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

Prisoner Deaths, Murders and Executions

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

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The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal.The “Tipton Three.” From left: Shafiq Rasul, Rhuhel Ahmed, and Asif Iqbal. [Source: Martin Cleaver / Associated Press]Three young men from Tipton in the English West Midlands, all British citizens, find themselves detained in Afghanistan by the Northern Alliance. [Guardian, 8/4/2004] Shafiq Rasul, of Pakistani descent, and a temporary employee with Currys, flew to Pakistan in October 2001 [Guardian, 3/10/2004] in order, he claims, “to visit relatives…, explore his culture, and continue his computer studies.” While in Pakistan, he was seized “after leaving a visit with his aunt.” Asif Iqbal, a factory worker, traveled to Pakistan with the intention “to marry a woman from his father’s small village.” [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] Shortly before the marriage was to take place, Iqbal told his father he wanted to visit a friend in Karachi. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] While still in Pakistan, he too was captured. [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] The third man from Tipton, Rhuhel Ahmed, is a friend of Iqbal, also a factory worker and is the same age. Ahmed flew to Pakistan shortly after his friend. [Guardian, 3/10/2004] In 2007, Ahmed will confess that he visited an Islamist training camp and also handled weapons and learned how to use an AK47. [Observer, 6/3/2007] The three narrowly escape death when they are loaded along with almost 200 others into containers for transport to Sheberghan prison. The journey takes almost eighteen hours, during which almost all die due to lack of oxygen and shot wounds caused by Northern Alliance troops who at one point riddle the containers with bullets. Asif is shot in the arm. The three are among the only 20 prisoners who survive. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Asif Iqbal, Northern Alliance, Rhuhel Ahmed, Shafiq Rasul

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Prisoner Deaths, Medical Services Denied, Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul, Other US Bases and Centers

A mass grave dug up near Mazar-i-Sharif, Afghanistan.
A mass grave dug up near Mazar-i-Sharif, Afghanistan. [Source: Physicians for Human Rights]Even as the US is allowing some Taliban and al-Qaeda to secretly fly out of Kunduz, Afghanistan (see November 14-25, 2001), it allows a brutal massacre of those who had to stay behind. The Glasgow Sunday Herald later says, “It seems established, almost beyond doubt, that US soldiers oversaw and took part in horrific crimes against humanity,” which resulted in the death of thousands of Taliban supporters who surrendered after Kunduz fell to the Northern Alliance. The documentary, Afghan Massacre: Convoy of Death, exposes this news widely in Europe, but the massacre goes virtually unreported in the US. [Sunday Herald (Glasgow), 6/16/2002]

Entity Tags: Northern Alliance, United States, Taliban

Timeline Tags: Complete 911 Timeline, War in Afghanistan

Category Tags: Prisoner Deaths

Qaed Senyan al-Harethi.Qaed Senyan al-Harethi. [Source: Yemen Observer]A CIA-operated Predator drone fires a missile that destroys a truck of suspected al-Qaeda operatives in Yemen. The target of the attack is Qaed Salim Sinan al-Harethi, a top al-Qaeda operative, but five others are also killed, including American citizen Kamal Derwish. [Washington Post, 11/4/2002; Associated Press, 12/3/2002] Al-Harethi is said to have been involved in the 2000 bombing of the USS Cole. Bush administration officials say Derwish was the ringleader of a sleeper cell in Lackawanna, New York (see September 13, 2002). [Washington Post, 11/9/2002; Newsweek, 11/11/2002] A former high-level intelligence officer complains that Defense Secretary Donald Rumsfeld wants “to take guys out for political effect.” Al-Harethi was being tracked for weeks through his cell phone. [New Yorker, 12/16/2002] The attack happens one day before mid-term elections in the US. Newsweek will note that timing of the strike “was, at the very least, fortuitous” for the Bush administration. [Newsweek, 11/11/2002] New Yorker magazine will later report, “The Yemeni government had planned to delay an announcement of the attack until it could issue a joint statement with Washington. When American officials released the story unilaterally, in time for Election Day, the Yemenis were angry and dismayed.” [New Yorker, 12/16/2002] Initial reports suggest the truck was destroyed by a car bomb. But on November 5, Deputy Defense Secretary Paul Wolfowitz will brag about the strike on CNN, thus ruining the cover story and revealing that the truck was destroyed by a US missile (see November 5, 2002). [Newsweek, 11/11/2002] US intelligence appears to have learned of al-Harethi’s whereabouts after interrogating Abd al-Rahim al-Nashiri, captured the month before (see Early October 2002).

Entity Tags: Qaed Salim Sinan al-Harethi, Scott L. Silliman, Kamal Derwish, Condoleezza Rice, Al-Qaeda, Paul Wolfowitz, Central Intelligence Agency

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Prisoner Deaths

Kamal Derwish.Kamal Derwish. [Source: PBS]The revelation that the US killed Qaed Salim Sinan al-Harethi in Yemen with a Predator missile strike (see November 3, 2002 and November 5, 2002) sparks a debate about the morality and legality of remote attacks outside of war zones. The Bush administration had previously criticized Israel’s policy of “targeted killings” of Palestinian militants. Newsweek comments, “A State Department spokesman bobbed and weaved and tried to draw distinctions. But, privately, administration officials say the difference is really one of scale and frequency.” [Newsweek, 11/11/2002] Many international lawyers and some foreign governments question the legality of the assassination. [Guardian, 11/6/2002] For decades, the US government has been prohibited from conducting assassinations. The Bush administration says it still adheres to that policy but makes an exception for “enemy combatants” such as al-Qaeda leaders. In December 2002, it will be revealed that President Bush approved a secret “high-value target list” of about two dozen terrorist leaders, giving the CIA basic executive and legal authority to either kill or capture those in the list. The CIA is also empowered to capture or kill terrorists not mentioned in the list (see September 17, 2001). [New York Times, 12/15/2002] Additional controversy is generated when it is discovered that US citizen Kamal Derwish was one of those killed in the strike. Derwish is alleged to have been connected to an al-Qaeda cell in Buffalo, New York. US officials say the CIA has the legal authority to target and kill US citizens it believes are working for al-Qaeda (see July 22, 2002). [Associated Press, 12/3/2002] The New Yorker reveals that there were two planned Predator strikes in Yemen called off at the last minute that turned out to be aimed at innocent people instead of al-Harethi. One recently retired Special Forces operative who served on high-level planning staffs at the Pentagon warns that the civilians running the military are no longer trying to “avoid the gray area.” Defense Secretary Donald Rumsfeld is reportedly behind the effort to use the CIA and special forces for more remote killings (see July 22, 2002). One former high-level intelligence officer complains, “They want to turn these guys into assassins. They want to go on rumors—not facts—and go for political effect, and that’s what the Special Forces Command is really afraid of.” [New Yorker, 12/16/2002] Noting that in its battle against al-Qaeda, the US has effectively deemed the entire planet a combat zone, Scott Silliman, director of Duke University’s Center on Law, Ethics and National Security says, “Could you put a Hellfire missile into a car in Washington, DC?…The answer is yes, you could.” But National Security Adviser Condoleezza Rice says, “No constitutional questions are raised here.” [Chicago Tribune, 11/24/2002; Associated Press, 12/3/2002]

Entity Tags: Scott L. Silliman, Condoleezza Rice, Kamal Derwish, Donald Rumsfeld, Qaed Salim Sinan al-Harethi

Timeline Tags: Complete 911 Timeline

Category Tags: Prisoner Deaths

An Afghan detainee dies of hypothermia while being brutalized by CIA interrogators at a secret prison north of Kabul code-named the “Salt Pit” (see After October 2001). The detainee, whose name is Gul Rahman, is considered uncooperative (see November 2002). [Washington Post, 3/3/2005; ABC News, 11/18/2005; Associated Press, 3/28/2010] He had originally been arrested in Pakistan, and then brought to Afghanistan. [Washington Post, 9/19/2009] An inexperienced junior CIA case officer named Matthew Zirbel, who is in charge of the Salt Pit, orders Rahman to be stripped semi-naked, chained to the concrete floor, and left overnight without blankets. [Washington Post, 3/3/2005; ABC News, 11/18/2005; Mahoney and Johnson, 10/9/2009, pp. 29 pdf file] The incident will later be confirmed by four government officials. Afghan guards paid by the CIA and working under agency supervision take Rahman to an abandoned warehouse, drag him around on the concrete floor, causing bruising and lacerations, before chaining him in his cell. When night falls, the temperature plummets. Rahman is found in the morning, frozen to death. A CIA medic quickly autopsies him and states that “hypothermia” is the cause of death, and guards bury the body in an unmarked, unacknowledged cemetery used by Afghan forces. The man’s family is not notified, and his remains are never returned for a proper burial. The man is not listed on any registry of captives, not even as a so-called “ghost detainee.” One government official says simply, “He just disappeared from the face of the earth.” Zirbel will later be promoted. [Washington Post, 3/3/2005; ABC News, 11/18/2005] Zirbel’s supervisor, the CIA chief of station in Afghanistan known only as Paul P., will go on to play a role in incidents of detainee abuse in Iraq, although details about this are unknown. [Washington Post, 9/19/2009; Harper's, 3/28/2010] Colleagues later describe Zirbel as “bright… eager, [and] full of energy,” and say that he was placed in charge of the facility because “there were not enough senior-level volunteers,” according to one senior intelligence officer. “It’s not a job just anyone would want. More senior people said, ‘I don’t want to do that.’ There was a real notable absence of high-ranking people” in Afghanistan. Moreover, the officer will add: “[T]he CIA did not have a deep cadre of people who knew how to run prisons. It was a new discipline. There’s a lot of room to get in trouble.” The CIA will brief the chairmen and vice chairmen of the House and Senate Intelligence Committees on the death, but at least one official will say the briefing is incomplete. Senator John D. Rockefeller (D-WV), the ranking minority member of the Senate Intelligence Committee, will ask the committee chairman, Pat Roberts (R-KS), to investigate Rahman’s death, but Roberts will refuse. No one is sure if Rahman had any real connection to al-Qaeda or the Taliban. “He was probably associated with people who were associated with al-Qaeda,” one US government official will say. [Washington Post, 3/3/2005; ABC News, 11/18/2005]

Entity Tags: House Intelligence Committee, Matthew Zirbel, “Paul P.”, Pat Roberts, Central Intelligence Agency, John D. Rockefeller, Gul Rahman, Senate Intelligence Committee

Category Tags: Detainments, Prisoner Deaths, Extreme Temperatures, Medical Services Denied, Physical Assault, Stress Positions, Salt Pit (Afghanistan)

Habibullah.Habibullah. [Source: CBS]Mullah Habibullah, a 30-year-old Afghan from the southern province of Oruzgan, dies of complications related to “blunt force trauma” while in detention at the US base at Bagram. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Habibullah was captured by an Afghan warlord on November 28, 2002, and delivered to Bagram by the CIA on November 30. Habibullah is identified as the brother of a former Taliban commander, and later described as portly, well-groomed, and, in the words of American military police officer Major Bobby Atwell, “very confident.” [New York Times, 5/20/2005]
Injured When Delivered into US Custody - When Habibullah arrived at the US air base, he was reportedly already severely hurt. Despite his condition, according to one account, he was isolated “in a ‘safety’ position [stress position], with his arms shackled and tied to a beam in the ceiling.” He was left in that position for days, but regularly checked on. [Knight Ridder, 8/21/2004]
Targeted for Abuse - Though battered and ill, Habibullah’s defiance makes him a target for physical abuse, with the MPs and guards repeatedly attacking his legs. (Some guards will later claim Habibullah’s injuries were received when he tried to escape.) Most of the Americans will later describe Habibullah as insubordinate; one will recall being kneed in the groin by Habibullah after subjecting the prisoner to a rectal examination. Habibullah’s interrogations produce little of worth, in part because the MPs who interrogate him usually have no interpreters available. Sometimes the MPs demand that another prisoner translate for them; usually the interrogation sessions contain no more than physical restraints or beatings. [New York Times, 5/20/2005] At some point, Sgt. James P. Boland, a guard from the Army Reserve’s 377th MP Company from Cincinnati, allegedly watches as a subordinate beats Habibullah. [New York Times, 9/17/2004] The beating of Habibullah was likely witnessed by British detainee Moazzam Begg, who will later say he witnessed the death of “two fellow detainees at the hands of US military personnel” while at Bagram (see July 12, 2004). [Guardian, 10/1/2004; New York Times, 10/15/2004]
Complaints of Chest Pains Mocked - During his last interrogation session, on December 2, Habibullah spends the entirety of the session coughing and complaining of chest pains. His right leg is stiff and his right leg swollen. The interpreter for the session, Ebrahim Baerde, later recalls the interrogators “laughing and making fun of” Habibullah “because he was spitting up a lot of phlegm.” Habibullah is still defiant; when one interrogator asks if he wants to spend the rest of his life in handcuffs, Baerde will recall the prisoner retorting, “Yes, don’t they look good on me?” [New York Times, 5/20/2005]
Found Dead, Hanging from Shackles - On December 3, Habibullah is found dead, still hanging in his shackles. [Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; New York Times, 9/17/2004] Boland sees Habibullah hanging from the ceiling of his cell, suspended by two sets of handcuffs and a chain around his waist. His body is slumped forward and his tongue is protruding. Boland, along with Specialists Anthony Morden and Brian Cammack, enters the cell. Cammack puts a piece of bread in Habibullah’s mouth; another soldier puts an apple in Habibullah’s hand, and it falls to the floor. According to Cammack, Habibullah’s spit gets on Cammack’s chest. Later, Cammack will acknowledge, “I’m not sure he spit at me,” but now he screams, “Don’t ever spit on me again!” and knees Habibullah in the thigh “maybe a couple” of times. Habibullah makes no response; his body swings limply from the chains. Twenty minutes later, the guards unchain Habibullah and lay him on the floor. He has no pulse. Cammack, according to another guard, “appeared very distraught” and “was running about the room hysterically.” An MP is sent to wake a medic, who refuses to respond, telling the MP to call an ambulance instead. By the time a second medic arrives at the cell, Habibullah is laid spreadeagled on the floor, eyes and mouth open. “It looked like he had been dead for a while, and it looked like nobody cared,” the medic, Staff Sergeant Rodney Glass, will later recall. Atwell will later recall that Habibullah’s death “did not cause an enormous amount of concern ‘cause it appeared natural.” The autopsy, completed five days later, will show bruises and abrasions on Habibullah’s chest, arms, and head. The body has severe contusions on the calves, knees, and thighs, and the sole print of a boot is on his left calf. The death will be attributed to a blood clot, probably caused by the severe injuries to his legs, which traveled to his heart and blocked the blood flow to his lungs. [New York Times, 5/20/2005] His legs have been struck so forcefully, according to one death certificate, it complicated his coronary artery disease. Another certificate will say the beating led to a pulmonary embolism, which is a blockage of an artery in the lungs, often caused by a blood clot. [USA Today, 5/31/2004]
Commanding Officer Able to Hear Screams, Moans of Detainees - In charge of the military intelligence interrogators at Bagram at this time is Capt. Carolyn A. Wood. According to an anonymous intelligence officer, Wood should be aware of what is happening to prisoners at Bagram since interrogations take place close to her office. The intelligence officer will recall hearing screams and moans coming out from the interrogation and isolation rooms. [Knight Ridder, 8/21/2004]

Entity Tags: Carolyn A. Wood, Anthony Morden, Bobby Atwell, Brian Cammack, James P. Boland, Rodney Glass, Ebrahim Baerde, Mullah Habibullah, Moazzam Begg, Taliban

Timeline Tags: War in Afghanistan

Category Tags: Prisoner Deaths, Physical Assault, Stress Positions, Bagram (Afghanistan), Key Events, Other Detainees

Dilawar.Dilawar. [Source: CBS]Dilawar, an Afghan farmer turned taxi driver who was detained by US troops on December 5 (see December 5-9, 2002), is found dead in his cell at Bagram. Earlier that day, he was taken to the interrogation room for what will be his last interrogation. An interpreter will later describes him with legs uncontrollably jumping and numbed hands; Dilawar had been chained by his wrists to the top of his cell for four days and suffered repeated beatings from guards. He is agitated and confused, crying that his wife is dead and complaining of being beaten by his guards. Interpreter Ali Baryalai will later tell investigators, “We didn’t pursue that.”
Making Sure the Prisoner is Hydrated - Dilawar is interrogated by two MPs, Specialists Glendale Walls and Joshua Claus. Though Walls is the lead interrogator, the more aggressive Claus quickly takes control of the proceedings. “Josh had a rule that the detainee had to look at him, not me,” the interpreter will tell investigators. “He gave him three chances, and then he grabbed him by the shirt and pulled him towards him, across the table, slamming his chest into the table front.” Both Walls and Claus slam Dilawar against the wall when he tries and fails to kneel; he begins to either fall asleep or pass out. Baryalai will later state, “It looked to me like Dilawar was trying to cooperate, but he couldn’t physically perform the tasks.” As Baryalai will later tell investigators, Claus grabs Dilawar, shakes him, and tells him that if he does not cooperate, he will be shipped to a prison in the United States, where he would be “treated like a woman, by the other men” and face the wrath of criminals who “would be very angry with anyone involved in the 9/11 attacks.” Dilawar asks for a drink of water, and Claus responds by taking a large plastic water bottle and, instead of giving Dilawar the water, punching a hole in the bottom of the bottle. As Dilawar fumbles with the bottle, the water pours over his orange prison garb. Claus then snatches the bottle back and begins spraying the water into Dilawar’s face. As Dilawar gags on the spray, Claus shouts: “Come on, drink! Drink!” A third interrogator, Staff Sergeant Christopher Yonushonis, enters the room and, as he will recall, finds a large puddle of water, a soaking wet Dilawar, and Claus standing behind Dilawar, twisting up the back of the hood that covers the prisoner’s head. “I had the impression that Josh was actually holding the detainee upright by pulling on the hood,” Yonushonis will recall. “I was furious at this point because I had seen Josh tighten the hood of another detainee the week before. This behavior seemed completely gratuitous and unrelated to intelligence collection.” When Yonushonis demands an explanation, Claus responds, “We had to make sure he stayed hydrated.”
Dies While Chained to the Ceiling - An interrogator, presumably Yonushonis, promises Dilawar that he can see a doctor after the interrogation session concludes, but Claus tells the guards not to take him to a doctor. Instead, Claus tell the guards to chain him to the ceiling again. “Leave him up,” one of the guards will later quote Claus as saying. Dilawar dies while chained up; hours later, an emergency room doctor sees Dilawar’s body already dead and stiffening. Yonushonis reports the abusive interrogation to his superior officer, Staff Sergeant Steven Loring, but Dilawar is already dead.
Autopsy Report: Legs 'Pulpified' - An autopsy will find Dilawar’s death caused by “blunt force injuries to the lower extremities.” At a pre-trial hearing for one of the guards involved in Dilawar’s abuse, a coroner will say the tissue in the prisoner’s legs “had basically been pulpified.” Major Elizabeth Rouse, another coroner and the one who termed Dilawar’s cause of death to be “homicide,” will add, “I’ve seen similar injuries in an individual run over by a bus.” Walls and Claus will both be charged with assault and maltreatment of a prisoner. [New York Times, 5/20/2005]
Changes Implemented - After Dilawar’s death, the second in a matter of days (see November 30-December 3, 2002), some changes are implemented at Bagram. A medic is assigned to work the night shift. Interrogators are prohibited from physical contact with the detainees. Chaining prisoners to fixed objects is banned, and the use of stress positions is curtailed. Yonushonis will not be interviewed until August 2004, when he contacts an agent of the Army’s Criminal Investigation Command on his own initiative to discuss his knowledge of Dilawar’s death. “I expected to be contacted at some point by investigators in this case,” he will say. “I was living a few doors down from the interrogation room, and I had been one of the last to see this detainee alive.” Of the last interrogation, Yonushonis will tell investigators, “I remember being so mad that I had trouble speaking.” He also adds one extra detail: by the time Dilawar was interrogated the final time, “most of us were convinced that the detainee was innocent.” [New York Times, 3/4/2003; Washington Post, 3/5/2003; BBC, 3/6/2003; Guardian, 3/7/2003; Independent, 3/7/2003; New York Times, 9/17/2004; New York Times, 5/20/2005]

Entity Tags: Joshua Claus, Dilawar, Steven Loring, Glendale Walls, Criminal Investigation Command, Elizabeth A. Rouse, Ali Baryalai, Christopher Yonushonis

Timeline Tags: War in Afghanistan

Category Tags: Prisoner Deaths, Medical Services Denied, Physical Assault, Bagram (Afghanistan), Key Events, Other Detainees

US forces arrest and detain an Iraqi for possession of explosive devices. The man is held at FOB [Forward Operating Base] Rifles Base in Asad, Iraq, and eventually placed in an isolation cell for questioning by members of the US Special Forces’ Operational Detachment Alpha (ODA) who shackle him to a pipe that runs along the ceiling. When the Iraqi lunges toward a US soldier, grabbing his shirt, “the three ODA members [punch] and [kick] [him] in the stomach and ribs for approximately one to two minutes.” Three days later, the man escapes but is recaptured on January 9. The prisoner is then subjected to another round of questioning, but does not cooperate. When he refuses to be quiet, the soldiers tie his hands to the top of his cell door and then gag him. Five minutes later, a soldier notices that the Iraqi is “slumped down and hanging from his shackles,” dead. [Denver Post, 5/18/2004]

Category Tags: Prisoner Deaths, Physical Assault, Other Detainees

Jan Mohammed re-enacts the alleged murder of his brother, Wakil.Jan Mohammed re-enacts the alleged murder of his brother, Wakil. [Source: Crimes of War Project]Wakil Mohammed, an unarmed peasant, is shot to death by a US Special Forces soldier while being questioned about his possible role in a firefight. He was protesting that he and his brother—an eyewitness to the shooting—were merely returning home from afternoon prayers and had nothing to do with the fighting. (His brother will later tell the reporters that he and several others were detained and tortured, including having their heads held underwater in a form of waterboarding, and having their toenails torn out.) Mohammed’s death is not reported at all in the initial reports of the firefight. The death is later listed by the Army as a murder, but no charges have ever been filed in relation to the shooting. The team’s battalion commander will later claim that Mohammed’s death was never reported to him. One member of the Special Forces team involved in the murder will tell the Los Angeles Times that his unit held a meeting after the teen’s death in order to coordinate their stories should an investigation arise. “Everybody on the team had knowledge of it,” says the soldier. “You just don’t talk about that stuff in the Special Forces community. What happens downrange stays downrange… Nobody wants to get anybody in trouble. Just sit back, and hope it will go away.” The Times learns that the Special Forces unit in Gardez already is under heavy scrutiny by superior officers. One officer reported that the Gardez unit was “the most troubled” field team among nearly a dozen in Afghanistan. Another senior officer wrote that the team was gaining a reputation as “a rogue unit,” and a battalion commander characterizes the unit’s performance as “a Guard unit operating unprofessionally in a combat zone.” The Times will later report, “What distinguishes these two fatalities from scores of other questionable deaths in US custody (referring to the murder of both Mohammed and another detainee, Jamal Naseer—see March 16, 2003) is that they were successfully concealed—not just from the American public but from the military’s chain of command and legal authorities.” [Los Angeles Times, 9/25/2006]

Entity Tags: US Special Forces, US Department of the Army, Wakil Mohammed

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Prisoner Deaths, Waterboarding, Gardez (Afghanistan)

Jamal Naseer, an 18-year old newly recruited Afghan soldier, dies in US custody, apparently as a result of beating and torture. Naseer dies after several days in detention at a US Special Forces “firebase,” a small, outlying military base set up to support advancing troops, at Gardez, Afghanistan. [CBS News, 9/21/2004] Naseer and seven other detainees were taken into custody about a week before by Special Forces troops attempting to secure the area from the depredations of a local warlord, Pacha (or Bacha) Khan. Naseer’s brother Ahmad insists that he, his brother, and the other detainees are allies of the Americans, and never participated in Taliban- or al-Qaeda-led attacks against American forces. [Los Angeles Times, 9/25/2006] It is unclear why the men were detained in the first place, but Los Angeles Times reporters Craig Pyes and Mark Mazzetti report that according to an Afghan intelligence report. “the action was requested by a provincial governor feuding with local military commanders.” [Los Angeles Times, 9/21/2004] Naseer’s death will be officially recorded as resulting from “natural causes,” but fellow detainees will say that Naseer’s death was caused by abuse suffered at the hands of US Army Special Forces soldiers near Gardez. Ahmad Naseer will later describe how he and his brother were beaten and abused while in custody, subjected to electric shocks, immersed in cold water, forced to assume stress positions, thrashed with cables, suffered the forcible tearing off of their toenails, and made to lie for hours in the snow. The last time he spoke with his brother, he says Jamal was “moaning about the pain in his kidneys and back” from being repeatedly beaten. [Los Angeles Times, 9/25/2006] Jamal died shortly thereafter while being helped outside to relieve himself by two Afghan kitchen workers. [Los Angeles Times, 9/21/2004] After Naseer’s death, the unit holds a meeting to discuss the incident. The team is told that Naseer died of a sex-related infection that shut down his kidneys. According to one soldier in the meeting, the point of discussion is “to make sure everybody’s on the same sheet of paper—this is what happened to the man”—in case there’s ever an investigation. Captain Craig Mallak, medical examiner for the US armed forces, says that Naseer’s death is never reported to his office (any death of a detainee is required to be reported unless the detainee is determined to have died of natural causes). Naseer’s body is transferred to a civilian hospital where no autopsy is performed. One hospital worker who prepares the body for burial will later tell the Times that Naseer’s body was “completely black” from bruising and injuries, and was “completely swollen, as were his palms, and the soles of his feet were swollen double in size.” [Los Angeles Times, 9/25/2006] Asked about such injuries, Dr. Michael Baden, a prominent forensic pathologist who works for the New York State Police, says the descriptions are inconsistent with death by organ failure. “You can’t confuse those. It sounds very much like blunt trauma.” A local physician who examined the survivors later confirmed that all of the men were suffering from similar trauma, with extensive bruising and seeping, and unbandaged wounds. [Los Angeles Times, 9/25/2006] Eventually, Ahmad Naseer and his comrades are secretly transferred to a civilian prison in Kabul, still without any formal charges. Afghan military prosecutors immediately launch an investigation into their unexplained detention. That inquiry eventually produces a 117-page report asserting that the detainees had been tortured and that there is a “strong probability” that one of the men had been “murdered.” The report speculates that the prolonged imprisonment was intended to give the detainees’ wounds time to heal. Fifty-eight days later, all of the prisoners are released; no charges are ever filed. [Los Angeles Times, 9/25/2006]

Entity Tags: Taliban, US Special Forces, Michael Baden, Pacha Khan, Al-Qaeda, Jamal Naseer, Ahmad Naseer, Craig Mallak

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Prisoner Deaths, Physical Assault, Stress Positions, Electrodes, Sleep Deprivation, Extreme Temperatures, Gardez (Afghanistan)

An Iraqi prisoner of war is beaten while being interrogated by members of the Naval Special Warfare Team at the LSA Diamondback facility in Mosul, Iraq. He is later found dead in his sleep. The death report will conclude that the man died from “blunt-force trauma to the torso and positional asphyxia.” [Denver Post, 5/18/2004]

Category Tags: Prisoner Deaths, Physical Assault, Other US Bases and Centers

At Camp Bucca, a large detention camp at Umm Qasr near the Kuwaiti border (officially called the Bucca Theater Internment Facility), representatives from the International Committee of the Red Cross (ICRC) witness a shooting incident resulting in the death of one prisoner and the wounding of another. [International Committee of the Red Cross, 2/2004]

Entity Tags: International Committee of the Red Cross

Category Tags: Prisoner Deaths, Physical Assault, Camp Bucca (Iraq), Other Detainees

In a homemade video journal, an unidentified female US soldier at Camp Bucca prison in Iraq candidly speaks of how she and her colleagues have shot and killed prisoners. “If we shoot any more of the Iraqis, or attack any of them, they’re gonna supposedly come in and attack the camp…. But we’ll believe that when it actually happens, because we’ve already killed another Iraqi just last night when I was working. So I don’t know what’s going on…” She does not describe under what circumstances the shootings had taken place. In another part of the video she admits to antagonizing the captives. “I actually got in trouble the other day because I was throwing rocks at them.” [CBS News, 3/12/2004]

Category Tags: Prisoner Deaths, Camp Bucca (Iraq), Other Detainees

The Mail on Sunday reports that according to Maj. Gen. Geoffrey Miller, the US is considering plans to build an execution chamber at Camp Delta in Guantanamo Bay where suspected terrorists, convicted by a secret military tribunal for capital crimes, would be put to death. “Prisoners would be tried, convicted, and executed without leaving its boundaries, without a jury, and without right of appeal.” [Courier Mail, 5/26/2003] Britain says that it is unaware of the US plans. [Courier Mail, 5/26/2003]

Entity Tags: Geoffrey D. Miller

Category Tags: High-level Decisions and Actions, Prisoner Deaths

An Iraqi prisoner is bound to a chair and interrogated by soldiers at a “classified interrogation facility” in Baghdad. He later dies. The autopsy will report that the man was “subjected to both physical and psychological stress” and died from a “hard, fast blow” to the head. [Denver Post, 5/18/2004]

Category Tags: Prisoner Deaths, Physical Assault, Other Detainees

At the Camp Whitehorse detention center near Nassiriya, Iraq, US marines beat and choke Najem Sa’doun Hattab, a former Ba’ath Party official, and then drag him by the neck to his cell. Hattab dies from his injuries. [San Diego Union-Tribune, 2/3/2004; Amnesty International, 3/18/2004] His autopsy reveals bone and rib fractures, and multiple bruises over his body. [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of the Marines, Najem Sa’doun Hattab

Category Tags: Prisoner Deaths, Physical Assault, Other Detainees, Other US Bases and Centers

Prisoners being held at Abu Ghraib prison in Iraq hold demonstrations protesting their living conditions. In response to the protests, prison authorities promise to inform each of the prisoners about the status and expected length of their detention the following day. [Amnesty International, 6/30/2003; International Committee of the Red Cross, 2/24/2004 pdf file] Additionally, two people attempting to escape the facility are shot. One dies of his wounds after being taken to a hospital. [International Committee of the Red Cross, 2/24/2004 pdf file]

Category Tags: Prisoner Deaths, Abu Ghraib Prison (Iraq)

Many detainees in Abu Ghraib are being held in poorly guarded and provisioned tents during this time.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 pdf file]

Entity Tags: Ala’ Jassem Sa’ad

Category Tags: Prisoner Deaths, Abu Ghraib Prison (Iraq), Other Detainees

Abdul Wali turns himself in to a US base in Asadabad, Afghanistan [CBS News, 6/18/2004] at the request of the Afghan governor of Kunar province. Wali allegedly participated in rocket attacks against the base, which is located in northeast Afghanistan close to the border with Pakistan. During the next two days, according to an indictment, he is “brutally assault[ed]” by David A. Passaro, a private contractor, employed by the CIA, [Guardian, 6/23/2004] who uses “his hands and feet and a large flashlight.” On June 21, Wali dies in detention. The CIA refers the case to the Justice Department in November 2003. Passaro will be indicted with charges of assault in June 2004. [CBS News, 6/18/2004]

Entity Tags: David A. Passaro, Abdul Wali

Timeline Tags: War in Afghanistan

Category Tags: Prisoner Deaths, Private Contractors, Other Detainees, Other US Bases and Centers

A US military guard at the FOB [Forward Operating Base] Packhorse detention facility in Iraq fatally shoots a detainee who is throwing rocks. [Denver Post, 5/18/2004]

Category Tags: Prisoner Deaths, Other Detainees, Other US Bases and Centers

Nine men are arrested in a hotel in Basra, Iraq, by Coalition Forces. According to a later report by the International Committee of the Red Cross (ICRC), they are “made to kneel, face and hands against the ground, as if in a prayer position.” Soldiers stump on the necks of those daring to raise their heads. The soldiers take the prisoners’ money and send the nine Iraqis to Al-Hakimiya, a former office of the mukhabarat, the old Iraqi secret police, in Basra. There, soldiers beat them severely. One of the detainees, a 28-year-old, dies. Prior to his death, the other prisoners heard him screaming. The death certificate will say he died of “Cardio-respiratory arrest—asphyxia,” cause “unknown.” Someone who identifies the body, tells the ICRC the man had a broken nose, several broken ribs and skin lesions on the face. Two of the other captives are hospitalized with severe injuries. [International Committee of the Red Cross, 2/24/2004 pdf file]

Entity Tags: International Committee of the Red Cross, Iraq

Category Tags: Physical Assault, Prisoner Deaths, Other Detainees

At Camp Bucca in Iraq, a Coalition soldier shoots a prisoner who is throwing stones. A February 2004 International Committee of the Red Cross report (see February 24, 2004) will recount: “Following unrest in a section of the camp one person deprived of his liberty, allegedly throwing stones, was fired upon by a guard in a watchtower. He suffered a gunshot wound to the upper part of the chest, the bullet passed through the chest and exited form [sic] the back…. An ICRC delegate and interpreter witnessed most of the events. At no point did the persons deprived of their liberty, and the victim shot at, appear to pose a serious threat to the life or security of the guards who could have responded to the situation with less brutal measures. The shooting showed a clear disregard for human life and security of the persons deprived of their liberty.” [International Committee of the Red Cross, 2/24/2004 pdf file]

Entity Tags: International Committee of the Red Cross

Category Tags: Prisoner Deaths, Camp Bucca (Iraq), Other Detainees

Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body.Sabrina Harman giving the thumbs up over Manadel al-Jamadi’s dead body. [Source: Public domain]Detainee Manadel al-Jamadi, is brought to Abu Ghraib prison by US Navy SEAL Team 7. The Iraqi, captured during a joint Task Force 121/CIA mission, is suspected of having been involved in an attack against the International Committee of the Red Cross (ICRC). [US Department of Defense, 8/23/2004 pdf file] Members of the Navy SEAL team punch and choke Al-Jamadi and stick their fingers in his eyes. A SEAL lieutenant is involved in the abuse. [Associated Press, 1/11/2005] Al-Jamadi resists his arrest, and one SEAL Team member hits him on the head with the butt of a rifle. [US Department of Defense, 8/23/2004 pdf file] MP Spc. Dennis E. Stevanus is on duty when two CIA representatives bring the man to the Hard Site. [US Department of Defense, 8/23/2004 pdf file] Spc. Jason A. Kenner, an MP at Abu Ghraib, will later say the detainee was “in good health” when he was brought in. [Guardian, 5/20/2004] According to Kenner’s later account, the detainee’s head is covered with an empty sandbag. MPs are then ordered to take him to a shower room, and told not to remove the hood, according to Kenner. [Guardian, 5/20/2004] The detainee is then interrogated by CIA and military intelligence personnel. Less than an hour later, the detainee will be found dead (see (7:00 a.m.) November 4, 2003). [US Department of Defense, 8/23/2004 pdf file]

Entity Tags: Dennis E. Stevanus, Jason A. Kenner, Manadel al-Jamadi, International Committee of the Red Cross

Category Tags: Prisoner Deaths, Abu Ghraib Prison (Iraq), Key Events, Other Detainees

An Afghani civilian later identified as Abdul Wahid dies from what his autopsy report calls “multiple blunt force injuries to head, torso, and extremities.” Wahid is being held by US forces at a forward operating base in Helmand province. [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of Defense, Abdul Wahid

Timeline Tags: War in Afghanistan

Category Tags: Criticisms of US, Human Rights Groups, Independent Investigations, Prisoner Deaths, Physical Assault

Abed Hamed Mowhoush.Abed Hamed Mowhoush. [Source: New York Times]At the Al Qaim detention facility northwest of Baghdad, Iraqi Major General Abed Hamed Mowhoush is interrogated by two officers of the 66th Military Intelligence Company. They force him head-first into a sleeping bag and question him as they roll him back and forth. One of the soldiers, Chief Warrant Officer Lewis Welshofer, sits on the Iraqi general’s chest and covers his mouth. [Human Rights Watch, 6/2004] The prisoner dies of asphyxia due to smothering and chest compression. [Denver Post, 5/18/2004] Later in the day, US military officials issue a statement saying that a prisoner has died of natural causes during questioning. “Mowhoush said he didn’t feel well and subsequently lost consciousness,” the statement reads. “The soldier questioning him found no pulse, then conducted CPR and called for medical authorities. According to the on-site surgeon, it appeared Mowhouse died of natural causes.” [Denver Post, 5/18/2004; New York Times, 5/22/2004] But the autopsy report will say there is “evidence of blunt force trauma to the chest and legs.” [Human Rights Watch, 6/2004] The incident is investigated and a report is issued in early 2004 (see Late January 2004).

Entity Tags: Lewis Welshofer, Abed Hamed Mowhoush

Category Tags: Prisoner Deaths, Al Qaim (Iraq), Abed Hamed Mowhoush

The day after her arrest, Huda al-Azzawi is taken from her cell to another room, which other detainees call “the torturing place,” she says. “The US officer told us: ‘If you don’t confess we will torture you. So you have to confess.’ My hands were handcuffed. They took off my boots and stood me in the mud with my face against the wall. I could hear women and men shouting and weeping. I recognized one of the cries as my brother Mu’taz. I wanted to see what was going on so I tried to move the cloth from my eyes. When I did, I fainted.” She allegedly sees her brother being sexually assaulted. After that she is questioned. “The informant and an American officer were both in the room. The informant started talking. He said, ‘You are the lady who funds your brothers to attack the Americans.’ I speak some English so I replied: ‘He is a liar.’ The American officer then hit me on both cheeks. I fell to the ground.” [Guardian, 9/20/2004] For the next 12 hours, US guards make her stand with her face against the wall. Approaching midnight she and her sister are returned to a cell. “The cell had no ceiling. It was raining,” she later tells the Guardian. The Americans have another surprise in store for her. “At midnight they threw something at my sister’s feet.” [Guardian, 9/20/2004] Both women are blindfolded. “I heard a muffled noise and my sister’s screams,” Al-Azzawi says. “The naked body of a man had been thrown across her. She was panicking. She then realized that the body didn’t move. With my hands cuffed in front of me, I was able to lift a corner of my blindfold. The naked man was Ayad, my brother, and his face was covered in blood.” [Le Monde (Paris), 10/12/2004] Ayad, she remembers, “was bleeding from his legs, knees, and forehead. I told my sister: ‘Find out if he’s still breathing.’ She said: ‘No. Nothing.’ I started crying.” [Guardian, 9/20/2004] Nahla “spent the night with Ayad’s corpse on her knees.” [Le Monde (Paris), 10/12/2004] “The next day they took away his body.” [Guardian, 9/20/2004] A death certificate is later issued by the US military. It cites the cause of death as “cardiac arrest of unknown etiology [cause].” [Le Monde (Paris), 10/12/2004]

Entity Tags: Ayad al-Azzawi, Huda al-Azzawi, Nahla al-Azzawi, Mu’taz al-Azzawi

Category Tags: Huda al-Azzawi, Forced Confessions, Sexual Humiliation, Stress Positions, Prisoner Deaths, Key Events, Other US Bases and Centers

A male Iraqi dies while being interrogated by American officials, probably from the CIA. According to a report by the American Civil Liberties Union (see October 24, 2005), the male, detained in the city of Al Asad, is “standing, shackled to the top of a door frame with a gag in his mouth at the time he died.” The cause of death is asphyxia and blunt force injuries—in essence, being beaten to death while choking on a gag. The ACLU believes the Iraqi’s name was Abdul Jaleel. [American Civil Liberties Union, 10/24/2005]

Entity Tags: Central Intelligence Agency, Abdul Jaleel, American Civil Liberties Union

Category Tags: Criticisms of US, Human Rights Groups, Independent Investigations, Prisoner Deaths, Physical Assault

The Army issues a classified “Information Paper” entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” that details the status of 62 investigations into prisoner abuse at Abu Ghraib and other sites in Iraq and Afghanistan. Cases documented in the paper include allegations of assaults, physical assaults, mock executions, sexual assaults, threatening to kill an Iraqi child to “send a message to other Iraqis,” stripping detainees, beating them and shocking them with a blasting device, throwing rocks at handcuffed Iraqi children, choking detainees with knots of their scarves, and interrogations at gunpoint. The document will be released to the public by the American Civil Liberties Union (ACLU) in 2006 (see May 2, 2006). Of the 62 cases, 26 involve detainee deaths. Some have already gone through courts-martial proceedings. The cases involve allegations from Abu Ghraib, Camp Cropper, Camp Bucca, and other sites in Mosul, Samarra, Baghdad, and Tikrit, and the Orgun-E facility in Afghanistan. [American Civil Liberties Union, 5/2/2006]

Entity Tags: US Department of the Army

Category Tags: Abu Ghraib Scandal Aftermath, Criticisms of US, Prisoner Deaths, Reports/Investigations, Statements/Writings about Torture, Forced Confessions, Intimidation/Threats, Physical Assault, Sexual Humiliation, Abu Ghraib Prison (Iraq), Camp Bucca (Iraq), Camp Cropper (Iraq)

A 27-year-old Iraqi male dies during his interrogation by US Navy SEALs in Mosul. The American Civil Liberties Union (ACLU) will later find (see October 24, 2005) that during his confinement, “he was hooded, flex-cuffed, sleep deprived, and subjected to hot and cold environmental conditions, including the use of cold water on his body and hood.” The cause of death is officially “undetermined,” though the autopsy speculates that the prisoner may have died from hypothermia and/or related conditions. Notes from his interrogators say that he “struggled/ interrogated/ died sleeping.” [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of the Navy, American Civil Liberties Union

Category Tags: Criticisms of US, Human Rights Groups, Independent Investigations, Prisoner Deaths, Dangerous Conditions, Extreme Temperatures, Sleep Deprivation

An Iraqi detainee named Awayed Wanas Jabar dies in US custody in Husaybah. Jabar has his legs tied to the bars of a window and a strap of engineer tape tied tightly around his midsection. According to the preliminary investigation into his death, “His position resembled that of a person who had been crucified.” One Marine later reports that Jabar seemed “exhausted, with his entire bodyweight appearing to be supported by the strap around his midsection.” He remains in that position for at least 90 minutes before the tape is cut. He dies 15 minutes later. No autopsy is conducted, so it is impossible to determine if he died from asphyxia or other causes. The initial medical report will claim Jabar died after falling out of a window. [American Civil Liberties Union, 7/10/2006; University of Minnesota Human Rights Library, 3/26/2009]

Entity Tags: Awayed Wanas Jabar, US Department of the Marines

Category Tags: Prisoner Deaths

Paul T. Mikolashek.Paul T. Mikolashek. [Source: US Army]The US Army’s inspector general, Lt. Gen. Paul T. Mikolashek, presents a 300-page report listing 94 documented cases of prisoner abuse to the Senate Armed Services Committee. [Washington Post, 7/23/2004] Of the 94 cases cited in the report, 39 are deaths. Twenty of those are suspected homicides. [Los Angeles Times, 10/15/2004] In preparing the report, Mikolashek’s team visited more than two dozen US military installations in Iraq, Afghanistan, and the US. Unlike previous investigations, Mikolashek did not look at individual cases. Instead, his team reviewed records of reported cases and the findings of previous investigations. Team members also interviewed 650 soldiers and officers and looked at broad Army doctrine and training. [Washington Post, 7/23/2004] Mikolashek’s report concludes that abuses were not due to “systemic” problems. [Washington Post, 7/23/2004] For example, it found no evidence that there was a “pattern of abuse” in the central command’s area of responsibility. [New York Times, 6/6/2004] The report’s conclusions are made in spite of the fact that the investigative team identified numerous problems at the prison stemming from poorly trained US military personnel, inadequate supervision, and vague and contradictory policies and orders. According to Mikolashek, documented cases of abuse were “aberrations” that did not follow from Army doctrine but from the “the failure of individuals to follow known standards of discipline and Army values and, in some cases, the failure of a few leaders to enforce those standards of discipline.” They were, the report stressed, “unauthorized actions taken by a few individuals.” The conduct of most of the soldiers, however, exhibited “military professionalism, ingrained Army values, and moral courage,” the report insisted. [Washington Post, 7/23/2004] The report’s conclusions stand in stark contrast to the Red Cross’s report (see February 24, 2004), released in late February, which concluded that problems in the US detention system were widespread and systemic. Though the report will be heavily criticized for its conclusion that military and administration officials should not be blamed for the atrocities, it does contain an abundant amount of evidence that they created an environment that encouraged the abuses to happen. For example, Mikolashek’s team found:
bullet The military hired private contractors to interrogate detainees because the military had too few translators and interrogators in the field. More than a third of these private contractors were not sufficiently trained. [Washington Post, 7/23/2004]
bullet Almost two thirds of the prisoners were kept in makeshift prison camps, or collection points, for as many as 30 days—60 times the 12-hour limit set by Army doctrine. [Washington Post, 7/23/2004]
bullet Preventive medical services were insufficient. Not one of the US-run facilities visited by the team met the Army’s medical screening requirements. [Washington Post, 7/23/2004]
bullet Copies of the Geneva Conventions in the detainees’ native languages were present at only four of the 16 facilities visited by Mikolashek’s team, in contravention of international law. There was not a single US-run facility in Afghanistan that had a copy. [Washington Post, 7/23/2004]
bullet At Abu Ghraib, the conditions were extremely unsanitary. The prison was seriously overcrowded, lacked an adequate supply of potable water, and had garbage and sewage strewn on the grounds of the outdoor camps. There were only 12 showers available for 600 to 700 detainees. Meals provided to the detainees were often contaminated with dirt and rodent droppings. [Washington Post, 7/23/2004]
bullet The Bagram base in Afghanistan had a leaking roof and no sanitary system. “Human waste spills were frequent on the main floor,” the reports says. Sections of the base were contaminated with toxic chemicals leftover from previous airport operations. [Washington Post, 7/23/2004]
bullet The military’s interrogation policy was confusing and instructions were often conflicting. “While the language of the approved policies could be viewed as a careful attempt to draw the line between lawful and unlawful conduct, the published instructions left considerable room for misapplication.” This could “create settings in which unsanctioned behavior, including detainee abuse, could occur,” the report’s authors conclude. [Washington Post, 7/23/2004]

Entity Tags: International Committee of the Red Cross, Paul T. Mikolashek

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Prisoner Deaths, Reports/Investigations, Poor Conditions, Abu Ghraib Prison (Iraq), Key Events

Officials at the CIA refer a case in which a detainee named Gul Rahman apparently froze to death at the Salt Pit prison in Afghanistan (see November 20, 2002) to the Justice Department for examination. [Washington Post, 9/19/2009] The full name of the CIA officer who caused the detainee to die is not known, although his last name is Zirbel. [Mahoney and Johnson, 10/9/2009, pp. 29 pdf file] The case is reviewed with an eye to prosecution by the US Attorneys Office for the Eastern District of Virginia, where one of the office’s top prosecutors works on it. [Washington Post, 9/19/2009] This is apparently one of eight such referrals around this time. [New York Times, 10/23/2005] According to the New York Times, the Justice Department will be “reviewing its jurisdiction” in the case in May 2005. [New York Times, 5/22/2004] The department will decide not to prosecute in October 2005 (see Mid-October 2005), but will re-examine the case in 2009 (see August 24, 2009).

Entity Tags: Gul Rahman, Matthew Zirbel, Central Intelligence Agency, US Department of Justice

Category Tags: Legal Proceedings, Prisoner Deaths, Dangerous Conditions, Extreme Temperatures, Poor Conditions, Salt Pit (Afghanistan), Other Detainees

Six US soldiers are charged with manslaughter in the killing of Iraqi prisoners. Two soldiers, First Lieutenant Jack Saville and Sergeant First Class Tracy Perkins, are charged with forcing an Iraqi man, Zaidoun Fadel Hassoun, and Hassoun’s cousin to leap from a bridge into the Tigris River near Samarra. Hassoun drowned. Another prisoner death is also being investigated (see January 9, 2004), and may result in further charges against the six. [Colorado Springs Gazette, 10/5/2004]

Entity Tags: Jack Saville, Zaidoun Fadel Hassoun, Tracy Perkins

Category Tags: Legal Proceedings, Prisoner Deaths

Four US soldiers are charged with murdering an Iraqi major general in their custody. Almost a year ago, Major General Abed Hamed Mowhoush died during an interrogation at a base near Qaim, in western Iraq. Mowhoush was smothered to death (see November 26, 2003). The four soldiers are Chief Warrant Officers Jefferson L. Williams and Lewis E. Welshofer, Jr., Sergeant First Class William J. Sommer, and Specialist Jerry L. Loper. All are charged with murder and dereliction of duty. Williams, Welshofer, and Sommer were members of the 66th Military Company, a unit of the 3rd Armored Cavalry Regiment. Loper was a member of the regiment’s Support Squadron, and assigned to helicopter maintenance. Only Welshofer has training in interrogation practices. Mowhoush, allegedly a high-ranking member of the anti-American insurgency, surrendered to US forces two weeks before his death. The Pentagon initially reported his death as due to “natural causes,” but now admits Mowhoush was tortured to death. “General Mowhoush was allegedly placed in a sleeping bag and then bound to prevent his movement,” a Pentagon report says. “One of the warrant officers [Welshofer] reportedly sat on his chest and continued the interrogation. General Mowhoush was then rolled over, and the warrant officer sat on his back.” Mowhoush died in that position. A medical examination proved that he had died of asphyxiation. Other documents later show that Mowhoush had a bag pulled over his head, the bag was wrapped tightly with electrical cords, and he was beaten and kicked by a crowd of interrogators and officials (see January 19, 2006). Regiment commander Colonel David Teeples says of the charges, “There is no evidence, there is no proof.” Much of the evidence presented in the case is classified and may not ever be made public. “If there are witnesses or documents that would disclose classified information, the trial is closed for those portions,” says retired Air Force Colonel Skip Morgan, a former military judge. [Colorado Springs Gazette, 10/5/2004] The murder charge against Sommer will later be dropped. Williams and Loper will make plea agreements in return for their testimony against Welshofer. [Rocky Mountain News, 1/17/2006] Welshofer will be convicted, but will not serve jail time or even be discharged from the Army (see January 24, 2006).

Entity Tags: Jefferson L. Williams, David Teeples, Central Intelligence Agency, Jerry L. Loper, Abed Hamed Mowhoush, Skip Morgan, Lewis Welshofer, US Department of the Army, William J. Sommer, US Department of Defense

Category Tags: Disciplinary Actions, Legal Proceedings, Prisoner Deaths, Physical Assault, Al Qaim (Iraq)

The Army decides not to prosecute unnamed soldiers for killing an Iraqi detainee and attempting to cover up the death. The soldiers were stationed at Forward Operating Base Rifles near Al Asad, Iraq. In January 2004, several soldiers assaulted an Iraqi detainee. One lifted the detainee up from the floor by placing a baton under his chin, fracturing the detainee’s hyoid bone and causing his death. The soldiers were charged with negligent homicide, and with additional charges of conspiracy and making false statements. Apparently, the soldiers receive nothing more than written letters of reprimand and counseling. The officer completing the Commander’s Report on the offense writes, “Soldier should not be titled for any offense.” The detainee’s name is not revealed to the public. [US Department of Defense, 3/5/2005 pdf file; American Civil Liberties Union, 5/2/2006]

Entity Tags: US Department of the Army

Category Tags: Prisoner Deaths, Reports/Investigations, Physical Assault, Internal Memos/Reports

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

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

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Indications of Abuse, Media, Prisoner Deaths, Reports/Investigations, Abrogation of Rights, Dangerous Conditions, Intimidation/Threats, Physical Assault, Sexual Humiliation, Bagram (Afghanistan)

The American Civil Liberties Union (ACLU) releases a report that documents the death of 44 detainees in Iraq and Afghanistan while in US custody. Most died during interrogation. The report, based on government reports (including autopsy reports, death reports, and other documents turned over to the ACLU through a Freedom of Information Act request), finds that “detainees were hooded, gagged, strangled, beaten with blunt objects, subjected to sleep deprivation, and to hot and cold environmental conditions.” ACLU director Anthony Romero says: “There is no question that US interrogations have resulted in deaths. High-ranking officials who knew about the torture and sat on their hands and those who created and endorsed these policies must be held accountable. America must stop putting its head in the sand and deal with the torture scandal that has rocked our military.” The detainees died during or after interrogations by Navy SEALs, military intelligence officials, and “OGA” (Other Governmental Agency) personnel, a designation the ACLU says is usually used to refer to the CIA. Twenty-one of the 44 deaths were homicides, the ACLU says. Eight died from abusive techniques; autopsy reports show the causes of death were “strangulation,” “asphyxiation,” and “blunt force injuries.” Most of the “natural deaths” were attributed to what government doctors termed “Arteriosclerotic Cardiovascular Disease.” The ACLU notes that the report proves that detainees died not only at the hands of CIA personnel, but from abuse and maltreatment by Navy SEALs and military intelligence officials as well. The report cites, among other deaths, an Iraqi prisoner who died from hypothermia (see April 5, 2004), an Iraqi prisoner who was strangled and beaten to death (see January 9, 2004), an Iraqi general who died from smothering and “chest compressions” (see November 26, 2003), an Iraqi prisoner beaten and smothered to death (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003), two Afghani civilians beaten to death by US soldiers (see November 6, 2003 and December 10, 2002), and an older Iraqi man strangled to death while in US custody (see June 5, 2003). ACLU lawyer Amrit Singh says: “These documents present irrefutable evidence that US operatives tortured detainees to death during interrogations. The public has a right to know who authorized the use of torture techniques and why these deaths have been covered up.” [American Civil Liberties Union, 10/24/2005]

Entity Tags: US Department of Defense, American Civil Liberties Union, Amrit Singh, Anthony D. Romero, Central Intelligence Agency

Category Tags: Criticisms of US, Human Rights Groups, Independent Investigations, Prisoner Deaths, Physical Assault

A secret witness in the court-martial of a US soldier charged with murdering an Iraqi prisoner (see November 26, 2003 and October 5, 2004) says that the soldier, Chief Warrant Officer Lewis Welshofer, disregarded interrogation rules so casually that he wrote a memo warning his CIA superiors. The witness testifies in open court, but is shielded behind a curtain to protect his identity. (Defense lawyers accidentally exposed the witness’s ties to the CIA during previous questioning.) The testimony is conducted in public after much legal wrangling, with lawyers from the Colorado Springs Gazette and other media outlets insisting that the witness’s testimony be conducted in open court. The witness says Welshofer, accused of smothering the prisoner, did not seem to care. “He said he was pretty sure they were breaking those rules every day.” Earlier witnesses have testified that the techniques used by Welshofer—which included covering the prisoner’s head with a bag, wrapping electrical cord around the bag, sitting on the man’s chest, and covering his mouth—were forbidden by order of CENTCOM commander Lieutenant General Ricardo Sanchez. Another witness, Chief Warrant Officer Todd Sonnek, a Green Beret assigned to interrogations at the makeshift prison near the Syrian border, says that two days before Mowhoush’s death, he witnessed Welshofer bringing CIA and Iraqi paramilitary fighters in to witness his interrogation of the prisoner, which Welshofer called an implementation of the accepted method called “fear-up,” in which an interrogator attempts to terrify a prisoner into divulging information. Welshofer, along with the CIA officials and Iraqi fighters, questioned Mowhoush, and interrupted the questions with insults and slaps. Instead of cowering in fear, Mowhoush became enraged and broke free from his plastic handcuffs. Sonnek says he wrestled Mowhoush to the ground, and everyone in the room joined in beating and kicking Mowhoush. Sonnek testifies that Mowhoush was able to walk unaided back to his cell; other witnesses have said that it took five soldiers to carry him back to it. [Rocky Mountain News, 1/17/2006; Colorado Springs Gazette, 1/19/2006; Rocky Mountain News, 1/24/2006] Welshofer will be convicted, but will not serve jail time or even be discharged from the Army (see January 24, 2006).

Entity Tags: Lewis Welshofer, Ricardo S. Sanchez, Todd Sonnek, US Central Command, Abed Hamed Mowhoush, Central Intelligence Agency, Colorado Springs Gazette

Category Tags: Legal Proceedings, Prisoner Deaths, Abed Hamed Mowhoush

Chief Warrant Officer Lewis Welshofer, testifying in his own defense on charges of murdering an Iraqi prisoner (see November 26, 2003 and October 5, 2004), says that he was unsure of what interrogation techniques were acceptable and what were not. He also says that he was under orders to treat prisoners very harshly. He testifies: “Basically [an August 30, 2003 memo] said that as far as they [senior commanders] knew there were no ROE [Rules of Engagement] for interrogations. They were still struggling with the definition for a detainee. It also said that commanders were tired of us taking casualties and they [told interrogators they] wanted the gloves to come off.… Other than a memo saying that they were to be considered ‘unprivileged combatants’ we received no guidance from them [on the status of detainees].” [Human Rights First, 2/2006] Welshofer will be convicted, but will not serve jail time or even be discharged from the Army (see January 24, 2006).

Entity Tags: Lewis Welshofer

Category Tags: Legal Proceedings, Prisoner Deaths, Abed Hamed Mowhoush

CWO Lewis Welshofer.CWO Lewis Welshofer. [Source: Associated Press / Jerilee Bennett / Salon]Chief Warrant Officer Lewis Welshofer is found guilty of causing the death of an Iraqi prisoner, Major General Abed Hamed Mowhoush (see November 26, 2003). Welshofer, who was originally charged with murder (see October 5, 2004), is not found guilty of murder, but of far lesser charges of negligent homicide and negligent dereliction of duty. The court-martial board sentences Welshofer, who sat on Mowhoush’s chest and smothered him to death, to a reprimand, a fine of $6,000, and 60 days’ restriction. He is not sentenced to jail; neither is he discharged from the Army or even reduced in rank. Soldiers in the courtroom audience applaud the sentence. Welshofer’s attorney, Frank Spinner, says after the sentence, “The court understood our argument that this was a very difficult environment in which the 3rd Armored Cavalry Regiment was operating in November 2003.” Army prosecutor Captain Elana Matt had argued for at least two years’ imprisonment and a dishonorable discharge: “Chief Welshofer should have known better, with 19 years in the Army. You heard some bad things about General Mowhoush, but standards don’t apply just to good victims. They apply to everyone. The reputation of the Army has been dishonored at home and abroad.… You may be tempted to believe that this is the kind of guy the Army needs because he gets the job done. Don’t do it, because that would reduce us to the level of our enemies.” But the court was apparently swayed by Welshofer’s denials that he had done anything that could have led to Mowhoush’s death, and by the argument of Spinner and Welshofer’s military lawyer, Captain Ryan Rosauer, who said that Welshofer was confused by hazy interrogation rules (see January 19, 2006), and was merely doing his duty and trying to save lives. For his part, Welshofer begged the panel to allow him to stay out of jail and in the Army. He said that he had “tried to be a loyal soldier, putting the needs of this institution before my own.” [Rocky Mountain News, 1/24/2006; Colorado Springs Gazette, 1/24/2006] Brigadier General David Irvine, a retired intelligence officer who taught prisoner interrogation and military law for 18 years, and human rights activist David Danzig, will call Welshofer’s sentence a “slap on the wrist,” and write that the verdict “spared the defendant, indicted the prosecutor, and found the law irrelevant” (see January 27, 2006). [Salon, 1/27/2006]

Entity Tags: Elana Matt, Frank Spinner, Lewis Welshofer, Ryan Rosauer, Abed Hamed Mowhoush, David Danzig, David Irvine

Category Tags: Legal Proceedings, Prisoner Deaths, Abed Hamed Mowhoush

Brigadier General David Irvine, a retired intelligence officer who taught prisoner interrogation and military law for 18 years, and human rights activist David Danzig write an angry response to the recent court-martial of Army interrogator Lewis Welshofer. Welshofer was found guilty of negligent homicide in causing the death of an Iraqi prisoner (see November 26, 2003 and October 5, 2004), but was given what Irvine and Danzig consider an absurdly light sentence: a reprimand, a small fine, two months’ restriction, and no jail time (see January 24, 2006). Irvine and Danzig believe that the verdict points to a larger problem: “The Welshofer case puts a fine point on a question that has plagued us since Abu Ghraib: Is the Army institutionally capable of dealing with the debacle of torture? The Army and the nation cannot afford to have soldiers draw the obvious lesson from the case’s nonsensical outcome: that in combat, the ends justify the means, and the Geneva Conventions and the McCain anti-torture amendment are subject to change depending on the circumstances or executive whim. Since the Army seems to have no inclination to enforce the principles of command discipline and accountability among the senior ranks, the corrosive effects of US torture in Iraq and elsewhere will continue to haunt any efforts to regain lost stature and credibility in the world.” [Salon, 1/27/2006]

Entity Tags: US Department of the Army, David Danzig, Lewis Welshofer, David Irvine

Category Tags: Legal Proceedings, Prisoner Deaths, Abed Hamed Mowhoush

Army documents released by the American Civil Liberties Union (ACLU) reveal that Lieutenant General Ricardo Sanchez, the former commander of US forces in Iraq, ordered military interrogators to “go to the outer limits” to get information from detainees (see May 19, 2004). The documents also show that senior government officials were aware of abuse in Iraq and Afghanistan before the Abu Ghraib scandal broke. ACLU executive director Anthony Romero says: “When our leaders allow and even encourage abuse at the ‘outer limits,’ America suffers. A nation that works to bring freedom and liberty to other parts of the world shouldn’t stomach brutality and inhumanity within its ranks. This abuse of power was engineered and accepted at the highest levels of our government.” The ACLU also releases an April 2004 information paper entitled “Allegations of Detainee Abuse in Iraq and Afghanistan” that outlined the status of 62 investigations of detainee abuse at Abu Ghraib (see April 2, 2004). According to the ACLU, the documents show that, far from being the work of “a few bad apples” as alleged by President Bush and other White House officials (see Mid-May 2004, August 2004, September 10, 2004, and October 1, 2004), the torture and abuse of prisoners at Abu Ghraib was systematic and authorized by high-level officials, including Sanchez. “These documents are further proof that the abuse of detainees was widespread and systemic, and not aberrational,” says ACLU attorney Amrit Singh. “We know that senior officials endorsed this abuse, but these officials have yet to be held accountable.” Other documents show that US soldiers escaped prosecution after killing a detainee in their custody (see March 3, 2005), several reports of detainee abuse are considered “true/valid” (see May 25, 2004), and a military doctor cleared a detainee for further interrogations even after documenting injuries inflicted by beatings and electric shocks (see June 1, 2004). [American Civil Liberties Union, 5/2/2006]

Entity Tags: Amrit Singh, American Civil Liberties Union, US Department of the Army, Ricardo S. Sanchez, George W. Bush, Anthony D. Romero

Category Tags: Abu Ghraib Scandal Aftermath, Criticisms of US, High-level Decisions and Actions, Human Rights Groups, Prisoner Deaths, Electrodes, Physical Assault, Abu Ghraib Prison (Iraq)

The American Civil Liberties Union (ACLU) releases Defense Department documents that include reports of suicide attempts by Guantanamo detainees. ACLU executive director Anthony Romero says: “These documents are the latest evidence of the desperate and immoral conditions that exist at Guantanamo Bay. The injustices at Guantanamo need to be remedied before other lives are lost. We must uphold our American values and end indefinite detentions and widespread abuse.” One report documents an attempted suicide by hanging that ended up with the detainee in a persistent “vegetative state” (see April 29, 2003). The ACLU notes that the Defense Department documents support other reports of attempted suicide at Guantanamo (see Summer 2002 and After, Mid-October 2002, October 9, 2003, and December 2003). Pentagon officials called the suicides an “act of asymmetrical warfare” and “a good PR move to draw attention.” The ACLU’s Amrit Singh says: “It is astounding that the government continues to paint the suicides as acts of warfare instead of taking responsibility for having driven individuals in its custody to such acts of desperation. The government may wish to hide Guantanamo Bay behind a shroud of secrecy, but its own documents reveal the hopelessness and despair faced by the detainees who are being held without charge and with no end in sight.” [American Civil Liberties Union, 6/19/2006]

Entity Tags: US Department of Defense, American Civil Liberties Union, Amrit Singh

Category Tags: Criticisms of US, Detainments, Human Rights Groups, Prisoner Deaths, Mental Abuse, Guantanamo (US Base in Cuba)

Two unnamed US Special Forces soldiers accused of complicity in the March 2003 deaths of Afghan soldier Jamal Naseer and Afghan peasant Wakil Mohammed are given administrative reprimands by the US Army. Naseer was reportedly tortured to death by Special Forces soldiers (see March 16, 2003) and the unarmed Mohammed was shot after a firefight near the Special Forces base of Gardez (see March 1, 2003). But a statement released by the Special Forces Command indicates that the reprimands only fault the soldiers for assault relating to the “slapping of detainees.” It states that the soldier who shot Wakil Muhammed was acting in self-defense. As for Naseer, “all other allegations, to include voluntary manslaughter and aggravated assault of detainee Jamal Naseer, were found to be unsubstantiated.” A reprimand is not a formal punishment, rather it has the effect of reducing the recipient’s prospects for a promotion and can end a military career. A military investigation began in 2004 after media reports about their deaths (see September 21, 2004). [Crimes of War Project, 1/31/2007]

Entity Tags: US Department of the Army, Wakil Mohammed, Jamal Naseer

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Prisoner Deaths, Reports/Investigations

Nieman Reports, a quarterly magazine about journalism, publishes an article by investigative journalist Craig Pyes describing how the US Army attempted to undermine a Los Angeles Times investigation looking into the March 2003 deaths of two Afghan detainees (see March 16, 2003). It is believed that members of a Special Forces detachment in Afghanistan murdered the two men, identified as Jamal Naseer and Wakil Mohammed, and then covered up the circumstances surrounding their deaths. An official investigation into the two deaths by the Army’s Criminal Investigation Command (CID) found insufficient probable cause to bring charges for either of the two deaths. As a result of the CID investigation, two soldiers were given noncriminal administrative letters of reprimand (see January 26, 2007) for “slapping” prisoners at the Gardez facility and for failing to report the death of Naseer. In his article, Pyes recounts the resistance he and his colleague Kevin Sack encountered from the military as they sought information about the two deaths. The military refused to disclose basic information about the circumstances surrounding the two deaths, including the two men’s identities, the circumstances of their detention, the charges against them, court papers, and investigative findings. The journalists also learned that soldiers had been told by their superiors that it was important that everyone be “on the same page in case there was an investigation.” During their investigation, they also discovered that “military examiners had made some significant errors, including their initial failure to identify the victims. They also grossly misidentified dates of crucial events and persistently failed to interview key people and locate supporting documents.” [Nieman Watchdog, 3/2/2007]

Entity Tags: Wakil Mohammed, United Nations Assistance Mission in Afghanistan, US Special Forces, Jamal Naseer, Los Angeles Times, Criminal Investigation Command

Timeline Tags: War in Afghanistan

Category Tags: Coverup, Disciplinary Actions, Independent Investigations, Media, Prisoner Deaths, Reports/Investigations, Extreme Temperatures, Intimidation/Threats, Physical Assault, Stress Positions, Gardez (Afghanistan)

Administration of Torture book cover.Administration of Torture book cover. [Source: Public domain]American Civil Liberties Union (ACLU) lawyers Jameel Jaffer and Amrit Singh publish the book Administration of Torture: A Documentary Record from Washington to Abu Ghraib and Beyond. In their book, Jaffer and Singh use over 100,000 pages of government documents obtained through the Freedom of Information Act to detail the sometimes-horrific conditions under which suspected terrorists are detained by the US government. The book spans detention facilities in Afghanistan, Iraq, and Guantanamo Bay. The book’s central thesis is, according to the ACLU’s press release for the book, “that the torture and abuse of prisoners was systemic and resulted from decisions made by senior US officials, both military and civilian,” including President Bush himself. [American Civil Liberties Union, 10/22/2007] “[T]he documents show unambiguously that the administration has adopted some of the methods of the most tyrannical regimes,” write Jaffer and Singh. Some of the prisoners “abused, tortured, and killed” were not even terror suspects, the authors show. [Raw Story, 10/22/2007] The book grew out of a long, difficult battle by the ACLU and several other such organizations to secure records pertaining to detainees held by the US in other countries (see October 7, 2003). The book shows a starkly different reality than the picture painted by the Bush administration’s repeated disavowals of torture, a reality established by the government’s own documentation. The administration has repeatedly claimed, for instance, that the torture and abuse so well documented at Baghdad’s Abu Ghraib prison was an isolated, unusual set of incidents that was not repeated at other US detention facilities. The documentation compiled by Jaffer and Singh prove that claim to be a lie: “This claim was completely false, and senior officials almost certainly knew it to be so.” Beatings, kickings, and all manner of abuses have routinely occurred at other detention facilities in Afghanistan and Iraq, the book states. Autopsy reports show that numerous prisoners in US custody have died due to strangulation, suffocation, or blunt-force trauma. Documents from Guantanamo, a facility where Bush officials have repeatedly claimed that the “excesses” of Abu Ghraib were never implemented, show that Guantanamo detainees were regularly “shackled in excruciating ‘stress positions,’ held in freezing-cold cells, forcibly stripped, hooded, terrorized with military dogs, and deprived of human contact for months.” And, perhaps most damningly for the administration, government documents show that top White House and Pentagon officials were not only well aware of the scope of the abuse months before the first pictures from Abu Ghraib were broadcast to the public, but that torture and abuse are part of the administration’s policy towards detainees. “[T]he maltreatment of prisoners resulted in large part from decisions made by senior officials, both military and civilian,” Jaffer and Singh write. “These decisions… were reaffirmed repeatedly, even in the face of complaints from law enforcement and military personnel that the policies were illegal and ineffective, and even after countless prisoners… were abused, tortured, or killed in custody.… The documents show that senior officials endorsed the abuse of prisoners as a matter of policy—sometimes by tolerating it, sometimes by encouraging it, and sometimes by expressly authorizing it.”
bullet The book presents a number of damning claims, all backed by extensive documentation, including the following: [American Civil Liberties Union, 10/22/2007]
bullet General Michael Dunlavey, who oversaw prisoner interrogations at Guantanamo and considered former camp commander Brigadier General Rick Baccus too soft on the detainees [BBC, 10/16/2002] , and who asked the Pentagon to approve more aggressive interrogation methods for the camp, claimed that he received his “marching orders” from Bush.
bullet Then-Defense Secretary Donald Rumsfeld was “personally involved” in overseeing the interrogation of a Guantanamo prisoner named Mohammed al-Khatani, the alleged would-be 20th 9/11 hijacker (see July 2002). Al-Khatani was “stripped naked, paraded in front of female interrogators, made to wear women’s underwear on his head, led around on a leash, and forced to perform dog tricks.” It is not clear just what being “personally involved” entails. Rumsfeld did not himself authorize such methods, but according to the investigator who documented the al-Khatani abuse session, Rumsfeld “failed to place a ‘throttle’ over abusive ‘applications’ of the ‘broad techniques’ that he did authorize….”
bullet Interrogators who used abusive ‘SERE’ (Survival, Evasion, Resistance, Escape) methods at Guantanamo did so because the Pentagon had endorsed those methods and required interrogators to be trained in the use of those methods (see December 2001).
bullet FBI personnel complained of abuses at Guantanamo; these instances of abuse were authorized by the chain of command within the Defense Department.
bullet Some of the most disturbing interrogation methodologies displayed in photos from Abu Ghraib were used at Guantanamo, with the endorsement of Rumsfeld, and that Major General Geoffrey Miller’s aggressive plan to “Gitmoize” Abu Ghraib was endorsed by senior Defense officials.
bullet Bush and his senior officials have always insisted that abuse and torture was limited to a few unauthorized soldiers at Abu Ghraib. Yet a Defense Department “Information Paper” shows that, three weeks before the Abu Ghraib photos appeared in the press, the US Army knew of at least 62 allegations of prisoner abuse in Afghanistan and Iraq, most of which had no relation to Abu Ghraib.
bullet The Defense Department held prisoners as young as 12 years old.
bullet The Defense Department approved holding prisoners in cells as small as 3 feet wide, 4 feet long, and 18 inches high. Special Forces units held prisoners in cells only slightly larger than that. [American Civil Liberties Union, 10/22/2007]

Entity Tags: US Department of Defense, Rick Baccus, Mohamed al-Khatani, Michael E. Dunlavey, Geoffrey D. Miller, George W. Bush, American Civil Liberties Union, Jameel Jaffer, Amrit Singh, Donald Rumsfeld, Bush administration (43), Federal Bureau of Investigation

Timeline Tags: Civil Liberties

Category Tags: Coverup, Detainments, High-level Decisions and Actions, Human Rights Groups, Indications of Abuse, Legal Proceedings, Prisoner Deaths, Rendition after 9/11, Reports/Investigations, Statements/Writings about Torture, Abrogation of Rights, Physical Assault, Sleep Deprivation, Stress Positions, Internal Memos/Reports, Abu Ghraib Prison (Iraq), Guantanamo (US Base in Cuba), SERE Techniques

Attorney General Eric Holder announces he has appointed a federal prosecutor from Connecticut, John Durham, as a special prosecutor to investigate whether CIA interrogators broke any federal laws. [US Department of Justice, 8/24/2009; Washington Post, 8/25/2009]
Decision Stems from CIA IG Report - The investigation is preliminary in nature, and will decide whether a full investigation is warranted. Holder bases his decision in part on a just-released 2004 report on torture by the CIA’s inspector general (see August 24, 2009) and a Justice Department recommendation that there should be an investigation of about a dozen cases of possible abuse and torture from Iraq and Afghanistan (see First Half of August 2009). According to the conclusion of the CIA report: “The enhanced interrogation techniques used by the agency under the CTC [Counterterrorist Center] program are inconsistent with the public policy positions that the United States has taken regarding human rights. Unauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used.” [New York Times, 8/24/2009; MSNBC, 8/25/2009] The review is also prompted by a report by the Justice Department’s Office of Professional Responsibility (OPR) into memoranda drafted by the department’s Office of Legal Counsel related to “enhanced interrogation techniques.” The OPR report recommends the department re-examine previous decisions not to prosecute in some cases related to the interrogation of certain detainees. The aim of the preliminary review is to find whether federal offenses were committed in some detainee interrogations. [US Department of Justice, 8/24/2009] According to the Washington Post, the review will focus on “a very small number of cases,” including one in which a CIA officer named Zirbel caused Afghan prisoner Gul Rahman to freeze to death at the Salt Pit prison in Afghanistan (see November 20, 2002) and the intimidation of al-Qaeda leader Abd al-Rahim al-Nashiri by a CIA officer named “Albert” using a handgun and drill (see Between December 28, 2002 and January 1, 2003). These cases and the others were previously referred by the CIA inspector general to the Justice Department for examination, but the department decided not to prosecute (see (August 2004) and Mid-October 2005). [Washington Post, 9/19/2009; Associated Press, 9/7/2010]
Durham a Veteran Prosecutor - Durham has been investigating the CIA’s destruction of videotapes of interrogations that may have documented instances of torture (see January 2, 2008). Although Durham has a low public profile, he is a veteran of numerous high-level prosecutions, including cases against Boston-area organized crime figures, corrupt FBI agents, and former Governor John Rowland (R-CT). Durham is considered apolitical, and has worked closely with the Justice Department under both Democratic and Republican administrations. Connecticut defense lawyer Hugh Keefe calls him “the go-to guy for Justice whenever they get a hot case.” Former Connecticut prosecutor Mark Califano calls Durham’s approach to investigations “clinical,” and says he has “very rarely” concluded a case without bringing criminal charges. “He likes to make cases when there is evidence there,” Califano says. “You’ve got to balance whether that kind of information exists.… You can’t move forward if you don’t have the evidence.” [US Department of Justice, 8/24/2009; MSNBC, 8/25/2009; Washington Post, 8/25/2009] Boston prosecutors and defense attorneys have characterized Durham as “honest” and “tenacious.” Warren Bamford, who heads Boston’s FBI office, said Durham “kind of has blinders on in the sense that he doesn’t worry about the politics and all the other stuff that might be swirling around, and I think that’s really what makes him so successful.” [Boston Globe, 1/7/2008] In a statement, Holder says, “Mr. Durham, who is a career prosecutor with the Department of Justice and who has assembled a strong investigative team of experienced professionals, will recommend to me whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees.” [Think Progress, 8/24/2009]
Senator: Durham a 'First-Rate' Choice - Senator Sheldon Whitehouse (D-RI) is enthusiastic about the choice of Durham. He says he has worked with Durham before, while Whitehouse was US Attorney for Rhode Island, and calls the prosecutor “very professional” and “a first-rate choice,” adding that Durham has “a very good grounding in this because he has been doing the investigation into the destruction of the torture tapes.” [MSNBC, 8/25/2009]
No Acknowledged 'Break' with White House - Holder notes that he will be criticized for undermining the CIA, and may be going against abjurations by President Obama to “move forward” instead of focusing on past transgressions, but says the facts left him little choice. “As attorney general, my duty is to examine the facts and to follow the law,” he says in a statement. “Given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take.… I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations.” White House officials say Holder’s decision does not mark a break between the White House and the Justice Department on their policies toward interrogations. Deputy press secretary Bill Burton tells reporters that “ultimately, the decisions on who is investigated and who is prosecuted are up to the attorney general.… The president thinks that Eric Holder, who he appointed as a very independent attorney general, should make those decisions.” [New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] Justice Department spokespersons refuse to say who will, and who will not, be investigated. [TPM Muckraker, 8/25/2009]

Entity Tags: Mark Califano, John Durham, Warren Bamford, Office of Professional Responsibility, Office of Legal Counsel (DOJ), Hugh Keefe, Obama administration, Eric Holder, Barack Obama, Bush administration (43), Matthew Zirbel, Central Intelligence Agency, “Albert”, Bill Burton, US Department of Justice, Sheldon Whitehouse

Category Tags: High-level Decisions and Actions, Legal Proceedings, Prisoner Deaths, Reports/Investigations, Abrogation of Rights, Dangerous Conditions, Salt Pit (Afghanistan), Other Detainees

The response by media and public officials to the announcement of a preliminary investigation by the Justice Department into whether crimes were committed in the course of a small number of detention and interrogation cases by the CIA (see August 24, 2009) is mixed. The investigation is headed by special prosecutor John Durham. Reporter Michael Isikoff says that it will be “difficult to bring cases against agency operatives when you have the [former] attorney general of the United States [John Ashcroft] saying repetitive use of waterboarding is okay with him. He has no problem with it. The Justice Department has no problem with it—which is why some people say if we’re not going to have criminal investigations at the very top, the leadership that authorized these programs, at least have full disclosure so the American public can know the full story of what happened.” Senator Ron Wyden (D-OR) criticizes the potential focus on interrogators and says the inquiry should focus on former Bush administration officials and Justice Department lawyers; he says the investigation could echo the Abu Ghraib investigation, where “lower ranking troops who committed abuses were hung out to dry.” Representative Peter Hoekstra (R-MI), the ranking Republican on the House Intelligence Committee, says the Justice Department inquiry risks disrupting current counterterrorism operations, and claims that abuse charges have already been “exhaustively reviewed.” [New York Times, 8/24/2009; MSNBC, 8/25/2009]
Lack of Accountability? - Joanne Mariner, the terrorism and counterterrorism program director at Human Rights Watch, says: “It’s heartening that the attorney general has opened a preliminary investigation of these crimes, but it’s crucial that its scope include senior officials who authorized torture. Lower-level CIA operatives—even if using so-called ‘unauthorized’ techniques—may still have relied on the letter or the spirit of high-level authorizations.” Human Rights Watch warns that if the investigation focuses solely on so-called “rogue” interrogators who acted without official authorization, but fails to investigate senior officials with responsibility for the interrogation program, it will lack credibility. The organization writes, “Such an approach would validate the Bush-era Justice Department memoranda that authorized torture.” It calls the US’s record on accountability for detainee abuse “abysmal.” [Human Rights Watch, 8/24/2009]
Focusing on 'Low-Level Operatives'? - The American Civil Liberties Union’s Jameel Jaffer later says that Durham’s investigation seems to be far too narrow in scope, focusing solely on CIA interrogators and ignoring Bush administration officials who authorized torture and other abusive actions. [TPM Muckraker, 8/31/2009] This position is echoed by the Center for Constitutional Rights, which states: “Responsibility for the torture program cannot be laid at the feet of a few low-level operatives. Some agents in the field may have gone further than the limits so ghoulishly laid out by the lawyers who twisted the law to create legal cover for the program, but it is the lawyers and the officials who oversaw and approved the program who must be investigated.” The center demands the appointment of “an independent special prosecutor with a full mandate to investigate those responsible for torture and war crimes, especially the high ranking officials who designed, justified, and orchestrated the torture program.” Another organization, Physicians for Human Rights, says that it “urges the administration to pursue any investigation up the chain of command to those officials who authorized and supervised the use of illegal techniques.” [TPM Muckraker, 8/24/2009] Several Democrats, including Senators Russ Feingold (D-WI) and Judiciary Committee chair Patrick Leahy (D-VT), and two members of the House Judiciary Committee, Jerrold Nadler (D-NY) and John Conyers (D-MI), issue statements urging the investigation to go beyond looking into the actions of CIA interrogators, and investigate the officials who authorized those actions. [TPM Muckraker, 8/24/2009]

Entity Tags: Eric Holder, Ron Wyden, Russell D. Feingold, US Department of Justice, Central Intelligence Agency, Bush administration (43), Peter Hoekstra, Center for Constitutional Rights, Patrick J. Leahy, Michael Isikoff, Jameel Jaffer, Jerrold Nadler, Joanne Mariner, John Conyers, John Ashcroft, Obama administration, John Durham

Category Tags: High-level Decisions and Actions, Legal Proceedings, Prisoner Deaths, Reports/Investigations

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Key Events (98)

General Topic Areas

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

Renditions

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

Types of Abuses Performed by US

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

Documents

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

Specific Events or Operations

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

US Bases and Interrogation Centers

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

High Ranking Detainees

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

Other Detainees

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