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

Sleep Deprivation

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

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Albert Biderman, an Air Force sociologist, publishes a study that notes how “brainwashing” had been achieved by depriving prisoners of sleep, exposing them to intense cold, and forcing them into excruciatingly painful “stress positions” for long periods of time. Biderman’s study is based on techniques used by Chinese Communist interrogators against US prisoners of war, which produced little real intelligence but excelled in producing false confessions (see December 2001). In 2002, Biderman’s study will become the basis of a interrogators’ training class for use against detainees at Guantanamo (see July 2002). [Vanity Fair, 12/16/2008]

Entity Tags: US Department of the Air Force, Albert Biderman

Category Tags: Other Events, Reports/Investigations, Extreme Temperatures, SERE Techniques, Sleep Deprivation, Stress Positions

Following his arrest after the Bojinka plot was shut down by Philippine police (see January 6, 1995), Abdul Hakim Murad is allegedly tortured. He is reportedly subjected to sleep and food deprivation in the first few hours, and his lawyer will also claim that he is subjected to electric shocks, force-fed, and waterboarded. However, according to author Peter Lance, “these techniques only cause[d] Murad to stonewall.” The interrogation is then turned over to Colonel Rodolfo Mendoza of the Philippine police, who elicits information from Murad using two methods: First, Mendoza ensures that he is extremely hungry when the first interrogation starts, and takes a McDonald’s hamburger, French fries, and a Coke into the interrogation room, placing them in front of Murad. Mendoza says that he must give him some additional information before he can eat. Secondly, Mendoza threatens him by saying that he could be handed over to the Mossad, and claims that fellow Bojinka conspirator Wali Khan Amin Shah is already in their hands, even though Shah is still a fugitive (see January 13, 1995). These techniques are much more successful and Murad provides a good deal of additional information (see January 20, 1995, February 1995-1996, and February-Early May 1995). [Lance, 2006, pp. 181-3]

Entity Tags: Abdul Hakim Murad, Peter Lance, Rodolfo Mendoza

Timeline Tags: Complete 911 Timeline

Category Tags: Electrodes, Insufficient Food, Sleep Deprivation, Waterboarding

According to government papers, later quoted by defense lawyers for captured “American Taliban” John Walker Lindh (see Late morning, November 25, 2001), “A Navy physician present at Camp Rhino recounted that the lead military interrogator in charge of Mr. Lindh’s initial questioning told the physician ‘that sleep deprivation, cold, and hunger might be employed’ during Mr. Lindh’s interrogations.” This interrogator later says, “he was initially told to get whatever information he could get from the detainee. However,… once it was determined from their initial questioning of Lindh that he was an American, which was done within an hour or so, [the military interrogator] informed a superior and was told they were done questioning him.” Lindh nevertheless is subjected to “sleep deprivation, cold, and hunger.” The metal container Lindh is kept in has no light or heat source. Only two small holes in the sides of the container allow some light and air to enter, through which military guards frequently shout swearwords at Lindh and discuss spitting in his food. According to his defense attorneys, “Mr. Lindh’s hands and feet remained restrained such that his forearms were forced together and fully extended, pointing straight down towards his feet. The pain from the wrist restraints was intense. Initially, Mr. Lindh remained fully exposed within the metal container, lying on his back; after some time had passed, one blanket was placed over him and one beneath him. While in the container the first two days, Mr. Lindh was provided minimal food and little medical attention. He suffered from constant pain from the plastic cuffs on his wrists and the bullet wound in his thigh. Because the metal container was placed next to a generator, the loud noise it generated echoed within the container. According to government disclosures, Mr. Lindh repeatedly said he was cold and asked for more protection from the weather. When Mr. Lindh needed to urinate, his guards did not release him from the restraints binding him to his stretcher, but instead propped up the stretcher into a vertical position. Due to hunger, the cold temperature, the noise, and the incessant pain caused by his wounds and the position in which he was restrained, Mr. Lindh was unable to sleep. Mr. Lindh was held under these conditions continuously for two days.” [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh

Timeline Tags: War in Afghanistan

Category Tags: Extreme Temperatures, Insufficient Food, Sleep Deprivation, John Walker Lindh, Other US Bases and Centers

Rhuhel Ahmed.Rhuhel Ahmed. [Source: The Phoenix]Sometime in December, [Petitioners' Brief on the Merits. Shafiq Rasul, et al., v. George W. Bush, et al., 3/3/2004 pdf file] Rhuhel Ahmed, Asif Iqbal, and Shafiq Rasul are handed over to US forces. The “Tipton three,” as they will be known, are taken by Northern Alliance troops to a US military base, together with 200 other prisoners. The journey by means of containers is allegedly so exhausting, that the three are among only 20 who survive. They suffer from “cold, dehydration, hunger, and uncertainty.” As they are handed over, US soldiers allegedly kick and beat them. According to Iqbal, “They kept calling us ‘motherf_ckers,’ and I think over three or four hours… I must have been punched, kicked, slapped or struck with a rifle butt at least 30 or 40 times.” One of the soldiers says, according to Iqbal, “You killed my family in the towers [of the World Trade Center], and now it’s time to get you back.” [Guardian, 8/4/2004] The three Britons are temporarily detained at the US military base at Kandahar. Allegedly they are systematically deprived of sleep and kept on a special diet designed to weaken them. In the meanwhile they are interrogated. In one instance, according to Iqbal, US soldiers hold a gun to his head during questioning. “An American shouted at me, telling me I was al-Qaeda. I said I was not involved in al-Qaeda and did not support them. At this he started to punch me violently and then when he knocked me to the floor started to kick me around my back and in my stomach.” [Guardian, 8/4/2004]

Entity Tags: Asif Iqbal, Shafiq Rasul, Rhuhel Ahmed

Timeline Tags: War in Afghanistan

Category Tags: Extreme Temperatures, Insufficient Food, Intimidation/Threats, Physical Assault, Sleep Deprivation, Kandahar (Afghanistan), Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Walid al-Qadasi, a 22-year-old Yemeni, is captured in Iran and transferred to US custody, where he is soon transferred to an Afghan prison. Like another captive, Wisam Ahmed (see December 2001 and After), al-Qadasi calls the site the “Dark Prison.” (Civil rights activist Andy Worthington later writes that he believes Ahmed and al-Qadasi were kept at different sites.) Al-Qadasi will later recall: “The Americans interrogated us on our first night which we coined as ‘the black night.’ They cut our clothes with scissors, left us naked, and took photos of us before they gave us Afghan clothes to wear. They then handcuffed our hands behind our backs, blindfolded us, and started interrogating us.… They threatened me with death, accusing me of belonging to al-Qaeda.” After the initial interrogation, he recalls: “They put us in an underground cell measuring approximately two meters by three meters. There were 10 of us in the cell. We spent three months in the cell. There was no room for us to sleep so we had to alternate.… It was too hot in the cell, despite the fact that outside the temperature was freezing (there was snow), because the cell was overcrowded.” He will recall being fed only once a day, tormented by ear-splittingly loud music, and will say that one of his fellow detainees “went insane.” According to his later statement, when Red Cross representatives come to visit, the most severely disturbed prisoners are secretly moved to another cell that is off limits. Al-Qadasi will be transferred to Guantanamo, and in 2004 will be remanded into Yemeni custody. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Wisam Ahmed, Andy Worthington, Walid al-Qadasi

Category Tags: Detainments, Extreme Temperatures, Insufficient Food, Mental Abuse, Poor Conditions, Sleep Deprivation, Guantanamo (US Base in Cuba)

Camp X-Ray. The prisoners are housed in cages pictured.Camp X-Ray. The prisoners are housed in cages pictured. [Source: PBS]The first prisoners who arrived at Guantanamo Bay (see January 11, 2002) are accommodated in a location known as “Camp X-Ray.” This camp consists of small cages, measuring eight-by-eight feet, with open-air, chain-link walls, a concrete floor and a roof made of wood and metal. [American Forces Press Service, 1/14/2003] Inside, detainees are provided with a mattress, a blanket, a sheet, two towels, a toothbrush, shampoo, soap, flip-flops, two buckets, and plastic water bottles. [Guardian, 12/3/2003] One of the buckets is for water to wash with; the other to urinate in. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] The cages have no plumbing and thus guards have to escort detainees to portable toilets. [American Forces Press Service, 1/14/2003] The cells at Camp X-Ray are described by released British prisoners as being without privacy and open to the elements as well as to “rats, snakes, and scorpions.” [Mirror, 3/12/2004] During the first weeks until about the middle of February, the prisoners, according to Asif Iqbal, are “not allowed any exercise at all.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] And later, Amnesty International confirms that prisoners are kept inside their cages “sometimes up to 24 hours a day with little exercise time out of their cells.” [Amnesty International, 10/27/2004] Only after some months, according to the Tipton Three, are prisoners allowed, “once a week, to walk in a small recreation yard for about 5 minutes.” [Mirror, 3/12/2004] Jamal Udeen recalls: “Recreation meant your legs were untied and you walked up and down a strip of gravel. In Camp X-Ray you only got five minutes.” [Mirror, 3/12/2004] At first, prisoners are allegedly allowed a shower—a cold two-minute one—only once a week, and never in solitary confinement. Later the number of showers is increased to three a week. [Mirror, 3/12/2004] Eating has to be done in 10 minutes and the amount of food is very little. [Guardian, 12/3/2003] Speaking to each other is strictly prohibited. [Guardian, 12/3/2003] Five days later, however, he will be allowed to speak to neighboring detainees. [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] But apparently worse than the accommodations is the uncertainty the prisoners are facing. “When we first got there, the level [of fear] was sky-high,” Asif Iqbal, Rhuhel Ahmed, and Shafiq Rasul, who were among the first to arrive, recall: “We were terrified we might be killed at any minute. The guards would say, ‘Nobody knows you’re here, all they know is that you’re missing and we could kill you and no one would know.’” [Guardian, 8/4/2004] The prison operations at Guantanamo are at first handled by two Joint Task Forces: JTF-160 and JTF-170. JTF-160, first under the command of Brig. Gen. Michael R. Lehnert, is responsible both for guarding the prisoners, and for dealing with migrants seeking asylum. JTF-170, under command of Major-General Michael E. Dunlavey, is tasked with handling interrogation operations for the Department of Defense and ensuring coordination among government agencies involved in the interrogation of the suspected terrorists. [American Forces Press Service, 1/14/2003] It consists of personnel from the DIA, the CIA, and the FBI. [Guardian, 10/16/2002] Sccording to later statements by several officers who served at Guantanamo, aggressive methods of interrogation are introduced in early 2002. Prisoners are derived of sleep, forced into “stress positions,” and put into extra cold, air-conditioned rooms. [New York Times, 5/13/2004]

Entity Tags: Asif Iqbal, Shafiq Rasul, Rhuhel Ahmed, Jamal Udeen, Michael E. Dunlavey, Michael R. Lehnert

Category Tags: Extreme Temperatures, Insufficient Food, Intimidation/Threats, Sleep Deprivation, Stress Positions, Guantanamo (US Base in Cuba), Asif Iqbal, Jamal Udeen, Rhuhel Ahmed, Shafiq Rasul

From mid-January on, according to Rhuhel Ahmed (see November 28, 2001), the situation at Kandahar begins to deteriorate. “They kept moving us around from tent to tent. This went on all day and night so it was impossible to settle down for the night. They also shone powerful lights into the tents which made things worse.” At some point in February, Ahmed is awakened during the night every hour on the hour. He also suffers from isolation. “There were no cages in the tents but you were separated from the person next to you by barbed wire. You were not allowed to communicate with anyone in the tent. I started to feel crazy from the isolation…. My conversations with the soldiers were the only real relief I had because it was human contact.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Rhuhel Ahmed

Timeline Tags: War in Afghanistan

Category Tags: Sleep Deprivation, Kandahar (Afghanistan), Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

Mohammed Omar Abdul-Rahman.Mohammed Omar Abdul-Rahman. [Source: Public domain]In 2007, NBC News will report that the CIA uses aggressive interrogation techniques on at least 13 high-ranking al-Qaeda detainees between 2002 and 2004. These techniques are first used on Abu Zubaida, captured in March 2002 (see March 28, 2002), and some of the techniques are discontinued in the wake of the Abu Ghraib scandal around the middle of 2004 (see April 28, 2004), which is also around the time the CIA’s Inspector General issues a secret report suggesting many of these techniques could be a violation of an international treaty against torture (see May 7, 2004). Euphemistically called “enhanced interrogation,” these techniques include:
bullet Sleep deprivation.
bullet Exposure to extreme heat and cold.
bullet Confined quarters.
bullet Psychological and physical abuse.
bullet The use of psychotropic drugs.
bullet Waterboarding. However, waterboarding is allegedly only used on about four of the detainees (see May 2002-2003).
All 13 of these detainees will later be transferred to Guantanamo prison to stand trial before a military tribunal there (see September 2-3, 2006). (Two others similarly transferred - Abu Faraj al-Libbi and Abd al-Hadi al-Iraqi - are captured after the Abu Ghraib scandal and thus are not subjected to as many interrogation techniques.) [MSNBC, 9/13/2007] However, there are other “ghost detainees” not officially acknowledged as captured by the US government (see June 7, 2007). Some, like Hassan Ghul, Abdul Rahim al-Sharqawi, and Mohammed Omar Abdul-Rahman, are held in the same secret prison as most of the “official” high-ranking detainees later transferred to Guantanamo, so it would seem likely that aggressive techniques have been used on many of them as well. In 2007, President Bush will sign an executive order allowing the CIA to use most of these aggressive techniques again (see July 2007).

28-year-old Afghan taxi driver Sayed Abassin is on his way from Kabul to Khost, when he is stopped at a checkpoint at Gardez. One of his passengers is identified as a wanted suspect, and all the occupants in the vehicle, Abassin included, are arrested. At the Gardez police station, Abassin is beaten before being turned over to the US military. After a brief interrogation, he is flown by helicopter to the Bagram base. When his father makes inquiries, he is only told that his son has been taken to Bagram. For the first week he is held in shackles and kept in a cell with 24-hour lighting, with the guards waking him up whenever he would fall asleep. He does not get enough to eat and is forced to stand or kneel for four hours a day. A year later he will say he still has problems with his knees. He is interrogated six or seven times. In total, he spends 40 days at Bagram. [Associated Press, 3/15/2003]

Entity Tags: Sayed Abassin

Category Tags: Detainments, Stress Positions, Sleep Deprivation, Poor Conditions, Insufficient Food, Bagram (Afghanistan), Other Detainees

In the days following the capture of al-Qaeda operative Abu Zubaida (see March 28, 2002), a group of top White House officials, the National Security Council’s Principals Committee, begins a series of meetings that result in the authorization of specific torture methods against Zubaida and other detainees. The top secret talks and meetings eventually approve such methods to be used by CIA agents against high-value terrorism suspects. The US media will not learn of this until six years later (see April 9, 2008). The Principals Committee meetings are chaired by National Security Adviser Condoleezza Rice, and attendees include Vice President Dick Cheney, CIA Director George Tenet, Secretary of Defense Donald Rumsfeld, Secretary of State Colin Powell, and Attorney General John Ashcroft. Tenet’s successor, Porter Goss, will also participate in the meetings. Sometimes deputies attend in place of their superiors. Rice’s group not only discusses and approves specific “harsh” methods of interrogation, but also approves the use of “combined” interrogation techniques on suspects who prove recalcitrant. The approved techniques include slapping and shoving prisoners, sleep deprivation, and waterboarding, or simulated drowning, a technique banned for decades by the US military. Some of the discussions of the interrogation sessions are so detailed that the Principals Committee virtually choreographs the sessions down to the number of times CIA agents can use specific tactics. [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] The Principals Committee also ensures that President Bush is not involved in the meetings, thereby granting him “deniability” over the decisions, though Bush will eventually admit to being aware of the decisions (see April 11, 2008). The Principals Committee, particularly Cheney, is described by a senior intelligence official as “deeply immersed” in the specifics of the decisions, often viewing demonstrations of how specific tactics work. [Associated Press, 4/10/2008]
Imminent Threat Calls for Extreme Measures - The move towards using harsh and likely illegal interrogation tactics begins shortly after the capture of Zubaida in late March 2002 (see Late March through Early June, 2002 and March 28, 2002). Zubaida is seen as a potentially critical source of information about potential attacks similar to 9/11. He is kept in a secret CIA prison where he recovers from the wounds suffered during his capture, and where he is repeatedly questioned. However, he is allegedly uncooperative with his inquisitors, and CIA officials want to use more physical and aggressive techniques to force him to talk (see March 28, 2002-Mid-2004 and April - June 2002). The CIA briefs the Principals Committee, chaired by Rice, and the committee signs off on the agency’s plan to use more extreme interrogation methods on Zubaida. After Zubaida is waterboarded (see April - June 2002), CIA officials tell the White House that he provided information leading to the capture of two other high-level al-Qaeda operatives, Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003) and Ramzi bin al-Shibh (see Late 2002 and May 2002-2003). The committee approves of waterboarding as well as a number of “combined” interrogation methods, basically a combination of harsh techniques to use against recalcitrant prisoners.
The 'Golden Shield' - The committee asks the Justice Department to determine whether using such methods would violate domestic or international laws. “No one at the agency wanted to operate under a notion of winks and nods and assumptions that everyone understood what was being talked about,” a second senior intelligence official will recall in 2008. “People wanted to be assured that everything that was conducted was understood and approved by the folks in the chain of command.” In August 2002, Justice Department lawyers in the Office of Legal Counsel will write a memo that gives formal legal authority to government interrogators to use harsh, abusive methods on detainees (see August 1, 2002). The memo is called the “Golden Shield” for CIA agents who worry that they could be held criminally liable if the harsh, perhaps tortuous interrogations ever become public knowledge. CIA veterans remember how everything from the Vietnam-era “Phoenix Program” of assassinations to the Iran-Contra arms sales of the 1980s were portrayed as actions of a “rogue,” “out-of-control” CIA; this time, they intend to ensure that the White House and not the agency is given ultimate responsibility for authorizing extreme techniques against terror suspects. Tenet demands White House approval for the use of the methods, even after the Justice Department issues its so-called “Golden Shield” memo explicitly authorizing government interrogators to torture suspected terrorists (see August 1, 2002). Press sources will reveal that Tenet, and later Goss, convey requests for specific techniques to be used against detainees to the committee (see Summer 2003). One high-ranking official will recall: “It kept coming up. CIA wanted us to sign off on each one every time. They’d say: ‘We’ve got so and so. This is the plan.’” The committee approves every request. One source will say of the discussions: “These discussions weren’t adding value. Once you make a policy decision to go beyond what you used to do and conclude it’s legal, [you should] just tell them to implement it.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008] In April 2008, law professor Jonathan Turley will say: “[H]ere you have the CIA, which is basically saying, ‘We’re not going to have a repeat of the 1970s, where you guys have us go exploding cigars and trying to take out leaders and then you say you didn’t know about it.’ So the CIA has learned a lot. So these meetings certainly cover them in that respect.” [MSNBC, 4/10/2008] A former senior intelligence official will say, “If you looked at the timing of the meetings and the memos you’d see a correlation.” Those who attended the dozens of meetings decided “there’d need to be a legal opinion on the legality of these tactics” before using them on detainees. [Associated Press, 4/10/2008]
Ashcroft Uneasy at White House Involvement - Ashcroft in particular is uncomfortable with the discussions of harsh interrogation methods that sometimes cross the line into torture, though his objections seem more focused on White House involvement than on any moral, ethical, or legal problems. After one meeting, Ashcroft reportedly asks: “Why are we talking about this in the White House? History will not judge this kindly.” However, others in the discussions, particularly Rice, continue to support the torture program. Even after Jack Goldsmith, the chief of the Justice Department’s Office of Legal Counsel (OLC), withdraws the “Golden Shield” memo and after Powell begins arguing that the torture program is harming the image of the US abroad, when CIA officials ask to continue using particular torture techniques, Rice responds: “This is your baby. Go do it.”
Reaction after Press Learns of Meetings - After the press learns of the meetings (see April 9, 2008), the only person involved who will comment will be Powell, who will say through an assistant that there were “hundreds of [Principals Committee] meetings” on a wide variety of topics and that he is “not at liberty to discuss private meetings.” [ABC News, 4/9/2008; Associated Press, 4/10/2008; ABC News, 4/11/2008]

Entity Tags: Office of Legal Counsel (DOJ), Porter J. Goss, US Department of Justice, Ramzi bin al-Shibh, Richard (“Dick”) Cheney, Principals Committee, Khalid Shaikh Mohammed, Jack Goldsmith, John Ashcroft, Bush administration (43), Al-Qaeda, Abu Zubaida, Central Intelligence Agency, Colin Powell, Condoleezza Rice, George W. Bush, George J. Tenet, Donald Rumsfeld, Jonathan Turley, National Security Council

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Impunity, Indications of Abuse, Legal Proceedings, Statements/Writings about Torture, Sleep Deprivation, Stress Positions, Waterboarding, Internal Memos/Reports

Captured al-Qaeda operative Abu Zubaida (see March 28, 2002), after recovering somewhat from three gunshot wounds inflicted during his capture, is transferred to a secret CIA prison in Thailand, presumably the revamped Vietnam War-era base in Udorn. [Weiner, 2007, pp. 297; Washington Post, 4/22/2009] In late 2006, after being transferred to Guantanamo, Zubaida will tell representatives of the International Committee of the Red Cross the story of his interrogation in Thailand (see October 6 - December 14, 2006). Zubaida becomes what CIA interrogator John Kiriakou will later call “a test case for an evolving new role… in which the agency was to act as jailer and interrogator of terrorism suspects” (see September 17, 2001).
New Tactics To Be Used - Officials from the military’s Survival, Evasion, Resistance, and Escape (SERE) program are involved in Zubaida’s interrogations. SERE officials have prepared a program of so-called “harsh interrogation methods,” many of which are classified as torture under the Geneva Conventions and the Convention Against Torture (see December 2001 and July 2002). A 2009 Senate report (see April 21, 2009) will find: “At some point in the first six months of 2002, JPRA [the Joint Personnel Recovery Agency] assisted with the preparation of a [redacted name], sent to interrogate a high-level al-Qaeda operative.” Further investigation will prove that the person whose name will be redacted is, indeed, Zubaida. According to a June 20, 2002 memo, the SERE officials’ participation in the Zubaida interrogation is “training.” JPRA psychologist Bruce Jessen, one of the authors of the JPRA torture methodology (see January 2002 and After), suggests that “exploitation strategies” be used against Zubaida. Jessen’s collaborator on the torture proposal, James Mitchell, is present for Zubaida’s torture; Mitchell plays a central role in the decision to use what the CIA calls an “increased pressure phase” against Zubaida. [Washington Post, 4/22/2009]
First Weeks Shackled and Sleep-Deprived - Zubaida will begin his narrative after his initial, and successful, interrogation by FBI agents (see Late March through Early June, 2002). He spends the first weeks of his captivity shackled to a chair, denied solid food, and kept awake. In Zubaida’s words: “I woke up, naked, strapped to a bed, in a very white room. The room measured approximately [13 feet by 13 feet]. The room had three solid walls, with the fourth wall consisting of metal bars separating it from a larger room. I am not sure how long I remained in the bed. After some time, I think it was several days, but can’t remember exactly, I was transferred to a chair where I was kept, shackled by [the] hands and feet for what I think was the next two to three weeks. During this time I developed blisters on the underside of my legs due to the constant sitting. I was only allowed to get up from the chair to go [to] the toilet, which consisted of a bucket. Water for cleaning myself was provided in a plastic bottle. I was given no solid food during the first two or three weeks, while sitting on the chair. I was only given Ensure [a nutrient supplement] and water to drink. At first the Ensure made me vomit, but this became less with time. The cell and room were air-conditioned and were very cold. Very loud, shouting type music was constantly playing. It kept repeating about every 15 minutes, 24 hours a day. Sometimes the music stopped and was replaced by a loud hissing or crackling noise. The guards were American, but wore masks to conceal their faces. My interrogators did not wear masks. During this first two to three week period I was questioned for about one to two hours each day. American interrogators would come to the room and speak to me through the bars of the cell. During the questioning the music was switched off, but was then put back on again afterwards. I could not sleep at all for the first two to three weeks. If I started to fall asleep one of the guards would come and spray water in my face.” In 2009, author Mark Danner will write: “One can translate these procedures into terms of art: ‘Change of Scenery Down.’ ‘Removal of Clothing.’ ‘Use of Stress Positions.’ ‘Dietary Manipulation.’ ‘Environmental Manipulation.’ ‘Sleep Adjustment.’ ‘Isolation.’ ‘Sleep Deprivation.’ ‘Use of Noise to Induce Stress.’ All these terms and many others can be found, for example, in documents associated with the debate about interrogation and ‘counter-resistance’ carried on by Pentagon and Justice Department officials beginning in 2002. Here, however, we find a different standard: the [proposed regulations say], for example, that ‘Sleep Deprivation’ is ‘not to exceed four days in succession,’ that ‘Dietary Manipulation’ should include ‘no intended deprivation of food or water,’ that ‘removal of clothing,” while ‘creating a feeling of helplessness and dependence,’ must be ‘monitored to ensure the environmental conditions are such that this technique does not injure the detainee.’ Here we are in a different place.”
CIA Team Moves In - The first weeks of Zubaida’s captivity are maintained by a small team of FBI agents and interrogators, but soon a team from the CIA’s Counterterrorism Center takes over. As Kiriakou will later recall: “We had these trained interrogators who were sent to his location to use the enhanced techniques as necessary to get him to open up, and to report some threat information.… These enhanced techniques included everything from what was called an attention shake, where you grab the person by their lapels and shake them, all the way up to the other end, which is waterboarding.” After the initial period of captivity, Zubaida is allowed to sleep with less interruption, stretched out naked and shackled on the bare floor. He is also given solid food for the first time in weeks—rice. A female doctor examines him and asks why he is still naked; he is, he will recall, “provided with orange clothes to wear.” The clothes only last a day, though: “[G]uards came into my cell,” Zubaida will recall. “They told me to stand up and raise my arms above my head. They then cut the clothes off of me so that I was again naked and put me back on the chair for several days. I tried to sleep on the chair, but was again kept awake by the guards spraying water in my face.”
Alternating Harsh and Lenient Treatments - For the next few weeks, Zubaida’s treatment veers from abusive to almost lenient. Mostly he is kept naked and confined to his cell, often suffering from intense cold in the frigid air-conditioned environment. One official later tells the ICRC that often he “seemed to turn blue.” Clothing is provided, then taken away. Zubaida will tell ICRC officials: “When my interrogators had the impression that I was cooperating and providing the information they required, the clothes were given back to me. When they felt I was being less cooperative the clothes were again removed and I was again put back on the chair.” For a time he is given a mattress to sleep on; sometimes he is “allowed some tissue paper to use when going to toilet on the bucket.” A month goes by with no interrogations. He will recall: “My cell was still very cold and the loud music no longer played but there was a constant loud hissing or crackling noise, which played 24 hours a day. I tried to block out the noise by putting tissue in my ears.” Then, “about two and half or three months after I arrived in this place, the interrogation began again, but with more intensity than before.” Danner will write that he isn’t sure if the wild swings in procedures are intentional, meant to keep Zubaida off-guard, or, as he will write, “resulted from disputes about strategy among the interrogators, who were relying on a hastily assembled ‘alternative set of procedures’ that had been improvised from various sources, including scientists and psychiatrists within the intelligence community, experts from other, ‘friendly’ governments, and consultants who had worked with the US military and now ‘reverse-engineered’ the resistance training taught to American elite forces to help them withstand interrogation after capture.” Danner notes that some CIA documents going back to the 1960s advocate subjecting the captive to sensory deprivation and disorientation, and instilling feelings of guilt, shame, and helplessness. The old CIA documents say that captives should be kept in a state of “debility-dependence-dread.” [New York Review of Books, 3/15/2009]
Justice Department's 'Ticking Bomb' Scenario - The August 2002 “golden shield” memo from the Justice Department (see August 1, 2002) will use what is often called the “ticking bomg scenario”—the supposition that a terror attack is imminent and only torture can extract time-critical information from a terrorist detainee to give US officials a chance to stop the attack—to justify Zubaida’s torture. According to CIA reports, Zubaida has information regarding “terrorist networks in the United States” and “plans to conduct attacks within the United States or against our interests overseas.” But Brent Mickum, who later becomes one of Zubaida’s attorneys, will say that he believes the Justice Department memo retroactively approved coercive tactics that had already been used. “If torture occurred before the memo was written, it’s not worth the paper it’s written on, and the writing of the memo is potentially criminal,” Mickum will note. [Washington Post, 4/22/2009]
Interrogations Continue in June - Sometime in June, Zubaida will once again be interrogated (see June 2002).

Binyam Mohamed, a young British Muslim detained by Pakistani authorities while attempting to fly to London (see September 2001 - April 9, 2002), remains in Pakistani custody for two weeks before he is interrogated by an American FBI agent calling himself “Chuck.”
Denied Lawyer - Mohamed asks for a lawyer and Chuck replies, according to Mohamed: “The law’s changed. There are no lawyers. Either you’re going to answer me the easy way or I get the information I need another way.” Like other American intelligence and law enforcement agents, Chuck wants information about possible radioactive bombs or weapons in the hands of Islamist militants. “Every interrogator would ask questions about it,” a former CIA officer will later say.
Spoof Website - Mohamed unwittingly sets off alarms when he mentions having seen a spoof website with instructions on how to build a nuclear device—the instructions say that one can refine bomb-grade uranium by whirling a bucket around one’s head. In 2009, Mohamed will recall: “I mentioned the website to Chuck. It was obviously a joke: it never crossed my mind that anyone would take it seriously. But that’s when he started getting all excited.” Chuck begins accusing Mohamed of being in league with Osama bin Laden to construct a nuclear weapon: “Towards the end of April he began telling me about this A-bomb I was supposed to be building, and he started on about Osama bin Laden and his top lieutenants, showing me pictures and making out I must have known them.”
Harsh Methods - “He started asking me about operations and what type I had been trained for,” Mohamed will add. It is during this time that Mohamed is subjected to harsh, abusive interrogation methods: “For at least 10 days I was deprived of sleep. Sometimes the Pakistanis chained me from the top of the gate to the cell by my wrists from the end of one interrogation to the start of the next for about 22 hours. If I shouted, sometimes I would be allowed to use a toilet. Other times, they wouldn’t let me go and I would p_ss myself. They had a thick wooden stick, like a kind of paddle, which they used to beat me while I was chained. They’d beat me for a few minutes, then stop, then start again. They also carried out a mock execution. A guard put a gun to my head and said he was going to pull the trigger. They were saying, ‘This is what the Americans want us to do.’” [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Chuck” (FBI agent), Federal Bureau of Investigation, Binyam Mohamed

Category Tags: Detainments, Intimidation/Threats, Physical Assault, Sleep Deprivation, Stress Positions, Binyam Mohamed

Around mid-April 2002, the CIA begins using aggressive interrogation techniques on al-Qaeda leader Abu Zubaida. A new CIA team led by psychologist James Elmer Mitchell arrives and takes control of Zubaida’s interrogation from the FBI (see Mid-April 2002). This team soon begins using techniques commonly described as torture, such as waterboarding (see April - June 2002, May 2002-2003 and Mid-May 2002 and After). Journalist James Risen will write in a 2006 book: “The assertions that the CIA’s tactics stopped short of torture were undercut by the fact that the FBI decided that the tactics were so severe that the bureau wanted no part of them, and FBI agents were ordered to stay away from the CIA-run interrogations. FBI agents did briefly see Abu Zubaida in custody, and at least one agent came away convinced that Zubaida was being tortured, according to an FBI source.” [Risen, 2006, pp. 32] Newsweek will similarly report in 2007 that Zubaida’s interrogation “sparked an internal battle within the US intelligence community after FBI agents angrily protested the aggressive methods that were used. In addition to waterboarding, Zubaida was subjected to sleep deprivation and bombarded with blaring rock music by the Red Hot Chili Peppers. One agent was so offended he threatened to arrest the CIA interrogators, according to two former government officials directly familiar with the dispute.” [Newsweek, 12/12/2007] The FBI completely withdraws its personnel, wanting to avoid legal entanglements with the dubious methods. The CIA then is able to use even more aggressive methods on Zubaida (see Mid-May 2002 and After). [New York Times, 9/10/2006] The CIA torture of Zubaida produces a raft of almost useless information (see Mid-April 2002 and June 2002). Zubaida, already mentally unstable (see Shortly After March 28, 2002), says yes to every question asked of him: if al-Qaeda is planning on bombing shopping malls, banks, supermarkets, nuclear plants, apartment buildings, and water systems. After each “confession,” the CIA cables Washington with the “intelligence,” and much of it is given to President Bush. White House officials will use Zubaida’s dubious admissions to issue many groundless terror warnings and alerts. [Savage, 2007, pp. 220]

Entity Tags: Abu Zubaida, Al-Qaeda, Central Intelligence Agency, Federal Bureau of Investigation

Timeline Tags: Complete 911 Timeline

Category Tags: Mental Abuse, Sleep Deprivation, Waterboarding, Destruction of CIA Tapes, US Base (Thailand), Abu Zubaida

In 2007, former CIA official John Kiriakou will claim to have details about the interrogation of al-Qaeda leader Abu Zubaida. Kiriakou was involved in the capture and early detention of Zubaida (see March 28, 2002), but claims he was transferred to another task before harsh interrogation techniques such as waterboarding were used on him (see Mid-May 2002 and After). [ABC News, 12/10/2007 pdf file] Kiriakou will claim that the activities of the interrogators were closely directly by superiors at CIA Headquarters back in the US. “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him.’ Or, ‘I’m going to shake him.’ Or, ‘I’m gonna make him stay up for 48 hours.’ Each one of these steps, even though they’re minor steps, like the intention shake, or the open-handed belly slap, each one of these had to have the approval of the deputy director for operations.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the [CIA] got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard. So it was extremely deliberate.” [ABC News, 12/10/2007] Kiriakou also will say, “This isn’t something done willy-nilly. This isn’t something where an agency officer just wakes up in the morning and decides he’s going to carry out an enhanced technique on a prisoner. This was a policy made at the White House, with concurrence from the National Security Council and the Justice Department” (see Mid-March 2002). [London Times, 12/12/2007] In 2005, ABC News reported, “When properly used, the [CIA interrogation] techniques appear to be closely monitored and are signed off on in writing on a case-by-case, technique-by-technique basis, according to highly placed current and former intelligence officers involved in the program.” [ABC News, 11/18/2005] CIA Director George Tenet will similarly claim in a 2007 book that the interrogation of high-ranking prisoners like Zubaida “was conducted in a precisely monitored, measured way…” He will also say that “CIA officers came up with a series of interrogation techniques that would be carefully monitored at all times to ensure the safety of the prisoner. The [Bush] administration and the Department of Justice were fully briefed and approved the use of these tactics.” [Tenet, 2007, pp. 242] Zubaida’s interrogations are videotaped at the time (see Spring-Late 2002), and CIA Director Michael Hayden will later claim this was done “meant chiefly as an additional, internal check on the [interrogation] program in its early stages.” [Central Intelligence Agency, 12/6/2007] The videotapes will later be destroyed under controversial circumstances (see November 2005).

Entity Tags: John Kiriakou, National Security Council, Central Intelligence Agency, US Department of Justice, George J. Tenet, White House

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Physical Assault, Sleep Deprivation, Destruction of CIA Tapes, Abu Zubaida

Accused al-Qaeda operative Abu Zubaida, having been tortured for months in a secret CIA prison in Thailand (see April - June 2002), has had a respite from the intensive interrogations he was initially subjected to. Now, though, the interrogations begin again, being what Zubaida will later recall as “more intens[e] than before.”
Intensified Interrogations - Zubaida will later tell officials of the International Committee of the Red Cross (ICRC): “Two black wooden boxes were brought into the room outside my cell. One was tall, slightly higher than me and narrow. Measuring perhaps in area [3 1/2 by 2 1/2 feet by 6 1/2 feet high]. The other was shorter, perhaps only [3 1/2 feet] in height. I was taken out of my cell and one of the interrogators wrapped a towel around my neck, they then used it to swing me around and smash me repeatedly against the hard walls of the room. I was also repeatedly slapped in the face.… I was then put into the tall black box for what I think was about one and a half to two hours. The box was totally black on the inside as well as the outside.… They put a cloth or cover over the outside of the box to cut out the light and restrict my air supply. It was difficult to breathe. When I was let out of the box I saw that one of the walls of the room had been covered with plywood sheeting. From now on it was against this wall that I was then smashed with the towel around my neck. I think that the plywood was put there to provide some absorption of the impact of my body. The interrogators realized that smashing me against the hard wall would probably quickly result in physical injury.”
In the Box - Zubaida will give detailed recollections of his time in the box: “After the beating I was then placed in the small box. They placed a cloth or cover over the box to cut out all light and restrict my air supply. As it was not high enough even to sit upright, I had to crouch down. It was very difficult because of my wounds. The stress on my legs held in this position meant my wounds both in the leg and stomach became very painful. I think this occurred about three months after my last operation. It was always cold in the room, but when the cover was placed over the box it made it hot and sweaty inside. The wound on my leg began to open and started to bleed. I don’t know how long I remained in the small box, I think I may have slept or maybe fainted. I was then dragged from the small box, unable to walk properly and put on what looked like a hospital bed, and strapped down very tightly with belts. A black cloth was then placed over my face and the interrogators used a mineral water bottle to pour water on the cloth so that I could not breathe. After a few minutes the cloth was removed and the bed was rotated into an upright position. The pressure of the straps on my wounds was very painful. I vomited. The bed was then again lowered to horizontal position and the same torture carried out again with the black cloth over my face and water poured on from a bottle. On this occasion my head was in a more backward, downwards position and the water was poured on for a longer time. I struggled against the straps, trying to breathe, but it was hopeless. I thought I was going to die. I lost control of my urine. Since then I still lose control of my urine when under stress. I was then placed again in the tall box. While I was inside the box loud music was played again and somebody kept banging repeatedly on the box from the outside. I tried to sit down on the floor, but because of the small space the bucket with urine tipped over and spilt over me.… I was then taken out and again a towel was wrapped around my neck and I was smashed into the wall with the plywood covering and repeatedly slapped in the face by the same two interrogators as before. I was then made to sit on the floor with a black hood over my head until the next session of torture began. The room was always kept very cold. This went on for approximately one week. During this time the whole procedure was repeated five times. On each occasion, apart from one, I was suffocated once or twice and was put in the vertical position on the bed in between. On one occasion the suffocation was repeated three times. I vomited each time I was put in the vertical position between the suffocation. During that week I was not given any solid food. I was only given Ensure to drink. My head and beard were shaved everyday. I collapsed and lost consciousness on several occasions. Eventually the torture was stopped by the intervention of the doctor. I was told during this period that I was one of the first to receive these interrogation techniques, so no rules applied. It felt like they were experimenting and trying out techniques to be used later on other people.” Author Mark Danner will note that, according to the ICRC report, Zubaida’s impression of being a “guinea pig” is accurate. Some of the techniques used on him will not be reported again—the weeks of sitting in shackles, the coffin-sized boxes. Other techniques, such as the waterboarding, the permanent shackling, the “cold cell,” the incessant loud music and noise, will be used frequently on later captives, as will the constant light and the repeated beatings and physical abuse.
Everything Authorized by Senior CIA, White House Officials - Danner will remind readers that the CIA interrogators never acted alone or with any degree of independence. Everything that is done and said to Zubaida is monitored by other officials on-site—guards, interrogators, doctors—and by senior CIA officials in Washington. CIA interrogator John Kiriakou will later tell a reporter: “It wasn’t up to individual interrogators to decide, ‘Well, I’m gonna slap him. Or I’m going to shake him. Or I’m gonna make him stay up for 48 hours.’ Each one of these steps… had to have the approval of the deputy director for operations. So before you laid a hand on him, you had to send in the cable saying, ‘He’s uncooperative. Request permission to do X.’ And that permission would come.… The cable traffic back and forth was extremely specific. And the bottom line was these were very unusual authorities that the agency got after 9/11. No one wanted to mess them up. No one wanted to get in trouble by going overboard.… No one wanted to be the guy who accidentally did lasting damage to a prisoner.” Danner also notes that shortly after Zubaida’s capture, the CIA briefed top White House officials, including Vice President Dick Cheney, National Security Adviser Condoleezza Rice, and Attorney General John Ashcroft, who, ABC News will later report, “then signed off on the [interrogation] plan” (see April 2002 and After and July 2002). During this time the White House is working with Justice Department officials to produce the so-called “golden shield” memo (see August 1, 2002) that will, supposedly, protect the White House and CIA from criminal charges. Even after the memo’s adoption, CIA Director George Tenet continues to tell top White House officials about the specific procedures being used on Zubaida and other prisoners, including techniques such as waterboarding, to ensure that the White House considered them legal. As ABC will later report, the briefings of principals were so detailed and frequent that “some of the interrogation sessions were almost choreographed.” [New York Review of Books, 3/15/2009]

Entity Tags: John Kiriakou, Abu Zubaida, Al-Qaeda, Central Intelligence Agency, International Committee of the Red Cross, Richard (“Dick”) Cheney, Mark Danner

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Statements/Writings about Torture, Rendition after 9/11, Extraordinary Rendition, Dangerous Conditions, Extreme Temperatures, Intimidation/Threats, Isolation, Physical Assault, Sleep Deprivation, Stress Positions, Waterboarding, US Base (Thailand), Abu Zubaida

On May 25, 2002, a Palestinian named Hussein Abdelkadr Youssouf Mustafa is arrested in Pakistan and spends ten days in the Khaibar prison. On June 4, he is flown to Bagram together with 34 other Arab prisoners. They are stripped naked and subjected to stress positions, sleep deprivation, beatings, and humiliation. “They made me stand on one leg in the sun,” he later recalls. “They wouldn’t let me sleep for more than two hours. We had only a barrel for a toilet and had to use it in front of everyone.” [Independent, 1/8/2005] He hears other detainees screaming, who he believes are being beaten. [Mother Jones, 3/2005] The same happens to him. “I was beaten severely,” he claims. He is also doused with cold water and subjected to cold air. “[W]ater was thrown on me before facing an air conditioner,” he will say. [Independent, 1/8/2005] On one occasion, he later recounts to British journalist Robert Fisk, “an American soldier took me blindfolded. My hands were tightly cuffed, with my ears plugged so I could not hear properly, and my mouth covered so I could only make a muffled scream. Two soldiers, one on each side, forced me to bend down, and a third pressed my face down over a table. A fourth soldier then pulled down my trousers. They rammed a stick up my rectum.” [Mother Jones, 3/2005] Nevertheless, he says, “My torture was even less than what they did to others.” [Independent, 1/8/2005]

Entity Tags: Hussein Abdelkadr Youssouf Mustafa

Category Tags: Detainments, Extreme Temperatures, Physical Assault, Sexual Humiliation, Sleep Deprivation, Stress Positions, Bagram (Afghanistan), Other Detainees

Omar al-Faruq.Omar al-Faruq. [Source: Getty Images]On June 5, 2002, Omar al-Faruq, a top al-Qaeda senior operative in Southeast Asia, is captured in the town of Bogor, Indonesia, by Indonesian agents after receiving a tip from the CIA. Curiously, later in the year, A.C. Manulang, the recently retired head of the Indonesian intelligence agency, will suggest that al-Faruq was actually a CIA mole assigned to infiltrate Islamic radical groups. Manulang will claim that the bombings that took place in Indonesia were actually the work of anti-Islamic intelligence agencies. [Tempo, 9/19/2002] In any case, al-Faruq is flown to the CIA interrogation center at Bagram Air Base in Afghanistan where is subjected to months of intense interrogations. “It is likely, experts say, that… al-Faruq [was] left naked most of the time, his hands and feet bound. [He] may also have been hooked up to sensors, then asked questions to which interrogators knew the answers, so they could gauge his truthfulness,” the New York Times will later report. One Western intelligence official will tell the newspaper that al-Faruq’s interrogation was “not quite torture, but about as close as you can get.” For three months he is provided with very little food, subjected to sleep and light deprivation, prolonged isolation and temperatures ranging from 100 degrees to 10 degrees. On September 9, 2002, he reportedly breaks down and begins freely confessing all he knows (see September-October 2002). He provides information about “plans to drive explosives-laden trucks into American diplomatic centers [and] detailed information about people involved in those operations and other plots, writing out lengthy descriptions.” [New York Times, 3/9/2003]

Entity Tags: Omar al-Faruq

Timeline Tags: Complete 911 Timeline

Category Tags: Extreme Temperatures, Insufficient Food, Isolation, Sleep Deprivation, Bagram (Afghanistan), Other Detainees

Terror suspect Binyam Mohamed (see May-September, 2001) is flown from Pakistan to Morocco as part of a joint British-American attempt to force him to divulge information about possible nuclear devices owned by Islamist militants (see May 17 - July 21, 2002). He is flown—trussed, gagged, blindfolded, and diapered (see October 4, 2001)—to Rabat, Morocco, a flight later confirmed by the CIA’s own flight logs. He remains in Moroccan custody for 15 months.
Beaten, Slashed with Scalpels - As he will later recall, he is introduced to Moroccan detention practices by an interrogator named Marwan, who gives him thorough and repeated beatings. When Mohamed has been softened up: “[T]hey cut off my clothes with some kind of doctor’s scalpel. I was totally naked.… They took the scalpel to my right chest. It was only a small cut. Maybe an inch. Then they cut my left chest. One of them took my penis in his hand and began to make cuts. He did it once, and they stood still for maybe a minute, watching my reaction. I was in agony, crying, trying desperately to suppress myself, but I was screaming. I remember Marwan seemed to smoke half a cigarette, throw it down, and start another. They must have done this 20 to 30 times in maybe two hours. There was blood all over. They cut all over my private parts. One of them said it would be better just to cut it off, as I would only breed terrorists.” This happens time and again over the next 15 months.
British Complicity in CIA, Moroccan Interrogations - Documents disclosed for Mohamed’s later lawsuit against the US (see February 4, 2009) show that British MI5 agents are aware of the entirety of Mohamed’s treatment, and are in collusion with the Moroccans and the US in Mohamed’s treatment; on September 30, MI5 and CIA officials hold a conference where Mohamed’s treatment and interrogation are discussed. During much of Mohamed’s detention in Morocco, MI5 passes questions and photographs to the CIA for use in Mohamed’s interrogations (see February 24, 2009). Mohamed will later recall: “They started bringing British files to the interrogations—thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people torturing me, I felt completely naked. It was when they started asking the questions supplied by the British that my situation worsened. They sold me out.”
Elaborate Confessions - By this time, as Mohamed will recall, he is willing to confess to anything to make the torture stop. “They had fed me enough through their questions for me to make up what they wanted to hear,” he will recall. “I confessed to it all. There was the plot to build a dirty nuclear bomb, and another to blow up apartments in New York with their gas pipes.” The “gas pipe” plot connects Mohamed to 9/11 plotter Khalid Shaikh Mohammed, who supposedly conceived of the idea. “I said Khalid Shaikh Mohammed had given me a false passport after I was stopped the first time in Karachi and that I had met Osama bin Laden 30 times,” Mohamed will recall. “None of it was true. The British could have stopped the torture because they knew I had tried to use the same passport at Karachi both times (see September 2001 - April 9, 2002). That should have told them that what I was saying under torture wasn’t true. But so far as I know, they did nothing.”
'Rendered' to Afghanistan - Fifteen months after being “rendered” to Morocco, Mohamed is “rendered” to Afghanistan by the CIA (see January-September 2004). [Daily Mail, 3/8/2009]

Entity Tags: Central Intelligence Agency, “Marwan” (Moroccan interrogator), Binyam Mohamed, UK Security Service (MI5)

Category Tags: Detainments, Rendition after 9/11, Abrogation of Rights, Dangerous Conditions, Forced Confessions, Intimidation/Threats, Physical Assault, Sexual Humiliation, Sleep Deprivation, Stress Positions, Binyam Mohamed

Jay Bybee, the head of the Justice Department’s Office of Legal Counsel (OLC), writes a secret memo to John Rizzo, the acting general counsel of the CIA. The memo is entitled: “Memorandum for John Rizzo, Acting General Counsel of the Central Intelligence Agency: Interrogation of al-Qaeda Operative.” It will be released seven years later, after prolonged litigation by the American Civil Liberties Union (ACLU—see April 16, 2009). It parallels another secret memo written by OLC lawyer John Yoo for White House counsel Alberto Gonzales (see August 1, 2002). The memo, written at the request of CIA officials, finds that the use of the interrogation techniques proposed for use on captured Islamist extremist Abu Zubaida are consistent with federal law (see Mid-May, 2002 and July 17, 2002). The OLC has determined that the only federal law governing the interrogation of a non-citizen detained outside the US is the federal anti-torture statute, Section 2340A of Title 18 of the US Code. Bybee’s memo goes into detail about 10 torture techniques, and explains why they are all legal to use on Abu Zubaida (see March 28, 2002), currently being held in a secret CIA “black site” in Thailand (see April - June 2002). Bybee writes that Zubaida will enter a new, “increased pressure phase” of interrogation, and will be dealt with by a “Survival, Evasion, Resistance, and Escape (‘SERE’) training psychologist, who has been involved with the interrogations since they began.” [Office of Legal Counsel, 8/1/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]
Lack of Intent Equates Legality - As long as there is no intent to cause “severe pain or suffering,” Bybee writes, none of these techniques violate US law. “To violate the statute, an individual must have the specific intent to inflict severe pain or suffering,” Bybee writes. “Because specific intent is an element of the offense, the absence of specific intent negates the charge of torture.… We have further found that if a defendant acts with the good faith belief that his actions will not cause such suffering, he has not acted with specific intent.” [Office of Legal Counsel, 8/1/2002 pdf file; CNN, 4/17/2009]
Ten Techniques of Authorized Torture - Bybee explains the 10 techniques that can be used on Zubaida:
bullet Attention grasp: “The attention grasp consists of grasping the individual with both hands, one hand on each side of the collar opening, in a controlled and quick motion. In the same motion as the grasp, the individual is drawn toward the interrogator.”
bullet Walling: “For walling, a flexible false wall will be constructed. The individual is placed with his heels touching the wall. The interrogator pulls the individual forward and then quickly and firmly pushes the individual into the wall. It is the individual’s shoulder blades that hit the wall. During this motion, the head and neck are supported with a rolled hood or towel that provides a c-collar effect to help prevent whiplash. To further reduce the probability of injury, the individual is allowed to rebound from the flexible wall. You have orally informed us that the false wall is in part constructed to create a loud sound when the individual hits it, which will further shock or surprise in the individual. In part, the idea is to create a sound that will make the impact seem far worse than it is and that will be far worse than any injury that might result from the action.”
bullet Facial hold: “The facial hold is used to hold the head immobile. One open palm is placed on either side of the individual’s face. The fingertips are kept well away from the individual’s eyes.”
bullet Facial slap (insult slap): “With the facial slap or insult slap, the interrogator slaps the individual’s face with fingers slightly spread. The hand makes contact with the area directly between the tip of the individual’s chin and the bottom of the corresponding earlobe. The interrogator invades the individual’s personal space. The goal of the facial slap is not to inflict physical pain that is severe or lasting. Instead, the purpose of the facial slap is to induce shock, surprise, and/or humiliation.”
bullet Cramped confinement: “Cramped confmement involves the placement of the individual in a confined space, the dimensions of which restrict the individual’s movement. The confined space is usually dark. The duration of confinement varies based upon the size of the container. For the larger confined space, the individual can stand up or sit down; the smaller space is large enough for the subject to sit down. Confinement in the larger space can last up to 18 hours; for the smaller space, confinement lasts for no more than two hours.”
bullet Wall standing: “Wall standing is used to induce muscle fatigue. The individual stands about four to five feet from a wall with his feet spread approximately to shoulder width. His arms are stretched out in front of him, with his fingers resting on the wall. His fingers support all of his body weight. The individual is not permitted to move or reposition his hands or feet.”
bullet Stress positions: “A variety of stress positions may be used. You have informed us that these positions are not designed to produce the pain associated with contortions or twisting of the body. Rather, somewhat like walling, they are designed to produce the physical discomfort associated with muscle fatigue. Two particular stress positions are likely to be used on [Zubaida]: (1) sitting on the floor with legs extended straight out in front of him with his arms raised above his head; and (2) kneeling on the floor while leaning back at a 45 degree angle. You have also orally informed us that through observing Zubaydah in captivity, you have noted that he appears to be quite flexible despite his wound.”
bullet Sleep deprivation: “You have indicated that your purpose in using this technique is to reduce the individual’s ability to think on his feet and, through the discomfort associated with lack of sleep, to motivate him to cooperate. The effect of such sleep deprivation will generally remit after one or two nights of uninterrupted sleep. You have informed us that your research has revealed that, in rare instances, some individuals who are already predisposed to psychological problems may experience abnormal reactions to sleep deprivation. Even in those cases, however, reactions abate after the individual is permitted to sleep. Moreover, personnel with medical training are available to and will intervene in the unlikely event of an abnormal reaction. You have orally informed us that you would not deprive [Zubaida] of sleep for more than 11 days at a time and that you have previously kept him awake for 72 hours, from which no mental or physical harm resulted.”
bullet Insect confinement: “You would like to place [Zubaida] in a cramped confinement box with an insect. You have informed us he has a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a caterpillar in the box. [REDACTED]”
bullet Waterboarding: “Finally, you would like to use a technique called the “water-board.” In this procedure, the individual is bound securely on an inclined bench, which is approximately four feet by seven feet. The individual’s feet are generally elevated. A cloth is placed over the forehead and eyes. Water is then applied to the cloth in a controlled manner. As this is done, the cloth is lowered until it covers both the nose and mouth. Once the cloth is saturated and completely covers the mouth and nose, air now is slightly restricted for 20 to 40 seconds due to the presence of the cloth. This causes an increase in carbon dioxide level in the individual’s blood. This increase in the carbon dioxide level stimulates increased effort to breathe. This effort plus the cloth produces the perception of ‘suffocation and incipient panic,’ i.e.,the perception of drowning. The individual does not breathe any water into his lungs. During those 20 to 40 seconds, water is continuously applied from a beight of 12 to 24 inches. After this period, the cloth is lifted, and the individual is allowed to breathe unimpeded for three or four full breaths. The sensation of drowning is immediately relieved by the removal of the cloth. The procedure may then be repeated. The water is usually applied from a canteen cup or small watering can with a spout. You have orally informed us that this procedure triggers an automatic physiological sensation of drowning that the individual cannot control even though he may be aware that he is in fact not drowning. You have also orally infomed us that it is likely that this procedure would not last more than 20 minutes in any one application.… You have informed us that this procedure does not inflict actual physical harm.… The waterboard, which inflicts no pain or actual harm whatsoever, does not, in our view, inflict ‘severe pain and suffering.’”
Techniques Can Be Used in Conjunction with One Another - Bybee writes: “You have informed us that the use of these techniques would be on an as-needed basis and that not all of these techniques will necessarily be used. The interrogation team would use these techniques in some combination to convince [Zubaida] that the only way he can influence his surrounding environment is through cooperation. You have, however, informed us that you expect these techniques to be used in some sort of escalating fashion, culminating with the waterboard, though not necessarily ending with this technique. Moreover, you have also orally informed us that although some of these teclmiques may be used with more than once, that repetition wllI not be substantial because the techniques generally lose their effectiveness after several repetitions.” [Office of Legal Counsel, 8/1/2002 pdf file; American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]
Factual Background for Analysis - The opinion also gives the factual background for the legal analysis, including CIA research findings on the proposed techniques and their possible effect on Zubaida’s mental health. Much of those findings uses as a touchstone the results gleaned from the military’s SERE training, which uses stressful interrogation techniques, including a form of waterboarding, against US soldiers as part of their counterterrorism training. As the Senate Intelligence Committee will later write, Bybee’s “opinion discussed inquiries and statistics relating to possible adverse psychological reactions to SERE training.” The law clearly prohibits an interrogation method “specifically intended” to inflict “severe physical or mental pain or suffering.”
No Technique Constitutes Torture, Bybee Concludes - Bybee’s opinion considers whether each of the proposed interrogation techniques, individually or in combination, might inflict “severe physical pain or suffering” or “severe mental pain or suffering” on Zubaida or other detainees. The opinion also considers whether interrogators using the technique would have the mental state necessary to violate the statute. Bybee concludes that none of the techniques used individually would inflict “severe physical pain or suffering.” Waterboarding would not inflict such harm, Bybee writes, because it inflicts neither physical damage or physical pain. Nor would it inflict extensive “physical suffering,” because the “suffering” would not extend for the period of time required by the legal definition of the term. None of the techniques, including waterboarding, would inflict “severe mental pain or suffering” as defined in the federal statute, Bybee writes. He bases this conclusion on reports from SERE training, where US soldiers are subjected to brief, strictly supervised sessions of waterboarding as part of their anti-torture training. And, Bybee writes, since the techniques individually do not constitute physical suffering, neither will they constitute such suffering in conbination, because they will not be combined in such a way as to reach that threshold. Bybee writes that the OLC lacks the information necessary to conclude whether combinations of those techniques would inflict severe mental suffering; however, because no evidence exists to suggest that a combination of the techniques would inflict an excessive level of mental harm, using the techniques in combination is not precluded. Bybee also concludes that any interrogator using these techniques would not have a specific intent to inflict severe mental or physical pain or suffering, because the circumstances surrounding the use of the techniques would preclude such intent. Therefore, Bybee concludes, none of these techniques violate the federal anti-torture statute. [American Civil Liberties Union [PDF], 1/28/2009 pdf file; Senate Intelligence Committee, 4/22/2009 pdf file]

According to his own later statement (see July 1, 2009), Saudi detainee Ahmed Muhammad al-Darbi is tortured at Bagram Air Force Base by US forces. During the approximately eight months he is held at Bagram, al-Darbi is allegedly subjected to:
bullet Isolation during the first two weeks, when he does not even know he is in Afghanistan;
bullet Stress positions. He will say: “While I was questioned, I was kept for many hours in painful positions. For example, I would be forced to kneel with my hands cuffed above my head”;
bullet Sleep deprivation—because he is forced to maintain the stress positions overnight, he cannot sleep;
bullet Hooding, including during the interrogations. He will say: “The hood they used had a sort of rope or drawstring that they would pull tight around my neck. The darkness, combined with little sleep, would leave me disoriented”;
bullet High temperatures;
bullet Bright lights in a cell where he is kept;
bullet Loud music;
bullet Denial of time to pray;
bullet Insufficient food, which was “inedible”;
bullet Photos are taken that humiliate him. His hood is taken off on these occasions and there are “several US agents, male and female, standing around”;
bullet Beatings;
bullet US officials allegedly spray water on his face and then blow a powder he will later say may have been pepper onto him. The water absorbs the powder, which burns his skin and makes his nose run;
bullet Hairs are ripped from his chest and head by US personnel; and
bullet US officials threaten to send him to Israeli, Egyptian, or Afghan jails for torture and rape.
Al-Darbi will also say that a US solider named Damien Corsetti is often present during the interrogations. Corsetti, a “big, heavy man,” sometimes steps on al-Darbi’s handcuffs while he is lying on the floor with his arms above his head, causing them to tighten around his wrists. On one occasion, Corsetti kneels on his chest, pressing down with all his weight until he stops breathing and another guard pulls Corsetti off.
False Statements - Al-Darbi makes a number of statements incriminating himself at Bagram, but will later say that they are false, adding: “The military guards and interrogators would show me pictures of people, and told me I must identify them and confess things about them. After they tortured me, I would say what they wanted me to say. I was fed detailed statements and names of individuals to whom I was to attribute certain activities.” The military personnel then say he has to repeat these statements to other interrogators, from the FBI, and they will continue to abuse him if he does not do so. Al-Darbi repeats the statements to three FBI agents, two of whom he knows as “Tom” and “Jerry,” but does not sign a written statement.
'Hard Labor' - Al-Darbi is also forced to perform what he will call “degrading, hard labor” at Bagram. This consists of replacing the full port-a-potty buckets with empty buckets, sweeping the floor, and, on one occasion, scrubbing the entire floor with a toothbrush. In addition, he is forced to carry boxes filled with water bottles while his hands are cuffed together, which allegedly causes him sciatic and back pain for several years.
Witnessing the Abuse of Dilawar - Al-Darbi will also say that he witnesses the abuse of an Afghan prisoner called Dilawar (see December 5-9, 2002), who is shackled up in a cage near where he is held. [al-Darbi, 7/1/2009]

Entity Tags: Ahmed Muhammad al-Darbi, Damien Cosetti

Category Tags: Indications of Abuse, Extreme Temperatures, Forced Confessions, Insufficient Food, Intimidation/Threats, Isolation, Physical Assault, Sexual Humiliation, Sleep Deprivation, Stress Positions, Suppression of Religious Expression, Bagram (Afghanistan), Other Detainees

The interrogation and abuse of suspect Mohamed al-Khatani (sometimes spelled “al-Qahtani”—see February 11, 2008) at Guantanamo Bay begins. He is alleged to have tried to enter the US to participate in the 9/11 plot as the twentieth hijacker. He is classified as “Detainee 063.” He is subjected to 160 days of isolation in a pen flooded 24 hours a day with bright artificial light, that treatment starting well before harsher interrogation tactics begin six weeks later (see November 23, 2002). The tactics include:
bullet He is interrogated for 48 of 54 days, for 18 to 20 hours at a stretch.
bullet He is stripped naked and straddled by taunting female guards, in an exercise called “invasion of space by a female.”
bullet He is forced to wear women’s underwear on his head and to put on a bra.
bullet He is threatened by dogs, placed on a leash, and told that his mother was a whore.
bullet He is stripped naked, shaved, and forced to bark like a dog.
bullet He is forced to listen to American pop music at ear-splitting volume. He is subjected to a phony kidnapping (see Mid-2003).
bullet He is forced to live in a cell deprived of heat
bullet He is given large quantities of intravenous liquids and denied access to a toilet
bullet He is deprived of sleep for days on end.
bullet He is forcibly given enemas, and is hospitalized multiple time for hypothermia.
Impact - Towards the end of the extended interrogation session, Al-Khatani’s heart rate drops so precipitously (to 35 beats a minute) that he is placed under cardiac monitoring. Interrogators meticulously note his reactions to his treatment, and make the following notes at various times: “Detainee began to cry. Visibly shaken. Very emotional. Detainee cried. Disturbed. Detainee began to cry. Detainee bit the IV tube completely in two. Started moaning. Uncomfortable. Moaning. Began crying hard spontaneously. Crying and praying. Very agitated. Yelled. Agitated and violent. Detainee spat. Detainee proclaimed his innocence. Whining. Dizzy. Forgetting things. Angry. Upset. Yelled for Allah. Urinated on himself. Began to cry. Asked God for forgiveness. Cried. Cried. Became violent. Began to cry. Broke down and cried. Began to pray and openly cried. Cried out to Allah several times. Trembled uncontrollably.” In November 2002, an FBI agent describes al-Khatani’s condition, writing that he “was talking to non-existent people, reporting hearing voices, [and] crouching in a corner of the cell covered with a sheet for hours on end.” Al-Khatani confesses to an array of terrorist activities and then recants them; he begs his interrogators to be allowed to commit suicide. The last days of al-Khatani’s interrogation session is particularly intense, since interrogators know that their authorization to use harsh techniques may be rescinded at any time. They get no useful information from him. By the end of the last interrogation, an Army investigator observes that al-Khatani has “black coals for eyes.” [New Yorker, 2/27/2006; Vanity Fair, 5/2008]
Reaching the Threshold - In the summer of 2007, Dr. Abigail Seltzer, a psychiatrist who specializes in trauma victims, reviews the logs of al-Khatani’s interrogations. Seltzer notes that while torture is not a medical concept: “[O]ver the period of 54 days there is enough evidence of distress to indicate that it would be very surprising indeed if it had not reached the threshold of severe mental pain…. If you put 12 clinicians in a room and asked them about this interrogation log, you might get different views about the effect and long-term consequences of these interrogation techniques. But I doubt that any one of them would claim that this individual had not suffered severe mental distress at the time of his interrogation, and possibly also severe physical distress.” Everything that is done to al-Khatani is part of the repertoire of interrogation techniques approved by Secretary of Defense Donald Rumsfeld (see December 2, 2002).
Fundamental Violation of Human Rights - In 2008, law professor Phillippe Sands will write: “Whatever he may have done, Mohammed al-Khatani was entitled to the protections afforded by international law, including Geneva and the torture convention. His interrogation violated those conventions. There can be no doubt that he was treated cruelly and degraded, that the standards of Common Article 3 were violated, and that his treatment amounts to a war crime. If he suffered the degree of severe mental distress prohibited by the torture convention, then his treatment crosses the line into outright torture. These acts resulted from a policy decision made right at the top, not simply from ground-level requests in Guantanamo, and they were supported by legal advice from the president’s own circle.” [Vanity Fair, 5/2008]

Entity Tags: Geneva Conventions, Mohamed al-Khatani, Donald Rumsfeld, Abigail Seltzer, Phillippe Sands

Category Tags: Detainments, High-level Decisions and Actions, Indications of Abuse, Dangerous Conditions, Extreme Temperatures, Forced Confessions, Isolation, Medical Services Denied, Mental Abuse, Physical Assault, Poor Conditions, Sexual Humiliation, Sleep Deprivation, Stress Positions, Suppression of Religious Expression, Guantanamo (US Base in Cuba), Mohamed al-Khatani

In Asadabad, Afghanistan, US troops arrest Haji Rohullah Wakil, a local leader, together with 11 of his associates. They are flown by helicopter to Bagram air base. [New York Times, 8/28/2002] One of Wakil’s associates, Abdul Qayyum, will later tell the Associated Press of his experience at Bagram. Qayyum stays at the base for two months and five days, during which time he says he is systematically deprived of sleep, forced to stand for long periods of time and humiliated by female US soldiers. All the time, he is forbidden to talk to his fellow detainees. He is held in a large hall with about 100 other prisoners divided by wire mesh into several cages or cells, each containing 10 people. The lights are always on, washing is allowed for only five minutes a week, and a bucket is provided for use as a toilet. When a military spokesperson is later asked to comment on Rahman’s account, the spokesperson says it sounds only partially true (see January 22, 2002). [Associated Press, 3/14/2003]

Entity Tags: Haji Rohullah Wakil, Abdul Qayyum

Timeline Tags: War in Afghanistan

Category Tags: Bagram (Afghanistan), Sleep Deprivation, Poor Conditions, Stress Positions, Other Detainees

The CIA approves four standard interrogation techniques for use against detainees. The techniques are:
bullet Sleep deprivation, which should not exceed 72 hours;
bullet Continual use of light or darkness in a cell;
bullet Loud music; and
bullet White noise, meaning a background hum.
These standard techniques can be used in addition to 10 enhanced techniques such as waterboarding (see Mid-March 2002). The limit on sleep deprivation as a standard technique will later be reduced (see December 2003), although when the tactic is used as an enhanced technique the maximum is 11 days. [Central Intelligence Agency, 5/7/2004, pp. 15, 40 pdf file]

Entity Tags: Central Intelligence Agency

Category Tags: Sleep Deprivation

Ramzi bin al-Shibh.Ramzi bin al-Shibh. [Source: Uli Deck / Agence France-Presse]Ramzi bin al-Shibh, a key member of al-Qaeda’s Hamburg cell, is allegedly flown to Jordan and tortured there. Bin al-Shibh was arrested in Pakistan on September 11, 2002, and held by US forces (see September 11, 2002). According to a 2008 report by the watchdog group Human Rights Watch, the US takes bin al-Shibh to the Bagram air base in Afghanistan, and then flies him to Jordan. A former detainee in a secret prison run by Jordanian intelligence will later tell Human Rights Watch that he was held in a cell next to bin al-Shibh in late 2002. He says he was able to briefly talk to bin al-Shibh, and bin al-Shibh told him that he had been tortured while in Jordanian custody. He said he had suffered electric shocks, forced nakedness, sleep deprivation, and being made to sit on sticks and bottles in sexually humiliating ways. [Human Rights Watch, 4/8/2008] The Washington Post will similarly report in late 2007, “Although hard evidence is elusive, some former inmates have reported being detained in the same wing as Ramzi Bin al-Shibh… said Abdulkareem al-Shureidah, an Amman lawyer. “He was detained in Jordanian jails, definitely.” [Washington Post, 12/1/2007] Bin al-Shibh will be transferred out of CIA custody into the Guantanamo prison in 2006, but exactly where he was held between 2002 and 2006 remains unclear (see September 2-3, 2006).

Entity Tags: Ramzi bin al-Shibh

Timeline Tags: Complete 911 Timeline

Category Tags: Ramzi bin al-Shibh, Sexual Humiliation, Sleep Deprivation, Electrodes, Other US Bases and Centers

Mohammed Ismail Agha.Mohammed Ismail Agha. [Source: Cageprisoners.com]Mohammed Ismail Agha, an Afghan villager about 14 years old, is arrested and sent to Bagram US Air Base. According to Agha, he was arrested while looking for construction work with a friend at an Afghan military camp in the town of Greshk. Afghan soldiers beat him and then turn him in to the US claiming he is a Taliban soldier. In Bagram, he is held in solitary confinement, interrogated, provided with minimal amounts of food, subjected to stress positions, and prevented from sleeping by guards who continually yell and kick his cell door. He is later sent to Guantanamo, where he is held with two other youths in quarters separate from the adult prisoners. He is finally set free in early 2004. During the first twelve months of his detention, his parents had no idea what had happened to him. Agha was their oldest child and was a major income-earner of the family. [Associated Press, 2/8/2004; Washington Post, 2/12/2004]

Entity Tags: Mohammed Ismail Agha

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Isolation, Sleep Deprivation, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Other Detainees

Abdur Rahim, a baker from Khost City, Afghanistan, is arrested outside Khost and sent to the Bagram US air base. Abdur Rahim says he was hooded and chained to the ceiling for “seven or eight days,” after which his hands turned black. He was later forced to crouch and hold his hands out in front of him for long periods, which caused intense pain in his shoulders. When he tried to move, he says, “they were coming and hitting me and saying ‘Don’t move!’” In December, he is transferred to Guantanamo Bay. “There were some soldiers that were very good with us,” he will later tell the New York Times. “But there was one soldier, he was a very bad guy. He was stopping the water for our commode. At nighttime, they would throw large rocks back and forth, which hit the metal walkway between the cells and made a loud noise. They did it to keep us awake.…. After I left Cuba, I had mental problems. I cannot talk to people for a long period of time. I work just to survive. But I’m not scared of anyone in this world. I’m just scared of God.” [New York Times, 9/17/2004]

Entity Tags: Abdur Rahim

Timeline Tags: War in Afghanistan

Category Tags: Mental Abuse, Physical Assault, Sleep Deprivation, Stress Positions, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Other Detainees

US troops arrest Saif-ur Rahman in the northeastern province of Kunar, Afghanistan, and fly him out by helicopter to Jalalabad. There, according to an account Rahman later provides to Associated Press, he is stripped and doused with ice-cold water. Two US interrogators question him with two dogs. After 24 hours, Rahman is sent to Bagram, where he is deprived of sleep, forced to stand for a long period of time, humiliated by female soldiers who scream abuses at him, and forced to lie on the floor with his arms and legs spread wide and a chair placed on his hands and feet. For 20 days he remains handcuffed. At some point, interrogators threaten to send him to Guantanamo. “One of them brought me 50 small stones and said ‘count these stones.’ When I finished he said, ‘We will send you there for 50 years.’” When a military spokesperson is later asked to comment on Rahman’s account, the spokesperson says it sounds only partially true (see January 22, 2002). [Associated Press, 3/14/2003]

Entity Tags: Saif-ur Rahman

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Use of Dogs, Bagram (Afghanistan), Sleep Deprivation, Intimidation/Threats, Extreme Temperatures, Other Detainees

(Show related quotes)

Wazir Muhammad, a 31-year-old farmer turned taxi driver from Khost province in Afghanistan, is detained and taken to Bagram. At the time of his arrest, he was working and had four passengers with him in his taxi. During his time at Bagram, he is interrogated, prohibited from talking to other prisoners, and deprived of sleep through the use of loudspeakers. He is later sent to Kandahar and eventually to Guantanamo (see Beginning of 2004). [Guardian, 6/23/2004]

Entity Tags: Wazir Muhammad

Timeline Tags: War in Afghanistan

Category Tags: Detainments, Sleep Deprivation, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Kandahar (Afghanistan), Other Detainees

Zakhim Shah, from the Afghan province of Khost, is captured by US forces. Shah is taken to Bagram Air Base where he is held for several weeks, including ten days in isolation. [New York Times, 6/21/2004] He and other prisoners, including Abdul Jabar, a 35-year-old taxi driver, are kept upstairs for two weeks naked, hooded, shackled, and with their hands chained to the ceiling day and night, according to the New York Times. Their only respite is when they are allowed to eat, pray, go to the bathroom, and for daily interrogation. They are kept awake by guards who shout or kick them to prevent them from sleeping. At one point, his exhaustion causes him to vomit. [New York Times, 5/24/2004; Guardian, 6/23/2004; New York Times, 9/17/2004] “The Americans tied our hands very tight, spit in our faces and threw stones at us,” he will later recall in an interview with the Times. He will be transferred to Guantanamo and eventually released on March 15, 2004. [New York Times, 6/21/2004]

Entity Tags: Abdul Jabar, Zakhim Shah

Timeline Tags: War in Afghanistan

Category Tags: Isolation, Sexual Humiliation, Sleep Deprivation, Bagram (Afghanistan), Other Detainees

Jamil al-Banna.Jamil al-Banna. [Source: Public domain]On December 8, 2002, British residents Bisher Al-Rawi and Jamil al-Banna are secretly flown from Gambia to the US military base in Bagram, Afghanistan. They had been held in Gambia by the CIA after the British intelligence agency MI5 gave the CIA false information suggesting the two of them were Islamist militants. In fact, they had worked until recently as informants for MI5. In Gambia, they were pressured to resume their informant work (see November 8, 2002-December 7, 2002). Once in Bagram, they are again pressured to be informants. The CIA asks if they will inform for them, instead of MI5. Al-Banna in particular is offered increasing sums of money and a US passport if he works for the CIA, but he refuses. [Washington Post, 4/2/2006] They are initially taken to the “dark prison” near Kabul and kept in the cold in complete darkness for two weeks. Loudspeakers blare music at them 24 hours a day. Al-Rawi will later recall: “For three days or so I just sat in the corner, shivering. The only time there was light was when a guard came to check on me with a very dim torch—as soon as he’d detect movement, he would leave. I tried to do a few push-ups and jogged on the spot to keep warm. There was no toilet paper, but I tore off my nappies and tried to use them to clean myself.” After about two weeks, they are taken to the nearby Bagram prison. They are heavily abused there too, starting by beating beaten up as they arrive. The two of them had worked as go-betweens between MI5 and the radical imam Abu Qatada, and in Bagram they are heavily pressured to incriminate Abu Qatada. By this time, Abu Qatada is imprisoned in Britain and fighting deportation. [Observer, 7/29/2007] Al-Banna will later tell a detainee in Guantanamo, Asif Iqbal, that Bagram was “rough” and “that he had been forced to walk around naked, coming and going from the showers, having to parade past American soldiers or guards including women who would laugh at everyone who was put in the same position.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] At no time during their detention are they permitted to see a lawyer, despite the fact that a habeas corpus petition has been filed on their behalf and is pending before British courts. In March 2003, they are sent to Guantanamo (see March 2003-November 18, 2007). [Amnesty International, 8/19/2003; Petition for writ of habeas corpus for Bisher al-Rawi, Jamil el-Banna and Martin Mubanga. Jamil el-Banna, et al. v. George Bush, et al., 7/8/2004 pdf file]

Entity Tags: Jamil al-Banna, Central Intelligence Agency, Bisher al-Rawi, Asif Iqbal

Timeline Tags: War in Afghanistan

Category Tags: Abrogation of Rights, Extreme Temperatures, Intimidation/Threats, Isolation, Physical Assault, Sexual Humiliation, Sleep Deprivation, Bagram (Afghanistan), Salt Pit (Afghanistan), Bisher al-Rawi, Jamil al-Banna

Abdurahman Khadr.Abdurahman Khadr. [Source: Cageprisoners]Prisoner Abdurahman Khadr says he is forced at a US prison in Bagram, Afghanistan, to lie on a cold concrete block for two days in the spring of 2003. He also experiences US soldiers stepping on his shackles, which cut through his skin “to the bone.” A female guard drags him up a flight of stairs, he recalls, after smiling at her. He is then flown to the US prison in Guantanamo, Cuba. He says the flight was a “whole torture on its own,” because, “There were people screaming around me and there was people begging for water and nobody was getting anything.” At Guantanamo, he is placed in an isolation block for 30 days, in a dark cell with just a hole for food. He is only allowed out for 15 minutes every three days. He claims, “They use this room to torture us.… They put the heat up or they put it too low so we are freezing or we are suffering because there is no air. They put the music on so you can’t sleep. They throw rocks at the block so you can’t sleep.” Ironically, Khadr is serving as a CIA informant at the time (see November 10, 2001-Early 2003). When he asks his CIA handlers why he has to suffer so much, he is told it is to make the prisoners think he is one of them. [Toronto Star, 8/19/2004] He complains and in the early summer of 2003 he is transferred to better quarters and secretly allowed better treatment. Sometimes he is even allowed to secretly leave the prison. In September 2003, he will leave Guantanamo as the CIA gives him another assignment (see September-November 2003). [PBS Frontline, 4/22/2004]

Entity Tags: Abdurahman Khadr, Central Intelligence Agency

Timeline Tags: War in Afghanistan

Category Tags: Extreme Temperatures, Isolation, Physical Assault, Poor Conditions, Sleep Deprivation, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Other Detainees

Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture.Communications antenna at Stare Kiejkuty, the Polish “black site” where Khalid Shaikh Mohammed was held for a time after his capture. [Source: CBC]9/11 planner Khalid Shaikh Mohammed, after being detained and abused for three days in US custody in Afghanistan (see February 29 or March 1, 2003 and Shortly After February 29 or March 1, 2003), is transferred to another CIA-run facility in Poland. [New Yorker, 8/6/2007; New York Review of Books, 3/15/2009] The facility is later identified as Stare Kiejkuty, a secret prison near the Szymany military airbase. Mohammed is flown in on a Gulfstream N379P jet known to prison officials as “the torture taxi.” The plane is probably piloted by “Jerry M,” a 56-year-old pilot for Aero Contractors, a company that transfers prisoners around the world for US intelligence agencies. [Der Spiegel (Hamburg), 4/27/2009] He is dressed in a tracksuit, blindfolded, hooded, has sound-blocking headphones placed over his ears, and is flown “sitting, leaning back, with my hands and ankles shackled in a high chair,” as he will later tell officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006). He later says he manages to sleep a few hours, for the first time in days. Upon arrival, Mohammed is stripped naked and placed in a small cell “with cameras where I was later informed by an interrogator that I was monitored 24 hours a day by a doctor, psychologist, and interrogator.” The walls are wooden and the cell measures some 10 by 13 feet. [New York Review of Books, 3/15/2009; Der Spiegel (Hamburg), 4/27/2009]
'I Would Be Brought to the Verge of Death and Back Again' - As he will later recall, it was in this detention camp that “the most intense interrogation occurred, led by three experienced CIA interrogators, all over 65 years old and all strong and well trained.” The interrogators tell him that they have received the “green light from Washington” to give him “a hard time” (see Late September 2001 and September 25, 2002). As he will later recall: “They never used the word ‘torture’ and never referred to ‘physical pressure,’ only to ‘a hard time.’ I was never threatened with death, in fact I was told that they would not allow me to die, but that I would be brought to the ‘verge of death and back again.‘… I was kept for one month in the cell in a standing position with my hands cuffed and shackled above my head and my feet cuffed and shackled to a point in the floor.” When he falls asleep, “all my weight [is] applied to the handcuffs around my wrist resulting in open and bleeding wounds.” The ICRC will later confirm that Mohammed bears scars consistent with his allegations on both wrists and both ankles. “Both my feet became very swollen after one month of almost continual standing.”
Interrogations - He is interrogated in a different room, in sessions lasting anywhere from four to eight hours, and with a wide variety of participants. Sometimes women take part in the interrogations. A doctor is usually present. “If I was perceived not to be cooperating I would be put against a wall and punched and slapped in the body, head, and face. A thick flexible plastic collar would also be placed around my neck so that it could then be held at the two ends by a guard who would use it to slam me repeatedly against the wall. The beatings were combined with the use of cold water, which was poured over me using a hose-pipe. The beatings and use of cold water occurred on a daily basis during the first month.”
'Alternative Procedures' - The CIA interrogators use what they will later call “alternative procedures” on Mohammed, including waterboarding (see After March 7, 2003) and other techniques. He is sprayed with cold water from a hose-pipe in his cell and the “worst day” is when he is beaten for about half an hour by one of the interrogators. “My head was banged against the wall so hard that it started to bleed. Cold water was poured over my head. This was then repeated with other interrogators.” He is then waterboarded until a doctor intervenes. He gets an hours’s sleep and is then “put back in my cell standing with my hands shackled above my head.” He sleeps for a “few minutes” on the floor of cell after the torture sessions, but does not sleep well, “due to shackles on my ankles and wrists.” The toilet consists of a bucket in the cell, which he can use on request, but “I was not allowed to clean myself after toilet during the first month.” In the first month he is only fed on two occasions, “as a reward for perceived cooperation.” He gets Ensure [a liquid nutritional supplement] to drink every four hours. If he refuses it, “then my mouth was forced open by the guard and it was poured down my throat by force.” He loses 18 kg in the first month, after which he gets some clothes. In addition, “Artificial light was on 24 hours a day, but I never saw sunlight.” [New York Review of Books, 3/15/2009]
Deliberately False Information - As he will later tell ICRC officials, he often lies to his interrogators: “During the harshest period of my interrogation, I gave a lot of false information in order to satisfy what I believed the interrogators wished to hear in order to make the ill-treatment stop.… I’m sure that the false information I was forced to invent… wasted a lot of their time and led to several false red-alerts being placed in the US.” [New York Review of Books, 3/15/2009] It will later be reported that up to 90 percent of Mohammed’s confessions may be unreliable. Furthermore, he will recant many of his statements (see August 6, 2007).

Entity Tags: Jack Goldsmith, “Jerry M”, Aero Contractors, International Committee of the Red Cross, David S. Addington, Central Intelligence Agency, Khalid Shaikh Mohammed, Stare Kiejkuty

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Category Tags: Coverup, Human Rights Groups, Statements/Writings about Torture, Rendition after 9/11, Extreme Temperatures, Insufficient Food, Isolation, Physical Assault, Sleep Deprivation, Stress Positions, Waterboarding, Khalid Shaikh Mohammed, Stare Kiejkuty (Poland)

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

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

Timeline Tags: War in Afghanistan

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

Abdallah Khudhran al-Shamran, a Saudi Arabian national, is arrested and detained with six others of different nationalities in al-Rutba by US and allied Iraqi forces as he is traveling from Syria to Baghdad. The captives are relieved of their possessions and blindfolded. Their hands are bound behind their backs and they are forced to walk for three hours to an unknown location. Shamran is accused of being a terrorist and subjected to various means of torture, including beatings, electric shocks, “being suspended from his legs and having his penis tied,” and “sleep deprivation through constant loud music.” Four days after arriving at this site, he is again blindfolded and then moved to a camp hospital in Um Qasr for three days, where he is treated, interrogated, and released. But without his passport and money, he is forced to sleep on the streets until he finally decides to seek help from a British soldier eight days later. He is then detained a second time, taken to a military field hospital with two other detainees, and again interrogated and tortured. He later explains to two Amnesty International investigators: “He stuck the pen he was holding into my right shoulder. The scar is still fresh and visible…. They tied my hands behind my back and put me exposed in the sun from noon to early evening. Then they transferred me to a container and locked me in. The next morning they put me in the sun until about 10 a.m.” He is subsequently sent to a hospital where he receives treatment and is finally permitted to speak with representatives of the International Committee of the Red Cross to help him recover his passport. He is then interrogated by a British officer who accuses him of being a member of Saddam Hussein’s Fedayeen and threatens to execute him. [BBC, 3/16/2003; Associated Press, 3/16/2003; Observer, 3/17/2003; Inter Press Service, 5/16/2003; Amnesty International, 7/23/2003] This incident is described in a memorandum to the Coalition Provisional Authority on July 23 (see July 23, 2003).

Entity Tags: Abdallah Khudhran al-Shamran

Category Tags: Electrodes, Physical Assault, Sleep Deprivation, Other Detainees

One of a group of 25 al-Qaeda members captured in Pakistan, Tawfiq bin Attash (see April 29, 2003), is taken into US custody and sent to a CIA-run detention facility in Afghanistan. Years later, after being transferred to Guantanamo, he will discuss his experiences and treatment with officials of the International Committee of the Red Cross (ICRC—see October 6 - December 14, 2006), who will identify him as “Walid bin Attash” in their documents.
'Forced Standing' - Bin Attash will recall his introduction to detention in Afghanistan as follows: “On arrival at the place of detention in Afghanistan I was stripped naked. I remained naked for the next two weeks. I was put in a cell measuring approximately [3 1/2 by 6 1/2 feet]. I was kept in a standing position, feet flat on the floor, but with my arms above my head and fixed with handcuffs and a chain to a metal bar running across the width of the cell. The cell was dark with no light, artificial or natural. During the first two weeks I did not receive any food. I was only given Ensure [a liquid nutritional supplement] and water to drink. A guard would come and hold the bottle for me while I drank.… The toilet consisted of a bucket in the cell.… I was not allowed to clean myself after using the bucket. Loud music was playing 24 hours each day throughout the three weeks I was there.” Author Mark Danner, writing of the ICRC report in 2009 (see March 15, 2009), will note that the “forced standing” technique. with arms shackled above the head, was a favorite technique of the Soviets, who called it “stoika.” Bin Attash, who had lost a leg fighting in Afghanistan, found the technique particularly painful: “After some time being held in this position my stump began to hurt so I removed my artificial leg to relieve the pain. Of course my good leg then began to ache and soon started to give way so that I was left hanging with all my weight on my wrists. I shouted for help but at first nobody came. Finally, after about one hour a guard came and my artificial leg was given back to me and I was again placed in the standing position with my hands above my head. After that the interrogators sometimes deliberately removed my artificial leg in order to add extra stress to the position.” He is checked periodically by a doctor. The doctor does not object to the ‘forced standing,’ even though the treatment causes intense pain in bin Attash’s leg; neither does the doctor object to the suspension from shackles, even though the shackles cut and abrade his wrists.
Cold Water, Physical Beatings - Bin Attash will tell ICRC officials that he is “washed down with cold water every day.” Every day he is also subjected to beatings: “Every day for the first two weeks I was subjected to slaps to my face and punches to my body during interrogation. This was done by one interrogator wearing gloves.… Also on a daily basis during the first two weeks a collar was looped around my neck and then used to slam me against the walls of the interrogation room. It was also placed around my neck when being taken out of my cell for interrogation and was used to lead me along the corridor. It was also used to slam me against the walls of the corridor during such movements. Also on a daily basis during the first two weeks I was made to lie on a plastic sheet placed on the floor which would then be lifted at the edges. Cold water was then poured onto my body with buckets.… I would be kept wrapped inside the sheet with the cold water for several minutes. I would then be taken for interrogation.”
Moved to Second Facility - It remains unclear where bin Attash is moved to after his initial detention in Afghanistan, but he will tell ICRC officials that his captors there—also Americans—“were rather more sophisticated than in Afghanistan because they had a hose-pipe with which to pour the water over me.” Danner will later note that the methods used to interrogate and torture bin Attash are somewhat more refined than those used on an experimental basis with another al-Qaeda suspect, Abu Zubaida (see April - June 2002). For example, a towel was wrapped around Zubaida’s neck and used to slam him into walls, while bin Attash was given a plastic collar. [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Khallad bin Attash, Al-Qaeda, Abu Zubaida, Mark Danner, Central Intelligence Agency

Category Tags: Coverup, Criticisms of US, Independent Investigations, Extreme Temperatures, Insufficient Food, Isolation, Physical Assault, Sleep Deprivation, Stress Positions, Waterboarding, Other High Ranking Detainees

Khreisan Khalis Aballey, a 39-year-old Iraqi man, is arrested at his home with his 80-year-old father by US soldiers who are looking for ‘Izzat al-Duri, a senior member of the Ba’ath Party. His brother is shot during the operation and never seen again. On July 23 (see July 23, 2003), Amnesty International will include an account of his detention in a memo to the Coalition Provisional Authority, which reads: “During his interrogation, he was made to stand or kneel facing a wall for seven-and-a-half days, hooded, and handcuffed tightly with plastic strips. At the same time a bright light was placed next to his hood and distorted music was playing the whole time. During all this period he was deprived of sleep (though he may have been unconscious for some periods). He reported that at one time a US soldier stamped on his foot and as a result one of his toenails was torn off. The prolonged kneeling made his knees bloody, so he mostly stood; when, after seven-and-a-half days he was told he was to be released and told he could sit, he said that his leg was the size of a football. He continued to be held for two more days, apparently to allow his health to improve, and was released on 9 May. His father, who was released at the same time, was held in the cell beside his son, where he could hear his son’s voice and his screams.” [Amnesty International, 7/23/2003]

Entity Tags: Khreisan Khalis Aballey

Category Tags: Physical Assault, Sleep Deprivation, Stress Positions, Other Detainees

Infantry units from the Florida National Guard arrive at the Assad airbase located northwest of Baghdad. They are assigned the task of overseeing a detention center that has been set up in an aircraft hangar. The cells of this makeshift prison are separated with concertina wire. The US soldiers are “instructed to use sleep deprivation on prisoners, and taught to perform mock executions.” The interrogators are “not in regular army uniform, and the soldiers never [learn] their real names.” Camilo Mejia, a member of the Florida National Guard, will later tell The Guardian: “We had a sledgehammer that we would bang against the wall, and that would create an echo that sounds like an explosion that scared the hell out of them. If that didn’t work we would load a 9mm pistol, and pretend to be charging it near their head, and make them think we were going to shoot them. Once you did that, they did whatever you wanted them to do basically.” Mejia, the son of a famous Nicaraguan political songwriter and folksinger and who later applies for status as a conscientious objector, will say that many soldiers were uncomfortable with these tactics. “The way we treated these men was hard even for the soldiers, especially after realizing that many of these ‘combatants’ were no more than shepherds.” Mejia will also say that when his platoon leader objected to using these techniques, he was told that his refusal to do so could end his military career. [Mail & Guardian, 5/14/2004]

Category Tags: Intimidation/Threats, Sleep Deprivation, Other Detainees

An unnamed Iraqi is taken into custody by Coalition Forces and then subjected to severe abuse in the military intelligence section of Camp Cropper. The International Committee of the Red Cross will later interview the person and report the prisoner’s allegations to Coalition Forces once in early July and then again in February 2004 (see February 24, 2004). The latter report will explain: “In one illustrative case, a person deprived of his liberty arrested at home by the CF [Coalition Forces] on suspicion of involvement in an attack against the CF, was allegedly beaten during interrogation in a location in the vicinity of Camp Cropper. He alleged that he had been hooded and cuffed with flexi-cuffs, threatened to be tortured and killed, urinated on, kicked in the head, lower back and groin, force-fed a baseball which was tied into the mouth using a scarf, and deprived of sleep for four consecutive days. Interrogators would allegedly take turns ill-treating him. When he said he would complain to the IRC he was allegedly beaten more. An ICRC medical examination revealed haematoma in the lower back, blood in the urine, sensory loss in the right hand due to tight handcuffing with flexi-cuffs, and a broken rib.” [International Committee of the Red Cross, 2/24/2004 pdf file; New York Times, 5/11/2004]

Category Tags: Physical Assault, Sleep Deprivation, Camp Cropper (Iraq), Other Detainees

CIA officials ask for reauthorization of the controversial harsh interrogation methods (see April 2002 and After and August 1, 2002) that had been withdrawn (see December 2003-June 2004) after the revelation of abuse and torture at Iraq’s Abu Ghraib prison (see November 5, 2003). The CIA has captured a new al-Qaeda suspect in Asia, and top agency officials ask the National Security Council Principals Committee—Vice President Dick Cheney, National Security Adviser Condoleezza Rice, Defense Secretary Donald Rumsfeld, CIA Director George Tenet, Secretary of State Colin Powell, and Attorney General John Ashcroft—for permission to use extreme methods of interrogation against the new detainee. Rice, who chairs the Principals Committee, says: “This is your baby. Go do it.” [ABC News, 4/9/2008] The name of the new suspect captured in Asia is not mentioned, but Hambali is captured in Thailand in August 2003 (see August 12, 2003), and he is the only prominent al-Qaeda figure arrested that summer. He is considered one of al-Qaeda’s most important leaders. There are some reports that he is one of only about four prisoners directly waterboarded by the US (see Shortly After August 12, 2003).

Entity Tags: Richard (“Dick”) Cheney, Central Intelligence Agency, Al-Qaeda, Colin Powell, Condoleezza Rice, George J. Tenet, John Ashcroft, Hambali, National Security Council, Donald Rumsfeld

Timeline Tags: Complete 911 Timeline

Category Tags: High-level Decisions and Actions, Impunity, Indications of Abuse, Statements/Writings about Torture, Sleep Deprivation, Stress Positions, Waterboarding, Internal Memos/Reports, Guantanamo (US Base in Cuba), Hambali

At the Abu Ghraib prison facility in Iraq, an unidentified military intelligence officer writes in the prison log book that a detainee’s cell door should be opened for ventilation and be taken off the light schedule. This suggests that the prisoner was being subjected to sleep deprivation. [US Department of Defense, 8/23/2004 pdf file]

Category Tags: Abu Ghraib Prison (Iraq), Sleep Deprivation

Top: a detainee cuffed to his bed with panties on his head on October 18, 2003. Bottom: a detainee given the same treatment on October 20, 2003.Top: a detainee cuffed to his bed with panties on his head on October 18, 2003. Bottom: a detainee given the same treatment on October 20, 2003. [Source: Public domain]Between October 17 and 22, several Abu Ghraib detainees are photographed cuffed in their cells with women’s panties wrapped around their heads. MP Charles Graner will later claim that he was ordered to strip, shackle, and hood some of these detainees as part of a sleep deprivation program. One of these detainees will later tell Army investigators. “They stripped me of all my clothes, even my underwear. They gave me woman’s underwear that was rose color with flowers in it, and they put the bag over my face. One of them whispered in my ear, ‘Today I am going to f_ck you,’ and he said this in Arabic. I faced more harsh punishment from Graner. He cuffed my hands with irons behind my back to the metal of the window, to the point my feet were off the ground and I was hanging there for about 5 hours just because I asked about the time, because I wanted to pray. And then they took all my clothes and he took the female underwear and he put it over my head. After he released me from the window, he tied me to my bed until before dawn.” The US Army’s Fay report will later conclude there was “ample evidence of detainees being forced to wear women’s underwear,” and that this may have been part of the military intelligence tactic called “ego down,” designed to break a detainee’s will power through abuse and sexual humiliation. [Salon, 3/14/2006]

Entity Tags: Charles Graner

Category Tags: Mental Abuse, Sexual Humiliation, Stress Positions, Sleep Deprivation

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 CIA reduces the period for which detainees can be deprived of sleep during the application of one of its standard techniques. Previously, if detainees were subjected to sleep deprivation as a part of a standard interrogation technique, the application could go on for 72 hours (see November 2002). However, the maximum is now reduced to 48 hours. Detainees are also subjected to sleep deprivation as a part of enhanced techniques, in which case the maximum is 11 days. [Central Intelligence Agency, 5/7/2004, pp. 30 pdf file]

Entity Tags: Central Intelligence Agency

Category Tags: Sleep Deprivation

Saddam Salah al-Rawi is taken to Abu Ghraib and registered under number 200144. [Guardian, 5/13/2004] For the first 18 days of his detention at Abu Ghraib, he will be subjected to a series of techniques. Interrogations follow only after this period. The first MP Al-Rawi encounters puts a hood over his head, cuffs his hands, and leads him away, “intentionally smashing [his] face against several doors along the way.” [CPTnet, 5/12/2004] “He locked his arm under mine and holding the back of my head he beat my head against the doors of the cells,” Al-Rawi will later recall. [Guardian, 5/13/2004] In another testimony, Al-Rawi repeats the same allegation: “Wherever he saw a wall, he would hit me against it. Wherever there’s a door, he would push me and hit me against it.” [ABC News, 8/8/2004] He is left in a cell, still hooded and cuffed, with three or four other prisoners, who are also tied up but have no hoods on. He asks one of them, whom he later names as Thamir Issawi, to lift up his hood to allow him to breathe more easily. “When he opened my hood I could see his back. He was naked. All of them around me were naked.” [Guardian, 5/13/2004] It was, according to Al-Rawi, “something I have never seen in my life. A man’s buttocks were facing me.” [ABC News, 8/8/2004] “I was so shocked and disgraced that I asked the man to put my hood back on, which he did.” [CPTnet, 5/12/2004] An hour later, soldiers take him into the hall, and order him to strip. “I refused to because it is forbidden for Muslims.” Al-Rawi faces the inevitable. “They forced off my clothes and beat me,” he says. [CPTnet, 5/12/2004] “I was completely naked with two bags on my head.” [ABC News, 8/8/2004] The soldiers then force him to stand on a box with his hands on his head. “I stood like this for an hour, or an hour and a quarter. Then some American soldiers came and they were laughing and some were beating me. They were beating me on my back and my legs. They were beating and laughing.” [Guardian, 5/13/2004] His next experience is an example of the “stress positions” tactic. “Next, they made me hold a plastic chair over my head for a long time. All along, I could hear them laughing and snapping photographs.” [CPTnet, 5/12/2004] Elsewhere, he reportedly says, “I remember them taking pictures. I remember there were these prisoners standing beside me. I was hooded but I remember a flash from the camera and the sound of a click when they took the picture.” [Guardian, 5/13/2004] At one point, he cannot take it any longer. “I became so exhausted that I fell down and hit my head on the wall.” [CPTnet, 5/12/2004] At that moment, “I lost consciousness.” [Guardian, 5/13/2004] The soldiers then remove his hood, [ABC News, 8/8/2004] and when he regains consciousness, Al-Rawi comes face to face with his attackers. “I saw Sgt. Joyner, an Egyptian translator who wore fatigues, named Abu Hamed, two male soldiers, one with glasses, and one female soldier.… Then a soldier from another group came and peed on me.” [CPTnet, 5/12/2004] [In a May 30, 2005 email to the Center for Cooperative Research, Sgt. Joyner denied abusing detainees] Next, Al-Rawi later recounts, “they started to drop cold water on me.” [Guardian, 5/13/2004] “Other soldiers then dragged me along the floor in the hall and did other similar things to keep me awake all night.” [CPTnet, 5/12/2004] In the morning he is put in cell 42 in Tier 1-A, and allowed a few moments alone. His cell has a water tap, a loo, and a metal bunk bed, but no sheets, blanket, or mattress. [CPTnet, 5/12/2004; Guardian, 5/13/2004] “I was still naked and very tired. I sat against the wall, shivering and trying to sleep. I could see through some small openings in the wall that the sun was rising.” Somewhat later that morning, Al-Rawi meets with Staff Sgt. Ivan Frederick and a female sergeant who take him to another room. “I was still unhooded and untied. They gave me some cloth to cover myself. Sergeant Ivan threatened me, saying that if I didn’t give up any information, he would have other soldiers rape me. (Abu Hamed was translating.) I was so stunned that I couldn’t reply.” [CPTnet, 5/12/2004] Al-Rawi is often left in his cell with his hands and feet bound; sometimes in a way designed to be highly uncomfortable. One such “stress position” leaves him with his hands and feet stuck through the metal bars of his cell door and tied together at the outside. A civilian American with a goatee beard, whom Al-Rawi identifies as “Steven,” possibly private contractor Steven Stephanowicz, forces him to adopt the so-called “scorpion” position. “They tied my hands to my feet behind my back,” explains Al-Rawi. “My left hand to my right foot and my right hand to my left foot. I was lying face down and they were beating me like this.” [Guardian, 5/13/2004] During his first 18 days at Abu Ghraib, Al-Rawi says he is almost constantly tortured, “for 23 hours per day.” During this time, there are no interrogations, no investigations, and no medical treatment. He encounters the whole range of techniques, starting with the familiar nudity. “They left me naked the entire time.” [CPTnet, 5/12/2004] He is also subjected to sleep deprivation. “There was a stereo inside the cell and it played music with a sound so loud I couldn’t sleep. I stayed like that for 23 hours.” [Guardian, 5/13/2004] Al-Rawi is beaten repeatedly. “One time they knocked out two of my teeth [lower left molars].” He is also threatened with dogs. “Whenever they took me out of my cell, they used dogs to threaten me.” [CPTnet, 5/12/2004] On one occasion a naked Al-Rawi is pushed from behind by a guard towards another guard holding a dog on a leash. At some point the experience becomes too much to bear. “In my cell I was shouting,” said Al-Rawi, “‘Please come and take me. Please kill me. I am Osama bin Laden, I was in the plane that hit the World Trade Centre.’ I wished for death at that time,” he says. “I wanted to be dead 1,000 times. I asked my God to take my soul.” [Guardian, 5/13/2004] After these 18 days, his preparation for interrogation has finished. He has his clothes returned and is finally questioned. Having lost all defenses he gives any answer his interrogators want. “I just didn’t care anymore.” [CPTnet, 5/12/2004] “Whatever they asked me, I said yes. They told me I was from Ansar al-Islam [a militant Iraqi group] and I said yes. I told them the leader of Jaish-e-Mohammad [another Iraqi militant group] was my cousin. They asked me about Zarqawi [a Jordanian militant thought to be in Iraq] and al-Qaeda and I said yes even though I don’t know who they are.” [Guardian, 5/13/2004] He even declared being Osama bin Laden himself. “I did the explosions on September 11,” he said. “The interrogators just said, ‘Bullsh_t!’ to all of my answers and beat me.” [CPTnet, 5/12/2004]

Entity Tags: Thamir Issawi, Jaish-e-Mohammed, Steven Stephanowicz, Ivan L. Frederick II, Abu Hamed, Saddam Salah al-Rawi

Category Tags: Key Events, Coverup, Forced Confessions, Sexual Humiliation, Physical Assault, Stress Positions, Intimidation/Threats, Sleep Deprivation, Medical Services Denied, Abu Ghraib Prison (Iraq), Saddam Salah al-Rawi

After her brother’s dead body has been taken away, Huda al-Azzawi and 18 other Iraqi detainees at the US base in Adhamiya are put inside a minibus. “The Americans told us: ‘Nobody is going to sleep tonight.’ They played scary music continuously with loud voices. As soon as someone fell asleep they started beating on the door. It was Christmas. They kept us there for three days. Many of the US soldiers were drunk.” [Guardian, 9/20/2004] During the coming days, she is subjected to severe physical violence when a US guard either breaks [Guardian, 9/20/2004] or dislocates her shoulder. It leads to her being examined by a doctor. “Paradoxically, that was the best thing that happened to me. The doctor was furious with the guard and demanded that they cuff my hands in front of me, instead of behind my back, a less painful position.” For a week she is kicked or hit with rifle butts in her breasts and her stomach. She is forced to squat or stand up for hours. She is denied sufficient food and sleep, and is forced to listen to “terrifying” music. [Le Monde (Paris), 10/12/2004]

Entity Tags: Huda al-Azzawi

Category Tags: Sleep Deprivation, Poor Conditions, Physical Assault, Huda al-Azzawi, Insufficient Food, Other US Bases and Centers

After 15 months of brutal torture in Morocco (see July 21, 2002 -- January 2004), British terror suspect Binyam Mohamed (see May-September, 2001) is flown to Afghanistan by the CIA.
Shock at Brutal Treatment - Even the hardened CIA agents in Afghanistan are shocked by the treatment meted out by the Moroccans, who, among other treatments, had repeatedly slashed and lacerated Mohamed’s genitals with scalpels and knives. Mohamed will later recall: “When I got to Kabul a female agent started taking close-up pictures of my genitals. She was shocked. When they removed my diaper she could see blood was still oozing from the cuts on my penis. For the first two weeks they had me on antibiotics and they took pictures of my genitals every day. They told me, ‘This is not for us. It’s for Washington.’ They wanted to be sure it was healing.”
'The Dark Prison' - But the initial shock gives way to a new session of brutality at the hands of his American captors. Mohamed will later call his Afghani detention facility “the dark prison,” and recall it as one of the lowest points of his life. In Morocco, Mohamed confessed to anything he was asked—being part of a plot to build a radioactive “dirty bomb,” being a confidant of 9/11 planner Khalid Shaikh Mohammed, having met Osama bin Laden dozens of times—in order to, he says, avoid further torture. Now the Americans want him to be a prosecution witness against high-ranking al-Qaeda already in US custody. But Mohammed knows nothing of these people or their crimes, he will later say. The tortures with scalpels are not repeated, but Mohamed will recall seemingly endless ordeals of being shackled by the wrists to his door frame, often in complete darkness, and in one memorable instance, being subjected to a rap CD being played in his cell at ear-shatteringly loud volumes for an entire month without stop. “It’s a miracle my brain is still intact,” he will later say. In September, he is transferred to Guantanamo (see September 2004 and After). [Daily Mail, 3/8/2009]

Entity Tags: Binyam Mohamed, Central Intelligence Agency

Category Tags: Detainments, Rendition after 9/11, Extreme Temperatures, Isolation, Sleep Deprivation, Stress Positions, Salt Pit (Afghanistan), Binyam Mohamed

An Army memorandum records an interview of a US interrogator stationed at the Orgun-E Military Intelligence Detention Facility in Afghanistan. According to the interrogator, “standard operating procedure” with detainees includes extended sleep deprivation, stress positions, and withholding food. The interrogator also refers to standard practices of “OGA” officials (OGA means “other goverment agency” and is a reference to the CIA), who drug prisoners and subject them to lengthy sensory deprivation. Another memo records the use of what interrogators call “fear up harsh” techniques, which include “disrespect for the Koran,” insults, subjecting prisoners to blinding lights, and exposing them to extremely loud music for prolonged periods. The memoranda will be released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006). [American Civil Liberties Union, 1/12/2006]

Entity Tags: US Department of the Army, Central Intelligence Agency

Category Tags: Reports/Investigations, Forced Confessions, Insufficient Food, Mental Abuse, Sleep Deprivation, Stress Positions, Suppression of Religious Expression

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

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

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

Coalition Joint Task Force-7, an Army command in Afghanistan, is still operating under rules of interrogation issued by CENTCOM commander General Ricardo Sanchez in September 2003 and rescinded in October 2003 (see October 12, 2003). This information comes from a report issued by Brigadier General Richard Formica (see November 2004) and from documents released by the American Civil Liberties Union (see July 10, 2006). The September 2003 rules allowed for the use of attack dogs, stress positions, sleep deprivation, and “environmental manipulation”—subjecting prisoners to extremes of heat and cold. In February 2004, a JTF-7 officer asked in a memo: “Can you verify that this [the September Sanchez memo] is a valid, signed policy? If not, can you send me (or steer me toward) the current policy?” The officer received a reply consisting of another copy of the September memo. On May 16, 2004, unit commanders become aware that the September memo had been superceded by reading news reports. [American Civil Liberties Union, 7/10/2006] According to the Defense Department, the September memo was “erroneously” provided to JTF-7. The Defense Department credits the Formica investigation for finding the error, which, Defense officials say, was “corrected immediately.… In the months between the policy’s creation and the investigation, some interrogations had been conducted using five unapproved interrogation methods, but none had resulted in abuse.” The official will note: “That’s the important point—we found [the error] and looked into it. When we discovered the error, we corrected it immediately.” [Armed Forces Press Service, 6/17/2006]

Entity Tags: Ricardo S. Sanchez, American Civil Liberties Union, US Central Command, US Department of the Army, US Department of Defense, Richard Formica

Category Tags: High-level Decisions and Actions, Reports/Investigations, Extreme Temperatures, Sleep Deprivation, Stress Positions, Use of Dogs

Conditions for Mehdi Ghezali, a detainee at Guantanamo, become worse. After he is released in July, he will say that during this period he was shackled for hours, deprived of sleep, put in isolation, and subjected to cold temperatures for up to 14 hours at a time. “They put me in the interrogation room and used it as a refrigerator. They set the temperature to minus degrees so it was terribly cold and one had to freeze there for many hours; 12 to 14 hours one had to sit there, chained.” [Reuters, 7/14/2004; Agence France-Presse, 7/14/2004]

Entity Tags: Mehdi Ghezali

Category Tags: Guantanamo (US Base in Cuba), Physical Assault, Isolation, Sleep Deprivation, Extreme Temperatures, Other Detainees

An Army officer writes that, in light of the recently released photos from Abu Ghraib, abusive interrogation techniques such as the application of cold or ice, loud music, sleep deprivation, and confining detainees to a metal box, will “continue to cause us problems, as some interrogation techniques aren’t real defensible given the Abu Ghraib fallout.” The memorandum will be released to the American Civil Liberties Union (ACLU) in 2006 (see January 12, 2006). [American Civil Liberties Union, 1/12/2006]

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

Category Tags: Abu Ghraib Scandal Aftermath, Criticisms of US, Extreme Temperatures, Physical Assault, Sleep Deprivation, Stress Positions, Internal Memos/Reports, Abu Ghraib Prison (Iraq)

The Wall Street Journal reports that according to an unnamed military official, “Methods now used at Guantanamo include limiting prisoners’ food, denying them clothing, subjecting them to body-cavity searches, depriving them of sleep for as much as 96 hours and shackling them in so-called stress positions.” [Wall Street Journal, 6/7/2004]

Category Tags: Guantanamo (US Base in Cuba), Media, Insufficient Food, Stress Positions, Sexual Humiliation, Sleep Deprivation

The Justice Department issues a secret opinion that countermands and contradicts the administration’s official policy that torture is “abhorrent” and will not be practiced by US military or law enforcement officials (see December 30, 2004). The secret opinion is, the New York Times writes two years later while publicly revealing its existence, “an expansive endorsement of the harshest interrogation techniques ever used by the Central Intelligence Agency.” The opinion gives explicit authorization to abuse detainees with a combination of physical and psychological abuse, including head-slapping, stress positioning, simulated drowning (“waterboarding”), and prolonged exposure to intense cold. New attorney general Alberto Gonzales (see November 10, 2004) approves the memo over the objections of deputy attorney general James Comey, himself preparing to leave the Justice Department after a series of battles over the legality of torture and the domestic surveillance program (see March 10-12, 2004). Comey says at the time that everyone at the department will be “ashamed” of the new opinion once the world learns of it. [New York Times, 10/4/2007]

Entity Tags: US Department of Justice, Alberto R. Gonzales, Central Intelligence Agency, New York Times

Timeline Tags: Complete 911 Timeline, Civil Liberties

Category Tags: Coverup, High-level Decisions and Actions, Impunity, Legal Proceedings, Media, Statements/Writings about Torture, Abrogation of Rights, Dangerous Conditions, Extreme Temperatures, Forced Confessions, Mental Abuse, Sleep Deprivation, Stress Positions, Waterboarding, Internal Memos/Reports

The American Civil Liberties Union (ACLU) releases documents that show the Defense Department ignored requests from senior military commanders for clarification regarding interrogation tactics. In January 2003, military commanders in Afghanistan requested clarification from Pentagon officials as to what interrogation methods could be used against prisoners in US custody. Those officials ignored the request (see January 2003). “It is the Defense Department’s responsibility to ensure that prisoners are treated humanely, as the Geneva Conventions require,” says ACLU attorney Jameel Jaffer. “But as these documents show, the Defense Department allowed abusive interrogation practices to flourish.” The documents also show that at least one unit in Afghanistan operated for eight months under rules of interrogation that had been rescinded (see May 2004). In other instances, field and unit commanders came up with their own rules for interrogation. One commander at Guantanamo came up with his own definition of sleep deprivation, according to the documents: “I define ‘sleep deprivation’ as keeping a detainee awake continuously for five or six day’s [sic] straight.” Another unit determined that, if soldiers could be subjected to 20-hour days in training, it should be acceptable to subject prisoners to similar conditions: “If it was okay to subject our soldiers to twenty-hour days, then in our mind’s [sic] it was okay to subject the terrorists to twenty-hour interrogations.” In one instance, a detainee was interrogated for 20 hours every day for almost two months. “These documents further confirm that systemic command failures led to the widespread abuse of detainees held in US custody abroad,” says the ACLU’s Amrit Singh. “Only an independent investigation into detainee abuse can be trusted to hold relevant officials accountable for such failures.” [American Civil Liberties Union, 7/10/2006]

Entity Tags: US Department of Defense, American Civil Liberties Union, Amrit Singh, Geneva Conventions, Jameel Jaffer

Category Tags: Criticisms of US, Impunity, Sleep Deprivation

In two separate sessions, from October 6-11 and again from December 4-14, officials of the International Committee of the Red Cross (ICRC) interview 14 detainees newly transferred from a variety of CIA secret “black sites” to Guantanamo. The transfers followed President Bush’s acknowledgment that the CIA has maintained a number of these sites and his announced intention to have a number of the detainees sent to the Cuban facility (see September 17, 2001 and September 6, 2006).
ICRC Access - The ICRC is legally bound to monitor compliance with the Geneva Conventions and to supervise the treatment of prisoners of war; previously, it had not been allowed to see the detainees, and in some cases were never informed of their detention. The ICRC officials interview each prisoner in private, with the intention of producing “a description of the treatment and material conditions of detention of the 14 during the period they were held in the CIA detention program.”
Interviews - The 14 have been held for periods ranging “from 16 months to almost four and a half years.” The ICRC’s report, never intended for public consumption, will be released to the CIA several months later (see February 14, 2007) and revealed in a book in early 2009 (see March 15, 2009). Some of the detainees, concerned about the possible repercussions that may ensue from their discussions, ask the ICRC to withhold their names from some allegations, though most of the report attributes specific narratives and allegations to particular prisoners. Almost every allegation is independently corroborated by other, named detainees.
'Striking Similarity' - In 2009, author Mark Danner will write, quoting the ICRC report: “[I]ndeed, since the detainees were kept ‘in continuous solitary confinement and incommunicado detention’ throughout their time in ‘the black sites,’ and were kept strictly separated as well when they reached Guantanamo, the striking similarity in their stories, even down to small details, would seem to make fabrication extremely unlikely, if not impossible. ‘The ICRC wishes to underscore,’ as the writers tell us in the introduction, ‘that the consistency of the detailed allegations provided separately by each of the 14 adds particular weight to the information provided below.’”
Topics of Report - The report covers the following areas:
bullet Main elements of the CIA detention program;
bullet Arrest and transfer;
bullet Continuous solitary confinement and incommunicado detention;
bullet Other methods of ill-treatment;
bullet Suffocation by water (the ICRC term for waterboarding);
bullet Prolonged stress standing;
bullet Beatings by use of a collar;
bullet Beating and kicking;
bullet Confinement in a box;
bullet Prolonged nudity;
bullet Sleep deprivation and use of loud music;
bullet Exposure to cold temperature/cold water;
bullet Prolonged use of handcuffs and shackles;
bullet Threats;
bullet Forced shaving;
bullet Deprivation/restricted provision of solid food;
bullet Further elements of the detention regime.
Conclusion - The report concludes: “The allegations of ill-treatment of the detainees indicate that, in many cases, the ill-treatment to which they were subjected while held in the CIA program, either singly or in combination, constituted torture. In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, or degrading treatment.” Danner will write, “Such unflinching clarity, from the body legally charged with overseeing compliance with the Geneva Conventions—in which the terms ‘torture’ and ‘cruel, inhuman, and degrading treatment’ are accorded a strictly defined legal meaning—couldn’t be more significant.” [New York Review of Books, 3/15/2009]

Entity Tags: International Committee of the Red Cross, Geneva Conventions, Central Intelligence Agency, Mark Danner

Category Tags: Criticisms of US, High-level Decisions and Actions, Independent Investigations, Forced Confessions, Insufficient Food, Isolation, Mental Abuse, Physical Assault, Sleep Deprivation, Stress Positions, Suppression of Religious Expression, Waterboarding, Guantanamo (US Base in Cuba)

Majid Khan.Majid Khan. [Source: Associated Press]At hearings in Guantanamo Bay in spring 2007 to determine whether they are “enemy combatants” (see March 9-April 28, 2007), several alleged top al-Qaeda leaders complain of being tortured in US custody:
bullet Alleged al-Qaeda logistics manager Abu Zubaida says he is ill in Guantanamo Bay and has had around 40 seizures that temporarily affect his ability to speak and write properly, as well as his memory; apparently they are originally the result of a 1992 injury from which he still has shrapnel in his head. He says that the seizures are brought on by broken promises to return his diary, which he describes as “another form of torture,” as he is emotionally attached to it. He also says he was tortured after being captured (see Mid-May 2002 and After), when he was “half die”, due to a gunshot wound received when he was taken, and that he lied under torture. However, the passage in which he describes his treatment at this time is redacted. He has many other injuries, has lost a testicle, and also complains the Guantanamo authorities refuse to give him socks for his cold feet. He has to use his prayer hat to keep his feet warm and does so during the hearing. [US Department of Defense, 3/27/2007 pdf file]
bullet 9/11 mastermind Khalid Shaikh Mohammed remarks that, “I know American people are torturing us from seventies.” However, the next section of the transcript is redacted. He also says his children were abused in US custody. [US Department of Defense, 3/10/2007 pdf file]
bullet Alleged travel facilitator Majid Khan submits a 12-page “written statement of torture.” Khan’s father also gives an account of the torture he says his son was subjected to: he was tied tightly to a chair in stress positions; hooded, which caused him difficulty breathing; beaten repeatedly; deprived of sleep; and kept in a mosquito-infested cell too small for him to lie down in. His father also says Khalid Shaikh Mohammed’s children, aged about 6 and 8, were held in the same building and were tortured by having insects placed on their legs to make them disclose their father’s location. [US department of Defense, 4/15/2007 pdf file]
bullet Alleged al-Qaeda manager Abd al-Rahim al-Nashiri says he was tortured into confessing the details of plots he invented. He claims that “he was tortured into confession and once he made a confession his captors were happy and they stopped torturing him… [and] he made up stories during the torture in order to get it to stop.” Many of the details of the torture are redacted, but he says in one unredacted comment, “One time they tortured me one way and another time they tortured me in a different way.” [US department of Defense, 3/14/2007 pdf file]
Eugene Fidell, president of the National Institute of Military Justice, says that the claims of torture could undermine the legitimacy of future military commissions: “Someone has got to get to the bottom of these allegations… If there is something there, they are going to need to address it.” The Pentagon promises to investigate the allegations, but Amnesty International comments, “Given the Bush administration record so far on these matters, it strains credulity that any such investigation would be anything other than substandard, or [that] those responsible would be held accountable.” [Los Angeles Times, 3/31/2007]

Entity Tags: National Institute of Military Justice, Majid Khan, Khalid Shaikh Mohammed, Abu Zubaida, Amnesty International, Abd al-Rahim al-Nashiri, Eugene R. Fidell

Timeline Tags: Complete 911 Timeline, 9/11 Timeline

Category Tags: Mental Abuse, Medical Services Denied, Sleep Deprivation, Abd al-Rahim al-Nashiri, Majid Khan, Stress Positions, Forced Confessions, Poor Conditions, Military Commissions / Tribunals

An unnamed prisoner held in the CIA’s secret prison system is kept awake for up to six days straight. According to documents made public in 2009, in August 2007, the Justice Department’s Office of Legal Counsel (OLC) gives CIA interrogators permission to keep an unnamed prisoner awake for five days straight. The prisoner is kept awake by being forced to stand with his arms chained above the level of his heart. He is forced to wear diapers, so he can stay continuously chained without bathroom breaks. Then in November 2007, interrogators ask for and receive permission to keep a prisoner awake for another day. A prisoner is kept awake for six days straight.
Is It Torture? - According to the Associated Press: “Sleep deprivation beyond 48 hours is known to produce hallucinations. It can reduce resistance to pain, and it makes people suggestible. The State Department regularly lists sleep deprivation as a form of torture in its annual report on human rights abuses. Recent reports have noted Iran, Syria, and Indonesia as engaging in the practice.” The US-based Center for Victims of Torture considers 96 hours (four days) of sleep deprivation to be torture. One director of the organization says: “It’s a primary method that is used around the world because it is effective in breaking people. It is effective because it induces severe harm. It causes people to feel absolutely crazy.”
Who Is Interrogated? - The name of the prisoner is blacked out in documents. However, the Associated Press suggests that the most likely candidate by far is alleged al-Qaeda leader Muhammed Rahim al-Afghani. Rahim was arrested not long before, in July 2007 (see July 2007), and he is the only known prisoner in the CIA’s secret prison system at this time (see Late July 2007-March 14, 2008). Furthermore, the US government will later declare him a “high value” detainee, most likely because he is said to have been in contact with Osama bin Laden as a translator and facilitator in recent years (see March 14, 2008).
Guidelines Exceeded? - At the time of the prisoner’s sleep deprivation, the Bush administration is reducing its use of severe interrogation techniques. Sleep deprivation is still allowed, but six days without any sleep exceeds existing guidelines. Amrit Singh, an American Civil Liberties Union (ACLU) attorney, says these incidents are “particularly disturbing” because they occur “even after the Supreme Court held that these prisoners were entitled to the protections of the Geneva Conventions and after Congress passed the Detainee Treatment Act to specifically prohibit cruel, inhuman, and degrading treatment.” When the Obama administration takes power in early 2009, it will issue new rules that state all prisoners must be allowed to sleep at least four hours during every 24-hour period. [Associated Press, 8/27/2009]

Entity Tags: Central Intelligence Agency, Al-Qaeda, Muhammad Rahim al-Afghani, Office of Legal Counsel (DOJ), Osama bin Laden

Category Tags: Ghost Detainees, Sleep Deprivation, Other US Bases and Centers, Other High Ranking Detainees

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

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

Timeline Tags: Civil Liberties

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

The press reports that, beginning in the spring of 2002, top Bush administration officials approved specific details about how terrorism suspects would be interrogated by the CIA. The officials issued their approval as part of their duties as the National Security Council’s Principals Committee (see April 2002 and After). [ABC News, 4/9/2008] The American Civil Liberties Union’s Caroline Fredrickson says: “With each new revelation, it is beginning to look like the torture operation was managed and directed out of the White House. This is what we suspected all along.” [Associated Press, 4/10/2008]

Entity Tags: Caroline Fredrickson, Bush administration (43), Principals Committee, American Civil Liberties Union

Timeline Tags: Civil Liberties

Category Tags: High-level Decisions and Actions, Impunity, Legal Proceedings, Statements/Writings about Torture, Sleep Deprivation, Stress Positions, Waterboarding, Internal Memos/Reports, Guantanamo (US Base in Cuba)

John Conyers.John Conyers. [Source: Public domain / US Congress]Democrats in Congress lambast the Bush administration over recent disclosures that senior White House officials specifically approved the use of extreme interrogation measures against suspected terrorists (see April 2002 and After). Senator Edward Kennedy (D-MA) calls the news “yet another astonishing disclosure about the Bush administration and its use of torture.… Who would have thought that in the United States of America in the 21st century, the top officials of the executive branch would routinely gather in the White House to approve torture? Long after President Bush has left office, our country will continue to pay the price for his administration’s renegade repudiation of the rule of law and fundamental human rights.” [Associated Press, 4/10/2008] John Conyers (D-MI), chairman of the House Judiciary Committee, calls the actions “a stain on our democracy.” Conyers says his committee is considering subpoenaing members of the Principals, and perhaps the author of the torture memo, John Yoo (see August 1, 2002), to testify about the discussions and approvals. [Progressive, 4/14/2008]

Entity Tags: George W. Bush, Bush administration (43), Edward M. (“Ted”) Kennedy, John Conyers, John C. Yoo

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, High-level Decisions and Actions, Sleep Deprivation, Stress Positions, Waterboarding, Guantanamo (US Base in Cuba)

President Bush admits he knew about his National Security Council Principals Committee’s discussion and approval of harsh interrogation methods against certain terror suspects (see April 2002 and After). Earlier reports had noted that the Principals—a group of top White House officials led by then-National Security Adviser Condoleezza Rice—had deliberately kept Bush “out of the loop” in order for him to maintain “deniability.” Bush tells a reporter: “Well, we started to connect the dots in order to protect the American people. And yes, I’m aware our national security team met on this issue. And I approved.” Bush says that the news of those meetings to consider extreme interrogation methods was not “startling.” He admitted as far back as 2006 that such techniques were being used by the CIA (see September 6, 2006). But only now does the news of such direct involvement by Bush’s top officials become public knowledge. The Principals approved the waterboarding of several terror suspects, including Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003 and March 10, 2007); Bush defends the use of such extreme measures against Mohammed, saying: “We had legal opinions that enabled us to do it. And no, I didn’t have any problem at all trying to find out what Khalid Shaikh Mohammed knew.… I think it’s very important for the American people to understand who Khalid Shaikh Mohammed was. He was the person who ordered the suicide attack—I mean, the 9/11 attacks.” [ABC News, 4/11/2008] Bush’s admission is no surprise. The day before Bush makes his remarks, law professor Jonathan Turley said: “We really don’t have much of a question about the president’s role here. He’s never denied that he was fully informed of these measures. He, in fact, early on in his presidency—he seemed to brag that they were using harsh and tough methods. And I don’t think there’s any doubt that he was aware of this. The doubt is simply whether anybody cares enough to do anything about it.” [MSNBC, 4/10/2008]

Entity Tags: George W. Bush, Central Intelligence Agency, Condoleezza Rice, Jonathan Turley, National Security Council, Khalid Shaikh Mohammed

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

Category Tags: High-level Decisions and Actions, Impunity, Indications of Abuse, Statements/Writings about Torture, Sleep Deprivation, Stress Positions, Waterboarding, Presidential Directives, Guantanamo (US Base in Cuba)

The American Civil Liberties Union (ACLU) calls for an independent counsel to investigate President Bush and his current and former top officials over their involvement in approving torture against terror suspects held captive by US military and intelligence personnel (see April 2002 and After and April 11, 2008). The ACLU’s executive director, Anthony Romero, says: “We have always known that the CIA’s use of torture was approved from the very top levels of the US government, yet the latest revelations about knowledge from the president himself and authorization from his top advisers only confirms our worst fears. It is a very sad day when the president of the United States subverts the Constitution, the rule of law, and American values of justice.” The ACLU’s Caroline Frederickson adds: “No one in the executive branch of government can be trusted to fairly investigate or prosecute any crimes since the head of every relevant department, along with the president and vice president, either knew [of] or participated in the planning and approval of illegal acts. Congress cannot look the other way; it must demand an independent investigation and independent prosecutor.” Romero says the ACLU is offering legal assistance to any terrorism suspect being prosecuted by the US: “It is more important than ever that the US government, when seeking justice against those it suspects of harming us, adhere to our commitment to due process and the rule of law. That’s why the ACLU has taken the extraordinary step to offer our assistance to those being prosecuted under the unconstitutional military commissions process.” [American Civil Liberties Union, 4/12/2008]

Entity Tags: Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Caroline Frederickson, George W. Bush

Timeline Tags: Civil Liberties

Category Tags: Criticisms of US, Detainments, Human Rights Groups, Independent Investigations, Media, Sleep Deprivation, Stress Positions, Waterboarding, Guantanamo (US Base in Cuba)

The Department of Justice (DOJ) releases a long-anticipated report on the alleged torture and abuse of terrorist suspects in US custody. The report was spurred by a Congressional request after Freedom of Information Act (FOIA) requests showed that FBI agents at Guantanamo had raised concerns about CIA- and military-conducted interrogations. The report identifies then-National Security Adviser Condoleezza Rice as a recipient of complaints of torture. [American Civil Liberties Union, 5/20/2008] The report, issued by DOJ Inspector General Glenn Fine, shows that CIA officials regularly ignored DOJ warnings that the interrogation tactics they were using amounted to “borderline torture.” The report also concludes that the Defense Department is ultimately responsible for how prisoners in military custody are being treated. As a result, the report finds no reason to bring criminal complaints against CIA officials or interrogators.
'Seven Months of Foot-Dragging' - The report documents what CBS News calls “seven months of foot-dragging” by the Pentagon, which attempted to water down the report. Failing that, the report cites numerous instances where Pentagon officials attempted to redact information in the report from public view. The report is lightly redacted.
FBI Praised for Legal, Non-Coercive Interrogation Techniques - The report generally praises the FBI’s own interrogation efforts, methods, and results. It confirms that when CIA officials became impatient with what they were calling “throwaway results” by FBI interrogators, particularly in the case of Abu Zubaida (see April - June 2002), the CIA took over interrogations of prisoners such as Zubaida and began using harsh, torturous techniques. The FBI pulled its agents from the ongoing interrogations, refusing to participate in what it considered to be illegal actions (see May 13, 2004). (In 2009, a former FBI interrogator will confirm that the FBI gathered far more useful information from its non-coercive techniques than the CIA did with its “borderline torture” methods—see Late March through Early June, 2002 and April 22, 2009.) [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Witnesses to Torture - However, the report makes clear that FBI agents witnessed harsh interrogations that may have constituted torture at three locations—Baghdad’s Abu Ghraib prison, Afghanistan’s Bagram Air Force Base facility, and Guantanamo Bay. FBI agents are explicitly banned from using brutality, physical violence, intimidation, or other means of causing duress when interviewing suspects. Instead, the FBI generally tries to build a rapport with suspects to get information. “Beyond any doubt, what they are doing (and I don’t know the extent of it) would be unlawful were these enemy prisoners of war,” one FBI employee, senior FBI lawyer Spike Bowman, reported. Bowman worried that the FBI would be “tarred by the same brush,” when asked whether the FBI should refer the matter to the Defense Department Inspector General, and added, “Were I still on active duty, there is no question in my mind that it would be a duty to do so.” The report cites two FBI agents at Guantanamo who “had concerns not only about the proposed techniques but also about the glee with which the would-be [military] participants discussed their respective roles in carrying out these techniques, and the utter lack of sophistication and circus-like atmosphere within this interrogation strategy session.” [CBS News, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Blocking Access to Zubaida - CIA general counsel John Rizzo refused to let DOJ investigators interview Zubaida for the report. The CIA has admitted that Zubaida was waterboarded (see Mid-May, 2002, March 2002 and April - June 2002). The report says that the CIA’s denial of access to Zubaida was “unwarranted,” and “hampered” the investigation, and contrasts the CIA’s actions with those of the Defense Department, which allowed DOJ investigators to interview Guantanamo prisoners. Rizzo told the DOJ that Zubaida “could make false allegations against CIA employees.” [Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]
Split over Al-Khatani - The rift between the CIA and FBI came to a head over the treatment of Mohamed al-Khatani, one of several suspected terrorists accused of being the fabled “20th hijacker” for the 9/11 attacks (see December 2001). According to the report, al-Khatani was abused in a number of ways by military interrogators at Guantanamo; the report cites the use of attack dogs, shackling and stress positions, sexual humiliation, mocking al-Khatani’s religion, and extended sleep deprivation among other tactics. FBI officials complained to the White House after learning that military interrogators forced him to “perform dog tricks,” “be nude in front of a female,” and wear “women’s underwear on his head.” Al-Khatani did eventually “confess” (see July 2002), but FBI officials expressed serious doubts as to the validity of his confession, both in its accuracy and in its admissability in a criminal court. The then-chief of the Guantanamo facility, Major General Geoffrey Miller, ordered a “relentless” and “sustained attack” on al-Khatani. “The plan was to keep him up until he broke,” an FBI agent told superiors, and some of those superiors worried that those techniques would render his confession inadmissible. Al-Khatani was hospitalized for hypothermia during those interrogations. His lawyer, Gitanjali Gutierrez, says her client recently attempted suicide because of his treatment. “The tactics that were used against and the impact, the pain and suffering it caused him and the damage that it caused him does rise to a level of torture,” she says. The government recently dropped all charges against al-Khatani (see October 26, 2006 and January 14, 2009), because if he had been brought to trial, all of the evidence of his treatment would be made public. [CBS News, 5/20/2008; Newsweek, 5/20/2008; American Civil Liberties Union, 5/20/2008]

Entity Tags: US Department of Justice, Glenn Fine, John Rizzo, Marion (“Spike”) Bowman, Gitanjali Gutierrez, Geoffrey D. Miller, Federal Bureau of Investigation, Condoleezza Rice, Abu Zubaida, Mohamed al-Khatani, Central Intelligence Agency, US Department of Defense

Category Tags: Criticisms of US, Reports/Investigations, Sexual Humiliation, Sleep Deprivation, Stress Positions, Use of Dogs, Abu Ghraib Prison (Iraq), Bagram (Afghanistan), Guantanamo (US Base in Cuba), Mohamed al-Khatani

The lawyer for Mohammed Jawad, a young Guantanamo detainee held in US captivity for almost six years (see December 17, 2002) and charged with attempted murder (see October 7, 2007), attempts to have the charges against his client dismissed. Major David Frakt tells the court that Jawad has been subjected to a harsh regime of sleep deprivation nicknamed the “frequent flyer program.” Records show that Jawad was moved from one cell to another 112 times over the period of two weeks, with guards shackling, moving, and unshackling him for an average of once every two hours and 50 minutes. Frakt tells the court that Jawad had attempted suicide months before. The military commission judge refuses to dismiss the charges. [Human Rights First, 9/2008]

Entity Tags: Mohammed Jawad, David Frakt

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

The American Civil Liberties Union (ACLU) releases Defense Department documents that detail systematic patterns of prisoner abuse in US detention facilities in Iraq. The documents, obtained through a Freedom of Information Act lawsuit, also show that Army investigations of abuse allegations in Iraq were compromised by missing records, flawed interviews, and problems with witnesses. ACLU lawyer Jameel Jaffer says: “The Bush administration created a climate in which abuse was tolerated even when it wasn’t expressly endorsed. With a new administration entering the White House, we should remember that the tone set by senior military and intelligence officials has very real implications for what takes place in US detention facilities overseas. The new administration should make clear from the outset that it won’t turn a blind eye to torture and abuse.”
Variety of Abuses - The documents pertain to eight Army investigations into detainee abuse conducted in 2003 and 2004. The abuse allegations included food and sleep deprivation, electric shocks, sexual threats, urinating on detainees, and the use of stress positions and attack dogs. One soldier stationed at Camp Cropper testified that “soldiers would hog-tie detainees out of their own frustration, because detainees would continuously ask them for water or in some form not be compliant.” A prisoner held in a facility called “Kilometer 22” testified that he was punched and beaten by an Egyptian interrogator when he did not provide the answers his US interrogators wanted. “These documents provide more evidence that abuse of prisoners was systemic in Iraq, and not limited to any particular detention center or military unit,” Jaffer says. “There was a culture of impunity.”
Compromised Investigations - Six of the eight investigations were compromised by an inability to locate key records. Three investigations included documents where military personnel stated that their facilities were so disorganized that it would be impossible to produce records on detainees. Three investigations were constrained when interviewees claimed not to recognize the names of the relevant detention facilities or the names of the capturing units. [American Civil Liberties Union, 11/19/2008]

Entity Tags: US Department of Defense, American Civil Liberties Union, Jameel Jaffer, Bush administration (43), US Department of the Army

Category Tags: Criticisms of US, Human Rights Groups, Insufficient Food, Physical Assault, Sexual Humiliation, Sleep Deprivation, Stress Positions, Use of Dogs, Internal Memos/Reports, Camp Cropper (Iraq)

Five Algerian detainees are released from Guantanamo after seven years’ imprisonment without charges ever being formally filed against them. They are released after a Supreme Court ruling ordered them granted habeas corpus rights in US courts (see June 22, 2008), and after a federal judge orders their detention to end (see November 20, 2008). The five tell reporters that their time in Guantanamo was hellish. “Nobody can imagine how horrible it was. Even the devil couldn’t have created such a bad, bad place,” says one detainee, computer technician Mustafa Ait Idir. “I was questioned and beaten more than 500 times during those seven years. The guards used to come in groups of six or seven, always using a spray against us first, and then the beatings would start.” Idir says he saw doctors participate in the abuse of prisoners: “I once saw a doctor with a group of guards. The doctor pointed to different places on a body of a prisoner saying ‘hit him here.’ After the beating, there were no visible marks on the body but that man was in such pain he couldn’t move.” Lawyer Stephen Oleskey says his client, Lakhdar Boumediene, had been force-fed through a nasal tube after he went on a seven-month hunger strike. “Twice a day he is strapped onto a chair at seven points,” says Oleskey of his client’s ordeal. “One side of his nose is broken, so they put it [the tube] in the other side… Sometimes it goes to his lung instead of his stomach. He can’t say anything because he has the mask on: that’s torture.” Idir recalls being confined in bare cells, often in complete darkness, others with powerful lights that prevented him from sleeping. [Agence France-Presse, 1/22/2009]

Entity Tags: US Supreme Court, Lakhdar Boumediene, Stephen Oleskey, Mustafa Ait Idir

Category Tags: Criticisms of US, High-level Decisions and Actions, Legal Proceedings, Abrogation of Rights, Physical Assault, Sleep Deprivation, Guantanamo (US Base in Cuba)

Susan Crawford.Susan Crawford. [Source: Susan Crawford / Washington Post]The senior Bush administration official in charge of bringing Guantanamo Bay detainees to trial rules that the US military tortured a detainee, and therefore the US cannot try him. Susan Crawford, the convening authority of military commissions, says that the US tortured Mohamed al-Khatani, a Saudi national accused of planning to participate in the September 11 attacks (see August 4, 2001). Crawford says al-Khatani was interrogated with techniques that included sustained isolation, sleep deprivation, nudity and prolonged exposure to cold, and which cumulatively left him in a “life-threatening condition.” Crawford says: “We tortured [al-]Khatani. His treatment met the legal definition of torture. And that’s why I did not refer the case” for prosecution. Crawford is a retired judge who served as the Army’s general counsel during the Reagan administration and the Pentagon’s inspector general during the first Bush administration. She is the first senior official of the current Bush administration to publicly state that a detainee was tortured while in US custody.
Cumulative Effect Equals Torture - None of the individual techniques used against al-Khatani were torturous in and of themselves, Crawford says, but the cumulative effect—particularly their duration and the deleterious effect on al-Khatani’s health—combined to constitute torture. “The techniques they used were all authorized, but the manner in which they applied them was overly aggressive and too persistent,” she says. “You think of torture, you think of some horrendous physical act done to an individual. This was not any one particular act; this was just a combination of things that had a medical impact on him, that hurt his health. It was abusive and uncalled for. And coercive. Clearly coercive. It was that medical impact that pushed me over the edge” to call it torture. Al-Khatani has been in US custody since December 2001 (see December 2001), and was interrogated from November 2002 through January 2003 (reports of the exact dates vary—see August 8, 2002-January 15, 2003 and October 11, 2002). He was held in isolation until April 2003. “For 160 days his only contact was with the interrogators,” Crawford says. “Forty-eight of 54 consecutive days of 18-to-20-hour interrogations. Standing naked in front of a female agent. Subject to strip searches. And insults to his mother and sister.” He was threatened with a military dog named Zeus. He “was forced to wear a woman’s bra and had a thong placed on his head during the course of his interrogation,” Crawford says, and “was told that his mother and sister were whores.” With a leash tied to his chains, he was led around the room “and forced to perform a series of dog tricks,” according to reports from his interrogations. He was twice hospitalized with bradycardia, a potentially lethal condition where the heartbeat drops to abnormally low levels.
Ruling Halts Future Prosecution against al-Khatani - Crawford dismissed war crimes charges against al-Khatani in May 2008 (see May 13, 2008). In November, military prosecutors said they would refile charges against al-Khatani, based on subsequent interrogations that did not employ harsh techniques (see November 18, 2008). But Crawford says that she would not let any such prosecutions go forward. However, Crawford is not unaware of the potential danger posed by letting him go free. “There’s no doubt in my mind he would’ve been on one of those planes had he gained access to the country in August 2001,” Crawford says. “He’s a muscle hijacker.… He’s a very dangerous man. What do you do with him now if you don’t charge him and try him? I would be hesitant to say, ‘Let him go.’” Al-Khatani’s civilian lawyer, Gitanjali Gutierrez, says, “There is no doubt he was tortured.” Gutierrez says: “He has loss of concentration and memory loss, and he suffers from paranoia.… He wants just to get back to Saudi Arabia, get married and have a family.” Al-Khatani “adamantly denies he planned to join the 9/11 attack,” she adds. “He has no connections to extremists.” Gutierrez says she thinks Saudi Arabia has an effective rehabilitation program and Khatani ought to be returned there. [Washington Post, 1/14/2009; New York Times, 1/14/2009] His lawyers at the Center for Constitutional Rights describe him as a broken, suicidal man who can never be prosecuted because of his treatment at the hands of his captors. [New York Times, 1/14/2009]
Sympathetic but Unbending - Crawford, a lifelong Republican, says she sympathizes with the situation faced by the Bush administration and the CIA after the 9/11 attacks. “I sympathize with the intelligence gatherers in those days after 9/11, not knowing what was coming next and trying to gain information to keep us safe,” she acknowledges. “But there still has to be a line that we should not cross. And unfortunately what this has done, I think, has tainted everything going forward.” Noting that the 2006 Hamdan v. Rumsfeld case (see June 30, 2006) disallowed torture but allowed for “coercive interrogation techniques,” Crawford says even those techniques should not be allowed: “You don’t allow it in a regular court.” Crawford says she is not yet sure if any of the other five detainees accused of participating in the 9/11 plot, including their leader, Khalid Shaikh Mohammed, were tortured, but she believes they may have been. “I assume torture,” she says, and notes that CIA Director Michael Hayden has publicly confirmed that Mohammed was one of three detainees subjected to waterboarding, a technique classified by law as torture. Crawford has not blocked prosecution of the other five detainees. Ultimately, she says, the responsibility for the farrago of illegal detentions and torture rests with President Bush. He was right to create a system to try suspected terrorists, she says, but the implementation was fatally flawed. “I think he hurt his own effort.… I think someone should acknowledge that mistakes were made and that they hurt the effort and take responsibility for it.… We learn as children it’s easier to ask for forgiveness than it is for permission. I think the buck stops in the Oval Office.” [Washington Post, 1/14/2009]
Rules Change - Pentagon spokesman Geoff Morrell says that the Hamdan case changed the rules, and thus retroactively classified al-Khatani’s treatment as torture. “The [Defense] Department has always taken allegations of abuse seriously,” he says. “We have conducted more than a dozen investigations and reviews of our detention operations, including specifically the interrogation of Mohamed al-Khatani, the alleged 20th hijacker. They concluded the interrogation methods used at [Guantanamo], including the special techniques used on Khatani in 2002, were lawful. However, subsequent to those reviews, the Department adopted new and more restrictive policies and procedures for interrogation and detention operations. Some of the aggressive questioning techniques used on al-Khatani, although permissible at the time, are no longer allowed in the updated Army field manual.” [Washington Post, 1/14/2009]
Prosecutors Unprepared - When Crawford came to Guantanamo as convening authority in 2007, she says “the prosecution was unprepared” to bring cases to trial. Even after four years of working possible cases, “they were lacking in experience and judgment and leadership.” She continues: “A prosecutor has an ethical obligation to review all the evidence before making a charging decision. And they didn’t have access to all the evidence, including medical records, interrogation logs, and they were making charging decisions without looking at everything.” It took over a year, and the intervention of Deputy Defense Secretary Gordon England, for prosecutors to turn over possibly exculpatory evidence to defense lawyers, even though the law requires that such evidence be turned over immediately. The entire system at Guantanamo is a blot on the reputation of the US and its military judicial system, she says: “There’s an assumption out there that everybody was tortured. And everybody wasn’t tortured. But unfortunately perception is reality.” The system she oversees cannot function now, she believes. “Certainly in the public’s mind, or politically speaking, and certainly in the international community” it may be forever tainted. “It may be too late.” [Washington Post, 1/14/2009]

Entity Tags: Susan Crawford, Gordon England, Gitanjali Gutierrez, George W. Bush, Geoff Morrell, Central Intelligence Agency, Khalid Shaikh Mohammed, Bush administration (43), Center for Constitutional Rights, Mohamed al-Khatani, US Department of Defense, Michael Hayden

Category Tags: Criticisms of US, High-level Decisions and Actions, Legal Proceedings, Reports/Investigations, Statements/Writings about Torture, Extreme Temperatures, Isolation, Sexual Humiliation, Sleep Deprivation, Mohamed al-Khatani

Lieutenant Colonel Darrel Vandeveld (see January 13, 2009), a former Army prosecutor at Guantanamo who resigned his position in September 2008 (see September 2008), publishes a column in the Washington Post explaining his decision. After a lengthy recounting of his experiences at Guantanamo, he concludes: “I am ashamed that it took me so long to recognize the stain of Guantanamo, not simply on America’s standing in the world, but as part, now, of a history we cannot undo. We have kept human beings in solitary confinement for as long as seven years, even though they have never been charged with any crime. In other places, we have beaten hooded, shackled prisoners, at least two of whom died as a result. There is a way out of Guantanamo. It is not as difficult as some apologists have made it seem. Many of the detainees have not committed war crimes and the handful of real terrorists and war criminals can be tried in federal court.… For the detainees who have not committed any crime, we must begin an immediate and intensive program of rehabilitation that will allow them to reintegrate into the societies from which they were removed on the flimsiest of legal bases.… No one who has fought for our country and its values has done so to enable what happened in Guantanamo. We did not sacrifice so that an administration of partisan civilians, abetted by military officers who seemed to have lost their moral compass, could defile our Constitution and misuse the rule of law. For a few dark years, it was ‘legal’ to mistreat fellow human beings. Now, some of that treatment has been called ‘torture’ by Susan Crawford, the convening authority of military commissions (see January 14, 2009). I just hope no one will see that kind of abuse—and look the other way—again.” [Washington Post, 1/18/2009]

Entity Tags: Darrel Vandeveld

Category Tags: Criticisms of US, Detainments, Legal Proceedings, Forced Confessions, Involuntary Drugs, Physical Assault, Sleep Deprivation, Bagram (Afghanistan), Guantanamo (US Base in Cuba), Mohammed Jawad

The American Civil Liberties Union (ACLU) releases previously classified documents that contain excerpts from a government report on harsh interrogation tactics used by US personnel against detainees in Iraq, Afghanistan, and Guantanamo Bay. The excerpts document repeated instances of abusive behavior, sometimes resulting in the deaths of prisoners. The documents, obtained under the Freedom of Information Act (FOIA), contain a report by Vice Admiral Albert Church, who compiled a comprehensive report on the Defense Department’s interrogation operations. Church terms the interrogations at Bagram Air Force Base in Afghanistan as “clearly abusive, and clearly not in keeping with any approved interrogation policy or guidance.” Only two pages from the Church report were released without redactions.
Deaths at Bagram - A portion of the document reports on the deaths of two prisoners at Bagram (see December 5-9, 2002 and November 30-December 3, 2002), who were, the document states, “handcuffed to fixed objects above their heads in order to keep them awake.” The report continues: “Additionally, interrogations in both incidents involved the use of physical violence, including kicking, beating, and the use of ‘compliance blows,’ which involved striking the [prisoners] legs with the [interrogators] knees. In both cases, blunt force trauma to the legs was implicated in the deaths. In one case, a pulmonary embolism developed as a consequence of the blunt force trauma, and in the other case pre-existing coronary artery disease was complicated by the blunt force trauma.” Both detainees died from pulmonary embolisms caused by, the ACLU writes, “standing chained in place, sleep deprivation, and dozens of beatings by guards and possibly interrogators.”
Deaths at Other Facilities - The documents also report on torture conducted at Guantanamo and several US-Afghan prisons in Kabul; the death of prisoner Dilar Dababa in Iraq in 2003 at the hands of US forces; the torture and beating of an Iraqi prisoner at “The Disco,” a detention facility located in the Special Operations Force Compound at Mosul Airfield in Iraq; an investigation into torture and abuse at Abu Ghraib prison near Baghdad; and the murder of prisoner Abed Mowhoush.
Process Flowed Through Undersecretary Cambone - Columnist Scott Horton writes: “A large portion of the torture, maiming, and murder of detainees occurred under authority issued under secret rules of engagement in the Pentagon. Much of this flowed through Undersecretary of Defense for Intelligence Stephen Cambone, a figure who has so far evaded scrutiny in the torture scandal.… Even the Senate Armed Services Committee review fails to get to the bottom of Dr. Cambone, his interrogations ROEs for special operations units he controlled, and the death, disfigurement, and torture of prisoners they handled. This is one of many reasons why a comprehensive investigation with subpoena power is urgently needed. But full airing of the internal investigations already conducted by the Department of Defense is an essential next step.” [Raw Story, 2/12/2009; American Civil Liberties Union, 2/12/2009]

Entity Tags: Senate Armed Services Committee, American Civil Liberties Union, Albert T. Church III, Bush administration (43), Dilar Dababa, Stephen A. Cambone, US Department of Defense

Category Tags: Coverup, Criticisms of US, Indications of Abuse, Reports/Investigations, Isolation, Physical Assault, Poor Conditions, Sleep Deprivation, Stress Positions, Bagram (Afghanistan), Other Detainees

Mohamed returning to London.Mohamed returning to London. [Source: Lewis Whyld / Associated Press]Binyam Mohamed (see May-September, 2001, February 8, 2009, and February 9, 2009) is released from Guantanamo, and returns to Great Britain. He is flown to Britain on a private chartered Gulfstream jet similar to those used by the CIA in “extraordinary renditions.” His sister, Zuhra Mohamed, meets him at the RAF Northolt airbase in west London, and tells reporters: “I am so glad and so happy, more than words can express. I am so thankful for everything that was done for Binyam to make this day come true.” His lawyers claim that he has suffered severe physical and psychological abuse, some of which was inflicted in recent days. He suffers from what his lawyers call a huge range of injuries. Doctors have found Mohamed suffering from extensive bruising, organ damage, stomach complaints, malnutrition, sores to feet and hands, and severe damage to ligaments. His weight has dropped from around 170 pounds to 125 pounds. His lawyers say he suffers from serious emotional and psychological problems, which have been exacerbated by the refusal of Guantanamo officials to provide him with counseling. Mohamed’s British lawyer, Clive Stafford Smith, says his client had been beaten “dozens” of times, with the most recent abuse occurring in the last few weeks (see September 2004 and After). “He has a list of physical ailments that cover two sheets of A4 paper,” says Stafford Smith. “What Binyam has been through should have been left behind in the middle ages.” Mohamed’s American military lawyer, Lieutenant Colonel Yvonne Bradley, adds: “He has been severely beaten. Sometimes I don’t like to think about it because my country is behind all this.” Britain’s former Attorney General, Lord Goldsmith, an advocate for the closure of Guantanamo, says that allegations of abuse against Mohamed, a British resident, should be raised by Foreign Secretary David Miliband with his American counterpart, Secretary of State Hillary Clinton. “If there are credible accounts of mistreatment then they need to be pursued,” Goldsmith says.
Care Provided upon Return - Upon his return to Britain, Mohamed will receive physical care and emotional counseling in a secure, secret location by a team of volunteer doctors and psychiatrists. He will be kept under a “voluntary security arrangement,” where he must report regularly to authorities, but will not be subject to charges or anti-terror control orders. The US dropped all charges against Mohamed last year, including allegations that he had participated in a “dirty bomb” plot. [Guardian, 2/22/2009; Guardian, 2/24/2009]
MI5 to Be Investigated? - At least one MI5 officer may face a criminal investigation over his alleged complicity in torturing Mohamed (see February 24, 2009). And Mohamed’s future testimony is expected to shed light upon MI5’s own participation in his interrogation and alleged torture; Mohamed may sue the British government and MI5, Britain’s counter-intelligence and security service, over its alleged complicity in his detention, abduction, treatment, and interrogation. If filed, Mohamed’s lawsuit could force US and British authorities to disclose vital evidence regarding Mohamed’s allegations of torture. [Guardian, 2/22/2009]

Entity Tags: Binyam Mohamed, Central Intelligence Agency, Clive Stafford Smith, David Miliband, Zuhra Mohamed, UK Security Service (MI5), Peter Henry Goldsmith, Yvonne Bradley

Category Tags: Criticisms of US, Detainments, High-level Decisions and Actions, Legal Proceedings, Involuntary Drugs, Physical Assault, Sleep Deprivation, Guantanamo (US Base in Cuba), Binyam Mohamed

The New York Review of Books publishes a lengthy article documenting the Red Cross’s hitherto-secret report on US torture practices at several so-called “black sites.” The International Committee of the Red Cross (ICRC) issued a report on “The Black Sites” in February 2007 (see October 6 - December 14, 2006), but that report has remained secret until now. These “black sites” are secret prisons in Thailand, Poland, Afghanistan, Morocco, Romania, and at least three other countries (see October 2001-2004), either maintained directly by the CIA or used by them with the permission and participation of the host countries.
Specific Allegations of Torture by Official Body Supervising Geneva - The report documents the practices used by American guards and interrogators against prisoners, many of which directly qualify as torture under the Geneva Conventions and a number of international laws and statutes. The ICRC is the appointed legal guardian of Geneva, and the official body appointed to supervise the treatment of prisoners of war; therefore, its findings have the force of international law. The practices documented by the ICRC include sleep deprivation, lengthy enforced nudity, subjecting detainees to extensive, intense bombardment of noise and light, repeated immersion in frigid water, prolonged standing and various stress positions—sometimes for days on end—physical beatings, and waterboarding, which the ICRC authors call “suffocation by water.” The ICRC writes that “in many cases, the ill-treatment to which they [the detainees] were subjected while held in the CIA program… constituted torture.” It continues, “In addition, many other elements of the ill-treatment, either singly or in combination, constituted cruel, inhuman, and degrading treatment.” Both torture and “cruel, inhuman, and degrading treatment” are specifically forbidden by Geneva and the Convention Against Torture, both of which were signed by the US (see October 21, 1994). The 14 “high-value detainees” whose cases are documented in the ICRC report include Abu Zubaida (see March 28, 2002), Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003), and Tawfiq bin Attash (see March 28, 2002-Mid-2004). All 14 remain imprisoned in Guantanamo. [New York Review of Books, 3/15/2009 pdf file; New York Review of Books, 3/15/2009] Based on the ICRC report and his own research, Danner draws a number of conclusions.
bullet The US government began to torture prisoners in the spring of 2002, with the approval of President Bush and the monitoring of top Bush officials, including Attorney General John Ashcroft. The torture, Danner writes, “clearly violated major treaty obligations of the United States, including the Geneva Conventions and the Convention Against Torture, as well as US law.”
bullet Bush, Ashcroft, and other top government officials “repeatedly and explicitly lied about this, both in reports to international institutions and directly to the public. The president lied about it in news conferences, interviews, and, most explicitly, in speeches expressly intended to set out the administration’s policy on interrogation before the people who had elected him.”
bullet Congress was privy to a large amount of information about the torture conducted under the aegis of the Bush administration. Its response was to pass the Military Commissions Act (MCA—see October 17, 2006), which in part was designed to protect government officials from criminal prosecutions under the War Crimes Act.
bullet While Congressional Republicans were primarily responsible for the MCA, Senate Democrats did not try to stop the bill—indeed, many voted for it. Danner blames the failure on its proximity to the November 2006 midterm elections and the Democrats’ fear of being portrayed as “coddlers of terrorists.” He quotes freshman Senator Barack Obama (D-IL): “Soon, we will adjourn for the fall, and the campaigning will begin in earnest. And there will be 30-second attack ads and negative mail pieces, and we will be criticized as caring more about the rights of terrorists than the protection of Americans. And I know that the vote before us was specifically designed and timed to add more fuel to that fire.” (Obama voted against the MCA, and, when it passed, he said, “[P]olitics won today.”)
bullet The damage done to the US’s reputation, and to what Danner calls “the ‘soft power’ of its constitutional and democratic ideals,” has been “though difficult to quantify, vast and enduring.” Perhaps the largest defeat suffered in the US’s “war on terror,” he writes, has been self-inflicted, by the inestimable loss of credibility in the Muslim world and around the globe. The decision to use torture “undermin[ed] liberal sympathizers of the United States and convinc[ed] others that the country is exactly as its enemies paint it: a ruthless imperial power determined to suppress and abuse Muslims. By choosing to torture, we freely chose to become the caricature they made of us.”
A Need for Investigation and Prosecution - Danner is guardedly optimistic that, under Democratic leadership in the White House and Congress, the US government’s embrace of torture has stopped, and almost as importantly, the authorization and practice of torture under the Bush administration will be investigated, and those responsible will be prosecuted for crimes against humanity. But, he notes, “[i]f there is a need for prosecution there is also a vital need for education. Only a credible investigation into what was done and what information was gained can begin to alter the political calculus around torture by replacing the public’s attachment to the ticking bomb with an understanding of what torture is and what is gained, and lost, when the United States reverts to it.” [New York Review of Books, 3/15/2009]

The White House releases four key Justice Department memos documenting the CIA’s use of harsh interrogation methods—torture—against suspected terrorists. The memos were released as a result of a Freedom of Information Act lawsuit filed by the American Civil Liberties Union (ACLU). The documents show that two high-level detainees were subjected to waterboarding at least 266 times between them. Al-Qaeda operative Abu Zubaida was waterboarded at least 83 times in August 2002, contradicting earlier CIA reports that he “broke” after a single waterboarding session (see December 10, 2007). Confessed 9/11 mastermind Khalid Shaikh Mohammed was waterboarded at least 183 times in March 2003. The so-called “insect” technique—exposure to insects within an enclosed box—was approved for use on Zubaida, but apparently never used. Numerous prisoners were subjected to “walling” and “sleep deprivation,” with at least one detainee subjected to the technique for 180 hours (over seven days). Three of the memos were written by then-Office of Legal Counsel (OLC) chief Steven Bradbury in May 2005 (see May 10, 2005, May 10, 2005, and May 30, 2005), and the fourth by Bradbury’s predecessor, Jay Bybee, in August 2002 (see August 1, 2002). [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009] Senate Judiciary Committee chairman Patrick Leahy (D-VT) says: “These legal memoranda demonstrate in alarming detail exactly what the Bush administration authorized for ‘high value detainees’ in US custody. The techniques are chilling. This was not an ‘abstract legal theory,’ as some former Bush administration officials have characterized it. These were specific techniques authorized to be used on real people.” [CNN, 4/17/2009] House Judiciary Committee chairman John Conyers (D-MI) agrees, saying: “This release, as well as the decision to ban the use of such techniques in the future, will strengthen both our national security and our commitment to the rule of law and help restore our country’s standing in the international community. The legal analysis and some of the techniques in these memos are truly shocking and mark a disturbing chapter in our nation’s history.” [Think Progress, 4/16/2009] Senate Intelligence Committee chairwoman Dianne Feinstein (D-CA), whose committee is conducting an investigation of abusive interrogation methods used during the Bush administration, says Bush officials “inaccurately interpreted” the Geneva Conventions prohibiting torture. “I find it difficult to understand how the opinions found these interrogation techniques to be legal,” she says. “For example, waterboarding and slamming detainees head-first into walls, as described in the OLC opinions, clearly fall outside what is legally permissible.” [United Press International, 4/16/2009]
White House Condemns Methods, Opposes Investigations - Attorney General Eric Holder says of the memos: “The president has halted the use of the interrogation techniques described in these opinions, and this administration has made clear from day one that it will not condone torture. We are disclosing these memos consistent with our commitment to the rule of law.” Holder adds that, according to a Justice Department statement, “intelligence community officials who acted reasonably and relied in good faith on authoritative legal advice from the Justice Department that their conduct was lawful, and conformed their conduct to that advice, would not face federal prosecutions for that conduct.” Holder states, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.” [US Department of Justice, 4/16/2009] President Obama condemns what he calls a “dark and painful chapter in our history,” and promises that such torture techniques will never be used again. However, he restates his opposition to a lengthy investigation into the program, saying that “nothing will be gained by spending our time and energy laying blame for the past.” In contrast, Leahy says that the memos illustrate the need for an independent investigation. Dennis Blair, the director of national intelligence, points out that the memos were written at a time when the CIA was working to prevent a repeat of the 9/11 attacks. “Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” he says. “But we will absolutely defend those who relied on these memos.” [New York Times, 4/19/2009] The ACLU demands criminal prosecution of Bush officials for their torture policies (see April 16, 2009). [American Civil Liberties Union, 4/16/2009]
Techniques Include Waterboarding, Insect Exposure, 'Walling' - The memos show that several techniques were approved for use, including waterboarding, exposure to insects within a “confinement box,” being slammed into a wall, sleep deprivation, stress positions, forced nudity, and others. [American Civil Liberties Union, 4/16/2009; New York Times, 4/19/2009; BBC, 4/23/2009]
Waterboarded Well beyond Allowed Procedures - Because the information about the waterboarding of Zubaida and Mohammed comes from the classified and heavily redacted CIA’s inspector general report, which has not yet been released to the public, the information is at least in part based on the videotapes of Zubaida’s interrogation sessions that were later destroyed by CIA officials (see March 6, 2009). The CIA memo explained that detainees could be waterboarded between 12 and 18 times in a single day, but only on five days during a single month—which mathematically only adds up to 90 times in a month, and thus does not explain how Mohammed could have been waterboarded 183 times in a month if these procedures were being followed. The memos also reveal that in practice, the waterboarding went far beyond the methodologies authorized by the Justice Department and used in SERE training (see December 2001 and July 2002).
Information Unearthed by Blogger - Initial media reports fail to divulge the extraordinary number of times Zubaida and Mohammed were waterboarded. It falls to a blogger, Marcy Wheeler, to unearth the information from the CIA memo and reveal it to the public (see April 18, 2009). [Marcy Wheeler, 4/18/2009]

European scientists whose work was used by the CIA and Justice Department to help justify the legality of torture methods denounce the Bush administration for misusing their scientific findings. Bernd Kundermann, a sleep specialist and professor of psychiatry at the University of Marburg, says, “It is total nonsense to cite our study in this context.” Paris sleep specialist S. Hakki Onen says of his sleep research: “I’m disappointed, upset, consternated, and even hurt at seeing this. To see [the research] used in this manner is upsetting because [the CIA’s] goals run counter to the therapeutic intent of our effort.… In publishing clinical findings like this, you’re aware you lose control of them, because they can be read and even abused by people who may have other objectives in mind.” Studies by Kundermann and Onen were used by the CIA in its determination of sleep deprivation tactics to be used against prisoners. British sleep researcher James Horne calls the use of his work by the CIA to justify torture “nonsense.” A 2004 study by Kundermann, which demonstrated that people deprived of sleep for a night have an increased sensitivity to pain, was cited in two 2005 Justice Department memos (see May 10, 2005 and May 10, 2005) that concluded sleep deprivation up to 180 hours (seven and one-half days) would cause increased pain but not meet the legal standard of “severe physical pain,” even when used in conjunction with other techniques such as physical beatings and waterboarding. Kundermann says his work does not justify the Justice Department’s conclusion. “We were working with healthy volunteers and didn’t deprive them of sleep for more than one day without allowing them to recover,” he says. “Even under these circumstances, certain changes can occur, such as hallucinations, depending on the individual’s condition.” The methods employed by CIA interrogators could have much more severe effects, including induced psychosis. Onen says the CIA sleep deprivation techniques far exceeded “the maximum we set for ethical purposes.” Horne writes that the CIA’s use of his study to conclude that “even very extended sleep deprivation does not cause physical pain” is seriously flawed. “Prolonged stress with sleep deprivation will lead to a physiological exhaustion of the body’s defense mechanisms, physical collapse, and with the potential for various ensuing illnesses,” he notes. “We don’t know at what point this latter phase would be reached with ‘coercive techniques,’ but to claim that 180 hours is safe in these respects is nonsense.” [Time, 4/21/2009]

Entity Tags: Central Intelligence Agency, Bernd Kundermann, James Horne, Bush administration (43), US Department of Justice, S. Hakki Onen

Category Tags: Criticisms of US, Sleep Deprivation

Guantanamo detainee Rafiq al-Hami claims to have been tortured at several CIA-operated “black sites,” or secret prisons, months before Justice Department memos (see August 1, 2002 and August 1, 2002) authorized the torture of prisoners in US custody. Al-Hami’s lawyers file the lawsuit in a US District Court in Newark, New Jersey. “It’s impossible to claim that people who perpetrated torture relied on memos that didn’t exist,” says al-Hami’s lawyer Josh Denbeaux. “Rafiq was tortured before the memos authorizing torture were written.” Denbeaux and his father, Seton Hall law professor Mark Denbeaux, are lawyers for the plaintiff. Al-Hami, a Tunisian, says he was arrested in Iran in November 2001 and taken to Afghanistan. From there, he was transported to three CIA “black sites” where “his presence and his existence were unknown to everyone except his United States detainers,” and his name was not included on any publicly available list of detainees. The suit alleges, “He was told that no one knew where he was; that he would be secretly detained for 20 years, perhaps until his death, and no one would ever know.” This would make al-Hami a so-called “ghost detainee.” He says he was tortured beginning in December 2001. At various times, he says, he was stripped naked, threatened with dogs, shackled in “stress positions,” beaten with rifle butts, kicked, tormented with bright lights and music played at excruciating volumes, and exposed to extremes of temperature. Al-Hami also alleges that interrogators sprayed pepper spray on his hemorrhoids, causing intense pain. Al-Hami says the torture continued after he was transferred to Guantanamo in January 2003. He says he has no ties to any terrorist group, and was arrested by an Iranian seeking a bounty payment. The suit says that after intensive torture sessions, al-Hami “confessed” to training at an al-Qaeda camp for 10 days. Al-Hami’s lawsuit seeks $10 million in damages and names as defendants former Secretary of Defense Donald Rumsfeld, former CIA Director George Tenet, Secretary of Defense Robert Gates, Navy Rear Admiral Mark Buzby, the former commander of the detention center at Guantanamo, and approximately 20 others. Josh Denbeaux says the allegations in the lawsuit were pieced together from al-Hami’s recollections, declassified documents, and information from human rights organizations. [Associated Press, 4/23/2009; New Jersey Star-Ledger, 4/23/2009] Civil rights activist Andy Worthington, author of The Guantanamo Files, will write, “It’s likely that all of al-Hami’s claims are true.” Worthington will note that the arrangement between the Iranian and US governments for al-Hami’s transfer remains unexplained. In his book, Worthington will spell the name of the detainee as “Alhami,” noting that the Defense Department spells the name “al-Hami” in its documents. [Future of Freedom Foundation, 4/27/2009]

Entity Tags: Jamaat-al-Tablighi, Andy Worthington, Al-Qaeda, Central Intelligence Agency, George J. Tenet, Donald Rumsfeld, Rafiq al-Hami, US Department of Justice, Mark H. Buzby, Josh Denbeaux, Robert M. Gates, Mark Denbeaux

Category Tags: Coverup, Detainments, Indications of Abuse, Legal Proceedings, Abrogation of Rights, Extreme Temperatures, Ghost Detainees, Physical Assault, Sexual Humiliation, Sleep Deprivation, Stress Positions, Use of Dogs, Other Detainees

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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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