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

Suppression of Freedom of Religious Expression

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

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The US Special Forces officer who questioned John Walker Lindh the day before ties his hands with rope and puts a hood over his head. Lindh is then driven back to Mazar-i-Sharif, where he is taken into a school building. For the next two to three days, Lindh will be kept blindfolded and bound in custody of the US military. He asks for the time of day, explaining that he needs to know for religious reasons. But he is told to shut up. US soldiers frequently call him “sh_tbag,” or “sh_thead.” He is fed military rations twice a day, which he feels is insufficient given his state of malnourishment. Requests for more food and more medical attention are refused. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] Throughout the week at the school, Lindh expresses concern about his bullet wound, which appears to be festering. On the first two days, he is visited twice by a Red Cross worker, who on December 3 gives him the opportunity to dictate a letter to his parents. It is faxed eight days later. [United States of America v. John Walker Lindh, 6/13/2002 pdf file] For the rest of his incarceration at Mazar-i-Sharif, the Red Cross workers are prevented from seeing Lindh. [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: Insufficient Food, Medical Services Denied, Suppression of Religious Expression, John Walker Lindh

US soldiers enter the school building in Mazar-i-Sharif where “American Taliban” John Walker Lindh (see Late morning, November 25, 2001) is being held (see December 2-5, 2001, blindfold him, and take photographs of Lindh and themselves posing next to him. One soldier scrawls “sh_thead” across Lindh’s blindfold and poses with him. Another soldier makes fun of his Islamic religion. Someone says Lindh is “going to hang” and another one that he wants to shoot him on the spot. They then put Lindh in a van and tie his hands with plastic handcuffs so tight they severely cut off the blood circulation. The scars and numbness that result from this treatment are still present months later. He is then put on a plane and flown to the US marine base Camp Rhino, seventy miles south of Kandahar. During the flight, Lindh screams because the pain in his hands have become unbearable, but his guards refuse to loosen the cuffs. Immediately upon arrival at Camp Rhino, when the winter night has already fallen, US soldiers cut off all of Lindh’s clothing. Wearing only his blindfold and shaking violently from the cold, Lindh is bound to a stretcher with heavy duct tape wrapped tightly around his chest, upper arms and ankles. In this position military personnel again take photographs of him. One photograph is later released by his attorneys and corroborates the described treatment. He is then placed, stretcher and all, in a metal shipping container. Twenty minutes later, a US Marine begins to question him. [United States of America v. John Walker Lindh, 6/13/2002 pdf file]

Entity Tags: John Walker Lindh, Taliban

Timeline Tags: War in Afghanistan

Category Tags: Extreme Temperatures, Suppression of Religious Expression, John Walker Lindh, Other US Bases and Centers

Six days after the first detainees have arrived from Afghanistan, representatives from the International Committee for the Red Cross (ICRC) visit Guantanamo. They meet with the prison commanders on January 21 and recommend a number of improvements. [Washington Post, 6/13/2004] The ICRC has noticed some restrictions on religious expression it objects to. During the first week of the prison’s operation, praying according to Islamic custom is not allowed or is at least prevented. When someone calls out the call to prayers, or Azzan, according to detainee Asif Iqbal, guards respond “by either silencing the person who was doing it, or, more frequently, play loud rock music to drown them out.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file] Notwithstanding the intercession by the ICRC, religious freedoms apparently continue to be restricted, as Mohammed Saghir, a grey-bearded sawmill owner, will later recall. “In the first one-and-a-half months they wouldn’t let us speak to anyone, wouldn’t let us call for prayers or pray in the room,” Saghir says. “I tried to pray and four or five commandos came and they beat me up. If someone would try to make a call for prayer they would beat him up and gag him.” [Guardian, 12/3/2003]

Entity Tags: Asif Iqbal, Mohammed Saghir

Category Tags: Human Rights Groups, Suppression of Religious Expression, Guantanamo (US Base in Cuba), Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

At the Guantanamo detention facility, a Muslim chaplain is brought in to read prayers for the detainees. But when he reads prayers for the first time, the prisoners are silent. According to detainee Asif Iqbal, the detainees have been punished so often for attempting to practice their religious traditions, they are “all uncertain as to whether we [are] allowed to participate. Nobody [knows] or [trusts] this individual and as a result” the chaplain prays alone. Each of the detainees are soon provided with a copy of the Koran, but they are “kicked and thrown about by the guards and on occasion thrown in the buckets used for the toilets,” according to the detainees known as the Tipton Three. “This kept happening. When it happened it was always said to be an accident but it was a recurrent theme.” Iqbal says he believes that the “behavior of the guards towards our religious practices as well as the Koran was also, in my view, designed to cause us as much distress as possible.” [Rasul, Iqbal, and Ahmed, 7/26/2004 pdf file]

Entity Tags: Mohammed Saad Iqbal Madni

Category Tags: Suppression of Religious Expression, Guantanamo (US Base in Cuba), Asif Iqbal, Rhuhel Ahmed, Shafiq Rasul

A five-page memo prepared by military officers at Guantanamo lists twenty-nine concerns that the International Committee of the Red Cross (ICRC) raised during its visit earlier that month (see January 17-21, 2002). The memo lays out a decision by the detention commanders to provide detainees with items valued by Muslims: cloth for their Korans, daily prayer calls, and shorts for the shower. Detainees will also be told that the orange color of their jumpsuits does not signify a death sentence, which it traditionally does in some Middle Eastern countries. This has apparently not gone unnoticed by US officials. “The detainees think they are being taken to be shot,” the same or a different memo from the Pentagon says. “Should we continue not to tell them what is going on and keep them scared?” [Washington Post, 6/13/2004]

Entity Tags: International Committee of the Red Cross

Category Tags: Human Rights Groups, Intimidation/Threats, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

Detainees being held at Guantanamo launch a hunger strike. Some reports say the direct cause is a guard who deliberately kicked a copy of the Koran. [Guardian, 12/3/2003; Mirror, 3/12/2004] Others say the reason is the fact that detainees are forbidden to wear head coverings, which Islamic tradition requires for prayer. Muhammad Ansar recalls: “At the camp, we were not allowed to say prayers. We couldn’t cover our heads.” [New York Times, 6/21/2004] In this version, the conflict begins when guards at Guantanamo reportedly order “an inmate to remove a turban he… fashioned from a sheet in violation of a camp rule to prevent detainees from concealing contraband.” Allegedly, the guards are not aware the man is praying when they forcefully remove his turban. A handful of prisoners respond the next day by starting a hunger strike. Two days later, on February 28, 194 prisoners join the strike by refusing their lunch, equaling about 70 percent of the prison population. In response to the strikes, Marine Corps Brig. Gen. Michael R. Lehnert, the Commander of Military Police at Guantanamo, repeals the contested rule, but announces turbans will be checked periodically. Prisoner Ansar later says that, as a result of the strike, “Prayers were allowed….” [New York Times, 6/21/2004] Nevertheless, 75 detainees still refuse lunch and dinner on Friday, and 85 refuse breakfast on Saturday. [CNN, 3/2/2002] Strikers are relocated to a single cellblock where they can be more effectively monitored. [Reuters, 3/7/2002] According to a March 2 CNN report, six hunger striking prisoners are forced to take intravenous liquids after they are found to have become seriously dehydrated. [CNN, 3/2/2002] Reuters reports that by March 7, 18 men are in need of being fed intravenously and that force has been used to provide fluids to “at least two” of them. [Reuters, 3/7/2002] At this point, less than 50 are still participating. However, most of the strikers have been taking some food some of the time. Only three have refused to eat all of the time. [Reuters, 3/7/2002] The strike thus slowly fades out. Lehnert later admits that the removed turban was not the only cause for the hunger strike, and that detainees were also motivated by frustration about their indefinite detention and uncertainty regarding their possible charges. [CNN, 3/2/2002] He stresses, however, that the detainees were mostly interested in media coverage. Lt. Col. Bill Cline claims that it is “their way of getting attention.” [Reuters, 3/7/2002]

Entity Tags: Bill Cline, Michael R. Lehnert

Category Tags: Suppression of Religious Expression, Guantanamo (US Base in Cuba)

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

Abd al-Rahman, a minor official at the agriculture ministry in Baghdad, is taken into custody by Coalition Forces and held for three months during which time he is “beaten frequently, given shocks with an electric cattle-prod, and [has] one of his toenails prised off.” Rations are often laced with pork, which is forbidden to Muslims, and the area around his tent is infested with scorpions. [Sunday Times (London), 1/18/2004; Human Rights Watch, 5/7/2004]

Entity Tags: Abd al-Rahman

Category Tags: Dangerous Conditions, Electrodes, Physical Assault, Suppression of Religious Expression, Other Detainees

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

Newsweek prints an item in its “Periscope” section that reports an American guard at Guantanamo Bay flushed a detainee’s Koran down a toilet. According to the report, the US Southern Command intends to mount an investigation into the desecration, which violates US and international laws. The report sparks widespread rioting in Pakistan and Afghanistan that results in the deaths of at least 17 people. The Pentagon and the Bush administration immediately blame Newsweek for the riots and the deaths; Lieutenant General Karl Eikenberry, the senior commander of US forces in Afghanistan, says the report did not spark the Afghan rioting, as does Afghan President Hamid Karzai. Newsweek says the information came from an American official who remains unidentified. “We regret that we got any part of our story wrong, and extend our sympathies to victims of the violence and to the US soldiers caught in its midst,” Mark Whitaker, Newsweek’s editor, writes in a subsequent article. Whitaker adds: “We’re not retracting anything. We don’t know what the ultimate facts are.” The Pentagon denies the report; spokesman Bryan Whitman says: “Newsweek hid behind anonymous sources, which by their own admission do not withstand scrutiny. Unfortunately, they cannot retract the damage they have done to this nation or those that were viciously attacked by those false allegations.” The report is “demonstrably false” and “irresponsible.” Whitman says the report has “had significant consequences that reverberated throughout Muslim communities around the world.” Senior Pentagon spokesman Lawrence Di Rita calls Whitaker’s note “very tepid and qualified.… They owe us all a lot more accountability than they took.” White House press secretary Scott McClellan says, “Our United States military personnel go out of their way to make sure that the Holy Koran is treated with care.” State Department spokesman Richard Boucher says Newsweek is wrong to use “facts that have not been substantiated.” And Defense Secretary Donald Rumsfeld issues the admonishment, “[P]eople need to be careful what they say… just as people need to be careful what they do.” According to Whitaker, while the magazine tries to avoid using unnamed sources when it can, there are instances where sources will not speak to reporters unless their anonymity is guaranteed. The administration source has been reliable in the past, Whitaker says, and, moreover, the reporters of the story, Michael Isikoff and John Barry, received confirmation from both the source and a senior Pentagon official. Whitaker’s explanation notes that Newsweek has chosen not to publish previous reports of Koran desecration at Guantanamo because the sources are former detainees whom it considers unreliable. General Richard Myers, the chairman of the Joint Chiefs of Staff, says that guards and officials at Guantanamo have looked for documentation of the reported Koran-flushing and cannot find it. [New York Times, 5/16/2005; Rich, 2006, pp. 164] The Pentagon will conclude that the Newsweek report is indeed responsible for the riots; Isikoff and Barry’s source for the story will back off on his original claim (see May 15, 2005). A month later, the Pentagon will confirm that at least five instances of Koran desecration at Guantanamo did indeed occur (see June 3, 2005).

Entity Tags: Richard B. Myers, John Barry, Hamid Karzai, Donald Rumsfeld, Bush administration (43), Bryan Whitman, Karl Eikenberry, Lawrence Di Rita, Mark Whitaker, Michael Isikoff, Scott McClellan, US Department of Defense, US Southern Command, Richard A. Boucher, Newsweek

Category Tags: Coverup, High-level Decisions and Actions, Media, Reports/Investigations, Statements/Writings about Torture, Abrogation of Rights, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

The Pentagon reports that an internal investigation shows no US guard at the Guantanamo Bay detention facility ever flushed a Koran down a toilet, as Newsweek recently reported. Furthermore, the rioting in Pakistan and Afghanistan that broke out after the report was released and claimed the lives of 17 people was directly sparked by the Newsweek report (see May 6-9, 2005). Pentagon spokesman Lawrence Di Rita informs Newsweek that its report is wrong. Newsweek reporter Michael Isikoff, the co-author of the report, goes back to his anonymous administration source to confirm the story. However, “the official, still speaking anonymously, could no longer be sure that these concerns had surfaced in the [US Southern Command] report [on prisoner abuse],” Newsweek writes. The story of the Koran being desecrated might have been in other reports, the source tells Isikoff. “Told of what the Newsweek source said, Di Rita explode[s],” the magazine writes. “‘How could he be credible now?’ Di Rita thunders.” National Security Adviser Stephen Hadley says the White House is “vigorously” investigating the report; if true, Hadley says, stern disciplinary action will be taken. Hadley adds that radical Islamic elements in Pakistan and Afghanistan are using the report as an excuse to incite violence. [New York Times, 5/16/2005] Three weeks later, the Pentagon will confirm that at least five instances of Koran desecration at Guantanamo did indeed occur (see June 3, 2005).

Entity Tags: Michael Isikoff, Bush administration (43), Lawrence Di Rita, US Southern Command, US Department of Defense, Stephen J. Hadley, Newsweek

Category Tags: Coverup, High-level Decisions and Actions, Media, Reports/Investigations, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

A Koran kept for detainees’ use at Guantanamo. The surgical mask is provided to keep the Koran off the floor, and the guards from touching the book.A Koran kept for detainees’ use at Guantanamo. The surgical mask is provided to keep the Koran off the floor, and the guards from touching the book. [Source: GlobalSecurity (.org)]The Pentagon confirms that at least five incidents of deliberate and accidental Koran desecration have occurred at Guantanamo Bay. The Pentagon and White House recently denied a Newsweek report of one such incident. Both lambasted the news magazine for printing the claim without what it called sufficent proof, and blamed Newsweek’s reporting for sparking lethal riots in Pakistan and Afghanistan (see May 6-9, 2005 and May 15, 2005). While the Pentagon and White House denunciations of the Newsweek report were timed to garner extensive media attention, the Pentagon report is released to the press and the public at 7:15 p.m. on a Friday, ensuring that it will not make Friday evening newscasts and, as author Frank Rich will later write, “be buried in the weekend papers.” (The Pentagon denies trying to downplay the report.) In the documented incidents, guards stepped on, kicked, and in one case urinated on Korans owned by the detainees. The urination incident is described as accidental—according to the report, a guard urinated near an outside air vent and his urine was caught in the airstream and carried into a prisoner’s cell. The detainee, who was also splashed, was given a fresh garment and a new Koran, and the guard was reprimanded. In another instance, guards throwing water balloons got detainees’ Korans wet. In a third instance, a two-word obscenity in English was written on the inside cover of a Koran, though the investigation could not determine whether a guard or a detainee wrote the phrase. In a fourth incident, an interrogator kicked a detainee’s Koran (see February 26, 2002-March 7, 2002). In a fifth incident, a contract interrogator stepped on a detainee’s Koran during questioning; the contractor is later fired for misconduct. Four other complaints of Koran desecration are not confirmed. “Mishandling a Koran at Guantanamo Bay is a rare occurrence,” says Brigadier General Jay Hood, commander of the Guantanamo Joint Task Force. “Mishandling of a Koran here is never condoned.” Hood says that no evidence of a Koran being flushed down a toilet, as Newsweek reported, has been found. Hood has already been caught in at least one misstatement; he claimed before the report that four of the five instances took place before January 2003, when written procedures covering handling of religious materials were implemented. The report says that four of those five incidents actually took place after January 2003. Captain Jeffrey Weir, a spokesman for the task force, says he cannot explain Hood’s contradictory statement. “Maybe he misspoke,” Weir says. “I’m not sure why he would have put it that way.” Pentagon spokesman Lawrence Di Rita says that the Hood report confirms that US guards handle the Koran with respect and dignity. “The Southern Command policy of Koran handling is serious, respectful, and appropriate,” he says. “The Hood inquiry would appear to affirm that policy.” [New York Times, 5/16/2005; Rich, 2006, pp. 166]

Entity Tags: Jeffrey Weir, Bush administration (43), Frank Rich, Jay W. Hood, US Southern Command, Lawrence Di Rita, US Department of Defense, Newsweek

Category Tags: Coverup, High-level Decisions and Actions, Media, Reports/Investigations, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

Lawyers refile a civil suit against Secretary of Defense Donald Rumsfeld on behalf of “enemy combatant” Ali Saleh Kahlah al-Marri, who has been in US custody since late 2001 (see December 12, 2001) and was designated as an enemy combatant a year and a half later (see June 23, 2003). Al-Marri is asking the federal district court in South Carolina to declare unconstitutional what he, through his lawyers, calls the severe and unnecessary deprivations and restrictions to which he has been subjected since he was placed in military custody. Al-Marri had already filed a suit challenging the legality of his detention on habeas corpus grounds, a lawsuit that was ultimately dismissed (see October 4, 2004). Human Rights Watch director Jamie Fellner says: “It is bad enough that al-Marri has been held indefinitely without charges and incommunicado. Now we learn that his life in the brig has also been one of cruelty and petty vindictiveness.” [Human Rights Watch, 8/8/2005]
Allegations of Cruel Treatment - Al-Marri is currently the only known person designated as an enemy combatant still in legal limbo. He has been in solitary confinement since his December 2001 arrest, and in Guantanamo since mid-2003. Al-Marri was sent to the Charleston, South Carolina Naval brig once he was designated as an enemy combatant, isolated in a lightless cell hardly larger than a closet, and since then, his lawyers say, he has been subjected to deprivations of the most basic kinds, including shoes, socks, blankets, toilet paper, toothpaste, and sunlight. Sometimes he is denied water. During the day his mattress is removed. His captors often turn the temperature down in his cell to near-freezing conditions, but do not give him extra clothes or blankets. He is provided three short “recreation” sessions a week—in handcuffs and leg irons—but those are often denied him. He is allowed three showers a week, again in handcuffs and leg irons. He has been denied access to medical care. A devout Muslim, he is not given the basic necessities for religious observances—his captors even refuse to tell him which way to face towards Mecca, an essential element of daily devotions. Letters from his wife and children are heavily censored. Privileged notes he has written to his lawyer have been confiscated and not returned. He is subjected to constant video surveillance. He was repeatedly interrogated, his lawyers say, but has not been interrogated for a year. His captors have repeatedly threatened his family, telling him that he would be sent to Egypt or Saudi Arabia, where he would be tortured and sodomized and his wife raped in front of him. According to the lawsuit, his captors falsely told him that, because of him, his father and four of his brothers were in jail, and that if he cooperated, they would be released.
Commentary - “Mr. al-Marri has been detained at a naval brig for two-and-a-half years in cell that is 9 feet by 6 feet,” says law professor Jonathan Hafetz, who will become one of al-Marri’s lawyers. “During that time he has long been denied books, news, any contact with the outside world other than his attorneys, including his wife and five children, who he has neither seen nor spoken to. I mean things that we don’t even do to people who’ve been convicted of crimes.” Fellner says: “It’s the combination of restrictions imposed on al-Marri that offends basic norms of decency. There is no security justification for them. The Pentagon apparently believes it can hold him under any conditions they choose for as long as they choose.” [Human Rights Watch, 8/8/2005; Associated Press, 8/9/2005; Al-Marri v. Rumsfeld, 8/9/2005 pdf file; CNN, 12/13/2005]
Military Denies Mistreatment - The military denies that al-Marri has been mistreated. [CNN, 12/13/2005] Defense spokesman Navy Lieutenant Commander J. D. Gordon says in 2007, “The government in the strongest terms denies allegations of torture, allegations made without support and without citing a shred of record evidence. It is our policy to treat all detainees humanely.” [Progressive, 3/2007]

Entity Tags: Jamie Fellner, Bush administration (43), Ali Saleh Kahlah al-Marri, Donald Rumsfeld, J.D. Gordon, US Department of Defense, Mohammed al-Marri, Human Rights Watch, Jonathan Hafetz

Timeline Tags: Civil Liberties

Category Tags: Legal Proceedings, Abrogation of Rights, Extreme Temperatures, Isolation, Poor Conditions, Suppression of Religious Expression, Ali Saleh Kahlah al-Marri

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)

MSNBC reports that Mohammed al-Khatani, the alleged would-be twentieth 9/11 hijacker, will likely never be put on trial. A US army investigation concluded that he “was forced to wear a bra. He had a thong placed on his head. He was massaged by a female interrogator who straddled him like a lap dancer. He was told that his mother and sisters were whores. He was told that other detainees knew he was gay. He was forced to dance with a male interrogator. He was strip-searched in front of women. He was led on a leash and forced to perform dog tricks. He was doused with water. He was prevented from praying. He was forced to watch as an interrogator squatted over his Koran.” Mark Fallon, head of the Pentagon’s Criminal Investigation Task Force, claims that he was told by other officials several times not to worry building a legal case against al-Khatani since there would never be a trial against him due to the interrogation techniques used on him. [MSNBC, 10/26/2006] According to al-Khatani’s lawyer, al-Khatani appears to be a broken man, who “painfully described how he could not endure the months of isolation, torture and abuse, during which he was nearly killed, before making false statements to please his interrogators.” [Time, 3/3/2006]

Entity Tags: Mohamed al-Khatani

Category Tags: Legal Proceedings, Forced Confessions, Mental Abuse, Sexual Humiliation, Physical Assault, Intimidation/Threats, Suppression of Religious Expression, Abrogation of Rights, Isolation, Sexual Temptation, Guantanamo (US Base in Cuba), Mohamed al-Khatani

The American Civil Liberties Union (ACLU) releases FBI documents detailing 26 eyewitness accounts of prisoners abused by US personnel at Guantanamo. The FBI chose not to follow up 17 of the accounts. “These documents contain eyewitness FBI accounts of prisoner abuse which cannot be dismissed by the administration, and only underscore the need for a comprehensive investigation into the treatment of detainees at Guantanamo Bay and other US controlled detention facilities,” says the ACLU’s Amrit Singh. “The documents also call into question the FBI’s apparent decision to not follow up on prisoner abuses by Defense Department personnel. The fact that Defense Department policy allowed this treatment does not mean that it was legal, humane, or ethical.” The documents, compiled by FBI investigators after the Abu Ghraib scandal of 2004, contain eyewitness accounts by guards and interrogators of “aggressive mistreatment, interrogations, or interview techniques of GTMO detainees by representatives of any law enforcement, military, or bureau personnel which were not consistent with bureau guidelines.” Many of the eyewitness accounts focus on insulting the detainees’ religion:
bullet Interrogators wrapped one detainee’s head in duct tape “because he would not stop quoting the Koran.”
bullet An interrogator bragged about forcing a detainee to listen to “satanic black metal music for hours and hours.” That same interrogator later “dressed as a Catholic priest and baptized the detainee in order to save him.”
bullet A Marine captain was observed enraging a detainee by squatting over a Koran in a fashion that the prisoner found extremely offensive.
After compiling these accounts, the FBI apparently chose not to pursue them further, citing the fact that what it observed was authorized by Defense Department policies. Only nine of the 26 accounts were slated for follow-up investigations. One incident marked “no further interview necessary” involved draping an Israeli flag around a detainee, shackling detainees to the floor, and subjecting them to excruciatingly loud music and strobe lights. ACLU attorney Jameel Jaffer says: “The FBI appears to have turned a blind eye to the very abuses that most need investigating—those abuses that were expressly authorized by Defense Department policy. The FBI documents only remind us that a thorough and independent investigation is long overdue.” [American Civil Liberties Union, 1/3/2007]

Entity Tags: Jameel Jaffer, Amrit Singh, American Civil Liberties Union, US Department of Defense, Federal Bureau of Investigation

Category Tags: Human Rights Groups, Reports/Investigations, Suppression of Religious Expression, Guantanamo (US Base in Cuba)

The Senate Armed Services Committee releases a classified 261-page report on the use of “harsh” or “enhanced interrogation techniques”—torture—against suspected terrorists by the US. The conclusion of the report will be released in April 2009 (see April 21, 2009). The report will become known as the “Levin Report” after committee chairman Carl Levin (D-MI). Though the report itself is classified, the committee releases the executive summary to the public.
Top Bush Officials Responsible for Torture - One of the report’s findings is that top Bush administration officials, and not a “few bad apples,” as many of that administration’s officials have claimed, are responsible for the use of torture against detainees in Guantanamo, Afghanistan, Iraq, and elsewhere.
Began Shortly after 9/11 - The report finds that US officials began preparing to use “enhanced interrogation” techniques just a few months after the 9/11 attacks, and well before Justice Department memos declared such practices legal. The program used techniques practiced in a US military program called Survival, Evasion, Resistance, and Escape (SERE—see December 2001), which trains US military personnel to resist questioning by foes who do not follow international bans on torture. As part of SERE training, soldiers are stripped naked, slapped, and waterboarded, among other techniques. These techniques were “reverse-engineered” and used against prisoners in US custody. Other techniques used against prisoners included “religious disgrace” and “invasion of space by a female.” At least one suspected terrorist was forced “to bark and perform dog tricks” while another was “forced to wear a dog collar and perform dog tricks” in a bid to break down their resistance.
Tried to 'Prove' Links between Saddam, Al-Qaeda - Some of the torture techniques were used before the March 2003 invasion of Iraq (see March 19, 2003). Much of the torture of prisoners, the report finds, was to elicit information “proving” alleged links between al-Qaeda and the regime of Saddam Hussein. US Army psychiatrist Major Paul Burney says of some Guantanamo Bay interrogations: “Even though they were giving information and some of it was useful, while we were there a large part of the time we were focused on trying to establish a link between al-Qaeda and Iraq. We were not being successful in establishing a link between al-Qaeda and Iraq. The more frustrated people got in not being able to establish this link… there was more and more pressure to resort to measures that might produce more immediate results.” Others did not mention such pressure, according to the report. [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009] (Note: Some press reports identify the quoted psychiatrist as Major Charles Burney.) [McClatchy News, 4/21/2009] A former senior intelligence official later says: “There were two reasons why these interrogations were so persistent, and why extreme methods were used. The main one is that everyone was worried about some kind of follow-up attack [after 9/11]. But for most of 2002 and into 2003, Cheney and Rumsfeld, especially, were also demanding proof of the links between al-Qaeda and Iraq that [former Iraqi exile leader Ahmed] Chalabi (see November 6-8, 2001) and others had told them were there.… There was constant pressure on the intelligence agencies and the interrogators to do whatever it took to get that information out of the detainees, especially the few high-value ones we had, and when people kept coming up empty, they were told by Cheney’s and Rumsfeld’s people to push harder.” [McClatchy News, 4/21/2009]
Warnings of Unreliability from Outset - Almost from the outset of the torture program, military and other experts warned that such techniques were likely to provide “less reliable” intelligence results than traditional, less aggressive approaches. In July 2002, a memo from the Joint Personnel Recovery Agency (JRPA), which oversees the SERE training program, warned that “if an interrogator produces information that resulted from the application of physical and psychological duress, the reliability and accuracy of this information is in doubt. In other words, a subject in extreme pain may provide an answer, any answer, or many answers in order to get the pain to stop” (see July 2002). [Senate Armed Services Committee, 12/11/2008 pdf file; Agence France-Presse, 4/21/2009]
Ignoring Military Objections - When Pentagon general counsel William Haynes asked Defense Secretary Donald Rumsfeld to approve 15 of 18 recommended torture techniques for use at Guantanamo (see December 2, 2002), Haynes indicated that he had discussed the matter with three officials who agreed with him: Deputy Defense Secretary Paul Wolfowitz, Undersecretary of Defense Douglas Feith, and General Richard Myers. Haynes only consulted one legal opinion, which senior military advisers had termed “legally insufficient” and “woefully inadequate.” Rumsfeld agreed to recommend the use of the tactics. [Senate Armed Services Committee, 12/11/2008 pdf file]

Entity Tags: William J. Haynes, Paul Wolfowitz, Richard (“Dick”) Cheney, Richard B. Myers, Paul Burney, Joint Personnel Recovery Agency, Douglas Feith, Donald Rumsfeld, Ahmed Chalabi, Senate Armed Services Committee, Carl Levin, US Department of Justice, Bush administration (43)

Category Tags: Criticisms of US, High-level Decisions and Actions, Reports/Investigations, SERE Techniques, Sexual Humiliation, Suppression of Religious Expression, Waterboarding, Guantanamo (US Base in Cuba)

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Time period


Categories

Key Events

Key Events (98)

General Topic Areas

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

Renditions

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

Types of Abuses Performed by US

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

Documents

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

Specific Events or Operations

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

US Bases and Interrogation Centers

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

High Ranking Detainees

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

Other Detainees

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