation tactics. [MSNBC, 5/20/2004; CNN, 5/21/2004 Sources: Two unnamed top US government sources]
Abdallah Khudhran al-Shamran, a Saudi Arabian national, is arrested and detained with six others of different nationalities in al-Rutba by US and allied Iraqi forces as he is traveling from Syria to Baghdad. The captives are relieved of their possessions and blindfolded. Their hands are bound behind their backs and they are forced to walk for three hours to an unknown location. Shamran is accused of being a terrorist and subjected to various means of torture, including beatings, electric shocks, “being suspended from his legs and having his penis tied,” and “sleep deprivation through constant loud music.” Four days after arriving at this site, he is again blindfolded and then moved to a camp hospital in Um Qasr for three days, where he is treated, interrogated, and released. But without his passport and money, he is forced to sleep on the streets until he finally decides to seek help from a British soldier eight days later. He is then detained a second time, taken to a military field hospital with two other detainees, and again interrogated and tortured. He later explains to two Amnesty International investigators: “He stuck the pen he was holding into my right shoulder. The scar is still fresh and visible…. They tied my hands behind my back and put me exposed in the sun from noon to early evening. Then they transferred me to a container and locked me in. The next morning they put me in the sun until about 10 a.m.” He is subsequently sent to a hospital where he receives treatment and is finally permitted to speak with representatives of the International Committee of the Red Cross to help him recover his passport. He is then interrogated by a British officer who accuses him of being a member of Saddam Hussein’s Fedayeen and threatens to execute him. [BBC, 3/16/2003; Associated Press, 3/16/2003; Observer, 3/17/2003; Inter Press Service, 5/16/2003; Amnesty International, 7/23/2003] This incident is described in a memorandum to the Coalition Provisional Authority on July 23 (see July 23, 2003).
In a letter to Human Rights Watch, Pentagon legal counsel William J. Haynes writes that “if the war on terrorists of global reach requires transfers of detained enemy combatants to other countries for continued detention on our behalf, US government instructions are to seek and obtain appropriate assurances that such enemy combatants are not tortured.” [Amnesty International, 8/19/2003] However, in December 2002, referring to objections raised about the use of unlawful interrogation methods by Egypt, one Bush government official was quoted in the Washington Post saying, “You can be sure that we are not spending a lot of time on that now.” [Washington Post, 12/26/2002]
The most cooperative detainees at Guantanamo are moved to Camp 4, a “medium-security” facility, where they are allowed to wear white uniforms, instead of the standard prison orange and enjoy more benefits. Cells in Camp 4 contain 10 prisoners each and the total camp has a capacity of about 160. [New York Times, 6/21/2004] Up to nine hours a day, according to military officials, detainees can spend outside their cells, playing soccer and watching “family oriented” films in their own language. In mid-June, according to these officers, half a dozen Camp 4 detainees are allowed to go to the beach. “Camp 4 is the place they aspire to get to,” Col. Nelson J. Cannon says. [Neil A. Lewis, 11/30/2004]
In a report, the Pentagon working group (see January 15, 2003) recommends the adoption of 35 interrogation techniques. Twenty-six of them are recommended for use in interrogations of all unlawful combatants held outside the US. The remaining nine are considered “exceptional” and recommended for use only on unlawful combatants suspected of holding “critical intelligence.” The advice is clearly not for the public eye. “Should information regarding the use of more aggressive interrogation techniques than have been used traditionally by US forces become public,” the panel warns in its report, “it is likely to be exaggerated or distorted in the US and international media accounts, and may produce an adverse effect on support for the war on terrorism.” [MSNBC, 6/23/2004]
Senator Rick Santorum (R-PA) makes a controversial statement concerning gay rights. He makes the statements in an interview with an Associated Press reporter on April 7; the interview will be published on April 20. Santorum, a fervent anti-gay activist, explains his opposition to gay rights, saying: “I have no problem with homosexuality. I have a problem with homosexual acts. As I would with acts of other, what I would consider to be, acts outside of traditional heterosexual relationships. And that includes a variety of different acts, not just homosexual. I have nothing, absolutely nothing against anyone who’s homosexual. If that’s their orientation, then I accept that. And I have no problem with someone who has other orientations. The question is, do you act upon those orientations? So it’s not the person, it’s the person’s actions. And you have to separate the person from their actions.” Asked if the law should ban homosexual acts, Santorum responds by criticizing a recent Supreme Court decision striking down a Texas anti-sodomy statute, saying: “We have laws in states, like the one at the Supreme Court right now, that has sodomy laws and they were there for a purpose. Because, again, I would argue, they undermine the basic tenets of our society and the family. And if the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything. Does that undermine the fabric of our society? I would argue yes, it does. It all comes from, I would argue, this right to privacy that doesn’t exist in my opinion in the United States Constitution, this right that was created, it was created in Griswold—Griswold was the contraceptive case—and abortion. [Santorum is referring to Griswold v. Connecticut, wherein the US Supreme Court threw out a Connecticut ban on contraception.] And now we’re just extending it out. And the further you extend it out, the more you—this freedom actually intervenes and affects the family. You say, ‘Well, it’s my individual freedom.’ Yes, but it destroys the basic unit of our society because it condones behavior that’s antithetical to strong healthy families. Whether it’s polygamy, whether it’s adultery, where it’s sodomy, all of those things, are antithetical to a healthy, stable, traditional family. Every society in the history of man has upheld the institution of marriage as a bond between a man and a woman. Why? Because society is based on one thing: that society is based on the future of the society. And that’s what? Children. Monogamous relationships. In every society, the definition of marriage has not ever to my knowledge included homosexuality. That’s not to pick on homosexuality. It’s not, you know, man on child, man on dog, or whatever the case may be. It is one thing.” The unidentified reporter interrupts Santorum by saying, “I’m sorry, I didn’t think I was going to talk about ‘man on dog’ with a United States senator, it’s sort of freaking me out.” Santorum defends his juxtaposition by saying: “And that’s sort of where we are in today’s world, unfortunately. The idea is that the state doesn’t have rights to limit individuals’ wants and passions. I disagree with that. I think we absolutely have rights because there are consequences to letting people live out whatever wants or passions they desire. And we’re seeing it in our society.” Santorum says that if elected president, he would let “the democratic process” decide on a state level whether to limit or remove the constitutional right to privacy. “If New York doesn’t want sodomy laws, if the people of New York want abortion, fine. I mean, I wouldn’t agree with it, but that’s their right. But I don’t agree with the Supreme Court coming in,” he says. [Associated Press, 4/23/2003; CNN, 4/23/2003] Santorum’s remarks will draw heavy criticism. The Associated Press reporter who interviews Santorum is later identified as Lara Jakes Jordan; the AP often does not identify reporters with a byline (see April 23, 2003 and After).
Defense Secretary Donald Rumsfeld signs a memo on interrogation methods approving 24 of the 35 techniques recommended by the Pentagon working group (see April 4, 2003) earlier in the month. The new set of guidelines, to be applied to prisoners at Guantanamo and Afghanistan, is a somewhat softer version of the initial interrogation policy that Rumsfeld approved in December 2002 (see December 2, 2002). [Roth and Malinowski, 5/3/2004; Washington Post, 5/11/2004; Age (Melbourne), 5/13/2004; Washington Post, 5/13/2004; Los Angeles Times, 5/22/2004; Newsweek, 5/24/2004; Wall Street Journal, 6/7/2004; MSNBC, 6/23/2004; Truthout (.org), 6/28/2004] Several of the techniques listed are ones that the US military trains Special Forces to prepare for in the event that they are captured by enemy forces (see December 2001 and July 2002). [New York Times, 5/13/2004]
Two Classes of Methods - The list is divided into two classes: tactics that are authorized for use on all prisoners and special “enhanced measures” that require the approval of Lieutenant General Ricardo Sanchez. The latter category of methods includes tactics that “could cause temporary physical or mental pain,” like “sensory deprivation,” “stress positions,” “dietary manipulation,” forced changes in sleep patterns, and isolated confinement. [Washington Post, 5/11/2004; Washington Post, 5/13/2004] Other techniques include “change of scenery down,” “dietary manipulation,” “environmental manipulation,” and “false flag.” The first 18 tactics listed all appear in the 1992 US Army Field Manual (FM) 34-52, with the exception of the so-called “Mutt-and-Jeff” approach, which is taken from an obsolete 1987 military field manual (1987 FM 34-52). [USA Today, 6/22/2004] The approved tactics can be used in conjunction with one another, essentially allowing interrogators to “pile on” one harsh technique after another. Categories such as “Fear Up Harsh” and “Pride and Ego Down” remain undefined, allowing interrogators to interpret them as they see fit. And Rumsfeld writes that any other tactic not already approved can be used if he gives permission. Author and reporter Charlie Savage will later write, “In other words, there were no binding laws and treaties anymore—the only limit was the judgment and goodwill of executive branch officials. ” [Savage, 2007, pp. 181] The use of forced nudity as a tactic is not included in the list. The working group rejected it because its members felt it might be considered inhumane treatment under international law. [Associated Press, 6/23/2004]
Result of Discussions among Pentagon Officials - The memo, marked for declassification in 2013 [Truthout (.org), 6/28/2004] , is the outcome, according to Deputy General Counsel Daniel Dell’Orto, of discussions between Rumsfeld, William J. Haynes, Douglas Feith, Paul Wolfowitz, and General Richard Myers. [Washington File, 6/23/2004] One US official explains: “There are very specific guidelines that are thoroughly vetted. Everyone is on board. It’s legal.” However in May 2004, it will be learned that there was in fact opposition to the new guidelines. Pentagon lawyers from the Army Judge Advocate General’s office had objected (see May 2003 and October 2003) and many officials quietly expressed concerns that they might have to answer for the policy at a later date (see (April 2003)). [Washington Post, 5/11/2004; Washington Post, 5/13/2004]
At Camp Bucca, a large detention camp at Umm Qasr near the Kuwaiti border (officially called the Bucca Theater Internment Facility), representatives from the International Committee of the Red Cross
(ICRC) witness a shooting incident resulting in the death of one prisoner and the wounding of another. [International Committee of the Red Cross, 2/2004]
The Pentagon rejects Amnesty International’s request to visit the US military base at Bagram, Afghanistan. The Defense Department declares that “access to detainees is provided to the International Committee of the Red Cross, and on a case-by-case basis to selected government officials.” In a letter, Marshall Billingslea, principal deputy to the assistant secretary of defense, writes that “in this war, as in every war, captured enemy combatants have no right to counsel or access to courts for the purpose of challenging their detention.” [Amnesty International, 8/19/2003]
Patrick Guerreiro, the head of the Log Cabin Republicans, whose organization objects to Rick Santorum’s rhetoric about homosexuals. [Source: Americans for Truth about Homosexuality (.com)]Recent remarks by Senator Rick Santorum (R-PA) alleging that granting rights to homosexuals would also grant Americans the right to commit incest, child rape, and bestiality (see April 7, 2003) draw heavy criticism from both pro-gay organizations and political opponents. Winnie Stachelberg of the gay advocacy organization Human Rights Campaign says: “Senator Santorum’s remarks are deeply hurtful and play on deep-seated fears that fly in the face of scientific evidence, common sense, and basic decency. Clearly, there is no compassion in his conservatism.” Stachelberg asks Republican Congressional leaders to repudiate Santorum’s remarks. The Democratic Senatorial Campaign Committee (DSCC) calls on Santorum to resign as chairman of the Republican Senate Caucus, the number three position in the GOP leadership; Santorum does not do so. The DSCC’s Brad Woodhouse says, “Senator Santorum’s remarks are divisive, hurtful, and reckless and are completely out of bounds for someone who is supposed to be a leader in the United States Senate.” Senate Minority Leader Tom Daschle (D-SD) says Santorum’s position is “out of step with our country’s respect for tolerance.” Senator John Kerry (D-MA), a Democratic presidential contender, criticizes the White House for not speaking out against Santorum’s statements, saying, “The White House speaks the rhetoric of compassionate conservatism, but they’re silent while their chief lieutenants make divisive and hurtful comments that have no place in our politics.” Democratic presidential contender Howard Dean (D-VT) joins in calls for Santorum to step down from the RSC post, saying: “Gay-bashing is not a legitimate public policy discussion; it is immoral. Rick Santorum’s failure to recognize that attacking people because of who they are is morally wrong makes him unfit for a leadership position in the United States Senate. Today, I call on Rick Santorum to resign from his post as Republican Conference chairman.” Patrick Guerriero of the Republican pro-gay group, the Log Cabin Republicans, says that Santorum should either apologize or step down from his post as RSC chair: “If you ask most Americans if they compare gay and lesbian Americans to polygamists and folks who are involved in incest and the other categories he used, I think there are very few folks in the mainstream who would articulate those views.” Santorum’s remarks make it difficult to characterize the GOP as inclusive, Guerriero adds. [CNN, 4/23/2003; CNN, 4/23/2003] Guerriero later tells a gay advocacy newspaper: “Log Cabin Republicans are entering a new chapter. We’re no longer thrilled simply about getting a meeting at the White House. We’re organized enough to demand full equality. I’ve heard that vibration since I’ve been in Washington—that people in the party are taking us for granted. To earn respect, we have to start demanding it.… One of the most disappointing things about this episode is that we’ve spent a lot of time with the senator trying to find common ground. This is how he repays us? There is a sad history of Republican leaders choosing to go down this path, and he should’ve known better.” Another, less prominent Republican pro-gay organization, the Republican Unity Coalition, denounces Santorum’s views but stands by his right to hold them. [The Advocate, 6/10/2003] Some Republican senators join in criticizing Santorum. Susan Collins (R-ME) says Santorum’s choice of words is “regrettable” and his legal analysis “wrong.” Olympia Snowe (R-ME) says, “Discrimination and bigotry have no place in our society, and I believe Senator Santorum’s remarks undermine Republican principles of inclusion and opportunity.” Lincoln Chafee (R-RI) says: “I thought his choice of comparisons was unfortunate and the premise that the right of privacy does not exist—just plain wrong. Senator Santorum’s views are not held by this Republican and many others in our party.” Gordon Smith (R-OR) says that “America and the Republican Party” no longer equate “sexual orientation with sexual criminality. While Rick Santorum intended to reiterate the language of an old Supreme Court decision, he did so in a way that was hurtful to the gay and lesbian community.” And John McCain (R-AZ) says: “I think that he may have been inartful in the way that he described it. I believe that—coming from a person who has made several serious gaffes in my career—that the best thing to do is to apologize if you’ve offended anyone. Because I’m sure that Rick did not intend to offend anyone. Apologize if you did and move on.” [Salon, 4/26/2003] The only openly gay member of the House of Representatives, Barney Frank (D-MA), says of Santorum: “The only surprise is he’s being honest about it. This kind of gay bashing is perfectly acceptable in the Republican Party.” Kim Gandy, president of the National Organization for Women (NOW), calls Santorum’s remarks “stunning” and adds: “Rick Santorum is afflicted with the same condition as Trent Lott—a small mind but a big mouth. [Gandy is referring to Lott’s forcible removal from his position as Senate majority leader in 2002 after making pro-segregation remarks.] He has refused to apologize and Republican leaders have either supported or ignored Santorum’s rants blaming societal ills on feminists, liberals, and particularly gays and lesbians. Far from being a compassionate conservative, Santorum’s lengthy and specific comments expose him as abusive, intolerant, and downright paranoid—a poor combination for a top Senate leader.” [People's World, 5/7/2003]
Santorum: AP Story 'Misleading' - Santorum says the Associated Press story reporting his remarks was “misleading,” and says he was speaking strictly about a recent Supreme Court case striking down a Texas anti-sodomy law. “I am a firm believer that all are equal under the Constitution,” he says. “My comments should not be construed in any way as a statement on individual lifestyles.” When questioned by a gay Pennsylvanian about his remarks, he says his words were “taken out of context.” (The questioner says to Santorum: “You attacked me for who I am.… How could you compare my sexuality and what I do in the privacy of my home to bigamy or incest?” Santorum denies being intolerant of homosexuality, but repeats his stance that if states were not allowed to regulate homosexual activity in private homes, “you leave open the door for a variety of other sexual activities to occur within the home and not be regulated.”) However, CNN reports that, according to unedited excerpts of the audiotaped interview, “Santorum spoke at length about homosexuality and he made clear he did not approve of ‘acts outside of traditional heterosexual relationships.’ In the April 7 interview, Santorum describes homosexual acts as a threat to society and the family. ‘I have no problem with homosexuality,’ Santorum said, according to the AP. ‘I have a problem with homosexual acts.’” [CNN, 4/23/2003; CNN, 4/23/2003] In an interview on Fox News, Santorum says: “I do not need to give an apology based on what I said and what I’m saying now—I think this is a legitimate public policy discussion. These are not, you know, ridiculous, you know, comments. These are very much a very important point.… I was not equating one to the other. There is no moral equivalency there. What I was saying was that if you say there is an absolute right to privacy for consenting adults within the home to do whatever they want, [then] this has far-reaching ramifications, which has a very serious impact on the American family, and that is what I was talking about.… I am very disappointed that the article was written in the way it was and it has been construed the way it has. I don’t believe it was put in the context of which the discussion was made, which was rather a far-reaching discussion on the right to privacy.” [Salon, 4/26/2003; Fox News, 4/28/2003]
Bush Defends Santorum - After three days of remaining silent, President Bush issues a brief statement defending Santorum’s remarks, calling Santorum “an inclusive man.” In response, the Democratic National Committee (DNC) issues the following statement from chairman Terry McAuliffe: “President Bush is awfully selective in which American values he chooses to comment on. Rick Santorum disparaged and demeaned a whole segment of Americans and for that President Bush praises him. Three young women in the music business expressed their views and it warrants presidential action. I would suggest that rather than scold the Dixie Chicks (see March 10, 2003 and After), President Bush would best serve America by taking Rick Santorum to the woodshed.” [People's World, 5/7/2003; The Advocate, 6/10/2003]
Other Support - Some senators come to Santorum’s defense. Senate Majority Leader Bill Frist (R-TN) says in a statement, “Rick is a consistent voice for inclusion and compassion in the Republican Party and in the Senate, and to suggest otherwise is just politics.” Senator Charles Grassley (R-IA) blames the media for the controversy, saying: “He’s not a person who wants to put down anybody. He’s not a mean-spirited person. Regardless of the words he used, he wouldn’t try to hurt anybody.… We have 51 Republicans [in the Senate] and I don’t think anyone’s a spokesman for the Republican Party. We have a double standard. It seems that the press, when a conservative Republican says something, they jump on it, but they never jump on things Democrats say. So he’s partly going to be a victim of that double standard.” Santorum’s Pennsylvania colleague, Senator Arlen Specter (R-PA), says, “I have known Rick Santorum for the better part of two decades, and I can say with certainty he is not a bigot.” Asked if Santorum’s comments will hurt his re-election prospects, Specter says: “It depends on how it plays out. Washington is a town filled with cannibals. The cannibals devoured Trent Lott without cause. If the cannibals are after you, you are in deep trouble. It depends on whether the cannibals are hungry. My guess is that it will blow over.” Senator Jim Bunning (R-KY) says, “Rick Santorum has done a great job, and is solid as a rock, and he’s not going anywhere.” A number of Republican senators, including Jim Kolbe (R-AZ), the only openly gay Republican in Congress, refuse to comment when asked. [Salon, 4/26/2003] Gary Bauer, a powerful activist of the Christian Right who ran a longshot campaign for the Republican presidential nomination in 2000, says that “while some elites may be upset by [Santorum’s] comments, they’re pretty much in the mainstream of where most of the country is.” [The Advocate, 6/10/2003] The conservative advocacy group Concerned Women for America says Santorum was “exactly right” in his statements and blames what it calls the “gay thought police” for the controversy. Genevieve Wood of the Family Research Council agrees, saying, “I think the Republican Party would do well to follow Senator Santorum if they want to see pro-family voters show up on Election Day.” [CNN, 4/23/2003] Joseph Farah, the publisher of the conservative online news blog WorldNetDaily (WND), says that Santorum was the victim of a “setup” by the Associated Press, and Lara Jakes Jordan, the reporter who wrote the story should be fired. Santorum’s remarks “were dead-on target and undermine the entire homosexual political agenda,” Farah writes. “Santorum articulated far better and more courageously than any elected official how striking down laws against sodomy will lead inevitably to striking down laws against incest, bigamy, and polygamy. You just can’t say consenting adults have an absolute right to do what they want sexually without opening that Pandora’s box.” He accuses the AP of launching what he calls a “hatchet job” against Santorum, designed to take down “a young, good-looking, articulate conservative in the Senate’s Republican leadership.” The AP reporter who interviewed Santorum, Lara Jakes Jordan, is, he says, “a political activist disguised as a reporter.” Farah notes that Jordan is married to Democratic operative Jim Jordan, who works for the Kerry campaign, and in the past Jordan has criticized the AP for not granting benefits to gay domestic partners. Thusly, Farah concludes: “It seems Mrs. Jordan’s ideological fervor is not reserved only for her private life and her corporate politicking. This woman clearly ambushed Santorum on an issue near and dear to her bleeding heart.” [WorldNetDaily, 4/28/2003]
Entity Tags: Democratic National Committee, Terry McAuliffe, Susan Collins, Rick Santorum, Republican Unity Coalition, Tom Daschle, Trent Lott, Charles Grassley, Winnie Stachelberg, Arlen Specter, Barney Frank, Bill Frist, Brad Woodhouse, Concerned Women for America, Patrick Guerriero, Olympia Snowe, US Supreme Court, Lincoln Chafee, Log Cabin Republicans, Gordon Smith, Gary Bauer, Genevieve Wood, George W. Bush, Democratic Senatorial Campaign Committee, Howard Dean, Dixie Chicks, Jim Bunning, James Kolbe, Lara Jakes Jordan, Kim Gandy, John Kerry, John McCain, Joseph Farah
Timeline Tags: Domestic Propaganda
A medical report by US doctors at Guantanamo Bay details an attempt by a detainee to commit suicide. The detainee, who cannot be identified from publicly released records, attempted to hang himself with a towel. He fell into what doctors call a “vegetative state” due to brain injuries suffered during the hanging. Guantanamo doctors “most strongly advocate” for the detainee’s “earliest return to his home country,” noting that the detainee has a “history of depression” and “his rehabilitation will be long.” Available records will not show whether Guantanamo officials follow the recommendations of the medical staff. [American Civil Liberties Union, 6/19/2006]
One of a group of 25 al-Qaeda members captured in Pakistan, Tawfiq bin Attash (see April 29, 2003), is taken into US custody and sent to a CIA-run detention facility in Afghanistan. Years later, after being transferred to Guantanamo, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006), who will identify him as “Walid bin Attash” in their documents.
'Forced Standing' - Bin Attash will recall his introduction to detention in Afghanistan as follows: “On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks. I was put in a cell measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural. During the first two weeks I did not receive any food. I was only given Ensure [a liquid nutritional supplement] and water to drink. A guard would come and hold the bottle for me while I drank.… The toilet consisted of a bucket in the cell.… I was not allowed to clean myself after using the bucket. Loud music was playing 24 hours each day throughout the three weeks I was there.” Author Mark Danner, writing of the ICRC report in 2009 (see March 15, 2009), will note that the “forced standing” technique. with arms shackled above the head, was a favorite technique of the Soviets, who called it “stoika.” Bin Attash, who had lost a leg fighting in Afghanistan, found the technique particularly painful: “After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists. I shouted for help but at first nobody came. Finally, after about one hour a guard came and my artificial leg was given back to me and I was again placed in the standing position with my hands above my head. After that the interrogators sometimes deliberately removed my artificial leg in order to add extra stress to the position.” He is checked periodically by a doctor. The doctor does not object to the ‘forced standing,’ even though the treatment causes intense pain in bin Attash’s leg; neither does the doctor object to the suspension from shackles, even though the shackles cut and abrade his wrists.
Cold Water, Physical Beatings - Bin Attash will tell ICRC officials that he is “washed down with cold water every day.” Every day he is also subjected to beatings: “Every day for the first two weeks I was subjected to slaps to my face and punches to my body during interrogation. This was done by one interrogator wearing gloves.… Also on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements. Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.… I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”
Moved to Second Facility - It remains unclear where bin Attash is moved to after his initial detention in Afghanistan, but he will tell ICRC officials that his captors there—also Americans—“were rather more sophisticated than in Afghanistan because they had a hose-pipe with which to pour the water over me.” Danner will later note that the methods used to interrogate and torture bin Attash are somewhat more refined than those used on an experimental basis with another al-Qaeda suspect, Abu Zubaida (see April - June 2002). For example, a towel was wrapped around Zubaida’s neck and used to slam him into walls, while bin Attash was given a plastic collar. [New York Review of Books, 3/15/2009]
Khreisan Khalis Aballey, a 39-year-old Iraqi man, is arrested at his home with his 80-year-old father by US soldiers who are looking for ‘Izzat al-Duri, a senior member of the Ba’ath Party. His brother is shot during the operation and never seen again. On July 23 (see July 23, 2003), Amnesty International will include an account of his detention in a memo to the Coalition Provisional Authority, which reads: “During his interrogation, he was made to stand or kneel facing a wall for seven-and-a-half days, hooded, and handcuffed tightly with plastic strips. At the same time a bright light was placed next to his hood and distorted music was playing the whole time. During all this period he was deprived of sleep (though he may have been unconscious for some periods). He reported that at one time a US soldier stamped on his foot and as a result one of his toenails was torn off. The prolonged kneeling made his knees bloody, so he mostly stood; when, after seven-and-a-half days he was told he was to be released and told he could sit, he said that his leg was the size of a football. He continued to be held for two more days, apparently to allow his health to improve, and was released on 9 May. His father, who was released at the same time, was held in the cell beside his son, where he could hear his son’s voice and his screams.” [Amnesty International, 7/23/2003]
The International Committee of the Red Cross sends a memorandum to Coalition Forces reporting that it has recorded roughly 200 allegations of mistreatment and abuse from prisoners of war being held at various detention facilities in Iraq. The report notes that the allegations are supported by medical examinations of the prisoners. [Amnesty International, 7/23/2003; New York Times, 5/13/2004]
Eight high-ranking military lawyers from the Army Judge Advocate General’s office—which historically has ensured that interrogators do not violate prisoners’ rights—visit Scott Horton, head of the New York State Bar Association’s committee on international law, and ask him to persuade the Pentagon to reverse its policy on using “stress and duress” interrogation techniques (see Late 2002-April 2003)
(see April 16, 2003). “They were quite blunt,” Horton will recall. “They were extremely concerned about how the political appointees were dealing with interrogation issues. They said this was a disaster waiting to happen and that they felt shut out” from the rules-drafting process. [Washington Post, 5/13/2004; Newsday, 5/15/2004; New Yorker, 5/24/2004] The lawyers describe the new interrogation rules as “frightening,” with the potential to “reverse 50 years of a proud tradition of compliance with the Geneva Conventions.” [USA Today, 5/13/2004] The military lawyers will make another visit to Horton’s office in October (see May 2003).
Infantry units from the Florida National Guard arrive at the Assad airbase located northwest of Baghdad. They are assigned the task of overseeing a detention center that has been set up in an aircraft hangar. The cells of this makeshift prison are separated with concertina wire. The US soldiers are “instructed to use sleep deprivation on prisoners, and taught to perform mock executions.” The interrogators are “not in regular army uniform, and the soldiers never [learn] their real names.” Camilo Mejia, a member of the Florida National Guard, will later tell The Guardian: “We had a sledgehammer that we would bang against the wall, and that would create an echo that sounds like an explosion that scared the hell out of them. If that didn’t work we would load a 9mm pistol, and pretend to be charging it near their head, and make them think we were going to shoot them. Once you did that, they did whatever you wanted them to do basically.” Mejia, the son of a famous Nicaraguan political songwriter and folksinger and who later applies for status as a conscientious objector, will say that many soldiers were uncomfortable with these tactics. “The way we treated these men was hard even for the soldiers, especially after realizing that many of these ‘combatants’ were no more than shepherds.” Mejia will also say that when his platoon leader objected to using these techniques, he was told that his refusal to do so could end his military career. [Mail & Guardian, 5/14/2004]
The CIA notifies the Italian military intelligence agency SISMI that Hassan Mustafa Osama Nasr, an Islamist radical the agencies kidnapped from Milan in February (see Noon February 17, 2003), is being interrogated in Cairo, Egypt. After Italian prosecutors begin investigating the kidnap, they will raid a SISMI safehouse in Rome, finding a document that confirms the notification. [Reuters, 11/4/2009] Nasr is actually tortured in Egypt (see Late February 2003 or Shortly After).
The CIA’s Office of the Inspector General reviews videotapes of the interrogation and custody of militant training camp facilitator Abu Zubaida. The tapes, made in 2002 (see Spring-Late 2002), show 83 applications of the waterboarding technique, most of which last for less than 10 seconds. However, 11 of the interrogation videos turn out to be blank, two others are blank except for one or two minutes, and two more are broken and cannot be reviewed. The Inspector General then compares the tapes to logs and cables about the interrogations and identifies a 21-hour period, including two waterboarding sessions, that is not captured on the tapes. [Central Intelligence Agency, 5/7/2004, pp. 36-37 ]
In a homemade video journal, an unidentified female US soldier at Camp Bucca prison in Iraq candidly speaks of how she and her colleagues have shot and killed prisoners. “If we shoot any more of the Iraqis, or attack any of them, they’re gonna supposedly come in and attack the camp…. But we’ll believe that when it actually happens, because we’ve already killed another Iraqi just last night when I was working. So I don’t know what’s going on…” She does not describe under what circumstances the shootings had taken place. In another part of the video she admits to antagonizing the captives. “I actually got in trouble the other day because I was throwing rocks at them.” [CBS News, 3/12/2004]
According to a unnamed aide to Secretary of State Colin Powell, at “various times throughout this period,” Powell, National Security Adviser Condoleezza Rice, and Defense Secretary Donald Rumsfeld relay the Red Cross’ concerns about the Coalition’s treatment of prisoners directly to President Bush. [Baltimore Sun, 5/12/2004]
An unnamed Iraqi is taken into custody by Coalition Forces and then subjected to severe abuse in the military intelligence section of Camp Cropper. The International Committee of the Red Cross will later interview the person and report the prisoner’s allegations to Coalition Forces once in early July and then again in February 2004 (see February 24, 2004). The latter report will explain: “In one illustrative case, a person deprived of his liberty arrested at home by the CF [Coalition Forces] on suspicion of involvement in an attack against the CF, was allegedly beaten during interrogation in a location in the vicinity of Camp Cropper. He alleged that he had been hooded and cuffed with flexi-cuffs, threatened to be tortured and killed, urinated on, kicked in the head, lower back and groin, force-fed a baseball which was tied into the mouth using a scarf, and deprived of sleep for four consecutive days. Interrogators would allegedly take turns ill-treating him. When he said he would complain to the IRC he was allegedly beaten more. An ICRC medical examination revealed haematoma in the lower back, blood in the urine, sensory loss in the right hand due to tight handcuffing with flexi-cuffs, and a broken rib.” [International Committee of the Red Cross, 2/24/2004 ; New York Times, 5/11/2004]
Dan Savage. [Source: The Advocate]Gay activist Dan Savage, angered at recent comments by Senator Rick Santorum equating gay sex with bestiality and child rape (see April 7, 2003) and Santorum’s refusal to apologize for his remarks (see April 23, 2003 and After), decides to strike back. Writing on the online news blog The Stranger, Savage relays the following suggestion from a commenter: “I’m a 23-year-old gay male who’s been following the Rick Santorum scandal, and I have a proposal. Washington and the press seem content to let Santorum’s comments fade into political oblivion, so I say the gay community should welcome this ‘inclusive’ man with open arms. That’s right; if Rick Santorum wants to invite himself into the bedrooms of gays and lesbians (and their dogs), I say we ‘include’ him in our sex lives—by naming a gay sex act after him. Here’s where you come in, Dan. Ask your readers to write in and vote on which gay sex act is worthy of the Rick Santorum moniker.… You pick the best suggestions, and we all get to vote! And then, voilà! This episode will never be forgotten!” Savage agrees, and asks readers to send in their suggestions. [Dan Savage, 5/15/2003] One reader writes, “Specifically, I nominate the frothy mixture of lube and fecal matter that is sometimes the byproduct of anal sex,” and the suggestion wins Savage’s poll. [Dan Savage, 5/29/2003; Dan Savage, 6/12/2003] In November 2003, Savage creates a Web site, “Spreading Santorum,” featuring the definition as its home-page content. Many other Web sites begin linking to it, and soon the site becomes Number One in Google search results, giving Savage’s rather crude definition as the first result Web surfers get when searching for information about Santorum. Savage, other gay activists, and others continue linking to the site, keeping the “Spreading Santorum” site on top of the Google listings for several years. [Spreading Santorum, 2003; ABC News, 5/10/2011; Huffington Post, 7/27/2011] Savage’s technique for achieving and keeping a top ranking in Google is known as “Google bombing” the search engine. Google will refuse repeated requests to purge Savage’s blog from its rankings. In February 2011, Santorum will say: “It’s one guy. You know who it is. The Internet allows for this type of vulgarity to circulate. It’s unfortunate that we have someone who obviously has some issues. But he has an opportunity to speak.… You want to talk about incivility. I don’t know of anybody on the left who came to my defense for the incivility with respect to those things.” [Roll Call, 2/16/2011]
Charged with supporting al-Qaeda in September 2002, all of the “Lackawanna Six” originally pled not guilty (see September 13, 2002). But by May 19, 2003, all of them change their minds and plead guilty. They accept prison terms of 6 and a half to 9 years. The Washington Post reports that the fear of being declared “enemy combatants” led “the Lackawanna Six” to engage in plea bargain talks. The six men all plead guilty of providing support to a terrorist organization and received prison sentences of six-and-a-half to nine years. “We had to worry about the defendants being whisked out of the courtroom and declared enemy combatants if the case started going well for us,” says Patrick J. Brown, attorney for one of the six. “So we just ran up the white flag and folded.” [Washington Post, 7/29/2003] “Basically, what was related to us,” says James Harrington, attorney for another, “was that if the case was not resolved by a plea, the government was going to consider any options that it had. They didn’t say they were going to do it [declare them ‘enemy combatants’], they just were going to consider it.” [Guardian, 12/3/2003] This is corroborated by the US federal attorney responsible for the prosecution of the six, Michael Battle. He says his office never explicitly threatened invoking the enemy combatant status, because he did not have to. Everybody knew this threat was in the air. “I don’t mean to sound cavalier,” he says, “but the war on terror has tilted the whole [legal] landscape. We are trying to use the full arsenal of our powers. I’m not saying the ends justify the means,” he adds. “But you have to remember that we’re protecting the rights of those who are being targeted by terror as well as the rights of the accused.” [Washington Post, 7/29/2003] Neal R. Sonnett, speaking as the chairman of the American Bar Association’s Task Force on Treatment of Enemy Combatants, says: “The defendants believed that if they didn’t plead guilty, they’d end up in a black hole forever. There’s little difference between beating someone over the head and making a threat like that.” [Washington Post, 7/29/2003] “Nothing illustrates the US government’s new power over suspects… better than the case of the Lackawanna Six,” Guardian journalist James Meek observes. [Guardian, 12/3/2003]
The Mail on Sunday reports that according to Maj. Gen. Geoffrey Miller, the US is considering plans to build an execution chamber at Camp Delta in Guantanamo Bay where suspected terrorists, convicted by a secret military tribunal for capital crimes, would be put to death. “Prisoners would be tried, convicted, and executed without leaving its boundaries, without a jury, and without right of appeal.” [Courier Mail, 5/26/2003] Britain says that it is unaware of the US plans. [Courier Mail, 5/26/2003]
Ali Saleh Kahlah Al-Marri, a Qatari citizen and former US college student charged with bank fraud and alleged to be an al-Qaeda sleeper agent (see December 12, 2001), pleads innocent in an Illinois federal court. His court date is set for July 21, but before that can happen, President Bush will designate al-Marri an “enemy combatant” and send him into military custody, where he will be denied access to the US court system (see June 23, 2003). Al-Marri has been in detention in New York City while federal investigators probe his alleged connections to 9/11 hijackers. Al-Marri is charged with credit card fraud (see February 8, 2002) based on his alleged possession of at least 15 unauthorized and counterfeit credit cards; he is alleged to have been part of the al-Qaeda finance network. He is also charged with lying to FBI agents over alleged overseas phone calls to a number associated with an al-Qaeda figure in the United Arab Emirates, Mustafa Ahmed al-Hawsawi, a known al-Qaeda facilitator linked to the 9/11 attacks (see Early-Late June, 2001). Al-Marri is not charged with being personally linked to the attacks. US Attorney Jan Paul Miller says al-Marri has not been charged with a terrorist crime. [Associated Press, 5/29/2003]
An FBI memo released to the American Civil Liberties Union in 2006 (ACLU—see February 23, 2006) documents escalating tensions between FBI and Defense Department personnel stationed at Guantanamo. According to the memo, beginning in late 2002, Defense Department interrogators received encouragement from their superiors to “use aggressive interrogation tactics” that FBI agents believed were “of questionable effectiveness and subject to uncertain interpretation based on law and regulation.” The memo names Major General Geoffrey Miller, the commander of Joint Task Force-Guantanamo, as supporting interrogation methods FBI agents believe “could easily result in the elicitation of unreliable and legally inadmissible information.” FBI personnel took their concerns to senior Pentagon officials, but were ignored. [American Civil Liberties Union, 2/23/2006]
CIA officials ask for reauthorization of the controversial harsh interrogation methods (see April 2002 and After and August 1, 2002) that had been withdrawn (see December 2003-June 2004) after the revelation of abuse and torture at Iraq’s Abu Ghraib prison (see November 5, 2003). The CIA has captured a new al-Qaeda suspect in Asia, and top agency officials ask the National Security Council Principals Committee—Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft—for permission to use extreme methods of interrogation against the new detainee. Rice, who chairs the Principals Committee, says: “This is your baby. Go do it.” [ABC News, 4/9/2008] The name of the new suspect captured in Asia is not mentioned, but Hambali is captured in Thailand in August 2003 (see August 12, 2003), and he is the only prominent al-Qaeda figure arrested that summer. He is considered one of al-Qaeda’s most important leaders. There are some reports that he is one of only about four prisoners directly waterboarded by the US (see Shortly After August 12, 2003).
Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Al-Qaeda, Colin Powell, Condoleezza Rice, George J. Tenet, John Ashcroft, Hambali, National Security Council, Donald Rumsfeld
Timeline Tags: Torture of US Captives, Complete 911 Timeline
According to journalist Seymour Hersh, by the summer of 2003, US-led forces have conquered Iraq but it becomes increasingly obvious that there is a growing insurgency movement. However, the US knows very little about the insurgency. A secret military report from the time states, “Human intelligence is poor or lacking… due to the dearth of competence and expertise.” Defense Secretary Donald Rumsfeld and his close assistant Under-Secretary of Defense for Intelligence Steven Cambone try to solve this problem by authorizing increasingly aggressive interrogation of detainees in Iraq prisons. Maj. Gen. Geoffrey Miller, commander of the Guantanamo (or “Gitmo”) prison in Cuba, comes to Iraq with a plan to “Gitmoize” the prisons in Iraq to make them more geared towards interrogation (see August 31, 2003-September 9, 2003). A former intelligence official will later tell Hersh, “They weren’t getting anything substantive from the detainees in Iraq. No names. Nothing that they could hang their hat on. Cambone says, I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up—the black special-access program—and I’m going in hot.” The program mentioned is Operation Copper Green, which allows secret task forces to capture and interrogate wanted figures with very little oversight, and which is expanded to Iraq around this time. This official continues, “And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing into the white world. We’re getting good stuff. But we’ve got more targets” - meaning Iraqi detainees -“than people who can handle them.” As a result, Cambone decides to include some of the military intelligence officers working in the Iraqi prisons in the special access programs that are a part of Operation Copper Green. “So here are fundamentally good soldiers—military-intelligence guys—being told that no rules apply. And, as far as they’re concerned, this is a covert operation, and its’ to be kept within Defense Department channels.” As a result, more and more people, including the MPs (military police) pictured in the later Abu Ghraib abuse photographs, get involved in these covert programs that have almost no accountability and the stage is set for abuses to occur. The official says, “as soon as you enlarge the secret program beyond the oversight capability of experienced people, you lose control.” By the end of 2003, this official claims that senior CIA officials were complaining. “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets.’” The CIA supposedly ends its involvement with the covert programs in Iraqi prisons, although exactly when this happens is not clear. [New Yorker, 5/24/2004]
A female senior official from Washington comes to Guantanamo to interrogate British national Shafiq Rasul and shows him a videotape recording of a meeting in January 2000 in Afghanistan between Osama bin Laden and Mohamed Atta, the operational leader of the 9/11 attacks. The video allegedly also shows Rasul being present. Rasul recalls saying: “Are you blind? That doesn’t look anything like me.” His questioners are adamant. “[L]oads of people had told them that this guy in a beard standing behind bin Laden was me. I told them that in 2000 I didn’t leave the country, that I was working at the Wednesbury branch of Currys, who would have my employment records. They told me I could have falsified those records—that I could have had someone working with me at Currys who could have altered the data the company held, and traveled on a false passport.” Then Rasul decides to confess. “I’d got to the point where I just couldn’t take any more. ‘Do what you have to do,’ I told them.” He recalls: “My heart is beating, beating, I’m saying it’s not me, it’s not me, but I’m thinking ‘I’m going to be screwed. I’m on an island in the middle of nowhere, there’s nothing I can do.’” [Guardian, 10/3/2004] His two friends, Asif Iqbal and Rhuhel Ahmed, are also forced to make confessions. But the British intelligence service MI5, later demonstrates that the Tipton Three were all in Britain at that time, [Observer, 3/14/2004] and Rasul was indeed working in a Currys store in the West Midlands at the time of the alleged meeting attended by bin Laden and Mohamed Atta. [Guardian, 8/4/2004]
An Iraqi prisoner is bound to a chair and interrogated by soldiers at a “classified interrogation facility” in Baghdad. He later dies. The autopsy will report that the man was “subjected to both physical and psychological stress” and died from a “hard, fast blow” to the head. [Denver Post, 5/18/2004]
Senator Patrick Leahy, a Democrat from Vermont, sends letters to the White House, the CIA, and the Pentagon with complaints about the treatment of detainees in Afghanistan and “other locations outside the United States.” He writes that according to unnamed officials, the prisoners are being subjected to beatings, lengthy sleep- and food-deprivation, and other “stress and duress” techniques (see April 16, 2003). He asks if these techniques are indeed being employed and urges the administration to issue a clear statement that cruel, inhuman, or degrading treatment of detainees will not be tolerated. The Pentagon and CIA respond with denials that the United States is torturing its prisoners. [Human Rights Watch, 5/7/2004; USA Today, 5/13/2004]
Iraqi national Hiwa Abdul Rahman Rashul, later to be nicknamed “Triple-X,” is captured by Kurdish soldiers on suspicion that he is a member of Al-Ansar al-Islam, a militant group operating in northern Iraq. [Washington Post, 10/24/2004] He is then handed over to the CIA, which takes him outside of Iraq to a secret facility in Afghanistan. [New York Times, 9/10/2004]
The CIA starts a course for officers it calls “debriefers,” who are to participate in detainee interrogations. (In the CIA’s terminology of this time, an “interrogator” is someone who applies the agency’s “enhanced interrogation techniques,” whereas a debriefer does not apply the techniques, but merely asks a detainee questions after an interrogator has designated a detainee as “compliant.”) The purpose of the course is to train the debriefers to collect actionable intelligence from high-value detainees in CIA custody. It is intended to familiarize them with key aspects of the CIA’s interrogation program, including its goals and legal authorities, the interrogation guidelines, and the roles and responsibilities of all who interact with high value detainees. [Central Intelligence Agency, 5/7/2004, pp. 38 ] The agency began a course for interrogators the previous year (see November 2002).
Abd al-Rahman, a minor official at the agriculture ministry in Baghdad, is taken into custody by Coalition Forces and held for three months during which time he is “beaten frequently, given shocks with an electric cattle-prod, and [has] one of his toenails prised off.” Rations are often laced with pork, which is forbidden to Muslims, and the area around his tent is infested with scorpions. [Sunday Times (London), 1/18/2004; Human Rights Watch, 5/7/2004]
Michael DeLong. [Source: PBS]In a secret memo, Gen. George Casey, Jr., director of the US military’s Joint Staff, warns Gen. Michael DeLong at Central Command (Centcom) that the “CIA has advised that the techniques the military forces are using to interrogate high value detainees (HVDs)… are more aggressive than the techniques used by CIA who is [sic] interviewing the same HVDs.” DeLong replies to Casey that the techniques being used are “doctrinally appropriate techniques” in line with Army regulations and Defense Secretary Donald Rumsfeld’s direction. [New Yorker, 6/17/2007] It will later come out that the CIA was using techniques on these detainees widely considered to be torture, such as waterboarding. But little is known about military treatment of these detainees or the techniques they used.
US forces in Iraq launch Operation Peninsula Strike, conducting a series of raids on a peninsula along the Tigris River about 35 miles north of Baghdad, near the towns of Balad and Duluiya. The sweep, aimed at suppressing the growing Iraqi resistance, is the Coalition’s largest military operation since the regime’s collapse (see April 9, 2003). About 4,000 US troops—supported by river patrol boats and AC-130 gunships—participate in the assault. Up to 100 Iraqis are killed and 397 are taken prisoner. [BBC, 6/13/2003; Guardian, 6/13/2003] Residents of the towns complain that the US’s heavy handed tactics are alienating the Iraqi populace and creating popular support for the insurgency. One Iraqi is quoted as saying, “There was no fighting in a town like Falluja during the war. That only came when American soldiers killed 18 people during a protest. The people who are fighting the Americans are only taking personal action to avenge the murders of their family members.” [The Irish Times, 6/14/2003]
Many detainees in Abu Ghraib are being held in poorly guarded and provisioned tents during this time. [Source: HBO]Detainees being held at Abu Ghraib prison in Iraq hold another demonstration after prison authorities fail to follow through on a promise (see June 12, 2003) to provide the detainees with information about their status. Some of the demonstrators throw bricks and poles at the soldiers, but remain within the razor wire fence surrounding the tents and are not a threat to the soldiers. In response, the prison guards fire from three watchtowers into the detention area, killing 22-year-old Ala’ Jassem Sa’ad, who is in one of the tents. Seven others who are sharing the tent are injured. According to the prison authorities, the “shooting [is] justified as the three tower [guards] determined that the lives of the interior guards were threatened.” [Amnesty International, 6/30/2003; International Committee of the Red Cross, 2/24/2004 ]
US administrator in Iraq Paul Bremer unilaterally decides to cancel mayoral elections, scheduled for June 21, in the city of Najaf. It would have been Iraq’s first election. According to Bremer, conditions in Najaf are not yet right for an election. It would have been “premature,” he says. A senior official in Bremer’s office tells the New York Times, “The most organized political groups in many areas are rejectionists, extremists and remnants of the Baathists. They have an advantage over the other groups.” [Agence France-Presse, 6/17/2003; New York Times, 6/19/2003] In other parts of Iraq mayors are being selected by town councils elected by US-installed community delegates. [New York Times, 6/19/2003; Washington Post, 6/28/2003]
On June 17, 2003, al-Qaeda suspect Adil Al-Jazeeri is arrested at a public swimming pool in Peshawar, Pakistan. He is not on any wanted list, and there is very little public information known about him, but intelligence sources call im a long-time aide to bin Laden and someone involved in training for al-Qaeda. On July 14, 2003, CBS News reports that he has been transferred over to US authorities after being subjected to “tough questioning” by Pakistani agents. US forces has then flown him “blindfolded and bound to an unknown location for interrogation in US custody.” Most likely, he is taken to the Bagram air base in Afghanistan. [Associated Press, 6/19/2003; CBS News, 7/14/2003; Amnesty International, 8/19/2003] In late 2005, Human Rights Watch will list his as a likely “ghost prisoner” probably being held by the CIA. [Human Rights Watch, 11/30/2005]
The CIA, the RAND Corporation, and the American Psychological Association host a two-day workshop entitled, “Science of Deception: Integration of Practice and Theory.” One session, “Law Enforcement Interrogation and Debriefing,” explores the question, “What pharmacological agents are known to affect apparent truth-telling behavior?” [American Psychological Association, 6/18/2003; Congressional Quarterly, 4/4/2008] This question becomes more relevant in light of evidence that mind-altering drugs may be used by US interrogators against terror suspects (see April 4, 2008).
Commenting on the US military base at Diego Garcia, former US Secretary of Defense James Schlesinger tells CNN: “It is critical to American security and has steadily grown more critical. Indeed, it is one of the wisest investment of government funds that we have seen over the last three or four decades.… It’s always preferable not to have inhabitants around. It reduces any risk of intelligence operations against the base and the possibility of sabotage.” [CNN, 6/18/2003]
Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]
Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi
Timeline Tags: Torture of US Captives, Complete 911 Timeline, Civil Liberties
Executive directors of human rights groups write to National Security Adviser Condoleezza Rice asking that the US provide human rights monitors access to US prisoners and detention facilities in Iraq to verify conditions of detention. [Human Rights Watch, 5/7/2004]
The June 24 deadline, set by the Malawi High Court (see June 22, 2003), to release five foreigners from detention or bring them to court, expires without the court’s order being honored. Instead, the five men are secretly flown out of the country reportedly in the custody of US agents and aboard a US chartered airplane. Their destination is at first unknown, even apparently to the Malawi government. A Malawi official tells Amnesty International on June 26: “From the time the arrests were made, the welfare of the detainees, their abode and itinerary for departure were no longer in the hands of the Malawian authorities. Thus as a country we did not have the means to stop or delay the operation. The issue of terrorism has regrettably spurred worldwide erosion of fundamental principles of human rights not only in the world but also in the USA itself…. Malawi has had to cooperate with the USA on this request as we are under obligations internationally to assist. In Malawi we do not know where these people are but they are in hands of the Americans who took them out of the country using a chartered aircraft. They should now be going through investigations at a location only known by the USA.” It is later found that the five were flown to Zimbabwe, where they were held for a month, and then Sudan, where they were subsequently released. [Amnesty International, 8/19/2003]
Department of Defense General Counsel William J. Haynes responds to a letter from Senator Patrick Leahy which asked for clarification on the administration’s interrogation policy (see June 2003). Haynes replies that “it is the policy of the United States to comply with all its legal obligations in its treatment of detainees [and]… to treat all detainees and conduct all interrogations, wherever they may occur” in a manner consistent with US obligations under the Convention Against Torture (see October 21, 1994). He adds that the US “does not permit, tolerate, or condone any such torture by its employees under any circumstances.” He also says that the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution require the US “to prevent other acts of cruel, inhuman, or degrading treatment or punishment which do not amount to torture.” Notably, he does not provide information about the specific interrogation tactics that US forces are permitted to use. “It would not be appropriate to catalogue the interrogation techniques used by US personnel thus we cannot comment on specific cases or practices,” Haynes says. [Human Rights Watch, 5/7/2004; Wall Street Journal, 6/7/2004]
Senator Arlen Specter (R-PA) writes to National Security Adviser Condoleezza Rice asking for “clarification about numerous stories concerning alleged mistreatment of enemy combatants in US custody” and requesting that she explain how the administration ensures that detainees rendered to other countries are not tortured. [Human Rights Watch, 5/7/2004] Unbeknownst to Specter, Rice signed off on using torture methods on prisoners over a year earlier (see Mid-May, 2002).
Amnesty International sends a letter to Paul Bremer, head of the Office of the Coalition Provisional Authority (OCPA). The letter specifically mentions the poor conditions at Abu Ghraib prison and calls attention to a June 13 incident (see June 13, 2003) where one Iraq detainee, Ala’ Jassem Sa’ad, was shot dead and seven others were wounded when US soldiers fired into the air during a prisoners’ demonstration protesting conditions and broken promises. [Amnesty International, 6/30/2003]
An official of the Malawian government writes to Amnesty International about the transfer of five men in US custody (see June 24, 2003), explaining: “From the time the arrests were made, the welfare of the detainees, their abode and itinerary for departure were no longer in the hands of the Malawian authorities. Thus as a country we did not have the means to stop or delay the operation. The issue of terrorism has regrettably spurred worldwide erosion of fundamental principles of human rights not only in the world but also in the USA itself…. Malawi has had to cooperate with the USA on this request as we are under obligations internationally to assist. In Malawi we do not know where these people are but they are in hands of the Americans who took them out of the country using a chartered aircraft. They should now be going through investigations at a location only known by the USA.” It is later learned that the five men were sent to Zimbabwe and then to Sudan, where they were finally released in late July 2003 after investigators could find no evidence linking the men to terrorism. [Amnesty International, 8/19/2003]
In honor of United Nations International Day in Support of Victims of Torture, President Bush releases a statement saying that the US is “committed to the world-wide elimination of torture and [is] leading this fight by example.” Bush calls on all nations to join the US in “prohibiting, investigating, and prosecuting all acts of torture and in undertaking to prevent cruel and unusual punishment.” In his speech he also condemns countries who have refused to admit international human rights monitors into their facilities. “Notorious human rights abusers, including, among others, Burma, Cuba, North Korea, Iran, and Zimbabwe, have long sought to shield their abuses from the eyes of the world by staging elaborate deceptions and denying access to international human rights monitors.” [US President, 6/30/2003; Human Rights Watch, 5/7/2004]
President Bush issues a proclamation to mark the United Nations International Day in Support of Victims of Torture. Bush states that the US is “committed to the worldwide elimination of torture and we are leading this fight by example.” He vows to prosecute torture and to prevent any “other cruel and unusual punishment.” The CIA’s chief lawyer, Scott Muller, complains to the White House that Bush’s statement could cause CIA interrogators, authorized by Bush to torture suspected al-Qaeda members (see February 7, 2002), to fear that they could be used as scapegoats by the administration. White House officials reassure Muller that despite Bush’s words, the administration still supports the CIA’s torture of prisoners. [New York Times, 5/3/2009]
Officials at the CIA station in Baghdad ask agency managers at headquarters for information and training on detainee interrogations, but receive little in response. After the station agrees to interrogate the most important detainees in order to gain information about the growing insurgency, it asks headquarters for training for its officers, so that they can perform the interrogations correctly. It also requests written guidelines in July. However, headquarters does nothing and this refusal to act leads to heated arguments between Baghdad station and headquarters. For example, in one videoconference in the fall the deputy station chief begins yelling at headquarters staffers, demanding that they provide the written guidelines. The response of the agency’s Near East division chief is to tell Baghdad station boss Gerry Meyer (see May 18, 2006) that his deputy is becoming “too strident.” No guidelines will arrive before the Abu Ghraib scandal breaks (see April 28, 2004). Neither does headquarters send a lawyer to the Baghdad station for some time. Initially, the station gets its legal advice on an informal basis from CIA or military lawyers who happen to be passing through Baghdad. No agency lawyer is stationed in Baghdad until January 2004. [Risen, 2006, pp. 144-145]
Saifullah Paracha. [Source: Public domain]Saifullah Paracha, a Pakistani citizen who studied and lived in the US until the mid-1980s, flies from Pakistan to Bangkok on Air Thai. He plans to attend a meeting with his US business partner, Charles Anteby, with whom he runs an import/export company. When the driver sent to pick up Paracha arrives at the airport, he is told Paracha has not left the plane. Paracha has disappeared. More than six weeks later, in August, Paracha’s family will receive a letter from the International Red Cross (ICRC), informing them that he is being held at Bagram Air Force Base in Afghanistan. [First, 6/2004 ]
The CIA briefs Vice President Dick Cheney, Attorney General John Ashcroft, White House counsel Alberto Gonzales, and National Security Council legal adviser John Bellinger on the use of waterboarding and other methods. According to a 2009 Senate Intelligence Committee report, the officials “reaffirmed that the CIA program was lawful and reflected administration policy.” [Senate Intelligence Committee, 4/22/2009 ; Washington Post, 4/22/2009] In 2009, the American Civil Liberties Union (ACLU)‘s Jameel Jaffer will say: “This was not an abstract discussion. These were very detailed and specific conversations. And it’s further evidence of the role that senior administration officials had.” [Washington Post, 4/22/2009]
The International Committee of the Red Cross sends the Coalition Forces a working paper reporting 50 allegations of mistreatment in the military intelligence section of Camp Cropper. Among the allegations reported in the memo are: “threats (to intern individuals indefinitely, to arrest other family members, to transfer individuals to Guantanamo) against persons deprived of their liberty or against members of their families (in particular wives and daughters); hooding; tight handcuffing; use of stress positions (kneeling, squatting, standing with arms raised over the head) for three or four hours; taking aim at individuals with rifles; striking them with rifle butts; slaps; punches; prolonged exposure to the sun; and isolation in dark cells.” The report says that medical examinations of the prisoners supported their allegations. [International Committee of the Red Cross, 2/24/2004 ; New York Times, 5/11/2004]
Two Iranian journalists, Saeed Abou Taleb and Sohail Karimi, who are filming a documentary video in Iraq, are arrested and detained. Upon being released 126 days later, they say that they were subjected to “severe torture.” “The detention was unimaginable,” Taleb says to Iranian state television after the two make it back into Iran. “The first 10 days were like a nightmare. We were subjected to severe torture.” [Agence France-Presse, 11/4/2003] When a US spokesman is asked about the allegations, he responds, “The coalition does not mistreat anyone in its custody—full stop.” [Agence France-Presse, 11/4/2003]
Feroz Abbasi. [Source: BBC]The US government announces that President Bush has named six Guantanamo detainees to be tried before a military commission. They are David Hicks from Australia, Moazzam Begg holding dual British and Pakistan nationality, Feroz Abbasi from Britain, Salim Ahmed Hamdan and Ali Hamza Ahmad Sulayman al-Bahlul, both from Yemen, and Ibrahim Ahmed Mahmoud al-Qosi from Sudan. [US Department of Defense, 7/3/2003]
According to Amjed Isail Waleed, a detainee at Abu Ghraib, he is left naked in a dark cell for five days. [New York Times, 6/8/2004]
The CIA’s inspector general interviews a female CIA officer about the efficacy of the agency’s custody and interrogation practices for high value detainees. The officer is not identified, but as the topic discussed is the involvement of the CIA’s Counterterrorist Center (CTC) in the practices, and the highest known female officer at the CTC at this time is Alfreda Frances Bikowsky, it may be her. (Note: Bikowsky is involved in rendition—see Before January 23, 2004—and torture—see After March 7, 2003). The officer says that the value of the program is taking terrorists off the streets, and if the CIA gets unique valuable information from a detainee then an operation is judged a success. The officer also makes a number of statements about information provided by detainees:
Training camp facilitator Abu Zubaida provided information about al-Qaeda’s modus operandi and that led to the arrest of Ramzi bin al-Shibh, an associate of the 9/11 hijackers;
Alleged 9/11 mastermind Khalid Shaikh Mohammed (KSM) provided information that led to the arrest of a truck driver in Ohio named Iyman Faris, a smuggler named Uzair Paracha, a sleeper operative in New York named Saleh Almari, an operative named Majid Khan, and Ali Abdul Aziz Ali, KSM’s nephew, who was involved in financing 9/11;
Detainees have also provided a wealth of information about al-Qaeda plots, including potential attacks on the US consulate in Karachi, a plan to fly planes into Heathrow Airport and Canary Wharf in London, a plot where spikes in track would be loosened in an attempt to derail a train, a plot to blow up some gas stations, a plot to fly planes into the Library Tower in California, and a plot to collapse a suspension bridge by cutting lines.
The manager adds that as some operatives potentially involved in these plots have been arrested and the plans have not come to fruition, then the operations must have been thwarted by the CIA. [Central Intelligence Agency, 7/17/2003 ]
Amnesty International sends a memorandum to the US government and Coalition Provisional Authority (CPA) titled, “Memorandum on concerns relating to law and order,” which states that the organization “has received a number of reports of torture or ill-treatment by Coalition Forces not confined to criminal suspects.” The memo explains that Coalition troops are using a number of methods, including “prolonged sleep deprivation; prolonged restraint in painful positions, sometimes combined with exposure to loud music; prolonged hooding; and exposure to bright lights.” Amnesty makes it very clear that these actions constitute “torture or inhuman treatment” and are prohibited by the Fourth Geneva Convention and by international human rights law. [Amnesty International, 7/23/2003] The memorandum also informs the CPA that there are reports that prisoners have been killed by Coalition Forces. “Amnesty International has received a number of reports of cases of detainees who have died in custody, mostly as a result of shooting by members of the Coalition Forces. Other cases of deaths in custody where ill-treatment may have caused or contributed to death have been reported.” [Amnesty International, 7/23/2003] The Coalition Provisional Authority does not provide any response to Amnesty International’s memo or provide any indication that the allegations will be investigated. [Amnesty International, 5/7/2004]
The Pentagon announces that four US soldiers from a Pennsylvania-based Army Reserve have been charged with punching, kicking, and breaking the bones of Iraqi captives at Camp Bucca near Umm Qasr in connection with the May 12 incident (see May 12, 2003). This is the first known case where US soldiers are charged for alleged illegal treatment toward prisoners of war. [Associated Press, 7/27/2003] By January 2004, the soldiers will have all been discharged after Brig. Gen. Ennis Whitehead III determines that they had kicked prisoners or encouraged others to do so. [Associated Press, 11/25/2003; Associated Press, 1/16/2004]
An unnamed US soldier witnesses two interrogators pull an Iraqi man, gasping for air, from the trunk of a black Mercedes after having driven around with him in the back for some time. “They kind of had to prop him up to carry him in. He looked like he had been there for a while,” the soldier later tells the Guardian. The soldier also notes that it had been extremely hot that day. According to the soldier, the torture tactic is referred to as the “bitch in a box.” [Mail & Guardian, 5/14/2004]
US Secretary of Defense Donald Rumsfeld and Undersecretary of Defense for Intelligence Stephen Cambone decide that they will extend the scope of “Copper Green,” originally created for Afghanistan (see Late 2001-Early 2002), to Abu Ghraib. According to Seymour Hersh, “The male prisoners could [now] be treated roughly, and exposed to sexual humiliation.” A former intelligence official will tell Hersh: “They weren’t getting anything substantive from the detainees in Iraq. No names. Nothing that they could hang their hat on. Cambone says, I’ve got to crack this thing and I’m tired of working through the normal chain of command. I’ve got this apparatus set up—the black special access program—and I’m going in hot. So he pulls the switch, and the electricity begins flowing… . And it’s working. We’re getting a picture of the insurgency in Iraq and the intelligence is flowing into the white world. We’re getting good stuff. But we’ve got more targets [prisoners in Iraqi jails] than people who can handle them.” In addition to bringing SAP rules into the Iraqi prisons, Cambone decides that Army military intelligence officers working inside Iraqi prisons will be brought under the SAP’s auspices, and in fact allowed the use of more aggressive interrogation techniques. “So here are fundamentally good soldiers—military intelligence guys—being told that no rules apply,” Hersh’s source also says. [New Yorker, 5/24/2004; Guardian, 9/13/2004] Knowledge of aggressive interrogation techniques may also have slipped inside the walls of Abu Ghraib via Special Forces soldiers delivering and interrogating prisoners and private contractors who used to be members of Special Forces. Many of Special Forces soldiers have gained this knowledge inter alia because they have been taught how to resist these techniques if subjected to them. Such training is given to both British and US Special Forces. An anonymous former British officer later recognizes the techniques used at Abu Ghraib as the type of tactics used for these trainings. The characterizing feature of the techniques they are trained to withstand is sexual humiliation through nudity and degrading poses. During training sessions, female soldiers mocked naked detainees and forced cruel sexual jokes on them to “prolong the shock of capture,” according to the British officer. The techniques included hooding, sleep deprivation, time disorientation, and lack of warmth, food, and water. “[T]he whole experience is horrible,” according to the British ex-officer. “Two of my colleagues couldn’t cope with the training at the time. One walked out saying ‘I’ve had enough,’ and the other had a breakdown. It’s exceedingly disturbing.” [Guardian, 5/8/2004]
In an interview, the US officer in charge of interrogations at Abu Ghraib acknowledges that, as per the directive from Defense Secretary Rumsfeld (see December 2, 2002), detainees are subjected to stress positioning. Stress positions are a violation of the Geneva Conventions. [Huffington Post, 4/21/2009]
9/11 mastermind Khalid Shaikh Mohammed (KSM) lies about Ibrahim Saeed Ahmed, Osama bin laden’s highly trusted courier, in an apparent attempt to protect bin Laden. KSM was captured by the US in March 2003 (see February 29 or March 1, 2003), and soon was interrogated and tortured with the use of waterboarding (see Shortly After February 29 or March 1, 2003). US intelligence does not yet know Ahmed’s real name, but it does know his alias, Abu Ahmed al-Kuwaiti, and it believes he is one of bin Laden’s most trusted couriers. Later reports suggest that KSM is not asked about Ahmed until the autumn of 2003. Some accounts will claim that KSM is no longer being waterboarded by this time. However, other accounts contradict this. In any case, other torture techniques, known by the euphemism “enhanced interrogation,” are still sometimes being used on him. [New York Times, 5/3/2011] In 2011, CIA Director Leon Panetta will make comments that make clear KSM is asked about Ahmed while being waterboarded. He will say: “[N]ot only did the use of ‘enhanced interrogation techniques’ on Khalid Shaikh Mohammed not provide us with key leads on bin Laden’s courier, Abu Ahmed; it actually produced false and misleading information. [KSM] specifically told his interrogators that Abu Ahmed had moved to Peshawar [Pakistan], got married, and ceased his role as an al-Qaeda facilitator—which was not true, as we now know. All we learned about Abu Ahmed al-Kuwaiti through the use of waterboarding and other ‘enhanced interrogation techniques’ against [KSM] was the confirmation of the already known fact that the courier existed and used an alias.” [Washington Post, 5/12/2011]
Senior AT&T technician Mark Klein (see July 7, 2009), working near the National Security Agency (NSA)‘s “secret room” in the firm’s Folsom Street, San Francisco facility (see October 2003), receives two documents pertaining to the equipment in that secret room. (In a 2007 interview with PBS, Klein will cite a third document as well, that he found lying on top of a router.) The two documents are entitled “SIMS Splitter Cut-In and Test Procedure Issue 2, 01/12/03” and “SIMS Splitter Cut-In and Test Procedure OSWF Training Issue 2 January 24, 2002.” “OSWF” stands for “On-Site Work Force.” As for “SIMS,” all Klein knows is that it is an acronym associated with the secret room. Reading over the documents, Klein realizes that they indicate the secret room contains a “splitter cabinet,” installed in February 2003 (see February 2003), containing “optical splitters” that “cut in” to signals sent through 16 “Peering Links” between AT&T and 16 other major carriers and Internet exchange points. He later recalls: “I brought them back to my desk, and when I started looking at it, I looked at it more, and I looked at it more, and finally it dawned on me sort of all at once, and I almost fell out of my chair, because this showed, first of all, what they had done, that they had taken working circuits, which had nothing to do with a splitter cabinet, and they had taken in particular what are called peering links which connect AT&T’s network with the other networks. It’s how you get the Internet, right? One network connects with another. So they took 16 high-speed peering links which go to places like Qwest [Communications] and Palo Alto Internet Exchange and places like that.… These circuits were working at one point, and the documents indicated in February 2003 they had cut into these circuits so that they could insert the splitter so that they can get the data flow from these circuits to go to the secret room. So this data flow meant that they were getting not only AT&T customers’ data flow; they were getting everybody else’s data flow, whoever else might happen to be communicating into the AT&T network from other networks. So it was turning out to be like a large chunk of the network, of the Internet.” The documents, he later says, name “the circuit IDs… the companies they belong to… [and] the cut date. And they were all in February , when they were cut into the splitter” (see February 2003). The 16 carriers include ConXion, Verio, XO, Genuity, Qwest, PAIX (Palo Alto Internet Exchange), Allegiance, Abovenet, Global Crossing, C&W, UUNET, Level 3, Sprint, Telia, PSINet, and MAE West (the Metropolitan Area Exchange for AT&T’s Western region). In plain English, the splitter in the NSA room is duplicating the electronic data being sent through AT&T’s equipment, and sending the duplicated signals somewhere else, presumably to NSA computers for later processing. Klein is given the documents by a veteran AT&T technician who is preparing to retire. Klein, in a casual conversation with the colleague who gave him the documents, remarks, “It seems obvious to me, given that the secret room is next to the 4ESS (see January 2003), that they’re listening to phone calls.” Klein’s colleague shakes his head and says: “No, Internet.… I’ll show you.” (In 2007 Klein will learn from a telecommunications expert that since AT&T was transferring its long-distance telephone traffic onto Internet fiber cables, the splitter was most likely picking up both telephone and Internet traffic.) Klein’s colleague shows him the cabinet containing the splitters. Klein later tells a reporter: “[T]here were optical splitters, which basically were connected by fiber-optic cable down to the secret room on the sixth floor.… The analogy I can give you, which most people are familiar with is, say you get cable TV in your living room and then want to watch all the channels you get in the living room, you want to get all those same channels in your bedroom. So they install on the cable what they call a splitter, which splits off all the signals, duplicates of the same signals which go to the bedroom.… What the splitter does is make a duplicate copy of all the signals going across the fiber-optic cables.… We’re talking about billions and billions of bits of data going across every second, right? And it’s going into the router, and it’s coming back from the routers in that office. So what they do with the splitter is they intercept that data stream and make copies of all the data, and those copies go down on the cable to the secret room.” Klein confirms from his colleague and from the documents that show the splitters are connected directly to the equipment in the secret room. [PBS Frontline, 5/15/2007; Klein, 2009, pp. 34-35]
Entity Tags: Genuity, UUNET, XO, Allegiance, Abovenet, AT&T, ConXion, Sprint/Nextel, Telia, Palo Alto Internet Exchange, MAE West, Level 3, Global Crossing, Mark Klein, National Security Agency, C&W, PSINet, Qwest
Timeline Tags: Civil Liberties
Army Col. Thomas Pappas tells Army Lt. Col. Steven Jordan, a soldier overseeing interrogations at Abu Ghraib, that the White House wants interrogators to “pull the intelligence out” of the detainees. Pappas tells him at least twice “that some of the [intelligence] reporting was getting read by [Secretary of Defense Donald] Rumsfeld, folks out at Langley, some very senior folks.” [USA Today, 6/17/2004]
The Joint Personnel Recovery Agency (JPRA) sends a team to Iraq to train interrogators in harsh, SERE-derived methods of interrogation (see December 2001, January 2002 and After, July 2002, and July 1-2, 2002). JPRA personnel demonstrate a number of methods to Special Military Unit (SMU) personnel, including “walling” (see May 10, 2005) and particular methods of physically striking detainees. JPRA personnel are present at several interrogations where detainees are placed in stress positions and repeatedly slapped. In at least one interrogation, JPRA personnel take part in abusing a prisoner, stripping him naked and giving orders to place him in a stress position for 12 hours. In August 2007, one JRPA official will tell the Senate Armed Services Committee that, in regards to stripping detainees, “we [had] done this 100 times, 1,000 times with our [SERE school] students.” [Huffington Post, 4/21/2009]
Babak Pasdar. [Source: Bat Blue]Babak Pasdar, a computer security consultant for a wireless telecommunications carrier, leads a “Rapid Deployment” team to revamp the carrier’s security on its internal network. Pasdar discovers a so-called “Quantico Circuit”—a 45 megabit-per-second DS-3 line linking the carrier’s most sensitive network to an unnamed third party. When Pasdar inquires about the circuit, the carrier’s officials become uncommunicative. Wired News will later note that Quantico is the Virginia town that hosts the FBI’s electronic surveillance operations. Pasdar later writes in an affidavit: “The circuit was tied to the organization’s core network. It had access to the billing system, text messaging, fraud detection, Web site, and pretty much all the systems in the data center without apparent restrictions.” In 2008, Pasdar will come forward with the evidence (see March 6, 2008), leading observers to believe that the carrier was providing illegal access to its customers’ information to a US government agency, perhaps the FBI. Wired News will note that Pasdar’s allegations almost perfectly mirror similar allegations made against Verizon Wireless in a 2006 lawsuit (see January 31, 2006). [Wired News, 3/6/2008]
Sheldon Bradshaw, a deputy assistant attorney general at the Justice Department’s Office of Legal Counsel (OLC), sends a memo to Roz Rettman of the Office of Management and Budget. The memo remains secret, but it concerns an unspecified piece of draft legislation. It is in response to a Freedom of Information Act Request for documents concerning the treatment of detainees. [ProPublica, 4/16/2009]
Senator Patrick Leahy responds to Department of Defense William J. Haynes’s letter of June 25, 2003 (see June 25, 2003). He asks him to explain how the standards he outlined are implemented and communicated to US soldiers and asks for assurances that other agencies, including the CIA, abide by the same standards as the US military. [Human Rights Watch, 5/7/2004]
A US military guard at the FOB [Forward Operating Base] Packhorse detention facility in Iraq fatally shoots a detainee who is throwing rocks. [Denver Post, 5/18/2004]
The Justice Department’s criminal division decides not to prosecute a CIA officer, known only as “Albert,” who intimidated al-Qaeda leader Abd al-Rahim al-Nashiri with a handgun and power drill during interrogations. The use of the gun and drill took place around late 2002 (see Between December 28, 2002 and January 1, 2003), but was not authorised by CIA headquarters. As there will be no prosecution, the department returns the matter to the CIA. [Central Intelligence Agency, 5/7/2004, pp. 42 ; Associated Press, 9/7/2010] The CIA’s inspector general will issue a report on the incidents the next month, but its conclusion is unknown (see October 29, 2003).
The legal experts at the Office of the Staff Judge Advocate (OSJA) issue a memorandum amending the set of interrogation rules included in a September 10 memo (see September 10, 2003) by military legal experts in Iraq. The additional methods included in that memo can only be used with prior approval by Lieutenant General Ricardo Sanchez on a case-by-case basis, the OSJA document says. [US Department of Defense, 8/23/2004 ] Like Major General Geoffrey Miller, the OSJA stresses the importance of collaboration between MPs and intelligence personnel. It also provides “safeguards such as legal reviews of the interrogation plans and scrutiny of how they were carried out,” the Washington Post later reports. [Washington Post, 6/12/2004] Additionally, the memo discusses how the Arab fear of dogs can be exploited. [US Department of Defense, 8/23/2004 ] According to a later report (see August 25, 2004) by General George R. Fay, interrogators at Abu Ghraib immediately adopt the new set of rules. But Staff Judge Advocate Colonel Mark Warren will recall that the memo is not implemented until its approval by the US Central Command (CENTCOM). [US Department of Defense, 8/23/2004 ] Evidence, however, supports the Fay report. “After mid-September 2003,” Fay will write, “all [s]oldiers assigned to Abu Ghraib had to read a memorandum titled IROE [Interrogations Rules of Engagement], acknowledging they understood the ICRP, and sign a confirmation sheet indicating they had read and understood the ICRP.” [US Department of Defense, 8/23/2004 ] According to classified documents uncovered by the Senate Armed Services Committee (see April 21, 2009), CENTCOM lawyers begin objecting to the policies almost immediately. One e-mail, from a CENTCOM lawyer to a Staff Judge Advocate, warns, “Many of the techniques appear to violate [Geneva Conventions] III and IV and should not be used.” [Huffington Post, 4/21/2009]
Private Alyssa Peterson. [Source: Arizona Daily Sun]Private Alyssa Peterson, deployed as an Arabic-speaking interrogator in Iraq, commits suicide rather than participate in torturing Iraqi prisoners. Peterson, from Flagstaff, Arizona, serves with the 311th Military Intelligence Unit, a part of the 101st Airborne, at an American air base in Tal Afar. Her death is initially cited as an accident resulting from a “non-hostile weapons discharge,” a not uncommon citation. Shortly after her death, Army officials tell the Arizona Republic that “a number of possible scenarios are being considered, including Peterson’s own weapon discharging, the weapon of another soldier discharging, or the accidental shooting of Peterson by an Iraqi civilian.” In 2005, reporter Kevin Elston will probe more deeply into Peterson’s death; documents released under the Freedom of Information Act will show that, according to Elston’s report for radio station KNAU: “Peterson objected to the interrogation techniques used on prisoners. She refused to participate after only two nights working in the unit known as the cage. Army spokespersons for her unit have refused to describe the interrogation techniques Alyssa objected to. They say all records of those techniques have now been destroyed.” Official records show that Peterson had been “reprimanded” for showing “empathy” for the prisoners. The report of her death states, “She said that she did not know how to be two people; she… could not be one person in the cage and another outside the wire.” She was reassigned to gate duty, and sent to suicide prevention training, but, the report reads, “[O]n the night of September 15th, 2003, Army investigators concluded she shot and killed herself with her service rifle.” A notebook is found next to her body, but its contents are entirely redacted. Peterson also leaves a suicide note, which Elston will be unable to obtain. After reviewing the records documenting the circumstances of her death, Elston will say: “The reactions to the suicide were that she was having a difficult time separating her personal feelings from her professional duties. That was the consistent point in the testimonies, that she objected to the interrogation techniques, without describing what those techniques were.” Peterson’s parents will not be told of their daughter’s suicide for three years, but are told merely that she died as a result of an accident. [Huffington Post, 4/24/2009] In 2009, reporter and author Greg Mitchell will interview former Sergeant Kayla Williams, an Army interpreter who served briefly with Peterson at Tal Afar. Williams, like Peterson, objected to abusive techniques being used on prisoners, and is eventually transferred to different duties (see Late September 2003). Williams will note that there are probably more factors involved in Peterson’s suicide than her revulsion to torture. “It’s always a bunch of things coming together to the point you feel so overwhelmed that there’s no way out,” Williams will say. “I witnessed abuse, I felt uncomfortable with it, but I didn’t kill myself, because I could see the bigger context. I felt a lot of angst about whether I had an obligation to report it, and had any way to report it. Was it classified? Who should I turn to?… It also made me think, what are we as humans, that we do this to each other? It made me question my humanity and the humanity of all Americans. It was difficult, and to this day I can no longer think I am a really good person and will do the right thing in the right situation.” Mitchell will write, “Such an experience might have been truly shattering to the deeply religious Peterson.” [Huffington Post, 4/24/2009]
The interrogations at Abu Ghraib are taken over by the special access program, “Copper Green”
(see Late 2001-Early 2002).
“Hard-core special operatives, some of them with aliases,” are sent to the prison. SAP operatives, CIA operatives, civilian contractors, and officers from the 205th Military Brigade are now in charge. At their request, MPs of the 372nd Military Police Brigade “soften up” prisoners by subjecting them to intense physical, mental, and sexual abuse. Brig. Gen. Janis Karpinski, the commander of the 800th Military Police Brigade, who is presumably in charge of Iraq’s prisons and detention camps, does not understand what is going on at Abu Ghraib. “I thought most of the civilians there were interpreters, but there were some civilians that I didn’t know,” Karpinski will later explain to Seymour Hersh. “I called them the disappearing ghosts. I’d seen them once in a while at Abu Ghraib and then I’d see them months later. They were nice—they’d always call out to me and say, ‘Hey, remember me? How are you doing?’ [They were] always bringing in somebody for interrogation or waiting to collect somebody going out.” But the CIA quickly grows weary of the program. A former intelligence official will later explain to Hersh: “They said, ‘No way. We signed up for the core program in Afghanistan—pre-approved for operations against high-value terrorist targets—and now you want to use it for cabdrivers, brothers-in-law, and people pulled off the streets.’… The CIA’s legal people objected” and ended the SAP program at Abu Ghraib. [New Yorker, 5/24/2004]
Steven L. Jordan. [Source: Associated Press]Lt. Col. Steven L. Jordan arrives at the Abu Ghraib prison compound in Iraq and is appointed as the director of the Joint Interrogation and Debriefing Center (JDIC). Jordon, an inexperienced military officer, will leave the “actual management, organization, and leadership of the core of his responsibilities” to Maj. Michael D. Thompson and Capt. Carolyn A. Wood, an investigation will later conclude. [US Department of Defense, 8/23/2004 ]
Abdullah Almalki. [Source: Tom Hanson / Canadian Press]A month after his transfer to the Sednaya prison in Syria (see August 19, 2003), Maher Arar meets another prisoner he recognizes as Abdullah Almalki, the man he was questioned about a year before (see September 26, 2002) in New York. “His head was shaved, and he was very, very thin and pale. He was very weak.” Almalki is in far worse shape than Arar. “He told me he had also been at the Palestine Branch, and that he had also been in a grave like I had been except he had been in it longer. He told me he had been severely tortured with the tire, and the cable. He was also hanged upside down. He was tortured much worse than me. He had also been tortured when he was brought to Sednaya, so that was only two weeks before.” [CBC News, 11/26/2004]
A delegation from the International Committee of the Red Cross (ICRC) interviews a 61-year-old Iraqi who has been imprisoned in Camp Bucca. The elderly man tells the ICRC that at the time of his arrest, he was “tied, hooded, and forced to sit on the hot surface of what he surmised to be the engine of a vehicle….” The ICRC verifies his account noting that the presence of “large crusted lesions” on his buttocks were consistent with his allegation. [International Committee of the Red Cross, 2/24/2004 ]
At Camp Bucca in Iraq, a Coalition soldier shoots a prisoner who is throwing stones. A February 2004 International Committee of the Red Cross report (see February 24, 2004) will recount: “Following unrest in a section of the camp one person deprived of his liberty, allegedly throwing stones, was fired upon by a guard in a watchtower. He suffered a gunshot wound to the upper part of the chest, the bullet passed through the chest and exited form [sic] the back…. An ICRC delegate and interpreter witnessed most of the events. At no point did the persons deprived of their liberty, and the victim shot at, appear to pose a serious threat to the life or security of the guards who could have responded to the situation with less brutal measures. The shooting showed a clear disregard for human life and security of the persons deprived of their liberty.” [International Committee of the Red Cross, 2/24/2004 ]
Kayla Williams. [Source: Bowling Green State University]Sergeant Kayla Williams, an Army interpreter, witnesses prisoners being abused while being detained in Mosul. Williams is troubled by the death of an acquaintance, Private Alyssa Peterson, who actually committed suicide rather than take part in the torture of prisoners (see September 15, 2003 and After). Williams witnesses an incident that closely parallels the kind of interrogation Peterson objected to. She is taken into a special holding area called “the cage,” where she sees US soldiers punching a naked detainee in the face and burning him with lit cigarettes. There is no interrogation, just the brutalization of a prisoner. Williams will later write: “It’s one thing to make fun of someone and attempt to humiliate him. With words. That’s one thing. But flicking lit cigarettes at somebody—like burning him—that’s illegal.” She will later write that soldiers will soon tell her that “the old rules no longer applied because this was a different world. This was a new kind of war.” In 2005, Williams will recall the incident on CNN: “I was asked to assist. And what I saw was that individuals who were doing interrogations had slipped over a line and were really doing things that were inappropriate. There were prisoners that were burned with lit cigarettes. They stripped prisoners naked and then removed their blindfolds so that I was the first thing they saw. And then we were supposed to mock them and degrade their manhood. And it really didn’t seem to make a lot of sense to me. I didn’t know if this was standard. But it did not seem to work. And it really made me feel like we were losing that crucial moral higher ground, and we weren’t behaving in the way that Americans are supposed to behave.” After that session and several others that same day, she tells a superior officer that she will not take part in future interrogations. “I sat through it at the time,” she will recall. “But after it was over I did approach the non-commissioned officer in charge and told him I think you may be violating the Geneva Conventions.… He said he knew and I said I wouldn’t participate again and he respected that, but I was really, really stunned.” In 2009, Williams will say: “In general, interrogation is not fun, even if you follow the rules. And I didn’t see any good intelligence being gained. The other problem is that, in situations like that, you have people that are not terrorists being picked up, and being questioned. And, if you treat an innocent person like that, they walk out a terrorist.” [Huffington Post, 4/24/2009]
An Abu Ghraib detainee’s head hitting a wall on a different occasion. This takes place on December 2, 2003. [Source: Public domain]At Abu Ghraib, MP Cpl. Charles Graner is seen pushing a detainee into a wall, inflicting a 2.5 inch laceration on the detainee’s chin. A medic, Sgt. Neil A. Wallin, who claims he is not aware of the cause of the cut, gives him 13 stitches. [US Department of Defense, 8/23/2004 ]
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