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An Albanian government is declared under Omer Prizreni at Prizren. This comes about because the Ottomans refuse to grant Albanian autonomy, so the League of Prizren forms a parallel government and removes Ottoman officials. Earlier, the Ottomans had considered creating an Albanian unit, including Albania, Kosova, Macedonia, and Bulgarian areas, as a counterweight to Slavic demands. After the declaration, the Ottoman military restores control and the League’s leader Abdyl Frasheri is arrested in Elbasan and taken to Prizren in shackles. He will be sentenced to death, but, after three years of imprisonment there, he will be moved to Anatolia. However, he will also be elected to the Ottoman parliament. This mirrors the sentences given to other Albanian leaders. [Kola, 2003, pp. 9-10]
In accord with the Vienna pact, Germany takes Trepca for its mines, as well as the Lab, Vucitrn, and Dezevo (Novi Pazar) districts, creating a territory called the Kosovo Department. Security forces composed of, and led by, Albanians are formed—a gendarmerie of about 1,000 and about 1,000 irregulars, called the Vulnetara. Bulgaria annexes the Gnjilane, Kacanik, and Vitin districts. Italy takes much of Kosovo and the towns of Debar, Tetovo, Gostivar, and Struga, about 11,780 square kilometers and 820,000 people. In May this area is merged with Albania, occupied by Italy on April 7, 1939. Albanian forces are raised by the Italian army, Albanian is spoken in government and education for the first time, and the Albanian flag flies in Italian Kosovo. Albanians are able to freely travel through Albanian areas. Serbs and Montenegrins are imprisoned, deported for forced labor, or killed by occupation forces. Many are deported to Pristina and Mitrovica to labor in the mines of Trepca, or to Albania for construction. According to Serbs, Albanian attacks, generally against settlers, force about 10,000 Slavic families to leave Kosovo. Collaboration and resistance groups form throughout the occupied Balkans. [Vickers, 1998, pp. 121-122; Kola, 2003, pp. 22-23]
The Communist Party of Albania (CPA) is created at a conference of the main Albanian communist organizations, the Korca Group, Shkodra Group, and Youth Group. There are 15 Albanian communists and two members of the Communist Party of Yugoslavia at the meeting. A few months earlier, communist operative Dusan Mugosa arrived in Albania seeking help in liberating Miladin Popovic, a Montenegrin who leads the Provincial Committee of the Communist Party of Yugoslavia (CPY) for Kosova, from an internment camp set up by Italian forces in central Albania. Korca Group member Enver Hoxha led the successful rescue attempt and Popovic was asked to remain in Albania and the CPY agreed, also stationing Mugosa there. The CPA is formed on November 8 and a leaderless Provisional Central Committee is elected. The CPA pledges “to fight for the national independence of the Albanian people and for a people’s democratic government in an Albania free from fascism,” by armed struggle, united with “all the honest Albanians who want to fight fascism,” and promoting “love and close militant collaboration” with neighboring nationalities. The role of the CPY in creating the CPA will become an issue of contention. CPY sources and anti-communists will claim the CPA is created and run by Popovic. Hoxha will later say there is no interparty communication until 1942 and that Popovic will deny credit for the CPA in 1943 when Blazo Jovanovic, representing the Central Committee of the CPY, claims the CPY created it. On the other hand, CPA Political Bureau member Liri Gega will later say Popovic led the CPA, and member Pandi Kristo will say the two Yugoslavs created the CPA. Gega and Kristo will be in the pro-CPY faction after the war and lose their positions when Albania breaks with Yugoslavia. Koco Tashko, leader of the Korca Group, will later say he turned leadership of his organization over to Mugosa and Popovic. The CPA will later be re-named the Party of Labor of Albania. [Kola, 2003, pp. 25-27]
Entity Tags: Youth Group, Enver Hoxha, Dusan Mugosa, Blazo Jovanovic, Koco Tashko, Korca Group, League of Communists of Yugoslavia, Liri Gega, Shkodra Group, Provincial Committee of the CPY for Kosova, Party of Labor of Albania, Pandi Kristo, Miladin Popovic
Timeline Tags: Kosovar Albanian Struggle
Yugoslav historian Vaso Cubrilovic writes another memorandum, The Problem of Minorities in the New Yugoslavia, and says that, to establish peace, Yugoslavia must be “ethnically pure,” because the issue of minorities creates conflicts with neighboring countries. Cubrilovic calls for the removal of Yugoslav Germans, Hungarians, Albanians, Italians, and Romanians, who “deserved to lose their civil rights in this country.” He says the military should be used to remove national minorities “from those territories which we desire to populate with our own national element in a planned and merciless way,” including denial of rights, taking of property, and internment, especially targeting intellectuals and the rich. Subsequently, Cubrilovic is given a post in the Yugoslav government. The Yugoslav government sponsored previous studies. In 1939 well-known Yugoslav writer Ivo Andric, at the time a diplomat, and Ivan Vukotic proposed that Albania be divided with Italy, so Yugoslav Albanians would not have a national state to focus on. In 1941, lawyer Stevan Moljevic released Homogeneous Serbia, calling for another round of deportations of Yugoslav Albanians to Turkey or Albania. Subsequently, from the 1950s to the 1970s, Yugoslav Albanians will be encouraged to identify as Turkish, through the establishment of Turkish language schools and media. The Albanian population will also be intimidated by the security forces. An agreement will be concluded with Turkey in 1953 under which Turkey will accept deported Yugoslav Albanians. [Kola, 2003, pp. 103-105]
The Central Committee of the CPA convenes at Berat for its Second Plenum, along with CPY representative Velimir Stoinic. Sejfulla Maleshova and Pandi Kristo become CC members just before the meeting, apparently in a way that violates party rules. Along with organizational secretary Koci Xoxe, they are later accused of conspiring with Stoinic to attack the CPA. Some charges are that the CPA is not communist and that it acts both sectarian and opportunist. Liri Gega is removed from the Central Committee “for sectarianism and pronounced adventurism,” and those individual charges are said to come from the entire party’s policy. Maleshova says the CPA is becoming a terrorist “band of criminals,” for actions like the execution of Mustafa Gjinishi, one of the CPA’s representatives at the Mukje meeting. Xoxe says “a gang of four,” starting with Miladin Popovic, lead the CPA. Stoinic also criticizes the CPA and says: “You are small, a good bite for imperialism. You can’t hold power without Yugoslavia, especially present-day Yugoslavia.” Therefore, the two countries should have close links: “Their exact shape cannot be revealed at this conference, but let the link be confederal or closer than that. This is your perspective, this is what you should inculcate in people’s minds.” This is the first time the CPY’s wish to join the two countries is mentioned in public. Stoinic also says Tito should be praised more. Relying on documents published after capitalism is restored in Albania, Paulin Kola will later say that Hoxha and the rest of the CPA completely accepted the criticisms, and that Hoxha also blamed Popovic and Dusan Mugosa of the CPY, but Hoxha’s memoirs say that he rejected the charges against the CPA. The Central Committee is also enlarged by 18 at the Berat Plenum. [PLA, 1971, pp. 227-231; Kola, 2003, pp. 58-61]
Entity Tags: Enver Hoxha, Dusan Mugosa, Albania, Koci Xoxe, Velimir Stoinic, League of Communists of Yugoslavia, Yugoslavia, Sejfulla Maleshova, Miladin Popovic, Paulin Kola, Pandi Kristo, Party of Labor of Albania, Mustafa Gjinishi
Timeline Tags: Kosovar Albanian Struggle
Albania is allowed to participate in the Paris Peace Conference, regarding the post-war settlements between the Allies and Italy, Bulgaria, Romania, Hungary, and Finland, but is not a full participant, instead being classed with Austria. The Albanian government argues that it was a full member of the Allied effort, fielding 70,000 Albanian Partisans, including 6,000 women, against around 100,000 Italians and 70,000 Germans. It says Italy and Germany suffered 53,639 casualties and prisoners and lost 100 armored vehicles, 1,334 artillery pieces, 1,934 trucks, and 2,855 machine guns destroyed or taken in Albania. Out of its population of one million, Albania says 28,000 were killed, 12,600 wounded, 10,000 were political prisoners, and 35,000 were made to do forced labor. Albania says 850 out of 2,500 of its communities were destroyed by the war.
Disputed by Greece - To oppose Albania’s demands, Greece argues that Albania is at war with it. Greece also claims Gjirokastra and Korca, south of the Shkumbin River, and there is some fighting along the border. By 11 votes to seven, with two abstentions, the conference votes to discuss Greece’s territorial claims. Italian King Victor Emmanuel III blames Albania for the invasion of Greece, and Greece points to a declaration of war by the Albanian occupation government after Daut Hoxha was found murdered at the border in summer 1940.
Hoxha's Address - Enver Hoxha addresses the conference. He points to hundreds of Albanians conscripted by Italy who deserted or joined the Greeks, who then treated them as POWs. Many were later sent to Crete and joined British forces who landed there. Others joined the Albanian Partisans or were captured by Italy, court-martialed for “high treason,” and imprisoned in the Shijak concentration camp. There are other cases of attacks on Italian forces by Albanian soldiers. Hoxha also mentions attacks on Albania by Greeks, such as the over 50 homes in Konispol burned by German soldiers guided by a captain under Greek collaborationist General Napoleon Zervas on September 8, 1943. His forces also joined German forces in their winter 1943-44 Albanian offensive. They invaded and burned again in June 1944. Hoxha refutes Greek claims that Albania is treading on the rights of the Greek minority, which Albania numbers at 35,000. There are 79 schools using Greek, one secondary school, autonomous Greek local government, and Greeks in the government and military. Between 1913 and 1923, Hoxha claims there were 60,000 Albanians in Greece, 35,000 of whom were classified as Turks and deported to Turkey in exchange for Turkish Greeks. In June 1944 and March 1945 Zervas’ forces attacked Greek Albanians, and at least 20,000 fled to Albania. Hoxha will later say that what Albania terms the “monarcho-fascist” Greek government commits 683 military provocations against Albania from its founding to October 15, 1948. Hoxha claims the Greek prime minister tells a Yugoslav official at the Peace Conference that he is open to dividing Albania with Yugoslavia, but Yugoslavia refuses. Hoxha tells the conference, “We solemnly declare that within our present borders there is not one square inch of foreign soil, and we will never permit anyone to encroach upon them, for to us they are sacred.” Italy is accused of harboring Albanian and Italian war criminals, including “fascists” who assassinated an Albanian sergeant at the Allied Mediterranean High Command in Bari in March. The Italian politicians are accused of threatening Albania during recent elections. In conclusion, Hoxha asks that the Peace Conference further limit Italy’s post-war military, claims Italy committed 3,544,232,626 gold francs worth of damage in Albania, and Albania wants to be classified as an “associated power.”
US, British Opposition - These requests are opposed by the UK and US. Albania afterward considers its share of the reparations to be too low. The UK and US will later oppose Albanian participation in the Moscow conference on peace with Germany, held in March-April 1947. An American delegate will say: “We are of the opinion that, first, Albania is not a neighbor of Germany, and second, it did not take part in the war against Germany. Only some individual Albanians, perhaps, took part in this war, but apart from this there were also Albanians who fought side by side with the Germans.” [PLA, 1971, pp. 258; Hoxha, 1974, pp. 539-542, 593-614; Hoxha, 1975, pp. 90-91, 99]
Entity Tags: Turkey, Greece, Germany, Enver Hoxha, Daut Hoxha, Albanian Partisans, Albania, Italy, Napoleon Zervas, Victor Emmanuel III, Union of Soviet Socialist Republics, Yugoslavia, United States of America, United Kingdom
Timeline Tags: Kosovar Albanian Struggle
In what Albania considers another Anglo-American plot to prepare the way for intervention, about 450 counterrevolutionaries organized in three forces again assault the city of Shkodra in northwest Albania. The attack is defeated by the military within hours, killing 33 rebels. Eight leaders are tried in a military court and shot, and 200 others are tried, but some are later released. The government also links the attack to an anti-government group in the legislature. [Hoxha, 1975, pp. 83, 103]
At the Eighth Plenum of the Communist Party of Albania’s Central Committee, Yugoslavia’s criticism of the CPA and the Yugoslav plan to accelerate unification are endorsed. Koci Xoxe, as interior minister and the CPA’s organizational secretary, uses his power to threaten, remove, or arrest people. Mehmet Shehu is barred from the meeting. In an unusual turn, there is no report to the Plenum, other than what Prime Minister and CPA General Secretary Enver Hoxha will call “a so-called conclusion of a meeting of the Political Bureau,” presented by Xoxe. According to Hoxha, Xoxe conspires with Xhoxhi Blushi, Nesti Kerenxhi, Pellumb Dishnica, Tahir Kadare, Gjin Marku, and others, who turn the meeting from questions of substance to reviewing alleged misconduct by the recently deceased Economy Minister Nako Spiru and others. Hoxha does accept some of the criticisms of Spiru, Liri Belishova (Spiru’s wife), and Shehu; many years later Belishova and later Shehu will be charged with treason. At the Plenum, it is implied that Hoxha allowed Spiru to act. Xoxe and Pandi Kristo urge the Plenum to expand its criticism of the leadership, but Hoxha will later say his clean record prevented attack, and he makes few comments. According to Hoxha, Xoxe comes close to accusing him of leading a faction with Spiru. Nonetheless, Hoxha later says that he thinks the majority in the CPA and Albania do not approve of the Plenum’s conclusions. The Political Bureau is enlarged. A committee is formed to draft a resolution to be approved at a later Plenum.
Results of the Plenum - According to the official party history, Xoxe uses intimidation and surveillance to control the party and plans to execute opponents, weakens mass organizations such as the unions, and wants to abolish the Communist Youth Organization, formerly headed by Spiru. Yugoslav advisers become unquestionable. The Co-ordination Commission becomes “almost a second government,” and joint companies come under Yugoslav control. Fraternization is encouraged to make unification look like a popular demand. Hoxha prevents Xoxe from expelling all Soviet advisers, merging the Albanian military with the Yugoslav military, and unifying the countries. Subsequently Savo Zlatic, Xoxe, Kristo, and Themelko will say the Soviet advisers are generally no longer needed, but Hoxha, Hysni Kapo, and Gogo Nushi are able to keep them in the country. Yugoslavia wants Albania to request unification, and the Political Bureau decides to ask for clarification from Yugoslavia and the USSR leadership.
Varying Accounts - According to Albanian academic Paulin Kola, Hoxha will endorse federation at a Political Bureau meeting on March 14 and say that was the plan from the beginning, and is ready for formal announcement. Kola will portray both Hoxha and Xoxe as pro-Yugoslav and pro-Soviet. [PLA, 1971, pp. 314-317; Hoxha, 1982, pp. 446-469; Kola, 2003, pp. 92]
Entity Tags: Nako Spiru, Nesti Kerenxhi, Enver Hoxha, Mehmet Shehu, Liri Belishova, Kristo Themelko, Pandi Kristo, Hysni Kapo, Koci Xoxe, Party of Labor of Albania, Paulin Kola, Pellumb Dishnica, Yugoslavia, Albania, Albanian Communist Youth Organization, Xhoxhi Blushi, Union of Soviet Socialist Republics, Gogo Nushi, Savo Zlatic, Tahir Kadare, Gjin Marku
Timeline Tags: Kosovar Albanian Struggle
President Nixon and Chief of Staff H. R. Haldeman decide to cut campaign chairman John Mitchell loose to try to stymie the Watergate investigation. (Two days before, Nixon had said he would rather lose the 1972 election than let Mitchell take any blame for the Watergate conspiracy.) Mitchell will resign as head of the Nixon re-election campaign (see July 1, 1972), for personal reasons having to do with the illness and instability of his wife Martha, they decide (see June 22-25, 1972). Nixon calls it “a beautiful opportunity” for Mitchell to gain sympathy—“you know, it’s kind of like the Duke of Windsor giving up the throne for the woman he loves, this sort of stuff.” [Reeves, 2001, pp. 570-571]
Former attorney general John Mitchell resigns as the head of the Committee to Re-elect the President (CREEP). Mitchell says he is resigning at the insistence of his wife. Washington Post metropolitan editor Harry Rosenfeld is not so sure. “A man like John Mitchell doesn’t give up all that power for his wife,” he muses. Rosenfeld is more right than he knows (see June 28, 1972). [Bernstein and Woodward, 1974, pp. 30]
Vacationing in his Key Biscayne, Florida home, President Nixon calls chief of staff H. R. Haldeman and senior aide John Ehrlichman. He tells Haldeman: “You’re doing the right thing [by resigning—see April 16-17, 1973 and April 30, 1973]. That’s what I used to think when I killed some innocent children in Hanoi.” He also speaks to White House counsel John Dean. Dean will later say that Nixon tells him, “You’re still my counsel.” [Reeves, 2001, pp. 594]
Jeb Magruder. [Source: Southern Methodist University]Jeb Magruder, the former deputy chairman of the Nixon re-election campaign, pleads guilty to obstruction of justice. He will be sentenced to between ten months and four years in federal prison. [O.T. Jacobson, 7/5/1974 ]
Philip Lacovara, a lawyer on Leon Jaworski’s Watergate prosecution staff, is adamant in pushing for an indictment against Richard Nixon (see August 22, 1974). Lacovara is a Goldwater conservative among a coterie of liberals and moderates; it is his role to interpret the team’s duties and responsibilities in light of the Constitution. As such, his recommendations carry weight. Jaworski is also discussing legal strategies with Herbert “Jack” Miller, Nixon’s lawyer, who intends to argue that Nixon cannot be given a fair trial by an impartial jury due to the incredible media coverage of the Watergate conspiracy (see Late August 1974). Jaworski’s prosecutors are solidly behind Lacovara in demanding that Nixon be indicted. “To do otherwise,” prosecutors Richard Ben-Veniste and George Frampton will later write, “was to admit that the enormity of Nixon’s crimes and the importance of his office automatically guaranteed him immunity from prosecution.” [Werth, 2006, pp. 207-208]
Former Nixon White House counsel Leonard Garment, now working for President Ford, meets with former Supreme Court Justice Abe Fortas to further his case for pardoning Richard Nixon. Garment has already spoken to a number of journalists who believe the time has come for a pardon. Garment asks Fortas if Nixon should be pardoned; Fortas says he should. This, Fortas says, is “Ecclesiastes time,” a time to cast away stones and to heal. A public prosecution of Nixon would be a “horror,” Fortas muses. Garment phones Ford’s chief of staff Alexander Haig, who is pushing the case for a pardon from within the White House, and Haig gives Garment permission to meet with Ford and make his case. [Werth, 2006, pp. 206-207]
Mahmut Bakalli, president of the League of Communists’ Kosovo Provincial Committee, resigns and is replaced by Veli Deva, also a Kosovar Albanian. Bakalli is blamed for not seeing a series of demonstrations that have rocked the province coming, although at a committee meeting on March 8 he did say there was a lack of basic goods and that conditions had to be alleviated for those without jobs or with low wages, as well as students. The next month another senior official resigns and in all six of the nine committee members leave their positions. In his last speech, Bakalli blames “subversive propaganda” from Albania, and says letting the situation get out of hand is his responsibility. In September 1981 a report by the Serbian and Kosovo committees of the League of Communists of Yugoslavia will blame Bakalli’s administration, saying it did not warn the Yugoslav and Serbian governments, though it allegedly knew the Marxist-Leninist Party of Albanians in Yugoslavia was planning demonstrations and that Albanian nationalism was increasing. Veli Deva is a former committee president and has the support of Albanians, for opposing Serb chauvinism, but is also against the Albanian government. [Vickers, 1998, pp. 201, 208; Kola, 2003, pp. 161-162]
Protesters, now including workers, farmers, police, soldiers, and members of the League of Communists of Yugoslavia, along with the students, continue to demonstrate, and in greater numbers, demanding the release of those arrested earlier and more. Some say that Kosovo should be a Yugoslav republic, instead of an autonomous province, or join Albania. Many Serbs agree with Tihomir Vlaskalic, president of the Central Committee of the Serbian LCY, who says, “We have taken it for granted that Kosovo has its own Republic in Yugoslavia—the Socialist Republic of Serbia.” On March 26, students in Pristina attack Serbs and Monenegrins, and rob and burn houses and businesses. Students in Podujeve, Vucitern, Gjakova, Gjilan, Ferizaj, and Mitrovice join in on April 1-2. Serbia calls in the Yugoslav police and army and fighting occurs during a state of emergency, prohibition on gathering, and a curfew on April 2, throughout Kosovo. Thirty thousand soldiers and tanks are deployed, which some Albanians see as an occupation. Kosovo LCY President Mahmut Bakalli urges the military and police not to guard the radio and TV studios, because it would inflame the public. The last large demonstration is the May 18 occupation of Pristina University dormitories, which is ended by police using tear gas on May 19. The university is closed and its University Council is disbanded. High school students are expelled for demonstrating. More than 1,000 LCY members will be expelled or unilaterally removed from membership, and 11 LCY basic organizations will be disbanded during the emergency measures. Two months later martial law will end, but major towns are patrolled by security forces and covert officers of the Yugoslav Ministry of the Interior afterward.
Casualties - From March 11 to April 2, nine Albanians and a Serb policeman are killed, according to the Yugoslav government. In 1989 a Yugoslav source will say the wounded include 75 Albanians (55 of whom were wounded by gunshots), three militia with serious injuries, and 127 with less serious wounds. Kosovar Albanian sources say as many as 1,000 are killed and even more hurt. Amnesty International will later say that the Serbian LCY Central Committee was told more than 300 were killed. In 1992 the Council for the Defense of Human Rights and Freedoms, located in Pristina, will find only 13 Albanians known to have been killed.
Government Countermeasures - Around 1,400 Albanians are given prison terms of up to 15 years, 3,000 given sentences of up to three months in prison, and 6,000 are otherwise punished. During the summer break, almost 300 students are given trials as brief as a few hours, and given up to 15-year prison terms. In June, the government says 506 people were summarily fined or jailed for up to 60 days under the Code for Petty Offenses. By August 31, another 245 people are given one to 15-year prison terms by the federal authorities and 60 people are convicted in September. The education minister of Croatia and other Croatian and Slovenian authorities will say Serbia should be less draconian. Many professors will be blacklisted in the Komunist magazine. The Kosovo Committee of the LCY calls for a 10 percent smaller student body at Pristina University and dispersal of some departments elsewhere in the province. When the fall semester begins in September, Albanian history, literature, language, culture, and art courses will be censored. Translated Serbian textbooks replace uniformly banned textbooks from Albania. The number of Albanian students, and their former quota of two-thirds of the student body, will be reduced annually.
Continuing Unrest - For years after spring 1981, government offices, monuments, and Serb graves will be vandalized and subversive literature circulated in Kosovo, western Macedonia, and parts of Montenegro. Slavs will begin to leave Kosovo out of intimidation rather than for economic reasons, and refer to threats, attacks, murder, arson, and vandalism. Many settle in Smederevo, Kragujevac, Nis, Kraljevo, Svetozarevo, and Belgrade. Belgrade residents insultingly call them Vrcani, and reportedly Slavs from Kosovo are considered tainted by association with Albanians. [Vickers, 1998, pp. 197 - 209, 212-213; Kola, 2003, pp. 157-158, 162]
The Party of Labor of Albania’s newspaper, Zeri i Popullit, prints an article on April 8, condemning Yugoslavia’s police actions and the treatment of Yugoslav Albanians, and supporting the protest demands. It also says, “The London and Versailles Treaties, which settled the frontiers between Yugoslavia and Albania, can no longer be imposed to the detriment of the Albanian people.” PLA First Secretary Enver Hoxha may be the anonymous author of the article. A Zeri i Popullit article two weeks later says hundreds were killed, wounded, missing, or arrested, and that it is Albania’s right to condemn Yugoslavia’s repeated actions, which it has not done officially. Zeri i Popullit points to Yugoslavia’s charges about the treatment of Croats and Slovenes across its border in Carinthia, which the article compares to Albanian concerns about Kosovar Albanians. Albania denies seeking to annex Kosova. The Yugoslav government sees these articles as evidence that Albania is behind the demonstrations, after initially blaming domestic and Western sources. As a result, previously increasing economic and cultural cooperation between the two countries will be reduced. On April 29, Lazar Kolisevski, a member of the Yugoslav Presidency, presents a report to a meeting of the Presidency and the Federal Council for the Protection of the Constitutional Order, charging that the PLA caused the demonstrations, which were “hostile and counter-revolutionary,” and sought unification with Albania. Kolisevski calls nationalism the greatest threat to Yugoslavia and says “economic nationalism,” economic divisions between groups in Yugoslavia, is the main cause of friction, which a Zeri i Popullit article also pointed out.
Allegedly PLA-Linked Kosovar Groups - Several allegedly PLA-linked organizations will be blamed for the protests: the Revolutionary Movement of Albanian Unification (whose leader, Adam Demaci, has been in jail since 1975), the Red Popular Front (considered closer to the PLA), eight “irredentist” groups arrested before the events, and the Albanian Communist Marxist-Leninist Party in Yugoslavia (represented at the 8th Congress of the PLA, in September 1981, and having almost the same program as the PLA). Besides these “extremists,” Kosovo President Xhavid Nimami blames “Ballists” led by Abaz Ermeni and “Zogists” led by Leka Zog, Zog I’s son, and equates calls for “united Albanians” to “United Serbs,” etc., saying they would destroy Yugoslavia. In 1997 an anonymous high-ranking official will allege that a meeting of officials and professors was held in Tirana to propose inciting Kosovars to seek more rights. Albanian anti-communist scholar Paulin Kola will suggest that this was done to distract Albanians from economic problems caused by the break in relations with China in the late ‘70s. Others will allege that Albania’s Sigurimi security agency organized the demonstrations, through ties with Albanians in Western Europe, especially Switzerland. Some Kosovars will say they received support from Albanians, but not from the Albanian government. Kola will point to the alleged role of the ex-communist Socialist Party of Albania in the formation of the KLA in the ‘90s as evidence that Albania was behind the 1981 events. In 1992-1993 and 2001 interviews, Xhafer Shatri will tell Kola that he thought the March 1981 demonstrations were unplanned. On the other hand, Albania benefits from trade with Yugoslavia and Yugoslavia acts as a buffer against the USSR. Albania will repatriate 249 Kosovar Albanian asylum seekers back to Yugoslavia from 1981 to 1983.
Alleged Soviet Involvement - In late April, Yugoslavia’s Fadil Hoxha says “Greater Albanian nationalism” would destabilize the Balkans as much as other nationalisms, and implies that the USSR wants to destabilize the Balkans to undermine the Non-Aligned Movement. In June, Zeri i Popullit will accuse the USSR of trying to use Serbia’s crackdown to cause problems in the Balkans and NATO. [Vickers, 1998, pp. 202-207, 211-212; Kola, 2003, pp. 158-160, 163]
Entity Tags: North Atlantic Treaty Organization, Non-Aligned Movement, Leka Zog, League of Communists of Yugoslavia, Lazar Kolisevski, Kosovo Liberation Army, Adem Demaci, Enver Hoxha, Fadil Hoxha, Party of Labor of Albania, Red Popular Front, Revolutionary Movement of Albanian Unification, Yugoslavia, Zeri i Popullit, Abaz Ermeni, Albania, Xhavid Nimami, Union of Soviet Socialist Republics, Xhafer Shatri, Sigurimi, Socialist Party of Albania, Ahmet Zog I
Timeline Tags: Kosovar Albanian Struggle
Jusuf Gervalla, founder of the Movement for the National Liberation of Kosova (MNLK), his brother Bardhosh Gervalla, and Kadri Zeka, leader of the Group of Marxist-Leninists of Kosova (GMLK), are shot to death following a meeting near Stuttgart, which some say is about finalizing an alliance between the groups. The MNLK and GMLK are the primary pro-Hoxha communist dissident groups in Kosovo province, and were discovered and hunted for by the police following the unrest in 1981. Subsequently those behind the assassination will remain unidentified; Albania will blame the Yugoslavs and the Yugoslavs will say Albania did it, to gain control and ideological dominance in the Kosovar struggle. On the other hand, Albania at this time sees Yugoslavia as a buffer against the USSR and a valuable trade partner, following the break in relations with China. Albania returns Kosovars seeking asylum to Yugoslavia. The MNLK and GMLK are not destroyed by the killings and will subsequently be involved in the Movement for an Albanian Socialist Republic in Yugoslavia, whose leader will also fall to assassination. [Vickers, 1998, pp. 203-205; Kola, 2003, pp. 317-318]
Entity Tags: Group of Marxist-Leninists of Kosova, China, Bardhosh Gervalla, Albania, Enver Hoxha, Federal Republic of Germany, Jusuf Gervalla, Movement for the National Liberation of Kosova, Yugoslavia, Movement for an Albanian Socialist Republic in Yugoslavia, Kadri Zeka, Union of Soviet Socialist Republics
Timeline Tags: Kosovar Albanian Struggle
Financial sources inform media outlets that the Mexican government’s failure to cut its budget deficit in accordance with an IMF austerity program may jeopardize its access to $908 million worth of assistance. This news comes at about the same time as an earthquake hits Mexico that will require the government to spend even more on reconstruction, thereby increasing the deficit. The IMF says that it will not make any exception as a result of Mexico’s fiscal needs following the earthquake. [New York Times, 9/20/1985, pp. A6]
CIA cargo handler Eugene Hasenfus, in the custody of Nicaraguan officials after his transport plane filled with weapons and supplies for the Contras was shot down (see October 5, 1986), publicly states that he had made ten other trips to ferry arms and supplies to the Contras. Six of those were from the Ilopango airfield in El Salvador (see Mid-September 1985). He also states that he worked closely with two CIA agents, “Max Gomez” and “Ramon Medina.” “Gomez” is actually Felix Rodriguez, who serves as the liaison between the Contras and National Security Council officer Oliver North. “Medina” is another CIA operative, Rafael Quintero. Hasenfus says that Gomez and Medina oversaw the housing for the crews, transportation, refueling, and flight plans. The same day as Hasenfus’s public statement, Nicaraguan officials reveal that one of Hasenfus’s crew members, who died in the crash, carried cards issued by the Salvadoran Air Force identifying them as US advisers. And, the Nicaraguans claim, one of the crew members had a business card identifying him as an official with the US’s Nicaraguan Humanitarian Assistance Office (NHAO—see October 1985). [Final Report of the Independent Counsel for Iran/Contra Matters: Chapter 25: United States v. Elliott Abrams: November 1986, 8/4/1993; Spartacus Schoolnet, 12/29/2007]
At the end of January, ethnic Albanians demonstrate in favor of Kosovar communist party leader Rahman Morina. This follows Morina’s refusal to meet with the Free Students, a new group calling for political reforms, the suspension of political trials, and the release of political prisoners. The protesters in January are joined by workers, and tens of thousands protest for the end of the state of emergency, for civil liberties, open elections, and for the freedom of a group of arrested miners and Azem Vllasi, who has been on trial in fits and starts since October in a courthouse ringed by tanks and off limits to diplomats and observers. Demonstrators assault trains, buses, and cars before being attacked by Serbian police, leading to more demonstrations. Academic Paulin Kola will say that 27 protesters and one officer are killed, and over 100 are wounded in all, while author Miranda Vickers will say 31 demonstrators die. The Yugoslav military intervenes and a curfew is declared in late February. However, in mid-April Serbia’s ministry of the interior takes control of Kosovo’s police, and then the Yugoslav presidency ends the emergency and curfew, and releases 108 prisoners, including the miners, Vllasi, and Adem Demaci. Demaci is a popular figure among Kosovar Albanians and advocates non-violent means. Albanian police officers are replaced by 2,500 Serbian police. [Vickers, 1998, pp. 241-243; Kola, 2003, pp. 185-186]
A federal judge drops all charges against convicted felon Oliver North (see May-June, 1989). A federal appeals court had reversed part of North’s conviction and ordered the case returned to a US District Court for the remainder of the convictions. District Judge Gerhard Gesell, who presided over the original trial that found North guilty of three felonies, drops the charges after special prosecutor Lawrence Walsh says he is forced to abandon the prosecution of North. In order to testify before the Iran-Contra hearings (see July 7-10, 1987), North was granted limited immunity from prosecution, and Walsh says prosecutors will be unable to show that North’s immunity grant did not affect his trial testimony, and the testimony of witnesses in his earlier trials. The decision by Walsh and Gesell brings to an end five years of court proceedings against North, who calls himself “fully, completely” vindicated. Last week, former National Security Adviser Robert McFarlane, North’s former superior and mentor, testified that his testimony in North’s earlier trials had been heavily influenced by North’s testimony before Congress. President Bush says: “He’s been through enough. There was an appeal. He’s been let off. Now that’s the system of justice is working.… I’m very, very pleased.” Senate Majority Leader Bob Dole (R-KS) says the Walsh investigation should be closed down entirely, saying, “What have American taxpayers received for their $50 million?” referring to some estimates of the cost of the overall inquiry. “A lot of press releases. A lot of rumor and innuendo. But little in terms of justice.” Walsh, who had opposed immunity for North from the start of the investigations in 1987, says: “This is a very, very serious warning that immunity is not to be granted lightly. Now, I have never criticized Congress. I urged them not to grant immunity, but they have the very broad political responsibility for making a judgment as to whether it’s more important that the country hear the facts quickly or that they await a prosecution.” [New York Times, 9/17/1991] An outraged New York Times editorial says that North’s claim of complete exoneration is a “wild overstatement” and calls the reversal “a serious setback for another objective of democratic government: promptly to uncover the truth in high-profile cases and to prosecute them when necessary without sacrificing the Constitution’s privilege against compelled self-incrimination.” It concludes: “Mr. North can thank his battling lawyers and a fastidious judiciary for letting him beat the rap. That remains far short, however, of exoneration.” [New York Times, 9/17/1991]
Combat engineering vehicles (CEVs) lined up outside the blazing Branch Davidian compound. [Source: PBS]The FBI and local law enforcement officials begin their planned assault on the besieged Branch Davidian compound near Waco, Texas (see 5:00 A.M. - 9:30 A.M. February 28, 1993, March 1, 1993, and April 17-18, 1993), despite indications that the Davidians inside the compound will retaliate either by firing on the gathered law enforcement officials, by torching the main residential building, or perhaps both (see April 18, 1993). [PBS Frontline, 10/1995]
Warning - At 5:55 a.m., Richard Rogers, the commander of the FBI’s Hostage Rescue Team (HRT), orders two combat engineering vehicles (CEVs, unarmed modifications of Bradley fighting vehicles and the primary means for deplying CS “riot control agent” into the main building) deployed to the main building. One minute later, senior negotiator Byron Sage telephones the residence and speaks with Davidian Steve Schneider. At 5:59, Schneider comes to the phone. Sage tells him: “We are in the process of putting tear gas into the building. This is not an assault. We will not enter the building.” Schneider replies, “You are going to spray tear gas into the building?” Sage says, “In the building… no, we are not entering the building.” At the conclusion of the conversation, Schneider or another Davidian throws the telephone out of the building. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] Minutes later, Schneider slips out, retrieves the phone, and ducks back inside. [Time, 5/3/1993]
Combat Vehicles Begin Deploying Gas, Davidians Open Fire - At 6:02 a.m., the two CEVs begin inserting CS gas into the compound, using spray nozzles attached to booms. The booms punch holes through the exterior walls of the building. The FBI uses unarmed Bradley Fighting Vehicles to deploy “ferret rounds,” military ammunition designed to release CS after penetrating a barricade such as a wall or window. As the CEVs and the Bradleys punch holes into the buildings for the deployment of the gas, Sage makes the following statement over the loudspeakers: “We are in the process of placing tear gas into the building. This is not an assault. We are not entering the building. This is not an assault. Do not fire your weapons. If you fire, fire will be returned. Do not shoot. This is not an assault. The gas you smell is a non-lethal tear gas. This gas will temporarily render the building uninhabitable. Exit the residence now and follow instructions. You are not to have anyone in the tower. The [guard] tower is off limits. No one is to be in the tower. Anyone observed to be in the tower will be considered to be an act of aggression [sic] and will be dealt with accordingly. If you come out now, you will not be harmed. Follow all instructions. Come out with your hands up. Carry nothing. Come out of the building and walk up the driveway toward the Double-E Ranch Road. Walk toward the large Red Cross flag. Follow all instructions of the FBI agents in the Bradleys. Follow all instructions. You are under arrest. This standoff is over. We do not want to hurt anyone. Follow all instructions. This is not an assault. Do not fire any weapons. We do not want anyone hurt. Gas will continue to be delivered until everyone is out of the building.” Two minutes later, Davidians begin firing on the vehicles from the windows. The gunfire from the Davidians prompts Rogers and FBI commander Jeffrey Jamar to decide to change tactics; at 6:07 a.m., the assault forces begin deploying all of the gas at once instead of dispersing it in a controlled manner over the course of 48-72 hours as originally envisioned. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996; USMC Weapons, 2002] (Jamar will later testify that before the assault even began, he was “99 percent certain” that the FBI would have to escalate its assault because the Davidians would open fire.) [House Committee on Government Reform and Oversight, 8/2/1996] As a CEV demolishes the back wall of the gymnasium area of the compound, negotiators broadcast: “David, we are facilitating you leaving the compound by enlarging the door.… Leave the building now.” [Cox News Service, 1/30/2000] Jamar will later explain that the Bradleys do not carry military weaponry. “Of course we had all the firepower removed,” he will say in a 1995 interview. “There were no cannons or anything on them. We used them for transportation. And they’re more than a personnel carrier—they’re a track vehicle. I mean it’s mud, just thick mud there the whole time. And the agents learned how to drive ‘em. But the idea was to protect them as best we could. And we didn’t know—they talked about blowing a 50—did they have rockets? Who knows? Did they have explosives buried in various vicinities? Are they prepared to run out with Molatov cocktails? What’s in their mind?” Jamar is referring to threats made by Koresh and other Davidians to blow up FBI vehicles. As for the CEVs, they are tanks modified for construction and engineering purposes, and are often used as bulldozers. Observers watching the events live on television or later on videotape will sometimes mistake the CEVs for actual tanks, though two M1A1 Abrams tanks are actually on site and take part in the assault. [PBS Frontline, 10/1995; PBS Frontline, 10/1995]
House Report: Davidians Would Certainly Consider FBI's Actions an Assault - A 1996 report by a House of Representatives investigative committee (see August 2, 1996) will note that it is almost impossible for the Davidians not to consider themselves under assault, with tank-like vehicles tearing holes in the building, CS being sprayed everywhere, grenade-like projectiles crashing through windows, men in body armor swarming around the compound, and the sounds of what seems like combat all around them. “Most people would consider this to be an attack on them—an ‘assault’ in the simplest terms,” the report will find. “If they then saw other military vehicles approaching, from which projectiles were fired through the windows of their home, most people are even more likely to believe that they were under an assault. If those vehicles then began to tear down their home there would be little doubt that they were being attacked. These events are what the Davidians inside the residence experienced on April 19, yet the FBI did not consider their actions an assault.” Moreover, the FBI did not consider the close-knit, home-centered community the Davidians have long since formed. “Their religious leader led them to believe that one day a group of outsiders, non-believers, most likely in the form of government agents, would come for them,” the report will state. “Indeed, they believed that this destiny had been predicted 2,000 years before in Biblical prophecy. Given this mindset, it can hardly be disputed that the Davidians thought they were under assault at 6 a.m. on April 19.” [House Committee on Government Reform and Oversight, 8/2/1996]
Monitoring from Washington - At 7:00 a.m., Attorney General Janet Reno and senior Justice Department and FBI officials go to the FBI situation room to monitor the assault. [PBS Frontline, 10/1995]
Buildings Breached - At 7:30 a.m., a CEV breaches the side of one of the main buildings and injects large amounts of tear gas into the interior of the compound. At 7:58 a.m., gas is fired into the second floor of the back-right corner of the building. The FBI asks for more ferret rounds, and by 9:30 a.m., 48 more ferret rounds arrive from Houston. The assault is hampered by the FBI’s dwindling supply of ferret rounds, a CEV with mechanical difficulties, and high winds dispersing the gas. Another CEV enlarges the opening in the center-front of the building, with the idea of providing an escape route for the trapped Davidians. A third CEV breaches the rear of the building, according to a later Justice Department report, “to create openings near the gymnasium.” [PBS Frontline, 10/1995]
Clinton Told Assault Progressing Well - At about 11 a.m., Reno briefs President Clinton, tells him that the assault seems to be going well, and leaves for a judicial conference in Baltimore. During this time, a CEV breaches the back side of the compound. At 11:40 a.m., the FBI fires the last of the ferret rounds into the building. At 11:45 a.m., one wall of the compound collapses. [PBS Frontline, 10/1995]
Transcriptionist Escapes - Ruth Riddle, the typist and transcriptionist sent inside the compound by the FBI to help Koresh finish his “Seven Seals” manuscript (see April 18, 1993), escapes the compound before the fire. She brings out a computer disk containing the unfinished manuscript. [Dean M. Kelley, 5/1995]
Davidians Set Fires throughout Compound - At 12:07 p.m., according to the Justice Department and House reports, the Davidians start “simultaneous fires at three or more different locations within the compound.” An FBI Hostage Rescue Team member reports seeing “a male starting a fire” in the front of the building. Later analyses show that the first fire begins in a second-floor bedroom, the second in the first floor dining room, and the third in the first floor chapel. Evidence also shows that the fires spread according to “accelerant trails,” such as a trail of flammable liquid being poured on the floor. Some of the Davidians’ clothing found in the rubble also shows traces of gasoline, kerosene, Coleman fuel (liquid petroleum, sometimes called “white gas”), and lighter fluid, further suggesting that the Davidians use accelerants to start and spread the fires. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] Within eight minutes, the main building is engulfed in flames. One explosion, probably from a propane gas tank, is observed. Later investigation will find a propane tank with its top blown off in the debris. [House Committee on Government Reform and Oversight, 8/2/1996; House Committee on Government Reform and Oversight, 8/2/1996] After the compound burns to the ground, FBI agent Bob Ricks tells reporters, “David Koresh, we believe, gave the order to commit suicide and they all willingly followed.” [New York Times, 4/20/1993] Some of the Davidians who survive the conflagration later claim that the Davidians did not start the fires, but arson investigators with the Justice Department and the Texas Rangers, as well as an independent investigator, will conclude that Davidians did indeed start the fires in at least three different areas of the main building. [PBS Frontline, 10/1995] A 1993 Treasury Department report (see Late September - October 1993) will produce audiotapes of Davidians inside the compound and transcripts of conversations, secured via electronic surveillance, discussing the means of setting the fires. Voices on the tapes and in the transcripts say such things as: “The fuel has to go all around to get started.” “Got to put enough fuel in there.” “So, we only light ‘em as they come in,” or as a slightly different version has it, “So, we only light ‘em as soon as they tell me.” Once the fires begin, high winds and the breaches in the walls cause the flames to almost immediately begin consuming the compound. [Dean M. Kelley, 5/1995] In 1999, Colonel Rodney Rawlings, the senior military liaison to the HRT, will tell reporters that he heard Koresh give the orders to start the fires over FBI surveillance “bugs” (see October 8, 1999). Sage later describes the horror that goes through him and his fellow agents when they realize that the Davidians have torched the compound. He will recall “pleading” with the Davidians to leave the compound, and say: “I can’t express the emotions that goes through you. I had to physically turn around away from the monitor to keep my mind focused on what I was trying to broadcast to those people.” He will recall being horrified by the failure of people to flee the compound. “I fully anticipated those people would come pouring out of there,” he says. “I’d been through CS teargas on numerous occasions [in training exercises]. And I would move heaven and earth to get my kids out of that kind of an environment. And that’s frankly what we were banking on. That at least the parents would remove their children from that kind of situation.” Of Koresh, he will say: “By him intentionally lighting that place afire and consuming the lives of 78 people, including over 20 young children, was just inconceivable to me. In 25 years of law enforcement I’ve never been faced with someone that was capable of doing that.” [PBS Frontline, 10/1995] Six years later, the FBI will admit to releasing two pyrotechnic grenades into the compound, but insists the grenades did not start the fires (see August 25, 1999 and After).
Plea for Release - At 12:12 p.m., Sage calls on Koresh to lead the Davidians to safety. Nine Davidians flee the compound and are arrested [PBS Frontline, 10/1995] , including one woman who leaves, attempts to return to the burning building, and tries unsuccessfully to fight off a federal agent who comes to her aid. [New York Times, 4/20/1993] One of the nine runs out of the building at around 12:28 p.m., indicating that even 21 minutes after the fire, it is possible for some of the inhabitants to make their escape. However, most of the Davidians retreat to areas in the center of the building and do not attempt to get out. [House Committee on Government Reform and Oversight, 8/2/1996]
'Systematic Gunfire' - At 12:25 p.m., FBI agents hear “systematic gunfire” coming from inside of the building; some agents believe that the Davidians are either killing themselves or each other. The House committee investigation later finds that FBI agents hear rapid-fire gunshots coming from the compound; while many of the gunshots are probably caused by exploding ammunition, “other sounds were methodical and evenly-spaced, indicating the deliberate firing of weapons.”
Fire Department Responds; Search for Survivors - At 12:41 p.m., fire trucks and firefighters begin attempting to put out the flames. HRT agents enter tunnels to search for survivors, particularly children. [Dean M. Kelley, 5/1995; PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] No fire trucks are at the scene when the assault begins, and it takes around 25 minutes for the first fire department vehicles to respond to emergency calls from their stations in Waco. Bob Sheehy, mayor of Waco, later says the city fire department “first got a call after the fire had already started.” Ricks explains that fire engines were not brought to the compound earlier for fear that firefighters might have been exposed to gunfire from the compound, and because FBI officials did not expect a fire. “We did not introduce fire to this compound, and it was not our intention that this compound be burned down. I can’t tell you the shock and the horror that all of us felt when we saw those flames coming out of there. It was, ‘Oh, my God, they’re killing themselves.’” [New York Times, 4/20/1993]
Death Toll - In all, 78 Branch Davidians, including over 20 children, two pregnant women, and Koresh himself, die in the fire. Nineteen of the dead are killed by close-range gunshot wounds. Almost all of the others either die from smoke inhalation, burns, or both. [PBS Frontline, 10/1995; House Committee on Government Reform and Oversight, 8/2/1996] The number is improperly reported in a number of media sources, and varies from 75 to 81. Even the House committee report does not cite a definitive total. [House Committee on Government Reform and Oversight, 8/2/1996] Some of the FBI negotiators involved in the siege later say that they feel continued negotiations might have saved many, perhaps all, of the lives of those inside the compound. In an interview later in the year, one negotiator tells a reporter, “I’ll always, in my own mind, feel like maybe we could have gotten some more people out.” [New Yorker, 5/15/1995] But HRT member Barry Higginbotham, one of the snipers who observes the Davidians throughout the siege, will later state that neither he nor anyone on his team believed the Davidians would ever willingly surrender. Higginbotham will say: “We just felt that if you make them suffer a little more, deny them perhaps a little more food, lighting, power, things like that inside, that would cause more pressure on their leadership inside. And perhaps their leadership would go to Koresh and pressure him to start negotiating in good faith. It was hard to believe that Koresh was ever negotiating in good faith.” [PBS Frontline, 10/1995] In the hours after the conflagration, Ricks tells reporters: “We had hoped the women would grab their children and flee. That did not occur and they bunkered down the children and allowed them to go up in flames with them.… It was truly an inferno of flames.” Ricks says that authorities receive reports, perhaps from some of the survivors, that the children had been injected with some kind of poison to ease their pain. This claim is never confirmed. [New York Times, 4/20/1993]
In the Bunker - FBI investigators combing the building after the conflagration find an enormous amount of guns and other weaponry inside. Dr. Rodney Crow, the FBI’s chief of identification services and one of the officials who examine the bodies of the Davidians, spends much of his time in the compound’s underground bunker, where many of the bodies are found. Crow later says: “There were weapons everywhere. I don’t remember moving a body that didn’t have a gun melted to it, intertwined with it, between the legs, under the arm, or in close proximity. And I’d say 18 inches to 20 inches would be close proximity.… The women were probably more immersed in the weapons than anyone else, because there was so much weaponry inside the bunker. It was like sea shells on a beach, but they were spent casings and spent bullets. If you had rubber gloves and tried to smooth it away, you’d tear your gloves away from the bullet points that are unexploded, or unspent ammunition. Then as you went through layer after layer, you came upon weapons that were totally burned. Until we got down to the floor, and it was mint condition ammunition there. Ammunition boxes not even singed.” The most powerful weapon Crow finds is a .50-caliber machine gun. Some of the bodies have gunshot wounds. Crow will say: “My theory is there was a lot of euthanasia and mercy killing. That group probably were just about as active as anywhere in the compound, mercifully putting each other out of misery in the last moments.” In total, 33 bodies are found inside the bunker; almost all the women and children found inside the compound are in the bunker. Many are found to have died from suffocation or smoke inhalation (two died from falling debris), but some died from gunshot wounds, and one woman was stabbed to death. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Local medical examiner Nizam Peerwani later says he does not believe the people in the bunker committed suicide, saying: “There has been a lot of speculation if this is a mass suicide or not. And—did they all go there to die? Ah, we don’t really think so. What I feel personally is that they tried to escape. A bunker was perhaps the safest area in the compound.” [PBS Frontline, 10/1995] Sage will say that he knew the children were dead sometime around 12:30 p.m. He recalls terminating the negotiations at that time, “because I didn’t want the loudspeaker bank to interfere with instructions being given on the ground. At that point in time, I walked over to the site in shock, basically. And, uh, the first thing I asked is, ‘Where are the kids?’” He is told, “Nowhere.” Sage will say: “They had not come out. They had been consumed.” [PBS Frontline, 10/1995]
Koresh's Fate - Koresh and Schneider are found in a small room the authorities call “the communication room.” Koresh is dead of a single gunshot wound to the forehead. Schneider is dead from a gunshot wound in the mouth. Peerwani later says: “Did David Koresh shoot himself and Schneider shoot himself? Or did Schneider shoot David Koresh and then turn around and shoot himself? Certainly both are possible. We cannot be certain as to what really transpired.” [PBS Frontline, 10/1995]
No Ill Effects from Gas - Peerwani and his colleagues examine the bodies for damage caused by the CS gas used in the assault, and find none. While many of the Davidians were exposed to the gas, according to tissue and blood studies, none inhaled enough of it to cause anything more than short-term discomfort. Concurrently, Peerwani and his colleagues find no damage from the propellant used in the ferret rounds. A fire report later written by Texas-based investigators will call the tear gas operation a failure at dispersing the Davidians. [PBS Frontline, 10/1995; PBS Frontline, 10/1995] Medical examinations show that some of the children may well have been overcome by the gas, and rendered unable to escape, but the compound had not been gassed for an hour before the fires began, and CS has a persistence factor of only 10 minutes—in other words, the effects should have worn off by the time the fires broke out. The gas proves ineffective against the adults, because the adult Davidians are equipped with gas masks. [PBS Frontline, 10/1995]
Wrongly Executed Plan - The plan as signed by Reno called on law enforcement forces to deploy tear gas into the compound at stated intervals, then have agents retreat to await evacuees before approaching again. This “passive,” “restrained” approach was to have been followed for up to 72 hours before using assault vehicles to force entry. Instead, the agents wait only 12 minutes before beginning a motorized vehicle assault. [New Yorker, 5/15/1995]
Taking Responsibility - One of the unlikely “heroes” of the debacle is Reno. She signed off on the attack (see April 17-18, 1993), and within hours of the attacks, she holds a televised press conference where she says: “I made the decision. I am accountable . The buck stops here” (see April 19, 1993). She repeats this statement over and over again on national television. [New Yorker, 5/15/1995]
Entity Tags: Bob Ricks, Bob Sheehy, Branch Davidians, David Koresh, FBI Hostage Rescue Team, Barry Higginbotham, Federal Bureau of Investigation, Janet Reno, Jeffrey Jamar, Byron Sage, US Department of Justice, Nizam Peerwani, William Jefferson (“Bill”) Clinton, Richard Rogers, Rodney Rawlings, Rodney Crow, Ruth Riddle, Texas Rangers, Steve Schneider
Timeline Tags: 1993 Branch Davidian Crisis
While Ramzi Yousef occasionally plots attacks not in line with Osama bin Laden’s goals (see June 20, 1994), there is considerable evidence that he usually works in concert with bin Laden. Pakistani investigators will later determine that in the middle of 1994 a group of militant Saudi businessmen visit Pakistan and meet with al-Qaeda operatives to discuss setting up a series of secret radio transmitters to broadcast propaganda into Saudi Arabia. Yousef is present at several of the meetings with two senior al-Qaeda leaders when wider plots to overthrow the Saudi government are discussed. Yousef also spends parts of 1994 in the Philippines, responding to bin Laden’s request to further train the Abu Sayyaf militant group there (see August-September 1994). [Reeve, 1999, pp. 71-72] The 9/11 Commission will not mention evidence such as this, and instead it will conclude that Yousef’s ties to bin Laden were tenuous, saying that in the early 1990s Yousef and his uncle, 9/11 mastermind Khalid Shaikh Mohammed, were “rootless but experienced operatives… who—though not necessarily formal members of someone else’s organization—were traveling around the world and joining in projects that were supported by or linked to bin Laden, the Blind Sheikh, or their associates.” [9/11 Commission, 7/24/2004, pp. 59]
Some of the assault weapons banned under the 1994 crime bill. [Source: Senator Dianne Feinstein]Congress authorizes the passage of the 1994 Omnibus Crime Bill, later named “The Violent Crime Control and Law Enforcement Act,” which among other elements outlaws 19 separate types of assault weapons. The original bill, HR 4092, passed the House of Representatives in April on a 285-141 vote. The House bill provides $28 billion in spending for police hiring and training, prison construction, and crime prevention; expands the death penalty to cover an array of federal crimes; introduces the federal “three strikes” provision that automatically incarcerates three-time felons for lengthy jail terms; includes the Racial Justice Act that allows defendants to challenge death-penalty sentences on a racial basis; and bans the sale or transfer of handguns to juveniles without parental consent. A separate House vote in May approved the ban on the sale of assault weapons by a narrow 216-214 vote, and the entire package went to the Senate for reconciliation with that body’s own crime bill. A later version of the bill increased spending to $30 billion, shifted more funds to police training and less to prison construction, and dropped the Racial Justice Act along with funding for a crime prevention center in Texas. On August 25, the Senate thwarted efforts by Republicans to reopen debate on the bill, and the bill passed on a final vote of 61-38. President Clinton signs the bill into law on September 13. Within days of its passage, Congressional Republicans will announce their intention to revamp the bill as part of their “Contract with America,” charging that it fails to address the “broken” criminal justice system that fails “to hold criminals accountable” for their actions. Many Republicans will base their intention to revamp the bill on their opposition to the assault weapons ban. [McCollum, 1994; Time, 9/5/1994]
Attorney General Janet Reno, following up on the arrest of suspected Oklahoma City bombing suspect Timothy McVeigh (see April 21, 1995) and the detention of his suspected co-conspirator Terry Nichols (see 3:15 p.m. and After, April 21-22, 1995), says the bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995) was almost certainly “domestic in nature,” and not the work of foreign terrorists (see 10:00 a.m. April 19, 1995 and After). In a separate statement, President Clinton praises law enforcement officials for their rapid action, and again promises that authorities will seek the death penalty for those responsible (see 4:00 p.m., April 19, 1995). Reno warns that the investigation is still in its preliminary stages. [Washington Post, 4/22/1995; New York Times, 4/22/1995]
In a radio broadcast, President Clinton and his wife, First Lady Hillary Clinton, address the nation’s children and their parents, giving advice and reassurance. President Clinton says: “We know that what happened in Oklahoma is very frightening, and we want children to know that it’s okay to be frightened by something as bad as this. Your parents understand it. Your teachers understand it. And we’re all there for you, and we’re working hard to make sure that this makes sense to you and that you can overcome your fears and go on with your lives.” To the parents, he says: “Tell [your children] there are a lot of people in this country in law enforcement who are working hard to protect them and to keep things like this from happening. Tell them that they are safe, that their own school or day care center is a safe place, and that it has been checked and that you know it’s safe. And make sure to tell them without any hesitation that the evil people who committed this crime are going to be found and punished. Tell them that I have promised—every child, every parent, every person in America—that when we catch the people who did this, we will make sure that they can never hurt another child again, ever. Finally, and most important of all, in the next several days, go out of your way to tell your children how much you love them. Tell them how much you care about them. Be extra sensitive to whether they need a hug or just to be held. This is a frightening and troubling time.” Hillary Clinton tells the children listening: “I also want you to know that there are many more good people in the world than bad and evil people. Just think of what we have seen in the last few days. Think of all the police officers, and the firefighters, the doctors and the nurses, all of the neighbors and the rescue workers, all of the people who have come to help all of those who were hurt in Oklahoma. Think about the people around the country who are sending presents and writing letters. Good people live everywhere in our country, in every town and every city, and there are many, many of them.” Afterwards, the president and his wife hold a “town hall” with a gathering of children who ask questions and make observations, mostly about what can be done to help the victims. [William J. Clinton Presidential Center, 4/22/1995]
In a letter to US Attorney Patrick Ryan, Attorney General Janet Reno authorizes prosecutors to seek the death penalty against indicted Oklahoma City bombers Timothy McVeigh and Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995, 4:00 p.m., April 19, 1995, July 11-13, 1995, and August 10, 1995). The prosecutors promptly inform the federal court in Oklahoma City that they will do just that. Reno overrides protests from defense lawyers asking her to disqualify herself from the proceedings; McVeigh’s lawyer, Stephen Jones, told reporters that Reno and President Clinton both said “they would seek the death penalty before they even knew who the defendants were. We will mount our attack on the obvious prejudgment of the case.” Ryan says the prosecution will seek the death penalty on four of the counts lodged against McVeigh and Nichols: first-degree murder, conspiring to use a weapon of mass destruction with death resulting, using an explosive to destroy government property with death resulting, and using a weapon of mass destruction with death resulting. He says “aggravating factors” include the maiming, disfigurement, and other injuries inflicted on many individuals and the involvement of both defendants in “acts of burglary, robbery, and theft to finance and otherwise facilitate” the bombing. Governor Frank Keating (R-OK) approves of the decision, and recently said in an interview that it was not at all unusual “to see the president and the attorney general express their outrage” when they did. “This was an enormous national tragedy of titanic proportions,” Keating said. “The question is, are these [McVeigh and Nichols] the people who did it? If not, we need to find those who did.… But we want whoever did this to be prosecuted, convicted, and executed.” [New York Times, 8/21/1995; Washington Post, 10/21/1995; Douglas O. Linder, 2001] Jones refused to take part in the panel discussions over the use of the death penalty, calling them a fraud and a sham, and saying that the process should not have been conducted by the Justice Department. [Stickney, 1996, pp. 253]
Timothy McVeigh sits in the courtroom during his trial. [Source: India Times]Accused Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and August 10, 1995) is convicted on all 11 counts of murder and conspiracy. [University of Missouri-Kansas City School of Law, 6/2/1997; Douglas O. Linder, 2001] The jury deliberates for over 23 hours, spread over four days (including a weekend), before announcing it has a verdict. McVeigh, who enters the courtroom with a smile on his face, shows no emotion when the guilty verdicts are read aloud by US District Judge Richard Matsch; Matsch polls the 12 jurors to ensure that they are indeed unanimous in their verdict. McVeigh is convicted of first-degree murder in the deaths of eight law enforcement agents who died in the blast, one count of conspiracy to use a weapon of mass destruction, one count of using a weapon of mass destruction, and one count of destruction of a federal building. McVeigh awaits a trial in Oklahoma, where he will face 160 counts of murdering the civilians who died in the bombing; Oklahoma City district attorney Bob Macy says he will file state charges that will bring both McVeigh and fellow conspirator Terry Nichols to court to face the death penalty. Many family members break down in tears as the verdicts are read; one woman shouts, “We got him!” Lead prosecutor Joseph Hartzler accepts an ovation from the gallery, and later says: “We’re obviously very pleased with the verdict. We always had confidence in our evidence. Now maybe everyone else will have confidence in our evidence.” Defense attorney Stephen Jones says he will prepare his client for the sentencing phase, where many feel McVeigh will be sentenced to death (see June 11-13, 1997). (Both sets of attorneys are under a judicial gag order preventing them from discussing the details of the case.) Jannie Coverdale, who lost her grandchildren in the blast, says she has mixed emotions: “This is bittersweet. After all, this is a young man who has wasted his life. I’m glad they found him guilty, but I’m sad for him, too. I feel sorry for him. He had so much to offer his country.… I want him to get the death penalty, but not out of revenge. It’s necessary. I haven’t seen any remorse from Timothy McVeigh. If he ever walked the streets, he would murder again. I don’t want to see that.” Asked if the verdict will bring her closure, she says: “I don’t think there will ever be closure. Too many people are missing.” Sharon Ice, whose brother Paul Douglas Ice was one of the federal agents killed in the bombing, calls McVeigh a “monster.” Former judge Durant Davidson says he supports the verdict: “I don’t have any question about that. There was a time before the trial started that I didn’t know. [But] after having followed it, there would not have been any question in my mind.” In Washington, President Clinton refuses to comment directly on the verdict, citing the judge’s gag order, but says: “This is a very important and long overdue day for the survivors and families of those who died in Oklahoma City.… I say to the families of the victims, no single verdict can bring an end to your anguish. But your courage has been an inspiration to all Americans. Our prayers are with you.” [Denver Post, 6/3/1997; New York Times, 6/3/1997; Washington Post, 6/3/1997; Associated Press, 1/11/1998] McVeigh’s father William and his sister Jennifer release a statement from their Pendleton, New York, home that reads in part: “Even though the jury has found Tim guilty, we still love him very much and intend to stand by him no matter what happens. We would like to ask everyone to pray for Tim in this difficult time.” [Washington Post, 6/3/1997] Later, a juror says he and his fellows grew more convinced of McVeigh’s guilt with each day that the trial continued. “There is no justification for that kind of action,” juror Tony Stedman will say. [Associated Press, 1/11/1998] As the prosecution leaves the courthouse, a weeping woman pushes her way towards lead attorney Joseph Hartzler, throws her arms around him, and says, “Dear God, thank you for what you have done.” [Serrano, 1998, pp. 292]
Entity Tags: Jannie Coverdale, Paul Douglas Ice, Jennifer McVeigh, Joseph H. Hartzler, Richard P. Matsch, William Jefferson (“Bill”) Clinton, Robert (“Bob”) Macy, Tony Stedman, Sharon Ice, William (“Bill”) McVeigh, Terry Lynn Nichols, Stephen Jones, Timothy James McVeigh
Timeline Tags: US Domestic Terrorism
Accused Oklahoma City conspirator Terry Nichols (see 8:35 a.m. - 9:02 a.m. April 19, 1995 and December 15-16, 1997) is convicted of one count of conspiracy to use a weapon of mass destruction and eight counts of involuntary manslaughter. He is found not guilty of use of a weapon of mass destruction (see April 16-17, 1995), and of using an explosive, as well as the more serious charges of first-degree and second-degree murder. The jury took 41 hours over six days to decide Nichols’s fate (see December 16-18, 1997). By rejecting the murder charges in the deaths of eight federal law-enforcement officials, the jury concludes that Nichols did not provably intend to kill the people inside the Murrah building. Observers and researchers such as law professor Douglas O. Linder will later conclude that the jury believed the defense’s contention that Nichols had withdrawn from the bombing plot (see March 1995 and March 31 - April 12, 1995), and was probably swayed by Nichols’s decision to stay home on the day of the bombing instead of joining convicted bomber Timothy McVeigh in Oklahoma City (see June 2, 1997) at the bomb site. The jury may also have been moved by Nichols’s show of emotion during the trial; unlike the stoic McVeigh, Nichols broke down and wept during several moments in the proceedings. Legal analysts say the split verdict is in part because of a much more effective defense (see December 2, 1997) than that presented by Nichols’s co-conspirator, McVeigh (see August 14-27, 1997), who was sentenced to death for carrying out the bombing (see June 2, 1997). Kentucky defense lawyer Kevin McNally says of the verdicts: “[They mean] he had a much less culpable state of mind regarding the homicides. To the jury, he engaged in certain actions that were reckless, but it wasn’t a premeditated killing.” Former federal prosecutor Marvin L. Rudnick says the jury “probably compromised” on the involuntary manslaughter verdicts. Lead prosecutor Larry Mackey says: “The jury has spoken. We accept their verdict in its entirety. We are prepared to go forward now with the penalty phase.” Nichols’s lead attorney, Michael Tigar, immediately files an appeal and says he will challenge any attempt by the jury to sentence Nichols to death. However, analysts feel that Nichols will escape execution. Denver attorney Andrew Cohen says: “I would be very surprised if the jury sentenced Nichols to death. They distinguished in their own minds what both men did.” Both McVeigh and Nichols face 160 counts of murder in an Oklahoma state court. [New York Times, 12/23/1997; Washington Post, 12/24/1997; New York Times, 12/24/1997; Douglas O. Linder, 2001; Indianapolis Star, 2003; Douglas O. Linder, 2006] Under federal law, a conviction of conspiracy to use a weapon of mass destruction can lead to the death penalty. The law is only three years old and has never been used. This death penalty provision was passed by Congress in 1994 after the bombing of the World Trade Center in New York (see February 26, 1993). [New York Times, 12/25/1997]
Mixed Reactions - Predictably, reactions regarding the verdict are mixed. Claudia Denny, whose two children were seriously injured in the blast, says, “We’re all disappointed, but we can live with it.” She says she would have preferred murder convictions, but “one more terrorist is off the street.… The important thing to us now is our children. This doesn’t change that. It doesn’t matter.” Bud Welch, who lost his daughter in the bombing, says that the involuntary manslaughter convictions were inappropriate because that charge is what people get “for running a stoplight” and killing someone with a car. Diane Leonard, whose husband was one of the eight law enforcement agents killed, calls the verdict “a slap in the face.” Marsha Knight, whose daughter was one of the 160 civilians killed in the blast, says: “He conspired to build the bomb. What the hell did they think he was going to do with it?” [New York Times, 12/24/1997; Washington Post, 12/24/1997] President Clinton says the convictions of McVeigh and Nichols “should offer a measure of comfort” to the relatives of the victims. But, he adds, “I know that no verdict in a court of law can ease the loss of a loved one.” [New York Times, 12/23/1997]
Judge Offers Leniency, Nichols Turns Down Offer - Judge Richard Matsch later tells Nichols he will consider some leniency in sentencing him to prison if he cooperates in helping the government learn more about the bombing conspiracy. Nichols rejects the offer. [Indianapolis Star, 2003]
Entity Tags: Andrew Cohen, Kevin McNally, Bud Welch, Douglas O. Linder, Claudia Denny, Diane Leonard, William Jefferson (“Bill”) Clinton, Marvin L. Rudnick, Timothy James McVeigh, Marsha Knight, Michael E. Tigar, Terry Lynn Nichols, Richard P. Matsch, Larry A. Mackey
Timeline Tags: US Domestic Terrorism
Theodore ‘Ted’ Kaczynski, convicted of charges stemming from the ‘Unabomber’ serial bombing spree, is escorted into the courtroom to hear his sentence. [Source: Associated Press]An unrepentant Theodore “Ted” Kaczynski, the so-called “Unabomber” (see April 3, 1996 and June 9, 1996), is sentenced to four life terms in prison with no possibility of release (see January 22, 1998). [Washington Post, 1998] Representatives of some of his victims’ families speak out during the sentencing hearing. “Lock him so far down that when he dies he will be closer to hell,” says Susan Mosser, whose husband Thomas Mosser was killed by one of Kaczynski’s bombs (see December 10, 1994). “May your own eventual death occur as you have lived, in a solitary manner, without compassion or love,” says Lois Epstein, whose husband Charles Epstein suffered a crippling injury to his hand due to another Kaczynski bomb (see June 22, 1993). In handing down his sentence, Judge Garland Burrell Jr. says, “The defendant committed unspeakable and monstrous crimes for which he shows utterly no remorse.” Kaczynski still poses a grave danger to society and would mail his bombs again if he could, Burrell says. Kaczynski delivers a statement to the court; he expresses no remorse whatsoever for his actions, and instead accuses the government of distorting the meaning of his crimes. “Two days ago, the government filed a sentencing memorandum, the purpose of which was clearly political,” containing “false statements, misleading statements,” he says. Kaczynski is referring to excerpts from his journals which prosecutors used to portray him, not as a principled citizen out to save society and the environment from the ravages of technology, but, in the words of the Washington Post, as “a petulant, almost childish murderer who killed to extract ‘personal revenge’ on people who crossed him—from women who did not respond to his overtures to campers who wandered by his Montana cabin to planes filled with ‘a lot of businesspeople.’” Kaczynski tells the court: “By discrediting me personally, they hope to discredit my political ideas.… At a later time I expect to respond at length to the sentencing memorandum. Meanwhile, I hope the public will reserve judgment against me and all the facts about the Unabomb case until another time.” After Kaczynski speaks, Susan Mosser walks to the prosecutors’ table and speaks. “Nails,” she says. “Razor blades. Wire. Pipe and batteries. The recipe for what causes pain. Hold it in your hand, as my husband Tom did, and you feel unbearable pain.” She tells how Kaczynski’s bomb, made with wires and pipes and filled with nails, tore her husband’s torso apart, spilling his entrails over the kitchen floor. Other victims tell the court that they would have supported a death sentence. Nicklaus Suino, injured by one of Kaczynski’s bombs (see November 15, 1985), says, “I wouldn’t have shed a tear if he was executed.” David Gelernter, another man crippled by one of Kaczynski’s bombs (see June 24, 1993), says he argued for a death sentence but says that Kaczynski will live on as “a symbol of cowardice.” Kaczynski’s brother David Kaczynski speaks briefly outside the courthouse, telling reporters: “There are no words to express the sorrow of today’s proceedings. To all of these people, the Kaczynski family offers its deepest apologies. We’re very, very sorry.” [Washington Post, 5/5/1998] Kaczynski will live out his sentence at the Florence, Colorado, “Supermax” federal prison, in a small cell equipped with a shower, toilet, electric lamp, concrete desk and stool, and a small television. He will have access to books from a well-stocked library, and will eat three meals a day in his cell. The Florence facility is considered the most secure prison in the nation; it is designed to house “the folks who simply cannot function in open institutions,” according to research analyst Tom Werlich. Kaczynski will not be alone at the “Supermax” facility: others such as Oklahoma City bomber Timothy McVeigh (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and World Trade Center bombing mastermind Ramzi Yousef (see February 7, 1995) are in the same facility. Like the other inmates, Kaczynski will have no contact with other inmates, and for the two hours a day he spends outside his cell, he will be constantly escorted by at least two guards. [Associated Press, 7/4/1998]
Entity Tags: Nicklaus Suino, David Kaczynski, David Gelernter, Charles Epstein, Lois Epstein, Washington Post, Thomas J. Mosser, Susan Mosser, Theodore J. (“Ted”) Kaczynski, Tom Werlich, Garland E. Burrell Jr., Timothy James McVeigh, Ramzi Yousef
Timeline Tags: US Domestic Terrorism
German police foil an al-Qaeda plot to bomb the central square in Strasbourg, France. The plot is foiled when German police arrest two Iraqis, a Frenchman, and an Algerian in Frankfurt on December 25 and 26. The men are discovered with a map of Strasbourg and a video showing the market. The plot was to bomb the busy square in front of the city’s main cathedral on New Year’s Eve, just days after the arrests. A French prosecutor will later say the bombing “was avoided by a hair.” The four men will be convicted in Germany in 2003 to prison terms of ten to 12 years for their roles in the plot. France will later sentence ten Islamic militants to prison terms of one to ten years. One of those convicted to a ten year sentence in France is Mohamed Bensakria, who is considered to be a key figure in al-Qaeda’s European network. [Chicago Tribune, 10/22/2001; Associated Press, 12/16/2004]
Children at the Um Al-Qura Islamic School, where both Jaballah and Shehab served as principals. [Source: Um Al-Qura Islamic School]On June 27, 2001, Nabil al-Marabh was arrested while trying to enter the US from Canada. He is already wanted in the US for skipping bail on an attempted murder charge, and US intelligence has linked him to al-Qaeda (see June 27, 2001-July 11, 2001). He is held in Canada. About two weeks after his arrest, there is a court hearing to determine if he should be released. His lawyer argues that he should be released because his uncle, Ahmed Shehab, can keep him in line. The lawyer does not mention that Shehab works at a school headed by Mahmoud Jaballah. Canadian intelligence has been closely monitoring Jaballah since 1996 and has overheard him communicating with many top militant leaders, including al-Qaeda number two Ayman al-Zawahiri (see May 11, 1996-August 2001 and February 1998). Presumably Canadian intelligence is well aware of Jaballah’s job at the school discussed in the hearing, yet this is never mentioned to the judge. Jaballah had been arrested in 1999 for suspected ties to Islamic militants and then released, and his school job had been mentioned in media reports. In August 2001, he will be arrested again, and Shebab will replace him as principal at the school. [Globe and Mail, 11/4/1999; New York Times, 10/14/2001; Toronto Star, 7/17/2004] While in jail, al-Marabh is visited by Hassan Almrei, who had been his roommate earlier in the year (see October 19, 2001). [MacLean's, 12/10/2001] Almrei will also later testify that in 1995 he obtained a false passport for al-Marabh, and that after al-Marabh’s arrest in June 2001, al-Marabh asked him to obtain a second false passport for him. [Canadian Security Intelligence Service, 2/22/2008 ] Canadian authorities were investigating Almrei since at least September 2000, and may have suspected his role in a plot against the Toronto airport by this time (see January 2001-Summer 2001). But authorities either do not notice al-Marabh’s links to Jaballah and/or Almrei or do not care, because he is released on bail on July 11 and immediately disappears.
Lofti Raissi. [Source: Amnesty International]Lotfi Raissi, an Algerian pilot living in Britain, is arrested and accused of helping to train four of the hijackers. An FBI source says, “We believe he is by far the biggest find we have had so far. He is of crucial importance to us.” [Las Vegas Review-Journal, 9/29/2001] However, in April 2002, a judge dismisses all charges against him, calling the charges “tenuous.” US officials originally said, “They had video of him with Hani Hanjour, who allegedly piloted the plane that crashed into the Pentagon; records of phone conversations between the two men; evidence that they had flown a training plane together; and evidence that Raissi had met several of the hijackers in Las Vegas. It turned out, the British court found, that the video showed Raissi with his cousin, not Mr. Hanjour, that Raissi had mistakenly filled in his air training logbook and had never flown with Hanjour, and that Raissi and the hijackers were not in Las Vegas at the same time. The US authorities never presented any phone records showing conversations between Raissi and Hanjour. It appears that in this case the US authorities handed over all the information they had…” [Christian Science Monitor, 3/27/2002; Guardian, 9/26/2005] Raissi later says he will sue the British and American governments unless he is given a “widely publicized apology” for his months in prison and the assumption of “guilty until proven innocent.” [Reuters, 8/14/2002] In September 2003, he does sue both governments for $20 million. He also wins a undisclosed sum from the British tabloid Mail on Sunday for printing false charges against him. [Guardian, 9/16/2003; BBC, 10/7/2003; Arizona Republic, 10/14/2003] Declassified documents will later reveal that the British arrested Raissi only days after the FBI requested that the British discretely monitor and investigate him, not arrest him. [Guardian, 9/26/2005] Raissi perfectly matches the description of an individual mentioned in FBI agent Ken Williams’ “Phoenix memo” (see July 10, 2001), whom the FBI had attempted to investigate in May 2001 (see 1997-July 2001).
Less than two weeks after 9/11, White House counsel Alberto Gonzales sets up an interagency group to design a strategy for prosecuting terrorists, and specifically asks it to suggest military commissions as one viable option for prosecution of suspected terrorists.
Membership - The initial participants include Gonzales; White House lawyer Timothy Flanigan; Pentagon general counsel William Haynes; the vice president’s chief counsel, David Addington; National Security Council lawyer John Bellinger; and State Department lawyer Pierre-Richard Prosper, a former career prosecutor who now serves as State’s ambassador at large for war crimes issues and who will head the group.
Various Options - The group spends a month in a windowless conference room at State, bringing in experts from around the government, including military lawyers and Justice Department lawyers. The Justice Department advocates regular trials in civilian courts, such as the trials of the 1993 World Trade Center bombers (see February 26, 1993). However, many in the group object, noting that terrorist trials in regular courthouses on US soil pose security risks. The military lawyers propose courts-martial, which can take place anywhere in the world and would have military protection. A third option, military commissions, would offer the security of courts-martial without the established rules of evidence and procedure courts-martial have; setting up such a system might offer more flexibility in trying suspected terrorists, but many in the group wonder if President Bush would require Congressional authorization. Prosper will later recall, “We were going to go after the people responsible for the attacks, and the operating assumption was that we would capture a significant number of al-Qaeda operatives.” In addition to the use of military commissions, the group begins to work out three other options: ordinary criminal trials, military courts-martial, and tribunals with a mixed membership of civilians and military personnel. The option of a criminal trial by an ordinary federal court is quickly brushed aside for logistical reasons, according to Prosper. “The towers were still smoking, literally. I remember asking: Can the federal courts in New York handle this? It wasn’t a legal question so much as it was logistical. You had 300 al-Qaeda members, potentially. And did we want to put the judges and juries in harm’s way?” Despite the interagency group’s willingness to study the option of military commissions, lawyers at the White House, according to reporter Tim Golden, grow impatient with the group. Some of its members are seen to have “cold feet.” [New York Times, 10/24/2004; Savage, 2007, pp. 135]
Parallel Process at White House - Unbeknownst to Prosper’s group, the White House is crafting its own version of military commissions or tribunals (see Late October 2001). When President Bush issues his executive order creating military tribunals
(see November 13, 2001), Prosper and his group will first learn about it by watching the nightly news. [Savage, 2007, pp. 138]
Entity Tags: US Department of Justice, US Department of State, William J. Haynes, Timothy E. Flanigan, Pierre-Richard Prosper, John Bellinger, Beth Nolan, Alberto R. Gonzales, Scott McClellan, Jay S. Bybee, John Ashcroft, David S. Addington
Timeline Tags: Torture of US Captives, Civil Liberties
A Yemeni name Jamal Mohamed Alawi Mar’i is arrested in Karachi, Pakistan, on September 23, 2001. He is accused of working for the Wafa Humanitarian Organization, which the US will officially ban the next day (see September 24, 2001). He is handed over to US officials, who fly him to Jordan by the end of the month. He is held there for four months and then transferred to the Guantanamo prison. He is possibly the first post-9/11 US rendition. [Grey, 2007, pp. 280]
[Source: Public domain via CBC]Hassan Almrei, a Syrian national and an associate of Nabil al-Marabh, is arrested in Canada. He was al-Marabh’s Toronto apartment roommate in early 2001. Canadian authorities say Almrei’s honey and perfume business in the Middle East helped finance al-Qaeda. Following a raid on his apartment, police say they confiscated computers and disks that hold information about Osama bin Laden, numerous images of bin Laden and other al-Qaeda members, a hijacking planner, diagrams of plane cockpits and military weapons, and copies of passports and official IDs. Within a week of his arrest, the Canadian government declares Almrei a “threat to national security” and announces its intention to deport him to Syria. The Federal Court of Canada will later agree with investigators that Almrei is a “a member of an international network of extremist individuals who support the Islamic extremist ideals espoused by Osama bin Laden,” and was “involved in a forgery ring with international connections that produces false documents.” The court will approve his deportation. [Canadian Broadcasting Corporation, 10/27/2001; Toronto Sun, 1/14/2002; ABC News 7 (Chicago), 1/31/2002] Almrei will admit to attending training camps in Afghanistan and lying about his past to get into Canada as a refugee claimant in 1999, but will deny any link to al-Qaeda. As of late 2005, he will still be in a Canadian prison, appealing his deportation. He will say he fears death or torture if he is returned to Syria. [Toronto Sun, 10/20/2005] Almrei will be released from prison in Canada in December 2009 when he wins an appeal against the security certificate he is being held under. The judge, Justice Richard Mosley, says there were “reasonable grounds to believe that Hassan Almrei was a danger to the security of Canada when he was detained in 2001, [but] there are no longer reasonable grounds to believe that he is a security risk today.” [Toronto Star, 12/15/2008]
Baltasar Garzon. [Source: Associated Press]Spanish intelligence has been watching an al-Qaeda cell in Madrid for years, and has been aware since 1995 that cell members are committing a variety of crimes in Spain (see 1995 and After and Late 1995 and After), but none of them have ever been arrested. Finally, after investigators find links between the cell and the 9/11 hijacker cell in Hamburg (see Shortly After September 11, 2001), the decision is made to shut the cell down. On November 13, 2001 Spanish police arrest cell leader Barakat Yarkas, a.k.a., Abu Dahdah, and ten other alleged members of his cell, including Yusuf Galan and Mohamed Needl Acaid. Spanish police, led by judge Baltasar Garzon, appear confident that they smashed the al-Qaeda presence in Spain. However, a number of suspects are left at large who will go on to take part in the 2004 Madrid bombings (see November 13, 2001). [New York Times, 11/14/2001; New York Times, 10/26/2004] Yarkas, Galan, Acaid, and others will be convicted for various crimes in 2005 (see September 26, 2005).
More than 140 suspected Taliban and al-Qaeda members are transferred to an alleged US detention center in Kohat, Pakistan. According to one report, the Pakistani army is responsible for maintaining the external security of the prison, while US officials are responsible for security inside. As at Bagram, US officials interrogate prisoners in order to determine who should be transferred to Guantanamo Bay. According to Javed Ibrahim Paracha of the Pakistan Muslim League-N party, prisoners at Kohat are shackled and dressed only in shorts. Detainees are transferred in military planes only under the cover of night. [First, 6/2004 ]
Camp X-Ray. The prisoners are housed in cages pictured. [Source: PBS]The first prisoners who arrived at Guantanamo Bay (see January 11, 2002) are accommodated in a location known as “Camp X-Ray.” This camp consists of small cages, measuring eight-by-eight feet, with open-air, chain-link walls, a concrete floor and a roof made of wood and metal. [American Forces Press Service, 1/14/2003] Inside, detainees are provided with a mattress, a blanket, a sheet, two towels, a toothbrush, shampoo, soap, flip-flops, two buckets, and plastic water bottles. [Guardian, 12/3/2003] One of the buckets is for water to wash with; the other to urinate in. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] The cages have no plumbing and thus guards have to escort detainees to portable toilets. [American Forces Press Service, 1/14/2003] The cells at Camp X-Ray are described by released British prisoners as being without privacy and open to the elements as well as to “rats, snakes, and scorpions.” [Mirror, 3/12/2004] During the first weeks until about the middle of February, the prisoners, according to Asif Iqbal, are “not allowed any exercise at all.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] And later, Amnesty International confirms that prisoners are kept inside their cages “sometimes up to 24 hours a day with little exercise time out of their cells.” [Amnesty International, 10/27/2004] Only after some months, according to the Tipton Three, are prisoners allowed, “once a week, to walk in a small recreation yard for about 5 minutes.” [Mirror, 3/12/2004] Jamal Udeen recalls: “Recreation meant your legs were untied and you walked up and down a strip of gravel. In Camp X-Ray you only got five minutes.” [Mirror, 3/12/2004] At first, prisoners are allegedly allowed a shower—a cold two-minute one—only once a week, and never in solitary confinement. Later the number of showers is increased to three a week. [Mirror, 3/12/2004] Eating has to be done in 10 minutes and the amount of food is very little. [Guardian, 12/3/2003] Speaking to each other is strictly prohibited. [Guardian, 12/3/2003] Five days later, however, he will be allowed to speak to neighboring detainees. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] But apparently worse than the accommodations is the uncertainty the prisoners are facing. “When we first got there, the level [of fear] was sky-high,” Asif Iqbal, Rhuhel Ahmed, and Shafiq Rasul, who were among the first to arrive, recall: “We were terrified we might be killed at any minute. The guards would say, ‘Nobody knows you’re here, all they know is that you’re missing and we could kill you and no one would know.’” [Guardian, 8/4/2004] The prison operations at Guantanamo are at first handled by two Joint Task Forces: JTF-160 and JTF-170. JTF-160, first under the command of Brig. Gen. Michael R. Lehnert, is responsible both for guarding the prisoners, and for dealing with migrants seeking asylum. JTF-170, under command of Major-General Michael E. Dunlavey, is tasked with handling interrogation operations for the Department of Defense and ensuring coordination among government agencies involved in the interrogation of the suspected terrorists. [American Forces Press Service, 1/14/2003] It consists of personnel from the DIA, the CIA, and the FBI. [Guardian, 10/16/2002] Sccording to later statements by several officers who served at Guantanamo, aggressive methods of interrogation are introduced in early 2002. Prisoners are derived of sleep, forced into “stress positions,” and put into extra cold, air-conditioned rooms. [New York Times, 5/13/2004]
On May 25, 2002, a Palestinian named Hussein Abdelkadr Youssouf Mustafa is arrested in Pakistan and spends ten days in the Khaibar prison. On June 4, he is flown to Bagram together with 34 other Arab prisoners. They are stripped naked and subjected to stress positions, sleep deprivation, beatings, and humiliation. “They made me stand on one leg in the sun,” he later recalls. “They wouldn’t let me sleep for more than two hours. We had only a barrel for a toilet and had to use it in front of everyone.” [Independent, 1/8/2005] He hears other detainees screaming, who he believes are being beaten. [Mother Jones, 3/2005] The same happens to him. “I was beaten severely,” he claims. He is also doused with cold water and subjected to cold air. “[W]ater was thrown on me before facing an air conditioner,” he will say. [Independent, 1/8/2005] On one occasion, he later recounts to British journalist Robert Fisk, “an American soldier took me blindfolded. My hands were tightly cuffed, with my ears plugged so I could not hear properly, and my mouth covered so I could only make a muffled scream. Two soldiers, one on each side, forced me to bend down, and a third pressed my face down over a table. A fourth soldier then pulled down my trousers. They rammed a stick up my rectum.” [Mother Jones, 3/2005] Nevertheless, he says, “My torture was even less than what they did to others.” [Independent, 1/8/2005]
Hamburg al-Qaeda cell member Mohammed Haydar Zammar is being held in a prison in Syria, Time magazine reports. According to an unnamed US intelligence source, Zammar is providing useful information about al-Qaeda while being tortured and interrogated by Syrian intelligence. “He’s like Abu Zubaida,” the source says. “He’s kind of cooperating. Or he’s cooperating without realizing that he’s doing it.” Time reports that US officials say “no Americans are in the room with the Syrians who interrogate Zammar. US officials in Damascus submit written questions to the Syrians, who relay Zammar’s answers back. State Department officials like the arrangement because it insulates the US government from any torture the Syrians may be applying to Zammar. And some State Department officials suspect that Zammar is being tortured.” German officials are angry at the arrangement, because they say they are not getting any of the new intelligence from Zammar. They also complain that they didn’t even know until recently that the US had arranged for Zammar to be renditioned from Morocco to Syria in late 2001 (see December 2001). [Time, 7/1/2002] German officials will make a secret agreement with the Syrian government that gives them access to Zammar in late 2002. But Germans will only be able to meet with him one time (see November 20-22, 2002). US cooperation with Syria on counterterrorism will collapse in early 2003, so presumably US intelligence loses access to reports on Zammar’s interrogations at that time (see Early 2002-January 2003).
The Los Angeles Times reports that “despite intense interrogations and investigations,” no senior al-Qaeda leaders appear to be amongst the nearly 600 detainees at the Guantanamo prison. One US official says that some usual intelligence has been gained from the detainees, but “it’s not roll-up-plots, knock-your-socks-off-kind of stuff.” This official says the detainees are
mostly “low-and middle-level” fighters and supporters, not “the big-time guys” high enough to help unravel plots and understand al-Qaeda’s structure. Another official similarly says there are “no big fish” there. “Some of these guys literally don’t know the world is round.” The Times also notes that several European countries “have quietly offered to take prisoners home and put them on trial if US officials can provide evidence that they have committed a crime.” But none has been released for trial so far. [Los Angeles Times, 8/18/2002] The New York Times will confirm in June 2004 that no al-Qaeda or Taliban leaders are being held at the prison and that in fact the vast majority are innocent of any militant connections (see June 21, 2004). Some al-Qaeda leaders will be sent into the prison from secret CIA prisons in September 2006 (see September 2-3, 2006).
A US and European operation to crack down on the trafficking of women in Europe for the sex trade has mixed success. Authorities conduct 20,558 raids between September 7 and September 16, 2002 across Central and Eastern Europe, arresting 293 traffickers and netting 237 victims. National and international police officers mount 71 raids on Bosnia nightclubs, hotels, and other locations and arrest seven trafficking suspects. In Bulgaria, 2,079 individual raids are conducted with 258 people identified as traffickers and 64 women as trafficking victims. Romania reports 2,597 raids, identifying 47 traffickers and 37 women classified as sex slaves. Other countries conducting raids include Albania, Croatia, Macedonia, Yugoslavia, Greece, Hungary, Moldova, Romania, Turkey, and Ukraine. [New York Times, 10/20/2002]
Camp X-Ray prisoners. They wear sensory deprivation masks.
[Source: US Navy]Four detainees are freed from Guantanamo Bay, the first of the 600 or so detainees there to be released. The four, mostly elderly Afghan men, are released because they were determined not to be involved in al-Qaeda and posed no security threat. [BBC, 10/29/2002] 19 more will be released in March 2003. [BBC, 3/24/2003] The detainees are supposedly being kept there to be interrogated about what they know of al-Qaeda and the Taliban. But it is reported that virtually none of the prisoners in Guantanamo have any useful information. One US official says, “[Guantanamo] is a dead end” for fresh intelligence information. According to the Washington Post, “Officials realize many of them had little intelligence value to begin with.” [Washington Post, 10/29/2002] US officials privately concede that “perhaps as many as 100 other captives” are innocent of any connections to al-Qaeda or the Taliban, but most of these still have not been released. Furthermore, not a single detainee has been brought before a US military tribunal. Apparently this is to hide “a sorry fact: the US mostly netted Taliban and al-Qaeda fighters of only low to middling importance, bagging few of the real bad guys.” [Time, 10/27/2002] At least 59 were deemed to have no intelligence even before being sent to Cuba, but were nonetheless sent there, apparently because of bureaucratic inertia. [Los Angeles Times, 12/22/2002]
Ramzi bin al-Shibh. [Source: Uli Deck / Agence France-Presse]Ramzi bin al-Shibh, a key member of al-Qaeda’s Hamburg cell, is allegedly flown to Jordan and tortured there. Bin al-Shibh was arrested in Pakistan on September 11, 2002, and held by US forces (see September 11, 2002). According to a 2008 report by the watchdog group Human Rights Watch, the US takes bin al-Shibh to the Bagram air base in Afghanistan, and then flies him to Jordan. A former detainee in a secret prison run by Jordanian intelligence will later tell Human Rights Watch that he was held in a cell next to bin al-Shibh in late 2002. He says he was able to briefly talk to bin al-Shibh, and bin al-Shibh told him that he had been tortured while in Jordanian custody. He said he had suffered electric shocks, forced nakedness, sleep deprivation, and being made to sit on sticks and bottles in sexually humiliating ways. [Human Rights Watch, 4/8/2008] The Washington Post will similarly report in late 2007, “Although hard evidence is elusive, some former inmates have reported being detained in the same wing as Ramzi Bin al-Shibh… said Abdulkareem al-Shureidah, an Amman lawyer. “He was detained in Jordanian jails, definitely.” [Washington Post, 12/1/2007] Bin al-Shibh will be transferred out of CIA custody into the Guantanamo prison in 2006, but exactly where he was held between 2002 and 2006 remains unclear (see September 2-3, 2006).
Mohammed Ismail Agha. [Source: Cageprisoners.com]Mohammed Ismail Agha, an Afghan villager about 14 years old, is arrested and sent to Bagram US Air Base. According to Agha, he was arrested while looking for construction work with a friend at an Afghan military camp in the town of Greshk. Afghan soldiers beat him and then turn him in to the US claiming he is a Taliban soldier. In Bagram, he is held in solitary confinement, interrogated, provided with minimal amounts of food, subjected to stress positions, and prevented from sleeping by guards who continually yell and kick his cell door. He is later sent to Guantanamo, where he is held with two other youths in quarters separate from the adult prisoners. He is finally set free in early 2004. During the first twelve months of his detention, his parents had no idea what had happened to him. Agha was their oldest child and was a major income-earner of the family. [Associated Press, 2/8/2004; Washington Post, 2/12/2004]
A sketch by MP Sergeant Thomas Curtis showing how Dilawar was chained to the ceiling of his cell. [Source: New York Times]Dilawar, a 22-year-old Afghan farmer and part-time taxi driver from the small village of Yakubi in eastern Afghanistan, is picked up by local authorities and turned over to US soldiers. Dilawar is described as a shy, uneducated man with a slight frame, rarely leaving the stone farmhouse he shares with his wife and family. He is captured while driving a used Toyota sedan that his family bought him to use as a taxi. He has three fares, men headed back towards his village, and is stopped by Afghan militiamen loyal to the guerrilla commander Jan Baz Khan. (Khan will later be taken into custody himself for allegedly attacking US targets and then turning over innocent villagers to US forces, accusing them of carrying out the attacks.) The militia confiscates a broken walkie-talkie from one of the passengers, and an electric stabilizer used to regulate current from a generator in the trunk of the Toyota (Dilawar’s family later says the stabilizer is not theirs; they have no electricity). All four men are turned over to American soldiers at Bagram Air Force Base as suspects in a recent rocket attack on the US base at Khost. They spend the first night handcuffed to the fence to deprive them of sleep. Dilawar is then examined by the base doctor, who pronounces him healthy.
Passengers Shipped to Guantanamo, Say Bagram Treatment Far Worse - Dilawar’s three passengers are eventually shipped to Guantanamo for a year, before being released without charge. The three will describe their ordeal at Bagram as far worse than their treatment at Guantanamo. All will claim to have been beaten, stripped in front of female guards, and subjected to repeated and harsh rectal exams. Abdul Rahim, a baker from Khost, will recall: “They did lots and lots of bad things to me [at Bagram]. I was shouting and crying, and no one was listening. When I was shouting, the soldiers were slamming my head against the desk.” Another of Dilawar’s passengers, Parkhudin, later recalls that Dilawar “could not breathe” in the black cloth hood pulled over his head.
Running Joke - Though Dilawar is shy and frail, he is quickly labeled “noncompliant.” One US military policeman, Specialist Corey Jones, reports that Dilawar spat on him and tried to kick him. Jones retaliated by giving him a number of “peroneal knee strikes” (see May 20, 2005). As Jones will later recall: “He screamed out, ‘Allah! Allah! Allah!’ and my first reaction was that he was crying out to his god. Everybody heard him cry out and thought it was funny. It became a kind of running joke, and people kept showing up to give this detainee a common peroneal strike just to hear him scream out ‘Allah.’ It went on over a 24-hour period, and I would think that it was over 100 strikes.” Several other guards will later admit to striking Dilawar. While most MPs deny any knowledge of Dilawar being injured by the physical assaults, Jones will remember seeing Dilawar’s legs when his orange drawstring pants fell off of him while he was shackled. “I saw the bruise because his pants kept falling down while he was in standing restraints,” Jones will later recall. “Over a certain time period, I noticed it was the size of a fist.” Dilawar’s repeated cries and pleas for his release do little besides annoy his captors.
Fourth Interrogation Marked by Beatings - Dilawar’s fourth interrogation, on December 8, turns sour. Lead interrogator Specialist Glendale Walls will contend that Dilawar is hostile and evasive. Sergeant Selena Salcedo, another interrogator, will say that Dilawar smiled, refused to answer questions, and refused to stay kneeling on the ground or in his ordered “chair-sitting” posture against the wall. But the interpreter present, Ahmad Ahmadzai, has a different recollection. According to Ahmadzai, Dilawar denies launching any rockets at the Americans. He is unable to hold his cuffed hands above him while kneeling, and Salcedo slaps them back up whenever they begin to droop. “Selena berated him for being weak and questioned him about being a man, which was very insulting because of his heritage,” Ahmadzai will tell investigators. Both Salcedo and Walls repeatedly slam Dilawar against the wall: “This went on for 10 or 15 minutes,” Ahmadzei will say. “He was so tired he couldn’t get up.” Salcedo begins stamping his foot, yanking his head by grabbing his beard, and kicking him in the groin. Ahmadzai will state: “About the first 10 minutes, I think, they were actually questioning him, after that it was pushing, shoving, kicking and shouting at him. There was no interrogation going on.” Salcedo orders the MPs to keep him chained to the ceiling of his cell until the next shift comes on. [Knight Ridder, 8/21/2004; New York Times, 5/20/2005]
Chained to the Ceiling - The next morning, Dilawar is still chained to his ceiling. He begins shouting during the morning, and is ignored until around noon, when MPs ask another interpreter, Ebrahim Baerde, to see if he can calm Dilawar. Baerde will tell investigators: “I told him, ‘Look, please, if you want to be able to sit down and be released from shackles, you just need to be quiet for one more hour.’ He told me that if he was in shackles another hour, he would die.” A half-hour later, Baerde returns to the cell to find Dilawar slumped in his chains. “He wanted me to get a doctor, and said that he needed ‘a shot,’” Baerde will recall. “He said that he didn’t feel good. He said that his legs were hurting.” Baerde tells a guard, who checks Dilawar’s circulation by pressing down on his fingernails. According to Baerde, the guard says: “He’s okay. He’s just trying to get out of his restraints.” [New York Times, 3/4/2003; Guardian, 3/7/2003; Independent, 3/7/2003; Knight Ridder, 8/21/2004; New York Times, 9/17/2004; New York Times, 5/20/2005]
Dead Days Later - Dilawar will be found dead in his cell days later (see December 10, 2002).
Jamil al-Banna. [Source: Public domain]On December 8, 2002, British residents Bisher Al-Rawi and Jamil al-Banna are secretly flown from Gambia to the US military base in Bagram, Afghanistan. They had been held in Gambia by the CIA after the British intelligence agency MI5 gave the CIA false information suggesting the two of them were Islamist militants. In fact, they had worked until recently as informants for MI5. In Gambia, they were pressured to resume their informant work (see November 8, 2002-December 7, 2002). Once in Bagram, they are again pressured to be informants. The CIA asks if they will inform for them, instead of MI5. Al-Banna in particular is offered increasing sums of money and a US passport if he works for the CIA, but he refuses. [Washington Post, 4/2/2006] They are initially taken to the “dark prison” near Kabul and kept in the cold in complete darkness for two weeks. Loudspeakers blare music at them 24 hours a day. Al-Rawi will later recall: “For three days or so I just sat in the corner, shivering. The only time there was light was when a guard came to check on me with a very dim torch—as soon as he’d detect movement, he would leave. I tried to do a few push-ups and jogged on the spot to keep warm. There was no toilet paper, but I tore off my nappies and tried to use them to clean myself.” After about two weeks, they are taken to the nearby Bagram prison. They are heavily abused there too, starting by beating beaten up as they arrive. The two of them had worked as go-betweens between MI5 and the radical imam Abu Qatada, and in Bagram they are heavily pressured to incriminate Abu Qatada. By this time, Abu Qatada is imprisoned in Britain and fighting deportation. [Observer, 7/29/2007] Al-Banna will later tell a detainee in Guantanamo, Asif Iqbal, that Bagram was “rough” and “that he had been forced to walk around naked, coming and going from the showers, having to parade past American soldiers or guards including women who would laugh at everyone who was put in the same position.” [Rasul, Iqbal, and Ahmed, 7/26/2004 ] At no time during their detention are they permitted to see a lawyer, despite the fact that a habeas corpus petition has been filed on their behalf and is pending before British courts. In March 2003, they are sent to Guantanamo (see March 2003-November 18, 2007). [Amnesty International, 8/19/2003; Petition for writ of habeas corpus for Bisher al-Rawi, Jamil el-Banna and Martin Mubanga. Jamil el-Banna, et al. v. George Bush, et al., 7/8/2004 ]
Michael Ashcroft. [Source: Conservative Home Blogs.com]Former Drug Enforcement Administration analyst Jonathan Randel is sentenced to a year in prison on felony theft charges surrounding his passing of DEA information to Toby Follett, a London Times investigative reporter. Randel’s prosecution is unusual because he passed unclassified information to the reporter, and none of his actions threatened national security. The prosecutor of Randel’s case says flatly that Randel was taken to court to discourage other government employees from cooperating with the press. Additionally, there is wide speculation that Randel’s prosecution may have something to do with the target of Follett’s investigation, Lord Michael Ashcroft. Ashcroft (no relation to Attorney General John Ashcroft) was under investigation by the DEA because of his ownership of a bank in Belize that was a known outlet for laundered drug money. Randel provided Follett with information that was not classified, but was categorized as “sensitive.” Times editor Robert Thomson says that Randel’s prosecution is distressing because “[c]onfidential information is passed to journalists every day.” However, Justice Department prosecutor William Duffey, a former deputy independent counsel under Whitewater independent counsel Kenneth Starr, says that Randel’s prosecution was designed to warn other government workers of the dangers of cooperating with the media.
'Particularly Alarming' - Lucy Dalglish, head of the Reporters Committee for Freedom of the Press, says, “What is particularly alarming is that this is not classified information and is probably disclosable under the Freedom of Information Act. This is the kind of thing that journalists ask for every day.” She says that other, similar actions by other public employees have been addressed with reprimands and letters in their personnel files. “But jail?” she asks. Former Nixon White House counsel John Dean writes in 2004, “Clearly this was a warning aimed at potential whistleblowers in the federal bureaucracy, advising them to keep quiet, or risk jail.” [New York Times, 1/16/2003; Dean, 2004, pp. 67-69]
No Precedent - Neither Duffey nor anyone in the DEA can cite any other cases where the government has prosecuted an employee for leaking confidential but unclassified information. Lawyer Kevin Goldberg, legal counsel for the American Society of Newspaper Editors, says that such a prosecution is rare in the extreme. If such a broad standard were applied to other whistleblowers, then charges could well be brought against FBI agent Coleen Rowley, whose revelations of FBI mismanagement and obduracy before the 9/11 attacks earned her a citation as one of Time Magazine’s “Persons of the Year.” Journalism professor Catherine Manegold calls Randel’s prosecution “not too different from McCarthyism.… If we are confined to official, pre-vetted statements, that’s a terribly dangerous place to be.” [Fulton County Daily Report, 1/15/2003]
Protecting Lord Ashcroft - Dean will say that the Justice Department’s prosecution of Randel was extraordinary, writing that the Department “threw the book at him.” It filed a twenty-count indictment against Randel, including 16 separate charges for each time Randel used a DEA computer to locate information on Ashcroft, and characterizing each computer usage as a separate scheme to “defraud” the US government. If convicted of all charges and given the maximum possible sentence, Randel would have faced up to 580 years in prison—a prime reason, Dean believes, that Randel accepted a plea bargain to a single charge of felony theft. According to Dean, Randel strongly believes that the Justice Department prosecuted him to protect Ashcroft, a wealthy Conservative lord living in the United States. [Dean, 2004, pp. 67-69] According to his attorney, Steven Sadow, Randel thinks “Ashcroft was getting a free ride for crooked activities. That’s why he did what he did.” Ashcroft has filed a lawsuit for defamation of character against the Times over its charges that he was involved in drug trafficking and money laundering; the Times’s owner, Rupert Murdoch, settled the case by printing a front-page apology to Ashcroft (see December 8, 1999). [Fulton County Daily Report, 1/15/2003] Ashcroft is also being probed over his potentially illegal dealings with the US toy manufacturer Tyco, and is suspected of participating in racketeering, securities fraud, tax fraud, and/or falsification of records. [Dean, 2004, pp. 67-69]
Entity Tags: Robert Thomson, William Duffey, US Department of Justice, Steven Sadow, Reporters Committee for Freedom of the Press, Lucy Dalglish, London Times, American Society of Newspaper Editors, Catherine Manegold, Michael Ashcroft, Drug Enforcement Administration, Jonathan Randel, Kevin Goldberg, John Dean, Toby Follett
Timeline Tags: Civil Liberties
Carolyn Wood. [Source: CBC]On January 22, 2003, Capt. Carolyn A. Wood receives a Bronze Star for “exceptional meritorious service” as the head of military intelligence interrogators at Bagram. She and her small platoon of 15 interrogators from the 519th Military Intelligence Battalion returned from Afghanistan to their base at Fort Bragg, North Carolina earlier in the month. On May 8, 2003, Wood receives her second Bronze Star. [Knight Ridder, 8/21/2004] Wood was previously in charge of the US air base at Bagram, where detainees have alleged torture and where at least two detainees died as a result of physical abuse (see November 30-December 3, 2002)
(see December 26, 2002)
(see December 5-9, 2002). Wood and her battalion will be redeployed to Iraq and handle interrogations at the Abu Ghraib prison while abuses go on there (see July 15, 2003). She will implement nearly the same interrogation rules used in Bagram (see July 15, 2003).
The UN High Commissioner for human rights in Bosnia, Madeleine Rees, demands that colleagues involved in the sex trade in Bosnia, including some UN officials, international peacekeepers, and police, be stripped of their immunity and prosecuted. She accuses Jacques Paul Klein, the former head of the UN mission in Bosnia, of not taking UN complicity in the country’s increasing sex trade seriously enough. There has been a recent upsurge in the trafficking of women in Bosnia, with reports documenting women as young as 12 years old being kidnapped from their homes in eastern Europe and being forced into prostitution by organized criminal gangs. The demand for young women in Bosnia began in the mid-1990s with the arrival of tens of thousands of male UN personnel. Some UN personnel and international aid workers have been linked to prostitution rings in the area. Rees says private contractors such as DynCorp are major contributors to the problem. She goes on to explain how foreign nationals enjoy immunity from punishment, and how no one is prosecuted if a brothel is raided and UN police are found inside. Jan Oskar Solnes, a spokesman for the European Union Police Mission in Bosnia and Herzegovina, responding to Rees comments, says: “It’s correct we have diplomatic immunity, but I imagine any incident [of sexual misconduct] would be a personal rather than professional matter.” Kirsten Haupt, a spokeswoman for the United Nations Liaison Office (UNLO) in Bosnia, says, “All cases have been thoroughly investigated. We have sent a number of officers home. There is absolutely no toleration of a ‘boys will be boys’ attitude here.” Also, an unnamed spokesman for DynCorp says, “We do not make it a practice to comment on opinions… However, we are familiar with previous public statements Ms. Rees has made about involuntary servitude and DynCorp continues to share her concerns for women held against their will in Bosnia, just as we condemn all human rights abuses anywhere in the world.” [Scotsman, 2/9/2003]
Of the 35,000 Iraqis detained at one point or another by US forces, only about 1,300 are ever charged with a crime and only half of those are found guilty. The British Liberal Democrat party, which obtained the numbers from US Central Command, argues that the detentions are only serving to fuel the insurgency by creating discontent among the civilian population. [Guardian, 11/15/2005]
The US Army Corps of Engineers awards Halliburton subsidiary, Kellogg, Brown & Root (KBR), a sole-source monopoly contract to repair and operate Iraq’s oil infrastructure. The contract is awarded in secrecy without any competing bids from other qualified companies. Halliburton will eventually charge the government $2.4 billion for its work. The Defense Contract Audit Agency will find that about $263 million of these costs are either questionable or unsupported. Despite this, the US Army will pay Halliburton all but $10.1 million, or 3.8 percent, of the disputed costs. [New York Times, 2/27/2006; US Congress, 3/28/2006, pp. 3-4 ]
President Bush waives the last set of US sanctions against Pakistan. The US imposed a new series of sanctions against Pakistan in 1998, after Pakistan exploded a nuclear weapon (see May 28, 1998), and in 1999, when President Pervez Musharraf overthrew a democratically elected government (see October 12, 1999). The lifted sanctions had prohibited the export of US military equipment and military assistance to a country whose head of government has been deposed. Some other sanctions were waived shortly after 9/11. Bush’s move comes as Musharraf is trying to decide whether or not to support a US-sponsored United Nations resolution which could start war with Iraq. It also comes two weeks after 9/11 mastermind Khalid Shaikh Mohammed was captured in Pakistan (see February 29 or March 1, 2003). [Agence France-Presse, 3/14/2003]
Fahad al-Quso, far left, Jamal al-Badawi, in center with black cap, and two other militants in a Yemeni prison in February 2005. [Source: Khaled Abdullah / Reuters / Corbis]Ten suspects in the USS Cole bombing escape from prison in Aden, Yemen. The suspects include al-Qaeda operatives Jamal al-Badawi and Fahad al-Quso, both thought to play important roles in the Cole bombing (see October 12, 2000). [Associated Press, 4/11/2003] All ten are recaptured in Yemen in March 2004. [New York Times, 3/20/2004] After al-Badawi is recaptured, some Yemeni officials try unsuccessfully to claim a multimillion-dollar US award. Newsweek will later comment that this suggests the escape was a scam. At the time, al-Badawi apparently is friendly with Colonel Hussein al-Anzi, a top official in the Political Security Organization, Yemen’s version of the FBI. Al-Anzi will later be fired. [Newsweek, 2/13/2006] Al-Quso will later be sentenced to 10 years in prison in Yemen for his role in the Cole attack, while al-Badawi will be given the death penalty. However, al-Badawi will later escape again (see February 3, 2006), then be pardoned, and then imprisoned again (see October 17-29, 2007). Al-Quso also will be secretly freed by the Yemeni government in 2007 (see May 2007). [New York Times, 9/30/2004]
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]
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 ]
Army Brig. Gen. Janis Karpinski—a reservist with no experience managing prisons—takes over command of the 800th Military Police Brigade, an Army reserve unit from Uniondale in New York State, from Brig. Gen. Paul Hill. She is put in charge of three large jails, eight battalions, and thirty-four hundred Army reservists. Her office is located at Baghdad Airport. [Washington Post, 5/9/2004; New Yorker, 5/10/2004] She becomes the first female general officer to lead US soldiers in combat. [Washington Post, 5/12/2004] Karpinski’s brigade, consisting of 3,400 soldiers divided over three battalions, is initially put in charge of Camp Bucca and three other smaller facilities. At this time, Camp Bucca holds about 3,500 prisoners. [Signal Newspaper, 7/4/2004]
Janis Karpinski. [Source: US Army]Army Brig. Gen. Janis Karpinski, commander of the 800th MP Brigade (see June 29, 2003), is given control of 17 prisons in Iraq, including Abu Ghraib. The 800th MP Brigade is attached, but not formally assigned to Combined Joint Task Force (CJTF) 7, the command of US troops in Iraq. Gen. Ricardo S. Sanchez has “Tactical Control” over Karpinski and her brigade, allowing him, in the later words of Lt. Gen. Anthony R. Jones (see Shortly before August 24, 2004), “the detailed and usually local direction and control of movements and maneuver necessary to accomplish missions and tasks.” However, according to Jones’s account, Sanchez does not have “Operational Control,” which would provide “full authority to organize commands and forces and employ them as the commander considers necessary to accomplish assigned missions.” [US Department of Defense, 8/23/2004 ] Thus Sanchez, Karpinski will later explain, “was not my boss, but I answered to him.” The 800th MP Brigade remains assigned to the Coalition Forces Land Component Command (CFLCC), headed by Lt. Gen. David D. McKiernan in Kuwait. McKiernan, according to Karpinski, “insisted that we remain assigned to CFLCC, because he was concerned that the CJTF-7 headquarters was going to break us up and use us in lots of different military police functions [—] it was a dysfunctional line of command.” [Signal Newspaper, 7/4/2004]
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]
The front gate to the Abu Ghraib prison. [Source: US Marine Corps]After the attack on UN headquarters in Baghdad (see August 29, 2003), Brig. Gen. Janis L. Karpinski becomes more concerned about the security of Abu Ghraib. “[W]e knew that we were more vulnerable than we had even imagined.” A combat unit for the defense of the prison is required. “It was promised countless times,” says Karpinski. “But we never received them. And we took measures ourselves, to the extent that we could, to reinforce our entry control points, to get appropriate weapons to the extent we were able in the towers, to get sandbags around the tents for the prisoners so at least they would have a chance of defending themselves if anything happened again. And mortars came in every night.” [Signal Newspaper, 7/4/2004]
Paul Bremer signs Order 37, titled “Tax Strategy for 2003,” reducing the tax rate on corporations from a high of 40 percent to a flat rate of 15 percent. The income tax rate is also capped at 15 percent. “The highest individual and corporate income tax rates for 2004 and subsequent years shall not exceed 15 percent,” the order says. [Coalition Provisional Authority, 9/19/2003 ] The flat tax has long been a goal of economic conservatives and was planned for Iraq in pre-war planning sessions with Iraqi exiles. According to one Middle East expert interviewed by the Washington Post, the new tax system “has almost no support from other members of the US-appointed Iraqi Governing Council.” The new tax law will take effect in January. In the meantime, reports the Post, “Bremer has abolished all taxes except for real estate, car sales, gasoline and the pleasantly named ‘excellent and first class hotel and restaurant tax.’ Even while leaving these Hussein-era levies in place, Bremer exempted his coalition authority, the armed forces, their contractors, and humanitarian organizations. Exempting occupation personnel leaves only the Iraqis to pay taxes, as well as journalists, business people, and other foreigners.” [Washington Post, 11/2/2003]
In September and October 2003, Mohdar Abdullah, an associate of 9/11 hijackers Nawaf Alhazmi and Khalid Almihdhar who is being held in a US jail, allegedly brags to fellow prisoners that he knew the two hijackers were planning a terrorist attack (see Early 2000 and see Late August-September 10, 2001). Despite suspicions that he knowingly assisted the hijackers’ plans, Abdullah is only being held for an immigration violation, and he is due to be deported soon. But, according to the 9/11 Commission, the US Attorney for the Southern District of California decides not to prosecute him on charges stemming from these new allegations. Furthermore, the US Justice Department does not even delay his deportation to allow further investigation of this new information. In May 2004, the 9/11 Commission first hears about the new evidence against Abdullah. However, Abdullah is deported to Yemen on May 21, 2004 (see May 21, 2004). [9/11 Commission, 7/24/2004, pp. 217-219] Abdullah is a Yemeni citizen, and he has been stuck in prison for many months because the Yemeni government does not want him back. According to his lawyer, he is only able to be deported after intense pressure by the State Department on the Yemeni government (see May 21, 2004). [San Diego Union-Tribune, 5/26/2004] Not long after Abdullah is deported, a surveillance video will be discovered from the Los Angeles airport, showing Abdullah, Alhazmi, and an unknown third man seemingly casing the airport and recording security measures with a video camera (see June 10, 2000). It is not known when exactly this video is discovered, but a grand jury subpoena for it will be dated October 2004. In September 2006, some anonymous law enforcement officials will tell NBC News that they regret deporting Abdullah, given the discovered video. These officials will say that the FBI has reopened its investigation into Abdullah and is reexamining all of his contacts in the US. NBC News will comment: “Why didn’t they find these tapes until 2004 isn’t known—especially since the FBI knew that on the day these tapes were shot in June 2000, one of the hijackers went to Los Angeles Airport for a flight home to Yemen. Critics are certain to question whether the FBI again missed an important clue, and let a possible accomplice get away.” [MSNBC, 9/8/2006]
In Egypt, Muhammed Al-Zery is released after having spent almost two years in prison without being charged. He is an Egyptian who had been living in Sweden as a legal Swedish resident. Together with fellow Egyptian Ahmed Agiza, Al-Zery was whisked away from Sweden on December 18, 2001 on a CIA Gulfstream jet with the cooperation of the Swedish government (see December 18, 2001). Both were allegedly tortured in Egypt. [Washington Post, 7/25/2004; Guardian, 9/13/2004] Through family, attorneys, and Swedish diplomats, Agiza and Al-Zery have claimed that they were repeatedly subjected to electrical shocks. Agiza remains in prison and eventually, in April 2004, he will be convicted and sentenced to 25 years in prison. In 2008, it will be announced that the Swedish government is giving Al-Zery $500,000 for the illegal circumstances of his deportation to Egypt. The government also says that it believes Al-Zery was tortured in Egypt. However, Al-Zery remains in Egypt while attempting to gain asylum in Sweden. [Associated Press, 7/3/2008]
Iraqi farmers in central Iraq accuse the US occupation of bulldozing their crops as a form of collective punishment. The farmers say that the US soldiers blared messages through loudspeakers proclaiming that they were being punished for not informing the US forces of the insurgency. Several dozen Iraqi families are said to have lost their livelihoods from the incident. [Independent, 10/12/2003]
Twenty detainees are transferred from Guantanamo to their home countries. Whether they are to be released upon arrival or to remain in detention in these countries is not revealed. [US Department of Defense, 11/24/2003] Two days later, about 20 new detainees arrive. The total number of detainees at Guantanamo now stands at approximately 660. Little information about the identities and home countries of the detainees is released to the public. [US Department of Defense, 11/24/2003]
US intelligence and military sources tell the Guardian that urban warfare experts from the Israeli Defense Forces have been sent to Fort Bragg in North Carolina to help train US special forces in counterinsurgency. It is also claimed that Israel has sent military “consultants” to Iraq. US operations in Iraq, such as sealing off rebel strongholds with razor wire and demolishing buildings from where attacks have been launched on US forces, are seen as similar to tactics used by Israel in the occupied Palestinian territories. Sources also allege that Israel has aided US military forces in Iraq in the creation of “an assassination program” targeting suspected insurgent leaders behind the Syrian border. [Guardian, 12/9/2003]
An Abu Ghraib detainee being harassed by a dog. [Source: Public domain]A picture is taken of an incident of abuse at Abu Ghraib involving a dog. A “high value” Syrian detainee is photographed kneeling on the floor with his hands cuffed behind his back. An Army dog handler stands in front of him with his black dog, on a leash but not muzzled, a few feet away from the detainee. [US Department of Defense, 8/23/2004 ]
Mzoudi in an airport in Hanover, Germany, on June 21, 2005 as he returns to Morocco. [Source: Associated Press]Abdelghani Mzoudi is acquitted of involvement in the 9/11 attacks. Mzoudi is known to have been a friend and housemate of some of the 9/11 hijackers. A German judge tells Mzoudi, “You were acquitted not because the court is convinced of your innocence but because the evidence was not enough to convict you.” Mzoudi’s acquittal became likely after Germany received secret testimony from the US government that asserted Mzoudi was not part of the plot (see December 11, 2003). But the information apparently came from the interrogation of US prisoner Ramzi bin al-Shibh, and since the US would not allow Mzoudi’s defense to cross-examine bin al-Shibh, Mzoudi was released. [Daily Telegraph, 2/6/2004] Later in the year, Mzoudi acquittal is appealed to a higher court. Kay Nehm, Germany’s top federal prosecutor, again appeals to the US State Department to release interrogation records of bin al-Shibh to the court. However, the US still refuses to release the evidence, and a list of questions the court gives to the US for bin al-Shibh to answer are never answered. [Deutsche Presse-Agentur (Hamburg), 7/30/2004] On June 8, 2005, Mzoudi’s acquittal is upheld. Nehm calls the US’s government’s behavior “incomprehensible.” [Reuters, 6/9/2005] After the verdict, German authorities maintain that he is still a threat and give him two weeks to leave the country. He quickly moves back to his home country of Morocco, where he now lives. [Deutsche Welle (Bonn), 6/26/2005]
In May 2005, the Globe and Mail reports that friends and family of Nabil al-Marabh fear he is being jailed in Syria. He apparently lives freely there for a few months after being deported from the US in January 2004 (see January 2004), but then is arrested by Syrian intelligence agents. The article will note that, “US deportation records show that Mr. al-Marabh had expressed fears about being conscripted or tortured in Syria, which is notorious for abusing its prisoners.” [Globe and Mail, 5/11/2005] In late 2007, it will be reported that it is believed al-Marabh is still jailed in Syria, though there have been no reports of him being officially charged with any crime. [National Post, 10/6/2007]
Gouled Hassan Dourad. [Source: US Defense Department]Alleged “high value” al-Qaeda leader Gouled Hassan Dourad is captured. Dourad is captured by Djibouti government forces in his house in Djibouti. He is turned over to US custody at an unknown date and held as a ghost prisoner in the CIA’s secret prison system. On September 4, 2006, he will be transferred to the US-run prison in Guantanamo, Cuba, and will be officially declared a “high value” prisoner (see September 2-3, 2006).
Who Is Dourad? - Very little is publicly known about Dourad or why he is deemed an important militant leader. Virtually nothing has appeared about him in the media either before or after his capture. But his 2008 Guantanamo file will detail his history. According to that file, Dourad is a Somali who is an admitted member of both al-Qaeda’s East Africa branch and Al-Ittihad al-Islamiya (AIAI), an Islamist militant group based in Somalia that was blacklisted by the US shortly after 9/11. In 1993, he was granted asylum in Sweden, and lived there for nearly three years. In 1996, he trained in al-Qaeda linked training camps in Afghanistan. Returning to East Africa, he fought against Ethiopian forces for several years. Dourad grew more involved with al-Qaeda and took part in various plots. When he is caught, he allegedly is in the final stages of planning an operation against US military bases and various embassies in Djibouti. He does not seem to have been in frequent contact with many top al-Qaeda leaders, but it is claimed he worked closely with Abu Talha al-Sudani, a leader of al-Qaeda operations in East Africa. [US Department of Defense, 9/19/2008] Note that the Guantanamo files of prisoners often contain dubious information, and in some cases information that was extracted by torture (see April 24, 2011).
At Guantanamo, shortly before their release, Jamal Udeen, Tarek Dergoul, and the Tipton Three are asked to sign a document confessing to having links with al-Qaeda and the Taliban. Iqbal remembers: “It was along the lines that I was a member of the Taliban and al-Qaeda, however I have since changed. In other words I had changed my mind since I was detained at Guantanamo Bay. It went on to say that if I was suspected of anything at any time by the United States, I could be picked up and returned to Guantanamo Bay.” He is told that signing the document is a precondition for going back to Britain. “I didn’t really believe him,” Iqbal later says, and so he refused to sign. [Rasul, Iqbal, and Ahmed, 7/26/2004 ] Jamal Udeen also has a confession statement presented to him by a British official. “This was given to me first by the Americans and then by a British diplomat who asked if I agreed to sign it. I just said ‘No.’ I would rather have stayed in Guantanamo than sign that paper.” [Mirror, 3/12/2004]
The FAA takes disciplinary action against a manager at its New York Center who deliberately destroyed an audio tape containing the recorded accounts of six of the center’s air traffic controllers, describing their experiences with the hijacked aircraft on 9/11, but this manager does not face criminal prosecution for destroying the tape. [Washington Post, 5/7/2004; Air Safety Week, 5/17/2004]
Department of Transportation Investigation - The Department of Transportation’s Office of Inspector General (OIG) has been investigating how well the FAA cooperated with the 9/11 Commission’s requests for agency documents and other materials. A particular allegation is that the FAA destroyed an audio tape that was made on September 11, of New York Center controllers recounting their actions and observations during that day’s attacks.
Quality Assurance Manager Suspended - The OIG recommended to the FAA administrator that the conduct of the two key figures in the matter—New York Center manager Mike McCormick and quality assurance manager Kevin Delaney—be reviewed and appropriate action taken against them. Delaney, who was responsible for destroying the tape (see Between December 2001 and February 2002), is now given a 20-day suspension without pay. He will appeal the decision, though whether his appeal is successful is unstated. McCormick, who directed that the tape be made on September 11 (see 11:40 a.m. September 11, 2001), is not subjected to any disciplinary action.
No Criminal Prosecution - The OIG also referred the details of its investigation to the US Attorney’s office in the Eastern District of New York for review as to whether any criminal statutes had been violated. But after considering the facts, the US Attorney’s office decided not to pursue any potential prosecution due to what it considered a lack of criminal intent. [US Department of Transportation, 5/4/2004 ; Washington Post, 5/7/2004; Air Safety Week, 5/17/2004]
Lynndie England. [Source: CBS]Pfc. Lynndie England becomes the seventh on the list of MPs charged with criminal behavior committed at Abu Ghraib. She is charged with indecent acts, assault of detainees, conspiring to “maltreat Iraqi detainees,” and committing acts “prejudicial to good order and discipline and were of nature to bring discredit upon the armed forces through her mistreatment of Iraqi detainees.” [CNN, 5/8/2004]
The Washington Post reports that according to Pentagon figures and estimates by intelligence experts, “more than 9,000 people are held by US authorities overseas… the vast majority under military control.” Najeeb Nuaimi, a former justice minister of Qatar, tells the Post: “The number of people who have been detained in the Arab world for the sake of America is much more than in Guantanamo Bay. Really, thousands.” [Washington Post, 5/11/2004] The Independent will similarly report a few days later that “almost 10,000 prisoners [are] held around the world in secretive American-run jails and interrogation centers.” [Independent, 5/15/2004]
Nouri Badranm, a recently retired interior minister of Iraq’s Governing Council, tells Reuters that US soldiers running detention camps in Baghdad concealed the conditions of the prison from Iraqi officials who came to inspect the facility. “Every time they had pressure on them and there was a visit, they arranged things in advance,” he explains. “They cleaned up the prison and fixed the situation of the prisoners. So when a council member or another official went there they saw nothing.” He also says that occupation officials were aware that abuses were going on. “The abuses have been happening for a long time and the occupation forces knew about them. We heard about them from prisoners who were released. The occupation officials said nothing when we asked them.” [Reuters, 5/12/2004; China Central Television, 5/13/2004]
On May 14, 2004, 293 prisoners are released from Abu Ghraib prison. [CNN, 5/18/2004] Over the next weeks until mid-June, an estimated additional 1,680 prisoners are released from the prison. [US News and World Report, 6/21/2004] Prior to these mass releases, there were about 3,800 prisoners at Abu Ghraib. [CNN, 5/18/2004]
In an e-mail, an “On Scene Commander” of the FBI in Baghdad refers to an executive order by President Bush allowing aggressive interrogation techniques to be used at any rate in Iraq by Task Force 6-26, which is the new name for JTF-121. These techniques include sleep deprivation, stress positions, loud music, yelling, stripping, dogs, and hooding. The executive order is still in use even though the use of hooding, stress positions, dogs, and stripping at Guantanamo and in Afghanistan were prohibited on January 15, 2003 (see January 15, 2003). Since the FBI agent has been ordered to report instances of abuse (see May 19, 2004), he notes a dilemma: would the techniques authorized by the executive order constitute abuse or not? He writes: “This instruction begs the question of what constitutes ‘abuse.’ We assume this does not include lawful interrogation techniques authorized by executive order.” A week before, apparently as a result of the unfolding of the Abu Ghraib scandal, some techniques described in the executive order could only be used with special approval from top levels in the hierarchy. Thus, the FBI agent says in his e-mail: “[W]e will still not report the use of these techniques as ‘abuse’ since we will not be in a position to know whether, or not, the authorization for these tactics was received from the aforementioned high-level officials. We will consider as abuse any physical beatings, sexual humiliation or touching, and other conduct clearly constituting abuse. Yet, there may be a problem if OGC [FBI Office of General Counsel] does not clearly define ‘abuse’ and if OGC does not draw a clear line between conduct that is clearly abusive and conduct that, while seemingly harsh, is permissible under applicable Executive Orders and other laws. In other words, we know what’s permissible for FBI agents but are less sure what is permissible for military interrogators.” [FBI, 5/14/2004]
Ahmed Khalil Ibrahim Samir al-Ani, an Iraqi intelligence agent, was captured by US forces in Iraq at some point after the invasion of Iraq in 2003. His arrest was not announced and he was put in a secret CIA prison. It is unknown when he was arrested exactly, but in June 2004, the FBI is allowed to interrogate him. Al-Ani gained notoriety after 9/11 when Bush administration officials claimed he had a meeting with 9/11 hijacker Mohamed Atta in Prague, in the Czech Republic (see April 8, 2001). He tells the FBI that he never saw or heard of Atta until Atta’s face appeared in the news shortly after 9/11. [US Senate and Intelligence Committee, 9/8/2006, pp. 100 ] The allegations that the meeting took place have been slowly dying despite the efforts of some Bush administration officials to promote them (see September 18, 2001-April 2007). Also in June 2004, the 9/11 Commission publicly asserts that the alleged meeting never took place (see June 16, 2004). Nonetheless, al-Ani is kept in a secret CIA prison until 2006 and then quietly released (see 2006). His denials are kept secret until September 2006 (see September 8-10, 2006).
The Guardian, during the course of an in-depth investigation of the Bagram air base in Afghanistan, learns that while some of the base’s prisoners are being transferred to Guantanamo, others are being purposely kept off the books, a practice that a human rights organization has coined, “RPing,” or “Rumsfeld Processing.” These prisoners are sometimes called ghost prisoners. These detainees are sometimes rendered to the intelligence services of Egypt or other foreign governments for interrogation. [Guardian, 6/23/2004]
One day before the dissolution of the Coalition Provisional Authority, Paul Bremer signs an extension to Order 17, which granted US personnel and contractors immunity from prosecution by the Iraq government. [Coalition Provisional Authority, 6/17/2004 ] The extension will make it impossible for future Iraqi governments to recover funds that were wrongly paid to US contractors by the CPA. [Boston Globe, 4/16/2006]
British detainee Moazzam Begg, being held in Guantanamo, manages to send a handwritten four-page letter uncensored by US authorities. Begg’s lawyers in Britain describe this as an “oddity.” His solicitor Stafford Smith says the letter must have been released either “by mistake or because someone in the US has a conscience.” In the letter, Begg describes having been subjected to “pernicious threats of torture, actual vindictive torture, and death threats, amongst other coercively employed interrogation techniques.” This happened “particularly, though unexclusively in Afghanistan.” Interviews, Begg writes, “were conducted in an environment of generated fear, resonant with terrifying screams of fellow detainees facing similar methods. In this atmosphere of severe antipathy towards detainees was the compounded use of racially and religiously prejudiced taunts. This culminated, in my opinion, with the deaths of two fellow detainees (see November 30-December 3, 2002)
(see December 10, 2002) at the hands of US military personnel, to which I myself was partially witness.” [Guardian, 10/1/2004]
Huda al-Azzawi is the last female detainee to be released from the Hard Site at Abu Ghraib. She is flown by a helicopter to Al Taji, a US military base north of Baghdad.“After eight months in prison they suddenly treated me like a queen,” she later recalls. “It was weird. They offered me some Pepsi. I could take a shower. There was air conditioning. There were four female soldiers to look after me. The doctor came to see me four times in 24 hours. They made me sign a piece of paper promising not to leave the country. And then I was free.” [Guardian, 9/20/2004] Her release is reportedly due to intervention by Sheik Hicham al-Duleimi. During her stay in prison, her husband had filed for divorce. After her release, she became the Sheik’s nineteenth wife. “I would have liked,” she said looking back, “at the moment I was leaving my cell, to have had a profound thought or to have pronounced a meaningful sentence. I was the last woman in the prison! But my head was empty. Bizarrely, the only words that came to my mind were English: ‘Bye-bye.’ But, I believe I have still not completely left Abu Ghraib.” [Le Monde (Paris), 10/12/2004] Asked what she thinks of Americans now, after the terrible ordeal of her and her family, she answers, “I hate them.” [Guardian, 9/20/2004]
Four French nationals, detained at Guantanamo, are transferred to the French government. They had never been charged with any crime. [US Department of Defense, 7/27/2004] They are Mourad Benchellali, Nizar Sassi, Imad Kanouni, and Brahim Yadel. [BBC, 10/4/2004] Apart from these French detainees, 18 have been transferred to the control of their governments: seven to Russia, four to Saudi Arabia, one to Spain, one to Sweden, and five to Britian. A total of 129 detainees have been released. [US Department of Defense, 7/27/2004]
Human Rights Watch says trials being held in Guantanamo before military commissions are “fundamentally flawed” and “fall far short of international due process standards.” [Human Rights Watch, 1/9/2004]
An unnamed secret CIA prison in Kabul. [Source: Trevor Paglen]The New York Times reports the existence of a secret CIA detention facility housed in a hotel in the center of Kabul called the “Ariana.” It is off-limits to the International Committee of the Red Cross (ICRC) and the number of detainees held there is unknown. A former Taliban commander, Mullah Rocketi, was reportedly detained there for eight months. He says conditions were reasonably comfortable and he was not mistreated. He was released in 2003 after making an undisclosed deal with his captors. Another Taliban leader detained at the Ariana since January 2004 is Jan Baz Khan, according to an anonymous US military commander. [New York Times, 9/17/2004]
The four Britons newly released from Guantanamo (see January 25, 2005) are brought to Britain, arrested and questioned by British police, and then released again. [Guardian, 1/26/2005] A Pentagon spokesman says the US believes the four men continue to pose a security threat. [Guardian, 1/27/2005]
The corpses of Sunni males begin appearing in Baghdad’s main morgue after reportedly being detained by men wearing police uniforms. The abductors are often seen driving Toyota Land Cruisers and armed with Glocks. A US official claims that police uniforms can be bought for a cheap price by non-governmental armed groups. But unexplained is how the attackers can afford Toyotas and Glocks, both of which are very expensive and usually only used by Western contractors and Iraqi government forces. Faik Baqr, director of the morgue, tells Knight Ridder that the bodies always look as if they were killed in a “methodical” fashion. The bodies are often tortured and mutilated with their eyes blindfolded.
They look as if they had been “whipped with a cord, subjected to electric shocks or beaten with a blunt object and shot to death, often with single bullets to their heads.” The torture markings are similar to those that have been found on the bodies of survivors rescued from Interior Ministry prisons by the human rights ministry. The morgue director also says that he has been receiving about 700 to 800 suspicious deaths a month ever since May, with 500 having firearm wounds. [Knight Ridder, 6/28/2005]
Bunnatine H. Greenhouse, who earlier criticized the US Army Corps of Engineers’ sole-source contract with Halliburton at a public hearing (see June 27, 2005), is demoted from her position as Principal Assistant Responsible for Contracting (PARC). Greenhouse, who was known for her steadfast adherence to regulations enforcing fair competition, received high performance ratings at the beginning of her tenure, which began in 1997. But after she began objecting to the contracts being awarded to Halliburton subsidiary Kellogg, Brown, & Root (KBR), her reviews became negative. [New York Times, 8/29/2005; Democratic Policy Committee, 9/16/2005, pp. 8-9 ]
The FBI begins to build cases against high value detainees held by the US in Guantanamo Bay, due to Defense Department fears that evidence obtained from the detainees by the CIA will be inadmissible or too controversial to present at their upcoming war crimes tribunals. The investigation, which involves up to 300 agents in a “Guantanamo task force,” runs for at least two years and FBI agents travel widely to collect evidence. According to former officials and legal experts, “The [FBI] process is an embarrassment for the Bush administration, which for years held the men incommunicado overseas and allowed the CIA to use coercive means to extract information from them that would not be admissible in a US court of law—and might not be allowed in their military commissions….” In fact, the techniques used to extract the confessions even cause some CIA officials to question whether they are believable, much less sustainable in court, particularly as CIA officers are not trained to obtain evidence that can be used in such a setting. In addition, if the information is used, this may focus the trials on the actions of the CIA and not the accused. The detainees will be designated enemy combatants in 2007 in preparation for military commissions (see March 9-April 28, 2007 and August 9, 2007), but this process will be questioned by a judge (see June 4, 2007). The Los Angeles Times will also comment, “The FBI’s efforts appear in part to be a hedge in case the commissions are ruled unconstitutional or never occur, or the US military detention center at Guantanamo Bay is closed. Under those scenarios, authorities would have to free the detainees, transfer them to military custody elsewhere, send them to another country, or have enough evidence gathered by law enforcement officials to charge them with terrorism in US federal courts.” [Los Angeles Times, 10/21/2007]
The Justice Department files in US District Court in Alexandria a list of 89 questions for potential jurors in the forthcoming death penalty trial of al-Qaeda conspirator Zacarias Moussaoui. Months earlier Moussaoui pleaded guilty to all terrorism charges against him, but promised to fight the death penalty (See April 22, 2005). The Justice Department’s questions include requests for very specific biographical information, and queries about whether the individual socializes with people of Arab descent. They also cover such things as their religious beliefs and practices, and their views about Islam, the US government, and the death penalty. According to legal experts, the level of detail is extraordinary and indicates the high stakes of the prosecution. [Associated Press, 11/28/2005; Washington Post, 11/29/2005] Two days later, lawyers representing Moussaoui submit an even more extensive list to the trial judge, with 306 questions. These include asking potential jurors about their personal response to the 9/11 attacks, and their opinions of other high-profile FBI investigations such as Waco and Ruby Ridge. A sixth of the questions probe their attitudes to the death penalty. There are also questions about their work history over the previous 15 years, and whether they have ever worked for the government or a government contractor. [Associated Press, 11/30/2005; CNN, 12/1/2005] The jury selection process will involve 500 potential jurors being summoned to the Alexandria courthouse on February 6, 2006 to fill in questionnaires, then returning starting a week later to be questioned by the judge. The process is expected to take a month, which is far longer than most cases at the Alexandria courthouse. [Associated Press, 12/29/2005; Washington Post, 12/29/2005] Moussaoui’s trial will commence on March 6, 2006, and two months later he will be sentenced to life imprisonment for his role in the 9/11 attacks. [Guardian, 3/7/2006; BBC, 5/4/2006]
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