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

Indefinite Detention

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

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After the September 11 attacks, there is a dramatic increase in the frequency of US-requested “renditions.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] Officially, the original purpose of renditions was to bring suspected foreign criminals, such as drug kingpins, to justice (see 1993). But after September 11, it is used predominantly to arrest and detain foreign nationals designated as suspected terrorists and bring them to foreign countries that are willing to hold them indefinitely for further questioning and without public proceedings. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01; Washington Post, 1/2/2005, pp. A01] According to one CIA officer interviewed by the Washington Post, after September 11, “The whole idea [becomes] a corruption of renditions—It’s not rendering to justice, it’s kidnapping.” [Washington Post, 1/2/2005, pp. A01] “There was a debate after 9/11 about how to make people disappear,” a former intelligence official will tell the New York Times in May 2004. [New York Times, 5/13/2004] By the end of 2002, the number of terrorism suspects sent to foreign countries is in the thousands. Many of the renditions involve captives from the US operation in Afghanistan. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003; Washington Post, 5/11/2004, pp. A01] The countries receiving the rendered suspects are often known human rights violators like Egypt, Syria, Jordan, Saudi Arabia, and Morocco, all of which have histories of using torture and other methods of interrogation that are not legal in the US. The rendition program often ignores local and international extradition laws. [Washington Post, 3/11/2002, pp. A01] In fact, US officials have admitted that the justification for rendition is sometimes fabricated—the US requests that a suspect be rendered, and then the allied foreign government charges the person “with a crime of some sort.” [Washington Post, 12/26/2002; Los Angeles Times, 2/1/2003] After a suspect is relocated to another country, US intelligence agents may “remain closely involved” in the interrogations, sometimes even “doing [them] together” with the foreign government’s intelligence service. [Washington Post, 3/11/2002, pp. A01; New York Times, 3/9/2003; Washington Post, 5/11/2004, pp. A01] The level of cooperation with Saudi interrogators is allegedly high. “In some cases,” according to one official, “we’re able to observe through one-way mirrors the live investigations. In others, we usually get summaries. We will feed questions to their investigators.” He adds, however, “They’re still very much in control.” [Washington Post, 12/26/2002] Joint intelligence task forces, which consist of members from the CIA, FBI, and some other US law enforcement agencies, allegedly control to a large extent the approximately 800 terrorism suspects detained in Saudi Arabia. [Washington Post, 5/11/2004, pp. A01]
Countries involved in the practice of rendition -
Egypt - Amnesty International’s 2003 annual report says that in Egypt, “Torture and ill-treatment of detainees continued to be systematic” during 2002. [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002; Amnesty International, 2003]
Jordan - The State Department’s 2001 annual human rights report states, “The most frequently alleged methods of torture include sleep deprivation, beatings on the soles of the feet, prolonged suspension with ropes in contorted positions, and extended solitary confinement.” US officials are quoted in the Washington Post in 2002 calling Jordan’s interrogators “highly professional.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Morocco - Morocco “has a documented history of torture, as well as longstanding ties to the CIA.” [Washington Post, 3/11/2002, pp. A01; Washington Post, 12/26/2002]
Syria - Amnesty International’s 2003 annual report notes: “Hundreds of political prisoners remained in prolonged detention without trial or following sentences imposed after unfair trials. Some were ill but were still held in harsh conditions. Ten prisoners of conscience were sentenced to up to 10 years’ imprisonment after unfair trials before the Supreme State Security Court (SSSC) or the Criminal Court. There were fewer reports of torture and ill-treatment, but cases from previous years were not investigated. At least two people died in custody.” [Washington Post, 12/26/2002; Amnesty International, 2003]

Entity Tags: Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: Indefinite Detention, Rendition after 9/11, Key Events, Extraordinary Rendition

The United States government creates a multi-layered international system of detention centers and prison camps where suspected terrorists, enemy combatants, and prisoners of war are detained and interrogated. [Washington Post, 5/11/2004, pp. A01] The Washington Post reports in May 2004: “The largely hidden array includes three systems that only rarely overlap: the Pentagon-run network of prisons, jails, and holding facilities in Iraq, Afghanistan, Guantanamo, and elsewhere; small and secret CIA-run facilities where top al-Qaeda and other figures are kept; and interrogation rooms of foreign intelligence services—some with documented records of torture—to which the US government delivers or ‘renders’ mid- or low-level terrorism suspects for questioning…. The detainees have no conventional legal rights: no access to a lawyer; no chance for an impartial hearing; and… no apparent guarantee of humane treatment accorded prisoners of war under the Geneva Conventions or civilians in US jails.” [Washington Post, 5/11/2004, pp. A01] One administration official tells the New York Times that some high-level detainees may be held indefinitely. [New York Times, 5/13/2004] Secrecy permeates the system. For example, renditions are done covertly and the locations of the secret CIA-run interrogation centers are considered “so sensitive that even the four leaders of the House and Senate intelligence committees, who are briefed on all covert operations, do not know them.” [Washington Post, 5/11/2004, pp. A01] In May 2004, it is estimated that there are 10,000 prisoners being held in US facilities around the world. They come from a number of countries including Jordan, Lebanon, Libya, Malaysia, Oman, Saudi Arabia, Somalia, Sudan, Syria, Sweden, Tunisia, Turkey, Ukraine, Britain, the Palestinian territories, and Yemen. [Independent, 5/15/2004]

Entity Tags: Central Intelligence Agency

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Indefinite Detention, Rendition after 9/11, Key Events

The Justice Department announces that it has put 1,182 people into secret custody since 9/11. Most all of them are from the Middle East or South Asia. [New York Times, 8/3/2002] After this it stops releasing new numbers, but human rights groups believe the total number could be as high as 2,000. [Independent, 2/26/2002] Apparently this is roughly the peak for secret arrests, and eventually most of the prisoners are released, and none are charged with any terrorist acts (see July 3, 2002; December 11, 2002). Their names will still not have been revealed (see August 2, 2002).

Entity Tags: US Department of Justice

Timeline Tags: Complete 911 Timeline, 9/11 Timeline, Civil Liberties

Category Tags: Indefinite Detention, Detainments, Abrogation of Rights, Ghost Detainees

In a speech to the US Chamber of Commerce, Vice President Cheney tells his audience that terror suspects do not deserve to be treated as prisoners of war. Cheney is laying the groundwork for the general acceptance of President Bush’s order that terror suspects are to be denied access to the US judicial system (see November 13, 2001). Asked about Bush’s proposed military tribunals for dealing with charges against suspected terrorists, Cheney says that according to Bush’s order, he and he alone will decide whether a suspect is tried in a military tribunal. Cheney continues: “Now some people say, ‘Well, gee, that’s a dramatic departure from traditional jurisprudence in the United States.’ It is, but there’s precedents for it.… The basic proposition here is that somebody who comes into the United States of America illegally, who conducts a terrorist operation killing thousands of innocent Americans, men, women, and children, is not a lawful combatant. They don’t deserve to be treated as a prisoner of war. They don’t deserve the same guarantees and safeguards that would be used for an American citizen going through the normal judicial process. This—they will have a fair trial, but it’ll be under the procedures of a military tribunal and rules and regulations to be established in connection with that. We think it’s the appropriate way to go. We think it’s—guarantees that we’ll have the kind of treatment of these individuals that we believe they deserve.” [White House, 11/14/2001] Many in the administration are disturbed at Cheney’s remarks, as Bush has not yet publicly made this decision (see November 13, 2001). [Washington Post, 6/24/2007]

Entity Tags: George W. Bush, Richard (“Dick”) Cheney, Bush administration (43)

Category Tags: Detainments, High-level Decisions and Actions, Impunity, Indefinite Detention, Legal Proceedings, Abrogation of Rights

According to US military officials, the USS Bataan and USS Peleliu are used as prison ships to hold captives suspected of terrorist activities, including “American Taliban” John Walker Lindh (see December 14, 2001). Both vessels are operating in the Indian Ocean. The use of US naval vessels as prison ships is kept extremely secret; the press will not learn of the incidents for years, and even then, details will be sketchy. Questioned in 2004 about the use of US military ships as “floating prisons” (see June 2, 2008), Rear Admiral John Stufflebeem will say: “I don’t know the specifics. Central command determines for either medical considerations, for the protection of those individuals, for the isolation in the sense of not having forces that would try to come get somebody out of a detention center, for a security aspect, and obviously an interest to continue interrogation.” The US may also use ships in and around the British-controlled island of Diego Garcia, in the Indian Ocean, to hold prisoners indefinitely and “off the books.” And the US may use its ships for what is called “extraordinary rendition”—the secret transportation of prisoners to foreign countries where they can be interrogated and tortured in ways proscribed by US law. US and British officials will repeatedly deny the use of Diego Garcia in any such “floating incarcerations” or renditions. [Guardian, 6/2/2008] One reason for the use of naval vessels as prison ships may be necessity: the US is capturing scores of prisoners in Afghanistan, but the first detainee facilities at Guantanamo Bay, Cuba will not open until January 2002 (see January 11, 2002).

Entity Tags: John Walker Lindh, John Stufflebeem

Category Tags: Indefinite Detention, Rendition after 9/11, Ghost Detainees, Diego Garcia

Saber Lahmar.Saber Lahmar. [Source: US Defense Department]The US renditions six suspects to Guantanamo, even though their cases are under appeal in Bosnia. On October 8, 2001, Bosnian police arrested Bensayah Belkacem, an Algerian given Bosnian citizenship and living in Bosnia. US intelligence intercepted numerous phone calls between Abu Zubaida and other al-Qaeda leaders and Belkacem (see October 8, 2001). On October 16, a conversation was overheard in which US and British targets in Bosnia are mentioned, and a Bosnian associate of Belkacem’s named Saber Lahmar said to another associate, “Tomorrow we will start.” US and British embassies were shut down that night, and Lahmar and four associates - Al-Hajj Boudella, Lakhdar Boumediene, Mustafa Ait Idir, and Mohamed Nechle - were quickly arrested. Lahmar worked for the Saudi High Commission. In 1997 he was arrested and convicted of plotting to bomb the US embassy in Sarajevo, but then pardoned and released by the Bosnian government (see 1996 and After). Boudella was an elite al-Qaeda training camp trainer in Afghanistan and Bosnia, then worked at the Benevolence International Foundation, which the US declared a terrorism financier after 9/11 (see 1993). Belkacem’s other associates worked for other charities such as the Red Crescent society and Taibah International. [Time, 11/12/2001] On January 18, 2002, the Bosnian government determines they don’t have enough evidence to charge the six men since the US will not share details of its communications intercepts. A high court rules that the men are not allowed to be deported until their appeals are heard. [BBC, 1/22/2002] But the men are nonetheless released directly into the custody of US soldiers, who immediately fly them to the Guantanamo Bay prison. The handover is denounced as illegal by human rights groups. It is believed the US put intense pressure on Bosnia to hand them over. [BBC, 1/22/2002; New York Times, 1/23/2002] The Bosnian government, still not privy to the intercepts, will later clear them of all charges, but the US will continue to hold them in Guantanamo without revealing any of the evidence said to justify their detention. [Washington Post, 8/21/2006]

Entity Tags: Saudi High Commission, Mohamed Nechle, Mustafa Ait Idir, Al-Hajj Boudella, Bensayah Belkacem, Lakhdar Boumediene, Saber Lahmar, Taibah International

Category Tags: Indefinite Detention, Rendition after 9/11, Guantanamo (US Base in Cuba)

Ali Saleh Kahlah al-Marri.Ali Saleh Kahlah al-Marri. [Source: Slate]A month before he is slated to go on trial for bank and credit card fraud charges (see February 8, 2002), the federal government drops all criminal charges against Ali Saleh Kahlah al-Marri, who has been held without legal representation, and in solitary confinement, since 2001 (see December 12, 2001). [CBS News, 6/23/2003; CBS News, 6/23/2003; CNN, 12/13/2005; Progressive, 3/2007]
'Grave Danger' - President Bush says al-Marri “represents a continuing, present, and grave danger” to the country, and the government designates al-Marri as an “enemy combatant,” alleging that he helped al-Qaeda operatives settle in the US. “Mr. Al-Marri possesses intelligence, including intelligence about personnel and activities of al-Qaeda,” Bush continues, and adds that gaining access to it “would aid US efforts to prevent attacks by al-Qaeda.” [Knight Ridder, 6/24/2003; Progressive, 3/2007] The presidential order says he “engaged in conduct that constituted hostile and war-like acts, including conduct in preparation for acts of international terrorism.” His detention is necessary, the order claims, to prevent him from participating in terrorist activities against the US. The order in effect precludes a pretrial hearing scheduled for July 2 and the start of a formal trial on July 22. [CNN, 6/24/2003]
Alleged Sleeper Agent - The government declaration for al-Marri says he worked as an “al-Qaeda sleeper agent” who was planning to “hack into the computer systems of US banks,” and possibly facilitate a follow up to the 9/11 attacks. For its part, the Defense Department says al-Marri trained at a terror camp in Afghanistan before 9/11, personally met Osama bin Laden, and volunteered for an unspecified “martyr mission.” [CNN, 12/13/2005] Attorney General John Ashcroft will later claim that al-Marri refused repeated offers to cooperate with the FBI; “consequently,” Ashcroft will write, Bush declares him an enemy combatant. Ashcroft will claim that under the laws of war, an enemy combatant can be killed out of hand. Instead, the government will hold al-Marri “without charge or trial until the end of the war.” [Slate, 11/30/2006]
Transferred to Navy Brig - Instead, the “enemy combatant” designation takes al-Marri, a Qatari citizen and legal US resident, out of the civilian criminal justice system and places him under the control of the Defense Department, which immediately transfers him into detention at a Navy brig in South Carolina. He could face a military tribunal or remain in detention indefinitely, without trial. He is only the third person to be publicly named as an enemy combatant, along with US citizens Jose Padilla and Yaser Esam Hamdi.
Fingered by KSM - According to a Justice Department official, al-Marri was “positively identified” as being part of a planned second wave of al-Qaeda terrorist attacks by an “al-Qaeda detainee in a position to know.” Justice officials imply that the detainee to finger al-Marri is senior 9/11 planner Khalid Shaikh Mohammed. [CBS News, 6/23/2003] Another suspected al-Qaeda operative, Mustafa Ahmed al-Hawsawi (see Early-Late June, 2001), is also said to have mentioned him. [CNN, 12/13/2005] Alice Fisher, the deputy assistant attorney general for the Justice Department’s criminal division, says the department did not drop the criminal charges against al-Marri because the case was weak: “We are confident we would have prevailed on the criminal charges. However, setting the criminal charges aside is in the best interests of our national security.” The criminal charges—lying to banks, lying to the FBI, and credit card fraud—could have given al-Marri up to 60 years in prison and $1.75 million in fines. [CBS News, 6/23/2003]
Pleaded Not Guilty - Al-Marri’s lawyer Mark Berman says that his client pleaded not guilty to the criminal charges (see May 29, 2003), and the case was proceeding to trial. “I definitely got the sense they were reluctant to try the case in court,” Berman says. “They’d rather be in a forum where defendants aren’t represented by counsel.” Al-Marri’s wife and five children have left the US. The Saudi Arabian government granted the family passports in February, in spite of a State Department request not to issue the passports, as department officials wanted al-Marri’s wife, who is Saudi, to be available to the FBI for questioning. [Knight Ridder, 6/23/2003] Al-Marri’s lawyers say they are preparing a legal challenge to Bush’s decision. [Knight Ridder, 6/24/2003]

Entity Tags: US Department of Defense, US Department of State, Osama bin Laden, US Department of Justice, Mustafa Ahmed al-Hawsawi, John Ashcroft, Khalid Shaikh Mohammed, Al-Qaeda, Ali Saleh Kahlah al-Marri, Mark Berman, Alice Fisher, George W. Bush, Jose Padilla, Federal Bureau of Investigation, Yaser Esam Hamdi

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: High-level Decisions and Actions, Indefinite Detention, Legal Proceedings, Military Commissions / Tribunals, Abrogation of Rights, Ali Saleh Kahlah al-Marri

December 2003: Teen Detainee Attempts Suicide

Guantanamo detainee Mohammed Jawad, who has been in custody since he was 16 years old (see December 17, 2002 and January 13, 2009), attempts to commit suicide. Shortly thereafter, Guantanamo guards begin subjecting Jawad to what is known as the “frequent flier” program, in which the detainee is moved from cell to cell every few hours for days or weeks on end, in order to deny him sleep. Jawad is moved 122 times in 14 days, an average of less than 3 hours per move (see June 19, 2008). [Salon, 1/21/2009]

Entity Tags: Mohammed Jawad

Category Tags: Detainments, Indefinite Detention, Sleep Deprivation, Guantanamo (US Base in Cuba), Mohammed Jawad

The US learns that Ibn al-Shaykh al-Libi, a former al-Qaeda camp commander, was allegedly tortured in Egypt, where he was rendered by the CIA (see January 2002 and After). Although CIA Director George Tenet will describe al-Libi’s handling by the Egyptians as “further debriefing,” after being returned to US custody, al-Libi tells CIA officers he was tortured and these claims are documented in a series of cables sent to CIA headquarters on February 4 and 5. These cables are the final proof, many believe, that the US is illegally “outsourcing” torture to other countries, against suspects who have not been convicted or even charged with a crime. After being tortured by his Egyptian captors (see November 11, 2001), al-Libi was returned to US custody on November 22, 2003. The February 5 cable reads, in part, that al-Libi was told by the Egyptians that “the next topic was al-Qaeda’s connections with Iraq…. This was a subject about which he said he knew nothing and had difficulty even coming up with a story.” The Egyptians didn’t like al-Libi’s response, and locked him in a 20 inch by 20 inch box for 17 hours—effectively burying him alive. The Egyptians released him and gave him one more change to “tell the truth.” When al-Libi did not give the proper response, he was knocked to the ground and beaten. The CIA debriefers send this information straight to Washington (see February 14, 2004), thus informing the CIA that not only was this key piece of evidence about the link between Iraq and al-Qaeda false, but it was obtained by extreme, US-sanctioned torture. Although stories and witness accounts about torture in such US-allied countries as Egypt, Syria, Morocco, and Uzbekistan have long been known, this is the first time such torture has been detailed in an official US government document. It will be almost a year before the Bush administration will confirm the CIA’s rendition program (see March 11, 2002), and even then it will begin a litany of reassurances that the US does not torture, nor does it hand over prisoners to countries that torture. The CIA cables will be declassified in September 2006, and roundly ignored by the mainstream media. And as of late 2007, al-Libi will still be a “ghost prisoner” whose whereabouts and circumstances are considered a US state secret. [ABC News, 11/6/2007]

Entity Tags: Colin Powell, Ibn al-Shaykh al-Libi, Central Intelligence Agency, Al-Qaeda, George J. Tenet

Category Tags: Coverup, Detainments, High-level Decisions and Actions, Indefinite Detention, Rendition after 9/11, Abrogation of Rights, Dangerous Conditions, Ghost Detainees, Physical Assault, Stress Positions, Internal Memos/Reports, Bagram (Afghanistan), Ibn al-Shaykh al-Libi

March 8, 2004: Court Denies Al-Marri Appeal

A federal court denies the appeal of suspected al-Qaeda operative Ali Saleh Kahlah al-Marri , who is challenging his classification as an enemy combatant (see June 23, 2003) and wants his case heard in Illinois, where he attended college. The court rules that al-Marri’s case belongs in South Carolina, where he is being held in strict isolation in the Charleston naval brig. Mark Berman, an attorney for al-Marri, says the ruling will be appealed to the Supreme Court. (The Court will decline to review the decision (see October 4, 2004).) Al-Marri’s lawyers say that wherever the case is heard, they will seek a writ of habeas corpus to require the government to justify its detention of their client. Government lawyers say they have evidence that al-Marri was in the US helping al-Qaeda plan terrorist attacks, but have refused to provide that evidence. [Associated Press, 3/10/2004]

Entity Tags: US Supreme Court, Alice Fisher, Al-Qaeda, Mark Berman, Ali Saleh Kahlah al-Marri

Category Tags: Detainments, Indefinite Detention, Legal Proceedings, Military Commissions / Tribunals, Abrogation of Rights, Ali Saleh Kahlah al-Marri

Retired General Barry McCaffrey, professor of international security studies at West Point, says that the US is “probably holding around 3,000 people [at] Bagram airfield [in Afghanistan, the US military base at] Diego Garcia, Guantanamo, 16 camps throughout Iraq,” and elsewhere. McCaffrey will repeat his claim in December 2004. [Guardian, 6/2/2008]

Entity Tags: Barry McCaffrey

Category Tags: Indefinite Detention, Rendition after 9/11, Ghost Detainees, Bagram (Afghanistan), Diego Garcia, Guantanamo (US Base in Cuba)

A Pentagon report determines that conditions at the detention facilities at Guantanamo Bay, Cuba, and Charleston, South Carolina used to house “enemy combatants” are problematic at best. The facilities house three designated enemy combatants: Jose Padilla (see May 8, 2002), Yaser Esam Hamdi (see December 2001), and Ali Saleh Kahlah al-Marri (see December 12, 2001). The report, entitled “Brief to the Secretary of Defense on Treatment of Enemy Combatants Detained at Naval Station Guantanamo Bay, Cuba, and Naval Consolidated Brig Charleston,” is written by the Navy’s Vice Admiral A.T. Church III and by Marine Brigadier General D.D. Thiessen. The focus of the report is to “[e]nsure Department of Defense orders concerning proper treatment of enemy combatants.” The report documents extensive problems at both locations. It cites the following as some of the problems:
bullet “One detainee has Koran removed from cell as part of JFCOM [Joint Forces Command] interrogation plan. Muslim chaplain not available.”
bullet “One detainee in Charleston has mattress removed as part of JFCOM-approved interrogation plan.”
bullet “One detainee in each location currently not authorized ICRC [Red Cross] visits due to interrogation plans in progress.”
bullet “One detainee in Charleston has Koran, mattress, and pillow removed and is fed cold MREs as part of interrogation plan.” This citation has a footnote that reads, “After completion of current interrogation,” removal of the Koran as an incentive to answer questions “will no longer be used at Charleston.”
bullet “Limited number and unique status of detainees in Charleston precludes interaction with other detainees. Argument could be made that this constitutes isolation.”
bullet At the Charleston brig, “Christian chaplain used to provide socialization, but could be perceived as forced proselytization.”
Nonetheless, the report concludes, “No evidence of noncompliance with DoD orders at either facility.” The authors assume that “treatment provided for in presidential and SECDEF orders constitutes ‘humane treatment.’” [Progressive, 3/2007] When Church presents his report to journalists (see May 12, 2004), he says he only found eight “minor infractions.”

Entity Tags: US Department of Defense, Jose Padilla, D.D. Thiessen, Ali Saleh Kahlah al-Marri, Albert T. Church III, Yaser Esam Hamdi

Category Tags: High-level Decisions and Actions, Indefinite Detention, Abrogation of Rights, Guantanamo (US Base in Cuba), Ali Saleh Kahlah al-Marri, Jose Padilla, Yaser Esam Hamdi

Deputy Attorney General James B. Comey Jr. releases a newly declassified Pentagon report that states that al-Qaeda “master planner” Khalid Shaikh Mohammed was “very skeptical” about Jose Padilla’s dirty bomb plan when they met in Pakistan in March 2002, and suggested instead that Padilla bomb apartment buildings through conventional means. Padilla tells US interrogators later that he “proposed the dirty-bomb plot only as a way to get out of Pakistan and avoid combat in Afghanistan, yet save face with Abu Zubaida” (see May 8, 2002). He says he also had “no intention of carrying out the apartment-building operation.” Nevertheless, the release of the Pentagon report is apparently intended to draw attention to Padilla’s high-level al-Qaeda connection in an attempt to influence deliberations by the Supreme Court on the Padilla case. [Newsweek, 6/9/2004] Comey and other government officials admit that Padilla’s alleged confession can never be used as evidence in court, because Padilla made the statements without ever being informed of his legal rights. The government had consistently refused to discuss how Padilla was interrogated, claiming that to make that knowledge public would assist al-Qaeda in preparing countermeasures for other operatives who might be captured in the future. Defense lawyers and civil rights experts believe that the government may have used illegal methods in interrogating Padilla. The criminal charges eventually filed against Padilla will make no mention of the allegations of planning to detonate a radioactive “dirty bomb” or of any plans to blow up apartment buildings. [Newsweek, 2/28/2007] The release of the Pentagon report by the Justice Department is heavily criticized at the time as being an inappropriate interference of the executive with the judiciary branch. [New York Review of Books, 7/15/2004]

Entity Tags: Al-Qaeda, James B. Comey Jr., Abu Zubaida, Jose Padilla, Khalid Shaikh Mohammed

Category Tags: Detainments, High-level Decisions and Actions, Indefinite Detention, Abrogation of Rights, Internal Memos/Reports, Jose Padilla

Jacob Hornberger.Jacob Hornberger. [Source: Institute for Historical Review]Jacob Hornberger, the president of the Future of Freedom Foundation, writes that the Pentagon has learned “when the judiciary issues an order, the Pentagon is required to obey it,” which is “why the government is now permitting Ali Saleh al-Marri to meet with his attorney as part of his habeas corpus proceeding in federal district court in South Carolina.” Al-Marri is one of three “enemy combatants” (see June 23, 2003) designated by President Bush. Until recently, the Pentagon had refused to allow al-Marri to contact his lawyers, who have been challenging his detention and enemy combatant status in the US courts, but a recent Supreme Court decision scotched that procedure (see June 28, 2004). Hornberger compares al-Marri’s treatment to that of ousted Iraqi dictator Saddam Hussein, whom Iraqi and US officials have restricted from consulting with his own lawyers in Iraq. Al-Marri, before being removed from the US judicial system, “would have been entitled to all the rights and guarantees recognized in the Constitution and Bill of Rights, including being informed of the charges against him, compulsory process of witnesses, cross-examination of adverse witnesses, assistance of counsel, and a jury trial,” Hornberger writes. “If the jury had acquitted him, as juries recently did with defendants in federal terrorism cases brought in Detroit and Boise, he would have walked away from the federal courtroom a free man. By removing al-Marri from the jurisdiction of the federal court on the eve of his trial and placing him into military custody as an ‘enemy combatant,’ the Justice Department and the Pentagon, working together, effectively hijacked our criminal justice system and sabotaged our constitutional order.” [Atlanta Inquirer, 8/21/2004; Future of Freedom Foundation, 2007]

Entity Tags: George W. Bush, Ali Saleh Kahlah al-Marri, US Department of Defense, Saddam Hussein, Jacob Hornberger

Category Tags: High-level Decisions and Actions, Indefinite Detention, Legal Proceedings, Abrogation of Rights, Ali Saleh Kahlah al-Marri

The Supreme Court declines without comment to hear an appeal by “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and June 23, 2003). Al-Marri has filed a civil suit, Al-Marri v. Rumsfeld, challenging his detention and his status as an enemy combatant. Previously, courts ruled that al-Marri’s lawyers should have filed the suit in South Carolina, where al-Marri is being held in a Charleston naval brig, not in Illinois, where al-Marri was attending college. The Supreme Court refused to overturn that decision. Al-Marri’s lawyers intend to refile the suit in South Carolina (see August 8, 2005). [Al-Marri v. Rumsfeld, 6/2004; Associated Press, 10/4/2004; Slate, 4/20/2006]

Entity Tags: US Supreme Court, Ali Saleh Kahlah al-Marri

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Supreme Court Decisions, Ali Saleh Kahlah al-Marri

Mohammed Jawad, an Afghan teenager at Guantanamo for nearly two years (see December 17, 2002), is designated an “enemy combatant” at a Combatant Status Review Tribunal. [Human Rights First, 9/2008] Jawad has attempted suicide while in US custody, and has been subjected to abuse (see December 2003 and June 19, 2008).

Entity Tags: Mohammed Jawad

Category Tags: Detainments, Indefinite Detention, Guantanamo (US Base in Cuba), Mohammed Jawad

The Washington Post reports that according to intelligence, defense, and diplomatic officials, the administration is considering “long-range plans for indefinitely imprisoning suspected terrorists whom they do not want to set free or turn over to courts in the United States or other countries.” The newspaper explains that those who would be considered for lifetime imprisonment include “hundreds of people now in military and CIA custody whom the government does not have enough evidence to charge in courts,” as well as people who are “captured in the course of future counterterrorism operations.” These prisoners would be sentenced to lifetime prison terms without ever being tried or charged with a crime. One of the plans being considered would involve transferring detainees to US-built prisons located in detainees’ home countries. Another option would be to build a large $25 million, 200-person, modern prison in Guantanamo. [Washington Post, 1/2/2005]

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Indefinite Detention

A local newspaper claims this is the CIA prison in Mauritania.A local newspaper claims this is the CIA prison in Mauritania. [Source: Le Rénovateur Quotidien]Most top al-Qaeda leaders being held by the US has been in a secret CIA prison in Poland. But after the nonprofit watchdog group Human Rights Watch discloses the existence of the prisons, the prisoners are moved to a new CIA prison located in the North African nation of Mauritania. The New Yorker will report that “After a new government friendly to the US took power, in a bloodless coup d’état in August, 2005… it was much easier for the intelligence community to mask secret flights there.” [New Yorker, 6/17/2007] A Mauritanian newspaper places the prison at Ichemmimène, a town deep in the Sahara desert. [Le Rénovateur Quotidien, 6/29/2007] ABC News lists eleven prisoners making the move:
bullet Abu Zubaida (held in Thailand then Poland).
bullet Abd al-Rahim al-Nashiri (held in Poland).
bullet Ramzi bin al-Shibh (held in Poland).
bullet Khalid Shaikh Mohammed (held in Poland).
bullet Khallad bin Attash (held in Poland).
bullet Ahmed Khalfan Ghailani (held in Poland).
bullet Hassan Ghul (held in Poland).
bullet Abdul Rahim al-Sharqawi (held in Poland).
bullet Mohammed Omar Abdul-Rahman (held in Poland).
bullet Ibn al-Shaykh al-Libi (held in Pakistan then Poland).
Further, Hambali is a high level prisoner in US custody but he is being held elsewhere. [ABC News, 12/5/2005; ABC News, 12/5/2005] In 2007 Council of Europe, the European human rights monitoring agency, will reveal that the main CIA prison for high-level prisoners was in a Soviet-era military compound at Stare Kjekuty, in northeastern Poland. Lower-level prisoners from Afghanistan and Iraq were held in a military base near the Black Sea in Romania. The governments of Poland and Romania will continue to deny the existence of the prisons even after the US government admits to their existence. [New York Times, 6/8/2007] Eleven of the twelve prisoners mentioned above were subjected to the so-called “enhanced interrogation techniques” called torture by many. In 2006, Bush will announce that the CIA prisons are being emptied and high level prisoners will be transferred to the prison at Guantanamo Bay, Cuba (see September 2-3, 2006).
Some 'Ghost' Prisoners - But the list of prisoners being transferred will include some other names and will not include al-Shaykh al-Libi, Ghul, al-Sharqawi, or Abdul-Rahman. It will later come out that al-Sharqawi was probably sent to Guantanamo in late 2004 after being held in a Jordanian prison (see February 7, 2002). Ghul is a ‘ghost’ prisoner until he is turned over to the Pakistani government in 2006 (see (Mid-2006)). Al-Libi is similarly turned over to Libya (see Between November 2005 and September 2006). The fate of Abdul-Rahman remains unknown. [ABC News, 12/5/2005]

Entity Tags: Khallad bin Attash, Ramzi bin al-Shibh, Khalid Shaikh Mohammed, Central Intelligence Agency, Hambali, Abd al-Rahim al-Nashiri, Ibn al-Shaykh al-Libi, Abdul Rahim al-Sharqawi, Ahmed Khalfan Ghailani, Abu Zubaida, Mohammed Omar Abdul-Rahman

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Indefinite Detention, Rendition after 9/11, Stare Kiejkuty (Poland), Abd al-Rahim al-Nashiri, Abu Zubaida, Ahmed Khalfan Ghailani, Hambali, Ibn al-Shaykh al-Libi, Ramzi bin al-Shibh

The Defense Department admits to having detained over 80,000 people in facilities from Afghanistan to Guantanamo since the 9/11 attacks. At least 14,500 people are currently in US custody in connection with the war on terror; around 13,814 are being held in Iraq and some 500 detainees are at the Guantanamo detention facility. An unknown number are being held in Afghanistan and elsewhere. The Bush administration has defended its incarceration of so many detainees, many without charge or legal representation, from criticism by human rights organizations, civil liberties groups, and political opponents. What many find indefensible is the CIA’s practice of “rendering” terror suspects to foreign countries for interrogation and torture, as well as making some prisoners “disappear” into secret prisons in foreign countries. Currently, the Bush administration is attempting to counter reports that the CIA has used private jets to transport suspects to at least six countries, either in Europe or through European countries’ airspace. “If these allegations turn out to be true, the crucial thing is whether these flights landed in the member states with or without the knowledge and approval of the authorities,” says Terry Davis, the Council of Europe’s secretary general. The CIA has refused to comment on this or other reports. [Guardian, 11/18/2005]

Entity Tags: Central Intelligence Agency, Bush administration (43), US Department of Defense

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Criticisms of US, Detainments, Human Rights Groups, Indefinite Detention, Rendition after 9/11, Ghost Detainees, Diego Garcia, Guantanamo (US Base in Cuba), USS Peleliu

Mohammed Jawad, an Afghan teenager in US custody at Guantanamo for nearly three years (see December 17, 2002 and October 19, 2004), is found by a US Administrative Review Board (ARB) to pose a continuing danger to the national security of the United States, and is denied release. The decision is based on US claims that Jawad belongs to a group with ties to al-Qaeda, and on a signed “confession” obtained from Jawad. The boy claims that Afghan police tortured and beat him until he signed the confession. The ARB decision will be reaffirmed in late 2006. [Human Rights First, 9/2008] Jawad “signed” his confession with a fingerprint, as he cannot write his name. The confession was written in a language he cannot speak or read, and, as Salon’s Glenn Greenwald will later note, “was given to him after several days of beatings, druggings, and threats—all while he was likely 15 or 16 years old.” [Salon, 1/21/2009]

Entity Tags: Glenn Greenwald, Mohammed Jawad, Al-Qaeda

Category Tags: Detainments, Indefinite Detention, Forced Confessions, Guantanamo (US Base in Cuba), Mohammed Jawad

Justice Department prosecutors defend their designation of Ali Saleh Kahlah al-Marri, a Qatari citizen alleged to have been part of the 9/11 planning (see December 12, 2001), as an “enemy combatant.” The government’s “enemy combatant” allegations against al-Marri are contained within documents signed by Jeffrey Rapp, the director of the Pentagon’s Joint Intelligence Task for Combating Terrorism (known as the Rapp Declarations) (see April 5, 2006). The unclassified portion of the allegations states almost verbatim the same charges against al-Marri that were dropped in 2003—setting up fake bank accounts, stealing credit cards, and keeping pro-terrorist literature and photos on his computer (see June 23, 2003). The government says it has more evidence tying al-Marri to the 9/11 plot, but that evidence remains classified, so neither al-Marri nor his lawyers can see it. While al-Marri’s lawyers protest that the evidence is “triple hearsay” and inadmissible in court, the judge rules otherwise. Slate’s Emily Bazelon will report, “The declassified allegations aren’t revelatory.” The material attempts to link al-Marri to the 9/11 plotters through Khalid Shaikh Mohammed, the lead plotter for the attacks. It still is not clear in the newly released evidence who the sources of the information are, but it seems that much of the evidence against al-Marri comes from interrogation sessions held with Mohammed himself. Bazelon observes, “[I]t’s also a safe bet that evidence against al-Marri was obtained through torture.” Such evidence is legally inadmissable as well. Mohammed and other witnesses subjected to illegal interrogation methods can “certainly not be used as witnesses, because that could expose classified information and could open up charges from defense lawyers that their earlier statements were a result of torture,” says a government official. [Slate, 4/20/2006]

Entity Tags: Khalid Shaikh Mohammed, US Department of Justice, Ali Saleh Kahlah al-Marri, Emily Bazelon, Jeffrey Rapp

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

Court documents filed by the Justice Department allege that accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, a Qatari national, was chosen to come to the US by 9/11 mastermind Khalid Shaikh Mohammed because, in part, al-Marri has a wife and children, and therefore would arouse less suspicion. Al-Marri was taken into federal custody as a material witness to the attacks (see December 12, 2001) and later designated as a “enemy combatant” (see June 23, 2003). The Justice Department is battling a lawsuit filed by al-Marri’s lawyers challenging his detention. According to the Justice Department, al-Marri was told to arrive in the US before the attacks, and to head to Pakistan if he didn’t get inside the US in time. Al-Marri, his wife, and their five children arrived in the US on September 10, 2001, where he began taking courses at Bradley University in Peoria, Illinois. The new details come from declassified portions of a sworn statement that the government is using to justify al-Marri’s indefinite detention. The Bush administration has insisted on limiting the information available to detainees and to the public, but was pressured into releasing the al-Marri information after a federal magistrate told government lawyers in February that “the deck is stacked pretty good in favor of the government to start with,” and thusly he wouldn’t consider evidence about al-Marri that al-Marri and his lawyers were not permitted to view for themselves. The magistrate, Judge Robert Carr, is expected to soon recommend whether al-Marri should continue to be held as an enemy combatant. According to the declassified summary, al-Marri traveled to Dubai in August 2001 and was given somewhere between $10,000 and $13,000 plus $3,000 more for a laptop computer. Al-Marri was allegedly given the money by Mustafa Ahmed al-Hawsawi, an al-Qaeda paymaster and one of Mohammed’s lieutenants who also allegedly helped some of the 9/11 hijackers (see Early-Late June, 2001). When al-Marri was taken into custody, the computer was found to contain files on the manufacture of hydrogen cyanide as well as over a thousand credit card numbers. The documents say that Mohammed communicated about al-Marri’s activities in the US through his brother, Jaralla Saleh Mohamed Kahla al-Marri, currently being held at Guantanamo Bay. Jonathan Hafetz, one of Ali al-Marri’s lawyers, says that not only should al-Marri “been given this information long ago,” but because the government has not offered any evidence to support the summary, the document is little more than hearsay. Carr told government lawyers to either stop using classified information or declassify it so that al-Marri could see it and respond to it. “You need to make your choice, because this deals with a man’s freedom,” Carr tells the Justice Department lawyers. “He has been removed from the battlefield, so to speak, for many years.” [Chicago Tribune, 4/6/2006]

Entity Tags: US Department of Justice, Robert Carr, Khalid Shaikh Mohammed, Bradley University, Ali Saleh Kahlah al-Marri, Al-Qaeda, Mustafa Ahmed al-Hawsawi, Bush administration (43), Jonathan Hafetz, Jaralla Saleh Mohamed Kahla al-Marri

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Military Commissions / Tribunals, Ali Saleh Kahlah al-Marri

Abu Bakker Qassim.Abu Bakker Qassim. [Source: McClatchy News]Abu Bakker Qassim, a Chinese Muslim and a member of that country’s Uighur minority, writes a column for the New York Times concerning what he says is his wrongful imprisonment at the Guantanamo Bay detention facility. Qassim is writing to protest Congress’s consideration of passing legislation that would deny Guantanamo detainees their habeas corpus right to challenge their detentions in federal court. Qassim says he and 17 of his fellow Uighurs fled Chinese government oppression and went to Afghanistan, where they were captured by Pakistani bounty hunters and “sold… to the United States military like animals for $5,000 a head. The Americans made a terrible mistake.” After he and four other Uighurs were granted court hearings, US authorities deported them to Albania. “Without my American lawyers and habeas corpus, my situation and that of the other Uighurs would still be a secret,” he writes. “I would be sitting in a metal cage today. Habeas corpus helped me to tell the world that Uighurs are not a threat to the United States or the West, but an ally. Habeas corpus cleared my name—and most important, it let my family know that I was still alive.” Qassim says that like his fellow Uighurs, he is “a great admirer of the American legal and political systems.” He continues: “I have the utmost respect for the United States Congress. So I respectfully ask American lawmakers to protect habeas corpus and let justice prevail. Continuing to permit habeas rights to the detainees in Guantanamo will not set the guilty free. It will prove to the world that American democracy is safe and well.” [New York Times, 9/17/2006] Because of this editorial, Qassim and four other Uighurs will be dubbed “returning to terrorist activities” by the Pentagon (see January 13-14, 2009).

Entity Tags: New York Times, Abu Bakker Qassim

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Detainments, Indefinite Detention, Legal Proceedings, Media, Guantanamo (US Base in Cuba)

The Justice Department argues in federal court that immigrants arrested in the US and labeled as “enemy combatants” under the Military Commissions Act (MCA) (see October 17, 2006) can be indefinitely detained without access to the US justice system. The argument comes as part of the Justice Department’s attempt to dismiss a habeas corpus suit challenging the detention of Ali Saleh Kahlah al-Marri, a Qatari citizen accused by the government of being an al-Qaeda agent (see December 12, 2001 and February 1, 2007). The government argues that the MCA “removes federal court jurisdiction over pending and future habeas corpus actions and any other actions filed by or on behalf of detained aliens determined by the United States to be enemy combatants, such as petitioner-appellant al-Marri.… In plain terms, the MCA removes this Court’s jurisdiction (as well as the district court’s) over al-Marri’s habeas action. Accordingly, the Court should dismiss this appeal for lack of jurisdiction and remand the case to the district court with instructions to dismiss the petition for lack of jurisdiction.” This is the first time the Bush administration has argued in court that the MCA strips a detainee held within the US of habeas rights.
Defense Counterargument - Al-Marri’s lawyers say that because he is being held in a South Carolina detention facility, he has the right to challenge his detention in a civilian court like any other non-citizen held on criminal charges. The Justice Department says that enemy combatants have no such rights regardless of where they are being held. Jonathan Hafetz, one of al-Marri’s lawyers, says: “[T]he president has announced that he can sweep any of the millions of non-citizens off the streets of America and imprison them for life in a military jail without charge, court review, or due process. It is unprecedented, unlawful, and un-American.” [Jurist, 11/14/2006] The government has “never admitted that he has any rights, including the right not to be tortured,” Hafetz adds. “They’ve created a black hole where he has no rights.” [Progressive, 3/2007] The Bush administration is also challenging lawsuits filed by detainees at the Guantanamo Bay detention facility on similar grounds. [Jurist, 11/14/2006]

Entity Tags: Military Commissions Act, Bush administration (43), Ali Saleh Kahlah al-Marri, Jonathan Hafetz, US Department of Justice

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Military Commissions / Tribunals, Ali Saleh Kahlah al-Marri

Civil libertarians, both conservative and liberal, join in filing a legal brief on behalf of suspected al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001), whose lawyers are preparing to file a suit challenging his detention as an “enemy combatant” (see February 1, 2007). Liberal and progressive law school deans Harold Koh of Yale and Laurence Tribe of Harvard are joined by conservatives such as Steven Calabresi, a former Reagan White House lawyer and co-founder of the staunchly conservative Federalist Society, in a brief that argues an immigrant or a legal resident of the US has the right to seek his freedom in the US court system. Al-Marri is a Qatari citizen who attended Bradley University in Illinois. The brief argues that the Military Commissions Act (MCA) (see October 17, 2006) is unconstitutional. The brief “shows the phrases ‘conservative’ and ‘libertarian’ have less overlap than ever before,” says law professor Richard Epstein, a Federalist Society member who signed it, adding, “This administration has lost all libertarians on all counts.” Koh says: “This involves the executive branch changing the rules to avoid challenges to its own authority. Serious legal scholars, regardless of political bent, find what the government did inconsistent with any reasonable visions of the rule of law.” Epstein, who says Koh is “mad on many issues,” agrees, calling the al-Marri case “beyond the pale.” He says, “They figured out every constitutional protection you’d want and they removed them.” Lawyer Jonathan Hafetz, representing al-Marri, says the case brings up issues about what the framers of the Constitution intended—something libertarians and judicial conservatives often look to. [Associated Press, 12/13/2006]

Entity Tags: Richard Epstein, Ali Saleh Kahlah al-Marri, Federalist Society, Harold Koh, Steven Calabresi, Jonathan Hafetz, Laurence Tribe

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

Attorneys for accused al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see December 12, 2001) challenge his detention as an enemy combatant (see June 23, 2003). The attorneys, appearing before a three-judge panel in Richmond’s Fourth US Court of Appeals, say that al-Marri is being held unconstitutionally and should be allowed to challenge his imprisonment in court under his right to habeas corpus. Al-Marri, a Qatari national, is the only person being held as an enemy combatant on US soil. His lawyers argue that he has inalienable rights as a legal resident of the US, including the right to due process and to challenge his accusers in court. One of al-Marri’s lawyers, Jonathan Hafetz, tells the court: “The basic question is whether criminal or military law governs this case. [The president] cannot militarize the case of a man in Peoria with the stroke of a pen.” The government says that the Military Commissions Act (MCA) (see October 17, 2006) gives the government the right to hold al-Marri and any other designated enemy combatant indefinitely, without recourse to the courts. Hafetz contends that the MCA doesn’t repeal defendants’ right to challenge their detention. He also says al-Marri was improperly classified as an enemy combatant. Justice Department lawyers argue that the court has no jurisdiction to hear such cases, and that the government has classified evidence proving that al-Marri is indeed an al-Qaeda agent. Judge Diana Gribbon Motz asks Justice Department lawyer David Salmons what would stop Bush from declaring anyone he chose an enemy combatant, even if that person was a citizen of a nation not at war with the US. “What I don’t understand is how you make one an enemy combatant,” she says. “What did the president look to, to call someone an enemy combatant?” Salmons says that Congress and the Supreme Court have granted Bush the authority to fight terrorism, (see September 14-18, 2001) and that authorization grants Bush the right to designate people with suspected al-Qaeda links as enemy combatants. Motz disagrees: “If the US can do this, it’s contrary to the Constitution. It would give other nations the ability to do that by declaring a US citizen an enemy combatant.” Salmons says the 9/11 attacks make the situation different. Al-Marri is supported in the court by, among others, former Attorney General Janet Reno, seven former Justice Department officials, and 29 US law school professors, who all contend that the government’s treatment of al-Marri is unconstitutional and sets a dangerous precedent in depriving US residents of basic legal rights. The case is al-Marri v. Wright, 06-7427. [Associated Press, 2/1/2007]

Entity Tags: Diana Gribbon Motz, Al-Qaeda, Ali Saleh Kahlah al-Marri, Janet Reno, David Salmons, Military Commissions Act, Jonathan Hafetz, US Department of Justice

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

A federal appeals court rules that “enemy combatant” Ali Saleh Kahlah al-Marri (see December 12, 2001 and February 1, 2007) must be released from military custody. “To sanction such presidential authority to order the military to seize and indefinitely detain civilians,” writes Judge Diana Gribbon Motz, “even if the President calls them ‘enemy combatants,’ would have disastrous consequences for the Constitution—and the country.” She adds, “We refuse to recognize a claim to power that would so alter the constitutional foundations of our Republic.” [New York Times, 6/11/2007] Motz continues, “The president cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Military Commissons Act Does Not Apply - The Military Commissions Act (MCA) (see October 17, 2006) does not apply to al-Marri, the court rules. [Bloomberg, 6/11/2007] Motz writes that the MCA does not apply to al-Marri and the court also rules that the government failed to prove its argument that the Authorization for Use of Military Force, enacted by Congress immediately after the 9/11 attacks (see September 14-18, 2001), gives President Bush the power to detain al-Marri as an enemy combatant. [Associated Press, 6/11/2007] Motz also notes that even though the government says the MCA applies to al-Marri’s case, it did not follow its own guidelines under that law. The MCA requires all such detainees to be granted a Combat Status Review Tribunal (CRST) determination; all Guantanamo-based detainees have been given such a procedure. Al-Marri has not. The government did not suggest the procedure for al-Marri until the day it filed its motion to dismiss al-Marri’s case. [Christian Science Monitor, 6/13/2007] The case, al-Marri v. Wright, was filed against Navy Commander S.L. Wright, who oversees the Charleston military prison that houses al-Marri. [Bloomberg, 6/11/2007]
Government Arguments Repudiated - The 2-1 decision of the US Court of Appeals in Richmond was written for the majority by Motz. Al-Marri is the only person held on the US mainland as an enemy combatant, and has been held in isolation for four years (see August 8, 2005). The government has alleged since 2002 that al-Marri was an al-Qaeda sleeper agent sent to the US to commit mass murder and disrupt the US banking system (see June 23, 2003). Motz writes that while al-Marri may well be guilty of serious crimes, the government cannot sidestep the US criminal justice system through military detention. The al-Marri ruling apparently does not apply to enemy combatants and other detainees held without charges or legal access at the facility in Guantanamo Bay, Cuba. The dissenting judge, Henry Hudson, writes that President Bush “had the authority to detain al-Marri as an enemy combatant or belligerent” because “he is the type of stealth warrior used by al-Qaeda to perpetrate terrorist acts against the United States.” Hudson is a Bush appointee. Motz and Judge Roger Gregory, the concurring judge, were appointed by former president Bill Clinton. Motz orders the Pentagon to issue a writ of habeas corpus for al-Marri “within a reasonable period of time.” The Pentagon may release him, hold him as a material witness, or charge him in the civilian court system. Al-Marri “can be returned to civilian prosecutors, tried on criminal charges, and, if convicted, punished severely,” she writes, “But military detention of al-Marri must cease.” [New York Times, 6/11/2007; Bloomberg, 6/11/2007]
Democracy Vs. 'Police State' - Hafetz says: “We’re pleased the court saw through the government’s stunning position in this case. Had it not, the executive could effectively disappear people by picking up any immigrant in this country, locking them in a military jail, and holding the keys to the courthouse.… This is exactly what separates a country that is democratic and committed to the rule of law from a country that is a police state.” [Christian Science Monitor, 6/13/2007]
Justice Department to Challenge Decision - The Justice Department intends to challenge the decision (see June 11, 2007 and Late October-Early November, 2007). The case is expected to reach the Supreme Court, and may help define what authority the government has to indefinitely detain terror suspects and to strip detainees of their right to challenge the legality and conditions of their detention. [Associated Press, 6/11/2007] For the time being, al-Marri will remain in military custody in the Charleston naval brig. [Cincinnati Post, 6/12/2007]

Entity Tags: Diana Gribbon Motz, Combat Status Review Tribunal, Al-Qaeda, Ali Saleh Kahlah al-Marri, US Department of Justice, Henry Hudson, US Supreme Court, Jonathan Hafetz, US Department of Defense, Military Commissions Act, George W. Bush, S.L. Wright

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Military Commissions / Tribunals, Abrogation of Rights, Ali Saleh Kahlah al-Marri

Amnesty International logo.Amnesty International logo. [Source: Amnesty International]The human rights group Amnesty International hails an appeal court decision to release alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri (see June 11, 2007) from military detention. Executive director Larry Cox says in a statement: “Today’s decision strikes down a fundamental premise of the Bush administration’s ill-advised and immoral detention regime: the president’s assertion that he can decide who to detain, and how to detain them, without any judicial review. The Fourth Circuit has affirmed al-Marri’s fundamental human right to challenge his detention. This and other recent developments are an indictment of the Bush administration’s detention regime. It’s now up to Congress to act. They should seize this opportunity to reverse their ill-considered decision last year to strip habeas rights from non-citizens in US custody. This decision restores constitutional habeas rights to those arrested on US soil. However, that is only a tiny subset of the many individuals whose rights have been trampled in the name of the war on terror. Today’s ruling is plain common sense: the president can’t seize civilians in the United States, hold them in military custody, and deny them habeas rights. It’s a sign of how bad things have gotten that the decision comes as such a welcome glimmer of hope.” [US Newswire, 6/11/2007]

Entity Tags: Ali Saleh Kahlah al-Marri, Al-Qaeda, Bush administration (43), Amnesty International, Larry Cox

Timeline Tags: Civil Liberties

Category Tags: Human Rights Groups, Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

Justice Department spokesman Dean Boyd says the administration is “disappointed” in the decision to void Ali Saleh Kahlah al-Marri’s “enemy combatant” status (see June 11, 2007), and will ask that the full appellate court re-hear the case (see Late October-Early November, 2007). “The president has made clear that he intends to use all available tools at his disposal to protect Americans from further al-Qaeda attack, including the capture and detention of al-Qaeda agents who enter our borders,” Boyd says. [Bloomberg, 6/11/2007; US Newswire, 6/11/2007]

Entity Tags: Osama bin Laden, Dean Boyd, US Department of Justice, Al-Qaeda, Ali Saleh Kahlah al-Marri, Khalid Shaikh Mohammed

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

Former Reagan Justice Department official and constitutional lawyer Bruce Fein and former civil liberties lawyer Glenn Greenwald applaud the recent ruling requiring the government to overturn alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri’s military detention status (see June 11, 2007). Fein writes that the decision “rebuked President Bush’s frightening claim that the Constitution crowned him with power to pluck every American citizen from his home for indefinite detention without trial on suspicion of preparing for acts of international terrorism.” Other terrorist acts, such as the 1995 Oklahoma City bombings (see 8:35 a.m. - 9:02 a.m. April 19, 1995) and the 1993 World Trade Center bombings (see February 26, 1993), “were tried and punished in civilian courts,” Fein notes, adding that Bush bypassed the USA Patriot Act to classify al-Marri as an enemy combatant, although the Patriot Act “provides a specific method for the government to detain aliens affiliated with terrorist organizations who are believed likely to engage in terrorist activity.” Al-Marri was denied that procedure due to his classification as an enemy combatant. [Washington Times, 6/19/2007] Greenwald writes, “How extraordinary it is—how extraordinarily disturbing it is—that we are even debating these issues at all. Although its ultimate resolution is complicated, the question raised by al-Marri is a clear and simple one: Does the president have the power—and/or should he have it—to arrest individuals on US soil and keep them imprisoned for years and years, indefinitely, without charging them with a crime, allowing them access to lawyers or the outside world, and/or providing a meaningful opportunity to contest the validity of the charges? How can that question not answer itself?… Who would possibly believe that an American president has such powers, and more to the point, what kind of a person would want a president to have such powers? That is one of a handful of powers that this country was founded to prevent.” [Chicago Sun-Times, 6/17/2007]

Entity Tags: George W. Bush, Al-Qaeda, Ali Saleh Kahlah al-Marri, Glenn Greenwald, Bruce Fein, USA Patriot Act

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

A federal appeals court hears the case of alleged al-Qaeda sleeper agent Ali Saleh Kahlah al-Marri, who was the victor in a recent court decision that ruled he could no longer be held in military detention with no access to the US court system (see June 11, 2007). Al-Marri’s lawyer, Jonathan Hafetz, asks the Fourth US Court of Appeals to uphold the recent verdict, which was rendered by a three-judge panel from the same court. Now the entire court is reconsidering the case at the government’s request. Hafetz says the court must uphold the decision. “To rule otherwise is to sanction a power the president has never had and was never meant to have.”
Authorization for the Use of Military Force - Judge Paul Neimeyer, a George H. W. Bush appointee, challenges Hafetz’s assertion that al-Marri cannot be held in military custody because he was not captured on a battlefield; to make such a claim would mean “25 or 30 terrorists could sneak into the US” and the military could not stop them. Justice Department lawyer Gregory Garre makes the same argument that the appeals court panel rejected—that Congress gave the president the authority to seize and detain anyone affiliated with al-Qaeda, regardless of where they were captured, when it passed its Authorization for the Use of Military Force (AUMF) after the 9/11 attacks (see September 14-18, 2001). Judge J. Harvie Wilkinson, appointed to the bench by former president Ronald Reagan, says that Congress could appeal or revise the AUMF whenever it likes. [Associated Press, 10/31/2007] Wilkinson acknowledges that many have concerns that the AUMF “may have authorized some sweeping detention problem… [, b]ut people are not being swept off the streets of Omaha.” Judge Diana Gribbon Motz interjects, “No, it was Peoria.”
Question of Constitutionality - Wilkinson wonders why the “carefully targeted response by the government” has created “all this hoopla?” Comparing the detention of al-Marri and another enemy combatants, Jose Padilla, to the round-ups of German-Americans during World War I and of Japanese-Americans during World War II, Wilkinson asks if “we’ve lost our sense of perspective.” Judge Roger Gregory says: “The calculus for determining constitutionality is not whether we have a good king or a bad king. It’s not whether he stays his hand in generosity.” Motz and Gregory were the majority judges in the June decision. When Garre argues that al-Marri had ample opportunity to challenge his detention, and “squandered” those opportunities, Judge William Traxler asks, “How does a person who’s held incommunicado challenge” his detention? [Baltimore Daily Record, 11/1/2007]

Entity Tags: US Department of Justice, Roger Gregory, William Traxler, Ronald Reagan, Paul Neimeyer, Jonathan Hafetz, Ali Saleh Kahlah al-Marri, Al-Qaeda, Jose Padilla, Diana Gribbon Motz, Gregory Garre, J. Harvie Wilkinson, George Herbert Walker Bush

Timeline Tags: Civil Liberties

Category Tags: Indefinite Detention, Legal Proceedings, Ali Saleh Kahlah al-Marri

Convicted terrorism conspirator Jose Padilla (see January 22, 2008) sues former Justice Department lawyer John Yoo. Padilla claims Yoo’s legal arguments led to his mistreatment and illegal detention at a US Navy brig. Padilla’s lawsuit says that Yoo’s memos led President Bush to designate Padilla as an “enemy combatant” (see June 10, 2002) and subject him to indefinite detention without being charged or having access to a lawyer. The lawsuit asks for only $1 in damages, and seeks a legal judgment declaring that the policies violated the US Constitution. “This is ultimately about right and wrong, not money,” says Padilla’s attorney Jonathan Freiman, a law professor at Yale University. Freiman says Yoo is being sued because “he gave the green light” to how to deal with Padilla. The lawsuit reiterates claims that Padilla was subjected to harsh interrogation techiques and mistreatment that amounted to torture, claims Justice Department and Pentagon officials deny. [Associated Press, 1/4/2008]

Entity Tags: US Department of Defense, John C. Yoo, Jose Padilla, US Department of Justice, Jonathan Freiman

Category Tags: Indefinite Detention, Legal Proceedings, Jose Padilla

Jose Padilla (see May 14, 2007), convicted in August 2007 of conspiring to assist terrorist organizations such as al-Qaeda, is sentenced for his crimes. Padilla was not charged with plotting to detonate a radioactive “dirty bomb,” as Bush administration officials have long alleged (see June 10, 2002). He is sentenced to over 17 years in prison, but is not sentenced to life in prison, as Judge Marcia Cooke could have given him. Cooke gives Padilla some credit for his detention in a US naval brig, and agrees that he was subjected to what she calls “harsh conditions” and “extreme environmental stresses” while there. “I do find that the conditions were so harsh for Mr. Padilla… they warrant consideration in the sentencing in this case,” she rules. Padilla does not get credit for time served. Two co-defendants, Adham Amin Hassoun (see 1993) and Kifah Wael Jayyousi (see (October 1993-November 2001)), are also convicted; Hassoun receives over 15 years in prison and Jayyousi is sentenced to over 12 years. Cooke says that the prosecution failed to prove that either defendant was responsible for any specific acts of terrorism. “There is no evidence that these defendants personally maimed, kidnapped, or killed anyone in the United States or elsewhere,” she rules. The reactions from the defendants’ lawyers and family members are mixed. “I feel good about everything. This is amazing,” says Padilla’s mother, Estela Lebron. Hassoun’s lawyer, Jeanne Baker, calls the verdict “a defeat for the government.” And Jayyousi’s lawyer, William Swor, says: “The government has not made America any safer. It has just made America less free.” [Associated Press, 1/22/2008] Padilla will serve his prison sentence at a so-called “supermax” prison facility in Colorado. Domestic terrorists such as Terry Nichols, convicted of conspiring to bomb a federal building in Oklahoma City (see Late 1992-Early 1993 and Late 1994), “Unabomber” Ted Kaczynski (see April 3, 1996), and al-Qaeda operative Zacarias Moussaoui (see April 22, 2005) are also held at this facility. [Jurist, 4/19/2008]

Entity Tags: Marcia Cooke, William Swor, Kifah Wael Jayyousi, Jeanne Baker, Adham Amin Hassoun, Al-Qaeda, Jose Padilla, Estela Lebron, Bush administration (43)

Category Tags: Indefinite Detention, Legal Proceedings, Jose Padilla

Lawyers for alleged enemy combatant Ali Saleh Kahlah al-Marri (see December 12, 2001) file papers with the court asserting that al-Marri was systematically abused by FBI and Defense Intelligence Agency (DIA) interrogators while in military custody. Al-Marri continues to be held in the Naval brig in Charleston, South Carolina (see June 23, 2003). Additionally, al-Marri was told that cabinets full of videotapes of his interrogations exist, according to the legal filings. Al-Marri has been in federal detention, without charge, since 2003. The New York Times has reported that about 50 videotapes of interrogation sessions with al-Marri and fellow detainee Jose Padilla (see May 8, 2002) were recently found by Pentagon officials (see March 13, 2008). DIA spokesman Donald Black admits that one tape shows al-Marri being gagged with duct tape, but says that al-Marri brought that treatment upon himself by chanting loudly and disruptively. One of al-Marri’s lawyers, Jonathan Hafetz, says that the treatment al-Marri has been forced to endure is far worse than anything Black describes—al-Marri, Hafetz says, has been subjected to stress positions, sensory deprivation, and threats of violence or death. “On several occasions, interrogators stuffed Mr. al-Marri’s mouth with cloth and covered his mouth with heavy duct tape,” says the legal filings. “The [duct] tape caused Mr. al-Marri serious pain. One time, when Mr. al-Marri managed to loosen the tape with his mouth, interrogators re-taped his mouth even more tightly. Mr. al-Marri started to choke until a panicked agent from the FBI or Defense Intelligence Agency removed the tape.” [United Press International, 3/13/2008; Washington Post, 3/31/2008]

Entity Tags: Donald Black, Ali Saleh Kahlah al-Marri, Defense Intelligence Agency, Federal Bureau of Investigation, Jonathan Hafetz, Jose Padilla

Category Tags: Coverup, Indefinite Detention, Legal Proceedings, Internal Memos/Reports, Guantanamo (US Base in Cuba), Ali Saleh Kahlah al-Marri, Jose Padilla

The Pentagon reviews a compendium of videotaped interrogations conducted at numerous US military detention facilities, including Guantanamo Bay and in Iraq. It identifies at least 50 tapes, including one showing the forcible gagging of a suspect. Defense Department officials say that only a few of the tens of thousands of interrogations conducted since 2001 were recorded. Most were “routinely destroyed” if they were found to have no continuing value, according to Pentagon spokesman Don Black. Among the 50 or so tapes already identified are interrogations of two high-level “enemy combatants,” Ali Saleh Kahlah al-Marri and Jose Padilla. Both were interrogated at the Naval brig in Charleston, South Carolina. A tape of an interrogation of al-Marri shows the terrorist suspect being gagged and manhandled by FBI agents (see March 13, 2008), but not waterboarded or otherwise tortured. Black says that the director of the Defense Intelligence Agency, Lieutenant General Michael Maples, has reviewed the tape and is satisfied that al-Marri was treated in an acceptable fashion. As for other possible tapes, Admiral Mark H. Buzby, the military commander at Guantanamo, says, “We suspect that the recording devices contain recorded data but we are unable technologically to confirm whether data remains.” [New York Times, 3/13/2008]

Entity Tags: Donald Black, Ali Saleh Kahlah al-Marri, Defense Intelligence Agency, Michael D. Maples, Jose Padilla, US Department of Defense, Mark H. Buzby

Category Tags: Coverup, Indefinite Detention, Guantanamo (US Base in Cuba), Ali Saleh Kahlah al-Marri, Jose Padilla

Aerial photo of Diego Garcia island.Aerial photo of Diego Garcia island. [Source: Department of Defense]British Conservative MP Andrew Tyrie, who chairs the all-party Parliamentary group on extraordinary rendition, files a formal complaint with the government’s Information Commissioner over the government’s use of the island of Diego Garcia for the rendition of US prisoners to foreign countries for interrogation and possibly torture (see After February 7, 2002 and June 2, 2008). Diego Garcia is a large atoll in the Indian Ocean under British jurisdiction, and hosts a large British-American military base (see July 27, 1971-May 26, 1973). Tyrie says he decided to make the complaint to learn if Britain was in breach of its obligations under the UN Convention Against Torture (see October 21, 1994). The British government has recently admitted that at least two US rendition planes used Diego Garcia as a refueling base in 2002 (see December 2001-January 2002). “The foreign secretary has been forced to admit that two rendition planes refueled at Diego Garcia, despite explicit US assurances to the [British] government that no such flights had taken place,” Tyrie says. “Clearly people will conclude that these assurances are worthless.… But in response to requests by me the government has twice refused to release the terms of these assurances. Their disclosure will allow for a legal assessment of whether or not [Britain] has breached its obligations under the convention against torture, both with respect to Diego Garcia and to rendition generally.” Tyrie’s complaint requests that Foreign Secretary David Milbrand name the prisoners rendered through Diego Garcia by the US. Milbrand has already apologized to Parliament about falsely claiming that no US rendition flights have ever used Diego Garcia as a refueling base; other British government officials have issued similar denials (see January 8, 2003). But Manfred Novak, the UN special investigator on torture, says that he has credible evidence that detainees were held on Diego Garcia between 2002 and 2003. Human rights attorney Clive Stafford Smith says he believes two of the detainees were Mohammed Saad Iqbal Madni (see Early January-January 9, 2002 and March 2004) and Ibn al-Shaykh al-Libi (see December 19, 2001 and January 2002 and After), though he cannot be sure since neither the US nor British governments are releasing the names of potential detainees kept at Diego Garcia. In 2007, a Council of Europe investigation into extraordinary rendition will learn that US agencies use Diego Garcia in the “processing” of “high-value detainees.” [Guardian, 6/2/2008; Guardian, 6/2/2008]

Entity Tags: Mohammed Saad Iqbal Madni, David Miliband, Manfred Novak, Andrew Tyrie, Clive Stafford Smith, Ibn al-Shaykh al-Libi

Timeline Tags: US-Britain-Diego Garcia (1770-2004)

Category Tags: High-level Decisions and Actions, Human Rights Groups, Indefinite Detention, Rendition after 9/11, Ghost Detainees, Diego Garcia

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

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

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

Lindsey Graham.Lindsey Graham. [Source: Boston Globe]Senator Lindsey Graham (R-SC) says that some detainees currently held in Guantanamo should be imprisoned indefinitely, without legal recourse. Graham is responding to President Obama’s order to close Guantanamo within a year (see January 22, 2009). On Fox News, Graham says, “I do believe we can close Gitmo, but what to do with them [the remaining detainees]?” He says there are three options: “Repatriate some back to other countries makes sense, if you can do it safely. Some of them will be tried for war crimes. And a third group will be held indefinitely because the sensitive nature of the evidence may not subject them to the normal criminal process, but if you let them go, we’ll be letting go someone who wants to go back to the fight.… So we’ve got three lanes we’ve got to deal with: repatriation, trials, and indefinite detention.” Civil liberties expert Ken Gude is critical of Graham’s position: “US courts have tried some of the most dangerous terrorists the world has ever known, and done so while both protecting classified information and the rights of the accused to ensure the verdict is fair, legitimate, and accurate.… Of course these prosecutions will not be easy, but the admissibility of classified evidence is not an insurmountable obstacle to trials of Guantanamo detainees.” [Think Progress, 1/21/2009]

Entity Tags: Lindsey Graham, Barack Obama, Ken Gude

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Indefinite Detention, Public Statements

John Yoo, the former Bush administration legal adviser who authored numerous opinions on the legality of torture, detentions without legal representation, and warrantless wiretapping (see November 6-10, 2001, December 28, 2001, January 9, 2002, August 1, 2002, and August 1, 2002, among others), writes an op-ed for the Wall Street Journal opposing the Obama administration’s intent to close the Guantanamo Bay detention facility (see January 20, 2009 and January 22, 2009)) and restrict the CIA’s ability to torture detainees (see January 22, 2009). Yoo, now a law professor and a member of the neoconservative American Enterprise Institute, writes that while President Obama’s decision “will please his base” and ease the objections to the Bush “imperial presidency,” it will “also seriously handicap our intelligence agencies from preventing future terrorist attacks.” Yoo writes that the Obama decisions mark a return “to the failed law enforcement approach to fighting terrorism that prevailed before Sept. 11, 2001.” Yoo recommends that Obama stay with what he calls “the Bush system” of handling terror suspects. Yoo fails to note that the US law enforcement system prevented, among others, the “millennium bombing” plot (see December 14, 1999), the plot to bomb New York City’s Lincoln and Holland Tunnels (see June 24, 1993), and Operation Bojinka (see January 6, 1995).
Obama Needs to be Able to Torture Prisoners Just as Bush Did, Yoo Declares - And by eschewing torture, Obama is giving up any chance on forcing information from “the most valuable sources of intelligence on al-Qaeda” currently in American custody. The Bush administration policies prevented subsequent terrorist attacks on the US, Yoo contends, and Obama will need the same widespread latitude to interrogate and torture prisoners that Bush employed: “What is needed are the tools to gain vital intelligence, which is why, under President George W. Bush, the CIA could hold and interrogate high-value al-Qaeda leaders. On the advice of his intelligence advisers, the president could have authorized coercive interrogation methods like those used by Israel and Great Britain in their antiterrorism campaigns. (He could even authorize waterboarding, which he did three times in the years after 9/11.)” It is noteworthy that Yoo refused to confirm that Bush ordered waterboarding of suspects during his previous Congressional hearings (see June 26, 2008).
Interrogations Must be 'Polite' - According to Yoo, in forcing the CIA and other US interrogators to follow the procedures outlined in the Army Field Manual, they can no longer use “coercive techniques, threats and promises, and the good-cop bad-cop routines used in police stations throughout America.… His new order amounts to requiring—on penalty of prosecution—that CIA interrogators be polite. Coercive measures are unwisely banned with no exceptions, regardless of the danger confronting the country.” [Wall Street Journal, 1/29/2009] Yoo is incorrect in this assertion. The Army Field Manual explicitly countenances many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo says it bans. Further, the Field Manual says nothing about requiring interrogators to be “polite.” [Army, 9/2006] And actual field interrogators such as the Army’s Matthew Alexander have repeatedly said that torturing prisoners is ineffective and counterproductive, while building relationships and treating prisoners with dignity during interrogations produces usable, reliable intelligence (see November 30, 2008).
Shutting Down Military Commissions - Obama’s order to stay all military commission trials and to review the case of “enemy combatant” Ali Saleh al-Marri (see June 23, 2003) is also mistaken, Yoo writes. Yoo fears that Obama will shut down the military commissions in their entirety and instead transfer detainees charged with terrorist acts into the US civilian court system. He also objects to Obama’s apparent intent to declare terrorists to be prisoners of war under the Geneva Conventions, instead of following the Bush precedent of classifying terrorists “like pirates, illegal combatants who do not fight on behalf of a nation and refuse to obey the laws of war.” To allow terror suspects to have rights under Geneva and the US legal system, Yoo asserts, will stop any possibility of obtaining information from those suspects. Instead, those suspects will begin using the legal system to their own advantage—refusing to talk, insisting on legal representation and speedy trials instead of cooperating with their interrogators. “Our soldiers and agents in the field will have to run more risks as they must secure physical evidence at the point of capture and maintain a chain of custody that will stand up to the standards of a civilian court,” Yoo writes. [Wall Street Journal, 1/29/2009] In reality, the Supreme Court’s ruling in Hamdan v. Rumsfeld (see June 30, 2006), as well as the Detainee Treatment Act (see December 15, 2005) and the Military Commissions Act (see October 17, 2006), all mandate that detainees must be handled according to the Geneva Conventions.
Risk to Americans - Another effect of transferring detainees into the civilian justice system, Yoo claims, is to allow “our enemies to obtain intelligence on us.” Defense lawyers will insist on revealing US intelligence—information and methods—in open court, and will no doubt force prosecutors to accept plea bargains “rather than risk disclosure of intelligence secrets.”
Obama 'Open[ed] the Door to Further Terrorist Acts on US Soil' - Obama said in his inaugural speech that the US must “reject as false the choice between our safety and our ideals.” Yoo calls that statement “naive,” and writes, “That high-flying rhetoric means that we must give al-Qaeda—a hardened enemy committed to our destruction—the same rights as garden-variety criminals at the cost of losing critical intelligence about real, future threats.” By making his choices, Yoo writes, “Mr. Obama may have opened the door to further terrorist acts on US soil by shattering some of the nation’s most critical defenses.” [Wall Street Journal, 1/29/2009]

Entity Tags: John C. Yoo, Barack Obama, American Enterprise Institute, Wall Street Journal, Obama administration

Timeline Tags: Civil Liberties

Category Tags: Detainments, High-level Decisions and Actions, Indefinite Detention, Legal Proceedings, Military Commissions / Tribunals, Public Statements, Detainee Treatment Act

Several Republican senators plan to visit the Guantanamo Bay detention facility and report their findings. They are expected to continue their calls for keeping Guantanamo open indefinitely. Senators Jim Inhofe (R-OK), David Vitter (R-LA), Pat Roberts (R-KS), Richard Burr (R-NC), and Mel Martinez (R-FL) decided to make the trip after President Obama issued an executive order mandating that the prison be closed within a year (see January 22, 2009). “I’ve always looked at [the prison] as being a real valuable asset,” says Inhofe. He admits he does not “have a solution to what we’re going to ultimately do” with the prisoners deemed most dangerous. “I’m not addressing that problem,” he says. Inhofe says Obama’s order to close the prison “failed to take into consideration the implications of closing [Guantanamo]—what happens to current detainees, what the military will do with detainees held in other military prisons around the world and what judicial process is going to be used.” Obama has asked for a “comprehensive interagency review” to settle those questions. [Daily Oklahoman, 1/30/2009; Bixby Bulletin, 1/30/2009] Burr says that he is “so far unconvinced that moving trained terrorists to the United States is in the best national security interests of our nation.” And Vitter notes that he is “very disappointed in President Obama’s decision to close the detention facility at Guantanamo.” He continues: “This facility should not be closed, and these individuals should not be released until we can determine the extent of their potential involvement in terrorist activities. And we most certainly should use every available measure to ensure that they do not make their way into the United States if in fact they are released.” [Bixby Bulletin, 1/30/2009]
Worry about Housing Detainees in US Prisons - Like Inhofe, Roberts is concerned that some Guantanamo inmates will be transferred into prisons in his home state. Kansas is the home of Fort Leavenworth, which houses a large Army prison. “I am especially concerned with ridiculous speculation that Ft. Leavenworth is equipped to handle these detainees, some of the most dangerous terrorists in the world,” he says. “I am convinced these terrorists cannot and will not be housed in Kansas.” [KansasCW, 1/30/2009]
Advocating Continued Detentions without Trials - In an interview with Fox News, Vitter goes further than his Senatorial colleagues, saying that he favors continuing to detain some suspects without trials. “We need the ability to deal with these folks adequately,” he says. “To me, that has to include the ability to detain some—without trial—to continue proper interrogation.… I’d like to have Gitmo stay open. But certainly, we need detention facilities where we can detain dangerous terrorists without trial, continue to interrogate them.” [Think Progress, 1/30/2009] Fellow Republican Senator Lindsey Graham (R-SC) has already made the same recommendation (see January 21, 2009).

Entity Tags: Richard Burr, Lindsey Graham, James M. Inhofe, David Vitter, Barack Obama, Mel Martinez, Pat Roberts

Timeline Tags: Civil Liberties

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

The CIA says it intends to close down the network of secret overseas prisons it used to torture suspected terrorists during the Bush administration. CIA Director Leon Panetta says that agency officers who worked in the program “should not be investigated, let alone punished” because the Justice Department under President Bush had declared their actions legal. Justice Department memos (see April 16, 2009) and investigations by the International Committee of the Red Cross (see October 6 - December 14, 2006) have shown that torture was used on several prisoners in these so-called “black sites.” Panetta says the secret detention facilities have not been used since 2006, but are still costing taxpayers money to keep open. Terminating security contracts at the sites would save “at least $4 million,” he says. The CIA has never revealed the location of the sites, but independent investigations and news reports place at least some of them in Afghanistan, Thailand, Poland, Romania, and Jordan. Agency officials have claimed that fewer than 100 prisoners were ever held in the sites, and around 30 of them were tortured. The last 14 prisoners were transferred to Guantanamo in 2006 (see September 2-3, 2006), but then-President Bush ordered the sites to remain open for future use. Since then, two suspected al-Qaeda operatives are known to have been kept in the sites. Panetta also says that the CIA will no longer use private contractors to conduct interrogations. [New York Times, 4/10/2009]

Entity Tags: Leon Panetta, Central Intelligence Agency

Category Tags: High-level Decisions and Actions, Indefinite Detention, Extraordinary Rendition

Ordering 

Time period


Categories

Key Events

Key Events (98)

General Topic Areas

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

Renditions

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

Types of Abuses Performed by US

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

Documents

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

Specific Events or Operations

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

US Bases and Interrogation Centers

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

High Ranking Detainees

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

Other Detainees

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